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HomeMy WebLinkAboutS-1845 Application��i��lllllijl�llliltii[lilllilllllllll W 2019019806 AM RECOR90 0 93-2019 1:zs:zo AM PRESENiEA. 11.4 Eo In official Records of Terri Hollingsworth Circuit/County Clerk THIS INSTRUMENT PREPARED BY: PULASKI CO, AR FEE $20.00 J. Cliff McKinney, Esq. Quattlebaum, Grooms & Tull PLLC 111 Center Street, Suite 1900 Little Rock, Arkansas 72201 (501) 379-1700 BILL OF ASSURANCE WHEREAS, Little Rock Midtown Limited Partnership, a Texas limited partnership ("Grantor"), 10210 North Central Expressway, Suite 300, Dallas, Texas 75231, is the owner of the following described land lying in the City of Little Rock, Pulaski County, Arkansas: Grantor has caused the lands described as follows to be surveyed and a plat (the "Plat") thereof made, which is identified by the title of "Final Plat of Lots 1-8, The District at Midtown Addition": PROPERTY DESCRIPTION PLOTS 1, 2, 3, 4, 5, 6, 7, 8, AND 9, LITTLE ROCK LAND COMPANY MEDICAL AND COMMERCIAL PARK, CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS AS FILED FOR RECORD IN PLAT BOOK 32, PAGE 22. This Bill of Assurance and the Plat have been signed by Grantor, and the Plat is recorded in the office of the Circuit C`I.erk and Ex-Officio Recorder of Pulaski County, Arkansas, as Instrument Number ZO \ 1 j0�326 7 -. Grantor does hereby make this Bill of Assurance to govern and control the land described in the Plat. HEREAFTER, conveyances and descriptions of the property as shown on the Plat shall be a proper and sufficient description thereof. Lots 1-8, The District at Midtown Addition to the City of Little Rock, Pulaski County, Arkansas, shall be conveyed by Grantor and shall be acquired by the grantees thereof subject to the covenants contained herein and the Plat. RIGHTS OF WAY: 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 -way shown on said Plat (if any) are hereby dedicated to the City of Little Rock. The utility easements shown thereon on dedicated to the appropriate public utilities. TERM/AMENDMENT 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 of the owners of Lots 1-8. Grantor is 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 this Bill of Assurance at any time and from time -to -time. Grantor intends that this Bill of Assurance may be amended at any time from the date hereof throughout the term of this Bill of Assurance and expressly intend and agree that this Bill of Assurance may be amended prior to any expiration or termination date set forth herein, RESTRICTIONS: Grantor and all future grantees of the property described in this Bill of Assurance and the Plat specifically agree all ordinances of the City of Little Rock shall be strictly adhered to and followed and, should the Plat or this Bill of Assurance be contrary, in any way, to the ordinances adopted by the City of Little Rock, from time to time, such ordinances shall have precedence. All buildings constructed on said lots shall be constructed no nearer the street than the building line shown on the Plat, and all buildings shall be constructed in conformance with the Building Code and Zoning Ordinance of the City of Little Rock, Arkansas. IN WITNESS WHEREOF, Grantor does hereby set their hand and seal on this Bill of Assurance. LITTLE ROCK MIDTOWN LIMITED PARTNERSHIP, a Texas limited partnership By: Little Rock Midtown GP, LLC, a Texas limited liability company Its: General Partner By: J lias aw . r., Vice tent STATE OF TEXAS ) )ss. ACKNOWLEDGMENT COUNTY OF DALLAS ) On this day, before me, a Notary Public, duly commissioned, qualified and acting, with and for said County and State, appeared in person the within named Julian Hawes, Jr., to me well known, who stated he was the Vice President of Little Rock Midtown GP, LLC, a Texas limited liability company, which is the General Partner of Little Rock Midtown Limited Partnership, a Texas limited partnership, and was duly authorized in such capacity to execute the foregoing instrument for and in the name and on behalf of the entities, and further stated and acknowledged he had so signed, executed and delivered the 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 —Pclay of 201 �. Ntdary Public My commission expires: (SEAL) .yn��r�f LISA D. BUFKIN 4n's Notary Public, State of Texas =a v? Comm. 