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HomeMy WebLinkAboutS-0285-D ApplicationM E M O R A N D U M FROM: Carroll Ball SUBJECT: Final Subdivision Plats ® WHITE-OATERS & ASSOCIATES, INC. ®401 Victory SU'eet Little Rock, Arkansas 72201 [501 j 374-1666 December 10, 1990 Mr. Jim Lawson Director of Neighborhood City of Little Rock 723 W. Markham Little Rock, AR 72201 RE: The Ranch Dear Jim: Revitalization & Planning It is my understanding that sidewalks are required on both sides of those streets where development other than single family occurs within The Ranch. It is also my understanding that in areas of zoning for commercial, office, or multi- family development, sidewalks are to be delayed until each site is developed. This was done on Ranch Drive and Ranch Blvd. The first development, Leisure Arts, is constructing sidewalk alone Ranch Drive as part of their site plan and building permit requirements. Sidewalks that are constructed prior to site development within large commercial and office complexes tend to be old, broken and practically unusable at the time they are needed. Please let me know if this is not a satisfactory course of action for sidewalk construction within The Ranch. Since ely, Jae D. White JDW/skh cc:�Td Borkowski Bob Shults CIVIL ENGINEERING. LAND PLANNING 6 DEVELOPMENT, SURVEYING DECLARATION, PLAT AND RESTRICTIVE COVENANTS THE RANCH RANCH PROPERTIES, INC. This Declaration, Plat and Restrictive Covenants made this 12r4k day of emherz , 1990, by Ranch Properties, Inc., an Arkansas Corporation, hereinafter referred to as "Developer". ARTICLE I. Recitals 1.1 The Developer is the present record title holder of certain real property situated in the County of Pulaski, State of Arkansas, more particularly described as follows: Part of the E1/2, Section 14, T-2-N, R-14-W, Pulaski County, Arkansas, more particularly described as: Starting at the northeast corner of the NWT, SW, Section 13, T-2-N, R-14-W; thence S005114011W, along the East line of said N" ,S" , 1321.0 ft. to the southeast corner thereof; thence S000111611E, along the east line of the S" ,SVPA, said Section 13, 1238.45 ft. to a point on the North right-of-way line of Arkansas State Highway No. 10; thence northwesterly along said North right-of-way line being the arc of a 1382.41 ft. radius curve to the right, having a chord bearing and distance of N6701511511W, 682.08 ft. to a point; thence N5205811511W and continuing along said North right-of-way line, 1495.51 ft. to a point; thence northwesterly and continuing along said North right-of-way line, said line also being the arc of a 1959.86 ft. radius curve to the left, having a chord bearing and distance of N6302110411W, 706.23 1 ft. to a point; thence N73043152"W and continuing along said North right-of-way line, 9.43 ft. to a point; thence northeasterly along the arc of a 40 ft. radius curve to the left, having a chord bearing and distance of N62039143"E, 55.77 ft. to a point; thence N19003'16"E, 175.23 ft. to a point; thence northeasterly along the arc of a 1482.39 ft. radius curve to the right, having a chord bearing and distance of N25000133"E, 307.57 ft. to a point; thence N30057149"E, 124.59 ft. to a point; thence northeasterly along the arc of a 427.46 ft. radius curve to the left, having a chord bearing and distance of N23039146"E, 108.65 ft. to a point; thence N16025'56"E, 56.35 ft. to the point of beginning; thence southwesterly along the arc of a 25 ft. radius curve to the right, having a chord bearing and distance of S62047149"W, 36.17 ft. to a point; thence northwesterly along the arc of a 924.93 ft. radius curve to the right, having a chord bearing and distance of N60°15'25"W, 347.34 ft. to a point; thence N49019'37"W, 696.94 ft. to a point; thence Northwesterly along the arc of a 379.26 ft. radius curve to the right, having a chord bearing and distance of N27010151"W, 282.44 ft. to a point; thence N79049114"E, 508.85 ft. to a point; thence S45°37'47"E, 346.43 ft. to a point; thence S31026156"E, 611.77 ft. to a point; thence southwesterly along the arc of a 622.96 ft. radius curve to the left, having a chord bearing and distance of S2304513311W, 158.62 ft. to a point; thence S16°30'13"W, 43.65 ft. to the point of beginning, containing 485,455 sq. ft. or 11.1445 acres more or less, hereinafter referred to as the "Property". 1.2 The Developer intends to subdivide and plat the Property from time to time into building lots, easements for drainage and uti- Iities. 1.3 Developer has caused to be made a Plat, filed herewith, pre- pared by Timothy E. Daters, a Registered Professional Engineer, dated 'L'I�ec em�ent 5 , 1990, showing a survey made by Joe D. White, a professional Registered Surveyor, bearing a certificate of approval executed by the Little Rock Planning Commission and showing thereon E the metes, bounds and dimensions of that part of the Property which Developer now is desirous of subdividing and platting into a Lot and which is more particularly described as follows, to -wit: Part of the Nh, SEIh, and the Sh,NEW, Section 14, T-2-N, R-14-W, Pulaski County, Arkansas, more particularly described as: Starting at the Northeast corner of the NWA, SWA, Section 13, T-2-N, R-144; thence S0051140"W, along the East line of said NWA,SWA, 1321.0 ft. to the Southeast corner thereof; thence S000111611E, along the East line of the SWA, SW%, said Section 13, 1238.45 ft. to a point on the North right-of-way line of Arkansas State Highway No. 10; thence Northwesterly along said North right-of-way line being the arc of a 1382.41 ft. radius curve to the right, having a chord bearing and distance of N67015115"W, 682.08 ft. to a point; thence N52058115"W and continuing along said North right-of-way line, 1495.51 ft. to a point; thence Northwesterly and continuing along said North right-of-way line, said line also being the arc of a 1959.86 ft. radius curve to the left, having a chord bearing and distance of N63°21-04"W, 706.23 ft. to a point; thence N73043152"W and continuing along said North right-of-way line, 9.43 ft. to a point; thence Northeasterly along the arc of a 40 ft. radius curve to the left, having a chord bearing and distance of N62°39-43"E, 55.77 ft. to a point; thence N1900311611E, 175.23 ft. to a point; thence Northeasterly along the arc of a 1482.39 ft. radius curve to the right, having a chord bearing and distance of N25000133"E, 307.57 ft. to a point; thence N30057149"E, 124.59 ft. to a point; thence Northeasterly along the arc of a 427.46 ft. radius curve to the left, having a chord bearing and distance of N23039146"E, 108.63 ft. to a point; thence N16025156"E, 56.35 ft. to the point of beginning; thence Southwesterly along the arc of a 25 ft. radius curve to the right, having a chord bearing and distance of S62047149"W, 36.17 ft. to a point; thence Northwesterly along the arc of a 924.93 ft. radius curve to the right, having a chord bearing and distance of N60°17-37"W, 346.18 ft. to a point; thence N30017133"E, 217.7 ft. to a point; thence N58036153"E, 173.85 ft. to a point; thence S31026156"E, 289.00 ft. to a point; thence Southwesterly along the arc of a 622.96 ft. radius curve to the left, having a chord bearing and distance of S23045'33"W, 158.62 ft. to a point; thence S16030113"W, 43.65 ft. to the point of beginning, con- taining 107,085 sq. ft. or 2.4583 Acres more or less, hereinafter referred to as Lot. 3 1.4 Developer warrants and represents that is has laid off, platted and subdivided, and does hereby lay off, plat and subdivide the Lot hereinabove described in accordance with the aforesaid Plat. The lands described in Paragraph 1.3 above and embraced in the Plat shall be forever known as Lot 1, Tract F, The Ranch, an Addition to the City of Little Rock, Pulaski County, Arkansas and any and every deed of conveyance of said Lot describing the same by such numerial, character and name shall always be deemed a sufficient description thereof. 1.5 Developer deems it advisable that the title to the Property be held, owned and conveyed subject to the protective and restrictive covenants and reservations herein set forth in order to enhance the value of the Property and to insure the proper use and appropriate development and improvement of the Property as a commercial/office park complex. ARTICLE II. nof;n;+;nnc 2.1 Definition of Terms: (a) "Developer" shall mean RANCH PROPERTIES, INC., an Arkansas corporation, its successors and assigns. (b) 00wner" shall mean and refer to the record owner, whether one or more persons or entities of the fee simple title to any 4 of the Property but excluding those having any interest merely as security for the performance or payment of an obligation. (c) "Property" shall mean and refer to the real property described in Paragraph 1.1 hereof. (d) "Improvements" shall mean and include but not be limited to buildings, parking areas, loading areas, fences, walls, hedges, landscaping, mass plantings, poles, signs and any structures of any type or kind. (e) "Lot" shall mean and refer to the fee simple absolute estate of any platted plot of land within the property boundaries as heretofore and hereafter platted. (f) "Plat" shall mean and refer to that certain drawing which is approved by the City of Little Rock and filed with the Circuit Clerk platting a town lot. (g) "Common Maintenance Property Zone" shall mean and be the following described real property, to -wit: See attached Exhibit "A" which contains the legal description of all Parcels within the Common Maintenance Property Zone. The area of these Parcels is approximately 1,450,000 square feet (or 33.29) acres. (h) "Parcel" any piece of real property within the Common Maintenance Property Zone, whether platted or unplatted. A ARTICLE III. Purpose 3.1 The Property is hereby made subject to the following con- ditions, covenants, restrictions and reservations all of which shall be deemed to run with the Property and each and every part thereof to insure proper use and appropriate development and improvement of said Property so as to (a) protect the Owner against such improper development and uses of surrounding Parcels as will depreciate the value and use of their Parcels; (b) prevent the erection on the Property of structures constructed of improper or unsuitable materials or with improper quality and methods of construction; (c) insure ade- quate and reasonably consistent development of the Property; (d) encourage and assure the erection of attractively designed permanent improvements appropriately located within the Property in order to achieve harmonious appearance and function; (e) to provide adequate off street parking and loading facilities; and (f) generally promote the welfare and safety of the Owner. ARTICLE IV. Facamantc 4.1 A permanent easement or easements for drainage and for the installation, maintenance, repair and replacement of utility services, storm and sanitary sewers and drainage are created, accepted and reserved on, over, across and through the Lot as shown on the plat filed herewith. No structures or buildings or similar improvements shall be built, constructed, erected, installed, placed or maintained within the area of easements. No excavations with the area of said easements for the erection of any fences (wood, wire, stone or brick) or for any other purposes shall be made which would interfere with installation, maintenance, repair and replacement of any utility, storm, sanitary sewer or drainage services. In the event any trees, incinerators, structures, building, fences, pavement or similar impro- vements shall be growing on or be constructed, erected, installed, placed, built or maintained with the area of any such easement, no utility provider will be liable for the destruction of same in the installation, maintenance, repair or replacement of any utility or drainage services located with the area of such easement. ARTICLE V. Permitted Uses 5.1 In the development, use, or ownership of all or any portion of the Property the Owner thereof shall develop, use and occupy the Property in compliance with the zoning rules and regulations of the City of Little Rock in effect from time to time and any and all other applicable governmental entities as they apply to any particular por- tion of the Property. 