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Home My WebLink AboutS-1733 ApplicationTHIS INSTRUMENT PREPARED BY AND AFTER RECORDING RETURN TO: Timothy W. Grooms, Esq. Quattlebaum, Grooms, Tull & Burrow PLLC l I 1 Center Street, Suite 1900 Little Rock, Arkansas 72201 (501)379-1700 2014052149 Received: 9/9/2014 11:30:14 ABM Recorded: 09109/2014 11:34:08 AM Filed & Recorded in Official Records of Larry Crane, PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $35.00 BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, SPLASH EXPRESS 10, LLC, an Arkansas limited liability company ("Grantor"), is the sole owner of certain real property located in Pulaski County, Arkansas, with a legal description set forth on the attached Exhibit A (the "Property", or the "Lot"); and WHEREAS, Grantor desires for the Property to be held, owned and conveyed subject to and in conformity with the following covenants which, subject to being amended or canceled as hereinafter provided shall be in and remain in full force and effect from the date the same are filed for record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas. NOW, THEREFORE, WITNESSETH: Grantor has caused the Property to be surveyed by Paul M. White, Registered Land Surveyor having Arkansas License Number RLS 1281, and a plat thereof made, which is identified by the title of "Plat of Lots 1 & 2 Anita Addition an Addition to the City of Little Rock, Arkansas" and dated Sb e r, U 14 (the "Plat"). This Bill of Assurance and the Plat, which have been signed by said Grantor, are recorded in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski 20M oS 2- ISO County, Arkansas, in Plat Book , Page Grantor does hereby make this Bill of Assurance to govern and control the Property described on the Plat. Grantor hereby certifies that it has laid off, platted and subdivided, and does hereby lay off, plat and subdivide the Property in accordance with the Plat. The Property, as shown on the Plat, shall be forever known as Lots 1 and 2, Anita Addition an Addition to the City of Little Rock, Pulaski County, Arkansas. With the filing of this Bill of Assurance and the Plat in the office of the Circuit Clerk of Pulaski County, Arkansas, the rights -of -ways shown on the Plat are hereby dedicated by Grantor to the City of Little Rock, Arkansas. Further, Grantor hereby dedicates the Floodway Dedication and Drainage Easement shown on the Plat to the appropriate public utilities. Hereafter, conveyances and descriptions of the Property by lot numbers as shown on the Plat shall be a proper and sufficient description thereof. Lots 1 and 2, Anita Addition an Addition to the City of Little Rock, Pulaski County, Arkansas, shall be conveyed by the Grantor and shall be acquired by the grantees thereof, subject to the Plat and the following covenants, to wit: No Lot shall be re -subdivided nor shall any structure be erected or placed on any Lot having a width or total area less than the minimum standards as set forth by current Zoning and Subdivision Ordinance regulations for the City of Little Rock and pertaining to the current zoning classification of the subject Lot. 2. No building is to be constructed on any Lot nearer than the setback lines noted on the Plat. All other applicable setbacks for buildings and parking areas shall be in accordance with 0 provisions for front, side and rear yard setbacks as set forth in current Zoning and Subdivision Ordinance regulations for the City of Little Rock, Arkansas, and pertaining to the current zoning classification of each Lot, at the time of development. 3. No buildings or other structures shall be built or maintained within the area of any of the easements shown on the Plat, and in the event any such obstruction is placed thereon in violation of this restriction and reservation, no utility or public agent will be liable for destruction of same in constructing and maintaining its facilities located within the area of said easement. 