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Home My WebLink AboutS-0867-EEEEEE Application2805091850 10/31/2005 02:33:13 PM Filed 6 Recorded in t`Z Official Records of PAT OIBRIEN PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $35.00 CORRECTED SUPPLEMENT TO BILL OF ASSURANCE This Corrected Supplement to Bill of Assurance executed this 17`" day of October, 2005, is made by Deltic Timber Corporation (the "Developer" or the "Declarant") as hereinafter set forth: WHEREAS, Developer caused to be filed in the office of the Circuit Clerk and Ex- Officio Recorder of Pulaski County, Arkansas, that certain Bill of Assurance to Chenal Valley, an addition to the City of Little Rock, Arkansas, on January 13, 2005, Instrument No. 2005004753, creating the Epemay Place Neighborhood (the "Original Bill of Assurance"); �. WHEREAS, paragraph 1 of the Original Bill of Assurance specifically provides that the Developer has the right to bring within the plan and the Original Bill of Assurance additional properties provided such properties are in accord with the general plan of development; and WHEREAS, Developer files this Corrected Supplement to Bill of Assurance for the purpose of correcting an error in a legal description and adding additional property to the Epernay Place Neighborhood, which property is owned by the Developer and is described as CIR N �_• �-= �� FART OF THE W1/2 OF SECTION 16 AND PART OF THE E1/2 OF Q r ; SECTION 17, T-2-N, R-14-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS: BEGINNING AT THE NORTHWEST CORNER OF THE SE1/4 NEIA, SAID .,��►'' SECTION 17; THENCE S87°54'28"E ALONG THE NORTH LINE OF SAID SE1/4 NEl/4, 1320.89 FT. TO THE NORTHEAST CORNER THEREOF, SAID CORNER LYING ON THE WEST LINE OF LOT 23, BLOCK 72, CHENAL VALLEY, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE SOUTHEASTERLY ALONG THE WEST LINE OF LOTS 23 THROUGH 34, SAID BLOCK 72, THE FOLLOWING: (1) S36°05'37"E, 98.90 FT.; (2) S20°42'26"E, 236.13 FT.; (3) S13°59'47"E, 446.18 FT.; (4) S10°34'11"E, 76.44 FT. AND (5) S45°10'11"E, 99.17 FT. TO THE SOUTHERNMOST CORNER OF SAID LOT 34, BLOCK 72; THENCE S43053'28"W ALONG THE NORTH RIGHT-OF-WAY LINE OF EPERNAY PLACE, 39.70 FT. TO A POINT ON THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 4, BLOCK 78, SAID CHENAL VALLEY; THENCE S46006'53"E ALONG SAID WEST LINE, 174.10 FT. TO THE SOUTHERNMOST CORNER OF SAID LOT 4, SAID CORNER LYING ON THE NORTH LINE OF LOT 10, SAID BLOCK 78; THENCE S40'02'55"W ALONG SAID NORTH LINE, 54.31 FT. TO THE NORTHWEST CORNER OF SAID LOT 10; THENCE S51°36'5VE ALONG THE WEST LINE OF SAID LOT 10, 123.72 FT. TO THE SOUTHERNMOST CORNER THEREOF; THENCE S37'45'34"W ALONG THE NORTH RIGHT-OF-WAY LINE OF EPERNAY LOOP, 17.63 FT. TO A POINT ON THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 58, BLOCK 71, SAID CHENAL VALLEY; THENCE S52'40'23"E ALONG SAID WEST LINE, 181.55 FT. TO THE SOUTHERNMOST CORNER OF SAID LOT 58; THENCE S37°33'01"W, 116.80 FT.; THENCE S69'49'46"W, 82.05 FT.; THENCE S87'59'21"W, 222.56 FT.; THENCEN73'49'47"W, 79.68 FT.; THENCE N68°42' 12"W,111.32 FT.; THENCE S83°59'21"W, 20.06 FT.; THENCE N82'19'35"W, 208.19 FT.; THENCE N68°14'55"W, 272.47 FT.; THENCE N76'34'50"W, 295.02 FT.; THENCE N61'55'16"W, 266.81 FT.; THENCE N74°10'09"W, 78.82 FT.; THENCE -,.N88'34'38"W, 50.00 FT.; THENCE NOI'25'22"E, 8.22 FT.; THENCE N88°34'38"W, 125.00 FT.; THENCE NO1'25'22"E, 309.58 FT.; THENCE N21°05'07"W, 195.30 FT.; THENCE NOI'49'52"W, 104.08 FT.; THENCE N00°18'27"W, 104.06 FT.; THENCE S89'41'33"W, 76.15 FT. TO A POINT ON THE WEST LINE OF SAID SE1/4 NE1/4, SECTION 17; THENCE N00° 18'27"W ALONG SAID WEST LINE, 330.55 FT. TO THE POINT OF BEGINNING, CONTAINING 42.0248 ACRES MORE OR LESS, as shown on the plat hereinafter mentioned, as Lots 33-53, Block 71, Lots 35-69, Block 72, Lots 5-9, Block 78, Lots 1-24, Block 80, Lots 1-18, Block 81, Lots 1-19, Block 82, Tract C, Block 71 and Tract B, Block 72, Chenal Valley, an Addition to the City of Little Rock, Arkansas (which property together with the property described in the Original Bill of Assurance, as amended, is hereinafter referred to as the "Epemay Place Neighborhood"); and Developer has caused to be incorporated the Epemay Place Property Owners Association, Inc., for the purpose of administering the maintenance of the common area and amenities in the Epemay Place Neighborhood and Chenal Valley Property Owners Association, Inc. for the purpose of administering the maintenance of the common areas and amenities of Chenal Valley; WHEREAS, all owners of lots within the Epernay Place Neighborhood are members of Epemay Place Property Owners Association, Inc. as provided for in