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HomeMy WebLinkAboutS-0045-A-68 ApplicationCIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME _OTTER CREEK SOUTH ADDITION LOT 5 INSPECTOR REPORT I have made a final inspection of the improvements and find that: All improvements shown on construction drawings for the development are constructed and in conformance with City requirements/Standards. Ce in I ro nts remain uncompleted and a punch list has been prepared and sent. / Engineering Specialist Date: I— 7—&�, ADDRESSING SPECIALIST'S REPORT f have reviewe lat aat the eet names and street configuration are acceptable. Addressing Specialist Date: TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. Work orders have been prepared for signage. Indicate the number of street signs ordered for this plat for billing to developer: Certain improvements remain uncompleted and a punch list has been prepared and sent. i ItFQ'64 Traffic Engineer CIVIL ENGINEER REPORT I have reviewed the file for this matter and find that: Date: The maintenance bond has been submitted and it is the proper type and amount. Financial assurance for the uncompleted improvements listed above has been received. All other requirements for final plat approval have been satisfied. •�•��' �r Civil Engineer I/II Date: G 8 D L SURVEYOR'S REPORT I have reviewed the plat and find that: 0 K All requirements for final plat approval have been satisfied. w Surveyor 10 —4-- MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. Date: July 2005 Date: _4o / O ` 20060�2825 07/0712006 10:56:40 Ail Filed & Recorded its Official Records of PAT O'BRIEN PULASK:I COUNTY CIRCUIT/CLERK. pOR5T S",•,� Fees �'COUNTY{. 00 DECLARATION OF RESTRICTIONS AND COVENANTS, GRANT OF EASEMENTS AND DEDICATION OF ROADWAY TT FIS DECLARATION OF RESTRICTIONS AND COVENANTS (this "Declaration") is made as of the ` day of -JWI� , 2006, by 43 0 INVESTMENTS, LLC, an Arkansas limited liability company, and 2610 Acres, LLC, an Arkansas limited liability company ("430 Investments", "2610" or, collectively, "Grantor"). RECITALS WHEREAS, the Grantor has caused the lands described on Exhibit A-1 attached hereto (the "Property") to be surveyed by White-Daters & Associates, Inc., and a preliminary plat made thereof, identified by the title "Otter Creek South Addition." The preliminary plat bears the signatures and seals of Paul M. White and Timothy E. Daters (the "Plat', a copy of which is attached hereto as Exhibit A-2 and made a part hereof. WHEREAS, this Declaration is made with respect to the real property designated and shown as proposed Lot 5 on the Plat, which real property is hereinafter referred separately as a "Lot 5," and the legal description of which is contained on Exhibit "B" attached hereto and by reference incorporated herein; and WHEREAS, the Grantor is the Fee Owner of the Lot 5; and WHEREAS, the Grantor desires to file this Declaration to protect its interest and the interests of others which may in the future become fee owners (a "Fee Owner") of one or more of the Lot 5 shown on the Plat. Grantor and those future Fee Owners may be hereinafter collectively referred to as "Parties" or singularly as a "Party"• and WHEREAS, the Grantor hereby establishes, to the fullest extent permitted by law, certain covenants, restrictions, easements and charges (collectively, the "Restrictions") as are hereinafter set forth, subject to which all of Lot 5 and every portion thereof, shall be improved, held, exchanged, leased, sold and/or conveyed. NOW, THEREFORE, in consideration of the foregoing, and the covenants and agreements set forth herein, the Grantor agrees as follows: 1. Desi Lyn and Construction of $uildin . The Architectural Committee must approve all initial construction on Lot 5, including architectural theme, design, color, access and parking. All exterior construction facing the service road to Interstate 30 (1-30") or Otter Creek Road South must be brick, stucco (real or synthetic) or another approved masonry facade, excluding concrete block (but not excluding split -faced concrete block), and using colors approved by the Architectural Committee. Additionally, construction on Lot 5 shall be subject to the fifty foot (50') building set back line shown on the Plat on any portion of the Lot 5 fronting Otter Creek Road South and any street or cul-de-sac adjoining Lot 5. If following initial construction of buildings on a