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HomeMy WebLinkAboutS-1875-B ApplicationIIIIII�IIIIII I��III II�III IINI II II I III 2023039007 PRESENTED: 07-27-202309:52:10AM RECORDED: 07-27-2023 10:06:38 AM In Official Records of Terri Hollingsworth Circuit/County Clerk PULASKI CO, AR FEE $25.00 THIS INSTRUMENT PREPARED BY: Robert M. Brown Development Consultants, Inc. 2200 N. Rodney Parham Road Little Rock, Arkansas 72212 (501) 221-7880 BILL OF ASSURANCE KIRKAND LITTLE ROCK ADDITION Whereas, Costco Wholesale Corporation, a Washington Corporation ("Grantor"), is the sole owner of the property in the City of Little Rock, Pulaski County, Arkansas and described as follows: PROPERTY DESCRIPTION Lot 3, Kirkland Little Rock Addition as shown by plat recorded in instrument 2021023650 in the Circuit Court Clerk's Office, Pulaski County, Arkansas. NOW, THEREFORE, WITNESSETH: That Grantor has caused said tract of land to be surveyed by Kenneth O. Beckwith of Development Consultants Inc., Registered Professional Engineers and Land Surveyors, and a plat thereof made which is identified by the title Kirkland Little Rock Addition and dated April 4, 2023 and by the signatures of the said engineer and surveyor and Grantor and bears a Certificate of Approval executed by the Little Rock Planning Commission, and is on record in the Office of the Circuit Clerk and ex-officio Recorder of Pulaski County, Arkansas, as Instrument No. (the "Plat"). Grantor does hereby make this Bill of Assurance to govern the land described in the Plat (the "Property"). Grantor does hereby certify that Grantor has replatted the Property in accordance with the Plat. Grantor does hereby certify that the Property shall be forever known as Lots 3A, 3B, and 3C, Kirkland Little Rock Addition; and every deed of conveyance for the Property shall use these designations. Page Two Grantor acknowledges and agrees that (i) no direct access to adjacent public streets is provided for except as shown in the current approved PCD Site Plan, (ii) at the time of conveyance of any lot shown on the Plat, access to adjacent public streets will be provided through internal cross access easements, and (iii) no further direct access to adjacent public roads except as shown in the current approved PCD Site Plan shall be permitted. This Bill of Assurance shall be a covenant running with the Property in perpetuity, subject to the following amendment and termination rights. 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 at least 60% of the land area within the Kirkland Little Rock Addition ("Majority Owners"). Grantor is mindful of the decision in Rausch Coleman Homes, LLC v. Brech, 2009 Ark. App. 225 (the "Decision") and does not wish for the Decision to limit the ability of the Majority Owners to amend this Bill of Assurance at any time and from time -to -time prior to the termination hereof as provided herein. Grantor intends that this Bill of Assurance may be amended or terminated at any time from the date hereof by the Majority Owners and expressly intend and agree that this Bill of Assurance may be amended prior to any expiration or termination date set forth herein, if any. All buildings constructed on the Property shall be constructed no nearer to the street than the building setbacks shown on the Plat, and all buildings shall be constructed in conformance with the Building Code and Zoning Ordinances of the City of Little Rock, Arkansas, including without limitation, any variances lawfully granted thereunder. The filing of this Bill of Assurance and Plat for record in the office of the Circuit Clerk and ex- officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of any street rights -of -way and easements as shown on the Plat. SIGNATURE PAGE FOLLOWS: WITNESS, Grantor does hereby set its hand this t Z day of 5%,-.0 Costco Wholesale Corporation, a Washington Corporation By: Name: IJC'v AQ Title: Sy 1 (4&,d-c ACKNOWLEDGEMENT STATE OF: (f V �li �►�(� ) } COUNTY OF: -►tln OS _ ) BE IT REMEMBERED that on this day came before me a Notary Public, duly commissioned, qualified and acting, with and for said County and State, appeared in person the within named -t>,y t 4 Ir] t,,(' , to me well known, who stated they were the P . of Costco Wholesale Corporation, a Washington Corporation, and was duly authorized in such capacity to execute the foregoing instrument for and in the name and on behalf of such entity, and further stated and acknowledged [s]he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. Notary ub c My Commission Expires-:+�,.