7 ARTICLE VI. Regulation of Improvements 6.1 Approval. No building shall be erected, placed or altered on the Property until the building plans, specifications, exterior color scheme and plot plan showing the location and facing of such building with respect to existing topography, adjoining streets and finished ground elevations have been approved in writing by the Developer, which approval shall not be arbitrarily withheld. A primary purpose of this restriction is to insure that proper standards of planning, design and construction are followed in the development of the Property. 6.2 Developer's Liabilty. The granting of any approval, permit or authorization by the Developer shall be final and binding. The Developer shall incur no liability by reason of its refusal to approve any plans or specifications submitted hereunder. 6.3 Submission Requirements. (a) Any submission to the Developer for approval of a proposed development shall include: (1) A site plan, to scale, indicating the location of all proposed improvements, including, without limitation, structures, trash disposal, parking areas, storage and maintenance areas, fencing, drainage and traffic circulations; (2) Landscape plans, to scale, indicating site topography, I elevations of walks, drive and building entries, existing tree loca- tions, proposed tree removal and/or replacement (location and trunk diameter), fencing location, site of fencing and material thereof, and any other pertinent site treatment. The landscape plans and the grading plan showing site topography may be submitted as separate plans. (3) Building elevations, to scale, indicating all eleva- tions of proposed structures with specification of building materials, fences and color scheme; and (4) Sign plan, indicating design, location and details of all signs which will be visible from the exterior of any building. (b) Approval of any proposed development by the Developer will not relieve any Owner of the obligation to comply with all laws, ordi- nances, regulations or rules of any governmental body, nor can any Owner rely upon such approval as an indication of such compliance. In no event will approval of such proposed development by the Developer create any liability to the Owner or to any third party who may seek to rely thereon. 6.4 Setbacks. No building shall be located on any Lot nearer to the front, side or rear lot lines than the minimum building setback lines shown on any recorded Plat affecting the Property. The minimum building setback lines are as follows: (a) Front or side yards abutting Ranch Boulevard or Ranch Drive - all principal and accessory buildings or structures are required to have a minimum 50 foot building setback from the property line abutting Ranch Boulevard or Ranch Drive. (b) Side yards not abutting street - the side yard shall not be less than 25 feet, however, in the event any Owner or Owners of con- tiguous Lots desire to develop their Lots as one project, the Developer shall have the right to waive the common side setback lines to promote the development of the contiguous Lots as one in a manner which is aesthetically compatible with the development of the Property. (c) Rear yard - rear yard shall not be less than 25 feet, however, in the event any Owner or Owners of contiguous Lots desire to develop their Lots as one project, the Developer shall have the right to waive the common side setback lines to promote the develop- ment of the contiguous Lots as one in a manner which is aesthetically compatible with the development of the Property. 6.5 Sidewalks. Sidewalks shall be installed by the Owner along abutting streets as may be required by the City of Little Rock. 6.6 Subdividing. No Lot shall be subdivided without the prior written consent of the Developer and the City of Little Rock first having been obtained. 6.7 Building Exteriors. The exterior of all improvements on any Lot shall comply with the following: 10 (1) Exterior wall elevations of buildings must include at least 40% content of Acme Brick Plaza Heights Smooth, Cardinal Red Handcraft, Williamsburg or equivalent, unless otherwise approved by the Developer. (2) Roofs shall be of a sloping design and in a material approved by the Developer, unless otherwise approved by the Developer. (3) Roof -mounted mechanical equipment which is visible from the ground is to be screened and painted to match the exterior material of the building. (4) Gutters and downspouts are to be painted to match the surface to which attached. (5) Vents, louvers, exposed flashing and service doors are to be painted consistent with the exterior material of the building. 6.8 Screening. Areas used for loading, service access, ground - level mechanical equipment, transformers and other appurtenant items of poor visual quality are to be screened by the use of the same material as the building exterior. In the case of certain low-level items, such as transformers, the Developer may approve the substituti- ton of dense, mature landscape materials. 6.9 Signs. (a) Ground Signs. (1) There may be a maximum of one ground sign per building unless the development has entrance drives on two streets, in which 11 case there may be one ground sign at the entrance drive on each street up to a maximum of two total signs. (2) The ground signs will be constructed of Acme Brick Plaza Heights Smooth, Cardinal Red Handcraft, Williamsburg or equiva- lent, pre -cast concrete, or other material approved by the Developer. All letters are to have metal finish directly applied. (3) Ground signs will be no more than six feet above grade in height nor more than 57 square feet in area. If signs are upon landscaped berms, their maximum height above curb level shall be ten feet. (b) Wall Signs. (1) There may be a maximum of one wall sign per building unless a building fronts on two streets, in which case there may be one wall sign per street frontage up to a maximum of two per building. (2) Wall signs shall be no more than 5% of the area of the elevation upon which the sign is located, up to a maximum of 120 square feet. A wall sign will be measured by a rectangle around the outside of the lettering and/or the logo and calculating the area enclosed within the rectangle. All wall signs will have individual letters with metal finish directly applied. (c) Multiple -Tenant Buildin s. In the case of multiple -tenant buildings with separate tenant entrances, each individual tenant may have a wall sign over the entrance to identify the tenant, provided 12 that the sign will give only the name of the company and will be limited to 6"-high letters. These signs will not exceed a maximum of eight square feet and will be individual letters with metal finish directly applied. (d) Pole Signs. One pole sign per Lot may be allowed by the Developer. Unless expressly approved by the Developer, pole signs are not permitted. Such pole sign, if permitted, will contain a surface area no larger than 90% of the surface area permitted by the Little Rock Sign Ordinance and will comply with other size dimensions of the Little Rock Sign Ordinance provided, however, that no such sign shall exceed the height of the buildings situated on the Lot. (e) Informational and Directional Signs. All other exterior signs, including informational and directional signs, will comply with the following specifications: Twin, post -mounted, seamless monolithic, 4" thick sign panels equal to ASI sign systems model 0871 or 0872, the posts and signs to be dark anodized bronze with white letters. The letter style shall be approved by Developer. (f) Temporary Signs. The location, size and design of temporary signs are subject to the approval of the Developer. 6.10 Driveways and Parking. (a) The location of driveways requires the prior approval 13 of the Developer. (b) Each development is to provide the following minimum parking within its confines: (1) Office: One space per 250 square feet gross floor area (2) Retail: One space per 250 square feet gross floor area (3) Restaurants: (except in office buildings and occupying less than 10% of building area): One space per 100 square feet gross floor area (c) No parking is permitted on Ranch Boulevard or Ranch Drive. (d) No parking is permitted within the setbacks as shown on the plat, which are exclusively for landscaping, except as follows: (1) Ranch Boulevard setback: Fifteen foot of setback (2) Ranch Drive setback: Fifteen foot of setback (3) Side yard setback: Six foot of setback (4) Rear yard setback: Six foot of setback (e) All parking areas adjacent to landscaped areas shall have concrete upright curbs. 6.11 Lighting. Exterior lighting shall comply with the following: 14 (a) Parking Lot: (1) Type: Pole -mounted Sterner Diplomat 25, high- pressure sodium light, or equivalent approved by the Developer. (2) Height: Twenty-five overall (3) Finish: Dark bronze anodized finish for pole and fixture (b) Walkways: (1) Type: Sterner 8" round bollard light or equivalent. (2) Finish: Dark bronze anodized finish (c) Lighting to highlight building shall be at ground level with dark bronze anodized finish for fixtures. (d) Security lighting fixtures are limited to use for lighting loading or similar service areas and shall have dark bronze anodized shielding. (e) All exterior lighting shall be shielded and confined within the site boundaries. (f) The Developer may approve alternate lighting plans which will accomplish the intent of the requirements. Such alternate plans shall be submitted in written form with supporting details and if approved by the Developer such approval will be in writing. 