4. No obstruction shall be placed in the street or gutter. Curbs shall be broken at driveways, and driveway aprons shall not extend past the face of the curb. 5. This Bill of Assurance shall be in full force and effect in perpetuity subject to the following amendment and termination rights of the owners of the Property. This Bill of Assurance may be amended or terminated at any time from the date hereof by the unanimous written agreement and consent of all owners of Lots 1 and 2. The covenants, restrictions and provisions of this Bill of Assurance shall be deemed covenants running with the land and shall remain in full force and effect for the term set forth above unless and until amended or terminated as authorized hereinbefore. The parties are mindful of the decision in Rausch Coleman Homes. LLC v. Brech, 2009 Ark. App. 225 (the "Decision") and do not wish for the Decision to limit the ability of the parties to amend these covenants at any time and from time -to -time. The parties intend that these covenants may be amended at any time from the date hereof throughout the term of this Bill of Assurance and expressly intend and agree that these covenants may be amended prior to any expiration or termination date set forth herein. 9 6. The invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned has executed this Bill of Assurance on the day and year noted below. Revieivad only fcr indus'.oii of mani .urn S__mizroL, required by the Clay of d-Wa r �: ✓':; s!t�' ,. _ L Bill of Assura oa ror.;cr ._:.. tj developer rna Ce R(aC`'tt 3ijt�d! JiSiitn andcc-, f Little Rock Plannina Corrrmission STATE OF ARKANSAS COUNTY OF PULASKI SPLASH EXPRESS 10, LLC an Arkansas limited liability company By: t,i Mark Middleton, Mana r ACKNOWLEDGMENT On this � day of 6ft,41"y , 2014, before me, a Notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named MARK MIDDLETON, being the person authorized by said limited liability company to execute such instrument, stating his respective capacity in that behalf, to me personally well known, who stated that he is the Manager of SPLASH EXPRESS 10, LLC, an Arkansas limited liability company, and was duly authorized in his respective capacity to execute the foregoing instrument for and in the name and behalf of said limited liability company, and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 641' day of �tp'f�►' , 2014. My Commission Expires: 02-03 -a,a�y TAMARA M. GUFFEY Afkans7S . Saline County Notary Public • Commo 12396983 My Commission Expires Feb 3, 2024 9 Notary Public EXHIBIT A [LEGAL DESCRIPTION OF THE PROPERTY] PART OF' THE El/2 El/2 OF THE CIE 1/4 NE ] f 4, SECT6ON 19, T-2-N, R-13-W, PULASICI COUNTY. ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF THE NE1/4 NE1/4 OF SAID SECTION 19; THENCE S01`27'3Y W ALONG THE EAST LIME OF SAID NE 1 /4 NE1 /4, 339.80 FL TO A POINT ON THE 'NEST RIGHT-OF-WAY LJNE OF BLACK STREET AND THE PC* T Of BEG1NMNG; THENCE CONT NiIJE S01'2T3rW ALONG THE SAID WEST RIGHT--OF-WAY LIME. 18010 FT., THENCE NSY24'4a'w, 363.96 Fr.; T14ENICE NOM'41"E. 258.48 FT. TO A POINT ON THE SOUTH ROGHT-OF-WAY LIME OF ARKANSA.S STATE HIGHWAY NO. 10; THENCE S61r13°29r'E AL40W SAID SOUTH RIGHT-OF-WAY UNE, 154.02 FT.; THENCE S8318'26 E CONTINUING ALONG SAM SOUTH RIGHT -CIF -WAY tJNE. 106.42 ET.; THENCE S2(Y36`22rW. 15&39 FT.; THENCE S8936'4WE, 138,03 FT. TO THE PONT OF BEGINNW, CONTAIN NG 73.,302 SO. FT. OR 1-6828 ACRES MORE OR LESS. 3911 /07768/Bill of Assurance 08252014 (v2) 5 CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: ANITA ADDITION LOTS 1 & 2 INSPECTOR REPORT I have made a final inspection of the improvements and fmd that: All improvements shown on construction drawings for the development are constructed and in conformance with City requirements/standards. Certain Improvements remain uncompleted and a punch list has been prepared and sent. Engineering Specialist Date: ADDRESSING SPECIALIST REPORT I have reviewed the plat and End that the street names and street configuration are acceptable. Addressing Specialist Date: TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: All streetlight installation, striping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. street signs should be ordered and billed to developer. Work orders have been prepared for signage. Certain improvements remain uncompleted and a punch list has been pr- pared and sent. Approved engineering drawings for streetlight system have been receiver and approved. Applicant is responsible to furnish as -built drawings once streetlights have been installed. Traffic Engineer CIVIL ENGINEER