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HomeMy WebLinkAboutS-0045-A-74 ApplicationPage 1 of 1 Adam Daters From: Jim Boyd Dim.boyd@lrwu.com] Sent: Tuesday, April 08, 2008 12:52 PM To: Adam Daters Subject: RE: Otter Creek South Addition Lot 11 Plat LRW has no problem with this plat. Our sewer main is on the north side of the road at this location so no additional easements are required. James Boyd, P.E. Engineering Supervisor Little Rock Wastewater Utility Office 688-1414 Mobile 352-0390 email jim.boyd@lrwu.com From: Adam Daters[mailto:adaters@whitedaters.com] Sent: Tuesday, April 08, 2008 11:13 AM To: Chris Keathley; Jim Boyd; Joni Bates; Marie Dugan; Theodis Thompson Subject: Otter Creek South Addition Lot 11 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 intends to file their plat by April 22, 2008. If we do not receive or hear from you in reference to the attached plat by April 22, 2008, we will assume that no additional easements will be required. We appreciate your timely response. Sincerely, Adam C. Daters, PE White-Daters & Associates, Inc 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 E: adaters@whitedaters.com 4/8/2008 CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS NAME —OTTER CREEK SOUTH ADDITION LOT 11 INSPECTOR REPORT 71have Zmadenal 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 I ro me is n uncompleted and a punch list has been prepared and sent. Engineering Specialist Date: ADDRESSING SPECIAULTIS REPORT I ha revie e e plat an a 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 improvements remain uncompleted and a punch list has been prepared and sent. Traffic Engineer Date: 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. All other requirements for final plat approval have been satisfied. NrL,- Y Civil Engineer I/II Date: SURVEYOR'S REPORT I have reviewed the plat and find that: All requirements "inat a2proval have been satisfied. G �J Surveyor MANAGER APPROVAL All Civil Engineeri g re uirements for fiiin this final plat have been spa/tisfied. Date:'7c 2 Design Review Engineer/Civil Engineering Manager February 2007 Date: Instrument Prepared by: Price C. Gardner Friday Eldredge & Clark LLP 400 West Capiotl Avenue, Suite 2000 Little Rock, Arkansas 72201 (501) 376-2011 2008032296 Received: 5112/2008 10:59:35 AM Recorded: 05/12/2008 11:03:37 AM Filed & Recorded in Official Records of PAT O'BRIEN- PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $55.00 DECLARATION OF RESTRICTIONS AND COVENANTS, GRANT OF EASEMENTS AND DEDICATION OF ROADWAY THI§,DECLA TION OF RESTRICTIONS AND COVENANTS (this "Declaration") is made as of the day of 2008, by 430 INVESTMENTS, LLC, an Arkansas limited liability company, and 2610 ACRES, L C, 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. P I CL* -4 a D0 $ 0 ,3 2 :?� (�A rr WHEREAS, this Declaration is made with respect to the real property designated and shown as proposed Lot 11 on the Plat, which real property is hereinafter referred separately as a "Lot I I," 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 11; 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 11 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 11 and every portion thereof, shall be improved, held, exchanged, leased, sold and/or conveyed. 430 Investments - Lot 11 DRGE.DOC j111141111ItIf11��� ,��`'a SERL NOW, THEREFORE, in consideration of the foregoing, and the covenants and agreements set forth herein, the Grantor agrees as follows: 1. Desian and Construction of Buildings. The Architectural Committee must approve all initial construction on Lot 11, including architectural theme, design, color, access and parking. All exterior construction facing the Otter Creek South Road or William Dillard Drive 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 11 shall be subject to the fifty foot (50') building set back line shown on the Plat on any portion of the Lot 11 fronting Otter Creek Road South and William Dillard Drive. 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 11, 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 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 11 shall be of a commercial nature found in upscale commercial developments in Little Rock, Arkansas consistent with the zoning covering the Lot 11 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 11 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. 2 (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 11. (c) Manufacturing, distilling, refining, smelting, agriculture, or moving operation; (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; 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 1-30 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 11, 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 11. 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 South Road and William Dillard Drive on Lot 11 as shown on said Plat, to be used as public streets. 4. Utility Easements. In addition to the public dedication set forth in Paragraph 3 above, Grantor further grants and subjects Lot 11 to easements within the strips of ground shown and dimensioned on the drawings of Lot 11 as shown on said Plat marked "15' 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 11 prior to the commencement of construction. Such utilities shall include, but not be limited to, electrical, 3 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 11 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. S. 