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Home My WebLink AboutS-1914 ApplicationCity of Little Rock Planning and Development Filing Fees Date'i 20 Annexation $ Board of Adjustment $ Cond Use Permitrf UP $ Final Plat $ Planned Unit Dev $ Preliminary Plat $ Special Use Permit - Rezoning Site Plans FEB 0 4 �A1a Street Name Change CITY OF LITTLX ROCK BUILDING CODE Street Name Signs Number at ea $ Public Hearing Signs Number at ea $ Total $ 1, 6 . 0-0 File No Location S� Atmlicant -:Fi�S I HEREBY CERTIFY THAT THIS IS A TRITE AND CORRECT COPY Of THE ORIGINAL. GwIlY WWANY This Document Prepared by: Andrew V. Francis Andrew V. Francis, P.A. 2311 Biscayne Drive, Suite 205 Little Rock, AR 72227 1�111I��Il1i111p1�lll�� 11 2021011816 PRESENTED: 02-26-20210836:02AM RECORDED: 02-25-202108:46:48AM In Official Records of Terri Hollingsworth Circuit/County Clerk PULASKI CO, AR FEE $50.00 AC�4 7Z�?li a�7 BILL OF ASSURANCE FOR RE -PLAT OF O. JACK HARTSELL III INC. SUBDIVISION, PULASKI COUNTY, ARKANSAS r This Bill of Assurance made this 14' day of January, 2021, by Billy Randall Machen, Trustee of the Billy Randall Machen Living Trust, u/a/d October 5, 2004, and O. Jack Hartsell III Inc., an Arkansas corporation (hereinafter collectively referred to as the "Declarants"). WHEREAS, Declarants are the owners of the lands more particularly described on Exhibit "A" (the "Property"), attached hereto and by this reference incorporated herein word for word, all of which said property lies in the County of Pulaski, State of Arkansas, and it is deemed desirable that said property be now replatted into two lots as shown on the attached plat, and that said property be held, owned and conveyed subject to the covenants herein contained; WHEREAS, the Property was previously platted as the O. Jack Hartsell III Inc Subdivision by that plat dated April 20, 2020, and filed of record on June 11, 2020, as Instrument No. 2020036058; WHEREAS the Declarants are replatting the Property to adjust the lot lines between lots and 2 and for other purposes. NOW THEREFORE, the Declarants, for and in consideration of the benefits to accrue to it, which benefits it acknowledges to be of value, has caused to be made a replat, hereto attached, showing surveys made December 28, 2020, signed by the surveyor, E. S. "Stan" Cunningham, Cunningham Surveying, LLC, and said Declarants, and bearing certificates of approval executed by the Little Rock Planning Commission and the Pulaski County Planning Board, and recorded the Z�S day of ,Q 2021, as Instrument .No. dZ9Y_V& 1 of the records of the Recorde of Pulaski County, Arkansas, said replat being fully in arporated herein by reference (as now or hereafter amended, the "Plat") and showing the bounds and dimensions of the property now being subdivided into lots; and said Declarants hereby donates and dedicates to the public hereafter the easements as shown on said Plat. Said land herein platted and any interest therein shall be held, owned and conveyed subject to and in conformity with the following covenants which, subject to being amended or cancelled as hereinafter provided, and shall be and remain in full force and effect for a period of fifty (50) years from the date of recordation hereof, and shall automatically renew for successive ten (10) year periods unless revoked or amended in accordance with the paragraph on Amendments, below, to -wit: BILL OF ASSURANCE PAGE I RE -PLAT OF O. JACK HARTSELL III INC. SUBDIVISION PULASKI COUNTY, ARKANSAS I - 1. Recitals. The foregoing recitals are hereby expressly incorporated in this Bill of Assurance by this reference as covenants of this Bill of Assurance. 2. Land Use aiid Buiidiiig "I'ype. Said platted lots may be used for any purposes permitted by the City of Little Rock. 3. Dedication of Easements. The filing of this Plat and Bill of Assurance for record in the office of the Circuit Clerk of Pulaski County, Arkansas, will be a valid and complete delivery and dedication to the public of Road Easement shown as Lot 3R and of the Easements as shown on the Plat. 4. Name of Addition. All of the lands embraced in said plat are sometimes referred to herein as the "Addition" and shall be forever known as " Lots 1R, 2R and 3R, Replat of O. Jack Hartsell III Inc. Subdivision" and any and every deed of conveyance for any lot in said Addition describing the same by the number or numbers shown on said plat with respect to such Addition, shall always be deemed a sufficient description thereof. 5. Subdivision of Lots. No lot shall be subdivided except in accordance with the laws, ordinances, and regulations of Pulaski County, Arkansas. 