HomeMy WebLinkAboutS-0045-A-73 ApplicationInstrument Prepared By:
Price C. Gardner
Friday, Eldredge & Clark LLC
400 West Capitol, Ste 2000
Little Rock, Arkansas 72202
2008032061 Received: 5/912008 1:45:46 PM
Recorded: 05/09/2008 02:00:31 PM Filed &
Recorded in Official Records of PAT O'SRIEN.
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $55.00
DECLARATION OF RESTRICTIONS AND COVENANTS,
GRANT OF EASEMENTS AND DEDICATION OF ROADWAY
THIS DECLARATION OF RESTRICTIONS AND COVENANTS (this "Declaration") is made as of
the day of Iti]A , 2008, by 2610 ACRES, LLC, an Arkansas limited liability company
("Grantor")
RECITALS
/0/-4T # 90oF 03 A O 6 .7-
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 "Lot 2 Otter Creek Plaza." The 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 Lot 2
on the Plat, which real property is hereinafter referred separately as a "Lot 2," 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 2; 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 Lot 2 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 2 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:
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2610 Acres - Otter Creek Lot 2 Declaration of Restrictions.doc
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1. Design and Construction of Buildin s. The Architectural Committee must approve all initial
construction on Lot 2, including architectural theme, design, color, access and parking. All exterior
construction visible to Otter Creek Road 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 2 shall be subject to the forty foot (40')
building set back line shown on the Plat on any portion of the Lot 2 fronting Otter Creek Road. If following
initial construction of buildings on the 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 2, 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 all lots in the Otter Creek Plaza 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 2 shall be of a commercial nature found in
upscale commercial developments in Little Rock, Arkansas consistent with the zoning covering the Lot 2 and
not otherwise prohibited herein or by law 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 2 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 2.
(c) Manufacturing, distilling, refining, smelting, agriculture, or moving operation;
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(d) Any mobile home or trailer court, labor camp, junk yard, stock yard, 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;
(i) Any "second hand" store, Army, Navy or government "surplus" store, except for
upscale -type stores; and
0) Any pawnshop, a business whose primary activity is check cashing, paycheck loan operation,
or the like.
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 2, 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 all owners of the lots adjacent to Lot 2.
3. Dedication of Public Right -of -Way. Grantor hereby dedicates to the public forever an
easement and right of way on and over that portion of Otter Creek Road as shown on said Plat, to be used as a
public street.
4. Utility Easements. In addition to the public dedication set forth in Paragraph 3 above, Grantor
further grants and subjects Lot 2 to easements within the strips of ground shown and dimensioned on the
drawings of Lot 2 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 2 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 Lot 2 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.
3
5. 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.
6. Enforcement of Obligations. In the event legal proceedings are brought or commenced to
enforce any of the terms 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.
7. 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 2.
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.
(b) 5everability. 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.
0
(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 of Lot 2, the owners of
the lots adjacent thereto and the 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.
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Fleviewad only for Oclusion of minimum standard
required by the City of Little Rock subdivision regulations.
Bill of Assurance provisions established by ths-
developer may exceed minimum regulations of tho
Uttle Rock subdivision and zoning ordinances.
'V11tq 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 Rick Ferguson, to me personally well known, who
stated that he was the manager of 2610 Acres, 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 my hand and official seal this eday of
V rL , 2008.
Notary Public
My Commission Expires:
_. 11 q7
TA AAA M, i UFFEY
NOTARY PLJ7!-! ,1RKANSAS
Spy-
1CiQmi� I•' S: 02-03-14
51
EXHIBIT "A-1"
LEGAL
PART OF THE S1/2 OF SECTION 5, T-1-S, R-13-W, CITY OF LITTLE ROCK, PULASKI
COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 3, OTTER CREEK PLAZA, AN ADDITION
