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Z-7603-H Application 1
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 ..`,� CMR C�vlr`r+', r1``�� �`pP e•, IIv C� y� W' - II�II�IIIIIIII�I��IIIIIIII� IIID IIII I �II 2016030096 PRESENTED: 05.18-2D18 12:25:34 PM RECORDED: 05-18-2016 12:34:22 PM ,no ifi i 1 Records of Larry Crane Circuit/County Clerk ORDINANCE NO. P1I CO. AR FEE $20.00 TO APPROVE A PLANNED ZONING DEVELOPMENT AND ESTABLISH A PLANNED COMMERCIAL DISTRICT, TITLED 14910 CANTRELL ROAD REVISED LONG -FORM PCD, LOCATED AT 14910 CANTRELL ROAD (Z -7603-H), LITTLE ROCK, ARKANSAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That the zoning classification of the following described property be changed from Revised PCD, Planned Commercial Development, to Revised PCD, Planned Commercial Development: Z -7603-H: Lot 3 Cantrell Falls Addition to the City of Little Rock, Pulaski County, Arkansas. SECTION 2. That the preliminary site development plan/plat be approved as recommended by the Little Rock Planning Commission. SECTION 3. That the change in zoning classification contemplated for 14910 Cantrell Road Revised Long -Form PCD, located at 14910 Cantrell Road (Z -7603-H) is conditioned upon obtaining final plan approval within the time specified by Chapter 36, Article VII, Section 36-454 (e) of the Code of Ordinances. SECTION 4. That this ordinance shall not take effect and be in full force until the final plan approval. SECTION 5. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and designated district map be and is hereby amended to the extent and in the respects necessary to affect and designate the change provided for in Section 1 hereof. SECTION 6. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. SECTION 7. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. PASSED: May 17, 2016 [Page] of 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 7n n ley, City Clerk AP D AS TO LEGAL FORM: r uk /1 // // // // // // // // // // // // // Page 2 of 21 PD -O R2 PCD THIS SITE I EQ o F POD af PCD C" POD--' POD R2 Q0 o R2 PCD D P KEPOD POD PCD POD . J1 Area Zoning City of Little Rock Planning & Development "Ma MM Case: Z -7603-H Location: 14910 Cantrell Road Ward: 5 N PD: I A CT. 42.05 0 126 250 TRS: T2N R13W 19 Feet Land Use Plan City of Little Rock Planning & Development Case: Z -7603-H Location: 14910 Cantrell Road Ward: 5 PD: 1 CT: 42.05 TRS: T2N R13W 19 N )k 0 125 250 Feet R2 THIS SITE PCD PD -0 j7C D 0 '�p qCD F[7PD-C ti Q s 1CANT.- PCD REL•L RD POD POD El o o C=) p fY R2 PCD Q _1 00 o o D F ZPOD7 n �cD TL I L G R2 POD i Area Zoning City of Little Rock Planning & Development Case: Z -7603-H Location: 14910 Cantrell Road Ward: 5 N PD: 1 CT 42.05 0 125 250 TRS: T2N R13W 19 Feet RL 1 THIS SITE I T 0 � so Q C. MX o c cANTRELL RD PI L �❑ o �. o C= CF- Q p Of O T a 46 T yy ;'.RL so z Cl Land Use Plan City of Little Rock Planning & Development Case: Z -7603-H Location: 14910 Cantrell Road Ward: 5 N PD: 1 CT: 42.05 0 125 250 TRS: T2N R13W 19 Feet City of Little Rock Planning and Development Filing Fees Date , 2Q* Annexation $ Board of Adjustment $ Cond Use Permit/T UP $ Final Plat Planned Unit Dev Preliminaiy Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Number at ea Public Hearing Signs a Total File No '•1'� iFEG CODE Board of Directors Communication TO: VICE -MAYOR LANCE HINES FROM: BRUCE T. MOORE, CITY MANAG SUBJECT: CANTRELL FALLS DEVELOPMENT QUESTIONS REQUEST #2864 DATE: AUGUST 14, 2015 Per your request, I asked Planning & Development Staff to follow-up on concerns regarding the Cantrell Falls Development and questions about various elements of the plan, such as berms, the water feature and signage. According to staff, the approved plan required the installation of a berm along Cantrell Road within the front landscape area with a minimum height of forty-two (42) inches measure from the average grade of the site. Staff reports that the developer has begun installing the berm and staff has reviewed the berm on several occasions to determine if the height of the berm is being constructed as required by the ordinance approving the development. As of August 3, 2015, staff had not accepted the berm and has notified the developer the berm must be constructed to the forty-two (42) -inch height as per the ordinance. Staff has reviewed the video of the April 1, 2008, Board of Directors Meeting and the minute record concerning the location of the earthen sculpture and water feature to be placed on the site. Per the statement read into the public hearing of the Board of Directors by Ms. Elizabeth Smart, of PCD Companies, she stated "The applicant agrees to provide an earth sculpturing berm and landscaping that satisfies or exceeds the Highway 10 Overlay requirements. Additionally the applicant will add buffering in the form of a stone water feature with the theme of Cantrell Falls." The ordinance states the water feature is to be placed within the forty (40) -foot landscaped strip along Cantrell Road. Based on the review of the Board of Directors Meeting approving this request, staff does not feel the intent was to place the stone water feature within the front landscape area, but in the interior of the development, adjacent to the main driveway. Staff is currently reviewing with the developer the ficial design of the earthen sculpture and water feature and installation of this feature is anticipated to begin in the next few week. The developer has provided the City with a bond and should the developer not progress in a satisfactory way, staff will call the bond and install the remaining improvements. City of Little Rock, Arkansas Staff reports that the approved plan allowed signage on the southern fagade, along Cantrell Road, and on the western fagade, along the entry drive at a maximum of 10% of the frontage facade area. The southern fagade of the building contains 2,170 square -feet of facade area which would allow the placement of 217 square -feet of signage. The sign permit issued for the southern elevation contains 108 square -feet. The western fagade also complies with the approved plan. If additional information is needed, please advise. City of Little Rock U1Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 April 15, 2016 The Holloway Engineering, Surveying and Civil Design 200 Casey Drive Maumelle, AR 72113 Re: Z -7603-H — 14910 Cantrell Road Revised Long -form PCD, located at 14910 Cantrell Road Dear Sirs: This is to advise you that in connection with your request concerning the above referenced file number the following action was taken by the Planning Commission at its meeting on April 7,2016: Approved with conditions. X Recommended approval with conditions. Recommended approval as submitted. Denied your request as submitted. Deferred to the Other: Meeting. This item will be forwarded to the Little Rock Board of Directors for final action. You or your representative will need to be present at the Board of Directors meeting to address any questions which may arise. The meeting date has tentatively been set for May 3, 2016. The meeting begins at 6:00 pm and is held in the Board of Directors Chambers, 500 West Markham Street, 2nd floor. If you have any questions please do not hesitate to contact me at 371-6821. Respectfully, Donna James, AICP Subdivision Administrator OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION MAY 3, 2016 AGENDA Subject An Ordinance establishing a Planned Zoning District titled 14910 Cantrell Road Revised Long -form PCD, located at 14910 Cantrell Road. (Z -7603-H) Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT RECOMMENDATION BACKGROUND Action Required gOrdinance Resolution Approval Information Report Approved By Bruce T. Moore The applicant is requesting to amend the previously approved building materials for Lot 3 by eliminating the requirement that there be no exposed metal on the building. None. Staff recommends denial of the requested PCD zoning. The Planning Commission voted to recommend approval of the PCD zoning by a vote of 7 ayes, 1 no and 3 absent. The applicant is requesting to amend the previously approved building materials for Lot 3. According to the applicant the development completed on Lot 3 contains a 10 -foot strip of ribbed metal siding located on the upper portion of the rear of the building for the entire length of the rear wall. With the original approval of the building for Lot 3 the developer indicated there would be no exposed metal on the exterior of the building. The applicant states the intent of the comment was to clarify to staff the building would be of high quality materials and would not be constructed as a metal repair garage and constructed of materials appropriate in a neighborhood setting. BACKGROUND CONTINUED The applicant notes through the building permit review process including obtaining the final certificate of occupancy all inspections were made and approved and no one took issue with the plans, or raised any concerns regarding the exterior materials used on the building. The applicant is now requesting to amend the approved PCD for Lot 3 to remove the requirement that there be no exposed metal on the building. The request also included the allowance of signage identifying the development which was placed on the water feature within the common area at the entrance to the development. The applicant placed lettering "Cantrell Falls" on the wall of the water feature to identity the development. It was determined at the Commission hearing the placement of the sign was approved with the approval of the PCD zoning for the development. Staff is not supportive of the applicant's request. The applicant is seeking relief of a self-imposed condition which was offered during the public review process. As noted the property to the north has an approved single-family plat and the developer is currently working to install the required improvements to allow for sale of the residential lots. Although there are plantings and the adjacent property has provided a 50 -foot buffer staff feels the view of the future residents should be protected in the same manner as the view from Cantrell Road. The Planning Commission reviewed the proposed PCD request at its April 7, 2016, meeting and there was one registered objector present. All property owners located within 200 -feet of the site along with the Tulley Cove Neighborhood Association, the Westchester Neighborhood Association and the Pinnacle Valley Neighborhood Association were notified of the Public Hearing. Please see the attached Planning Commission minute record and site plan for the applicant's specific development proposal and the staff analysis and recommendation. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ORDINANCE NO. AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED 14910 CANTRELL ROAD REVISED LONG -FORM PCD, LOCATED AT 14910 CANTRELL ROAD (Z -7603-H), LITTLE ROCK, ARKANSAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That the zoning classification of the following described property be changed from Revised PCD, Planned Commercial Development, to Revised PCD, Planned Commercial Development: Z -7603-H — Lot 3 Cantrell Falls Addition to the City of Little Rock, Pulaski County, Arkansas. SECTION 2. That the preliminary site development plan/plat be approved as recommended by the Little Rock Planning Commission. SECTION 3. That the change in zoning classification contemplated for 14910 Cantrell Road Revised Long -form PCD, located at 14910 Cantrell Road (Z -7603-H) is conditioned upon obtaining final plan approval within the time specified by Chapter 36, Article VII, Section 36-454 (e) of the Code of Ordinances. SECTION 4. That this Ordinance shall not take effect and be in full force until the final plan approval. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SECTION 5. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and designated district map be and is hereby amended to the extent and in the respects necessary to affect and designate the change provided for in Section 1 hereof. SECTION 6. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. SECTION 7. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. PASSED: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney // APPROVED: Mayor Page 2 of 2 R2 PD -0 PODS PCD `PD -O —� POD R2 .0 R2 zol.] J THIS SITE I pn PCD 0 I u O 0 PCD �C3 I PD -C V SCANTRekL PCD POD POD o 0 O o c p p Ir CL L a R2 a PCD o o o0 o � o PD I I POD R2 POD Area Zoning City of Little Rock Planning & Development Case: Z -7603-H Location: 14910 Cantrell Road Ward:5 N PD: 1 CT. 42.05 0 125 250 TRS: T2N R13W 19 Feet RL cz LJE/ =AZ i T U � Rl. ��yfi ti T 1 THIS SITE i f/JJ/J.