6. Easements. The easements shown on the Plat shall be used for the installation, construction, operation, and maintenance of underground storm drainage and related above -ground facilities, including but not limited to lines, pipes, intakes, culverts, and boxes, and the necessary or proper attachments in connection with the transmission of storm water and drainage ("Easements"). Said Easements shall also be subject to use by the owners of both lots on the Plat for the sole purpose of installing and maintaining such utilities as may be necessary to serve the lots on the Plat 7. Improvements in Easements. No trees, structures, buildings, or similar improvements, shall be grown, built or maintained within the area of Easement on the Plat or referenced in this Bill of Assurance. Without limiting the foregoing, fences may be installed on, over, or under the Easements reserved on any lot as shown on the Plat. No excavations within the area of any Easements shown on the Plat for any purposes shall be made which would interfere with the operation, installation, maintenance, repair and replacement of the Easement or any utilities therein. In the event trees, structures, buildings, fences, pavement or similar improvements shall be grown, built or maintained within the area of any Easement, neither the Declarants nor any utility will be liable for the destruction of same in the installment, maintenance, repair or replacement of any utility service located within the area of such Easement. The lot owner may use the surface of the Easement for any use not inconsistent with this Easement, including but not limited to the installation of fences and driveways. 8. Addition Lines and Boundaries. Iron pins have been set on all lot corners. In the event of minor discrepancies between the dimensions or distances as shown on the Plat and the BILL OF ASSURANCE PAGE RE -PLAT OF O. JACK HARTSELL III INC. SUBDIVISION PULASKI COUNTY, ARKANSAS actual dimensions or distances as disclosed by the established pins, the pins as set shall control. 9. Chickens. The Declarants agree that the owner of Lot 2R may keep chickens (but not roosters) on Lot 2R, provided that any chicken coops shall be at least Nineteen (19) feet away from the west property line of Lot 1 R. 10. Septic Easement. By execution of this Bill of Assurance, the owner of Lot 1R hereby releases any and all right, title, and interest in and to the Septic System Easement — Lot #1 shown on the original Plat. As part of the replatting of Lots 1 and 2, Lot 1 has been increased in size so that all of the septic system serving Lot 1R shall be located within the boundaries of Lot 1 R, including any field lines and alternate field lines site. The owner of Lot 1 R shall not have any right to maintain any part of the septic system serving Lot 1 R on Lot 2R. 11. Enforcement Rights. In the event of any violation or attempt to violate any of the covenants or restrictions herein before the expiration date hereof (whether the original expiration date or the expiration date of any extension thereof), it shall be lawful for any person or persons owning any lots in this Addition to prosecute any proceedings at law or in equity against a person or persons violating or attempting to violate such covenants or restrictions, either to prevent him or them from so doing or to recover damages for such violations. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 12. Amendments. Any and all of the covenants, provisions or restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed or cancelled, in whole or in part, by a written instrument signed and acknowledged by the owner or owners of all (100%) of the Lots in this Addition and the provisions of such instrument so executed shall be binding from and after the date it is duly filed for record in Garland County, Arkansas. The covenants, restrictions and provisions of this instrument shall be deemed covenants running with the land and shall remain in full force and effect unless and until amended or canceled as authorized hereinbefore. 13. Severability. Invalidation of any restriction set forth herein, or any part thereof, by an order, judgment or decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions, or any part thereof as set forth herein, but they shall remain in full force and effect. [SIGNATURES APPEAR ON THE FOLLOWING PAGES] [THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK] BILL OF ASSURANCE PAGE 3 RE -PLAT OF O. JACK HARTSELL III INC. SUBDIVISION PULASKI COUNTY, ARKANSAS Executed effective on the date first set forth above. DECLARANTS O. JACK HARTSLLL III INC. an Arkansas corporation I J O. Jack'Hartsell III, President BILL OF ASSURANCE PAGE RE -PLAT OF O. JACK HARTSELL III INC. SUBDIVISION PULASKI COUNTY, ARKANSAS ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI . AINSWA Y On this�j day of may, 2021, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named O. JACK HARTSELL III, PRESIDENT of O. JACK HARTSELL III INC., an Arkansas corporation, to me personally well known or satisfactorily proven to be such person, who stated that he was the PRESIDENT of O. JACK HARTSELL III INC., an Arkansas corporation, and was duly authorized in his respective capacity to execute the foregoing instrument for and in the name and behalf of said corporation 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. f i rr Notary Public in and for the State of Arkansas Printed Name r My Commission Expires: oIaovi'i co 9-22-2027V.