Lot, the existing exterior of any then existing building is substantially remodeled or there is a rebuilding following a casualty, then unless the remodeling or reconstruction is substantially similar to the prior existing exteriors, the architectural theme, design, color, materials, access and parking must be approved by the Architectural Committee. Once initiated, all building construction must be diligently prosecuted to completion. Any rooftop equipment shall be appropriately screened. All trash collection or dumpster areas shall be contained in an enclosure constructed of materials substantially similar to the existing exterior of the building constructed on such Lot and in a manner consistent with the architectural theme, design and color of the building. For so long as the Grantor owns any property adjoining Lot 5, the Architectural Committee shall consist of Grantor. If Grantor ceases to own any Lot, the Architectural Committee shall continue to consist of Grantor until the owners of al l lots in the Otter Creek South Addition agree on one to five persons to serve as the Architectural Committee. Approvals hereunder shall not be unreasonably withheld, delayed or charged for. Any submission to the Architectural Committee shall be deemed approved thirty (30) days after submission unless the Architectural Committee denies such approval in writing within such thirty (30) day period. 2. Business. The types of uses permitted in Lot 5 shall be of a commercial nature found in upscale commercial developments in Little Rock, Arkansas consistent with the zoning covering the Lot 5 and not otherwise prohibited herein or bylaw or otherwise. Nothing contained herein shall be construed to require any Owner to open or operate any form of business on any Lot for any period of time or at all. The uses. _ prohibited on the Lot 5 are: (a) Undesirable entertainment or recreational facilities. As used herein, "undesirable entertainment or recreational facility" includes, a skating rink, massage parlor, discotheque, dance hall, teen club, night club, bar or tavern, flea market, head shop, pornographic or "adult" store, bowling alley, or tattoo or body piercing parlor or establishment. (b) Any use which creates a nuisance or materially increases noise or the emission of dust, odor (but not including restaurants which are otherwise Permitted), smoke, gases, does not preserve the "sprinkler" fire insurance rates, or increases explosion or radioactive hazards on adjacent Lot 5. (c) Manufacturing, distilling, refining, smelting, agriculture, or moving operation; (d) Any mobile home or trailer court, labor camp, junk yard, stockyard, animal raising or veterinary hospital, except the temporary use of construction trailers during the period of construction, reconstruction or maintenance shall also be permitted; (e) Any drilling for, in or removal of subsurface substances; (f) Any dumping, disposing, incinerating or reduction of garbage or refuse (exclusive of garbage compactors located in the rear of any building); (g) Any fire sale, going out of business sale, bankruptcy sale (unless pursuant to a court order) or auction hours operation; (h) Any outdoor circuses, outdoor public meetings, or commercial laundry plants; W Any "second hand" store, Army, Navy or government "surplus" store, except for upscale -type stores; 0) Any pawnshop, a business whose primary activity is check cashing, paycheck loan operation, or the like; and (k) No cellular or radio transmission towers shall be located within three hundred feet (300') of the centerline of I-30 Service Road on any Lot having frontage on such I-30 Service Road. The restrictions imposed under this Paragraph 2 shall be a servitude upon the Property and shall be binding upon any person acquiring an interest in any part of the Lot 5, whether in fee, by lease or otherwise. The restrictions contained in this Paragraph 2 may not be amended except with the unanimous written consent of the Owners of Lot 5. 3. Dedication of Public Ri t-of-Way. Grantor hereby dedicates to the public forever an easement and right of way on and over that portion of Otter Creek Road South and from Lot 5 as shown on said Plat, to be used as public street. 