TO THE CITY OF LITTLE ROCK, ARKANSAS, SAID CORNER LYING ON THE NORTH
RIGHT-OF-WAY LINE OF OTTER CREEK ROAD; THENCE S89°10'09"W ALONG SAID
NORTH RIGHT-OF-WAY LINE, 171.45 FT, TO THE SOUTHEAST CORNER OF LOT 1, SAID
OTTER CREEK PLAZA; THENCE N00'49'43"W ALONG THE EAST LINE OF SAID LOT 1,
250.02 FT. TO THE NORTHEAST CORNER THEREOF; THENCE N89'11'57"E, 174.84 FT.
TO THE NORTHWEST CORNER OF SAID LOT 3; THENCE S00'03'13"E ALONG THE WEST
LINE OF SAID LOT 3, 249.92 FT. TO THE POINT OF BEGINNING, CONTAINING 0.99 ACRES
MORE OR LESS,
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EXHIBIT "B"
LEGAL DESCRIPTION FOR PROPOSED LOT 2
PART OF THE S1/2 OF SECTION 5, T-1-S, R-13-W, CITY OF LITTLE ROCK, PULASKI
COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 3, OTTER CREEK PLAZA, AN ADDITION
TO THE CITY OF LITTLE ROCK, ARKANSAS, SAID CORNER LYING ON THE NORTH
RIGHT-OF-WAY LINE OF OTTER CREEK ROAD; THENCE S89"10'09"W ALONG SAID
NORTH RIGHT-OF-WAY LINE, 171.45 FT. TO THE SOUTHEAST CORNER OF LOT 1, SAID
OTTER CREEK PLAZA; THENCE NOO°49'43"W ALONG THE EAST LINE OF SAID LOT 1,
250.02 FT. TO THE NORTHEAST CORNER THEREOF; THENCE N89°11'57"E, 174.84 FT.
TO THE NORTHWEST CORNER OF SAID LOT 3; THENCE S00'03' 13" E ALONG THE WEST
LINE OF SAID LOT 3, 249.92 FT. TO THE POINT OF BEGINNING, CONTAINING 0.99 ACRES
MORE OR LESS,
Adam Daters
From: Marie. Dugan@CArkW.com
Sent: Monday, March 10, 2008 1:20 PM
To: Adam Daters
Subject: Re: Otter Creek Plaza, Lot 2 Plat
Attachments: OtterCkPlzLot2.Tl F
7
0tterCkP1zLot2.TIF
(112 KB)
(See attached file: OtterCkPlzLot2.TIF)
Note that an additional fire hydrant may be required for development of this property.
Thanks,
Marie C. Dugan
New Service Coordinator
Central Arkansas Water
221 East Capitol Avenue
PO Box 1789
Little Rock, Arkansas 72203
(501) 377-1225 Voice
(501) 210-4980 Fax
marie.dugan@carkw.com
"Adam Daters"
<adaters@whitedat
ers.com> To
"Chris Keathley" <ck0826@att.com>,
03/07/2008 11:11 "Jim Boyd" <jim.boyd@lrwu.com>,
AM "Joni Bates"
<joni.bates@CenterPointEnergy.com>,
"Marie Dugan"
<marie.dugan@carkw.com>, "Theodis
Thompson" <TTHOMPI@entergy.com>
cc
Subject
Otter Creek Plaza, Lot 2 Plat
Attached is a plat for review and approval. Please let us know if you have any questions.
An email response or signed copy sent via email will suffice in lieu of a signed paper
copy. If you would like to review and sign off on a paper copy please let me know and we
will have one sent to you without delay. The owner of this property would like to file
the plat by March 21, 2008. If we do not receive or hear from you in reference to the
attached plat by March 21, 2008, we will assume that no additional easements will be
required.
1
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
NAME —OTTERCREEK PLAZA LOT 2
INSPECTOR REPORT
I have made a final inspection of the improvements and find that:
All improvements shown on construction drawings for the development are constructed and in conformance
with City requirements/standards.
Certain 1 rovements main uncompleted and a punch list has been prepared and sent.
Engineering Specialist Date:
ADDRESSING SPECIALIST'S REPORT
1 ve re ie t f d tha street 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 and street lights.
Indicate the number of street signs ordered for this plat for billing to developer
Certain �7o
vements remain uncompleted and a punch list has been prepared and sent.
r Traffic Engineer Date: :? h -r /Oy-
CIVIL ENGINEER REPORT
I have reviewed the file for this matter and find that:
The maintenance bond has been submitted and it is the proper type and amount.
Financial assurance for the uncompleted improvements listed above has been received.
11 All other requirements for final plat approval have been satisfied.
Civil Engineer I/II Date: 3A-7)4)5�
SURVEYOR'S REPORT
I have reviewed the plat and find that:
All requirements fo�.n i p[at approval have been satisfied.
�t�n.c� Surveyor
MANAGER APPROVAL
All ivil Engineering requirements for filing this final plat have been satisfied.
c
Date: al+aloe
Design Review Engineer/Civil Engineering Manager
February 2007
Date:3X,, & 0
L.VIjU usC rermlU 1 U Y
Final Plat
Planned Unit Dev
Preliminai y Plat
Special Use Permit
Rezoning
Site Plans
Sti eet Name Change
Street Name Signs
NLIMber at ea
Public Hearing Signs
Number at ea
Total
File No
Location
Applicp,p
B
Y
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