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HomeMy WebLinkAboutS-0285-W ApplicationCity of Little Rock De;ar,nen-, of Putflic Works iCl West 1 •atwha- Lome mock. Atkar.s25 -c231- .3:)C CIVIL ENGINEERING R---SPONS7- Encineerinq Division The Civil Engineering Recru: ements for riling of Final Plats have been satisfied. rp-roval f`or filing of this plat can TF✓rG r be issued tic .9.u� �T Sianed By R�-=�KS: ` O k- /o ` / 0// 7/g S- CLR PUBLIC WORMS DEPT. DATE TO AGENCY FAX T FROM AG-NCY FAm r PONE r / TOT-.W PAGES o L3/5 J © WHITE -CATERS & ASSOCIATES, INC 401 Victory Street Little Rock, Arkansas 72201 0 [501 ] 37A-1 666 October 23, 1995 Mr. David Scherer City of Little Rock Public Works Department 701 West Markham Little Rock, AR 72201 RE: Tract G The Ranch Dear David: The Owner of the above captioned project would like to record the plat prior to construction of approximately 2050 linear feet of Chenonceau Boulevard. Following is my estimate of the cost of constructing the required street improvements adjacent to the above captioned tract. Grading, Paving & Drainage $185,794.75 .00 776. Water Service $ 7$ 70776.00 Drainage Structure @ Station 15+00 Subtotal Construction Cost $335,708.75 Engineering & Contingencies (15%) 50 356.31 Total $386,065.06 The Owner will provide the City with a Irrevocable Letter of Credit for this amount. The work should be complete before May ;h V61% Please notify Planning if the amount and date are acceptable. I have attached a copy of the Contractor's Proposal for your reference. Please contact me if you have any questions or need any additional information. Sincerely, Timothy E. Daters, P.E. TED/tmr CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING Bidder acknowledges receipt of the following addenda: 81ar agrees to per orm a t e wor escr e n the spec cations and snown on the plane for the following prices: ESTIMATED UNIT ITEM DESCRIPTION LihNTITY PFtIC TO NO . CRENONCEAU BOULEVARD THE RANCH GRADING PAVING AND DRAINAGE 1-P Clearing & qrubbiRg, the unit a hh c rJO�. 5D price _ jfl 2.0 AC oC . pa ac 2-P Unclassified Street Excavation, _ 5 t p unit pri a of 1627 CY / a 5 L�1L a per cub c yard 3-P Unclassified Ditch Excavation, time unit pri a of 3200 CY r 7 5 g o per cub c yard 4-P Undercutting, incl. Compacted it it of B kfill, the price U K 04- 10 CY �clo _ per cuDIC yard 5-p Bay Bales for Erosion Control, the un�}t price of 00 10 EA -1. 0 0 D•Ob A ti _-1 per each 6-P 15" Reinforced Concrete Pipe Culvert, Class III, the unit price of � R. 0 (7 O 0 LF er 1 near foot, 7-P 18" Reinforced Concrete Pipe Culvert, C1 ss II S, the u of 160 LF 0 o r L Dp�ice per linear foot 8-P 24" Reinforced Concrete Pipe Culvert, C1� a II, the unit p ice of 65 LF aa•� a� — �. L ] DC] Pat 11naar foot 9-P 30" Reinforced Concrete Pipe Culvert, 1 Ctss 1I, the unit per ce of 100 LF Ll .0o �Y�• —� P&C Linear toot 10-P 4' dia. Curb Inlet, 014, Depth, the Iiz pri a of 4 Op�loO 7 EA ' •O0 g0��c.00 per eac 1 ITEM ESTIMATED UNIT NO DESCRIPTION OVANTITY PRIcE TOTAL 11-P Extra Depth in 4' dia. Curb Inlet,, t its unt prtce�c} n�� 5 LF 30,00 (L`j�LtA�� per neat toot 12-P 5' dia. Curb Inlet, 0'-5' Depth, 00 tly un� t pric of P. �� 7 2 EA ��, DO goo per each 13-P Extra Depth in 5' dia. Curb Inlet, vie u t r ce f 00 �uL► ' I Naoo -eq (L!JIrLQ e. �}. 2 LF per 1 near foa 14-P Reinforced Conc Box Culvert, Incl. Headwalls, Wingwalls, Footings, Toewalls and Aprons, the u it pr3-,ce o1 C� . 