►+`+C,ARaE�.,,�f� 00TARj, •� PUBLIC Moore, Monte From: Smith, Christopher J. Sent: Tuesday, June 13, 2023 2:44 PM To: 'Robert Brown' Cc: Moore, Monte; Michael Clark; Ken Beckwith; Harper, Vance Subject: RE: Kirkland Little Rock Addition - Replat of Lot 3 Robert, Vance has no comments on the plat. Proceed on obtaining final signatures from Mr. Moore for recording with Pulaski County. Thanks, Christopher Smith, P.E. Design Review Manager City of Little Rock Planning and Development —Engineering 723 West Markham Street Little Rock, AR 72201 Office: (501) 371-4817 Cell: (501) 414-1848 Fax: (501) 399-3435 https://www.Iittlerock.gov/ From: Robert Brown <robertb@dcius.pro> Sent: Friday, June 9, 2023 6:17 AM To: Harper, Vance <VHarper@little rock.gov> Cc: Moore, Monte <MMoore@littlerock.gov>; Smith, Christopher J. <csmith@littlerock.gov>; Michael Clark <mclark@winkelmann.com>; Ken Beckwith <kenb@dcius.pro> Subject: FW: Kirkland Little Rock Addition - Replat of Lot 3 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Vance: Any comments on this plat submittal? Robert M. Brown Development Consultants Inc. Office 501.221.7880 Cell 501.804.7881 From: Smith, Christopher J. Sent: Wednesday, June 7, 2023 1:55 PM To: Robert Brown ; Harper, Vance subd.doc 1 INFORMATION SHEET FOR SUBDIVISION, PUD's, PD's, ZONING OR SUBDIVISION SITE PLAN REVIEWS ITEM NO. DOCKET CLOSING: FILE NO NAME: Replat of Lot 3, Kirkland Little Rock Addition LOCATION: SW corner of Chenal Parkway and Kirk Road OWNER: Costco Wholesale Corporation, Attn: Bruce Coffey STREET ADDRESS: 999 Lake Drive CITY/STATE/ZIP: Issaquah, WA 98027 TELEPHONE NO.: 425-313-6549 ENGINEER: Development Consultants, Inc. STREET ADDRESS: 2200 North Rodney Parham Road, Suite 220 CITY/STATE/ZIP Little Rock, Arkansas 72212 TELEPHONE NO.: 501-221-7880 AREA: 4.51 Acres NUMBER OF LOTS: 3 FT. NEW STREET: None ZONING: PCD PROPOSED USES: Commercial PLANNING DISTRICT CENSUS TRACT VARIANCES REQUESTED' 2.) f , 3.) 4.) 01/17/19 subd.doc 2 01/17/19 AFFIDAVIT I, 671-c ( _ TO L on behalf of Costco Wholesale Corporation, a Washington Corporation, certify by my signature below that I hereby authorize Development Consultants, Inc. to act as my agent regarding the Preliminary and Final Platting of the of the property described below: Lot 3, Kirkland Little Rock Addition as shown by plat recorded in instrument 2021023650 in the Circuit Court Clerk's Office, Pulaski County, Arkansas. By: Costco Wholesale Corporation, a Washington Corporation, Signed: Date: Name: cla.I ti7 Title: V [ Subscribed and sworn to me a Notary Public on this 31 qr day of --Notary Pub My Commission Expires: . F 13 b j2b11::) CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: KIRKLAND ADDITION LOTS 3A, 3B AND 3C 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 Pate: ADWESSING SPECIALIST REPORT I have reviewed the plat and find 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, signa,ge 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/H SURVEYOR REPORT I have reviewed the plat and find that: All requ' emenis for final plat approval have been satisfied. Surveyor ZWz MANAGER AP ROVAL All Civil Engineering requirements for filing this final plat have been satisfied. Date: Design Review Engineer/Civil Engineering Manager Date: Date: Z ? Effective: June 6, 2023 THIS INSTRUMENT PREPARED BY. Robert M. Brown Development Consultants, Inc. 2200 N. Rodney Parham Road Little Rock, Arkansas 72212 (501)221-7880 BILL OF ASSURANCE KIRKAND LITTLE ROCK ADDITION Whereas, Costco Wholesale Corporation, a Washington Corporation ("Grantor"), is the sole owner of the property in the City of Little Rock, Pulaski County, Arkansas and described as follows: PROPERTY DESCRIPTION Lot 3, Kirkland Little Rock Addition as shown by plat recorded in instrument 2021023650 in the Circuit Court Clerk's Office, Pulaski County, Arkansas. NOW, THEREFORE, WITNESSETH: That Grantor has caused said tract of land to be surveyed by Kenneth O. Beckwith of Development Consultants Inc., Registered Professional Engineers and Land Surveyors, and a plat thereof made which is identified by the title Kirkland Little Rock Addition and dated April 4, 2023 and by the signatures