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HomeMy WebLinkAboutS-0876-BBBBBBBBBB ApplicationThis Instrument Prepared by: Price C. Gardner FRiDAY, ELDREDGE & CLARKLLP 400 West Capitol Avenue, Suite 20& Little Rock, Arkansas 72201 PRESENTED: 06-29-2023 11:43:00 AM 2023033617 RECORDED: 06-29-2023 11:51:00 AM In Official Records of Terri Hollingsworth Circuit/County Clerk PULASKI CO, AR FEE $80.00 .��''I LL �d SGA!�fffrw PL A T BILL OF ASSURANCE LOT 1RA AND 1RB CHENAL VALLEY PHASE 2 COMMERCIAL ADDITION THIS BILL OF ASSURANCE (this "Bill of Assurance") is made as of the 2-04 day of 9, e- 2023, by HIGHWAY 10 CORNER, LLC, an Arkansas limited liability company (hereinafter referred to as the "Grantor"). RECITALS WHEREAS, the Grantor has caused the lands described on Exhibit A-1 attached hereto (the "Lot 1 R Property") to be surveyed by Joe White & Associates, Inc., and a proposed lot split made thereof dated June _ , 2023, identified by the title "Lot IRA & 1RB, Chenal Valley Phase 2 Commercial, Little Rock, Arkansas." The proposed lot split bears the signatures and seals of Daniel W. Havner, Registered Professional Engineer, and Aaron Rasbury, Registered Professional Land Surveyor (the "Lot Split"), a copy of which is attached hereto as Exhibit A-2 and made a part hereof. WHEREAS, the Grantor is the Fee Owner of the Lot I Property and has preliminarily caused the Lot 1 R Property to be divided into two (2) separately drawn lots designated on the Lot Split as Lots IRA and I RB (each a "Lot" or the "Lots"), each Lot to be more particularly described on the final plat filed with respect to each lot or subdivision thereof (the "Lot Split"); WHEREAS, the Lot I Property is part of Chenal Valley Phase 2 Commercial Addition, and is subject to those certain covenants set forth in the following: (i) that certain Bill of Assurance of Chenal Valley Commercial Neighborhood of record as InstrumentNo. 96-68199, as amended and supplemented, including but not limited to that certain Fifth Supplemental Bill of Assurance of Chenal Valley Commercial Neighborhood filed of record as Instrument No. 98-103569, and that certain Replat and Corrected Fifth Supplemental Bill of Assurance of Chenal Valley Commercial Neighborhood filed of record as Instrument No. 20033108735, records of Pulaski County, Arkansas (collectively, the "Clienal Commercial BOA"); and (ii) that certain Declaration of Covenants and Restrictions of Chenal Valley, of record as Instrument No. 89- 61706 records of Pulaski County, Arkansas , as amended (the "Chenal DCR")(collectively, the "Chenal Valley Covenants"); 1 10843.0067/10107872.1 PL A T BILL OF ASSURANCE LOT 1RA AND 1RB CHENAL VALLEY PHASE 2 COMMERCIAL ADDITION THIS BILL OF ASSURANCE (this "Bill of Assurance") is made as of the 2-04 day of 9, e- 2023, by HIGHWAY 10 CORNER, LLC, an Arkansas limited liability company (hereinafter referred to as the "Grantor"). RECITALS WHEREAS, the Grantor has caused the lands described on Exhibit A-1 attached hereto (the "Lot 1 R Property") to be surveyed by Joe White & Associates, Inc., and a proposed lot split made thereof dated June _ , 2023, identified by the title "Lot IRA & 1RB, Chenal Valley Phase 2 Commercial, Little Rock, Arkansas." The proposed lot split bears the signatures and seals of Daniel W. Havner, Registered Professional Engineer, and Aaron Rasbury, Registered Professional Land Surveyor (the "Lot Split"), a copy of which is attached hereto as Exhibit A-2 and made a part hereof. WHEREAS, the Grantor is the Fee Owner of the Lot I Property and has preliminarily caused the Lot 1 R Property to be divided into two (2) separately drawn lots designated on the Lot Split as Lots IRA and I RB (each a "Lot" or the "Lots"), each Lot to be more particularly described on the final plat filed with respect to each lot or subdivision thereof (the "Lot Split"); WHEREAS, the Lot I Property is part of Chenal Valley Phase 2 Commercial Addition, and is subject to those certain covenants set forth in the following: (i) that certain Bill of Assurance of Chenal Valley Commercial Neighborhood of record as InstrumentNo. 96-68199, as amended and supplemented, including but not limited to that certain Fifth Supplemental Bill of Assurance of Chenal Valley Commercial Neighborhood filed of record as Instrument No. 98-103569, and that certain Replat and Corrected Fifth Supplemental Bill of Assurance of Chenal Valley Commercial Neighborhood filed of record as Instrument No. 20033108735, records of Pulaski County, Arkansas (collectively, the "Clienal Commercial BOA"); and (ii) that certain Declaration of Covenants and Restrictions of Chenal Valley, of record as Instrument No. 89- 61706 records of Pulaski County, Arkansas , as amended (the "Chenal DCR")(collectively, the "Chenal Valley Covenants"); 1 10843.0067/10107872.1 WHEREAS, the Grantor desires to file this Bill of Assurance in addition to the Chenal Valley Covenants to further protect its interest and the interests of others which may in the future become Fee Owners of a Lot (a "Lot Owner" or the "Lot Owners"). Grantor and those future fee owners may be hereinafter collectively referred to as "Parties" or singularly as a "Party"; and WHEREAS, the Grantor hereby establishes, to the fullest extent permitted by law, certain covenants, restrictions and charges (co I lectively, the "Lot 1 R Restrictions") as are hereinafter set forth, subject to which each Lot shall be improved, held, exchanged, leased, sold and/or conveyed. Each of the Lot I R Restrictions is imposed upon each Lot as a mutual equitable servitude and they shall be and operate as covenants running with the land for the benefit of the Lot 1 R Property in each and every part and portion thereof. NOW, THEREFORE, in consideration of the foregoing, and the covenants and agreements set forth herein, the Grantor agrees as follows: 1. Incorporation of Clienal Valley Covenants. Grantor acknowledges and hereby ratifies that the Lot I R Property and development thereof are expressly subject to the -covenants set forth in the following: (i) that certain Bill of Assurance of Chenal Valley Commercial Neighborhood of record as InstrumentNo, 96- 68199, as amended and supplemented, including but not limited to that certain Fifth Supplemental Bill of Assurance of Chenal Valley Commercial Neighborhood filed of record as InstrumentNo. 