• 7� NO. 12702192•: * pU ASK4 .° ' COIINTY,•'NZ� rf"''r !s►C►s►►►►%►11 BILL OF ASSURANCE PAGE 5 RE -PLAT OF O. JACK HARTSELL III INC. SUBDIVISION PULASKI COUNTY, ARKANSAS Executed effective on the date first set forth above. DECLARANT: THE BILLY RANDALL MACHEN LIVING TRUST u/a/d October 5, 2004 By: d //� �L ) � i ! Billy kandall Machen, Trustee BILL OF ASSURANCE PAGE 6 RE -PLAT OF O. JACK HARTSELL III INC. SUBDIVISION PULASKI COUNTY, ARKANSAS ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI fatL�.rv- �Y On this ch' day of January, 2021, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named Billy Randall Machen, to me personally well known or satisfactorily proven to be such person, who stated that he was the TRUSTEE of the BILLY RANDALL MACHEN LIVING TRUST u/a/d OCTOBER 5, 2004, a trust, and was duly authorized in his respective capacity to execute the foregoing instrument for and in the name and behalf of said trust, 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 day of January, 2021. Notary Public in and for the State of Arkansas �aav,'o2° �• U'��,yva.: � Printed Name My Commission Expires: Fbvwmd only for inclusion of mitrrnxn sta &y& Mquked by dw City of litho Rock subdivision roViaiiorts, 6111 of Assurance provisinrz a",I rbod by dt dsvefo�er may axcaed ri,�::r�u;r �avw;afiarrs of ihn tai3fe F%dc suixfivision and x irtancas. 2- �� I tftyaf cmft Rack P1 nim Commission BILL OF ASSURANCE G[lA!!M O Exp'Lfi'�'• -1to PULAS .1 %0 PAGE 7 RE -PLAT OF O. JACK HARTSELL III INC. SUBDIVISION PULASKI COUNTY, ARKANSAS F.XHIRIT A Lots 1 and 2, O. Jack Hartsell III Inc Subdivision by that plat dated April 20, 2020, and filed of record on June 11, 2020, as Instrument No. 202003 605 8. BILL OF ASSURANCE PAGE 8 RE -PLAT OF O. JACK HARTSELL III INC. SUBDIVISION PULASKI COUNTY, ARKANSAS Moore, Monte From: Floriani, Vince Sent: Thursday, January 14, 2021 8:19 AM To: Moore, Monte Subject: FW: Replat Revise Vince Floriani, P.E. Design Review Engineer Little Rock Public Works -Civil Engineering 723 W. Markham St. Little Rock, AR 72201 501-371-4817 vfloriani@littlerock.gov From: Floriani, Vince Sent: Tuesday, January 12, 2021 2:17 PM To: Moore, Monte <M Moore@ littlerock.gov> Subject: RE: Replat Revise Monte, The plat looks good except the minimum finished floor elevation is required to be shown on all lots within the floodplain as found on this plat. Vince Floriani, P.E. Design Review Engineer Little Rock Public Works -Civil Engineering 723 W. Markham St. Little Rock, AR 72201 501-371-4817 vfloriani@littlerock.gov From: Moore, Monte <MMoore @littlerock.9oy> Sent: Monday, January 11, 20217:17 AM To: Floriani, Vince <VFloriani litVerock. ov> Subject: FW: Replat Revise Importance: High Are you ok with this replat? From: Baehr, Laurie <Ibaehr@littlerock.gov> Sent: Friday, January 8, 2021 12:18 PM To:'jack hartsell' <iackhartsell_3_@gmail.com> Cc: Moore, Monte <MMoore@littlerock.gov> Subject: FW: Replat Revise Importance: High Mr. Hartsell - Monte Moore who is our Planning Development Administrator will be able to assist you. I've copied Monte on this email and will forward your other documents to him so he will be ready for your call (371-4792) or via email at mmoore@littlerock.Qov. Thank you for your patience and again, I'm so sorry that this got caught up in the holidays. Laurie Baehr Assistant to City Manager Bruce Moore (501) 371-4803 - direct line From: jack hartsell [mailtojackhartselO mail.comj Sent: Friday, January 8, 2021 10:18 AM To: Baehr, Laurie <Ibaehr@littlerock.gov> Subject: Fwd: Replat Revise This is the final in finished replat. It now is endorsed with the correct names that the property will be under as well as the size of the two properties and this is something that we need to get certified as soon as possible thank you Sent from my iPhone Begin forwarded message: From: Stan Cunningham <scunn1375@aol.com> Date: January 8, 2021 at 8:52:45 AM CST To: lackhartseli3@mail_com, jackhartsell3 mail.com Cc: avfpa@sbcPlobal.net, brmdentL@gmail.com Subject: Replat Revise Here is a revised copy of the suggested corrections Tha*ik,yotv, Cuwv�.%wghGiw�..S�Yv'C!�%w�, l_LC 2105 Lorance Dr. Little Rock, AR 72206 Email: Scunn1375(c-baol.com O: 501-888-2535 M: 501-993-1589 CIVIL ENGINEERING DIVISION •°� 1 FINAL PLAT FILING APPROVALS FINAL PLAT NAME: 0. JACK HARTSELL III INC, SUBDIVISION 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 Date:. _ ADDRESSING SPECIALIST REPORI: 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, 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 fiunish as -built drawings once streetlights have been installed. Traffic Engineer l.)atc:_ 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 SURVEYOR REPORT I have reviewed the plat and find that: All requirements for final plat approval have been satisfied. 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