of the said engineer and surveyor and Grantor and bears a Certificate of Approval executed by the Little Rock Planning Commission, and is on record in the Office of the Circuit Clerk and ex-officio Recorder of Pulaski County, Arkansas, as Instrument No. (the "Plat"). Grantor does hereby make this Bill of Assurance to govern the land described in the Plat (the "Property"). Grantor does hereby certify that Grantor has replatted the Property in accordance with the Plat. Grantor does hereby certify that the Property shall be forever known as Lots 3A, 3B, and 3C, Kirkland Little Rock Addition; and every deed of conveyance for the Property shall use these designations. Page Two Grantor acknowledges and agrees that (i) no direct access to adjacent public streets is provided for except as shown in the current approved PCD Site Plan, (ii) at the time of conveyance of any lot shown on the Plat, access to adjacent public streets will be provided through internal cross access easements, and (iii) no further direct access to adjacent public roads except as shown in the current approved PCD Site Plan shall be permitted. This Bill of Assurance shall be a covenant running with the Property in perpetuity, subject to the following amendment and termination rights. 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 at least 60% of the land area within the Kirkland Little Rock Addition ("Majority Owners"). Grantor is mindful of the decision in Rausch Coleman Homes, LLC v. Brech, 2009 Ark. App. 225 (the "Decision") and does not wish for the Decision to limit the ability of the Majority Owners to amend this Bill of Assurance at any time and from time -to -time prior to the termination hereof as provided herein. Grantor intends that this Bill of Assurance may be amended or terminated at any time from the date hereof by the Majority Owners and expressly intend and agree that this Bill of Assurance may be amended prior to any expiration or termination date set forth herein, if any. All buildings constructed on the Property shall be constructed no nearer to the street than the building setbacks shown on the Plat, and all buildings shall be constructed in conformance with the Building Code and Zoning Ordinances of the City of Little Rock, Arkansas, including without limitation, any variances lawfully granted thereunder. The filing of this Bill of Assurance and Plat for record in the office of the Circuit Clerk and ex- officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of any street rights -of -way and easements as shown on the Plat. SIGNATURE PAGE FOLLOWS: WITNESS, Grantor does hereby set its hand this < day of 202.3'3 Costco Wholesale Corporation, a W7,,j ton Corporation By: Name: Title: VF ACKNOWLEDGEMENT STATE OF: 1 � A COUNTY OF: L i M k BE IT REMEMBERED that on this day came before me a Notary Public, duly commissioned, q alifted and actii with and for said County and State, appeared in person the within named Ail ' 1 to me well known, who stated they were the of Costco Wholesale Corporation, a Washington Corporation, and was duly authorized in such capacity to execute the foregoing instrument for and in the name and on behalf of such entity, and further stated and acknowledged [s]he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. My Commission Expires: �I La, 4Notarybl 111, was T'A'P '#+,����ri s 40 22033817 1/'t `O + WASH ���.- 111 118111111111111 2021023649 PRES&ITED 04-07-7W1 1038.58 AM RECORDE0:04-07-2021 1047:28 AM In Official Records of Tern Hollingsworth Cl(CUNCounty Clerk " PIJLASKI CO, AR FEE $30,00 THIS INSTRUNIENT PREPARED BY: Robert M. Brown Development Consultants, Inc. ' 2200 N. Rodney Parham Road Little Rock, Arkansas 72212 %�,;' In l,IIl (501) 221-7880 ffflliilla+ BILL OF ASSURANCE KIRKAND LITTLE ROCK ADDITION Whereas, Costco Wholesale Corporation, a Washington Corporation (`'Grantor"), is the sole owner of the property in the City of Little Rock, Pulaski County, Arkansas and described as follows: PROPERTY DESCRIPTION The East 1/2 of tract 40, the South 300 feet of the West 1/2 of Tract 40, Unit 1 of Independence Farms, a subdivision in Pulaski County, Arkansas, and being shown on plat recorded in Book 220, Page 530, records of Pulaski County, Arkansas, and part of the Northwest 114 Northeast 1/4, all in Section 1, township I North, Range 14 West, Little Rock, Pulaski County, Arkansas, being