98-103569, and that certain Replat and Corrected Fifth Supplemental Bill of Assurance of Chenal Valley Commercial Neighborhood filed of record as Instrument No. 20033108735, records of Pulaski County, Arkansas (collectively, the "Chenal Commercial BOA"); and (ii) that certain Declaration of Covenants and Restrictions of Chenal Valley, of record as InstrumentNo. 89-61706 records of Pulaski County, Arkansas , as amended (the "Chenal DCR") (collectively, the "Chenal Valley Covenants"). Grantor hereby incorporates the Chenal Valley Covenants into this Bill of Assurance and makes them a part hereof by reference as if set forth word for word herein. To the extent that the terms and conditions of this Bill of Assurance conflict with or contradict the terms of the Chenal Valley Covenants and this restriction or covenant under this Bill of Assurance is less restrictive than the Chenal Valley Covenants, then the Chenal Valley Covenants shall be deemed controlling, but in all other cases the terms of this Bill of Assurance shall be deemed to control. Any capitalized terms not otherwise defined in this Bill of Assurance shall have the definition and meaning ascribed thereto under the Chenal Valley Covenants. 2. Use. The types of uses permitted on the Lot I R Property shall be of a general office, retail, educational and/or commercial nature found in office, retail, educational and commercial developments in Little Rock, Arkansas, consistent with the zoning covering each Lot and not otherwise prohibited in the Chenal Valley Covenants or herein below; provided, nothing contained herein shall be construed to require P) any Owner to open or operate any form of business in the Lot 1 R Property for any period of time or at all, but it may operate any form of business not prohibited herein or by law or otherwise. 3. Drainage, UflliV and Service Easements. Grantor grants and subjects the Lot I R Property to and grants for the benefit of each Lot, perpetual, nonexclusive easements within the Utility Easement A yeas as shown on the Lot Split for the installation, operation, flow, passage, use, maintenance, connection, repair, relocation, and removal of underground lines or systems for utilities serving any or all of the other Lots, including but not limited to, sanitary sewers, stormwater drains, cable TV, water (fire and domestic), irrigation, gas, electrical, telephone and communication lines, together with the right of ingress and egress for installation, maintenance and repair thereof necessary for the orderly development and operation of the property and each Lot in accordance with the general requirements of the Lot Split. No easement shall be deemed granted under any building area shown on the Lot Split or under any building actually constructed. All construction, alteration, and repair work to any utility described in this Paragraph 3 shall be accomplished in an expeditious manner, in compliance with all laws, rules, regulations, orders, permits, approvals and licenses of governmental authorities having jurisdiction. Such construction of any utilities by Grantor or any Owner shall be subject to the construction standards required to cause acceptance thereof by the City of Little Rock, Arkansas Department of Health or utility service, as the case may be. The Owner undertaking such work shall take all reasonably necessary measures to minimize any disruption or inconvenience caused by such work and, except in the case of an emergency, shall give the affected Owners and tenants written notice a minimum of seventy-two (72) hours prior to commencing such work. Such work shall be accomplished in such a manner as to minimize any damage or adverse effect which might be caused by such work to each Lot on which the work is being done. If such work requires excavation of any portion of any road, the Owner causing such work to be done shall use all reasonable efforts to cause such excavation to commence and be completed during hours when the business places in the Lot l R Property are not open for business to the public and, in any event, shall provide suitable alternative ingress and egress immediately adjacent to said road if it is not practical to keep at least one lane of said road open during the work. Any excavation of any access roadway within the Lot I R Property shall be properly backfilled within twenty-four (24) hours, if reasonably practical. The Owner undertaking such work shall repair at its own cost and expense any and all damage caused by such work and, upon completion of such work, shall promptly restore the affected portion of the Lot l R Property or each Lot upon which such work is performed to a condition which is equal to or better than the condition which existed prior to the beginning of such work. In addition, the Owner undertaking such work shall promptly pay all costs and expenses associated therewith and shall defend, indemnify and hold the other Owners harmless from all liens, claims of lien, injuries, damages, losses, or claims, including reasonable attorney's fees actually incurred at trial and appellate levels, attributable to the 3 performance or non-performance of such work. No Owner shall undertake construction activity on another Owner's Lot or the Lot 1 R Property not owned by such Owner without the prior consent of such Owner. 