6.12 Landscaping. (a) Owner will be responsible for the design, development and 15 maintenance of the landscape on his own site and contiguous planting areas within various right-of-ways and public property to the face of curb. Contiguous parcels owned by such Owner reserved for future expansion shall have the required landscape areas fronting on streets fully developed at the time the first phase of development occurs. Mowing of any undeveloped parcels shall be required at least monthly during the growing season. Dead or extensively damaged trees, ground cover or shrubs shall be identically replaced within thirty (30) days after the damage occurs. Replacements may be made at a later date, with the Developer's approval, if necessary due to seasonal con- ditions. (b) Ranch Boulevard: (1) The front or side yard abutting Ranch Boulevard shall have a landscaped buffer averaging a minimum of 25 feet from the pro- perty line, which will be solid sodded with zoysia (Meyer Z-52) or other equivalent approved by the Developer. (2) Willow oak or other equivalent trees as approved by the Developer will be planted at average 40-foot intervals as located by the Developer. The trees shall be nursery grown, balled and burlaped with a minimum of 14-foot height, 3-inch caliper, have 8-foot clear below canopy, and have minimum 60" canopy spread. (c) Ranch Drive: (1) The front or side yards abutting Ranch Drive shall have 16 a landscaped buffer averaging a minimum of 25 feet from the property line. Area from back of curb to sidewalk will be solid sodded with zoysia (Meyer Z-52) grass or other equivalent approved by the Developer. (2) Willow oak or other equivalent trees as approved by Developer will be planted at average 40-foot intervals as indicated by the Developer. The trees shall be nursery grown, balled and burlaped with a minimum of 14-foot height, 3-inch caliper, have 8-foot clear below canopy, and have minimum 60N canopy spread. (d) Parking Lots: (1) There shall be a least 40 square feet of landscape space and one shade tree or ornamental tree for every 10 parking spa- ces. Each interior landscape space shall contain a minimum of 80 square feet. (2) Permitted trees in parking areas shall include: Shade Trees: Willow Oak Cypress Water Oak Red Maple Other equivalent approved by the Developer Ornamental Trees: Watermelon Red Crepe Myrtle 17 Bradford Pear Multi -trunk Burford Holly Treeform Yaupon Other equivalent approved by the Developer The balance of the landscaped areas in parking lots shall be planted with solid sodded zoysia (Meyer Z-52) or other equivalent approved by the Developer, groundcover or shrubs. (3) The minimum planting sizes are: Shade Trees (same as for rights -of -way) Ornamental Trees - 8' to 10' Shrubs - 2 gallon Groundcover - 1 gallon (e) Side and Rear Yards: (1) All side and rear years shall be solid sodded with zoysia (Meyer Z-52) grass or other equivalent as approved by Developer. Willow oak or other equivalent trees approved by Developer shall be planted at average 30-foot intervals as indicated by the Developer. (f) Surrounding Buildings: (1) There shall be a landscaped area around each building which shall average a minimum of 10 feet. (2) The minimum 10-foot landscaped area around each building must include at least 50% ratio of planting beds with shrubs 18 and groundcover. All grass is to be zoysia (Meyer Z-52) or other equivalent as approved by Developer. (g) Irrigation: All landscaped areas are to be irrigated with an approved automatic sprinkler system. Impact heads will be utilized along the right-of-ways and will be spaced to provide complete coverage between the right-of-way line and the back of curb. The irrigation system will be designed and operated to prevent or minimize run-off and discharge or irrigation water on to roadways, driveways, adjacent pro- perties and any area not under control of the user. 6.13 Maintenance of Areas in Public Rights of Way. (a) Each Parcel Owner shall pay to the Developer or its assignee an annual maintenance charge, which charge shall be due and payable annually in advance on the first day of January in each year. The first year fee shall be prorated on a daily basis from the date of closing through December 31 of that year. The maintenance fund will be used for improving (not initial development) and main- taining the rights of ways (the "Public Areas") in the Common Maintenance Property Zone in such a manner as is deemed necessary by the Developer to maintain the overall attractiveness of the Common Maintenance Property Zone including but not limited to maintaining attractive landscaping in the Public Areas, maintaining the entran- ceway to the Common Maintenance Property Zone (including median areas, 19 curbing and other improvements), maintaining liability insurance pre- miums attributable to such areas, or for doing any other thing necessary in the opinion of the Developer, for keeping the Public Areas neat or in good order. The maintenance fund will not be used for improving or maintaining any privately owned parcels within the Common Maintenance Property Zone. The mowing and trimming of the green belt areas for each individual Parcel within the public right - of way (property between the curb and the property line) shall be the responsibility of the owner of the Parcel as if the property line extended to the curb. (b) The maintenance charge shall be computed based upon the ratio of the square foot area of each Parcel within the Common Maintenance Property Zone to the total square foot area of all property within the Common Maintenance Property Zone of approximately 1,450,000 square feet less the public areas. The payment by Owner at the beginning of each year shall be based upon an estimate by the Developer and adjusted up or down at year end. The charge for such common maintenance shall not exceed $.02 (two cent) per square foot adjusted for inflation as measured by the consumer price index unless such greater charge shall be approved by owners of Parcels, other than the Developer, of a least 2/3 (two-thirds) of the square feet in the Common Maintenance Property Zone. (c) In the event that any Owner fails to maintain its Parcel or that area of the public right-of-way that is its responsibility for maintenance, then the Developer, following reasonable notice, may per- form the necessary maintenance and charge to that respective Owner the cost of such maintenance work. This right of the Developer shall be limited to the landscaping and exterior housekeeping and shall not extend to any maintenance of buildings. (d) Any unpaid amount for general maintenance of the Public Areas or for specific maintenance performed by the Developer due to Owner's failure to maintain its Parcel shall become a lien against the subject Parcel. ARTICLE VII. Termination, Modification, Enforcement and Assignments. 7.1 Term. The covenants, conditions and restrictions and reser- vations contained herein shall continue in full force and effect until January 1, 2020, and shall thereafter be renewed automatically from year to year unless and until terminated as provided in paragraph 7.2 hereof. 7.2 Termination and Modification. The covenants, conditions, restrictions and reservations contained herein may be terminated, extended, modified or amended as to the whole of the Property or any portion therof, with the written consent of the owners of 60% of the Property (other than Property dedicated to the Public Areas). Such 21 termination, extension, modification or amendment shall be immediately effective on the recording the proper instrument in writing executed and acknowledged by such Owner in the office of the Clerk and Ex-Officio Recorder of Pulaski County, Arkansas. Provided, however, none of the restrictive covenants herein contained may be modified, terminated, amended or cancelled prior to January 1, 2020, without the prior written consent of the Developer. 7.3 Right to Enforce. The restrictions and covenants and reser- vations herein set forth run with the land and are binding upon the Developer, the owners and all parties, persons and entities claiming title to or an estate in any part of the Property described herein. Moreoever, any and all parties, persons and entities owning the Property herein described or any part or parcel thereof covenant and agree with all of the owners of the Property hereby restricted and with their heirs, successors and assigns, and with each other, to con- form to and fully observe all of the covenants, restrictions and reservations herein contained. In furtherance of the above and foregoing, the Developer and all owners of any of the Property hereby restricted, shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of, the covenants, restrictions and reservations herein set forth, in addition to ordinary legal action for damages and failure of the Developer or any owner to enforce any of the covenants, 22 restrictions or reservations herein contained at the time of its violation, shall in no event be deemed a waiver of the right to do so thereafter. 7.4 Assignment of Developer's Rights and Duties. Any and all rights, powers and reservations of the Developer herein contained may be assigned by the Developer to any person, corporation or association or committee which will assume any or all of the duties of Developer hereunder, and upon any such person, corporation or association's evi- dencing its consent in writing to accept such assignment, said assignee shall, to the extent of such assignment, assume Developer's duties hereunder, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by the Developer herein. Upon such assignment, and to the extent thereof, the Developer shall be relieved from all liabilities, obligations and duties hereunder. The term Developer as used herein includes all such assignees and their heirs, successors and assigns. If at any time the Developer ceases to exist and has not made such an assignment, a successor developer may be appointed by the owners of 60% of the Property (other than Public Areas) upon compliance with the require- ments of paragraph 7.2 of this Article VII. ARTICLE VIII. Miscellaneous 8.1 No Waiver. All the conditions, covenants, restrictions and 23 reservations contained in this Declaration, Plat and Restrictive Covenants shall be construed together, but if it shall at anytime be held that any one of said conditions, covenants, restrictions and reservations or any part thereof, is invalid, or for any reason beco- mes unenforceable, no other conditions, covenants, restrictions and reservations or any part thereof shall be thereby affected or impaired. 8.2 Owner's Liability_ Subsequent to Sale. Upon sale of a Parcel, the Owner so selling shall not have any further liability for the obligations thereon which accrue against such Parcel sold after the date of the conveyance; provided, however, that nothing herein shall be construed so as to relieve an Owner of any Parcel from any liability or obligations incurred prior to such sale pursuant to this Declaration. Plat and Restrictive Covenants. 8.3 Benefits and Burdens. The terms and provisions contained in this Declaration, Plat and Restrictive Covenants shall bind and inure to the benefit of the Developer, the Owners of all Lots located within the Property, their respective heirs, successors, personal represen- tatives and assigns. 