more particularly described as follows: beginning at the southwest comer of the northwest 1/4 northeast 1/4 of said Section 1; thence north 03 degrees 27 minutes 41 seconds east, a distance of 400.92 feet to the southeast corner of said Tract 40; thence North 77 degrees 53 minutes 58 seconds West along the south line of said Tract 40 a distance of 209.66 feet to the southwest corner of said Tract 40; thence North 02 degrees 09 minutes 04 seconds East along the West line of said Tract 40, a distance of 300.39 feet to the northwest corner of the South 300 feet of the West 1/2 of said tract 40; thence South 77 degrees 54 minutes 51 seconds East along the North line of the South 300 feet of the West 1/2 of said tract 40, a distance of 105.34 feet to the northeast comer of the South 300 feet of the West 1/2 of said Tract 40; thence North 02 degrees 17 minutes 51 seconds East along the West line of the East 1/2 of said Tract 40, a distance of 301.51 feet to the southerly right of way line of Kanis Road; thence along said southerly right of way on a curve to the left having a radius of 847.50 feet; and arc length 85.83 feet and a chord that bears South 86 degrees 13 minutes 31 seconds East a distance of 85.79 feet; thence continue along said southerly right of way on a curve to the right having a radius of 25.00 feet, and arc length 12.36 feet and a chord that bears south 74 degrees 57 minutes 44 seconds East a distance of 12.24 feet; thence continue along said southerly right of way on a curve to the left having a radius of 30.00 feet, an arc length 15.78 feet and a chord that bears south 75 degrees 52 minutes 09 seconds east, a distance of 15.60 feet; thence continue along said southerly right of way on a curve to the left having a radius of 854.50 feet, an arc length 462.92 feet and a chord that bears north 73 degrees 32 minutes 23 seconds east, a distance of 457.28 feet; thence continue along said southerly right of way on a curve to the right having a radius of 78.00 feet, an arc length 97.63 feet and a chord that bears south 86 degrees 07 minutes 21 seconds east, a distance of 91.38 feet to the southerly right of way line of Chenal Parkway; thence along said southerly right of way on a curve to the left having a radius of 1040.05 feet, an arc length 692,52 feet and a chord that bears South 69 degrees 20 minutes 26 seconds East, a distance of 679.80 feet to the West right of way line of Kirk Road; thence along said West right of way line on a curve to the right having a radius of 79.50 feet, an are length of 126.04 feet and a chord that bears South 42 degrees 58 minutes 54 seconds East a distance of 113.25 feet; thence South 02 degrees 26 minutes 14 seconds West along said West right of way line a distance of 126.63 feet; thence continue along said west right of way on a curve to the left having a radius of 2062.50 feet, an arc length 151.11 feet a chord that bears South 00 degrees 20 minutes 18 seconds West, a distance of 151.07 feet; thence continue along said West right of way on a curve to the right having a radius of 2037.50 feet, an arc length 149.69 feet and a chord that bears South 00 degrees 20 minutes 39 seconds West, a distance of 149.66 feet; thence continue along said West right of way on a curve to the right having a radius of 1260.00 feet, an arc length 431.99 feet and a chord that bears South 12 degrees 14 minutes 40 seconds Nest a distance of 429.88 feet to the South line of said northwest 1/4 northeast 1/4, thence North 88 degrees 17 minutes 50 seconds West along the south line of said northwest t/4 northeast 1/4. a distance of 1203.59 feet to the point of beginning, containing 31.81 acres, more or less. NOW, THEREFORE, WITNESSETH: That Grantor has caused said tract of land to be surveyed by Kenneth O. Beckwith of Development Consultants Inc., Registered Professional Engineers and Land Surveyors, and a plat thereof made which is identified by the title Kirkland Little Rock Addition and dated February 9, 2021 and by the signatures of the said engineer and surveyor and Grantor and bears a Certificate of Approval executed by the Little Rock Planning Commission, and is on record in the Office of the Circuit Clerk and ex-otficio Recorder of Pulaski County, Arkansas, as Instrument No. � r] 6�� d (the "Plat"). Grantor does hereby make this Bill of Assurance to govern the land