REPORT Date: I have eviewed th1kTK& th�,spattL iaj �7th�at:� 0,0 �'� a�"b 1W $' 'f�T 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. As -built drainage plans in electronic form have been submitted. All other requirements for final plat approval have been satisfied. ��++ l i Civil Engineer I/II Date: (� /`i SURVEYOR REPORT I have reviewed the plat and find that: All requirements for final plat approval have been satisfied. Surveyor Date: G z g �� MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. Date: 1 az a 1►y Design Review Engineer/Civil Engineering Manager Effective: August 28, 2014 Tamara Guffey From: Daniel Tull <Daniel.Tull@carkw.com> Sent: Tuesday, August 26, 2014 4:16 PM To: Tamara Guffey Subject: RE: Final Plat Approval- Lots 1 & 2, Anita Addition CAW approved with the following comments. Lot 2 will no longer have service available from Highway 10. A main extension will have to be installed south along Black St with a minimum of an 8" main and a fire hydrant installed when it is developed. There is a Capitol Investment Charge based on the size of connection on the main on Highway 10. The 8" connection charge is $3,200.00 Thank You Central Arkansas Water Daniel Tull, Engineering Technician daniel.tull carkw.com 501-377-1245 From: Tamara Guffey [mailto:tguffey@whitedaters.com] Sent: Tuesday, August 26, 2014 3:39 PM To: 'Jim Boyd'; Daniel Tull; 'THOMPSON, THEODIS'; 'Bates, Joni B.'; jm4138@att.com Cc: 'James, Donna'; 'Floriani, Vince'; 'Harper, Vance'; 'Paul White'; 'Brian Dale' Subject: Final Plat Approval- Lots 1 & 2, Anita Addition Attached for your review and approval is a final plat copy of Lots 1 and 2, Anita Addition, to the City of Little Rock. The owner of this property would like to file this plat by Tuesday, September 9, 2014. If we could please get an answer by your earliest convenience, we would really appreciate it. An email response or signed copy via email will suffice in lieu of a signed paper copy. off on a paper copy please let me know and we will have one sent to you without delay Paul White at PwhiteCc�whitedaters.com or 821-1667. We appreciate your timely response. Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 If you would like to review and sign . Any questions may be directed to Tamara Guffey From: THOMPSON, THEODIS <TTHOMPI@entergy.com> Sent: Monday, September 08, 2014 3:05 PM To: Tamara Guffey Subject: RE: Final Plat Approval- Lots 1 & 2, Anita Addition Plat is OK as submitted. Theodis Thompson Entergy Arkansas, Inc. From: Tamara Guffey [mailto:tguffey@whitedaters.com] Sent: Thursday, September 04, 2014 11:23 AM To: THOMPSON, THEODIS; jm4138@att.com Subject: FW: Final Plat Approval- Lots 1 & 2, Anita Addition EXTERNAL SENDER. DO NOT click links if sender is unknown. DO NOT provide your user ID or password. Just a reminder. Thank you Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501 ) 821-1668 From: Tamara Guffey[maiito:tguffev@whitedaters.coni] Sent: Tuesday, August 26, 2014 3:39 PM To: 'Jim Boyd'; 'Daniel Tull'; 'THOMPSON, THEODIS'; 'Bates, Joni B.'; MANION, JOSEPH E m4138 att.com Cc: 'James, Donna';'Floriani, Vince'; 'Harper, Vance'; 'Paul White'; 'Brian Dale' Subject: Final Plat Approval- Lots 1 & 2, Anita Addition Attached for your review and approval is a final plat copy of Lots 1 and 2, Anita Addition, to the City of Little Rock. The owner of this property would like to file this plat by Tuesday, September 9, 2014. If we could please get an answer by your earliest convenience, we would really appreciate it. An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to review and sign off on a paper copy please let me know and we will have one sent to you without delay. Any questions may be directed to Paul White at pwhiteCcz�.whitedaters.com or 821-1667. We appreciate your timely response. Tamara Guffey From: Tamara Guffey <tguffey@whitedaters.com> Sent: Thursday, September 04, 2014 11:23 AM To: 'THOMPSON, THEODIS'; MANION, JOSEPH Ejm4l38@att.com Subject: FW: Final Plat Approval- Lots 1 & 2, Anita Addition Attachments: Temp00004.PDF Just a reminder. Thank you Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 821-1668 From: Tamara Guffey [mailto:tguffey@whitedaters.com] Sent: Tuesday, August 26, 2014 3:39 PM To:'Jim Boyd'; 'Daniel Tull'; 