8.4 Notice. Any notices required or permitted herein shall be in writing and mailed, postage prepaid by registered or certified mail, return receipt requested and shall be directed as follows: If intended for an Owner (1) to the Lot if improved; (2) if the Lot is 24 not improved to the address set forth in purchase contract; (3) none of the foregoing, to the last known address of the Owner. If intended for the Developer to the address as follows: Ranch Properties, Inc. c/o Mr. Ed K. Willis Financial Centre Corporation P.O. Box 56350 Little Rock, AR 72215 8.5 Singular and Plural. Words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the contacts requires. EXECUTED on the date first mentioned above. RANCH PROPERTIES, INC. AN ARKANSAS CORPORATION BY: Ed K. Willis, President 25 ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this day before me, a Notary Public, duly commissioned, qualified and acting within and for said county and state, appeared the within named Ed K. Willis as President of Ranch Properties, Inc., an Arkansas corporation, to me personally well know, who stated he was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation 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 seal this day of b c cemhetZ , 1990. My Commission Expires: S %15—?6 1-4, Notary Public 26 Page i of 4 DECLARATION, PLAT AND RESTRICTIVE COVENANTS EXHIBIT °A" Legal Description: Northwest Corner of Ranch Drive and Ranch Boulevard Part of the E1/2, Section 14, T-2-N, R-14-W, Pulaski County, Arkansas, more particularly described as: Starting at the northeast corner of the NW34, SW'A, Section 13, T-2-N, R-14-W; thence S005114011W, along the East line of said NW,SW, 1321.0 ft. to the southeast corner thereof; thence S000111611E, along the east line of the SWIA,SWA, said Section 13, 1238.45 ft. to a point on the North right-of-way line of Arkansas State Highway No. 10; thence northwesterly along said North right-of-way line being the arc of a 1382.41 ft. radius curve to the right, having a chord bearing and distance of N67015115"W, 682.08 ft. to a point; thence N5205811511W and continuing along said North right-of-way line, 1495.51 ft. to a point; thence northwesterly and continuing along said North right-of-way line, said line also being the arc of a 1959.86 ft. radius curve to the left, having a chord bearing and distance of N63021104"W, 706.23 ft. to a point; thence N73043152"W and continuing along said North right-of-way line, 9.43 ft. to a point; thence northeasterly along the arc of a 40 ft. radius curve to the left, having a chord bearing and distance of N62039143"E, 55.77 ft. to a point; thence N19003'16"E, 175.23 ft. to a point; thence northeasterly along the arc of a 1482.39 ft. radius curve to the right, having a chord bearing and distance of N25000133"E, 307.57 ft. to a point; thence N30057'49"E, 124.59 ft. to a point; thence northeasterly along the arc of a 427.46 ft. radius curve to the left, having a chord bearing and distance of N23039146"E, 108.65 ft. to a point; thence N16025156"E, 56.35 ft. to the point of beginning; thence southwesterly along the arc of a 25 ft. radius curve to the right, having a chord bearing and distance of S62047149"W, 36.17 ft. to a point; thence northwesterly along the arc of a 924.93 ft. radius curve to the right, having a chord bearing and distance of N60015125"W, 347.34 ft. to a point; thence N49019137"W, 696.94 ft. to a point; thence Northwesterly along the arc of a 379.26 ft. radius curve to the right, having a chord bearing and distance of N27010151"W, 282.44 ft. to a point; thence N79049114"E, 508.85 ft. to a point; thence S45037147"E, 346.43 ft. to a point; thence S31026156"E, 611.77 ft. to a point; thence southwesterly along the arc of a 622.96 ft. radius curve to the left, having a chord bearing and distance of S23045'33"W, 158.62 ft. to a point; thence S16030'13"W, 43.65 ft. to the point of beginning, containing 485,455 sq. ft. or 11.1445 acres more or less. Page 2 of 4 DECLARATION, PLAT AND RESTRICTIVE COVENANTS EXHIBIT "A" Legal Description: Southwest Corner of Ranch Drive and Ranch Boulevard Part of the N1/2, SE1/4 and the S1/2, NE1/4, Section 14, T-2-N, R-14-W, Pulaski County, Arkansas, more par- ticularly described as: Beginning at the intersection of the West right-of-way line of The Ranch Blvd. and the North right-of-way line, of Arkansas State Highway No. 10; thence N69 degrees 03115"W along said North right-of-way line, 97.94 ft. to point; thence N81 degrees 1213911W and continuing along said North right- of-way line 192.51 ft to a point; thence N73 degrees 43'52"W and continuing along said North right-of-way line, 245.14 ft. to a point; thence N21 degrees 33'15"E, 885.29 ft. to a point; thence S49 degrees 19'37"E, 189.72 ft to a point; thence Southeasterly along the arc of a 984.93 ft. radius curve to the left, having a chord bearing and distance of S60 degrees1415611E, 371.36 ft. to a point; thence Southeasterly along the arc of a 25 ft. radius curve to the right, having a chord bearing and distance of S23 degrees 27'08"E, 36.89 ft. to a point of the West right-of-way line of said The Ranch Blvd.; thence Southwesterly along said West right-of-way line being the arc of a 427.46 ft. radius curve to the right, having a chord bearing and distance of S27 degrees 31'29"W, 51.28 ft. to a point; thence S30 degrees 57'49"W and continuing along said West right-of-way line, 124.59 ft to a point; thence Southwesterly and continuing along said West right-of-way line being the arc of a 1482.39 ft. radius curve to the left having a chord bearing and distance of S25 degrees 00133"W, 307.57 ft to a point; thence S19 degrees 0311611W and continuing along said West right-of-way line 175.23 ft to a point; thence Southwesterly and continuing along said West right-of-way line, being the arc of 40 ft. radius curve to the right, having a chord bearing and distance of S34 degrees 58135"W, 21.95 ft to the point of beginning, containing 417,891 sq. ft. or 9.5935 Acres more or less. Page 3 of 4 DECLARATION, PLAT AND RESTRICTIVE COVENANTS EXHIBIT "A" Legal Description: Southeast Corner Ranch Drive and Ranch Boulevard Part of the E1l2, Section 14, T-2-N, R-14-W, Pulaski County, Arkansas, more particularly described as: Starting at the Southwest corner of Tract IL', The Ranch, Little Rock, Arkansas, said corner lying on the North right-of-way line of Ranch Drive; thence S0400812011E, 63.60 ft. to a paint of the South right- of-way line of said Ranch Drive; thence Northwesterly along said South right-of-way line, being the arc of a 507.46 ft. radius curve to the right having a chord bearing and distance of N59059129"W, 279.82 ft. to a point; thence N43059115"W and continuing along said South right-of-way line, 37.22 ft. to the point ❑f beginning; thence S25000133"W, 547.14 ft. to a point on the North right-of-way line of Arkansa State Highway No. 10; thence Northwesterly along said North right- of-way line the following bearing and distances: H51°37'07"W, 135.95 ft.; N53°31'53"W, 74.70 ft.; N60°34'24"W, 413.61 ft. and N69007154"W, 103.53 ft. to a point on the East right-of-way line of Ranch Blvd.; thence Northerly along said East right-of-way line, being the arc of a 40 ft. radius curve t❑ the right, having a chord bearing and distance of N0103111111W, 28.11 ft. to a point; thence N19°03'16"E and continuing along said East right-of-way line 173.69 ft to a point; thence Northeasterly and continuing along said East right-of-way line, being the arc ❑f 1382.39 ft. radius curve to the right, having a chord bearing and distance of N25000133"E, 286.82 ft. to a point; thence N30057'49"E and continuing along said East right-of-way line, 124.59 ft. to a point; thence Northeasterly and continuing along said East right-of-way line, being the arc of a 527.46 ft. radius curve to the left, having a chord bearing and distance of N26050141"E, 75.78 ft, to a point; thence Northeasterly and continuing along said East right-of-way line being the arc of a 25 ft. radius curve to the right, having a chord bearing and distance of N68047106"E, 36. ft. to a point on the South right-of-way line of Ranch Drive; thence Southeasterly along said South right-of-way line, being the arc ❑f a 542.96 ft. radius curve to the right, having a chord bearing and distance of S54034117"E, 199.46 ft. to a point; thence S43059'15"E and con- tinuing along said South right-of-way line, 551.94 ft. to the point of beginning, containing 471,654 sq ft. or 10.8277 Acres more or less. Page 4 of 4 DECLARATION, PLAT AND RESTRICTIVE COVENANTS EXHIBIT "A" Legal Description: Northeast Corner Ranch Drive and The Ranch Boulevard Part of the E1/2, of Section 14, T-2-N, R-14-W, Pulaski County, Arkansas, more particularly described as: Starting at the Southwest corner of Tract ILI, The Ranch, Little Rock, Arkansas, said corner lying on the North right-of-way line of Ranch Drive; thence Northwesterly along the arc of a 447.46 ft. radius curve to the right, having a chord bearing and distance of N58043122"W, 227.63 ft. to a point; thence N43059-15"W, 589.16 ft. to a point; thence Northwesterly along the arc of a 602.96 ft. radius curve to the left, having a chord bearing and distance of N44021147"W, 7.99 ft. to the point of beginning; thence Northwesterly along the arc of a 602.96 ft. radius curve to the left, having a chord bearing and distance of N55032120"W, 225.81 ft. to a point; thence Northwesterly along the arc of a 25 ft. radius curve to the right, having a chord bearing and distance of N24°56-58"W, 33.05 ft. to a point; thence N16025156"E, 50.14 ft. to a point; thence Northeasterly along the arc of a 522.96 ft. radius curve to the right, having a chord bearing and distance of N23045133"E, 133.39 ft. to a point; thence N58054149"W, 20.0 ft. to a point; thence N3100511111E, 59.67 ft. to a point; thence S58°16-35"E, 330.80 ft. to a point; thence S37005134"W, 270.04 ft. to the point of beginning, containing 75,000 sq. ft. or 1.7218 Acres more or less. ® WHITE-DATERS & ASSOCIATES, INC. ®401 Victory Street n Little Rock, Arkansas 72201 (501) 374-1666 December 10, 1990 Mr. Jim Lawson Director of Neighborhood Revitalization & Planning City of Little Rock 723 W. Markham Little Rock, AR 72201 RE: The Ranch Dear Jim: It is my understanding that sidewalks are required on both sides of those streets where development other than single family occurs within The Ranch. It is also my understanding that in areas of zoning for commercial, office, or multi- family development, sidewalks are to be delayed until each site is developed. This was done on Ranch Drive and Ranch Blvd. The first development, Leisure Arts, is constructing sidewalk along Ranch Drive as part of their site plan and building permit requirements. Sidewalks that are constructed prior to site development within large commercial and office complexes tend to be old, broken and practically unusable at the time they are needed. Please let me know if this is not a satisfactory course of action for sidewalk construction within The Ranch. Sind ely, Joe D. White JDW/skh cc:_Tad Borkowski Bob Shults CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT. SURVEYING M WHITE-OATERS & ASSOCIATES, INC. w 401 Victory Street Little Rock, Arkansas 72201 [501 ] 374-1666 Comprehensive Planning City of