4. Water Flow and Sanitary Sewer. (a) Flow of Water. Grantor hereby reserves, grants, conveys, establishes and declares for the benefit each Lot, a permanent, non-exclusive easement on, over, upon, across, under and through any portion of each Lot for the benefit of the other Lots, as reasonably necessary for surface water run-off and, within any portion of each Lot which is not a building area, for the construction, installation, use, maintenance and repair of any underground drainage system to receive surface water from the benefited Lot and conduct such water over or under each Lot as necessary to a discharge area. The Owner of each Lot shall determine in its sole, but reasonable, discretion the most effective location for drainage purposes for the placement of any and all components of such underground drainage system to be located on its Lot as shown on Exhibit "B" attached hereto (the "Drainage Plan") and shall submit the Drainage Plan to the Grantor for review and approval. Following approval, each Owner hereby agrees to the location for such improvements as shown on the approved Drainage Plan and once any drainage line or lines have been installed on any Lot or otherwise, the portion of the applicable Lot encumbered by such easement granted in this paragraph shall be limited to the area within ten (10) feet on either side of the center line of such drainage line. Notwithstanding anything contained herein to the contrary, in no event shall any Lot Owner of a Lot be permitted to change the natural flow of the surface water run-off from each Lot in any manner which increases the concentration of such surface water run-off onto an adjoining Lot. (b) Storm Watery SyStern. Owner will construct on each Lot and shall thereafter maintain at such Owner's sole cost and expense, the improvements necessary to control the storm water run-off from such property and to transport the same under or across the Lot I R Property to storm water sewer shown on the Site Plan and in accordance with the Drainage Plan. (c) Maintenance. The drainage improvements located on a Lot Owner's Lot shall be maintained by such Lot Owner in good condition and repair. Each Lot Owner steal I be responsible for fifty percent (50%) of the costs of the maintenance and repairs to the drainage improvements and shall reimburse the Lot Owner that actually performs such maintenance and repairs for fifty percent (50%) of such costs upon request, which request shall be accompanied with invoices and other documentation sufficient to substantiate such reimbursement request and lien waivers affecting both Lots. 5. . The Grantor does hereby dedicate, create, establish and declare a private, perpetual, non-exclusive easement over, through, upon and across the paved areas of each Lot to serve as a means of vehicular access and way of ingress and egress for the use and benefit of the present Owner and future Owner(s) of the each Lot, their tenants and their respective employees, contractors, 4 mortgagees, customers, sub -tenants, licensees and invitees, in the full use and enjoyment of the Lot l R Property on the following terms and conditions: (a) Grant of Access In ress and E teas Ea gMot. Grantor does hereby dedicate, create, establish, and declare a private, perpetual, non-exclusive access, ingress and egress easement over, through, upon and across the paved portion of each Lot that is not specifically designated and stripped as a parking space or no packing area (the "Access Drive Areas") necessary to provide and serve as a means of vehicular access and way of ingress and egress to and from the access drives accessing Chenal Parkway and/or Highway 10/Cantrell Road for the use and benefit of the present Owner and future Owner(s) of each Lot, their tenants and their respective employees, contractors, mortgagees, customers, tenants, licensees and invitees, in the full use and enjoyment of each Lots and Property. The timing and installation of the Access Drive shall be determined based on development of each Lot to be serviced by such access and all such Access Drives necessary to access each Lot shall be completed prior to the date such Lot Owner receives a certificate of occupancy for the use of any improvements constructed on such Lot. (b) Construction of Common Access Drive. The Lot Split includes a common access drive shown as the twenty-one foot (21') wide access drive having as its centerline the common boundary of Lots IRA and IRB as shown on Exhibit" B" attached hereto (the "Common Access Drive"). The Common Access Drive, site improvements for such access driveways, drainage, sewer, curbs and guttering, sidewalks, turn -in and access lanes shall be constructed in accordance with the standards established by the Grantor (or the Lot Owners if Grantor is no longer a Lot Owner) and sufficient to meet the standards acceptable to the City of Little Rock, Arkansas. The Lot Owners of Lots IRA and iRB shall each be responsible for fifty percent (50%) of the cost of the construction of the Common Access Drive. The first Lot Owner to develop a Lot shall be responsible for the construction of the Common Access Drive and the other Lot Owner shall reimburse the Lot Owner constructing the drive for fifty percent (50%) of the costs upon request, which request shall be accompanied with invoices and other documentation sufficient to substantiate such reimbursement request and lien waivers affecting both Lots. Prior to commencing construction, the Lot Owners shall each approve the budget and contract for the construction of the Common Access Drive. Grantor shall have no obligation for the construction of any Access Drives other than any reimbursement obligation set