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K)64 Gdy cf Lit,ic:, F;c,c,: plonrtirt Carney, Dana From: Robert Brown <robertb@dcius.pro> Sent: Tuesday, March 26, 2019 7:15 AM To: Carney, Dana Subject: FW: The District at Midtown Attachments: 17-114 2019-01-08 Centerpoint Plat Approval.pdf, 17-114 2019-01-08 LRWRA Plat Approval.pdf; 17-114 2019-03-20 Street Name Approval.pdf; 17-114 2019-03-25 CLR Public Works Approval.pdf; 17-114 2018-12-10 Entergy Plat Approval.pdf; 17-114 2018-12-11 CAW Plat Approval.pdf; 17-114 2019-01-04 AT&T Plat Approval.pdf In addition to the plat and BOA document sent yesterday, I have attached the email approval memos from each utility company (no easements at this time), the street name approval from Glen Haley, and the Public Works approval from Vince Floriani. I have sent the plat to the owners for signatures and will be ready for your signature when it gets back to LR. Please look over everything, I believe we should be 100% complete for now. Let me know if you see anything that needs attention. Thanks, Development Consultants Inc. Engineering • Landscape Architecture • Planning • Land Surveying 2200 North Rodney Parham, Suite 220 Little Rocky Arkansas 72212 Office 501.221.7880 Cell 501.804.7881 From: Robert Brown Sent: Monday, March 25, 2019 3:53 PM To: Dana Carney <dcarney@littlerock.gov> Subject: The District at Midtown Attached is a copy of the Bill of Assurance document for your review. The attached plat copy has been updated to add a street name for the north -south drive in the middle of the site, and, labeling the drainage easement as "Private," per Vince Floriani. Vince should be sending an email stating approval now that I have addressed those comments. I also have email approvals from each utility company. Let me know if the BOA needs anything. Thanks, Robert M. Brown Development Consultants Inc. Engineering • Landscape Architecture • Planning • Land Surveying 2200 North Rodney Parham, Suite 220 Little Rock, Arkansas 72212 Office 501.221.7880 Cell 501.804.7881 From: McNully, Vernon W. <vernon.mcnully@centerpointenergy.com> Sent: Tuesday, January 8, 2019 9:47 AM To: Robert Brown Subject: RE: [External Email] FW: The District at Midtown - Plat Review CenterPoint approves the existing plat with the understanding that easements will be provided in the locations necessary for service delivery. Vernon McNully PE Centerpoint. Engineering Manager € Arkansas,"Oklahoma region Energy 501-377-4795 w. 1501-772-2153 c. Center Poi ntEnergy. com 0 00 0 From: Robert Brown [mailto:robertb@dcius.pro] Sent: Thursday, January 3, 2019 11:17 AM To: Vincent Hotho <steven.hotho@lrwu.com>; Chris Keathley <ck0826@att.com>; McNully, Vernon W. <vernon.mcnully@centerpointenergy.com> Subject: [External Email] FW: The District at Midtown - Plat Review Gentlemen: I am needing your approval statement for this first phase of lot subdivision for this project. Again, our intent is to accomplish this first phase of platting and to complete the design and construction of utilities, prior to dedication of easements. We will then prepare an easement plat or plat revision to dedicate easements based on the as -built locations of utility installations. Please feel free to contact me with any questions. I need your responses as soon as possible to proceed. Thanks, Robert M. Brown PRINCIPAL Development Consultants Inc. Engineering • Landscape Architecture • Planning - Land Surveying 2200 North Rodney Parham, Suite 220 Little Rock, Arkansas 72212 Office 501.221.7880 Cell 501.804.7881 From: Robert Brown Sent: Thursday, December 6, 2018 4:05 PM To: Bernard Neumeier <bneumei@entergy.corn>; Vincent Hotho <steven.hotho@Irwu.com>; McNully, Vernon W. <vernon.mcnuiE center ointener .com>; Chris Keathley <ckO826@att.com>; Jason Lowder <iason.lowder _ carkw.com> Subject: The District at Midtown - Plat Review Attached is a copy of the proposed final plat and approved PCD Site Plan for The District at Midtown Addition. The plat shows the remaining easements that were not abandoned and does not show any new easements at this time. As we discussed during the easement abandonment