Little Rock City Hall Little Rock, AR 72201 Gentlemen: It is requested that a C for _ Gam' -�f`re Section T- -_ County, Arkansas. ificate of Final Plat Approval be issued , located in R- I Little Rock, Pulaski Please let us know if there is additional information required. Sincerely, WHITE-DATERS & ASSOCIATES, INC. By: �� A7r 4me4-xe;� Enclosures: 1 `l W CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING rM FINANCIAL CENTRE CORPORATION December 6, 1990 Mr. Jim Lawson Planning Director City of Little Rock 723 West Markham Little Rock, AR 72201 Re: Final Plat State Farm Mutual insurance Company Dear Jim: We have submitted the final plat to your staff for review and approval. We are requesting that this plat not be recorded until the closing date which is anticipated to be December 13, 1990. Sincerely, Edward K. Willis EKW/map L•:trCity of Little Rock Mark Stodola City Attorney November 28, 1990 City Han 500 W. Markham St. Little Rock, Arkansas 72201 501/371-4527 Robert L. Shults Financial Centre Corporation P. O. Box 56350 Little Rock, AR 72215 Dear Bob: I have reviewed the Escrow Agreement which you faxed to me yesterday regarding the sale of the property from Ranch Properties, Inc. to State Farm Mutual Automobile Insurance Company. It appears that the provision providing for the deposit by Ranch Properties, Inc. of an amount sufficient to complete all of the off -site improvements required for final platting complies with Section 31-431 (c) of the Subdivision Ordinance as a means of assuring the City of the completion of off -site improvements subsequent to the final platting of the lot. However, since the agreement provided was merely a draft, please provide us with a copy of the final executed Escrow Agreement, substantially unchanged from the draft, which includes the estimate of the cost of construction as prepared by White-Daters Associates. If you have any questions about information, please contact me. sincerely, MARK STODO CITY ATTORNEY MS:dw cc: Jerry Gardner this matter or need any additional r DECLARATION, PLAT AND RESTRICTIVE COVENANTS THE RANCH RANCH PROPERTIES, INC. This Declaration, Plat and Restrictive Covenants made this day of , 1990, by Ranch Properties, Inc., an Arkansas Corporation, hereinafter referred to as uDeveloperu. ARTICLE I. Recitals 1.1 The Developer is the present record title holder of certain real property situated in the County of Pulaski, State of Arkansas, more particularly described as follows: Part of the E1/2, Section 14, T-2-N, R-14-W, Pulaski County, Arkansas, more particularly described as: Starting at the northeast corner of the NWT, SW%, Section 13, T-2-N, R-14-W; thence S005114011W, along the East line of said NWA,SWIA, 1321.0 ft. to the southeast corner thereof; thence S000111611E, along the east line of the SW,S" , said Section 13, 1238.45 ft. to a point on the North right-of-way line of Arkansas State Highway No. 10; thence northwesterly along said North right-of-way line being the arc of a 1382.41 ft. radius curve to the right, having a chord bearing and distance of N67015115"W, 682.08 ft. to a point; thence N52058'15"W and continuing along said North right-of-way line, 1495.51 ft. to a point; thence northwesterly and continuing along said North right-of-way line, said line also being the arc of a 1959.86 ft. radius curve to the left, having a chord bearing and distance of N63021104"W, 706.23 1 ft. to a point; thence N73043152NW and continuing along said North right-of-way line, 9.43 ft. to a point; thence northeasterly along the arc of a 40 ft. radius curve to the left, having a chord bearing and distance of N62039143"E, 55.77 ft. to a point; thence N1900311611E, 175.23 ft. to a point; thence northeasterly along the arc of a 1482.39 ft. radius curve to the right, having a chord bearing and distance of N25000133"E, 307.57 ft. to a point; thence N30°57-49"E, 124.59 ft. to a point; thence northeasterly along the arc of a 427.46 ft. radius curve to the left, having a chord bearing and distance of N23039146"E, 108.65 ft. to a point; thence N16025156"E, 56.35 ft. to the point of beginning; thence southwesterly along the arc of a 25 ft. radius curve to the right, having a chord bearing and distance of S62047149"W, 36.17 ft. to a point; thence northwesterly along the arc of a 924.93 ft. radius curve to the right, having a chord bearing and distance of N60°15-25"W, 347.34 ft. to a point; thence N49019137"W, 696.94 ft. to a point; thence Northwesterly along the arc of a 379.26 ft. radius curve to the right, having a chord bearing and distance of N27010151"W, 282.44 ft. to a point; thence N79049114"E, 508.85 ft. to a point; thence S45037-47"E, 346.43 ft. to a point; thence S31026156"E, 611.77 ft. to a point; thence southwesterly along the arc of a 622.96 ft. radius curve to the left, having a chord bearing and distance of S2304513311W, 158.62 ft. to a point; thence S16°30-13"W, 43.65 ft. to the point of beginning, containing 485,455 sq. ft. or 11.1445 acres more or less, hereinafter referred to as the "Property". 1.2 The Developer intends to subdivide and plat the Property from time to time into building lots, easements for drainage and uti- lities. 1.3 Developer has caused to be made a Plat, filed herewith, pre- pared by Timothy E. Daters, a Registered Professional Engineer, dated 1990, showing a survey made by Joe D. White, a professional Registered Surveyor, bearing a certificate of approval executed by the Little Rock Planning Commission and showing thereon E the metes, bounds and dimensions of that part of the Property which Developer now is desirous of subdividing and platting into a Lot and which is more particularly described as follows, to -wit: Part of the W, SEA, and the S16,NE%, Section 14, T-2-N, R-14-W, Pulaski County, Arkansas, more particularly described as: Starting at the Northeast corner of the NWT, SWA, Section 13, T-2-N, R-14-W; thence S0051'40"W, along the East line of said NWA,SWA, 1321.0 ft. to the Southeast corner thereof; thence S0001116"E, along the East line of the SWA, SWA, said Section 13, 1238.45 ft. to a point on the North right-of-way line of Arkansas State Highway No. 10; thence Northwesterly along said North right-of-way line being the arc of a 1382.41 ft. radius curve to the right, having a chord bearing and distance of N67015115"W, 682.08 ft. to a point; thence N52058115"W and continuing along said North right-of-way line, 1495.51 ft. to a point; thence Northwesterly and continuing along said North right-of-way line, said line also being the arc of a 1959.86 ft. radius curve to the left, having a chord bearing and distance of N63°21'04"W, 706.23 ft. to a point; thence N73043152"W and continuing along said North right-of-way line, 9.43 ft. to a point; thence Northeasterly along the arc of a 40 ft. radius curve to the left, having a chord bearing and distance of N62°39'43"E, 55.77 ft. to a point; thence N1900311611E, 175.23 ft. to a point; thence Northeasterly along the arc of a 1482.39 ft. radius curve to the right, having a chord bearing and distance of N25000133"E, 307.57 ft. to a point; thence N30057149"E, 124.59 ft. to a point; thence Northeasterly along the arc of a 427.46 ft. radius curve to the left, having a chord bearing and distance of N23039146"E, 108.63 ft. to a point; thence N16025156"E, 56.35 ft. to the point of beginning; thence Southwesterly along the arc of a 25 ft. radius curve to the right, having a chord bearing and distance of S62047149"W, 36.17 ft. to a point; thence Northwesterly along the arc of a 924.93 ft. radius curve to the right, having a chord bearing and distance of N60°17'37"W, 346.18 ft. to a point; thence N30017133"E, 217.7 ft. to a point; thence N58036153"E, 173.85 ft. to a point; thence S31026156"E, 289.00 ft. to a point; thence Southwesterly along the arc of a 622.96 ft. radius curve to the left, having a chord bearing and distance of S23045133"W, 158.62 ft. to a point; thence S16030'13"W, 43.65 ft. to the point of beginning, con- taining 107,085 sq. ft. or 2.4583 Acres more or less, hereinafter referred to as Lot. 3 1.4 Developer warrants and represents that is has laid off, platted and subdivided, and does hereby lay off, plat and subdivide the Lot hereinabove described in accordance with the aforesaid Plat. The lands described in Paragraph 1.3 above and embraced in the Plat shall be forever known as Lot 1, Tract F, The Ranch, an Addition to the City of Little Rock, Pulaski County, Arkansas and any and every deed of conveyance of said Lot describing the same by such numerial, character and name shall always be deemed a sufficient description thereof. 1.5 Developer deems it advisable that the title to the Property be held, owned and conveyed subject to the protective and restrictive covenants and reservations herein set forth in order to enhance the value of the Property and to insure the proper use and appropriate development and improvement of the Property as a commercial/office park complex. ARTICLE II. nafin4+4nne 2.1 Definition of Terms: (a) "Developer" shall mean RANCH PROPERTIES, INC., an Arkansas corporation, its successors and assigns. (b) "Owner" shall mean and refer to the record owner, whether one or more persons or entities of the fee simple title to any 2 of the Property but excluding those having any interest merely as security for the performance or payment of an obligation. (c) "Property" shall mean and refer to the real property described in Paragraph 1.1 hereof. (d) "Improvements" shall mean and include but not be limited to buildings, parking areas, loading areas, fences, walls, hedges, landscaping, mass plantings, poles, signs and any structures of any type or kind. (e) "Lot" shall mean and refer to the fee simple absolute estate of any platted plot of land within the property boundaries as heretofore and hereafter platted. (f) "Plat" shall mean and refer to that certain drawing which is approved by the City of Little Rock and filed with the Circuit Clerk platting a town lot. (g) "Common Maintenance Property Zone" shall mean and be the following described real property, to -wit: See attached Exhibit "A" which contains the legal description of all Parcels within the Common Maintenance Property Zone. The area of these Parcels is approximately 1,450,000 square feet (or 33.29) acres. (h) "Parcel" any piece of real property within the Common Maintenance Property Zone, whether platted or unplatted. 