described in the Plat (the "Property"). Grantor does hereby certify that Grantor has replatted the Property in accordance with the Plat. Grantor does hereby certify that the Property shall be forever known as designated on the Plat; and every deed of conveyance for the Property shall use this designation. Grantor acknowledges and agrees that (i) no direct access to adjacent public streets is provided for except as shown in the current approved PCD Site Plan, (ii) at the time of conveyance of any lot shown on the Plat, access to adjacent public streets will be provided through internal cross access easements, and (iii) no further direct access to adjacent public roads except as shown in the current approved PCD Site Plan shall be perm-itted. This Bill of Assurance shall be a covenant running with the Property in perpetuity, subject to the following amendment and termination rights. 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 at least 60% of the land area within the Property ("Majority Owners"). Grantor is mindful of the decision in Rausch Coleman Homes, LLC v. Brech, 2009 Ark. App. 225 (the "Decision") and does not wish for the Decision to limit the ability of the Majority Owners to amend this Bill of Assurance at any time and from time -to -time prior to the termination hereof as provided herein. Grantor intends that this Bill of Assurance may be amended or terminated at any time from the date hereof by the Majority Owners and expressly intend and agree that this Bill of Assurance may be amended prior to any expiration or termination date set forth herein, if any. All buildings constructed on the Property shall be constructed no nearer to the street than the building line shown on the Plat, and all buildings shall be constructed in conformance with the Building Code and Zoning Ordinances of the City of Little Rock, Arkansas, including without limitation, any variances lawfully granted thereunder. The filing of this Bill of Assurance and plat for record in the office of the Circuit Clerk and ex- officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of the streets and easements shown on the Plat. With the filing of this Bill of Assurance and the Plat in the office of Circuit Clerk and ex-officio Recorder of Pulaski County, Arkansas, the utility easements on the Plat, if any, are dedicated as shown on the Plat. SIGNATURE PAGE FOLLOWS: WITNESS, Grantor does hereby set its hand this A day of �i.�€rI�.QNUti 2021. Costco Wholesale Corporation, Q(�a Washingt Corporation By: - Na e: AYE Ti . SV� ACKNOWLEDGEMENT STATE OF: _JA _ } } COUNTY OF: ) BE IT REMEMBERED that on this day came before me a Notary Public, duly commissioned, qualified and acting, with and for said County and State, appeared in person the within named oa to me well known, who stated they were the 1 of Costco Wholesale Corporation, a Washington Corporation, and was duly authorized in such capacity to execute the foregoing instrument for and in the name and on behalf of such entity, and further stated and acknowledged [s]he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. My Commission Expires: �, 1 slflf-x�- Rnll�� Notary Public PAW"on1Y tar k&d W of rtfnlrnum s€a rds tsquW by tM Q1Y 01 U'da Fka subdvrusan s4160M OR of AS%Mf%Ca pspvi5int~ �pi�t?�i 1�d by 11w davetW maY nxMW sn n m► n :Mu4MhU of . Loa l �} and x�ss. Ctty lJd9v 1� w1 ssion LOT ara la LOT 3A � c F —1.53 a AUES / � 1• i aWl�pua0 SUBAQS warao ar_cvw-tx.nsac.azaroaoa•na nca �+e �• aswscar�.r ravxaan; ♦rrsca arxcrr c�rnnt zicti ocrwr�n a-r�wma acec�m.rc.ca��x,<�o omxrRv� �a _•ma, a¢ccc^tn n �e sLccws v nit wrwv� RSryf�tNtUTQLn Ui.B gNL`n KL_`C�Mr+K� 1lCConrV'1 S.R.LN� lRy�- �Ra�.Y.l •..Y v.r ea s'suao" w M1811 O Y 33"50m' 1Y 257T CyFy9G OFS r*t,.�r •, �� a z ck= a rx� .. •tip rn�e�ea.:..cxs,<eann... v... rw.,. ca,n N,>z,a M� t L n'Cvna w.n�rarn t• a �-vx b. annPD9 n �cY+a.. '�, n rvm vc� hxr..tf!rra W q.i+.�s x+x •e4u^xGrexi� . S...n..w hAry vNo.�sv�1�T•1�1N tY•.m•ma�n• FINAL PLAT OF LOTS 3A, 3B and 3C, KIRKL� CITY OF LITTLE ROCK, PULASKI C 17 cS?� �-f9.91+Tr .,..+ter a.-n.-:.. a....,..m.:... n CENtJYP1E o, S�mY.x.: r{::P:Lr R-��c;ri:r !i;ti�iS a...u: vn. rYw.1+N1Y•r w^ r. N F l�.a abu S.of.vr.+ exal a•+a+•9 i.o,.e.nn NF Lcb IM. IfegHl.na luxe Yw. ar,ac�.¢, _n'leaw tee. aW M^T�+'..•c la•� a :Ml � s.l� LGa. in.r.La�s,.L ID LITTLE ROCK ADDITION, UNTY, ARKANSAS Lu fs. I