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Home My WebLink AboutS-1490 Application�A.4101 2005069/53 08/16/22005 01:54;21 PM Filed 6 Recorded in official Records of Bill of Assurance PAT U' BRIER PULASKI COUNTY (Lot 1, St. Vincent Addition) CIRCUIT/COUNTY CLERK[ Fees $32.08 This Bill of Assurance is executed by CNL Retirement DAS South University Little Rock AR, LP, a Delaware limited partnership ("Grantor"), and made effective as of this lohi day of August, 2005. RECITALS: A. Grantor is the owner and developer of the lands more particularly described on Exhibit A attached hereto and made a part hereof, shown on the plat described below as Lot 1, St. Vincent Addition, an Addition to the City of Little Rock, Pulaski County, Arkansas (the "Property"). B. Grantor desires to replat the Property in accordance with the plat described below. NOW, THEREFORE, Grantor, for and in consideration of the benefits, to accrue to it, its successors and assigns, which benefits it acknowledges to be of value, has caused to be made a plat showing a survey made by Paul M. White, White Daters & Associates, Little Rock, Arkansas, dated May 2005, and bearing a Certificate of Final Approval executed by the City of Little Rock, and showing the boundaries and dimensions of the property now being platted (the "Plat"). Grantor does hereby lay off and replat the Property in accordance with the Plat. The lands embraced in the Plat shall be forever known as "Lot 1, St. Vincent Addition, an Addition to the City of Little Rock, Arkansas" and any and every deed of conveyance of the Property by the number shown on said Plat shall always be deemed a sufficient description thereof. 1. Replat to Terminate Easement. The Plat is prepared, approved and recorded to replat the property to terminate, remove and/or vacate part of the ten foot utility easement originally platted along the west line of Lot 1, B & C Addition. 2. Existing Easements and Restrictions. The Plat reflects various easements on the Property (collectively, the "Existing Easements") created by Grantor's predecessors in title pursuant to various instruments separate from the Plat. The Existing Easements shall remain in force as granted and are unaffected by the Plat. The Property may also be subject to certain covenants, conditions and restrictions (collectively, the "Existing Restrictions ") created by various bills of assurance and similar instruments executed and recorded by Grantor's predecessors in title. To the extent the Existing Restrictions remain enforceable against the Property on the date preceding this Bill of Assurance, they shall remain unaffected by this instrument and continue to bind and encumber the Property pursuant to their respective terms. 3. Severability. Invalidation of any covenant, condition, requirement or restriction set forth herein or any part thereof by any order, judgment or decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions a art thereof as set forth herein, but they shall remain in full force and effect. ��G1Rcul r e 4. Construction of Instrument. This Bill of Assurance shall not be construed more strictly against a party merely by virtue of the fact that it may have been prepared by counsel for a party. The headings of various Sections in this Bill of Assurance and all exhibits and attachments hereto are for convenience only, and are not to be utilized in construing the content or meaning of the substantive provisions hereof. All references to instruments, documents, contracts and agreements are references to such instruments, documents, contracts and agreements as the same may be amended, supplemented and otherwise modified from time to time, unless otherwise specified. The words "hereof', "herein" and "hereunder" and words of similar import when used in this Bill of Assurance and its exhibits shall, unless otherwise specifically stated, refer to this instrument as a whole and not to any particular provision of this Bill of Assurance. [SIGNATURES FOLLOW ON IMMEDIATELY SUCCEEDING PAGE] Bill of Assurance (Lot 1, St. Vincent Addition) Signature Page of Grantor EXECUTED as of the day and year first above stated. GRANTOR: CNL Retirement DAS South University Little Rock AR, LP, a Delaware limited partnership By: CNL Retirement DAS Little Rock AR GP, LLC, a Delaware limited liability company, its sole general partner By &tart J. Beebe xecutive Vice President ACKNOWLEDGMENT STATE OF FLORIDA ) ) ss. COUNTY OF ORANGE ) On August 'V4,' , 2005, before me, a duly qualified and acting Notary Public, personally appeared Stuart J. Beebe, who acknowledged himself to be the Executive Vice President of CNL Retirement DAS Little Rock AR GP, LLC, a Delaware limited liability company, the sole general partner of CNL Retirement DAS South University Little Rock AR, LP, a Delaware limited partnership, and that he, being authorized so to do, executed the foregoing instrument for the purposes and consideration therein contained, by signing the name of the limited liability company as general partner by himself as such officer. In witness whereof, I hereunto set my hand and official seal. Notary Public My Commission Expires: _ I I - a'� •(29 - +�*" STACIE D. BATES MY COMMISSION #E DD 375435 = _ EXPIRES: November 29, 2W8 eonded rhru Notary Public Underwhers �, 1 Bill of Assurance (Lot 1, St.