2 f C 'U'ri 1 CY 00.00 4 o D PC) per cuh c yard 15-P 18" Reinforced Concrete Flared and ectlo , the uni ri a of 1 EA �SQ�DD Jr SQ,OC� CL 1U47 e per each 16-P 24" Reinforced Concrete Flared and ection, th unit price o _ 5a5,a� Is d51 �Q cC3 C� Ip0 1 EA per each 17-P 30" Reinforced Concrete Flared and sn, the u price of 00 00 �,O 2 EA �00 C per each 18-P Type No. 1 Concrete Curb & Gutter th unit rice of �0 0(] �1 00 i]C `�07 [10 4860 LF • per I.Lnear foot 19-P 8" Thick, Compacted Crushed Stone Base Course (SB-2) Incl. Fine G ding, the nit price of, 8450 SY 7Q I per square yard 20-P 3" Thick, Hot Mix Asphaltic Concrete Wearing Surface, Type III, incl. P ime Coai� the unit price of T 8450 SY per square yard 21-P 4" Ballast Stone Stabilization i I Undercut, the unit price of �a,OC� (�Q Od 00 ��b��� 10 TN per ton ITEM ESTIMATED UNIT NO. DESCRIPTION QUANTITY PRICE TOTAL 22-P Trench Stone for Reinforced Concrete C per ,,the uni price of / GU C}. 00IICC� 10 TN�DU per ton 23-P 1'-6" x 1'6" Subdrain, the unit pr�gice o� Sobno 100 LF (O , 50 62450, 00 =�- per 1 near toot 24-P stne,Rip�Rap, the u it price of 10 r cubic yard 1 CY f j2.OU 7, OD 25-P Remove & Dispose of Concrete Curb, the unit price of ej ' r 00�rn{) 175 LF 1,00 1411)4.0 -[ L per linear foot 26-P 3" PVC Schedule 40 Conduit, the un t price of I '01'. 7 200 LF si sv 0 Ov r o ..� per linear foot 27-P 4" PVC Schedule 40 Conduit, the S. 5 C) u t price of 50 p 200 LF C�Q per linear foot 28-P 5" PVC Schedule 40 Conduit, the un� price off j I 0 d c 0 i� r 0 200 LF l Q. • per linear foot 29-P S e Mulch, he u it Arise �.Lcfo 0 �� 1.5 AC _ per acre 30-P Sawcut Asphalt, the unit pry a of 'F -10 Ito O 175 LF , 7U Zi� �• S per I near toot 31-P Frame Barricade, the unit prrtce of l�v 2 EA 5007 0O 000 oc7 per eac 32-P Maintenance of Traffic at Highway No. 19, the uni pric o f DO L4 per lump sum � �1� 7S Subtotal Grading, Paving & Drainage �5 ESTIMATED UNIT ITEM NO pESC TION UANTT Y PRTCE TOTAL WATER MAINS 1-W 8" Class 50 Ductile Iron Pipe " (D,I.P.) water main, the unit Pr,LGQ Of SDI/oD 1410 LF /(e, 5Z) 3,�rP�, 00 per near font 2-W 12" Class 50 Ductile Iron Pipe (D,I.p.) Water Main, the unit price of oQ1 850 LF `� I C d a14, D O ap, DO 00 ?"1... t`C •�Ce (..� ,)pee linear foot 3-W 8" Resilient Seat Valve and Box, the unit price of j Oeux,- �'Q�jloO 3 EA 57�1 �v /72ra,00 r, per each 4-W 12" Butterfly Valve & Box, incl Retaining Follow Glands, the i unit pri��Jj,1pyl *00110o l EA �[1 � 1 p0 11- 5. 00 1of � k 3 17 TLL 09 !�'..4F.i. _- _ per each 5-W 16" x 6" Tapping Sleeve & Resilient Seat Valve incl. 2" By-pass the price of + (7 QIO 1 EA �J�i00. DO S900.0V sit per each 6-W 2" Blow -off Assembly, the unit price vL� t 4 EA 9-7�). DV /10 0. O U per each 7-W C Iron Fi tings, the unit price of 2200 LBi a per poun 8-W 'Concrete inThrust Blocks and Anchor t uni g cek, U� 10 CY C &► 80c). 00 00 c P it.t t C �r) - per cub c yar 9-W Standard Fire Hydrant Assembl , the unlit rice of �1 mD11�5 EA �(p;� ),D�_00 U per each 10-W Fire Hydrant Extension, the unit .p ce (j of a- O� � 6c7 3 LF � l0 5 o O —o � —�— u_ � J -4 per linear foot 11-W Testing & Sterilization, the unit ice 04 100% LS n11V Q J, (7Q,�0 o5 o0'OQ per -Lump sum -70 7)LD.00 Subtotal Water Mains 145I 63332 FILED AND RECORDED DECLARATION, PLAT AND RESTRICTIVE COVENANTS OCT7 QNl1-jd 5 s- L a 7 b LI THE RANCH C's UlTCOUNTY CZERH RANCH PROPERTIES, INC. CIRC This Declaration, Plat and Restrictive Covenants made this z'7n' 1995, by Ranch Properties, Inc., day of �G}c,he�Z and 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 (the "Property"): s�s�rr����ti+� `•`4•10 Y,E CRC �+++� k Part of the E 1/2 of Section 14, lying North of Arkanstso State Highway No. 10, T-2-N, R-14-W, Pulaski Count�r� Arkansas, more particularly described as: Starting :r the intersection of the North right-of-way line � _ Arkansas State Highway No. 10 and the West line of t%e Y +- E 1/2 of said Section 14; thence NO3o0710911E aloriy� said West line, 1054.44 ft.; thence N88o56' 42 "E, 10 .0+•++� / �,��� ft. to the point of beginning; thence NO3o07' 09"E, •+A�+� TY /ii.'7hti\■►► 784.05 ft. to a point; thence N87o35115"W, 10.0 ft. to a point on the said West line; thence NO3o0710911E along said West line, 20.02 ft.; thence S87o32142"E, 1011.20 ft.; thence S3100911211E, 131.40 ft.; thence S36o35114"E, 60.0 ft.; thence Southwesterly along the arc of a 542. 