forth herein and all such Access Drives other than the Common Access Drive located on a Lot shall be paid for by the Lot Owner of such Lot. (c) Maintenance of Access Drive Area. The Access Drive Areas located on a Lot Owner's Lot shall be maintained by such Lot Owner in good condition and repair at such Lot Owner's sole cost and expense. However, no Lot Owner shall be responsible for repairing any damage within the Access Drive Area directly resulting from another Lot Owner's or its successors' delivery trucks or other actions of 5 such Lot Owner, its successors, mortgagees, tenants, assigns, contractors, licensees, invitees or employees. The Lot Owner or tenant causing such damage shall be responsible for repairing any such damage and the failure to do so shall be subject to the Lot Owner of the affected Lot having the enforcement rights set forth in Paragraph 12 below. (d) Witual_Obligations. Grantor and Lot Owner of each Lot shall use the Access Drive Areas with due regard for the rights of each other. Grantor and the Lot Owner of each Lot hereby agree to keep the easement areas free of obstacles or obstructions which would prevent or hinder the free passage of vehicular traffic within or across the easement areas. No parking shall be permitted in the Access Drive Areas. Grantor and the Lot Owner of each Lot agree not to place barriers or blockades between their respective parcels and the easement areas. Notwithstanding the foregoing, nothing in this Agreement shall be construed as limiting either parry's ability to use the easement areas for delivery by its trucks. Neither party, nor its successors, mortgagees, lessees, assigns, tenants or employees shall be permitted to park vehicles on the other parry's parcel. If either party fails to repair or maintain the easement area on its parcel, then the other party shall have the right, but not the obligation, to repair or maintain that portion of the easement area on the other part's parcel at its own expense. (e) No Public Rights Created. Nothing herein shall create or be construed to create any rights in and/or for the benefit of the general public in or to the easement areas. (f) Na Cross Farkln . No invitees, employees or agents of a Lot Owner or any tenant of a Lot shall have any right to park on each Lot, except where the parties have made a separate agreement. 6. Si� ig sage. (a) Lot Owner's S i na e. Each Lot Owner shall have the right to maintain such signs on the exterior or interior of any building located on its Lot. As permitted by applicable governmental regulations, each Lot Owner shal'1 have the right to erect, maintain and replace freestanding signs or signs on its Lot. On an occasional and temporary basis, yard signs, razor or sail signs or other temporary signage or banners shall be permitted on any Lot along Chenal Parkway or Highway 10/Cantrell Road following the initial construction and occupancy of improvements on such Lot. (b) Proposed Development Sipn_�e. The Grantor has reserved sign easement areas on the Lot R Property located at the access drives located on Chenal Parkway and Highway 10/Cantrell Road as shown Exhibit `C" and easements required to run utilities to such sign easement area (the "Sign Easement Areas") for the installation of one or more common developments signs for Lots IRA and I RB. If erected each Lot Owner shall have the right to locate a sign panel on each common development sign and each Lot Owner placing a sign panel thereon shall be responsible for the payment of a pro-rata share of the initial cost of the common sign and thereafter the maintenance and utility costs thereof. Each Lot Owner shall be 6 responsible for the cost of their respective sign panels located on the sign. The sign area shall be allocated equally to Lot IRA and Lot IRB. The rights and obligations of the Lot Owner participating in the development sign shall be deemed appurtenant to the Lot and shall transfer and convey with any changes in ownership of the Lot after the sign has been erected. 7. Shared Dt,mips[et' Pad. There is shown on Exhibit B located on Lot l RB a shared dumpster 1 1 area (the "Shared Dumpster Area"). The Grantor does hereby dedicate, create, establish and declare a private, perpetual, exclusive easement over, through, upon and across the Shared Dumpster Area for the construction, maintenance and operation of dumpsters to service Lots 1 RA and 1 RB for the use and benefit of the present Owner and future Owner(s) of the each Lot, their tenants and their respective employees, contractors, mortgagees, customers, sub -tenants, licensees and invitees, on the following terms and conditions; (a) ranstructian pf Dumster Area. The first Lot Owner to develop a Lot shall be responsible for the construction of the Shared Dumpster Area, including the pad, paving, curbs, drainage, walls and gates and the other Lot Owner shall reimburse the Lot Owner constructing the drive for fifty percent (50%) of the costs upon request, which request shall be accompanied with invoices and other documentation sufficient to substantiate such reimbursement request and lien waivers affecting both Lots. Prior to commencing construction, the Lot Owners shall each approve the budget and contract for the construction of the Shared Dumpster Area. All exterior dumpster or trash disposal locations shall be completely encased with a solid wall constructed of materials used in the construction of the Fee Owner's building and similar in style and appearance and gated such that such dumpsters or trash containers are not visible from any Lot. All gates to the dumpster enclosure shall be of metal construction. No wood fencing or gates shall be permitted. (b) Maintenance. Each Lot Owner shall be responsible for fifty percent (50%) of the maintenance and repairs to the Shared Dumpster Area. The Lot IRB Owner shall be responsible for such maintenance and repairs and the Lot 1 RA Owner shall reimburse the Lot l RB Owner for fifty percent (50%) of such costs upon request, which request shall be accompanied with invoices and other documentation sufficient to substantiate such reimbursement request and lien waivers affecting both Lots. (c) ❑lrm step• Set•vice. Each Lot Owner shall be responsible for separately contracting and paying for dumpster and waste removal services. 