✓J.,/� �- OF 1 I �� 1 PKIDS'j C PI C��rREit Rp 0 G= � p a o a C of o 7 C30Q o 0 o D QT so F=—_.17 Land Use Plan City of Little Rock Planning & Development Case: Z -7603-H Location: 14910 Cantrell Road Ward: 5 N PD: 1 CT. 42.05 0 125 250 TRS: T2N R13W 19 Feet lfpzd.doc APPLICATION FOR PLANNED ZONING DEVELOPMENT - LONG FORM CASE FILE NO. Z- X U8 PLANNING COMMISSION MEETING DOCKETED FOR April 7, 2016 at 4:00 p.m. 03/01/10 Application is hereby made to the Board of Directors of Little Rock, Arkansas through the Planning Commission pursuant to Arkansas law on City planning, Act 186 of 1957, Acts of Arkansas, and Section 36 of the Little Rock Code of Ordinances as amended, petitioning for classification of the following described area as a Long Form Planned Development. Legal Description, Attachment'A' Title to this property is vested in: 14910 Cantrell, LLC If an individual other than the title holder files this application, attachment of a letter is required authorizing this person to act on behalf of the title holder. It is desired that the boundaries shown on the District Map be amended and that this area be amended and that this area be reclassified from the present PCD District to Revised PCD District. Present Use of Property: PCD Desired Use of Property: PCD -To revise Layout It is understood that notice of the public hearing hereon before the Little Rock Planning Commission will be published at least fifteen (15) days prior to said hearing in a daily newspaper as required by Act 186 of the 1957 Acts of Arkansas and Section 23 of said Ordinance, and that notice of preliminary hearing before the Commission must be circulated by the applicant to all other parties in interest, including owners of land within 200 feet of the boundary of the area under consideration as required by the rules of the Commission, and that the cost of these notices shall be borne by the applicant. (OWNER)14910 Cantrell, LLC MAIL ADDRESS: 200 Casey Drive or (AGENT) Holloway Engineering, Surveying & Civil Design, PLLC HOME PHONE: (501) 681-3273 BUSINESS PHONE: (501) 851-3366 FILING FEE: P.C. APPROVED: Collectors P.C. DENIED: $ ; paid stamp BD. OF DIR. APPROVED: here ORDIN �. �--.J inn— Signal Ire ecr tary of Commission or Authorized AgetA ATTACHMENT `A LEGAL DESCRIPTION Land lying in the Northeast Quarter of the Northwest Quarter of Section 19, Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the found 518 inch rebar at the Northwest Cotner of the said Northeast Quarter of the Northwest Quarter, Section 19; thence along the North line of the said Northeast (Quarter South 87 degrees 50 minutes 52 seconds East for 253.88 feet to a found 112 inch pipe being the point of beginning; thence South 89 degrees 34 minutes 31 seconds East for 280.60 feet to a found 1 inch rebar; thence South 88 degrees 46 minutes 07 seconds East for 297.73 feet to a found 518" rear; thence leaving the said North line South 01 degrees 18 minutes 36 seconds West for 304.26 feet to a found 318" mbar; thence South 01 degrees 33 minutes 00 seconds West for 345.11 feet to a found nail which is also a point on the North Right -of -Way of Arkansas Highway 10 (Cantrell Road); thence continuing along said Right -of -Way North 89 degrees 54 minutes 47 seconds West for 113.56 feet to a found nail; thence North 78 degrees 42 minutes 39 seconds West for 1.01.60 feet to a found 518 inch rebar; thence North 69 degrees 34 minutes 59 seconds West for 87.61 feet to a found 112 inch rebar; thence North 68 degrees 56 minutes 19 seconds West for 300.63 feet to a found 112 inch rebar; thence leaving said Right -of -Way North 01 degrees 35 minutes 33 seconds East for 499.17 feet to the point of beginning containing 7.9371 acres more or less. Ifpzd.doc I AFFIDAVIT Steve Hockersmith, Managing Partner for 14910 Cantrell, LLC 03/01/10 certify by my signature below that 1 hereby authorize _ O O 1�t!•�9�'t eerfli,o to act as my agent regarding the Revised & Combined POA PCD at 94970 Cant ell Road of the below describedro ert . P P Y Property described as See Attachment'N 1.2 r signa" .;# of Tile Holder l Date Subscribed and sworn to me, a Notary Public on this i [lay of r�, acid Notary Public My Commission Expires: ATTACHMENT `A LEGAL DESCRIPTION Land lying in the Northeast Quarter of the Northwest Quarter of Section 19, Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the found 5/8 inch rebar at the Northwest Corner of the said Northeast Quarter of the Northwest Quarter, Section 19; thence along the North line of the said Northeast Quarter South 87 degrees 50 minutes 52 seconds East for 253.88 feet to a found 1/2 inch pipe being the point of beginning; thence South 89 degrees 34 minutes 31 seconds East for 280.60 feet to a found 1 inch rebar; thence South 88 degrees 46 minutes 07 seconds East for 297.73 feet to a found 518" rebar; thence leaving the said North line South 01 degrees 18 minutes 36 seconds West for 304.26 feet to a found 318" rebar; thence South 01 degrees 33 minutes 00 seconds West for 345.11 feet to a found nail which is also a point on the North Right -of -Way of Arkansas Highway 10 (Cantrell Road); thence continuing along said Right -of -Way North 89 degrees 54 minutes 47 seconds West for 113.56 feet to a found nail; thence North 78 degrees 42 minutes 39 seconds West for 101.60 feet to a found 5/8 inch rebar; thence North 69 degrees 34 minutes 59 seconds West for 87.61 feet to a foundl/2 inch rebar; thence North 68 degrees 56 minutes 19 seconds West for 300.63 feet to a found 1/2 inch rebar; thence leaving said Right -of -Way North 01 degrees 35 minutes 33 seconds East for 499.17 feet to the point of beginning containing 7.9371 acres more or less. INFORMATION SHEET FOR SUBDIVISION PZD's, ZONING OR SUBDIVISION SITE PLAN REVIEWS ITEM NO. /� DATE February 8, 2016 FILE NO. l 1P V 3 `44 NAME: Revised and Combined POD and PCD at 14910 Cantrell Road LOCATION: 14910 Cantrell Road on the right coming from 1-430 DEVELOPER: 14910 Cantrell, LLC STREET ADDRESS 1501 N. University, Suite 740 CITY/STATE/ZIP Little Rock, AR 72207-5236 TELEPHONE NO. 501-666-9629 ENGINEER: Holloway Engineering, Surveying & Civil Design, PLLC STREET ADDRESS 200 Casey Drive CITY/STATE/ZIP Maumelle, AR 72113 TELEPHONE NO. 501-851-3366 AREA NUMBER OF LOTS 4 FT. NEW STREET ZONING PCD PLANNING DISTRICT VARIANCES REQUESTED 1.) 2.) 3.) 4.) PROPOSED USES PCD CENSUS TRACT HOLLOWAY ENGINEERING Surveying, & Civil Design, PLLC I'Iur 1 upuCCT Rrgialrauon Arkaoea, Mi„is,ippi Louisiana Alabama Kanwis Ieeas ,ror Land Sum)or Regisnallou Alknn,as March 22, 2016 Donna James Subdivision Administrator City ol' Little Rock Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Rli: Revised and Combined 1301) and PCD at 14910 Cantrell Road, Little Rock, AR Dear Ms. ,lames, Plcase find attached the Hollowing for the above-rei'erenced project: 1. Notice of PIIblic I learing to property owners lying within 200 feet ol'boundary of' property. 2. The Certified Receipts from the Post Office dated March 22, 2016. 3. The Certified list orproperty owners from Standard Abstract and "Title Company. If you need further information regarding this project, please don't hesitate to call. Respectfully. 'B�C� a/�fg Brandi Arps Office: 200 Casey DrIve, Maunielle, .11t 721 13 Phonc: 51►1-851-3366 Fax: 5111 -851--3368 Email: admiil(i),lu,llowa.-ciig.corn lfpzd.doc NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON AN APPLICATION TO ESTABLISH A LONG -FORM PLANNED ZONING DEVELOPMENT To ALL owners of land lying within 200 feet of the boundary of the property located at: 14910 Cantrell Road, Little Rock, AR 72223 03/01/10 (GENERAL LOCATION OF PROPERTY ON WHICH THE PROPOSED PZD IS TO BE ESTABLISHED) 14910 Cantrell Road, Little Rock, AR 72223 (ADDRESS OF PROPOSED PZD LOCATION, IF AVAILABLE) Owned by: 14910 Cantrell, LLC (NAME OF OWNER) 1501 N. University, Suite 740, Little Rock, AR 72207-5236 (ADDRESS OF OWNER) Number of proposed lots: 4 ; Proposed use of property: PCD NOTICE IS HEREBY GIVEN THAT an application for a Planned Zoning Development (PZD) on the above property, requesting a change of zoning classification from PCD District to PCD -Revised District, has been filed with the Department of Planning and Development. A public hearing to consider the requested change in zoning classification and to review the proposed site development plan will be held by the Little Rock Planning Commission on April 7, 2016 at 4:00 P.M. in the Board of Directors Chamber, second floor, Little Rock City Hall, located at 500 W. Markham Street. ALL PARTIES IN INTEREST MAY APPEAR and be heard at the above cited time and place, or any party in interest may notify the Planning Commission of their views on this matter by letter. All persons interested in this request are invited to call or visit the Department of Planning and Development, located at 723 W. Markham St., phone, 371-4790, to review and discuss the application information with the Planning staff. Correspondence to the Planning Commission may be addressed to the Commission as a whole or to individual Commission members in care of the Little Rock Department of Planning and Development, 723 W. Markham St., Little Rock, AR 72201. AFFIDAVIT I hereby certify that I have notified all the property owners of record within 200 feet of the above property that subject property is being considered for rezoning and that a P lic Hearing is to be held by the Little Rock Planning Commission at the time and ce descr' ed a e. Applicant (Owner or Authorized Agent) (Date) I rpz(Ldoc NO'T'ICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON AN APPLICATION TO ESTABLISII A LONG -FORM PLANNEI) ZONING DEVELOPMENT To ALL owners of land lying within 200 feet of the boundary of the property located at: 03/01/10 14010 Cantrell Road, Ulllo Rock, AR 72223 WEN ERAL LOCATION OF PROPERTY ON WHICII THE PROPOSED PZD IS TO BE CSTABUSHt D) 14010 Centro I Road, Little Rock, AR 72223 (ADDRESS OF PROPOSED PZD LOCATION, IF AVAILABLE) Owned by: 14010 Cantrell, LLc (NAME OF OWNER) 1501 N. University, 9ulta 740, Little Rock, AR 72707.0290 (ADDRESS OF OWNER) Number of proposed lots: 4 ; Proposed use of property: NCn NOTICE IS HEREBY GIVEN THAT an application for a Planned Zoning Development (PZD) on the above property, requesting a change of zoning classification from PCD __ District to Pco_Rwrrd District, has been filed with the Department of Planning and Development, A public hearing to consider the requested change in zoning classification and to review the proposed site development plan will be held by the Little Rock Planning Commission on Ap U 7, 2010 , at 100 P.M. in the Board of Directors Chamber, second floor, Little Rock City Hall, located at 500 W. Markham Street, ALL PARTIES IN IN'T'EREST MAY APPEAR and be heard at the above cited time and place, or any party in interest may notify the Planning Commimian of their views on this matter by letter. All persons Interested lit this request arc invited to call or visit the Department of Planning and Development. located at 723 W. Markham St.. phone, 371.4790, to review and discuss the application information with the Planning staff. Correspondence to the Planning Commission may be addressed to the Commission as a whole or to individual Commission mcmben in care of the Little hock Department of Planning and Development, 723 W. Markham St., Little Rock, AR 72201. AFFIDAVIT I hereby certify that I hnvu notified n11 the property ownert, of record within 204 feel of the above property Thal subject property is being considered for rezoning and that n 1' tic Hearing is to be held by the Little Rock Planning Commission at the time andace descred a Applicant (Owner or Authorized Agent) (Nat ) ` Z- (Dtsle) r� mDomestic Mail Only Domestic .n m delivery Information. visit our wet)site at www.usjusxotnl� T-�r�r- /�j(�j�b �+q��7 q{��.] L. LI ISl WG i'I�t� Igt Ipj , �k72 L. 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(10 Postmark Here ©ReiumReCetA1 Fee (EndorsornentR lrud) .. $1),17{1] Postmark Here Restrkxod Onlivnty Fee M (ErWvrsoment Required} $ a— $0. ge9trlclad r7eriv¢ry Fee Tot r,I- Total For " 03/22/2016 -Iseer% JJCA-j4 r,-9, 14922 Cantrell Road r-- orPDBox Little Rock, AR 72223 WV. No r� O P0144 0113 M ru Cedined Fee $ fj • 00 07 C3 Aol-wnpeeetpE Fe¢ Postmark O (End MR $0,171fj Here O R¢atriCt¢d IY¢IWery Fee - p (Endwsemrnt Required) M Total Pool MEmma Jean Hughes, Trustee of the iwa?BM>}dsr Truglise3kd; urtdar the Horner & Jean Hughes Family rr onr o Revocable Trust & Emma Jean Hughes, Trustee of the Bypass Trust created under the Homer & Jean Hughes O goal a xP1 1 Family Revocable Trust P-- or POBOX f 4801 North Hills Boulevard, Apt 206 P ... North Little Rock, AR 72116 M U.5. Festal Service" ra For delivery Information, visit our wabsile at wwwwspsxornl�m UW -F-910 � U S r` r`PFC211D% � � l7 Poskie $' 0113 M M CERTIFIED rU Certified Fee $0. I'll) MAID RECEIPT ©ReiumReCetA1 Fee (EndorsornentR lrud) .. $1),17{1] Postmark Here p $ t; fTYt—� ge9trlclad r7eriv¢ry Fee Tot Domestic (Nail Only n7e ru ceruned Fee $0. 00 0 itarvm Receipt Foe For delivery information, (Endorsement Requkadj visit our website at vmAv,,o— --a r� O P0144 0113 M ru Cedined Fee $ fj • 00 07 C3 Aol-wnpeeetpE Fe¢ Postmark O (End MR $0,171fj Here O R¢atriCt¢d IY¢IWery Fee - p (Endwsemrnt Required) M Total Pool MEmma Jean Hughes, Trustee of the iwa?BM>}dsr Truglise3kd; urtdar the Horner & Jean Hughes Family rr onr o Revocable Trust & Emma Jean Hughes, Trustee of the Bypass Trust created under the Homer & Jean Hughes O goal a xP1 1 Family Revocable Trust P-- or POBOX f 4801 North Hills Boulevard, Apt 206 P ... North Little Rock, AR 72116 M - Q Domestic ra For delivery Information, visit our wabsile at wwwwspsxornl�m UW -F-910 � U S r` r`PFC211D% � � l7 Poskie $' 0113 M M 07 rU Certified Fee $0. I'll) BIR h'L 071 A L ©ReiumReCetA1 Fee (EndorsornentR lrud) .. $1),17{1] Postmark Here p $ t; fTYt—� ge9trlclad r7eriv¢ry Fee Tot (111 C3 (Endgsamenti'Mired) n7e ru ceruned Fee S Total P 1)3/22/2016 m '7 -r Som To George & erry Rothwell r-qc3 216 Atkins Road o Edi ai s .... rl-- or PO !1 Little Rock, AR 72211 ,....._ M Total P, 03/22/2016 -i- sent o Regiglhg7dank ---- c) -gkjgra• 250 Riverchase Parkway, Suite 600 -------- r- orPo6c Birmingham, AL 35244 Cir�S Sler--..... U.S. Postal Service-- r,u. CERTIFIED MAIL@ RECEIPT Co ,.mestic Mail Only M r` Postal Q PoAfi ; CERTIFIED MAILP RECEIPT M Domestic Mail Only ru .n C3 r3 M .. , f� r BIR h'L 071 A L U V; r9 i' $ M Po3 Tot (111 n7e ru ceruned Fee $0. 00 0 itarvm Receipt Foe Postmark O (Endorsement Requkadj $0 1711y Hera I_ Restricted CoWary Fee (Endorse montfiaqulred) r- . a- $(I. M Total P, 03/22/2016 -i- sent o Regiglhg7dank ---- c) -gkjgra• 250 Riverchase Parkway, Suite 600 -------- r- orPo6c Birmingham, AL 35244 Cir�S Sler--..... U.S. Postal Service-- r,u. CERTIFIED MAIL@ RECEIPT Co ,.mestic Mail Only M r` LITLF�OC;iFY3,�: fora Q PoAfi ; 11113 M 07 ru Ceruned Fee $0, ACI C3 r3 Return Receipt Fee 90 (Endorsement Ragnired)$1).(1(1 Postmark Here f� M(enckxsementRequired) Reslricted Do[" Fee - ' - i' $ M m Tot 03/22/2016 $6�4 ( Krishnan roperties, LLC o wQf 14 Spring Valley Lane or PC Little Rock, AR 72223 _ rarn�m:saUa„lnfy 2u.eG-See Reyeisn fur Ins[ri�ctions;I .n Domestic Only M Domestic m IZ3 B J a M r` rn U •�; aos aye' ,,l!