5 ARTICLE III. Purpose 3.1 The Property is hereby made subject to the following con- ditions, covenants, restrictions and reservations all of which shall be deemed to run with the Property and each and every part thereof to insure proper use and appropriate development and improvement of said Property so as to (a) protect the Owner against such improper development and uses of surrounding Parcels as will depreciate the value and use of their Parcels; (b) prevent the erection on the Property of structures constructed of improper or unsuitable materials or with improper quality and methods of construction; (c) insure ade- quate and reasonably consistent development of the Property; (d) encourage and assure the erection of attractively designed permanent improvements appropriately located within the Property in order to achieve harmonious appearance and function; (e) to provide adequate off street parking and loading facilities; and (f) generally promote the welfare and safety of the Owner. ARTICLE IV. Easements 4.1 A permanent easement or easements for drainage and for the installation, maintenance, repair and replacement of utility services, 1 storm and sanitary sewers and drainage are created, accepted and reserved on, over, across and through the Lot as shown on the plat filed herewith. No structures or buildings or similar improvements shall be built, constructed, erected, installed, placed or maintained within the area of easements. No excavations with the area of said easements for the erection of any fences (wood, wire, stone or brick) or for any other purposes shall be made which would interfere with installation, maintenance, repair and replacement of any utility, storm, sanitary sewer or drainage services. In the event any trees, incinerators, structures, building, fences, pavement or similar impro- vements shall be growing on or be constructed, erected, installed, placed, built or maintained with the area of any such easement, no utility provider will be liable for the destruction of same in the installation, maintenance, repair or replacement of any utility or drainage services located with the area of such easement. ARTICLE V. Permitted Uses 5.1 In the development, use, or ownership of all or any portion of the Property the Owner thereof shall develop, use and occupy the Property in compliance with the zoning rules and regulations of the City of Little Rock in effect from time to time and any and all other applicable governmental entities as they apply to any particular por- tion of the Property. 7 ARTICLE VI. Re ulation of Improvements 6.1 Approval. No building shall be erected, placed or altered on the Property until the building plans, specifications, exterior color scheme and plot plan showing the location and facing of such building with respect to existing topography, adjoining streets and finished ground elevations have been approved in writing by the Developer, which approval shall not be arbitrarily withheld. A primary purpose of this restriction is to insure that proper standards of planning, design and construction are followed in the development of the Property. 6.2 Developer's Liabili . The granting of any approval, permit or authorization by the Developer shall be final and binding. The Developer shall incur no liability by reason of its refusal to approve any plans or specifications submitted hereunder. 6.3 Submission Requirements. (a) Any submission to the Developer for approval of a proposed development shall include: (1) A site plan, to scale, indicating the location of all proposed improvements, including, without limitation, structures, trash disposal, parking areas, storage and maintenance areas, fencing, drainage and traffic circulations; (2) Landscape plans, to scale, indicating site topography, elevations of walks, drive and building entries, existing tree loca- tions, proposed tree removal and/or replacement (location and trunk diameter), fencing location, site of fencing and material thereof, and any other pertinent site treatment. The landscape plans and the grading plan showing site topography may be submitted as separate plans. (3) Building elevations, to scale, indicating all eleva- tions of proposed structures with specification of building materials, fences and color scheme; and (4) Sign plan, indicating design, location and details of all signs which will be visible from the exterior of any building. (b) Approval of any proposed development by the Developer,will not relieve any Owner of the obligation to comply with all laws, ordi- nances, regulations or rules of any governmental body, nor can any Owner rely upon such approval as an indication of such compliance. In no event will approval of such proposed development by the Developer create any liability to the Owner or to any third party who may seek to rely thereon. 6.4 Setbacks. No building shall be located on any Lot nearer to the front, side or rear lot lines than the minimum building setback lines shown on any recorded Plat affecting the Property. The minimum building setback lines are as follows: (a) Front or side yards abutting Ranch Boulevard or Ranch Drive - all principal and accessory buildings or structures are required to have a minimum 50 foot building setback from the property line abutting Ranch Boulevard or Ranch Drive. (b) Side yards not abutting street - the side yard shall not be less than 25 feet, however, in the event any Owner or Owners of con- tiguous Lots desire to develop their Lots as one project, the Developer shall have the right to waive the common side setback lines to promote the development of the contiguous Lots as one in a manner which is aesthetically compatible with the development of the Property. (c) Rear yard - rear yard shall not be less than 25 feet, however, in the event any Owner or Owners of contiguous Lots desire to develop their Lots as one project, the Developer shall have the right to waive the common side setback lines to promote the develop- ment of the contiguous Lots as one in a manner which is aesthetically compatible with the development of the Property. 6.5 Sidewalks. Sidewalks shall be installed by the Owner along abutting streets as may be required by the City of Little Rock. 6.6 Subdividing. No Lot shall be subdivided without the prior written consent of the Developer and the City of Little Rock first having been obtained. 6.7 Building Exteriors. The exterior of all improvements on any Lot shall comply with the following: all (1) Exterior wall elevations of buildings must include at least 40% content of Acme Brick Plaza Heights Smooth, Cardinal Red Handcraft, Williamsburg or equivalent, unless otherwise approved by the Developer. (2) Roofs shall be of a sloping design and in a material approved by the Developer, unless otherwise approved by the Developer. (3) Roof -mounted mechanical equipment which is visible from the ground is to be screened and painted to match the exterior material of the building. (4) Gutters and downspouts are to be painted to match the surface to which attached. (5) Vents, louvers, exposed flashing and service doors are to be painted consistent with the exterior material of the building. 6.8 Screening. Areas used for loading, service access, ground - level mechanical equipment, transformers and other appurtenant items of poor visual quality are to be screened by the use of the same material as the building exterior. In the case of certain low-level items, such as transformers, the Developer may approve the substituti- ton of dense, mature landscape materials. 6.9 Signs. (a) Ground Signs. (1) There may be a maximum of one ground sign per building unless the development has entrance drives on two streets, in which 11 case there may be one ground sign at the entrance drive on each street up to a maximum of two total signs. (2) The ground signs will be constructed of Acme Brick Plaza Heights Smooth, Cardinal Red Handcraft, Williamsburg or equiva- lent, pre -cast concrete, or other material approved by the Developer. All letters are to have metal finish directly applied. (3) Ground signs will be no more than six feet above grade in height nor more than 57 square feet in area. If signs are upon landscaped berms, their maximum height above curb level shall be ten feet. (b) Wall Signs. (1) There may be a maximum of one wall sign per building unless a building fronts on two streets, in which case there may be one wall sign per street frontage up to a maximum of two per building. (2) Wall signs shall be no more than 5% of the area of the elevation upon which the sign is located, up to a maximum of 120 square feet. A wall sign will be measured by a rectangle around the outside of the lettering and/or the logo and calculating the area enclosed within the rectangle. All wall signs will have individual letters with metal finish directly applied. (c) Multiple -Tenant Buildings. In the case of multiple -tenant buildings with separate tenant entrances, each individual tenant may have a wall sign over the entrance to identify the tenant, provided 12 that the sign will give only the name of the company and will be limited to 6"-high letters. These signs will not exceed a maximum of eight square feet and will be individual letters with metal finish directly applied. (d) Pole Signs. One pole sign per Lot may be allowed by the Developer. Unless expressly approved by the Developer, pole signs are not permitted. Such pole sign, if permitted, will contain a surface area no larger than 90% of the surface area permitted by the Little Rock Sign Ordinance and will comply with other size dimensions of the Little Rock Sign Ordinance provided, however, that no such sign shall exceed the height of the buildings situated on the Lot. (e) Informational and Directional Si ns. All other exterior signs, including informational and directional signs, will comply with the following specifications: Twin, post -mounted, seamless monolithic, 4" thick sign panels equal to ASI sign systems model 0871 or 0872, the posts and signs to be dark anodized bronze with white letters. The letter style shall be approved by Developer. (f) Temporary Signs. The location, size and design of temporary signs are subject to the approval of the Developer. 6.10 Driveways and Parkin . (a) The location of driveways requires the prior approval 13 of the Developer. (b) Each development is to provide the following minimum parking within its confines: (1) Office: One space per 250 square feet gross floor area (2) Retail: One space per 250 square feet gross floor area (3) Restaurants: (except in office buildings and occupying less than 10% of building area): One space per 100 square feet gross floor a rea (c) No parking is permitted on Ranch Boulevard or Ranch Drive. (d) No parking is permitted within the setbacks as shown on the plat, which are exclusively for landscaping, except as follows: (1) Ranch Boulevard setback: Fifteen foot of setback (2) Ranch Drive setback: Fifteen foot of setback (3) Side yard setback: Six foot of setback (4) Rear yard setback: Six foot of setback (e) All parking areas adjacent to landscaped areas shall have concrete upright curbs. 6.11 Lighting. Exterior lighting shall comply with the following: 14 (a) Parking Lot: (1) Type: Pole -mounted Sterner Diplomat 25, high- pressure sodium light, or equivalent approved by the Developer. (2) Height: Twenty-five overall (3) Finish: Dark bronze anodized finish for pole and fixture (b) Walkways: (1) Type: Sterner 8" round bollard light or equivalent. (2) Finish: Dark bronze anodized finish (c) Lighting to highlight building shall be at ground level with dark bronze anodized finish for fixtures. (d) Security lighting fixtures are limited to use for lighting loading or similar service areas and shall have dark bronze anodized shielding. (e) All exterior lighting shall be shielded and confined within the site boundaries. (f) The Developer may approve alternate lighting plans which will accomplish the intent of the requirements. Such alternate plans shall be submitted in written form with supporting details and if approved by the Developer such approval will be in writing. 