4. UtiiityEasements. In addition to the public dedication set forth in Paragraph 3 above, Grantor further grants and subjects Lot 5 to easements within the strips of ground shown and dimensioned on the drawings of Lot 5 as shown on said Plat marked "Utility Easement" for the installation, maintenance, repair, and use of and by public utilities, and for drainage purposes, respectively, subject at all times to the proper authorities and to the easement and restrictive covenants herein reserved. The party performing any such installation shall provide written notice to the Owner of the affected Lot 5 prior to the commencement of construction. Such utilities shall include, but not be limited to, electrical, gas, water, fiber, and other telecommunication services, drainage, storm water, and sanitary sewer conduits and facilities for the benefit and use of the public utilities and public. Accordingly, all Owners and future Owners of the Lot 5 shown on said Plat, shall take their title subject to the rights of public utilities and the public in the street's right-of-way and the utility and drain easements shown on the Plat. The filing of this Declaration for record in the office of the Circuit Clerk and Ex Officio Recorder of Pulaski County, Arkansas, shall be a valid and complete delivery and dedication of said public right-of-way and utility easements shown on said Plat The streets shown on said Plat shall henceforth be known by the names designated on said Plat and shall be the length and width shown thereon; provided, however, the developer does hereby reserve to the Grantor the right to any surplus dirt in said streets for developer's own use and benefit. Compliance with Governmental Restrictions. The construction of any buildings or improvements on any Lot shall comply with and be subject to all building codes, zoning ordinances and restrictions imposed by the City of Little Rock, Arkansas Highway and Transportation Department and any other federal, state, county or local authority and any restrictions having jurisdiction over the Property. Enforcement of Obligations. In the event legal proceedings are brought or commenced to enforce any of the teens of this Declaration against any owner or other person with an interest in a Lot, the successful party in such action shall be entitled to receive and shall receive from the defaulting Owner any and all damages permitted by law, plus a reasonable sum as attorneys, fees and costs, to be fixed by the court in the same action. Duration. Unless otherwise canceled or terminated, all of the easements granted in this Declaration shall continue in perpetuity and all other rights and obligations hereof shall automatically terminate and be of no further force and effect ninety-nine (99) years after the date of filing hereof. 8. Modifications. All negotiations and oral agreements acceptable to the Grantor have been incorporated herein. Except as otherwise provided herein, this Declaration may not be modified in any respect whatsoever or rescinded, in whole or in part, except by a writing executed by the Grantor and then current Owners of the Lot 5. 9. Miscellaneous. (a) Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of any Lot to the general public or for any public purposes whatsoever, it being the intention of the Grantor and the Owners that this Declaration shall be strictly limited to and for the purposes herein expressed. 4 (b) Severabi 1 ity. If any term or provision of this Declaration or the application of it to any person or circumstance shall to any extent be invalid and unenforceable, the remainder of this Declaration or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each term and provision of this Declaration shall be valid and shall be enforced to the extent permitted by law. (c) Governing Law. This Declaration shall be construed and enforced in accordance with, and governed by, the law of the State of Arkansas. (d) No Presumption. This Declaration shall be interpreted and construed only by the contents hereof and there shall be no presumption or standard of construction in favor of or against any Owner. (e) Inurement. This Declaration and the easements, covenants, benefits and obligations created hereby shall inure to the benefit and be binding upon each owner,.and their respective successors and assigns. (f) Other Agreements. Nothing herein shall restrict an Owner from imposing upon a tenant of such Owner's Lot more restrictions and/or higher standards than set forth herein. (g) Subdivision_ and Zoning Ordinances. Notwithstanding any provision hereof to the contrary, any lawful restrictions imposed by the