��11��yy IIff a � "`11.310 F 12�� it L U 4113 m 111 $0.: I M P.146 07 0113 M $4.66 _ 117 ru Certified Fee 00.00 $0.1-1(1 OSol= a(EndorsomenlAagcIre* Relum Recelpt Fee on $0.001 Postmark Hero (EndorsemantAagvlredj C3 (Endowment Required) $1). Realrlctad DalWesy FOO ' Cr O (Endo semont iioqulredl C7 (Endmemont Regi j. s M Total Posh 03/22/2016 Ir M Total P,-- - 03/22/2016 nr P.O.P.O. Box 21410 $6.74 0 r� -I- sa"r a Southern Reel, LLC 113/22/2016 03°rrsarb-. P.O. Box 13267 ,-1 F- or PO Bc city siai Maumelle, AR 72113 MM ..... n Ir Domestic Only M Ln deis�ve-qWintor—maflon, IZ3 B J a M r` LXF PIP 122h L U M aos aye' ru Certi11edFee C3 4113 m 111 $0.: I (Endorsement RagrArocp C3 Postmark Hera 07 ru Cortifed Fee $4.66 O (EndorsomontRequked] Cerli led Fee GlReturn Recapt Fee (EndorsamontRequlrod) 00.00 $0.1-1(1 OSol= Postmark Here C7 Roskoed Dolivery Foo Postmark Hera (EndorsemantAagvlredj C3 (Endowment Required) $1). RestrkUd aallvery Feo Cr C7 (Endmemont Regi j. s M Total Posh 03/22/2016 Ir ¢,� FRFrGa�6ltrell Falls, LLC r-9 nr P.O.P.O. Box 21410 --j- 0 r� srrxerxww f, orPOBoxJY Little Rock, AR 72221 113/22/2016 GJty 51ia[o; z PS Form 360.0, July 2014 See - Reverse for Instructions. ,-1 Company, LLC Postal orPOBc 7 Valley Crest Cove CERTIFIED + m RECEIPT crit' 'siei Little Rock, AR 72223 a ru Domestic TM Postal M CERTIFIED© RECEIPT LITE p' '" RCR� U O E rq 0 PA@ �` 0113 M 07 Fu Certified Fee so 00 �7 Q(Endorsement Relum Rete pt Fee Required) $0.00 Postmark C3 Roalrfcled AetiveFab (Endorsement Roqryulrad) E' SU. _-r M Total Tommy E. Tucker, Trustee oMW2/2016 Tomrr$ L- tucker Revocable " Trust & Beane Tucker +=3rmar, 14919 Cantrell Road .... (ti orPO. wry s Little Rock, AR 72223 " o^ Domestic Mail Only Domestic Mail Only M _ � CF�j' deis�ve-qWintor—maflon, IZ3 B J a S 0113 M 07 $0.41-1 ru Certi11edFee C3 O © Return RecZe Fee Postmark Here 111 $0.: I (Endorsement RagrArocp C3 Postmark Hera C3 Ft"Irlclad Oefhrary Fee O (EndorsomontRequked] Cerli led Fee $0.001 4n ni-I 117 $n. OSol= M Total P T $6.74 03/22/2016 = Wylie Family Enterprises, LLC m wwx 13701 Colonel Glenn Road arAoa Little Rock, AR 72210 crry; sre m Domestic Mail Only Kz Ln deis�ve-qWintor—maflon, M For visit our website 0113 r- i L U S E C3 Postage a +j113r Postmark Hera C3 fU Cerli led Fee $0.001 4n ni-I (Endorsement Roquked) OSol= Aeoelpt Foo $131. f,Hl r Postmark Hera (EndorsemantAagvlredj RestrkUd aallvery Feo C7 (Endmemont Regi j. Ir Sll�l --j- Total Pe Q 113/22/2016 m Ir $6.74 o -r o Westwood Real Estate Development ,-1 Company, LLC r- orPOBc 7 Valley Crest Cove crit' 'siei Little Rock, AR 72223 TM Postal CERTIFIED© RECEIPT .n 0 VOM18SUC Mail Only .n M frl Total Poe 03/22/2016 en EastVgAals Arkansas 3920 Woodland Heights Road orrerrp i{j 9 r` erPo. Little Rock, AR 72212 CirDc 3rar�, ... LIT{Fai-V''9 Kz E:37Rewurn PoaTdA 0113 M 07 rutkledFee $(1 Ijll celptFee ' (Endorsemont Roqulred) $4. (Ill Postmark Hera C3 Rest rk led Oe' Foo p (Endorsement Roquked) Q' $(l, r frl Total Poe 03/22/2016 en EastVgAals Arkansas 3920 Woodland Heights Road orrerrp i{j 9 r` erPo. Little Rock, AR 72212 CirDc 3rar�, ... ,a - „n Domestic ..n M m POS C1113 fU Certified Fee t •� 07 dReium Recso Fee (Endmwant Raquked) . �4��� Postmark Here Rsstrtciad Da]Yery Fae © (Endorsamunt Regatred) rr x Total m 43/22/2016 -r F -r Ison 069ftevelopment, LLC oP.O. Box 242689 r- Little Rock, AR 72223 .r5 roan iuuu, ouiy eusa - - - . ,Irrrcllurrs STANDARD ABSTRACT & TITLE COMPANY, INC. 3420 Old Cantrell Road (P.O. Box 7411) Little Rock, AR 72202 (72217) Phone: (501) 664-1300 Fax: (501) 604-2619 The following is a list of apparent owners of property lying within 200 feet of the following described land: Lands lying in the NE1/4 of the NWI/4 of Section 19, Township 2 North, Range 13 West in the City of Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the found 5/8 -inch rebar at the Northwest corner of the said NE1/4 of the NWI/4 of said Section 19, thence along the North line of the said NEI/4, South 87 degrees 50 minutes 52 seconds East for 253.88 feet to a found %:-inch iron pipe being the point of beginning; thence South 89 degrees 34 minutes 31 seconds East for 280.60 feet to a found 1 -inch rebar; thence South 88 degrees 46 minutes 07 seconds East for 297.73 feet to a found 5/8 -inch rebar; thence leaving the said North line, South 01 degree 18 minutes 36 seconds West for 304.26 feet to a found 3/8 -inch rebar; thence South 01 degree 33 minutes 00 seconds West for 345.11 feet to a found nail which is also a point on the North right-of-way of Arkansas Highway 10 (Cantrell Road); thence continuing along said right-of-way, North 89 degrees 54 minutes 47 seconds West for 113.56 feet to a found nail; thence North 78 degrees 42 minutes 39 seconds West for 101.60 feet to a found 5/8 -inch rebar; thence North 69 degrees 34 minutes 59 seconds West for 87.61 feet to a found %Z -inch rebar; thence North 68 degrees 56 minutes 19 seconds West for 300.63 feet to a found'/2-inch rebar; thence leaving said right-of-way, North 01 degree 35 minutes 33 seconds East for 499.17 feet to the point of beginning; LESS AND EXCEPT that part thereof now platted as Lot 1 (also known as Lot 1-R) and Lot 4, Cantrell Falls Addition and Units 1 thru 5, (being a replat of Lot 3, Cantrell Falls Addition) Cantrell Falls Horizontal Property Regime all in the City of Little Rock, Pulaski County, Arkansas. 1. Unit 1, Cantrell Falls Plaza Horizontal Property Regime to the City of Little Rock, Pulaski County, Arkansas. (OWNER -- Wylie Family Enterprises, I,LC, 13701 Colonel Glenn Road, Little Rock, AR 72210) 2. Units 2, 3, 4 and 5, Cantrell falls Plaza Horizontal Property Regime to the City of Little Rock, Pulaski County, Arkansas. (OWNER — Southern Reel, I,LC, 11.0. Box 13267, Maumelle, AR 72113) 3. Lot 4, Cantrell Falls Addition to the City of Little Rock, Pulaski County, Arkansas. (OWNF,R — Westwood Real Estate Development, Company, LLC, 7 Valley Crest Cove, Little Rock, AR 72223) Page -2- 4. Lot I (also being known as Lot 1-R), Cantrell f=alls Addition to the City of Little Rock, Pulaski County, Arkansas. (OWNER — FRP Cantrell Falls, LLC, P.O. Box 21410, Little Rock, AR 7222 1) 5. Lot 1, Highway 10 Subdivision to the City of Little Rock, Pulaski County, Arkansas. (OWNER — Easter Seals Arkansas, 3920 Woodland Heights Road. Little Rock, AR 72212) 6. Part of the NEIA of the NW 1/4 of Section 19, Township 2 North, Range 13 West in the City of Little Rock, Pulaski County, Arkansas, more particularly described as follows: Beginning at the Northwest corner of Lot 1, Highway 10 Subdivision, said corner lying on the South right-of-way of Arkansas State Highway No. 10 (Cantrell Road); thence South 01 degree I 1 minutes 50 seconds West along the West line of said Lot 1, 584.94 feet to the Southwest comer thereof, said corner lying on the North line of Lot 26, Westchester Subdivision; thence North 88 degrees 42 minutes 16 seconds West along the North line of said Lots 26 and 27 said Westchester Subdivision 172.69 feet; thence North 88 degrees 51 minutes 16 seconds West continuing along the North line of said Lot 27 and along the North line of Lot 44 said Westchester Subdivision 116.08 feet; thence North 01 degree 19 minutes 06 seconds East 678.95 feet to a point on the said South right-of-way line of Arkansas State Highway No. 10 (Cantrell Road); thence South 69 degrees 55 minutes 12 seconds East along said South right-of-way line 276.68 feet; thence South 78 degrees 27 minutes 26 seconds East continuing along said South right- of-way line 25.97 feet to the point of beginning. (OWNER -- George Rothwell and "ferry 1. Rothwell, his wife, 216 Atkins Road, Little Rock, AR 72211) 7. Part of the NEI/4 of the NW i/4 of Section 19, Township 2 North, Range 13 West in the City of Little Rock, Pulaski County, Arkansas, more particularly described as follows: Beginning 180 feet East and 428.1 feet North of the Southwest corner of said NE 1/4 NW1/4, thence North parallel to the West line of said NEI/4 NW 1/4 a distance of 333 feet to a point on the Southerly right-of-way of Arkansas State highway No, 10 (Cantrell Road) thence Southeasterly along the South line of said Arkansas State Highway No. 10 (Cantrell Road) a distance of 91 feet to a point; thence South parallel to the West line of said NEIA NW 1/4, 299.8 feet to a point; thence West parallel to the South line of said NEIA NW1/4 a distance of 85 feet to the point of beginning AND All that part of the East 150 feet of the El/2 of the W1/2 of the W I/2 of the NEI/4 o f the NW1/4 of Section 19, Township 2 North, Range 13 West, Section 19, Township 2 North, Range 13 West, lying South of Arkansas State Highway No. 10 (Cantrell Road) in the City of Little Rock, Pulaski County, Arkansas; LESS AND EXCEPTthat part thereof lying in the right-of-way of Arkansas State highway No. 10 (Cantrell Road). (OWNER —Tommy E. Tucker, Trustee of The Tommy E. Tucker Revocable Trust (1/2 interest) and Ileane "fucker (1/2 interest), 14919 Cantrell Road, Little Rock, AR 72223) Page -3- 8. Lot 1, Miracle Acres Subdivision to the City of Little Rock, Pulaski County, Arkansas. (OWNER — First Security Bank, P.O. Box 1009, Searcy, AR 72145) 9. Lot "A", Regions Subdivision to the City of Little Rock, Pulaski County, Arkansas - (OWNER — Regions Bank, 250 Riverchase Parkway -- Suite 600, Birmingham, AL 35244) 10. Lot B -1-R, Regions Subdivision to the City of Little Rock, Pulaski County, Arkansas. (OWNER — JJC, LLC, 14922 Cantrell Road, Little Rock, AR 72223) 11. Lot B -2-R, Regions Subdivision to the City of Little Rock, Pulaski County, Arkansas. (OWNER — Krishnan Properties, LLC, 14 Spring Valley Lane, Little Rock, AR 72223) 12. The West 53.30 acres of the S 1/2 of the SW 1/4 of Section 18, Township 2 North, Range I3 West in the City of Little Rock, Pulaski County, Arkansas; LESS AND EXCEPT Beginning at the Southwest corner of said Section 18, thence South 87 degrees 33 minutes 56 seconds East along the South line of said Section 18 for 208.18 feet to a point on the Westerly right-of-way line of Rummell Road; thence continuing South 87 degrees 33 minutes 56 seconds East 29.47 feet to point on centerline of Rummell Road; thence North 29 degrees 32 minutes 47 seconds West along said centerline 40.92 feet; thence North 41 degrees 03 minutes 29 seconds West along said centerline 52.26 feet; thence North 48 degrees 38 minutes 22 seconds West along said centerline 243.78 feet to West line of said Section 18; thence South 00 degrees 24 minutes East along said West line 71,11 feet to a point on the Southerly right-of-way of Sorrell Drive; thence continuing South 00 degrees 00 minutes 24 seconds East along said West line 154.91 feet, more or less, to the point of beginning; ALSO LESS AND EXCEPTCommencing at the Southeast corner of the SE 1/4 of the SWIA of Section 18, Township 2 North, Range 13 West, thence North 87 degrees 40 minutes 51 seconds West a distance of 331.43 feet to a chiseled X; thence North 87 degrees 57 minutes 00 seconds West a distance of 159,57 feet to a `/2 -inch rebar; thence North 88 degrees 38 minutes 31 seconds West a distance of 191.83 feet to a Y2 -inch rebar as the point of beginning; thence North 88u degrees 54 minutes 22 seconds West a distance of 310.74 feet to a 3/a -inch pipe; thence South 88 degrees 34 minutes 23 seconds West a distance of 19.28 feet to a set 1/2- inch rebar with a cap and number of 1401; thence North 01 degree 43 minutes 30 seconds East a distance of 1285.27 feet to a set %-inch rebar with cap and number of 1401; thence North 01 degree 43 minutes 30 seconds East a distance of 35.05 feet to a set 1/2 -inch rebar with Cap 1403; thence South 88 degrees 24 minutes 56 seconds Fast a distance of 186.55 feet to a set'/2-inch rebar/cap 1401; thence South 87 degrees 49 minutes 59 seconds East a distance of 143.46 feet to an axle; thence South 01 degree 43 minutes 35 seconds West Page -4- a distance of 311.71 feet to a set '/z -inch rebar with a cap and number of 1401; thence South 01 degree 43 minutes 35 seconds West a distance of 1003.47 feet to the point of beginning. (OWNER - Emma Jean Hughes, Trustee of the Marital Deduction Trust created under the Homer and Jean Hughes Family Revocable Trust (11.2% interest) and Emma .lean Hughes, Trustee of the Bypass Trust created under the Homer and Jean Hughes Family Revocable Trust (88.8% interest), 4801 North Hills Boulevard — Apartment 206, North Little Rock, AR 72116) 13. Part of the S 1/2 of the SW 1/4 of Section 18, Township 2 North, Range 13 West in the City of Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the Southeast corner of the SEI/4 SW IN of said Section, thence North 87 degrees 40 minutes 51 seconds West a distance of 33 L43 feet to a chiseled X; thence North 87 degrees 57 minutes 00 seconds West a distance of 159.57 feet to a %-inch rebar; thence North 88 degrees 38 minutes 31 seconds West a distance of 191.83 feet to a %-inch rebar as the point of beginning; thence North 88 degrees 54 minutes 22 seconds West a distance of 310.74 feet to a'/4 -inch pipe; thence South 88 degrees 34 minutes 23 seconds West a distance of 19.28 feet to a set %z -inch rebar with a cap and number 1401; thence North 01 degree 43 minutes 30 seconds East a distance of 1285.27 feet to a set 1/2 -inch rebar with cap and number of 1401; thence North 01 degree 43 minutes 30 seconds East a distance of 35.05 feet to a set''/2-inch rebar with cap 1403; thence South 88 degrees 24 minutes 56 seconds East a distance of 186.55 feet to a set 117- inch rebar/cap 1401; thence South 87 degrees 49 minutes 59 seconds East a distance of 143.46 feet to an axle; thence South 01 degree 43 minutes 35 seconds West a distance of 311.71 feet to a set 1/2 -inch rebar with a cap and number of 1401; thence South 01 degree 43 minutes 35 seconds Wet a distance of 1003.47 feet to the point of beginning. (OWNER — Ison Creek Development, LLC, P.O. Box 242689, Little Rock, AR 72223) 14. Part of the W l /2 of the E1 /2 of the SETA of the SW 1/4 of Section 18, Township 2 North, Range 13 West in the City of Little Rock, Pulaski County, Arkansas, being more particularly described as follows; Commencing at the Southeast corner of the SEI/4 SWIA of said Section 18, thence North 87 degrees 40 minutes 51 seconds West a distance of 331.43 feet to a chiseled X as the point of beginning; thence North 87 degrees 57 minutes 00 seconds West 159.57 feet to a `/Z -inch rebar; thence North 88 degrees 38 minutes 31 seconds West a distance of 191.83 feet to a''/z-inch rebar; thence North 01 degree 43 minutes 35 seconds East a distance of 1003.47 feet to a set 1/2 -inch rebar with a cap and number of 1401; thence South 42 