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 11. 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) Severability. 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 EgM 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. ;3eviewed only for inciusion of minimum standards required by the City of L.itte Flock subdivision ragula6anl Bill of Assurance pravisior s e;'.ablished by ti:� dvvelop?r may exoead minimum r.-gulatiotm cf tho lirde Rcck subcrivislon and zoning ordinanws. Ga of little Rock Planning Commission E 430 Investments, LLC By: GAB, LLC, Manager By: S ene Cauley, Manager 2610 Acres, LL By: Ri erguso nager ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI ) On this day, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named 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, 1 , 2008. w by 6NQT*W�pir6: P -20 U N SNSAS ) ss. COUNTY OF PULASKI ) I have hereunt set my hand and offic' ea his day of Notary bIfe ACKNOWLEDGMENT 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. I ►`►,►►> NITI3, ,TIMONY WHEREOF, I have .• 0 W. PIS �''r., , 2008. NOTARY {. PUBLIC :q 1.1 hand and official seal this � day of 1 EXHIBIT "A-1" LEGAL LOT 11. OTTER CREEK SOUTH PART OF THE NW 1 /4 OF SECTION 9, T-1-S, R-13-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF THE NE1/4 NWT/4, SECTION 9; THENCE S02'04'36"W ALONG THE WEST LINE OF THE SE1/4 NW1/4, SECTION 9, 51.17 FT.; THENCE S45 27'20 E. 126.42 FT. TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF C.E. TOLAND COURT; THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING: (1) NORTHEASTERLY ALONG THE ARC OF A 50.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N61'57'3$' E, 3.41 FT.; (2) NORTHEASTERLY ALONG THE ARC OF A 25.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N79'46'14 E, 16.9 Z FT.; (3) NORTHEASTERLY ALONG THE ARC OF A 430.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N7527'12"E, 350.77 FT.; (4) N5i'22'50" E. 220.37 FT. AND (5) NORTHEASTERLY ALONG THE ARC OF A 50.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N8W37.51"E, 61.92 FT. TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF OTTER CREEK SOUTH ROAD; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE BEING THE ARC OF A 602.96 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S56'06'037E, 85.00 FT. TO THE POINT OF BEGINNING; THENCE SOUTHEASTERLY CONTINUING ALONG SAID SOUTHERLY RIGHT -OF --WAY LINE BEING THE ARC OF A 602.96 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S63'50'33"E, 77.82 FT.; THENCE SOUTHEASTERLY CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE BEING THE ARC OF A 50.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD SEARING AND DISTANCE OF 325'57'19"E, 66.35 FT. TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF WILLIAM DILLARD DRIVE; THENCE S15'37'5CW ALONG SAID WEST RIGHT-OF-WAY LINE, 73.49 FT.; THENCE SOUTHERLY CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE BEING THE ARC OF A 602.96 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S09'05'49"W, 138.00 FT.; THENCE N83'06'45"W, 225.01 FT.; THENCE N31' 13' 19" E, 320.45 Ff. TO THE POINT OF BEGINNING, CONTAINING 46,195 SQ. FT. OR 1.0605 ACRES MORE OR LESS. o� s am5 Ie '�C ii55w e i t � p£ a� NM- uT f.ffFLC • 1 I y � �'rrae� A�7 -��vu drrri3To wtirir�- - ifu y !- ,y_ i �s Al i I i i<� 9 t. r� ,a• +rf 0 oa O _ i F 4 4-j0 SA' N 4 s} 6' �-1 F j G O p� d O �o� 10 leld AJeulwll8ad z-d I!a!uXzi EXHIBIT "B" LEGAL DESCRIPTION FOR PROPOSED LOT 11 LOT 11. OTTER CREEK SOUTH PART OF THE NW1/4 OF SECTION 9, T-1-S, R-13-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NE1/4 NW1/4, SECTION 9; THENCE S02'04'36" W ALONG THE WEST LINE OF THE SE 1 /4 NW i /4, SECTION 9, 51.17 FT.; THENCE S45'27'20"E, 126.42 FT. TO A POINT ON THE SOUTH RIGHT-OF-WAY UNE OF C.E. TOLAND COURT; THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING. (1) NORTHEASTERLY ALONG THE ARC OF A 50.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N61'57'313' E, 3.41 FT.; (2) NORTHEASTERLY ALONG THE ARC OF A 25.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N7946' 14 E, 16.91 FT.; (3) NORTHEASTERLY ALONG THE ARC OF A 430.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N75'27'12"E, 350.77 FT.; (4) N51'22'50"E, 220.37 FT. AND (5) NORTHEASTERLY ALONG THE ARC OF A 50.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N89'37'51"E, 61.92 FT. TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY UNE OF OTTER CREEK SOUTH ROAD; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE BEING THE ARC OF A 602.96 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S56'06'03" E, 85.00 FT. TO THE POINT OF BEGINNING, THENCE SOUTHEASTERLY CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY UNE BEING THE ARC OF A 602.96 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S63'60'33"E, 77.82 FT.; THENCE SOUTHEASTERLY CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE BEING THE ARC OF A 50.00 FT. RADIUS CURVE TO THE RIGHT, A CHOR❑ BEARING AND DISTANCE OF S25757' 19" E, 66.38 FT. TO A POINT ON THE WEST RIGHT-OF-WAY UNE OF WILLIAM DILLARD DRIVE; THENCE S15'37'56"W ALONG SAID WEST RIGHT-OF-WAY UNE, 73.49 FT,; THENCE SOUTHERLY CONTINUING ALONG SAID WEST RIGHT-OF-WAY UNE BEING THE ARC OF A 602.96 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S09'05'49"W, 138.00 FT.; THENCE N83'06'45"W, 225.01 FT.; THENCE N31'13'19"E, 320.45 FT. TO THE POINT OF BEGINNING, CONTAINING 46,195 SQ. FT. OR 1.060.5 ACRES MORE OR LESS.