City of Little Rock which is more restrictive on use than the provisions hereof shall be applicable and shall supersede the provisions hereof. (h) Entire Agreement. This Declaration constitutes the entire agreement regarding this subject matter between the Parties hereto. The Parties do not rely on any statement, promise or representation not herein expressed, and this Declaration, once executed, delivered and filed, shall not be modified or altered in any respect except as provided herein. (i) No Third Party Beneficiaries. -No party, other than the Owners and 430 Investments, LLC, and 2610 Acres, LLC, as Grantor, shall have any rights or benefits of this Declaration. IN WITNESS WHEREOF, this Declaration has been executed as of the date first above written. 430 Investments, LLC By: GAB, LLC, Manager LIM Cauley, Manager 2SlUcres, LLC B yZ, � � ate) Manager IN WITNESS WHEREOF, this Declaration has been executed as of the date first above written, 430 IAestments, LLC By: GAB,1i.C, Manager S. Gene Oauley, Manager 2610Acres, LLC 1` By: 1. Manager ;441 Mo.&a.S�r Reviews-d Only for inclusion of minimum: standards required of the Cij+ of Urtic provisions established by ft F?Or* subdriision regulations. 6i€I of Assurance provi developer may exoersd minimu; j rcgu€a6ons of tho Urte Rock subdivision and zoning ordinances. Cit f Little Rock Planning Commission ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI ) On this day, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named S_ Gene Cauley, to me personally well known, who stated that he was the manager of GAB, LLC, the manager of 430 INVESTMENTS, LLC, an Arkansas limited liability company, and 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 said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set y hand and official seal this day of 2006. SHIN GRIMES comnty Notary Public [ e0-missiY L F #@�Explres ceG=, 71 r 20, 2010 ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI On this day, before me, allo Public, duly commissioned qualified and acting, within and for said County and State, appeared in person within named 2, CMG �� V-ALC E to me personally well known, who stated that he was the manager of 26 Acres, LLC, an Arkansas limited liability company, and that he was duly authorized in his capacity to cut he foregoing instrument for and in the name and behalf of said limited liability company, and further stated an cknowledged that he had so signed, executed and delivered said foregoing instrument for the consideration, u and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereun set my hand and official seal this day of , 2006. \ My Commission Expires: 7 Notary Rubl is ACKNOWLEDGMENT STATE OF ARKANSAS ) ss. COUNTY OF PULASKI } On this day, before me, a N\the , duly commissioned, qualified and acting, within and for said County and State, appeared in persoamed S. Gene Cauley, to me personally well known, who stated that he was the manager of GAB, LLger of 430 INVESTMENTS, LLC, an Arkansas limited liability company, and that he was duly authoapacity to execute the foregoing instrument for and in the name and behalf of said limited liability corther stated and acknowledged that he had so signed, executed and delivered said foregoing instrumons eration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunt set my hand and official seal this day of . 2006. Notary Public My Commission Expires: ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI ) On this day, before me, a Notary Public, duly cQmmissioned, qualified and acting, within and for said County and State, appeared in person the within named 4SMl to me personally well known, who stated that he was the manager of 2610 Acres, LLC, an Arkansas mited liability company, and 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 said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. _ l TH4TIMONIf WHEREOF, I have Ll �r -skid F, g`tiltes: • 1• '�1 i•, .��' ,tip. 7 set my�md and offia seal this )?