degrees 58 minutes 32 seconds East a distance of 76.09 feet to a point; thence South 84 degrees 55 minutes 55 seconds East a distance of 84.22 feet to a point; thence South 69 degrees 08 minutes 12 seconds East a distance of 113.99 feet to a point; thence North 22 degrees 36 minutes 51 seconds East a distance of 80.11 feet to a set '/z -inch rebar with cap and number of 1401 and the beginning of a curve to the left, having a chord bearing of North 10 degrees 46 minutes 59 seconds East, chord distance of 51.26 feet and a radius of 125.00 feet to a set '/i -inch rebar with a cap Page -5- and number of 1401; thence North 01 degree 02 minutes 53 seconds West a distance of 192.69 feet to a set %z -inch rebar with a cap and number of 1401 and the beginning of a curve to the right, having a chord bearing of North 10 degrees 18 minutes 16 seconds East, chord distance of 68,9 feet and a radius of 175.00 feet to a set %-inch rebar with a cap and number of 1401; thence North 01 degree 48 minutes 02 seconds East a distance of 41.13 feet to a set %Z -inch rebar with a cap and number of 1401; thence North 87 degrees 51 minutes 49 seconds East a distance of 70.17 feet to a 5/8 -inch rebar; thence South 01 degree 47 minutes 32 seconds West a distance of 1338.68 feet to the point of beginning. (OWNER — Ison Creek Development Company, LLC, P.O. Box 242689, Little Rock, AR 72223) This is not to be construed as a Title Certificate, Title Opinion or Title Insurance. Our liability is specifically limited to the amount paid for this service. NOTE: We cannot certify as to the accuracy of the mailing addresses because they were taken from the Tax Records of the Pulaski County Assessor's Office. CERTIFIED this 2"d clay of March, 2016 at 12:00 P.M. STANDARD ABSTRACT AND TITLE COMPANY, INC. Amanda E. "Liz" Humphrey Vice President s/aeh SS-BS455 James, Donna From: Keith Wingfield <kawingfield@comcast.net> Sent: Friday, May 6, 2016 12:00 PM To: 'Steven Hockersmith' Cc: James, Donna Subject: Cantrell Falls Lot 3 Steve Please accept this letter as confirmation of our agreement to endorse and accept the recently completed improvements to the landscaping at the building located at Lot 3 Cantrell Falls off Cantrell Road. We are pleased with the efforts to further screen the building from the subdivision we are developing to the north. We support your application to allow the metal wall panels to remain on the building subject to the continued maintenance of the landscaped area including seeding, mulching, and ongoing operation of the irrigation system. Further, completion of the screening of the mechanical units located on the roof needs to be completed to gain our continued endorsement. We appreciate you working with us to find an acceptable solution that serves to create the necessary buffer between the two properties. Sincerely, Keith A. Wingfield, CGB, CGP, LEED AP River Rock Builders, LLC P. O. Box 242689 Little Rock, AR 72223 501-416-8986 cell www. riverrockbuilders. net River Rock City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A USE CHANGE OR DEVELOPMENT OF LAND March 4, 2016 Tulley Cove Neighborhood Association Mr. Ken Harrison 5504 Tulley Cove Little Rock, AR 72223 REQUEST: 14910 Cantrell Road Revised Long -form PCD Z -7603-H , a request to revise the previously approved Planned Commercial Development to allow the removal of the requirement there be no exposed metal on the rear of the building containing All about Tire and Breaks and to allow a revision to the previously approved site plan for Lot 2 to allow the placement of ground level retail (19,925) and upper level office (6,100 sauare feet) GENERAL LOCATION OR ADDRESS: 14910 Cantrell Road OWNED BY/APPLICANT: Hollowav Enqineerinq Surveying and Civil Design Agent (501.851.336(3] NOTICE IS HEREBY GIVEN THAT an application for a Planned Zoning Development of the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L.R. Planning Commission in the Little Rock Board of Directors Chambers, second floor, City Hall, 500 West Markham Street, on April 7, 2016 at 4:00 P.M. This notice is provided in order to assure that neighborhood associations are aware of issues that may affect their neighborhood. Information requests should be directed to the Planning staff at 371-4790. Tony Bozynski Director of Planning and Development City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A USE CHANGE OR DEVELOPMENT OF LAND March 4, 2016 Westchester Heather Property Owners Association Mr. Mike Saar 14316 Taylor Loop Road Little Rock, AR 72223 REQUEST: 14910 Cantrell Road Revised Lon -form PGD Z -7603-H . a request to revise the previously approved Planned Commercial Development to allow the removal of the requirement there be no exposed metal on the rear of the building containing All about Tire and Breaks and to allow a revision to the previously approved site plan for Lot 2 to allow the placement of ground level retail (19,925) and upper level office (6,100 uare GENERAL LOCATION OR ADDRESS 14910 Cantrell Road OWNED BY/APPLICANT: Holloway Enaineerina Surveying and Civil Design Agent 1.851.3366 NOTICE IS HEREBY GIVEN THAT an application for a Planned Zoning Development of the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L.R. Planning Commission in the Little Rock Board of Directors Chambers, second floor, City Hall, 500 West Markham Street, on April 7, 2016 at 4:00 P.M. This notice is provided in order to assure that neighborhood associations are aware of issues that may affect their neighborhood. Information requests should be directed to the Planning staff at 371-4790. Tony Bozynski Director of Planning and Development City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A USE CHANGE OR DEVELOPMENT OF LAND March 4, 2016 Pinnacle Valley Neighborhood Association Mr. Nicholas Alsop 6 Waterford Drive Little Rock, AR 72223 REQUEST: 14910 Cantrell Road Revised Long -form PCD Z -7603-H a request to revise the previously approved Planned Commercial Development to allow the removal of the requirement there be no exposed metal on the rear of the building containing All about Tire and Breaks and to allow a revision to the previously approved site plan for Lot 2 to allow the placement of ground level retail (19,925) and upper level office (6,100 square feet) GENERAL LOCATION OR ADDRESS: 14910 Cantrell Road OWNED BY/APPLICANT: Holloway Engineering Surveying and Civil Design Agent (501.851.3366) NOTICE IS HEREBY GIVEN THAT an application for a Planned Zoning Develomeet of the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L.R. Planning Commission in the Little Rock Board of Directors Chambers, second floor, City Hall, 500 West Markham Street, on April 7, 2016 at 4:00 P.M. This notice is provided in order to assure that neighborhood associations are aware of issues that may affect their neighborhood. Information requests should be directed to the Planning staff at 371-4790. Tony Bozynski Director of Planning and Development PDC Donna James Subdivision Administrator City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 REAL ESTATE CONSTRUCTION MANAGEMENT RE: This is Cantrell Falls Development which is a Combination and Revisions of a Planned Office Development and a Planned Commercial Development located at 14910 Cantrell Road in the City of Little Rock, Arkansas. Dear Ms. James 14910 Cantrell, LLC wishes to revise the current PCD for Cantrell Falls Addition. We are requesting two (2) separate issues be considered by the Planning Commission. The development completed and located on Lot 3 contains an approximate 10' strip of green ribbed metal siding located on the upper portion of the rear of the building. It was discovered in an email back in 2012, between Mark Redder, engineer for the project, and Donna James, City of Little Rock Subdivision Administrator, that in describing the proposed building, Mr. Redder made a statement that there would be no exposed metal. That comment was in an effort to describe to the City that the tenant, All About Tire & Brake, would not have a building that gave an overall appearance of a "metal repair garage" but would be of high quality, nice looking and would be appropriate in a neighborhood setting. Throughout the entire process of meetings with the City of Little Rock, architects, engineers and including obtaining the final "Certificate of Occupancy", all inspections were made and approved and no one took issue with the plans, or raised any concerns during conversations, regarding the exterior materials to be used on the building. We are simply asking for a revision to accept the building in its present condition, eliminating the requirement that there be no exposed metal on the rear of the building. There is extensive landscape screening on the north side of the building. A landscape buffer consisting of approximately Fifty (50) 8' to 10' feet tall Nigra American Arborvitae (see attached) were planted behind the building along the property line that buffers a 50' foot buffer for the development to the north. At maturity these trees will grow to reach 25' to 35' feet tall. We respectfully request that the relatively small section of siding be allowed to remain 1501 North University, Suite 740 • Little Rock, Arkansas 72207 ■ Phone: 501.666.9629 a Fax: 501.666.3559 www.pdccompanies.com • www.pdcconstruction.net 2. Lot 2 of the Cantrell Falls Addition's PCD currently allows for a total of 29,200 Square feet of 0-3 office with 2,900 square feet of allowable retail commercial to be built on the site. The owner is requesting to reduce the overall square footage of the current PCD to 26,025 square feet. The 26,025 square feet would include 19,925 square feet of C-1 Neighborhood Retail to be located on the ground floor, and a potential of 6,100 square feet of 0-3 Office is proposed to be located on the second level. The C-1 Neighborhood retail would include allowing a conditional use for a "DaySpa. The building would be a continuation of the project located on Lot 3 in general appearance. We have developed our property with good quality tenants and have found that in the Highway 10 corridor, because of the limited commercial nodes available, there is a much greater need for retail services to serve the citizens along the Highway 10 corridor, than there is for adding additional office space. We also believe that neighborhood retail will generate a much less intense use from a standpoint of traffic coming in and out of our site and. Also, for the record, I am seeking confirmation of approval for the "Cantrell Falls" lettering attached to the top of the "water feature" located in the common area that was required for the development. The lettering on the "water feature" to identify the development was a part of the discussions with the City during the approval process but was not specifically identified as a part of the water feature. If you have any questions, please do not hesitate to call f' Resp fxilly, ' r� Steve Hockerimith, 14910 Cantrell, LLC Cc: Mark Redder Elizabeth S. Small 419. IS RETA19 L LEASE SPACE t9.925 SF i PI F.F.ELE,V.320.5 IBM rnr) LOr2 CANTRELL FAILS ADDMON 23"ACRES (ID4,5W.44 SF) r 12 II 11 9 A ADD 'm AS no 5893 RECORD OF CO.,AR KING T4'51"W L 90.75' i Iii -78,91' -W Lg--79.86'W Rm.W s' - i . - 7 1 F I "--- W---Pw 41411 F j" ` : r �. .. mi=l w�" w '. -:_ � .`_, .�,�,�,,�-, �;. �r r■7 . ^ -•'`�"�i'A'r''•"'��pC•s�{"�• _ • � ��"''4� i`} y--- r��.,i a�� ?I`�,'�`t •'�'Pr • `°� - VIE, .i�i'j• _ i - ' X1.:1 ts•+_ -{r� rr;,��' _ T-.�•_--•:_4a: •'�_.._ _ i l .w•Ova-R�..[IeWu[.0. ESi2L a uBHJtl 'B[[ew�oX 011VIXIS II24ul?D' MG -K W% pB;ou :BIBpe 99EE-SSB ISB$) BBBnSJQ ABBB� 002 •,V &uncyj I49glna 51oo*S 91=1 9ip2/9S/2:B;.p Dlld'u61ea4 IIMD18'6ujrgung pgCS II24ug0 OLS -K 49B 40J V (30J X,I:p.XpB�p ONIE133NION3 AVMOTIOH il2ulquuo0 pug PgGpw2l lu$ .up[asr.a ;.p wr :Aa eXp c oR'e$mc SQ R o.,'e��P�. 'e$«s Aga o epi.«��:<��tAia�e .2^ 'C•' 31, _ Sig � � gig $ .•� �•� Lk� qq@� RyE4L :• a a e� e IE u alozrcsr Nigra American Arborvitae on the Tree Guide at arborday.org 0 Arbor DIX Foundation Related Sites v Nigra American Arborvitae Thuja occidentalis 'Nigra' Page 1 of 2 A cultivar of the American arborvitae, the Nigra American arborvitae is a narrow, pyramidal evergreen that provides plenty of landscaping versatility. It is a natural choice for windbreaks and privacy screens, requires almost no care when used as a hedge or screen, stands out as an excellent accent, and adapts well to pruning. The most notable difference this arborvitae brings to the yard is dark green foliage that persists throughout the winter months. Hardiness Zones The nigra american arborvitae can be expected to grow in Hardiness Zones 3-7. view Map Tree Type Mature Size The Nigra American arborvitae grows to a height of 20-30' and a spread of 4-10' at maturity. http://v ww.arborday.org/trees/treeguide/TreeDetail.cfm?ItemID=1203 2/25/2016 Nigra American Arborvitae on the Tree Guide at arborday.org Growth Rate 001 This tree grows at a slow rate, with height increases of less than 12" per year. Page 2 of 2 Sun Preference Full sun and partial shade are best for this tree, meaning it prefers a minimum of 4 hours of direct, unfiltered sunlight each day. 4 Soil Preference The Nigra American arborvitae grows well in acidic, alkaline, loamy, moist, rich, sandy, silty loam, well -drained, wet and clay soils. Attributes This tree: • Features tiny, scale -like leaves that are packed closely together in overlapping rows on branchlets, displaying in a flattened, fan-like spray. • Maintains its dark green throughout the winter. • Adapts well to pruning. • Yields seed cones that are not particularly showy. • Can be planted 3' apart for a low -maintenance hedge. • Tolerates air pollution. • Should be protected from drying winds and dry soil. • Grows in a pyramidal shape. http://www.arborday.org/trees/treeguide/TreeDetail.cfm?ItemID=1203 2/25/2016 S]NVH8R3!llLlflOflVll7 s, F s11VJ 113H1NVO till � '— I E I til — .;fid;. �r - �; I t...j .91, :S II: �d I!# W _yA 71 4 � i � i � r'f:r �lii i 1{i y]i 1� T�% i� ,1 • _ � � `•s , 1' s ��:. ' gym: ►? � ��f , t a 15 �w �� �'s C•. fr i —T,� ,.1..1.....- 4, 1= J I'll €� gjC ey y 9 is { t .o�•C_a-t,. III —I Mt EIFU `111anaflPII. 