8. No Re lat Subdivision or Re-7otlin 31 of Lot Permitted. No Lot Owner shall be permitted to re -plat, subdivide or re -zone any portion of each Lot during the term this Bill of Assurance is in effect without the without written consent of the Grantor for so long as the Grantor owns an interest in the Lot I R Property and, if required, any consents required under the Chenal Valley Covenants. 7 9. Modification . All negotiations and oral agreements acceptable to the Grantor have been incorporated herein. Except as otherwise provided herein, this Bill of Assurance may not be modified in any respect whatsoever or rescinded, in whole or in part, except in writing executed by the Grantor, for so long as the Grantor owns an interest in any of the Lot 1 R Property covered by the Chenal Valley Covenants and then thereafter by a Majority in Interest of the Lot Owners, based upon the respective square footage of each Lot compared to the total square footage of the Lot I Property. 10. Duration. Unless otherwise canceled or terminated, all of the easements granted in this Bill of Assurance shall continue in perpetuity and at] other rights and obligations hereof shall automatically and be of no further force and effect ninety-nine (99) years after the date of filing hereof. 11. Miscellaneous. (a) Not a Public Dedication. Nothing herein contained shall be deemed to be a gift of dedication of any portion of any Lot to the general public or for any public purposes whatsoever, it being the intention of the Lot Owners that this Bill of Assurance shall be strictly limited to and for the purposes herein expressed. (b) Leverability. If any term or provision of this Bill of Assurance or the application of it to any person or circumstance shall to any extent be invalid and unenforceable, the remainder of this Bill of Assurance or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each term and provision of this Bill of Assurance shall be valid and shall be enforced to the extent permitted by law. (c) Governing Law. This Bill of Assurance shall be construed and enforced in accordance with, and governed by, the law of the State of Arkansas. (d) No Presumption, This Bill of Assurance shall be interpreted and construed only by the contents hereof and there shall be no presumption or standard of construction in favor of or against any Lot Owner. (e) iiiurenientatid Bixidin Effect. This Bill of Assurance and the easements, covenants, benefits and obligations created hereby shall inure to the benefit and be binding upon Grantor and each subsequent Lot Owner, and their respective successors and assigns E (f) Other Agreements. Nothing herein shall restrict a Lot Owner from imposing upon any tenant of any Lot more restrictions and/or higher standards than set forth herein. (g) Subd'svision and Zoning Qrdinances. Notwithstanding any provision hereof to the contrary, any lawfid restrictions imposed by the City of Little Rock, Arkansas, which is more restrictive on use than the provisions hereof shall be applicable and shall supersede the provisions hereof. (h) Entire Agreement. This Bill of Assurance and the Chenal Valley Covenants constitute the entire agreement regarding this subject matter between the Parties hereto. The Parties do not rely on any statement, promise or representation not herein expressed, and this Bill of Assurance, once executed, delivered and filed, shall not be modified or altered in any respect except as provided herein. (i) No Third Pady Beneficiaries. No party, other than the Lot Owners and Grantor shall have any rights or benefits of this Bill of Assurance. 12. Enforcement of Obligations. In the event legal proceedings are brought or commenced to enforce any of the terms of this Bill of Assurance against any Lot Owner or other person with an interest in each Lot, the successfid party in such action shall be entitled to receive and shall receive from the defaulting Lot Owner any and all damages permitted by law, plus a reasonable sum as attorneys, fees and costs, to be fixed by the court in the same action. Grantor, for so long as Grantor owns any portion of the Lot 1 R Property covered by the Chenal Valley Covenants, and thereafter a majority of the Lot Owners of the other Lots reflected on the Lot Split, as may be hereafter amended or modified (with such majority in interest being determined based on the respective square footage of such Lots) shall have the right to commence any action to enforce the obligations of the Lot Owner under this Bill of Assurance. IN WITNESS WHEREOF, this Bill of Assurance has been executed as ofthe date first above written. G� 10843.0067/10107872.1 GRANTOR: HIGHWAY 10 CORN , LLC By: Kevin Huchingson, nager ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI ) On this day, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named Kevin Huchingson, to me personally well known, who stated that he was the Manager of HIGHWAY 10 CORNER, LLC, an Arkansas limited liability company, and that he was duly authorized in his capacity to execute the foregoing instrulrlent for and in the narneand behalf of said limited liability company, and further stated and acknowledged thathehad 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 �-'tLday of jtk n e 2023. -�V �qa Notary Public My Commission Expires: 0a�3 ao `4 TAMARA M. GUFFEY Arkansas - Saline County 1 Notary Public - Comm# 12396983 My Commission Expires Feb 3, 2024 10843.0067/ 10107872.1 10 Exhibit A -I Legal Description of Lot 1 R Property LOT I R, CHENAL VALLEY, PHASE 2 COMMERCIAL, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS Exhibit A-2 Copy of Lot Split T'-'ANRL1, 1�0 AD Je fZl� I q m n JRD 1,11olOHEL) LOT .11U. FI201105ED L/JT Kr k( W ,`III r i l 1III * - to be updated 12 10843.0067/10 107872.1 Exhibit B Proposed Drainage Plan, Access Areas and Shared Dumpster Area I I, SI I NAMABLE norm R.