6.12 Landscaping. (a) Owner will be responsible for the design, development and 15 maintenance of the landscape on his own site and contiguous planting areas within various right-of-ways and public property to the face of curb. Contiguous parcels owned by such Owner reserved for future expansion shall have the required landscape areas fronting on streets fully developed at the time the first phase of development occurs. Mowing of any undeveloped parcels shall be required at least monthly during the growing season. Dead or extensively damaged trees, ground cover or shrubs shall be identically replaced within thirty (30) days after the damage occurs. Replacements may be made at a later date, with the Developer's approval, if necessary due to seasonal con- ditions. (b) Ranch Boulevard: (1) The front or side yard abutting Ranch Boulevard shall have a landscaped buffer averaging a minimum of 25 feet from the pro- perty line, which will be solid sodded with zoysia (Meyer Z-52) or other equivalent approved by the Developer. (2) Willow oak or other equivalent trees as approved by the Developer will be planted at average 40-foot intervals as located by the Developer. The trees shall be nursery grown, balled and burlaped with a minimum of 14-foot height, 3-inch caliper, have 8-foot clear below canopy, and have minimum 60" canopy spread. (c) Ranch Drive: (1) The front or side yards abutting Ranch Drive shall have 16 a landscaped buffer averaging a minimum of 25 feet from the property line. Area from back of curb to sidewalk will be solid sodded with zoysia (Meyer Z-52) grass or other equivalent approved by the Developer. (2) Willow oak or other equivalent trees as approved by Developer will be planted at average 40-foot intervals as indicated by the Developer. The trees shall be nursery grown, balled and burlaped with a minimum of 14-foot height, 3-inch caliper, have 8-foot clear below canopy, and have minimum 60" canopy spread. (d) Parking Lots: (1) There shall be a least 40 square feet of landscape space and one shade tree or ornamental tree for every 10 parking spa- ces. Each interior landscape space shall contain a minimum of 80 square feet. (2) Permitted trees in parking areas shall include: Shade Trees: Willow Oak Cypress Water Oak Red Maple Other equivalent approved by the Developer Ornamental Trees: Watermelon Red Crepe Myrtle 17 Bradford Pear Multi -trunk Burford Holly Treeform Yaupon Other equivalent approved by the Developer The balance of the landscaped areas in parking lots shall be planted with solid sodded zoysia (Meyer Z-52) or other equivalent approved by the Developer, groundcover or shrubs. (3) The minimum planting sizes are: Shade Trees (same as for rights -of -way) Ornamental Trees - 8' to 10' Shrubs - 2 gallon Groundcover - 1 gallon (e) Side and Rear Yards: (1) All side and rear years shall be solid sodded with zoysia (Meyer Z-52) grass or other equivalent as approved by Developer. Willow oak or other equivalent trees approved by Developer shall be planted at average 30-foot intervals as indicated by the Developer. (f) Surrounding Buildings: (1) There shall be a landscaped area around each building which shall average a minimum of 10 feet. (2) The minimum 10-foot landscaped area around each building must include at least 50% ratio of planting beds with shrubs 18 and groundcover. All grass is to be zoysia (Meyer Z-52) or other equivalent as approved by Developer. (g) Irrigation: All landscaped areas are to be irrigated with an approved automatic sprinkler system. Impact heads will be utilized along the right-of-ways and will be spaced to provide complete coverage between the right-of-way line and the back of curb. The irrigation system will be designed and operated to prevent or minimize run-off and discharge or irrigation water on to roadways, driveways, adjacent pro- perties and any area not under control of the user. 6.13 Maintenance of Areas in Public Rights of Way. (a) Each Parcel Owner shall pay to the Developer or its assignee an annual maintenance charge, which charge shall be due and payable annually in advance on the first day of January in each year. The first year fee shall be prorated on a daily basis from the date of closing through December 31 of that year. The maintenance fund will be used for improving (not initial development) and main- taining the rights of ways (the "Public Areas") in the Common Maintenance Property Zone in such a manner as is deemed necessary by the Developer to maintain the overall attractiveness of the Common Maintenance Property Zone including but not limited to maintaining attractive landscaping in the Public Areas, maintaining the entran- ceway to the Common Maintenance Property Zone (including median areas, 19 curbing and other improvements), maintaining liability insurance pre- miums attributable to such areas, or for doing any other thing necessary in the opinion of the Developer, for keeping the Public Areas neat or in good order. The maintenance fund will not be used for improving or maintaining any privately owned parcels within the Common Maintenance Property Zone. The mowing and trimming of the green belt areas for each individual Parcel within the public right - of way (property between the curb and the property line) shall be the responsibility of the owner of the Parcel as if the property line extended to the curb. (b) The maintenance charge shall be computed based upon the ratio of the square foot area of each Parcel within the Common Maintenance Property Zone to the total square foot area of all property within the Common Maintenance Property Zone of approximately 1,450,000 square feet less the public areas. The payment by Owner at the beginning of each year shall be based upon an estimate by the Developer and adjusted up or down at year end. The charge for such common maintenance shall not exceed $.02 (two cent) per square foot adjusted for inflation as measured by the consumer price index unless such greater charge shall be approved by owners of Parcels, other than the Developer, of a least 2/3 (two-thirds) of the square feet in the Common Maintenance Property Zone. (c) In the event that any Owner fails to maintain its Parcel RE or that area of the public right-of-way that is its responsibility for maintenance, then the Developer, following reasonable notice, may per- form the necessary maintenance and charge to that respective Owner the cost of such maintenance work. This right of the Developer shall be limited to the landscaping and exterior housekeeping and shall not extend to any maintenance of buildings. (d) Any unpaid amount for general maintenance of the Public Areas or for specific maintenance performed by the Developer due to Owner's failure to maintain its Parcel shall become a lien against the subject Parcel. ARTICLE VII. Termination, Modification, Enforcement and Assignments. 7.1 Term. The covenants, conditions and restrictions and reser- vations contained herein shall continue in full force and effect until January 1, 2020, and shall thereafter be renewed automatically from year to year unless and until terminated as provided in paragraph 7.2 hereof. 7.2 Termination and Modification. The covenants, conditions, restrictions and reservations contained herein may be terminated, extended, modified or amended as to the whole of the Property or any portion therof, with the written consent of the owners of 60% of the Property (other than Property dedicated to the Public Areas). Such 21 termination, extension, modification or amendment shall be immediately effective on the recording the proper instrument in writing executed and acknowledged by such Owner in the office of the Clerk and Ex-Officio Recorder of Pulaski County, Arkansas. Provided, however, none of the restrictive covenants herein contained may be modified, terminated, amended or cancelled prior to January 1, 2020, without the prior written consent of the Developer. 7.3 Right to Enforce. The restrictions and covenants and reser- vations herein set forth run with the land and are binding upon the Developer, the owners and all parties, persons and entities claiming title to or an estate in any part of the Property described herein. Moreoever, any and all parties, persons and entities owning the Property herein described or any part or parcel thereof covenant and agree with all of the owners of the Property hereby restricted and with their heirs, successors and assigns, and with each other, to con- form to and fully observe all of the covenants, restrictions and reservations herein contained. In furtherance of the above and foregoing, the Developer and all owners of any of the Property hereby restricted, shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of, the covenants, restrictions and reservations herein set forth, in addition to ordinary legal action for damages and failure of the Developer or any owner to enforce any of the covenants, 22 restrictions or reservations herein contained at the time of its violation, shall in no event be deemed a waiver of the right to do so thereafter. 7.4 Assignment of Developer's Rights and Duties. Any and all rights, powers and reservations of the Developer herein contained may be assigned by the Developer to any person, corporation or association or committee which will assume any or all of the duties of Developer hereunder, and upon any such person, corporation or association's evi- dencing its consent in writing to accept such assignment, said assignee shall, to the extent of such assignment, assume Developer's duties hereunder, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by the Developer herein. Upon such assignment, and to the extent thereof, the Developer shall be relieved from all liabilities, obligations and duties hereunder. The term Developer as used herein includes all such assignees and their heirs, successors and assigns. If at any time the Developer ceases to exist and has not made such an assignment, a successor developer may be appointed by the owners of 60% of the Property (other than Public Areas) upon compliance with the require- ments of paragraph 7.2 of this Article VII. ARTICLE VIII. Miscellaneous 8.1 No Waiver. All the conditions, covenants, restrictions and 23 reservations contained in this Declaration, Plat and Restrictive Covenants shall be construed together, but if it shall at anytime be held that any one of said conditions, covenants, restrictions and reservations or any part thereof, is invalid, or for any reason beco- mes unenforceable, no other conditions, covenants, restrictions and reservations or any part thereof shall be thereby affected or impaired. 