the Original Bill of Assurance, and are members of Chenal Valley Property Owners Association, Inc. as provided for in the Covenants and Restrictions filed November 22, 1989, in the Office of the Circuit Clerk of Pulaski County, Arkansas, as Instrument No. 89-61706, as amended (the "Covenants and Restrictions"); and WHEREAS, it is deemed advisable that all of the property shown on the plat hereinafter mentioned be subdivided into building lots, tracts and streets as shown on the plat filed herein, and that said property be held, owned and conveyed subject to the protective covenants contained in the Original Bill of Assurance and Covenants and Restrictions, in order to enhance the value of the Epemay Place Neighborhood. \\Pp I \sys2\IiOM E\PATP\DE LTIC\EpemayP[-Supp-BOA wpd 2 Now, THEREFORE, Developer 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 Patil M. White, Registered Land Surveyor, dated ,1j ,k z pp,- , and bearing a Certificate of Approval executed by the Departinent of Coni eliensive Planning of the City of Little Rock, and showing the boundaries and dimensions of the property now being subdivided into lots, tracts and streets (the "Plat"). Developer hereby donates and dedicates to the public an easement of way on and over the streets on said plat to be used as public streets. In addition to the said streets, there are shown on said plat certain easements for drainage and/or utilities which Developer hereby donates and dedicates to and for the use of public utilities, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, water, sewer and cable television with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities to use such easements, and to have free ingress to and egress therefrom for the installation, maintenance, repair and replacement of suer utility services. LOTS 36, 37, 64 AND 65, BLOCK 72 AND LOTS 12 AND 23, BLOCK 80, HAVE A 15.0 FT. UTILITY/DRAINAGE EASEMENT ACROSS THE FRONT ADJACENT TO THE STREET. ALL OTHER LOTS EXCEPT LOT 55, BLOCK 72, HAVE A 10 FT. UTILITY/DRAINAGE EASEMENT ACROSS THE FRONT ADJACENT TO THE STREET. Pursuant to Paragraph 1 of the Original Bill of Assurance this Supplement to the Bill of Assurance may contain modifications to the Original Bill of Assurance necessary to reflect the different character of the real property being added to the Original Bill of Assurance. The interior lot sideline setbacks for the lots described in this Supplement to the Bill of Assurance are as follows: NO BUILDING SHALL BE LOCATED NEAR TO AN INTERIOR LOT SIDELINE THAN A DISTANCE OF TEN PERCENT (10%) OF THE AVERAGE WIDTH OF THE LOT, PROVIDED HOWEVER, NOTWITHSTANDING THE ABOVE, THE INTERIOR SETBACK LINE MAY NEVER BE REQUIRED TO BE IN EXCESS OF EIGHT (8) FEET. ALL OTHER SETBACK REQUIREMENTS ARE IN ACCORDANCE WITH THE ORIGINAL BILL OF ASSURANCE. The areas designated on the Plat as Tract C, Block 71 and Tract B, Block 72, Chenal Valley, an addition to the City of Little Rock, Arkansas, are hereby donated and dedicated by Deltic to the owners, as they may exist from time to time, of lots within the Epernay Place Neighborhood with the right to use the Tracts as easements for drainage and/or utilities and for buffer, park and aesthetic purposes. The Epernay Place Property Owners Association, Inc. shall maintain such areas and improvements at its sole cost. Additionally, Deltic hereby grants to the public utilities, after receiving written consent from Deltic and Epernay Place Property Owners Association, Inc., the right to use portions of these areas specifically designated by Deltic and the Epernay Place Property Owners Association, Inc., for utility and drainage easements provided such improvements are maintained by said public utilities. No improvements shall be placed on the areas designated as Tract C, Block 71 Up I \sysMOM E\PATP\DELTIC\EpemayP I-Supp-BOA.wpd 3 and Tract B, Block 72, other than improvements for those designated purposes unless first approved by the appropriate agencies of the City of Little Rock, Epernay Place Property Owners Association, Inc. and the Architectural Control Committee established pursuant to the Covenants and Restrictions and By -Laws of Chenal Valley Property Owners Association, Inc. (the "Architectural Control Committee"). The filing of this Supplement to 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 subject to the limitations herein set out. The lands embraced in the plat shall be forever known as Lots Lots 33-53, Block 71, Lots 35-69, Block 72, Lots 5-9, Block 78, Lots 1-24, Block 80, Lots 1-18, Block 81, Lots 1-19, Block 82, Tract C, Block 71 and Tract B, Block 72, Chenal Valley, an Addition to the City of Little