°.W) Ca °p I Ir . 1 0 1 1 , * - to be updated 13 10843.0067/ 10107872.1 Exhibit C Sign Easement Areas r ,I cu�rr�u rl ` NNirhyLFggy�y� * - to be updated 14 10843.0067/10107872.1 Sl,gAj E,*seMlfr•+T p1REAS LEIVAS COFFEE. LOT AAA Tamara Guffey From: Tamara Guffey Sent: Monday, June 19, 2023 2:39 PM To: MANION, JOSEPH E Subject: RE: Final Plat Approval -Chenal Valley Phase 2 Commercial Thank you so much! Tamara Guffey Office Manager JOE WHITE & ASSOCIATES, INC. . {II'll. FtiG1�i'fic=tiG • Cs3�51't:f 3tiG alkl'lCfiS • E.�kl] St"Rt'f:1'i\G Joe White & Associates, Inc. 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office: (501) 214-9141 Website: www,moewiiiteassociates.com From: MANION, JOSEPH E <jm4138@att.com> Sent: Monday, June 19, 2023 2:15 PM To: Tamara Guffey <tguffey@joewhiteassociates.com> Subject: FW: Final Plat Approval -Chenal Valley Phase 2 Commercial Importance: High Tamara, AT&T approves. 6TdsEPff N144110i11 AT&T OSP ENGR. 501-416-5541 From: PAGE, LORAN L <LP1318@att.com> Sent: Monday, June 19, 2023 2:04 PM To: Tamara Guffey<tguffev@ioewhiteassociates.com>; YOUNG, BRENT A <BY1726@att.com>; BROWN, ANTHONY <AB834B@att.com> Cc: MANION, JOSEPH E <im41 138@att.com> Subject: FW: Final Plat Approval -Chenal Valley Phase 2 Commercial Importance: High Joseph, This is your area. Can you review this plat, and get back with Tamara? 1 Thanks, Lanny Page Manager OSP Engineering AT&T 501-218-6842 From: Tamara Guffey <tguffey@ioewhiteassociates.com> Sent: Monday, June 19, 2023 1:52 PM To: YOUNG, BRENT A <BY1726_Paatt.com>; BROWN, ANTHONY <AB834B@att.com>; PAGE, LORAN L <LP1318@att.com> Subject: FW: Final Plat Approval -Chenal Valley Phase 2 Commercial Importance: High Gentlemen I understand John is out this week. Can one of you please review for us and approve so our client may get this recorded? Thank you for your assistance. Tamara Guffey Office Manager JOE WHITE & ASSOCIATES, INC. Ci\'FG £\GTti'EFRJ.�G - COti-SI.I.TF\G SER\'1CgS • GA�'D SL'RV£l'f�G Joe White & Associates, Inc. 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office: (501) 214-9141 Website: www.loewhiteassociates.com From: Tamara Guffey Sent: Monday, June 19, 2023 1:45 PM To: CENHRT-South Little Rock Construction comcast.com; GURLEY, JOHN CURTIS <JG0866@att.com>; Joni Bates <ibates@summitutilities.com>; Terrian Tyler <Terrian.T ler Irwra.com> Cc: vharper@iittlerock.Rov; csmith littferock. ov; Joe White <'white 'oewhiteassociates.com> Subject: FW: Final Plat Approval -Chenal Valley Phase 2 Commercial Importance: High Just a reminder to review and approve/comment on the attached plat. They are recording on Friday. Thankyou Tamara Guffey Office Manager Tamara Guffey From: Collins, Jesse <Jesse_Collins@comcast.com> Sent: Tuesday, June 20, 2023 2:18 PM To: Tamara Guffey; [CENHRT-South Little Rock Construction]; GURLEY, JOHN CURTIS; Joni Bates; Terrian Tyler Cc: vharper@littlerock.gov; csmith@littlerock.gov; Joe White Subject: RE: Final Plat Approval -Chenal Valley Phase 2 Commercial Comcast good Jesse Collins Comcast Construction Supervisor Little Rock Arkansas 501-353-8448 Jesse collins@cable.comcast.com From: Tamara Guffey <tguffey@joewhiteassociates.com> Sent: Monday, June 19, 2023 1:45 PM To: [CENHRT-South Little Rock Construction] <CENHRT-South_Little_Rock_Construction@comcast.com>; GURLEY, JOHN CURTIS <JG0866@att.com>; Joni Bates <jbates@summitutilities.com>; Terrian Tyler <Terrian.Tyler@lrwra.com> Cc: vharper@littlerock.gov; csmith@littlerock.gov; Joe White <jwhite@joewhiteassociates.com> Subject: [EXTERNAL] FW: Final Plat Approval -Chenal Valley Phase 2 Commercial Importance: High Just a reminder to review and approve/comment on the attached plat. They are recording on Friday. Thank you Tamara Guffey Office Manager JOE WHITE & ASSOCIATES, INC. 4 CIN 11. EkGI\EFRMG - CONSLLUNG SER%r1CF3 - LA10 StAVEYINO Joe White & Associates, Inc. 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office: (501) 214-9141 Website: www.ioewhiteassociates.com From: Tamara Guffey Sent: Monday, June 12, 2023 9:53 AM To: CENHRT-South Little Rock Construction comcast.com; GURLEY, JOHN CURTIS <JG0866-@att.com>; Joni Bates <}'_bates@summitutilities.com>; MANION, JOSEPH E <im4138@att.com>; Jason.Lowder@carkw.com; Terrian Tyler <Terrian.T ler lrwra.com>; Henderson, Jeremy <ihende9@enterRv.com> Cc: Joe White<Iwhite@loewhiteassociates.com>; Benson Leboeuf<bleboeuf@loewhiteassociates.com>; vharper2littlerock.gov; csmith@littlerock.gov Subject: Final Plat Approval -Chenal Valley Phase 2 Commercial Attached for review is the final plat of Lots IRA and 1RB, being a replat of Lots 1R of Chenal Valley Phase 2 Commercial, an addition to the City of Little Rock. The owner would like to get this recorded by Friday, June 23rd. Please review the attached plat and email us any comments and/or approval at your earliest convenience. Questions may be directed to Joe White at iwhite pjoewhiteassociates.com or Benson LeBoeuf at bleboeuf@ioewhiteassociates.com Thank you so much. Tamara Guffey Office Manager JOE WHITE & ASSOCIATES, INC. . CIVI1. EINGItiEF.RI4G - (IGNS13.11.W SERVICES - LA%'G SUR►I IXG Joe White & Associates, Inc. 