8.2 Owner's Liability Subsequent to Sale. Upon sale of a Parcel, the Owner so selling shall not have any further liability for the obligations thereon which accrue against such Parcel sold after the date of the conveyance; provided, however, that nothing herein shall be construed so as to relieve an Owner of any Parcel from any liability or obligations incurred prior to such sale pursuant to this Declaration_ Plat and Restrictive Covenants_ 8.3 Benefits and Burdens. The terms and provisions contained in this Declaration, Plat and Restrictive Covenants shall bind and inure to the benefit of the Developer, the Owners of all Lots located within the Property, their respective heirs, successors, personal represen- tatives and assigns. 8.4 Notice. Any notices required or permitted herein shall be in writing and mailed, postage prepaid by registered or certified mail, return receipt requested and shall be directed as follows: If intended for an Owner (1) to the Lot if improved; (2) if the Lot is 24 not improved to the address set forth in purchase contract; (3) none of the foregoing, to the last known address of the Owner. If intended for the Developer to the address as follows: Ranch Properties, Inc. c/o Mr. Ed K. Willis Financial Centre Corporation P.O. Box 56350 Little Rock, AR 72215 8.5 Singular and Plural. Words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the contacts requires. EXECUTED on the date first mentioned above. RANCH PROPERTIES, INC. AN ARKANSAS CORPORATION BY: Ed K. Willis, President 25 ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this day before me, a Notary Public, duly commissioned, qualified and acting within and for said county and state, appeared the within named Ed K. Willis as President of Ranch Properties, Inc., an Arkansas corporation, to me personally well know, who stated he was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation 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 seal this day of My Commission Expires: , 1990. Notary Public �V- Page 1 of 4 DECLARATION, PLAT AND RESTRICTIVE COVENANTS EXHIBIT "A" Legal Description: Northwest Corner of Ranch Drive and Ranch Boulevard Part of the E1/2, Section 14, T-2-N, R-14-W, Pulaski County, Arkansas, more particularly described as: Starting at the northeast corner of the NWIA, SVPA, Section 13, T-2-N, R-14-W; thence S005114011W, along the East line of said NVPA,SW'A, 1321.0 ft. to the southeast corner thereof; thence S000111611E, along the east line of the SVPA,SVPA, said Section 13, 1238.45 ft. to a point on the North right-of-way line of Arkansas State Highway No. 10; thence northwesterly along said North right-of-way line being the arc of a 1382.41 ft. radius curve to the right, having a chord bearing and distance of N67015115"W, 682.08 ft. to a point; thence N52058115"W and continuing along said North right-of-way line, 1495.51 ft. to a point; thence northwesterly and continuing along said North right-of-way line, said line also being the arc of a 1959.86 ft. radius curve to the left, having a chord bearing and distance of N63021104"W, 706.23 ft. to a point; thence N73043152"W and continuing along said North right-of-way line, 9.43 ft. to a point; thence northeasterly along the arc of a 40 ft. radius curve to the left, having a chord bearing and distance of N62039143"E, 55.77 ft. to a point; thence N1900311611E, 175.23 ft. to a point; thence northeasterly along the arc of a 1482.39 ft. radius curve to the right, having a chord bearing and distance of N25000133"E, 307.57 ft. to a point; thence N30°57-49"E, 124.59 ft. to a point; thence northeasterly along the arc of a 427.46 ft. radius curve to the left, having a chord bearing and distance of N23039146"E, 108.65 ft. to a point; thence N16025156"E, 56.35 ft. to the point of beginning; thence southwesterly along the arc of a 25 ft. radius curve to the right, having a chord bearing and distance of S62047149"W, 36.17 ft. to a point; thence northwesterly along the arc of a 924.93 ft. radius curve to the right, having a chord bearing and distance of N60015125"W, 347.34 ft. to a point; thence N49019137"W, 696.94 ft. to a point; thence Northwesterly along the arc of a 379.26 ft. radius curve to the right, having a chord bearing and distance of N27010151"W, 282.44 ft. to a point; thence N79049114"E, 508.85 ft. to a point; thence S45°37-47"E, 346.43 ft. to a point; thence S31026156"E, 611.77 ft. to a point; thence southwesterly along the arc of a 622.96 ft. radius curve to the left, having a chord bearing and distance of S23045133"W, 158.62 ft. to a point; thence S16°30113"W, 43.65 ft. to the point of beginning, containing 485,455 sq. ft. or 11.1445 acres more or less. Page 2 of 4 DECLARATION, PLAT AND RESTRICTIVE COVENANTS EXHIBIT "A" Legal Description: Southwest Corner of Ranch Drive and Ranch Boulevard Part of the N1/2, SE1/4 and the S1/2, NE1/4, Section 14, T-2-N, R-14-W, Pulaski County, Arkansas, more par- ticularly described as: Beginning at the intersection of the West right-of-way line of The Ranch Blvd. and the North right-of-way line, of Arkansas State Highway No. 10; thence N69 degrees 03115"W along said North right-of-way line, 97.94 ft. to point; thence N81 degrees 1213911W and continuing along said North right- of-way line 192.51 ft to a point; thence N73 degrees 43'52"W and continuing along said North right-of-way line, 245.14 ft. to a point; thence N21 degrees 33'15"E, 885.29 ft. to a point; thence S49 degrees 19137"E, 189.72 ft to a point; thence Southeasterly along the arc of a 984.93 ft. radius curve to the left, having a chord bearing and distance of S60 degreesl4'56"E, 371.36 ft. to a point; thence Southeasterly along the arc of a 25 ft. radius curve to the right, having a chord bearing and distance of S23 degrees 27108"E, 36.89 ft. to a point of the West right-of-way line of said The Ranch Blvd.; thence Southwesterly along said West right-of-way line being the arc of a 427.46 ft. radius curve to the right, having a chord bearing and distance of S27 degrees 31129"W, 51.28 ft. to a point; thence S30 degrees 57'49"W and continuing along said West right-of-way line, 124.59 ft to a point; thence Southwesterly and continuing along said West right-of-way line being the arc of a 1482.39 ft. radius curve to the left having a chord bearing and distance of S25 degrees 00133"W, 307.57 ft to a point; thence S19 degrees 03116"W and continuing along said West right-of-way line 175.23 ft to a point; thence Southwesterly and continuing along said West right-of-way line, being the arc of 40 ft. radius curve to the right, having a chord bearing and distance of S34 degrees 58135"W, 21.95 ft to the point of beginning, containing 417,891 sq. ft. or 9.5935 Acres more or less. Page 3 of 4 DECLARATION, PLAT AND RESTRICTIVE COVENANTS EXHIBIT "A -- Legal Description: Southeast Corner Ranch Drive and Ranch Boulevard Part of the E1/2, Section 14, T-2-N, R-14-W, Pulaski County, Arkansas, more particularly described as: Starting at the Southwest corner of Tract -L The Ranch, Little Rock, Arkansas, said corner lying on the North right-of-way line of Ranch Drive; thence S0400812011E, 63.60 ft. to a point of the South right -- of --way line of said Ranch Drive; thence Northwesterly along said South right-of-way line, being the arc of a 507.46 ft. radius curve to the right having a chord bearing and distance of N59059129"W, 279.82 ft. to a point; thence N43059115"W and continuing along said South right-of-way line, 37.22 ft. to the point of beginning; thence S25000133uW, 547.14 ft. to a point on the North right-of-way line of Arkansa State Highway No. 10; thence Northwesterly along said North right- of-way line the following bearing and distances: N51°37-07--W, 135.95 ft.; N53°31153uW, 74.70 ft.; N60°34-24--W, 413.61 ft. and N69007154"W, 103.53 ft. to a point on the East right-of-way line of Ranch Blvd.; thence Northerly along said East right-of-way line, being the arc of a 40 ft. radius curve to the right, having a chord bearing and distance of NO103111111W, 28.11 ft. to a point; thence N1900311611E and continuing along said East right-of-way line 173.69 ft to a point; thence Northeasterly and continuing along said East right-of-way line, being the arc of 1382.39 ft. radius curve to the right, having a chord bearing and distance of N25000133"E, 286.82 ft. to a point; thence N30057'49"E and continuing along said East right-of-way line, 124.59 ft. to a point; thence Northeasterly and continuing along said East right-of-way line, being the arc of a 527.46 ft. radius curve to the left, having a chord bearing and distance of N26050141"E, 75.78 ft. to a point; thence Northeasterly and continuing along said East right-of-way line being the arc of a 25 ft. radius curve to the right, having a chord bearing and distance of N68047106"E, 36. ft. to a point on the South right-of-way line of Ranch Drive; thence Southeasterly along said South right-of-way line, being the arc of a 542.96 ft. radius curve to the right, having a chord bearing and distance of S54034117"E, 199.46 ft. to a point; thence S4305911511E and con- tinuing along said South right-of-way line, 551.94 ft. to the point of beginning, containing 471,654 sq ft. or 10.8277 Acres more or less. Page 4 of 4 DECLARATION, PLAT AND RESTRICTIVE COVENANTS EXHIBIT "A" Legal Description: Northeast Corner Ranch Drive and The Ranch Boulevard Part of the E1/2, of Section 14, T-2-N, R-14-W, Pulaski County, Arkansas, more particularly described as: Starting at the Southwest corner of Tract ILI, The Ranch, Little Rock, Arkansas, said corner lying on the North right-of-way line of Ranch Drive; thence Northwesterly along the arc of a 447.46 ft. radius curve to the right, having a chord bearing and distance of N58043122"W, 227.63 ft. to a point; thence N43059115"W, 589.16 ft. to a point; thence Northwesterly along the arc of a 602.96 ft. radius curve to the left, having a chord bearing and distance of N44021147"W, 7.99 ft. to the point of beginning; thence Northwesterly along the arc of a 602.96 ft. radius curve to the left, having a chord bearing and distance of N55032120"W, 225.81 ft. to a point; thence Northwesterly along the arc of a 25 ft. radius curve to the right, having a chord bearing and distance of N24056158"W, 33.05 ft. to a point; thence N16025156"E, 50.14 ft. to a point; thence Northeasterly along the arc of a 522.96 ft. radius curve to the right, having a chord bearing and distance of N23045133"E, 133.39 ft. to a point; thence N58054149"W, 20.0 ft. to a point; thence N3100511111E, 59.67 ft. to a point; thence S580161351-E, 330.80 ft. to a point; thence S37005134"W, 270.04 ft. to the point of beginning, containing 75,000 sq. ft. or 1.7218 Acres more or less. CITY OF LITTLE ROCK, ARKANSAS DEPARTMENT OF NEIGHBORHOOD REVITALIZATION AND PLANNING FILING FEES NO. 078 _. DATE 7 Annexation . . . . . . . . . . . . . . . . . $ Board of Adjustment Application. . . . . . . $ Conditional Use Permit . . . . . . . . a Final Plat . . . . . . . . . . . r; y C< Planned Unit Development Preliminary Plat . . . . . . s - 1_ Rezoning Application Site Plan (Multiple Building/Zoning)'�9% $ Special Use Permit . . . . . . . . . . . . . $ Street, Alley, of Easement Closure $ Street Name Change . . . . . . . . . . . . . $ Street Name Signs: # Signs at sea. TOTAL File No.: Address: , �/r'� 142 Applicant: l _ By, _�.,e