*Vincent Addition) Signature Page of City of Little Rock Department of Planning and Development APPROVED BY: Little Rock Planning Commission City of Little Rock, Arkansas By: Name: Title: Date: Reviewed only for inclusion of minimum standards required by the City of Little Rock subdivision regulations. Bill of Assurance provisions established by the developer may exceed minimum regulations of tho Little Rock subdivision and zoning ordinances. bityV Little Rock Planninn Commission EXHIBIT A (Property Description) Part of Tract B-6, Crawford's Replat of Reserved Area and Tract "B" of the A.G.C. Addition to the City of Little Rock, Pulaski County, Arkansas, more particularly described as beginning at the Northwest corner of Lot "6-R" of the Coney Replat in the City of Little Rock, Arkansas; thence South 26 degrees 50 minutes 30 seconds West along the West line of said Lot 6-R, 110.0 feet; thence continuing along said West line of South 15 degrees 50 minutes East, 202.71 feet; thence South 66 degrees 05 minutes West, 127.51 feet to the P.C. of a curve of the center line of a 200 foot drainage easement; thence along said centerline along a 795.68 foot radius curve to the left a chord bearing and distance of North 39 degrees 39 minutes 40 seconds West, 225.44 feet; thence North 26 degrees 50 minutes 30 seconds East, 267.9 feet to the North line of said Tract B-6; thence South 63 degrees 09 minutes 30 seconds East along the North line, 150.0 feet to the point of beginning. AND Lot 1, B & C Addition, in the City of Little Rock, Pulaski County, Arkansas. AND Lot 2, B & C Addition, in the City of Little Rock, Pulaski County, Arkansas. Together with a Non -Exclusive Easement For Ingress and Egress described as starting from the northeast corner of Tract 4, AGC Addition; Thence N05°22'E, 50.00 ft.; Thence N84°38'W, 240.00 ft.; Thence S05°22'W, 50.00 ft.; Thence S84°28'E, 240.00 ft. contiguous along north border of said Tract 4 to the point of beginning. orl-fs 1 \MATHURP\409942v01 \8/5/05\57884.014700 2005069154 08/16/2005 01:54:22 PX Filed & Recorded in Official Records of PAT O'ERIEN PULASKI COUNTY CIRCUIT/CGUNTY CLERK Fees $8.A9 CONCURRENCE TO VACATE A DEDICATED EASEMENT BE IT KNOWN BY THESE PRESENTS that Southwestern Bell Telephone LP, a Texas limited partnership, d.b.a. SBC Arkansas, hereby concurs in the closing of a portion of the following dedicated utility easement, to -wit: All that part of a ten foot (10') wide dedicated utility easement which runs along the west line of Lot 1, B It C Addition of the St. Vincent Addition to the City of Little Rock, Arkansas, as shown on the replat of Lot 6-R, recorded in Plat Book "D" at Page 1 in the office of the Pulaski County circuit clerk. Signed and executed this 2$�day of June, 2005. STATE OF ARKANSAS COUNTY OF FAULKNER By: VJean Davis rector-Engineering/Construction CORPORATE ACKNOWLEDGMENT On this theZa&ay of June, 2005, before me, the undersigned authority, duly commissioned and qualified in and for the state and county set forth above, personally came and appeared F. Jean Davis, who, after being duly sworn, declared that he is the Director-Engineering/Construction for Southwestern Bell Telephone LP, a Texas limited partnership, d.b.a. SBC Arkansas, and that he executed the foregoing instrument as the act a OFICun- deed of said company of his own free will and for the purposes and considerations therein expressed and with due authority. 51!;;;S;._,,fi ' jess whereof I hereunto set my hand and official seal. ,� - Q l 0TAiq f: '} g. I��i's,r 466trt3 t.prepared by SBC yA i V�. f; koom 941 Ly a E. Sommerfeldt Palmer tittfe.ock,AR 72201 (501-373-5255) Notary Public My commission expires August 10, 2011 CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: ST. VINCENT ADDITION LOT I f �l INSPECTOR REPORT I have made a final inspection of the improvements and find that: e4All improvements shown on construction drawings for the development are constructed and in conformance with City requirements/standards. Certain Improvements remain uncompleted as follows: [1 Engineering Specialist ENGINEER REPORT I have reviewed the file for this matter and find that: The maintenance bond has been submitted and it is the proper type and amount. Financial assurance for the uncompleted improvements listed above has been received. P/4 All other requiremen s for final plat approval have been satisfied. Civil Engineer UII SURVEYOR'S REPORT I have reviewed the plat and find that: OXr-- All requirements fg�final plat approval have been satisfied. � � d Surveyor'�— MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. Design Review Engineer/Civil Engineering Manager October 2004 City of Little Rock Planning and Development Filing Fees Date: zp (} Annexation Board of Adjustment Cond. Use PermiVT.U.P. Final Plat Planned Unit Dev. Preliminary Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Number - - at ea. Public Hearing Signs Number at ea. Total File No. S- 1C [ $ $ f)9 , $ABG 1 4 Z005 $Lw6a. Location �� • w , Applicant By