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office: (501) 214-9141 Website: www.loewhiteassociates.com Tamara Guffey From: Vance, Brad <BVANCE1 @entergy.com> Sent: Monday, June 12, 2023 3:43 PM To: Tamara Guffey Cc: Henderson, Jeremy Subject: RE: Final Plat Approval -Chenal Valley Phase 2 Commercial Hi Tamara, Entergy approves. ,".f- Thanks, Brad Vance Entergy Arkansas, LLC. — Lead Engineering Associate Office: 501-954-5162 9 Entergy Ct, Little Rock, AR 72211 entergy ARKANSAS From: Henderson, Jeremy <jhende9@entergy.com> Sent: Monday, June 12, 2023 10:03 AM To: Vance, Brad <BVANCEI@entergy.com> Subject: FW: Final Plat Approval -Chenal Valley Phase 2 Commercial See attached. From: Tamara Guffey <tguffeV@ioewhiteassociates.com> Sent: Monday, June 12, 2023 9:53 AM To: CENHRT-South Little Rock Construction@comcast.com; GURLEY, JOHN CURTIS <JG0866 att.com>; Joni Bates <'bates@sifmmitutiiitios.com>; MANION, JOSEPH E <im4138@att.com>; Jason.Lowder@carkw.com; Terrian Tyler <Terrian.Tyler@Irwra.com>; Henderson, Jeremy <ihende9@entergy.com> Cc: Joe White <iwhite�]u joewlliteassociates.com_>; Benson Leboeuf<bleboeuf@ioewhiteassociates.com>; vharger@little rock.Bov; csi-pith@littlerock.gov Subject: Final Plat Approval -Chenal Valley Phase 2 Commercial Attached for review is the final plat of Lots 1RA and 1RB, being a replat of Lots 1R of Chenal Valley Phase 2 Commercial, an addition to the City of Little Rock. The owner would like to get this recorded by Friday, June 23rd. Please review the attached plat and email us any comments and/or approval at your earliest convenience. Questions may be directed to Joe White at iwhite@ioewhiteassociates.com or Benson LeBoeuf at bleboeuf@ic)ewhiteassociates.com Thank you so much. Tamara Guffey Office Manager JOE WHITE & ASSOCIATES2 INC. 400, 0 C5 11. F \GNUXING • CO\Si'1.T1\G JF.RVICI $ - LAtin SL VEYIN6 Joe White & Associates, Inc. 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office: (501) 214-9141 Website: www.ioewhiteassociates.com 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. Tamara Guffe From: Nikki Mullen <nmullen@summitutilities.com> Sent: Wednesday, June 21, 2023 9:54 AM To: Tamara Guffey Cc: Suzy Mangan; Joni Bates Subject: RE: [EXTERNAL EMAIL] FW: Final Plat Approval -Chenal Valley Phase 2 Commercial Hello Tamara, We have reviewed the plat and found that Summit Utilities does not have any objection to the changes. Thank you for your patience, Nikki Mullen Engineer --ARIOK Region (501) 902-5208 I www.SummitUtilitiesinc.com nmullen a@@summitutilities.com From: Suzy Mangan <smangan@summitutilities.com> Sent: Tuesday, June 20, 2023 1:15 PM To: Nikki Mullen <nmullen@summitutilities.com> Subject: FW: [EXTERNAL EMAIL] FW: Final Plat Approval -Chenal Valley Phase 2 Commercial Importance: High Hey Nikki! Would you mind reviewing this final plat and responding to Tamara with Summit's comments? Thanks! Suzy Mangan Gas Engineer (m) 501.416.8412 1 www.SummitUtilitieslnc.com smanaan(a�summitutilities.com From: Joni Bates <ibates@summitutilities.com> Sent: Tuesday, June 20, 2023 1:13 PM To: Suzy Mangan <smangan@summitutilities.com> Subject: FW: [EXTERNAL EMAIL] FW: Final Plat Approval -Chenal Valley Phase 2 Commercial Importance: High Suzy: Could you please have someone review. Thanks, Joni Joni Bates Marketing Coordinator Mobie 501-772-2134 i ►vrw.SurnmitUtititieslnc.carn lbates e.summitublities.com From: Tamara Guffey<tRufFeV@ioewhiteassociates.com> Sent: Monday, June 19, 2023 1:45 PM To: CENHRT-South Little Rock Construction comcast.com; GURLEY, JOHN CURTIS <JG0865 att.com>; Joni Bates <'bates C&summitutiNties.corn>; Terrian Tyler <Terrian.Tyler@Irwra.com> Cc: vhar er littlerock. ov; csmith littlerock. ov; Joe White <iwhite Ioewhiteassociates.com> Subject: [EXTERNAL EMAIL] FW: Final Plat Approval -Chenal Valley Phase 2 Commercial Importance: High Just a reminder to review and approve/comment on the attached plat. They are recording on Friday. Thank you Tamara Guffey Office Manager JOE WHITE & ASSOCIATESY, INC. ,� CIVIL ENGNE£RRNG • MNSL'LMU SERVICTS - LAND SL=R%'£1'T\L' Joe White & Associates, Inc. 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office: (501) 214-9141 Website: www.ioewhiteassociates.com From: Tamara Guffey Sent: Monday, June 12, 2023 9:53 AM To: CENHRT-South Little Rock Construction comcast.com; GURLEY, JOHN CURTIS <JG0866@att.com>; Joni Bates <Ibates@summitutilities.com>; MANION, JOSEPH E <jm4138 , att.com>; Jason.Lowder@carkw.com; Terrian Tyler <Terrian.Tyler@lrwra.com>; Henderson, Jeremy <jhende9@entergy.com> Cc: Joe White <iwhite_@ oewhiteassociates.corn>; Benson Leboeuf<bieboeuf@ioewhiteassociates.Com>; vhar er littlerock. ov; csmith@ little rock.gov Subject: Final Plat Approval -Chenal Valley Phase 2 Commercial Attached for review is the final plat of Lots IRA and 1RB, being a replat of Lots 1R of Chenal Valley Phase 2 Commercial, an addition to the City of Little Rock. The owner would like to get this recorded by Friday, June 23rd. Please review the attached plat and email us any comments and/or approval at your earliest convenience. Questions maybe directed to Joe White at iwhite@ioewhiteassociates.com or Benson LeBoeuf at bleboeufC@ioewhiteassociates.com Thank you so much. Tamara Guffey Office Manager Tamara Guffey From: Jason Lowder <Jason.Lowder@carkw.com> Sent: Wednesday, June 14, 2023 1:18 PM To: Tamara Guffey Subject: RE: [External] Final Plat Approval -Chenal Valley Phase 2 Commercial Central Arkansas Water has no objections. Respectfully, Jason Lowder, Engineering Technician 4ason.lowder@carkw.com 501-377-1245 o�,o o From: Tamara Gulley <tguffey@joewhiteassociates.com> Sent: Monday, June 12, 2023 9:53 AM To: CENHRT-South_ Little_ Rock Construction@comcast.com; GURLEY, JOHN CURTIS <JG0866@att.com>; Joni Bates <jbates @sum mitutilities.com>; MANION, JOSEPH E <jm4138@att.com>; Jason Lowder <Jason.Lowder@carkw.com>; Terrian Tyler <Terrian.Tyler@lrwra.com>; Henderson, Jeremy <jhende9@entergy.com> Cc: Joe White <jwhite@joewhiteassociates.com>; Benson Leboeuf <bleboeuf@joewhiteassociates.com>; vharper@littlerock.gov; csmith@littlerock.gov Subject: [External] Final Plat Approval -Chenal Valley Phase 2 Commercial (CAUTION:] This email originated from outside of the CAW. Do not click links or open attachments unless you recognize the sender and know the content is safe. Attached for review is the final plat of Lots 1RA and 1RB, being a replat of Lots 1R of Chenal Valley Phase 2 Commercial, an addition to the City of Little Rock. The owner would like to get this recorded by Friday, June 23rd. Please review the attached plat and email us any comments and/or approval at your earliest convenience. Questions may be directed to Joe White at *white@ loewhiteassociates.com or Benson LeBoeuf at ble boe uMoewh iteassoci ates, corn Thank you so much. Tamara Guffey Office Manager JOE WHITE & ASSOCIATESzINC. C111L ENGINME-RMG - CO'NSUL1i1G 5ERVICTS -LAND SL'MVINO Joe White & Associates, Inc. 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office: (501) 214-9141 Website: www.loewhiteassociates.com "The information in this email and any attachments may be confidential and privileged. Access to this email by anyone other than the intended addressee is unauthorized. If you are not the intended recipient (or the employee or agent responsible for delivering this information to the intended recipient) please notify the sender by reply email and immediately delete this email and any copies from your computer and/or storage system. The sender does not authorize the use, distribution, disclosure or reproduction of this email (or any part of its contents) by anyone other than the intended recipient(s). No representation is made that this email and any attachments are free of viruses. Virus scanning is recommended and is the responsibility of the recipient. This message, including any attachments, may summarize regulations and policies of Central Arkansas Water. Furthermore, this message and any responses sent to this email address may be subject to public disclosure under FOIA." ��. ,/ Tamara Guffey �`A,, From: Smith, Christopher J. <csmith@littlerock.gov> Sent: Tuesday, June 20, 2023 3:32 PM To: Tamara Guffey Cc: Harper, Vance; Joe White; Brian Dale; Moore, Monte Subject: RE: Final Plat Approval -Chenal Valley Phase 2 Commercial Tamara, Since all City staff comments have been addressed„ City staff recommends recording of the final plat with Pulaski County subject to all utility companies' approvals. Coordinate with Mr. Moore on obtaining final signatures before recording with Pulaski County and provide documentation of all utility signoffs for the final plat. 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.govl From: Tamara Guffey <tguffey@joewhiteassociates.com> Sent: Monday, June 19, 2023 1:45 PM To: CENHRT-South_Little_Rock_Construction@comcast.com; GURLEY, JOHN CURTIS <JG0866@att.com>; Joni Bates <jbates@summitutilities.com>; Terrian Tyler <Terrian.Tyler@lrwra.com> Cc: Harper, Vance <VHarper@littlerock.gov>; Smith, Christopher J. <csmith@littlerock.gov>; Joe White <jwhite@joewhiteassociates.com> Subject: FW: Final Plat Approval -Chenal Valley Phase 2 Commercial Importance: High 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. Just a reminder to review and approve/comment on the attached plat. They are recording on Friday. Thank you Tamara Guffey Office Manager 1 JOE WHITE & ASSOCIATES9 INC. t. CAN. ENGSNEEKI1G-CONSLITINGISVRVI(TS- LAND SL7i EVINC. Joe White & Associates, Inc. 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office: (501) 214-9141 Website: www.joewhiteassociates.com From: Tamara Guffey Sent: Monday, June 12, 2023 9:53 AM To: CENHRT-South Little Rock Construction comcast.com GURLEY, JOHN CURTIS ; Joni Bates; MANION, JOSEPH E ; Jason. Lowder carkw.com; Terrian Tyler; Henderson, Jeremy Cc: Joe White ; Benson Leboeuf ; vhar er littlerock. ov; csmith@littlerock.gov Subject: Final Plat Approval -Chenal Valley Phase 2 Commercial Attached for review is the final plat of Lots IRA and 1RB, being a replat of Lots 1R of Chenal Valley Phase 2 Commercial, an addition to the City of Little Rock. The owner would like to get this recorded by Friday, June 23rd. Please review the attached plat and email us any comments and/or approval at your earliest convenience. Questions may be directed to Joe White atjwhite-oewhiteassociates.com or Benson LeBoeuf at bleboeuf@ioewhiteassociates.com Thank you so much. Tamara Guffey Office Manager JOE WHITE & ASSOCIATES7 INC. 104, . CIVIL FNGI.VURI;`G-CO SLITI GSERVICES-WNDSU'RMING Joe White & Associates, Inc. 25 Rahling Circle, Suite A-2 Little Rock, AR 72223 Office: (501) 214-9141 Website: www.loewhiteassociates.com Tamara Guffey From: Terrian Tyler <Terrian.Tyler@Irwra.com> Sent: Tuesday, June 27, 2023 3:10 PM To: Tamara Guffey Cc: Joe White; Benson Leboeuf Subject: Re: Final Plat Approval -Chenal Valley Phase 2 Commercial Good afternoon, LRWRA has no objection to this plat. Thank you, Terrian Tyler Terrian Tyler Project Engineer, Developer Funded 11 Clearwater Dr. Little Rock, AR 72204 Office: (501) 688-1431 www.Irwra.com LITTLE ROCK Water Reclamation Authority ONE WATER_ ONE FUTURE, 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. On Jun 27, 2023, at 14:25, Tamara Guffey <tguffey@joewhiteassociates.com> wrote: Mr. Tyler The attached plat copy has the easement noted you asked about. Please let us know if you have any further questions. We will be looking for your approval, since the owner closes in a couple days. Thank you! Tamara Guffey Office Manager <image001.png> Joe White & Associates, Inc. 25 Rahling Circle, Suite A-2