'THOMPSON, THEODIS'; 'Bates, Joni B.'; MANION, JOSEPH E jm4138@att.com Cc: 'James, Donna'; 'Floriani, Vince'; 'Harper, Vance'; 'Paul White'; 'Brian Dale' Subject: Final Plat Approval- Lots 1 & 2, Anita Addition Attached for your review and approval is a final plat copy of Lots 1 and 2, Anita Addition, to the City of Little Rock. The owner of this property would like to file this plat by Tuesday, September 9, 2014. If we could please get an answer by your earliest convenience, we would really appreciate it. An email response or signed copy via email will suffice in lieu of a signed paper copy. off on a paper copy please let me know and we will have one sent to you without delay Paul White at pwhiteOwhitedaters.com or 821-1667. We appreciate your timely response. Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 If you would like to review and sign . Any questions may be directed to James, Donna From: Tamara Guffey <tguffey@whitedaters.com> Sent: Tuesday, August 26, 2014 3:39 PM To: 'Jim Boyd'; 'Daniel Tull'; 'THOMPSON, THEODIS'; 'Bates, Joni B.';jm4l38@att.com Cc: James, Donna; Floriani, Vince; Harper, Vance; 'Paul White'; 'Brian Dale' Subject: Final Plat Approval- Lots 1 & 2, Anita Addition Attachments: Temp00004.PDF Attached for your review and approval is a final plat copy of Lots 1 and 2, Anita Addition, to the City of Little Rock. The owner of this property would like to file this plat by Tuesday, September 9, 2014. If we could please get an answer by your earliest convenience, we would really appreciate it. An email response or signed copy via email will suffice in lieu of a signed paper copy. off on a paper copy please let me know and we will have one sent to you without delay Paul White at pwhite@whitedaters.com or 821-1667. We appreciate your timely response. Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 If you would like to review and sign . Any questions may be directed to Paul White From: Sent: To: Subject: Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 Tamara Guffey <tguffey@whitedaters.com> Thursday, August 28, 2014 4:26 PM 'Paul White' FW: Final Plat Approval- Lots 1 & 2, Anita Addition From: Clark, Samuel T[mailto:samuel.clark@centerpointenergy.comj Sent: Thursday, August 28, 2014 4:11 PM To: 'tguffey@whitedaters.com' Cc: Edwards, Micah B; Bates, Joni B. Subject: RE: Final Plat Approval- Lots 1 & 2, Anita Addition Tamara, I have reviewed the plat that you have submitted and CenterPoint does not operate any facilities on this property. We do maintain and operate a 4" plastic main in the Hwy 10/Cantrell ROW, but it should not be in conflict or affected by your plans. Thank you, Sam Clark, EI Engineer II Southern Gas Operations I Arkansas/Oklahoma Region 401 W. Capitol Ave, Suite 600 I Little Rock, AR 72201 Direct:501-377-4738 1 Mobile:501-68o-zo95 Mmuel.clark@renterpointenerty com is CenterPloint From: Tamara Guffey [mailto:tguffey@whitedaters.com] Sent: Tuesday, August 26, 2014 3:39 PM To: 'Jim Boyd'; 'Daniel Tull'; 'THOMPSON, THEODIS'; Bates, Joni B.; Jm4138@att.com Cc: 'James, Donna'; 'Floriani, Vince'; 'Harper, Vance'; 'Paul White'; 'Brian Dale' Subject: Final Plat Approval- Lots 1 & 2, Anita Addition Attached for your review and approval is a final plat copy of Lots 1 and 2, Anita Addition, to the City of Little Rock. The owner of this property would like to file this plat by Tuesday, September 9, 2014. If we could please get an answer by your earliest convenience, we would really appreciate it. An email response or signed copy via email will suffice in lieu of a signed paper copy. off on a paper copy please let me know and we will have one sent to you without delay Paul White at white whitedaters.com or 821-1667. We appreciate your timely response. Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501)821-1668 If you would like to review and sign . Any questions may be directed to ***** This email is from an external sender outside of the CenterPoint Energy network. Be cautious about clicking links or opening attachments from unknown sources. ***** City of Little Rock Planning and Development Filing Fees Date r, 2014 Annexation Board of Adjustment Cond Use Permit/T UP Final Plat Planned Unit Dev Preliminaiy 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 a Location Appl1 By