'SI O.s ePii-IW I'm a,1A Ann OQ O77 'rvo?i FIJUV9 02-K U04 .+V'f4uno� movInd Vow l ply' l QIw9F/?A;,p Dili'Asc4 No voup vng 1 OWN 1194" Ole -vi Ogg MIA v 40d an.PisPtV� ONId33NI9N3ANMO-nOH 1Vi lWS/IN! si Id` :VO b.P P1 OIL iier" • � .aa S pE BH� � � pSE.}ijaii •Nara= �� � a 41 gg - gg.£ c;S g��a��E� �gg:�'��p•i�.»iR� '$fie ':=3 8 ss ` •sia H�-i i'�i gi,rrf ;ii Ali d ;i is Nigra American Arborvitae on the Tree Guide at arborday.org • rye Afl)Ot- Y),,i )i'owidattoti Related Sites Nigra American Arborvitae Thuja occidentalis 'Nigra' Page 1 of 2 A cultivar of the American arborvitae, the Nigra American arborvitae is a narrow, pyramidal evergreen that provides plenty of landscaping versatility. It is a natural choice for windbreaks and privacy screens, requires almost no care when used as a hedge or screen, stands out as an excellent accent, and adapts well to pruning. The most notable difference this arborvitae brings to the yard is dark green foliage that persists throughout the winter months. Hardiness Zones •�The nigra american arborvitae can be expected to grow in Hardiness Zones 3-7. view Map FES Tree Type Mature Size The Nigra American arborvitae grows to a height of 20-30' and a spread of 4-10' at maturity. littp:H/ ,,,Nvw.arborday,org/trees/treeguide/TreeDetail.cfm?ItemID=1203 2/25/2016 Nigra American Arborvitae on the Tree Guide at arborday.org Page 2 of 2 Growth Rate 0� This tree grows at a slow rate, with height increases of less than 12" per year. Sun Preference Full sun and partial shade are best for this tree, meaning it prefers a minimum of 4 hours of direct, unfiltered sunlight each day. Soil Preference The Nigra American arborvitae grows well in acidic, alkaline, loamy, moist, rich, sandy, silty loam, well -drained, wet and clay soils. Attributes This tree: • Features tiny, scale -like leaves that are packed closely together in overlapping rows on branchlets, displaying in a flattened, fan-like spray. • Maintains its dark green throughout the winter. • Adapts well to pruning. • Yields seed cones that are not particularly showy. • Can be planted 3' apart for a low -maintenance hedge. Tolerates air pollution. • Should be protected from drying winds and dry soil. • Grows in a pyramidal shape. littp:Hw,,v-�v.arborday.org/trees/treeguide/TreeDetail.cfm?ItemlD=1203 2/25/2016 Donna James Subdivision Administrator City of Little Rock Department of Planning and Development 723 West Markham Street I.,ittle Rock, Arkansas 72201-1334 REAL ESTATE CONSTRUCTION MANAGEMENT RB: This is Cantrell Falls Development which is a Combination and Revisions of a Planned Office Development and a Planned Con-unercial Development located at 14910 Cantrell Road in the City of Little Rock, Arkansas. Dear Ms. James 14910 Cantrell, LLC wishes to revise the current PCD for Cantrell Falls Addition. We are requesting two (2) separate issues be considered by the Planning Commission, 1. The development completed and located on Lot 3 contains an approximate 10' strip of green ribbed metal siding located on the upper portion of the rear of the building. It was discovered in an email back in 2012, between Mark Redder, engineer for the project, and Donna James, City of Little Rock Subdivision Administrator, that in describing the proposed building, Mr. Rcdder made a statement that there would be no exposed metal. That comment was in an effort to describe to the City that the tenant, All About Tire & Brake, would not have a building that gave an overall appearance of a "metal repair garage" but would be of high quality, nice looking and would be appropriate in a neighborhood setting. Throughout the entire process of meetings with the City of Little Rock, architects, engineers and including obtaining the final "Certificate of Occupancy", all inspections were made and approved and no one took issue with the plans, or raised any concerns during conversations, regarding the exterior materials to be used on the building. We are simply asking for a revision to accept the building in its present condition, eliminating the requirement that there be no exposed metal on the rear of the building. There is extensive landscape screening on the north side of the building. A landscape buffer consisting of approximately Fifty (50) 8' to 10' feet tall Nigra American Arborvitae (see attached) were planted behind the building along the property line that buffers a 50' foot buffer for the development to the north. At maturity these trees will grow to reach 25' to 35' feet tall. We respectfully request that the relatively small section of siding be allowed to remain 1501 North University, Suite 740 ® Little Rock, Arkansas 72207 e Phone:501.666.9629 a Fax: 501.666.3559 www.pdccompanies.corn a www.pdcconstruction,net 2. Lot 2 of the Cantrell Falls Addition's PCD currently allows for a total of 29,200 Square feet of 0-3 office with 2,900 square feet of allowable retail commercial to be built on the site. The owner is requesting to reduce the overall square footage of the current PCD to 26,025 square feet. The 26,025 square feet would include 19,925 square feet of C-1 Neighborhood Retail to be located on the ground floor, and a potential of 6,100 square feet of 0-3 Office is proposed to be located on the second level. The C-1 Neighborhood retail would include allowing a conditional use for a "DaySpa. The building would be a continuation of the project located on Lot 3 in general appearance. We have developed our property with good quality tenants and have found that in the Highway 10 corridor, because of the limited commercial nodes available, there is a much greater need for retail services to serve the citizens along the Highway 10 corridor, than there is for adding additional office space. We also believe that neighborhood retail will generate a much less intense use from a standpoint of traffic coming in and out of our site and . Also, for the record, I am seeking confirmation of approval for the "Cantrell Falls" lettering attached to the top of the "water feature" located in the common area that was required for the development. The lettering on the "water feature" to identify the development was a part of the discussions with the City during the approval process but was not specifically identified as a part of the water feature. If you have any questions, please do not hesitate to call Respetf dly, Steve Hockersinith, 11910 Cantrell, LLC Cc: Mark Redder Elizabeth S. Small Adm �77K�ilF�i .•a4 yJ I i • i RETAIL LEASE SPACE 19.925 SFTi F.F.ELE,V.320.6 i S '�� a I Al ! I r I I I I 47 IO-dd' A0 A a ! CANTRELs., FALLS w ADDMON } ! 2.399 ACRES 1 (104,5M.44SF) '� � -' _ � � .fiy - � !'3.8�l11 TARY `'1•J 'I r��� SCMCR CA:C,LNT1"15'47ffW 34-24' I ! ` 1, >:•? . 1 s i. r:$ •:�i •'� ! X. 4'.y , / f r � •. r.; .: _ ••::s'.�rr•..rrr.:•:Lti• rr � •`i."•t� v: % � I 3 r,• :S Wit' f .tik r;,. y>t., •�. 1 Eti,;tl rj.'. - '{'. .•..� I .i A�77.WI LOT 1-1t '`.� ? ::: 1+011t Ari ; ! �, °04'51`W irj si 9�% ,3by Anti i t 48 90.75' RDWAS'.: _ _• RECORD OF F ULCO.,ARpp" � :i•ti 1 i 'r 'j:::�"ter ... j f : {''�•,j �', A-78.91' g. 1.78,86' :7:;, ! I +• v V7 �::. tit•.. •. '' :r.:':: KING 1i�93.44 1.SY� !rt Ytil I I S 'fir .t.:...... ;,.;.LM I FAU4a .s•'S{ �tpl r ki PU I'm I }�5� R 1 S• 1� �R I h•t 1 �'r ti' + e ; d THIS INSTRUMENT PREPARED BY AND AMR RECORDING RETURN TO: Timothy W. Grooms, Esq. Quattlebaum, Grooms, Tull & Burrow PLLC 111 Center Street, Suite 1900 Little Rock, Arkansas 72201 (501) 379-1700 2014052420 Received: 9110!2014 8:15:43 AM Recorded: 09/1012014 0$:30:2" AM Filed & Recorded in Official Records of harry Crane, PULASKI COUNTY CIRCUIDCOUNTY CLERK Fees $135,00 ". t, `j 111111111111II!!,r ••�'F1E CIS, 'r.. 2013 AMENDED AND RESTATED DECLARATION OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND THIS DECLARATION OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND (the "Declaration") is made as of the —/&f "day of March, 2013, by 14910 CANTRELL, LLC, an Arkansas limited liability company ("Grantor") and the Declaration is consented to in all respects by FRP CANTRELL FALLS, LLC, an Arkansas limited liability company, the Owner of a portion of the property encumbered by this Declaration, as set forth below ("FRP"). WITNESSETH: WHEREAS, Grantor and FRP are the owners of those certain tracts of land situated in the City of Little Rock, Pulaski County, Arkansas, which have either been platted (as to Lot 1) or will be platted with the City of Little Rock and identified as Lot 1 (FRP), Lot 2, Lot 3 and Lot 4 (Grantor) (singularly, a "Lot" and collectively, the "Lots") of Cantrell Falls Subdivision to the City of Little Rock, Arkansas, in the manner set forth on the plan attached hereto as Exhibit A (consisting of five (5) pages)(collectively, the "Shopping Center"), said tracts being more particularly described in Exhibits Bl, B2, B3 and B4, hereof, respectively and the overall Shopping Center being identified on Exhibit B5 hereof, WHEREAS, Grantor and FRP contemplate the sale of all or a portion of the Shopping Center; WHEREAS, Grantor and FRP wish to declare and reserve certain easement rights for the benefit of current and future owners of the Shopping Center that will run with and be appurtenant to said tracts and impose certain obligations and restrictions that will burden and also run with the land; and 1149/1 703/Cantrell_Falls_ECRT WGv 15 WHEREAS, Grantor and FRP desire and intend that no merger of rights occur because of present common ownership or any future common ownership. NOW, THEREFORE, for and in consideration of the premises, easements, covenants, conditions, restrictions, and encumbrances contained herein, the sufficiency of which is hereby acknowledged, the Grantor and FRP do hereby declare and reserve as follows: 1. Building/Common Areas. a. 'Building Areas" shall mean the portion of each Lot whereupon a building or buildings are constructed in a manner compliant with the ordinances of the City of Little Rock; provided, however, no buildings may be located within the shaded areas delineated on Exhibit A (nage 5) attached hereto. b. "Common Areas" shall mean all areas other than Building Areas and Maintained Common Areas. C. "Common Utility Facilities" shall mean utility systems and facilities from time to time situated on or serving the Shopping Center, for use or service in common by the Lots or for the service of the Maintained Common Areas, such as the following: storm drainage, retention and disposal facilities and sanitary sewer systems, manholes, underground domestic and fire protection water systems, underground natural gas systems, underground electric power cables and systems, shared electrical facilities for Maintained Common Area and Shopping Center Signage lighting (not to include separate utilities for displays within the Sign (defined in Section 7), underground telephone and television cables and systems, and all other utility systems and facilities for such common use or service located as shown on Exhibit A or which, after the date hereof are located on any of Lot 2, Lot 3, Lot 4 or with written consent of the Owner of Lot 1, located on Lot 1. d. "Maintained Common Areas" shall mean the portion of each Lot shown on Exhibit A. e. "Owner" shall mean and refer to the record owner, whether one or more persons or entities (including owners of one or more units of any Horizontal Property Regime (as the term is defined in Section 6(a)(3)) which may be formed on one or more Lot(s)), of fee simple title to any Lot, including any successors acquiring any interest of an Owner or any successors acquiring any interest to any Lot. f. "Separate Utility Facilities" shall mean any of the following not installed under the terms of this Declaration and not for use in common by other Owners or for the service of the Maintained Common Area: storm drainage, retention and disposal facilities and sanitary sewer systems, manholes, underground domestic and fire protection water systems, underground natural gas systems, underground electric power cables and systems, underground telephone and television cables and systems, and all other utility systems and facilities for use of individual Lots, but not the entire Shopping Center or Maintained Common Areas. g. "Shopping Center Signage" shall mean signs within the Shopping Center including without limitation the Sign (defined in Section 7) which may be located in the Sign Easement Area designated on Exhibit A the design and size thereof being subject to the right of 1149/1703/Cantrell Falls ECRTWGv15 2 Grantor and the Owner of Lot 1 to approve same, such approval not to be unreasonably withheld, conditioned or delayed, and subject to Section 7 below. 