_ day of Notary -- � nOOG052B25 EXHIBIT "A-1" LEGAL Part of the NE 1/4 NW 114 of Section 9, T-I-S, R-13-W, Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the Southwest corner of said NE 1/4 NW 1/4, Section 9; thence N 020 04' 36" E along the West line thereof, 505.54' to the point ofbeginning; thence continuing N 02" 04' 36" E along said West line, 140.45' to a point on the East right-of-way line of Interstate Route #30; thence N 43° 48' 35" E along said East right-of-way line, 745.90' to a point on the South right-of-way line of the Mabelvale West interchange as shown on Sheet No. 4 of Job #B60109 of the Arkansas State Highway Commission; thence Easterly along said right- of-way line the following; 1) S 461 15' 26" E, 61.74'; 2) Southeasterly along the are of a 530.0' radius curve to the left, a chord bearing and distance of S 580 27' 05" E, 223.90; 3) N 19° 21' 16" E, 10.0; 4) Easterly along the are of a 520.0' radius curve to the left, a chord bearing and distance of 891 22'55" E, 355.23' ; 5) N 20° 32' 43" W, 10.0,; 6) Northeasterly along the arc of a 5 10.0'radius curve to the left, a chord bearing and distance of N 56' 47' 30" E 222.82; 7) Northeasterly along the arc of a 347.74' radius curve to the right, a chord bearing and distance of 49° 44' 34" E, 72.84; 8) N 01 ° 58' 0l ", 39.1 P and 9) Northeasterly along the arc of a 380.0' radius curve to the right, a chord bearing and distance of N 59° 55' 34" E, 9.04' to a point on the East line of said NE 1/4 NW 1/4, Section 9; thence S 02' 35' 16" W along said East line 932.98' to the Northeast corner of Lot 1 R, Area 104, Otter Creek Industrial Park, Little Rock, Arkansas; thence N 87° 24' 38" W along the North line of said Lot 1 R, 360.30' to the Northwest corner thereof; thence S 08' 25' 24" W along the West line of said Lot 1 R, 260.52'; thence Southeasterly continuing along said West line being the arc of 50.0' radius curve to the left, a chord bearing and distance of S 36" 58' 25" E, 71.20' to a point on the North right-of-way line of Otter Creek South Road; thence Northwesterly along said North right-of-way line being the are of a 542.96' radius curve to the right, a chord bearing and distance of N 830 51' 47" W, 10.35; thence S 08' 39' 52" W along the West right-of-way line of Otter Creek South Road, 60.0' to a point on the South right-of-way line of said Otter Creek South Road; thence Northwesterly along the arc of a 602.96' radius curve to the right, a chord bearing and distance of N 66° 51' 05" W, 307.90' to a point on the Northerly right-of-way line of C.E. Toland Court; thence Northwesterly along said right-of- way line being the arc of a 602.96' radius curve to the right, a chord bearing and distance of N 509 51' 57" W, 26.62; thence N 49' 35' 30" W continuing along said right-of-way line, 134.28; thence N 40° 24' 30" E, 30.0; thence N 49' 35' 30" W, 108.26; thence Northwesterly along the are of a 615.0' radius curve to the left a chord bearing and distance of N 61 ° 54' 03" W, 262.22; thence N 74' 12' 35" W, 112.80; thence Northwesterly along the arc of a 540.0' radius curve to the right, a chord bearing and distance of N 65' 37' 10" W, 150.95' to the point of beginning, containing 22.4903 acres, more or less. J"W/Vf"h'vd z - y P 1 V3 tljj' i � c• ► ��5� � � � s � S F � ' � airy I d � "•� F s l.dn� i ■� c p e i �" a �, n r_ N 4 O F- J v r M 3 I DccN 200G052825 EA=IT "B" LEGAL DESCRIPTION FOR PROPOSED LOT 5 Escrow File No.: 05-004269-180 Part of the NEl/4 NW1/4 of Section 9, Township 1 South, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the Southwest corner of said NEl/4 NWl/4, Section 9; thence North 2 degrees 04 minutes 36 seconds East along the West line thereof 504.54 feet; thence Southeasterly along the arc of a 540.00 foot radius curve to the left, a chord bearing and distance of South 65 degrees 37 minutes 10 seconds East 150.95 feet; thence South 74 degrees 12 minutes 35 seconds East 112.80 feet; thence Southeasterly along the arc of a 615.00 foot radius curve to the right, a chord bearing and distance of South 65 degrees 45 minutes 42 seconds East 180.70 feet; thence North 32 degrees 41 minutes 11 seconds East 30.00 feet to the point of beginning; thence North 43 degrees 48 minutes 35 seconds East 570.18 feet; thence South 42 degrees 46 minutes 18 seconds East 159.33 feet; thence Southerly along the are of a 60.00 foot radius curve to the left, a chord bearing and distance of South 20 degrees 45 minutes 06 seconds West 53.50 feet; thence South 43 degrees 48 minutes 35 seconds West 494.90 feet; thence North 49 degrees 35 minutes 30 seconds West 94.00 feet; thence Northwesterly along the arc of a 645.00 foot radius curve to the left, a chord bearing and distance of North 53 degrees 27 minutes 10 seconds West 86.86 feet to the point of beginning. TO BE PLATTED as Lot 5, Otter Creek South Addition, Pulaski County, Arkansas.