Rock, Arkansas, and any and every deed of conveyance of any lot in the Epernay Place Neighborhood, descri.jng the same by the number shown on said plat shall always be deemed a sufficient description thereof. Said lands herein platted and any interest therein are hereby added to and made a part of the Epernay Place Neighborhood and shall, on and after the date hereof, be subject to all of those certain terms, covenants and restrictions contained in the Covenants and Restrictions and the Original Bill of Assurance filed January 13, 2005, as Instrument No. 2005004753 and all supplements and amendments thereto, all of which are incorporated herein by reference and made a part hereof and Deltic Timber Purchasers, Inc. executes this Supplement to Bill of Assurance for the purpose set forth in paragraph 27 of the Original Bill of Assurance. EXECUTED this day of �� `�� , 2005. DELTIC TIMBER CORPORATION BY: �e C . Ray Dillon, President Attest: W. "ayless Row, , Secretary Up 1 \sysMOM E\PATP\DELTIC\EpernayPl-Supp-BOA. ,I)d 4 ryna;1,•r #n o IlGViBL �it�r CI+' in t :i .�ii:1a'': la:C.T'. i'; :Sti•'. l M reauir�:; by � � r•;-: CCU '� C3:: }'!•yh�� r C;'h� Li ie RPlra7ninr commission ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF UNION On this day before me, a Notary Public, duly commissioned, qualified and acting within and for said county and state, appeared the within named Ray C. Dillon and W. Bayless Rowe, to me well known, who stated that they were the President and Secretary, respectively, of DELTIC TIMBER CORPORATION and were designated and duly authorized in their respective capacities by said DELTIC TIMBER CORPORATION to execute the above instrument for and in the name and behalf of said DELTIC TIMBER CORPORATION and further acknowledged that they had so signed, executed, and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, 2005. L RY SEAL" Notary PublicState of Arkansas n Expires 3101112 My Commission Expires: \\Fp I \sys2\HOME\PATP\DELTIC\EpemayP[-Supp-DOA. wpd I have hereunto set my hand and seal this ��day of Notary Public •�sn�'• STATE OF ARKANSAS COUNTY OF UNION DELTIC TIMBER PURCHASERS, INC. B : ' - �� Y Ray C. dillon, President ACKNOWLEDGMENT On this day before me, a Notary Public, duly commissioned, qualified and acting within and for said county and state, appeared the within named Ray C. Dillon and W. Bayless Rowe, to me well known, who stated that they were the President and Secretary, respectively, of DELTIC TIMBER PURCHASERS, INC. and were designated and duly authorized in their respective capacities by said DELTIC TIMBER PURCHASERS, INC. to execute the above instrument for and in the name and behalf of said DELTIC TIMBER PURCHASERS, INC., and further acknowledged that they 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 seal this ZZday of 2005. "NOTARY SEAL' Lana Cobb, Notary Public Union County, State of Arkansas ray Commission Expires 3/01/12 My commission expires: Up 1 \sysZHOM E\PATP\DELT10EpemayP1-Supp-B0A wpd 6 NOTARY PUBLIC CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME:CHENAL VALLEY L-33-53-B-71,L-35-69-B-72,L-5-9-B-78,L-1-24-B-80,L-1- 18-B-81,L 1-19-B-82,T-C-B-71,T-B-B-72 (EPERNAY PLACE) 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 Date:z o s. ADDRESSING SPECIALIST'S REPORT I have reviewed the plat and find that the street names and street configuration are acceptable. Addressing Specialist Date: 6P,'1ti,VAy bj?I E UeJ TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: �r V ulipr d e-s ; /e-firer f o C v �� " ��, y.,� p,.r ,vd All streetlight installation, stripping, signage and other traffic improvem is have een nstructe are zn conformance with City requirements/standards. Work orders have been prepared for signage. Indicate the number of street signs ordered for this plat for billing to developer: _ Certain improvements Tema' uncompleted and a punch list has been prepared and sent. 1 ��j��0 ✓ Traffic Engineer i7ate:._ CIVIL ENGINEER REPORT I have reviewed the file for this matter and find that: IV/ 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. ��A oth r quirements a! plat approval have been satisfied. ,�J s y _ , Civil Engineer I/II Date: J / ZF - v 5 SURVEYOR'S REPORT I have reviewed the plat and find that: All requiremen al plat approval have been satisfied. Surveyor Date: d MANAGER APPROVAL July 2005 �� City of Little Rock Planning and Development Filing Fees Date: Annexation Board of Adjustment Cond. Use Permit/T.U.P Final Plat Planned Unit Dev. Preliminary Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Numberat ea. Public Hearing Signs Number at ea. Total File No. Location 0.,�► -^ a Appli pt By