2. Use. Buildings in the Shopping Center shall be used for commercial purposes to the extent allowed by the land use laws of the City of Little Rock. Notwithstanding any use allowed by the previous sentence, no tattoo or piercing parlor, theater, bowling alley, skating rink, billiard parlor, night club, or other place of recreation or amusement, any business exclusively selling alcoholic beverages (expressly not to exclude restaurants), flea market, truck stop, gas station or other facility for the sale of motor vehicle fuels, operation for the renting, leasing, selling of or displaying any boat, motor vehicle or trailer, school or training or educational facility (including without limitation a beauty school, barber college, reading room, place of instruction or any other operation catering primarily to students or trainees as opposed to customers), or mortuary shall occupy space within the Shopping Center without the prior written consent of Grantor and FRP. For purposes of this Section 2, a "restaurant" shall be defined as any operation of business which requires a governmental permit, license and/or authorization to prepare and/or service food for either on or off site consumption; provided, however, notwithstanding anything herein to the contrary, a supermarket, grocery store, or similar operation shall not be deemed a restaurant and such uses are specifically not permitted in the Shopping Center. For purposes of this Section 2, a "place of recreation or amusement" shall mean a use offering games, shows or other entertainment activities unless such games, shows or activities are incidental to a permitted business activity (provided, any games, shows or other entertainment activities involving gambling (whether for money or other prizes) or "adult" activities, including without limitation any adult -type book store, massage parlor, escort service, facility with nude (or partially nude, bathing suit -clad or lingerie -clad) models or dancers or any establishment selling or exhibiting sexually explicit materials, are expressly prohibited, even if incidental to a permitted business activity). In addition, any restaurant or similar establishment that primarily sells hamburgers (including, without limitation, Five Guys Burgers and Fries, Smashburger, Fatbrlrger, Dave's Better Burgers or any comparable establishment) is expressly prohibited from occupying space in the Shopping Center except upon Lot 1 and Lot 3 shall be the sole location of any automotive repair or parts business, with the sale of tires, brakes and other automotive repair and replacement parts and items being expressly permitted. The restrictions contained in this Section 2 shall not be amended except as provided in Section 19. Building. a. Design and Cons"ctio_ . Any improvements constructed in the Shopping Center must have approval of the City of Little Rock and not be used in a manner prohibited by Section 2. All exterior construction must consist of brick, stucco or another masonry fagade approved by Grantor, said approval not to be unreasonably withheld, conditioned or delayed. With respect to Lot 1, any improvements and exterior construction facades in place on the date hereof are deemed approved and further approval by Grantor or any other Owner shall not be required and, further, should such improvements be damaged or destroyed they may be reconstructed using identical materials or otherwise as required of Burger King franchisees without approval of Grantor or any other Owner. The design and construction shall be in conformity with sound architectural and engineering standards and the construction shall be first quality. The structural portion of building(s) on Lot 1 and Lot 4 shall not exceed 25 feet in height above finished grade. Lot 2 and Lot 3 shall not have a building height in excess of that permitted by the City of Little Rock. 1149/1703/Cantrell Palls ECRTWO05 b.cation. No buildings shall be constructed on any Lot except as Permitted by the City of Little Rock and which are outside the no -build areas delineated on Exhibit A a e5 . Any rooftop equipment constructed on the buildings located in the Shopping Center shall be screened so as to minimize visibility from the mean finished elevation of the Common Area within such Lot. 4. Common Arm and Maintained Common Areas. The COn9mon Areas and Maintained Common Areas including without limitation all parking lots, sidewalks, driveways and landscaping amenities shall be available for the common, non-exclusive and shared used of all owners, tenants, customers, invitees and licensees of the Shopping Center, such use to be enjoyed with reason and judgment so as to provide for ingress, egress, landscaping and parking for the customers, invitees, employees and licensee's of the business conducted in the Shopping Center and for servicing and supplying of such business. Grantor shall be responsible for constructing all Maintained Common Areas, though such obligation may be contraCtuaIdy assigned and assumed by a purchaser(s) of a Lot. 5. Easements, a. In ress E ress d aces Easements. Grantor and FRP hereby grant and subject the Shopping Center to such nonexclusive ingress, egress, and access casements as are rioted as such easements on Exhibit A attached hereto (the "Access Easement Areas"), which are in addition to and Without 'imitation of Section 4, for the mutual non-exclusive benefit and use of Grantor and its successors and assigns, including the Owner of each of Lot 1, Lot 2, Lot 3 and Lot 4 within the Shopping Center, and their respective Customers, employees, tenants, invitees and licensees. Pursuant to Section 19, the Owners may alter or modify the Building Areas, Common Areas, Sign Easement Area, Access Easement Areas, Common Utility Facilities, Maintained Common Areas and any other matter depicted on Exhibit A despite the granting of the easements herein. The easements provided for in this Section 5(a) are subject to the rights of each Owner, and shall in no way restrict or affect the right of each owner to make changes to the location or design of the Access Easement Areas that (i) are rewired by taw; or g do not materially impair the use of the Access Easement Areas for the { ) was granted (it being agreed that re -striping of the parking lot portfvns of the Access Easemcasement Areas to make changes in the parking aisles which do not interfere with traffic flow from one Lot to another, in and of itself, does not materially impair the use of the Access Easement Areas). No Owner of a Lot subject to an easement grantedshall erect any barri, fences, grade changes or other obstructions so as to in any mannernunreasonably restrictersor interfere with the use and enjoyment by any of the Owners of the rights and easements created by this Section 5(a). Grantor expressly reserves the right to dedicate any access drive(i) to the City of Little Rock, provided that such dedication is consented to in writing by: (i) the Owner of Lot 1, and (ii) a majority of the Owners of a Lot other than the Owner of Lot 1. In the event tha dedication of any access drive is consented to in at the ccordance with the preceding sentence, each Owner agrees to execute any necessary documentation to facilitate such dedication. 1149/1703/Cantrell_Falls_ECRTWGV 15 4 b. Utility and &rvice Easements. Unless located within the Maintained Common Areas which, if the case, shall be deemed perpetual mutual, non-exclusive easement grants to all Owners of a Lot or Lots for location of the Common Utility Facilities, Grantor and each Owner hereby grants to the other Owners mutual, non-exclusive, perpetual easements, within the areas shown on Exhibit A as the location for Common Utility Facilities, for the installation, construction, use, operation, maintenance, repair, replacement, and removal of Common Utility Facilities and Separate Utility Facilities. All Common Utility Facilities and Separate Utility Facilities shall be underground and the location of Separate Utility Facilities shall be subject to the approval of the Owner across whose Lot the same are to located, which approval shall not be unreasonably conditioned, withheld or delayed. Any Owner who is the beneficiary of an easement for Separate Utility Facilities under this subsection shall be responsible, as between such Owner and any other affected Owner, for the installation, maintenance, repair and removal of all Separate Utility Facilities installed by such Owner pursuant to this Section 5(b). Any such installation, maintenance, repair, replacement, relocation and removal of Separate Utility Facilities shall be performed only after ten (10) days advance notice to the Owner upon whose Lot the work affects of intention to do such work. However, in the case of an emergency, any such work may be immediately performed after giving such advance notice as is practicable under the circumstances. In addition, the Owners agree that all such installation, maintenance, repair and removal shall be performed in a manner that causes as little disturbance to other Owners as may be practicable under the circumstances and any and all portions of the surface area of any affected Lot which may have been excavated, damaged or otherwise disturbed as a result of such work shall be restored, at the sole cost and expense of the Owner upon whose behalf the work is performed, to essentially the same condition as the same were in prior to the commencement of any such work. No such work or restoration, except emergency repair work shall be carried on during any weekends. Each Owner who performs work upon the Lot or Lots of other Owners shall defend, indemnify and hold such Owner(s) harmless from and against any and all liens, losses, liabilities, costs or expenses (including reasonable attorney's fees), incurred in connection with exercise of the Separate Utility Facilities easements granted within this Section 5(b). C. Water Flow. All Owners of Lots each agree, and their successors and assigns shall be bound thereby, that each Owner will not unreasonably alter the flow of surface water from one Lot onto another Lot, provided that any alteration in the water flow which may occur as a natural consequence of normal construction activities and the existence of the party's improvements, if in compliance with the Bill of Assurance for the Shopping Center and this Declaration shall be permitted and deemed reasonable. d. Appurtenance. All easements granted herein shall be appurtenant to and shall run with all of the Shopping Center, with each Lot being a dominant estate over all lands wherein easement areas are located other than on land within such Lot, and each Lot being a servient estate as to land within a Lot that is subject to easements granted herein. 1149/1703/Cantrell Falls ECRTWGv15 Development, Maintenanceand Taxes. a. Development. (1) Arrangement. The arrangement of the Common Areas in the Shopping Center shall not be changed in a manner inconsistent with the provisions of this Declaration except as expressly permitted by this Declaration. (2) "Parking Area" Ratio. Each Owner of a Lot within the Shopping Center hereby agrees that, at all times, there shall be maintained on each Lot the parking spaces required by applicable law or ordinance but if a law or ordinance is not applicable, then parking areas shall be maintained in the following ratios: Lot 1: parking spaces which will accommodate not fewer than ten (10) car spaces for each one thousand (1,000) square feet of any building located within the Building Area on Lot 1. Lot 2: parking spaces which will accommodate not fewer than three (3) car spaces for each one thousand (1,000) square feet of any building(s) located within the Building Area on Lot 2. Lot 3: parking spaces which will accommodate not fewer than three (3) car spaces for each one thousand (1,000) square feet of any building(s) located within the Building Area on Lot 3. Lot 4: parking spaces which will accommodate not fewer than four (4) car spaces for each one thousand (1,000) square feet of any building(s) located within the Building Area on Lot 4. (3) HPR: Cooperative Ownership. Subject in all respects to all provisions of this Declaration, Grantor, FRP and all future Owners of Lot(s) in the Shopping Center expressly consent to any one or more Lot(s) becoming subject to a Horizontal Property Regime ("HPR") wherein one or more persons or entities may own rights in and to a Lot(s) by virtue of owning HPR "Units," or being owned by a cooperative ownership entity. In such event, all Owners of an interest in a Lot subject to an HPR shall have responsibility for assessments upon the particular Lot(s) created by this Declaration as set forth below and shall vote for amendments as set forth in Section 19 of this Declaration. All such Owners of a Unit in an HPR located on any Lot(s) shall be fully vested with all rights of an Owner of a Lot even though not all of such Lot is owned and shall be burdened with all restrictions and assessments (on a pro -rata basis to be established within the multiple ownership creation documents) of an Owner of a Lot even though not all of such Lot is owned. b. Maintenance. The Maintained Common Areas and the Common Areas shall be kept neat, orderly, planted in grass and trimmed and the maintenance expense thereof equally divided among the Owners of the Lots in the Shopping Center. Grantor, for the period wherein Grantor owns a Lot, shall maintain the Maintained Common Areas and the Sign Easement Area (defined below)(with reimbursement obligations of other Owners set forth below) and, after Grantor no longer owns a Lot, maintenance for the Maintained Common Areas and the Sign Easement Area shall be the responsibility of the Owner of Lot 2 unless otherwise 1149/1703/Cantrell Falls ECKTWGvl5 agreed in writing by all Owners, but at all times all Owners of the Lots in the Shopping Center shall reimburse the responsible Owner their prorata share, as indicated on Exhibit C, of the expenses incurred to maintain the Maintained Common Areas and Sign Easement Area. The remaining Common Areas and any Shopping Center Signage other than the Sign (defined in Section 7 below) shall be maintained in good condition and repair by the Owner of each Lot containing such Common Area or Shopping Center Signage. The maintenance is to include, without limitation, as appropriate for the responsible party, the following: (1) Maintaining the surfaces in a level, smooth and evenly -covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be equal in quality, use, and durability; (2) Removing all papers, debris, filth and refuse and thoroughly sweeping the area to the extent reasonably necessary to keep the area in a clean and orderly condition; (3) PIacing, keeping in repair and replacing any necessary appropriate directional signs, markers and lines; (4) Operating, keeping in repair and replacing, where necessary, such artificial lighting facilities as shall be reasonably required, including keeping_ the Shopping Center Signage lighted from dusk to dawn; (5) Maintaining, repairing and replacing, when necessary all Shopping Center Signage other than the Sign; (6) Maintaining, repairing and replacing when necessary all Common Utility Facilities not dedicated to the public or conveyed to any public or private utility which are necessary for the operation of the buildings and improvements located in the Shopping Center and any other improvements within the Maintained Common Areas; (7) Maintaining all perimeter walls in a good condition and state of repair; and (8) Maintaining all landscaped areas and making such replacements of shrubs and other landscaping as is necessary, including regular cutting of all grassy areas, If Grantor, for so long as Grantor owns a Lot in the Shopping