process, our desire is to dedicate easements for utilities after utility installations are complete and we collect as -built survey locations. We are in the process of finalizing the infrastructure design at this time, and we will accomplish dedications with either a revised final plat, or an easement plat. So, to meet the requirements of CLR Planning, I need your approvals for the plat as it is today, with the condition that the necessary easements will be dedicated at the time construction is completed. Please review at your earliest convenience and let me know if you have any questions. Thank you, Robert M. Brown PRINCIPAL Development Consultants Inc. Engineering • Landscape Architecture • Planning • Land Surveying 2200 North Rodney Parham, Suite 220 Little Rock, Arkansas 72212 Office 501.221.7880 Cell 501.804.7881 ***** This email is from an external sender outside of the CenterPoint Energy network. Be cautious about clicking links or opening attachments from unknown sources. ***** From: NEUMEIER, BERNARD <BNEUMEI@entergy.com> Sent: Monday, December 10, 2018 8:30 AM To: Robert Brown Subject: RE: The District at Midtown - Plat Review Entergy approves of the proposed plat with the condition that the necessary easements will be dedicated at the time construction is completed. Thanks, .06etnatd Cffeumeiet Region Engineering Supervisor Entergy Arkansas, Inc. 8-721-5158 501-954-5158 501-954-5175 fax 501-733-0045 cell From: Robert Brown [mailto:robertb@dctus.pra] Sent: Thursday, December 06, 2018 4:05 PM To: NEUMEIER, BERNARD; Vincent Hotho; McNulty, Vernon W.; Chris Keathley ; Jason Lowder Subject: The District at Midtown - Plat Review Attached is a copy of the proposed final plat and approved PCD Site Plan for The District at Midtown Addition. The plat shows the remaining easements that were not abandoned and does not show any new easements at this time. As we discussed during the easement abandonment process, our desire is to dedicate easements for utilities after utility installations are complete and we collect as -built survey locations. We are in the process of finalizing the infrastructure design at this time, and we will accomplish dedications with either a revised final plat, or an easement plat. So, to meet the requirements of CLR Planning, I need your approvals for the plat as it is today, with the condition that the necessary easements will be dedicated at the time construction is completed. Please review at your earliest convenience and let me know if you have any questions. Thank you, Robert M. Brown PRINCIPAL Development Consultants Inc. Engineering Landscape Architecture . Planning • Land Surveying 2200 North Rodney Parham, Suite 220 Little Rock, Arkansas 72212 Office 501.221.7880 Cell 501.804.7881 This message is intended for the exclusive use of the intended addressee. If you have received this message in error or are not the intended addressee or his or her authorized agent, please notify me immediately by e-mail, discard any paper copies and delete all electronic files of this message. From: Vincent Hotho <Steven.Hotho@lrwra.com> Sent: Tuesday, January 8, 2019 1:27 PM To: Robert Brown Cc: Carney, Dana Subject: RE: The District at Midtown - Plat Review Robert, LRWRA does not object to proceeding with this plat, with the understanding that a correction plat or a separate plat will be filed to cover utility easements after as -built data is complete and reviewed by LRWRA. I will say that I believe some statement should be added on this plat which makes reference to a separate utility easement plat, if that is how it will be done. No building permits will be released by LRWRA until all needed sewer/utility easements are complete and filed. Thanks, Vince S. Vincent Hotho, P.E. Program Manager, Department of Engineering Services 11 Clearwater Dr. Little Rock, AR 72204 Office: (501)688-1452 www.irwra.com LITTLE ROCK ,-. Water Reelaroatioo �� Authority ONE VdA_ 6NL F4;YJR4. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the sender. This message may contain confidential information, and is intended only for the individual named. From: Robert Brown <robertb@dcius.pra> Sent: Thursday, January 3, 2019 11:17 AM To: Vincent Hotho <Steven.Hotha Irwra.corn>; Chris Keathley <ck0826@att.com>; McNully, Vernon W. <vei-non.mcnu Ily@ eenterpaintenergy.com> Subject: FW: The District at Midtown - Plat Review Gentlemen: I am needing your approval statement for this first phase of lot subdivision for this project. Again, our intent is to accomplish this first phase of platting and to complete the design and construction of utilities, prior to dedication of easements. We will then prepare an easement plat or plat revision to dedicate easements based on the as -built locations of utility installations. Please feel free to contact me with any questions. I need your responses as soon as possible to proceed. Thanks, Robert M. Brown PRINCIPAL Development Consultants Inc. Engineering • Landscape Architecture • Planning • Land Surveying 2200 North Rodney Parham, Suite 220 Little Rock, Arkansas 72212 Office 501.221.7680 Cell 501.804.7881 From: Robert Brown Sent: Thursday, December 6, 2018 4:05 PM To: Bernard Neumeier <bneumei@entergy.com>; Vincent Hotho <steven.hotho lrwu.cam>; McNully, Vernon W. <vernon.mcnull center ointener .corn>; Chris Keathley <ck0826@att.com>; Jason Lowder <jason.iowder@carl_c_w.com> Subject: The District at Midtown - Plat Review Attached is a copy of the proposed final plat and approved PCD Site Plan for The District at Midtown Addition. The plat shows the remaining easements that were not abandoned and does not show any new easements at this time. As we discussed during the easement abandonment process, our desire is to dedicate easements for utilities after utility installations are complete and we collect as -built survey locations. We are in the process of finalizing the infrastructure design at this time, and we will accomplish dedications with either a revised final plat, or an easement plat. So, to meet the requirements of CLR Planning, I need your approvals for the plat as it is today, with the condition that the necessary easements will be dedicated at the time construction is completed. Please review at your earliest convenience and let me know if you have any questions. Thank you, 'r Robert M. Brown PRINCIPAL Development Consultants Inc. Engineering • Landscape Architecture • Planning • Land Surveying 2200 North Rodney Parham, Suite 220 Little Rock, Arkansas 72.212 Office 501.221.7880 Cell 501.804.7881 From: Jason Lowder <Jason.Lowder@carkw.com> Sent: Tuesday, December 11, 2018 9:54 AM To: Robert Brown Subject: RE: The District at Midtown - Plat Review Central Arkansas Water approves with no comments. Respectfully, Jason Lowder, Engineering Technician iason.lowder carkw.com 501-377-1245 Gw[M plhD.csiHPfu From: Robert Brown [matlto:robertbPdcius.oro] Sent: Thursday, December 06, 2018 4:05 PM To: Bernard Neumeier; Vincent Hotho; McNulty, Vernon W.; Chris Keathley ; Jason Lowder Subject: The District at Midtown - Plat Review Attached is a copy of the proposed final plat and approved PCD Site Plan for The District at Midtown Addition. The plat shows the remaining easements that were not abandoned and does not show any new easements at this time. As we discussed during the easement abandonment process, our desire is to dedicate easements for utilities after utility installations are complete and we collect as -built survey locations. We are in the process of finalizing the infrastructure design at this time, and we will accomplish dedications with either a revised final plat, or an easement plat. So, to meet the requirements of CLR Planning, I need your approvals for the plat as it is today, with the condition that the necessary easements will be dedicated at the time construction is completed. Please review at your earliest convenience and let me know if you have any questions. Thank you, Robert M. Brown PRINCIPAL Development Consultants Inc. Engineering • Landscape Architecture - Planning • Land Surveying 2200 North Rodney Parhain, Suite 220 Little Rock, Arkansas 72212 Office 501.221.7880 Cell 501.804.7881 From: Sent: To: Subject: Mr. Brown, JULIAN DR. is available. Haley, Glenn <GHaley@littlerock.gov> Wednesday, March 20, 2019 8:43 AM Robert Brown RE: New Street Name Glenn Haley City of Little Rock 911 Addressing Coordinator (501) 371-4537 From: Robert Brown [mailto:robertb@dcius.taro] Sent: Wednesday, March 20, 2019 7:40 AM To: Haley, Glenn <GHaleV@1ittierock.gov> Subject: New Street Name Is the street name Julian Drive available? Robert M. Brown Development Consultants Inc. Engineering • Landscape Architecture • Planning - Land Surveying 2200 North Rodney Parham, Suite 220 Little Rock, Arkansas 72212 Office 501.221.7880 Cell 501.804.7881 From: Sent: To: Cc: Subject: Attachments: MONROE, TIMOTHY I <tm994e@att.com> Thursday, January 3, 2019 1:42 PM Robert Brown KEATHLEY, CHRIS FW: The District at Midtown - Plat Review 17-114 2018-12-06 Final Plat Review Copy.pdf; 17-114 2018-08-28 Approved PCD Site Plan.pdf Robert, AT&T approves. Thanks, Timothy Monroe OSP Engineer AT&T Arkansas 1111 W. Capitol Ave. Little Rock, AR 72201 Office: 501.373.5969 Cell: 501.650.3962 From: KEATHLEY, CHRIS Sent: Thursday, December 06, 2018 4:48 PM To: MONROE, TIMOTHY I <tm994e@att.corn> Subject: FW: The District at Midtown - Plat Review Tim..... it looks like it's moving.... CK Chris Keathley Lead 05P Ping & Eng bsgn 501.373.6594 O 501.615.5823 C ck0826@att.com From: Robert Brown <robertb@dcius.pro> Sent: Thursday, December 06, 2018 4:05 PM To: Bernard Neumeier <bneurnei@entergy.com>; Vincent Hotho <steven.hotho@lrwu.corn>; McNulty, Vernon W. <vernon.mcnuli center ointener .com>; KEATHLEY, CHRIS <ck0826att.com>; Jason Lowder <iason.lowdercarkw.com> Subject: The District at Midtown - Plat Review Attached is a copy of the proposed final plat and approved PCD Site Plan for The District at Midtown Addition. The plat shows the remaining easements that were not abandoned and does not show any new easements at this time. As we discussed during the easement abandonment process, our desire is to dedicate easements for utilities after utility installations are complete and we collect as -built survey locations. We are in the process of finalizing the infrastructure design at this time, and we will accomplish dedications with either a revised final plat, or an easement plat. So, to meet the requirements of CLR Planning, I need your approvals for the plat as it is today, with the condition that the necessary easements will be dedicated at the time construction is completed. Please review at your earliest convenience and let me know if you have any questions. Thank you, Robert M. Brown PRINCIPAL Development Consultants Inc. Engineering - Landscape Architecture • Planning • Land Surveying 2200 North Rodney Parham, Suite 220 Little Rock, Arkansas 72212 Office 501.221.7880 Cell 501.804.7881 From: Floriani, Vince <VFloriani@littlerock.gov> Sent: Monday, March 25, 2019 4:15 PM To: Carney, Dana Cc: Robert Brown Subject: District at Midtown Plat Attachments: CCE03252019_0001.pdf Public Works is OK to approve the final plat. Thanks, Vince CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: THE DISTRCT AT MIDTOWN INSPECTOR REPORT I have made a final inspection of the improvements and find 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 ADDRESSING SPECIALIST_ REPORT Date: I have reviewed the plat and find that the street names and street configuration are acceptable. ---�-+• Addressing Specialist Date: 312,51191 1M-L G UNJ-1 tAA41.S`/ 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 prepared and sent. Approved engineering drawings for streetlight system have been received and approved. Applicant is responsible to furnish as -built drawings once streetlights have been installed. Traffic Engineer Date: CIVIL 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. As -built drainage plans in electronic form have been submitted. All other requirements for final plat approval have been satisfied. Civil Engineer I/II Date: SURVEYOR REPORT I have reviewed the plat and find that: All requirements for final plat approval have been satisfied. Surveyor MANAGER A PROVAL All Civil Engineering requirements for filing this final plat have been satisfied. Yam— --- Date: d2o Design Review Engineer/Civil Engineering Manager 312.�10� Effective: JAN 9. 2019 Date: 0 - `r ' `i 40 i I D 3-. A-0 City of Little Rock Planning and Development Filing Fees Date ego 3 , 20Y Annexation Board of Adjustment Cond Use Permitrf UP 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 r � Location Applicant C�� By