Center, or any Owner thereafter obligated herein or agreeing to assume maintenance responsibility, as applicable, fails to maintain the Sign Easement Area and Maintained Common Areas or any of the other Owners of a Lot within the Shopping Center shall fail to so maintain an owned Lot, any one (1) or more Owner(s) of a Lot(s) shall, as the sole and exclusive remedy, have the right to: (i) go onto the Lot(s) of other Owners, after written notice of failure is provided to such other Owner(s) of a Lot(s) in the Shopping Center and passage of thirty (30) days without action, and (ii) perform the maintenance work. If the remedy set forth in this paragraph is elected and either not contested or contested unsuccessfully, each Owner(s) of a Lot(s) in the Shopping Center shall promptly reimburse any Owner(s) of a Lot(s) who discharges the maintenance obligation of another Owner(s) of a Lot(s) for the reasonable expense thereof, pro -rata, in accordance with the percentages set forth on Exhibit C. 1149/1703/Cantrell Falls ECRTWGv15 ' Each Owner, as applicable, shall be billed quarterly in arrears by Grantor, for so long as Grantor owns a Lot in the Shopping Center, or any Owner thereafter obligated herein or agreeing to assume maintenance responsibility, as applicable, for the pro rata share of all maintenance expenses of the Maintained Common Areas and Sign. Said bills shall be due and payable within thirty (30) days after receipt of said bills and, if requested, copies of all invoices, statements or other documents supporting same. The proportionate share of the total maintenance expenses to be borne by each Owner is set forth on Exhibit C. Any Owner may, upon not less than ten (10) days' prior written notice to the Grantor, for so long as Grantor owns a Lot in the Shopping Center, or any Owner thereafter obligated herein or agreeing to assume maintenance responsibility, as applicable, or other maintaining Owner, as applicable, inspect the records whereupon reimbursements were requested or made for all maintenance expenses incurred during the preceding calendar year at the general offices of the reimbursed party or at such other location reasonably determined by the parties at any time during reasonable business hours within one (1) year after the end of said calendar year. If said inspection reveals an overpayment of maintenance expenses, the collecting Owner shall reimburse the applicable Owners for their proportionate share of any such overpayment within thirty (30) days after receipt of notice of determination, and of the amount, of such overpayment. C. Taxes. Each of the Owners of the Lots, their successors and assigns, agree to pay or cause to be paid, prior to delinquency, directly to the appropriate taxing authorities all real property taxes and assessments which are levied against all or any part of the Lot owned by it. 7. Signs. Grantor hereby grants, reserves and establishes for the benefit of all Owners, an exclusive easement to erect, at the option of Grantor, a monument, pylon, directional or other sign (the "Sign") on the Sign Easement Area as designated on Exhibit A (the "Sign Easement Area"), the Sign to be configured, as to the allocated space to the Owner of Lot 1 and all other Owners, as depicted on the drawing attached hereto as Exhibit D. Grantor shall construct, at the expense of Grantor, the structural portions of the Sign. Following completion of the structural portion of the Sign, each Owner shall be responsible for all signage, installation, mechanical and electrical connections and equipment. The Owner of Lot 1 shall be solely responsible for all costs incurred for installation, operation, utilities, maintenance, insurance and repair of its allocated space displays, with all other Owners being similarly responsible for the displays within space allocated therefor on Exhi it Q. All maintenance and repair of the structural portion of the Sign (i.e. not any electronic or other panels or displays which are addressed above) as becomes necessary from time to time shall be borne pro -rata, based on the area of the Sign usable by the Owner of Lot 1 (as shown on Exhibit D and the Owners of Lots 2, 3 and 4 (as shown on Exhibit I7 ). Nothing within this Section 7 shall, to the extent permitted by applicable law, prevent an Owner from separately seeking signage exclusively pertaining to the business of such Owner within the Lot owned by such Owner. In addition, each Owner shall be prohibited, such prohibition to be subject to injunction as the sole available remedy, from making any derogatory remarks in the display portions of the Sign regarding the business, operation or otherwise regarding any other Owner. 1149/1703/Cantrell—Falls ECRTWGv]5 8. Ll ittin . All artificial lighting on the Lots shall remain on from dusk to 11:59 p.m. It is also agreed that each Lot shall also have adequate artificial lighting from dusk to dawn for security and safety purposes. Ind emni ti cat ion/ In surance. a. Indemnification. Each Owner of a Lot shall indemnify and save all other Owners of a Lot(s) harmless from any and all liability, damage, expense, causes of action, suits, claims, or judgments arising from personal injury, death, or property damage and occurring on or from its own tract, except if caused by the act or neglect of the other party hereto. b. Insurance. i. Each Owner of a Lot in the Shopping Center shall procure and maintain in full force and effect throughout the term of this Declaration general public liability insurance and property damage insurance against claims for personal injury, death or property damage occurring upon, in or about its property, each party's insurance to afford protection to the limit of not less than $500,000.00 [in 2013 dollars]for injury or death of a single person, and to the limit of not less than $1,000,000.00 [in 2013 dollars]for any one occurrence, and to the limit of not less than $500,000.00 [in 2013 dollars] for property damage. Each Owner of a Lot in the Shopping Center shall, upon written request, provide the other Owner(s) of a Lot(s) with certificates of such insurance from time to time to evidence that insurance is in force. Such insurance may be written by additional premises endorsement on any master policy of insurance carried by the party which may cover other property in addition to the property covered by this Declaration. ii. At all times during the term of this Declaration, each Owner of a Lot(s) in the Shopping Center shall keep improvements on its property and any displays located in the Sign insured against loss or damage by fire and other perils and events as may be insured against under the broad form of Uniform Extended Coverage Clause in effect from time to time in the state in which the property is located, with such insurance to be for the full replacement value of the insured improvements. iii. Each Owner of a Lot(s) in the Shopping Center for itself and its property insurer hereby releases the other Owner(s) from and against any and all claims, demands, liabilities or obligations whatsoever for damage to the other's property or loss of rents or profits resulting from or in any way connected with any fire or other casualty whether or not such fire or other casualty shall have been caused by the negligence or the contributory negligence of the party being released or by any agent, associate or employee of the party being released, this release being to the extent that such damage or loss is covered by the property insurance which the releasing party is obligated hereunder to carry, or, if the releasing party is not carrying that insurance, then to the extent such damage or loss would be covered if the releasing party were carrying that insurance. iv. As used in this Declaration, the term "[in 2013 Dollars]" shall mean that the amount to which such term applies shall be increased or decreased for each year during the term of this Agreement in proportion to the increase or decrease in the Consumer Price Index (revised 1978) for all Urban Wage Earners and Clerical Workers of the Little Rock Area, all items (Base 1967 = 100) published by the United States Department of Labor Bureau of 1149/1703/Cantrell Falls ECRTWGv15 9 Labor Statistics (the "Index"), or any successor index thereto, appropriately adjusted. In the event that the Index is converted to a different standard reference base or otherwise revised, the determination of the adjustment to be made with reference to the Index shall be made with the use of such conversion factor, formula or table for converting the Index as may be published by the Department of Labor or, if said Department shall not punish the same, then with the use of such conversion factor, formula or table as may be published by Prentice Hall, Inc., or other nationally recognized publisher of similar statistical information as may be agreed upon by the Parties. If the Index ceases to be published, and there is no successor thereto, then a reasonable index shall be utilized; or, if such substitute index is not available or may not lawfully be used for the purposed stated herein, then based upon a reliable governmental or other non-partisan publication evaluating changes in the cost of living or purchasing power of the consumer dollar, if such a publication is available and may be lawfully used for the purposes stated herein. For the purposes of calculating fluctuations in the index, the calendar year 2013 shall be considered to be the base year (the 'Base Year"). With respect to any amount referred to in this Declaration to which the Index adjustment is to be made, such amount shall for the purpose of calculating such adjustment be referred to in this Section 9(b)(iv) as the "Base Amount" and the Base Amount, as adjusted by the application of this Section 9(b)(iv), shall be referred to herein as the "Adjusted Amount". The Adjusted Amount shall be determined as follows: With respect to each time at which the Index Adjustment is to be made, the Base Amount shall be increased or decreased to equal the product obtained by multiplying the Base Amount by a fraction, the numerator of which is the average annual Index for the most recent complete calendar year, and the denominator of which is the average annual Index for the Base Year. For purposes of this Section 9(b)(iv) the Base Amount utilized for any initial calculation made hereunder shall continue to be utilized as the Base Amount for each subsequent application of this provision. 10. Eminent Domain. a. Owner's Right to Award. Nothing herein shall be construed to give any Owner of a Lot any interest in any award or payment made to any other Owner of a Lot in connection with any exercise of eminent domain or transfer in lieu thereof. In the event of any exercise of eminent domain or transfer in lieu thereof of any part of the Shopping Center, the award attributable to the land and improvements of such portion so taken shall be payable only to the Owner(s) of affected Lot(s) and no claim thereon shall be made by any other party, solely except as set forth in 10(b) below. b. Collateral Clairns. Any Owner(s) of a Lot(s) whose land is not taken may file collateral claims with the condemning authority for its losses which are separate and apart from the value of the land area and improvements taken from another Lot Owner. Any Owner(s) of a Lot(s) whose land is not taken may file collateral claims with the condemning authority for its losses which are separate and apart from the value of the land area and improvements taken from one or more Owner(s) of a Lot(s), it being understood that such claims shall not diminish or otherwise negatively affect the award payable to any Owner of an affected Lot. 1149/1703/Cantrell Falls ECRTWGv15 10 C.Tenant's -Clai1g. Nothing in this Section 10 shall prevent a tenant from making a claim against an Owner pursuant to the provisions of any lease between tenant and Owner for all or a portion of any such award or payment, to the extent provided in such lease and applicable law. d. gestoration of Cornnron Area. The Owner(s) of each portion of the Shopping Center condemned shall promptly repair and restore the remainder of the Shopping Center owned by such party as nearly as practicable to the condition of same immediately prior to such condemnation or transfer, to the extent that the proceeds of such award are sufficient to pay the cost of such restoration and repair and without contribution from any other Owner. 11. Rights and Obli tions of Lenders. If by virtue of any right or obligation set forth herein a lien shall be placed upon the tract of any party hereto, such lien shall expressly be subordinate and inferior to the lien of any first lienholder now or hereafter placed on such tract. Except as set forth in the preceding sentence, however, any holder of a first lien on the Shopping Center, and any assignee or successor in interest of such first lienholder, shall be subject to the terms and conditions of this Declaration. 12. Release from Liability. Any person acquiring fee or leasehold title to the Shopping Center or any portion of the Shopping Center shall be bound by this Declaration only as to the tract or portion of the tract acquired by such person. In addition, such person shall be bound by this Declaration only during the period such person is the fee or leasehold owner of such tract or portion of the tract, except as to obligations, liabilities or responsibilities that accrue during said period. Although persons may be released under this paragraph, the easements, covenants and restrictions in this Declaration shall continue to be benefits and servitudes upon said tracts running with the land. 13. Rights of Successors. The easements, restrictions, benefits and obligations hereunder shall create mutual benefits and servitudes running with the land. This Declaration shall bind and inure to the benefit of the parties hereto, their respective heirs, representatives, lessees, successors and assigns. The singular number includes the plural and the masculine gender includes the feminine and neuter. 14. Non -Merger. No merger of rights shall occur because of aforesaid ownership, but instead the rights and easements granted herein shall benefit the present and future owners of the Shopping Center or a portion thereof as though there were not now, and never will be such common ownership and shall be appurtenant to and run with said land. 15. Duration. Unless otherwise canceled, terminated or extended, this Declaration and all the easements, rights and obligations hereof shall automatically terminate and be of no further force and effect after ninety-nine (99) years from the date hereof. 16. Headings. The headings within this Declaration are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of this document nor in any way affect the terms and provisions hereof. 17. Coun�rts, This Declaration may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which, together, shall constitute one and the same instrument. 11 1149/1703/C antrel I_Fa I Is_ECRT WGv 15 18. Entire Alreernent. This Declaration constitutes the entire agreement between all present and future Owner(s) of a Lot(s) in the Shopping Center, unless amended in the manner required by this Declaration. 19. Amendment. Except as expressly provided otherwise herein, this Declaration may not be modified in any respect whatsoever or terminated, in whole or in part, except with the consent of the Owners of three (3) of the four (4) Lots, of which: (i) Grantor (for so long as Grantor owns a Lot), and (ii) the Owner of Lot 1, must both be consenting Owners. If more than one person or entity is the Owner of a Lot, such Owners shall agree among themselves and designate in writing to the Owners of each of the other Lots a single person who is entitled to cast the vote for that Lot. If the owners of any such Lot cannot agree who shall be entitled to cast the single vote of that Lot, or if the Owners fail to designate the single person who is entitled to cast the vote for that Lot within thirty (30) days after receipt of request for same from any Owner, then that Lot shall not be counted as a "negative" vote for any change or modification of this Declaration. Grantor, FRP and all future Owners are aware of and disagree with the result in the decision of Rausch Coleman Homes, LLC v. Brech, 2009 Ark. App. 225 (Arlt. App. 2009) and desire that this Declaration be governed by Act 185 of 2011 (Ark. Code Ann. §18-12-103), resulting in this Section 19 having absolute priority and control over any future amendments to this Declaration, notwithstanding the duration of this Declaration set forth in. Section 15 of this Declaration. IN WITNESS WHEREOF, the undersigned has executed this Declaration the day and year first written above. 14910 CANTRELL, LLC, an Arkansas limited [iabilit company Byrn Steve Hooke/Plmith, Manager FRP CANTRELL FALLS, LLC, an Arkansas limited liability company By: 'Ph, Investments, LC, Manager BY:.. Title: . '' i► 1149/1703/Cantrell Falls ECRTWGAS 12 STATE OF ARKANSAS ) ) ss: ACKNOWLEDGMENT COUNTY OF PULASKI ) On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, the within named Steve Hockersmith, Manager of 14910 CANTRELL, LLC, an Arkansas limited liability company, and stated that he was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said limited liability company, and further stated and acknowledged that he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this /J Jl`/t_7 day of March, 2013. Notary Publi My ommi�kon expires: o?� Notary Public Saline County, Arkansas Commission k 12383952 ) ss: COUNTY OF PULASKI ) A.CKNOWLEDGMENT On this day personally appeared before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, the within named Dominic Flis, Manager of Flis Investments, LLC, an Arkansas limited liability company and the Manager of FRP CANTRELL FALLS, LLC, an Arkansas limited liability company, and stated that he was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said limited liability company, and further stated and acknowledged that he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of March, 2013. v NoiaryPt6ic rxrt fission ex fres: Mary VirBisia Colvert Notary Public Saline County, ArkRnsas Commission 4 12383952 13 EXHIBIT A (Page 1 of 5) FIN Al EXHIBIT A CONTINUED (Page 4 of 5) Legal Description for Supplemental Access Easement (Not in limitation of other easements on others pages of Exhibit A): A 60 foot access and utility easement for egress, ingress, and utility service lying within the Northeast Quarter of the Northwest Quarter of Section 19, Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as: Commencing at a found 5/8" rebar along the North Line of Section 19, South 87 degrees 50 minute 52 seconds East 253.88 feet to a found 1/2" pipe; thence leaving said North Line South 01 degrees 35 minutes 33 seconds West 499.17 feet to a point on the North Right-of-way line of Arkansas Highway 10 (Cantrell Road); thence along said Right-of-way South 68 degrees 56 minutes 19 seconds East 180.36 feet to the point of beginning; thence 30 feet either side of the following described line: Leaving said North Right-of-way line North 18 degrees 49 minutes 02 seconds East 36.18 feet; thence along a 13.2566 degree curve to the left 99.49 feet, having a chord bearing and distance of North 11 degrees 43 minutes 52 seconds 99.24 feet; thence along a 8.6420 degree curve to the right 99.83 feet, having a chord bearing and distance of North 08 degrees 46 minutes 17 seconds East 99.74 feet; thence along an 11.0027 degree curve to the left 99.66 feet, having a chord bearing and distance of North 07 degrees 04 minutes 51 seconds East 99.48 feet; thence North 01 degrees 15 minutes 47 seconds East 176.39 feet to the point of termination. LX"IBIT A CONTINUED (Page 5 of 5) •+ �` � � !'3�Iif7 '.\ Ir� \ f..� � \�\'� Q0.' ;�� w� Holloway Em,01mccritio !: EXHIBIT B-1 (Legal Description) Lot L Lands lying in the Northeast Quarter of the Northwest Quarter of Section 19, Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the found 5/8 inch rebar at the Northwest Corner of the said Northeast Quarter of the Northwest Quarter, Section 19; thence along the North Line of the said Northeast Quarter South 87 degrees 50 minutes 52 seconds East for 253.88 feet to a found ''/z inch pipe; thence leaving said North line South 01 degrees 35 minutes 33 seconds West for 432.74 feet to a point being the point of beginning; thence South 88 degrees 24 minutes 27 seconds East 61.00 feet; thence North 01 degrees 32 minutes 58 seconds East 115.26 feet; thence North 63 degrees 23 minutes 44 seconds East 64.67 feet; thence South 89 degrees 34 minutes 31 seconds East 58.28 feet; thence South 60 degrees 25 minutes 03 seconds East 51.14 feet; thence South 00 degrees 25 minutes 29 seconds West 122.85 feet; thence South 88 degrees 27 minutes 00 seconds East 50.39 feet; thence along a 8.2679 degree curve to the left for 20.92 feet having a chord bearing and distance of South 05 degrees 30 minutes 35 seconds West for 20.92 feet; thence along a 14.2454 degree curve to the right for 99.49 feet having a chord bearing and distance of South 11 degrees 43 minutes 52 seconds West for 99.24 feet; thence South 18 degrees 49 minutes 02 seconds West 36.18 feet to a point on the North right-of-way of Arkansas Highway 10 (Cantrell Road); thence continuing along said right-of-way North 68 degrees 56 minutes 19 seconds West 259.45 feet; thence leaving said right-of-way North 01 degrees 35 minutes 33 seconds East 66.43 feet to the point of beginning containing 1.192 acres more or less. EXHIBIT B-2 (Legal Description) Lot 2: Lands lying in the Northeast Quarter of the Northwest Quarter of Section 19, Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at a found 5/8" rebar at the Northwest Corner of the said Northeast Quarter of the Northwest Quarter of said Section 19; thence along the North line of the said Northwest Quarter South 87 degrees 50 minutes 52 seconds East for 253.88 feet to the point of beginning; thence South 89 degrees 34 minutes 31 seconds East for 280.60 feet; thence South 88 degrees 46 minutes 07 seconds East for 12.73 feet; thence leaving said North line South 01 degrees 15 minutes 47 seconds West for 261.22 feet; thence along an 11.0027 degree curve to the right 99.66 feet having a chord bearing and distance of South 07 degrees 04 minutes 51 seconds West 99.48 feet; thence along 8.6420 degree curve to the left 78.90 feet, having a chord bearing and distance of South 09 degrees 38 minutes 11 seconds West 78.86 feet; thence North 88 degrees 27 minutes 00 seconds West 50.39 feet; thence North 00 degrees 25 minutes 29 seconds East 122.85 feet; thence North 60 degrees 25 minutes 03 seconds West 51.14 feet; thence North 89 degrees 34 minutes 31 seconds West 58.28 feet; thence South 63 degrees 23 minutes 44 seconds West 64.67 feet; thence South 01 degrees 32 minutes 58 seconds West 115.26 feet; thence North 88 degrees 24 minutes 27 seconds West 61.00 feet; thence North 01 degrees 35 minutes 33 seconds East 432.75 feet to the point of beginning containing 2.399 acres more or less. EXHIBIT B-3 (Legal Description) Lot 3: Lands lying in the Northeast Quarter of the Northwest Quarter of Section 19, Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the Northeast Corner of Lot I -R, Cantrell Falls filed for record Instrument No. 2008055893 records of Pulaski County, along a curve to the right 78.90 feet having a radius of 693.00 feet and a chord bearing and distance of North 09 degrees 38 minutes 11 seconds East 78.86 feet; thence along a curve to the left 99.66 feet having a radius of 490.75 feet and a chord bearing and distance of North 07 degrees 04 minutes 51 seconds East 99.48 feet; thence North 01 degrees 15 minutes 47 seconds East 34.24 feet to the point of beginning; thence North 01 degrees 15 minutes 47 seconds East 226.98 feet; thence South 88 degrees 46 minutes 07 seconds East 285.00 feet; thence South 01 degrees 18 minutes 36 seconds West 226.98 feet; thence North 88 degrees 46 minutes 07 seconds West 284.81 feet to the point of beginning containing 1.485 acres more or less. EXHIBIT B-4 (Legal Description) Lot 4: Lands lying in the Northeast Quarter of the Northwest Quarter of Section 19, Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the Northeast Corner of Lot 1-R, Cantrell Falls filed for record Instrument No. 2008055893 records of Pulaski County, which is also the point of beginning; thence along a curve to the right 78.90 feet having a radius of 693.00 feet and a chord bearing and distance of North 09 degrees 38 minutes 11 seconds East 78.86 feet; thence along a curve to the left 99.66 feet having a radius of 490.75 feet and a chord bearing and distance of North 07 degrees 04 minutes 51 seconds East 99.48 feet; thence North 01 degrees 15 minutes 47 seconds East 34.24 feet; thence North 01 degrees 15 minutes 47 seconds East 34.24 feet; thence South 88 degrees 46 minutes 07 seconds East 284.81 feet; thence South 01 degrees 18 minutes 36 seconds West 77.28 feet; thence South 01 degrees 33 minutes 00 seconds West 345.11 feet to a point which is also on the north right of way of Cantrell Road (Arkansas State Highway 10); thence North 89 degrees 54 minutes 40 seconds West 113.56 feet; thence North 78 degrees 42 minutes 47 seconds West 101.60 feet; thence North 69 degrees 34 minutes 59 seconds West 87.61 feet; thence North 68 degrees 56 minutes 19 seconds West 41.18 feet; thence leaving said right of way line North 18 degrees 49 minutes 02 seconds East 36.18 feet; thence along a 14.2454 degree curve to the right 99.49 feet and having a radius of 402.21 feet and a chord bearing and distance of North 11 degrees 43 minutes 52 seconds East 99.24 feet; thence along a curve to the right 20.92 feet having a radius of 693.00 feet and a chord bearing and distance of North 05 degrees 30 minutes 35 seconds East 20.92 feet to the point of beginning containing 2.862 acres more or less. EXHIBIT B-5 (Legal Description—Shopping Center) Land lying in the Northeast Quarter of the Northwest Quarter of Section 19, Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the found 5/8 inch rebar at the Northwest Corner of the said Northeast Quarter of the Northwest Quarter, Section 19; thence along the North line of the said Northeast Quarter South 87 degrees 50 minutes 52 degrees East for 253.88 feet to a found 1/2 inch pipe being the point of beginning; thence South 89 degrees 34 minutes 31 seconds East for 280.60 feet to a found 1 inch rebar; thence South 88 degrees 46 minutes 07 seconds East for 297.73 feet to a found 5/8" rebar; thence leaving the said North line South 01 degrees 18 minutes 36 seconds West for 304.26 feet to a found 3/8" rebar; thence South 01 degrees 33 minutes 00 seconds West for 345.11 feet to a found nail which is also a point on the North Right -of -Way of Arkansas Highway 10 (Cantrell Road); thence continuing along said Right -of -Way North 89 degrees 54 minutes 47 seconds West for 113.56 feet to a found nail; thence North 78 degrees 42 minutes 39 seconds West for 101.60 feet to a found 5/8 inch rebar; thence North 69 degrees 34 minutes 59 seconds West for 87.61 feet to a foundl/2 inch rebar; thence North 68 degrees 56 minutes 19 seconds West for 300.63 feet to a found 1/2 inch rebar; thence leaving said Right -of - Way North 01 degrees 35 minutes 33 seconds East for 499.17 feet to the point of beginning containing 7.9371 acres more or less. EXHIBIT C (Maintenance Pro -Rata Percentages) Lot 1: 15.02 % Lot 2: 30.23 % Lot 3: 18.71 % Lot 4: 36.06 % Exhibit D Sign Drawing .!' •.` _ -. C sir•,. t .'.`'. !-`.'�: l vii. �.��yr...T.• l vii. �.��yr...T.• ssms:s:sase:a�s�e�s��ga �P�e � � ..rl0 m'u•y�n'�ib oe'co �..we •stuns �' .-gym, .} _"e'pe'e w•�e .$n 1 4 ave nv: X01 KGY6w arlcl (-OMVJnea =kee: o�N POD & PCD ast 14910 Cantrell Road HOLLOWAY ENGINEERING Lfttle Rock, Pulaski Courrty, Ar Survcying, & Clvll Design, FUGee[e:zilsizsls — cele: no[eE 2 for 14910 Cantrell Road ,, LLC ,�s, �: 111 72113 se�il.enal�]erey—z.ce. ' T i • 4. :'��•�� � �- _ •, . - _ fir _ c ' '-�3'��-�j T�.,`` •r. *'` � _ may,' �•► __ s�y`.r Fav ter.. •, s w _ ! '� �:. •'��t�•'f"- � _ Iii~ f• -4P PC f '��. ..3j •���r�� _ — � �.�. _yam ` -f t7... 1 '~r - � I• � �S :�^ "• _ .%� F..s�-y� =µLL `• S - _� •�n .* • 'ii�{.�''. M ' L� .ice- -' ;e `• _ .. 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