96 ft. radius curve to the left, having a chord bearing and distance of S29o4314911W, 434.75 ft.; thence S06o1213911W, 305.32 ft.; thence Southwesterly along the arc of a 984.93 ft. radius curve to the right, having a chord bearing and distance of S08o37150"W, 83.17 ft. thence S11o0310211W, 423.82 ft.; thence southerly along the arc of a 924.93 ft. radius curve to the left, having a chord bearing and distance of S06o4510211W, 138.70 ft.; thence S02o2710111W, 273.27 ft.; thence S87o32159"E, 20.0 ft.; thence southerly along the arc of a 1004.93 ft. radius curve to the right, having a chord bearing and distance of S09oll'2511W, 235.88 ft.; thence S15o5514811W, 58.86 ft. thence along the arc of a 40 ft. radius curve to the left, a chord bearing and distance of S26o0412911E, 53.54 ft. to a point on the North right-of-way line of Arkansas State Highway No. 10; thence along said North right-of-way line N6800414611W, 59.77 ft.; thence continuing along said North right-of-way line, N72o0710811W, 117.80 ft.; thence northeasterly along the arc of a 40 ft. radius curve to the left, having a chord bearing and distance of N61o5412011E, 57.62 ft.; thence N15o55148"E, 48.42 ft.; thence northerly along the arc of a 904.93 ft. radius curve to the left, having a chord bearing and distance of N09oll'25"E, 212.41 ft.; thence S87o32159"E, 20.0 ft.; thence NO2o27101"E, 273.27 ft.; thence northerly along the arc of a 984.93 ft. radius curve to the right, having a chord bearing and distance of N06o45'02"E, 147.70 ft.; thence Nllo0310211E, 423.82 ft.; thence northerly along the arc of a 924.93 ft. radius curve to the left, having a chord bearing and distance of N08o37150"E, 78.11 ft.; thence N06o1213911E, 187.21 ft.; thence N88o37113"W, 381.10 ft.; thence southwesterly along the arc of a 348.31 ft. radius curve to the left, having a chord bearing and distance of S81o5812411W, 113.90 ft.; thence S72o35108"W, 176.58 ft.; thence Southwesterly along the arc of a 288.31 ft. radius curve to the right, having a chord bearing and distance of S80o4510111W, 82.11 ft.; thence S8805614211W, 114.50 ft. to the point of beginning, containing 17.90 acres more or less. 1.2 The Developer intends to subdivide and plat the Property from time to time into building lots, easements for drainage and utilities. 1.3 Developer has caused to be made a Plat, filed herewith, prepared by Timothy E. Daters, a Registered Professional Engineer, dated Cck)bea 2-4 , 1995, 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 the metes, bounds and dimensions of that part of the Property which Developer now is desirous of platting into a Lot and which is more particularly described as follows, to -wit: Part of the E1/2 of Section 14 lying North of Arkansas State Highway No. 10 T-2-N, R-14-W, Pulaski County, Arkansas more particularly described as: Starting at K the intersection of the North right of way line of Arkansas State Highway No. 10 and the West line of the E1/2 of said Section 14; thence North 03 degrees 07 minutes 09 seconds East along the said West line 1054.44 feet; thence North 88 degrees 56 minutes 42 seconds East 10.0 ft. to the point of beginning; thence North 03 degrees 07 minutes 09 seconds East 748.05 feet to a point; thence North 87 degrees 35 minutes 42 seconds West 10.00 feet to a point; thence North 03 degrees 07 minutes 09 seconds East 20.02 feet to a point; thence South 87 degrees 32 minutes 42 seconds East 1011.27 feet to a point; thence South 31 degrees 09 minutes 12 seconds East 131.40 feet to a point on the proposed West right of way line of Chenonceau Blvd.; thence Southwesterly along the said proposed West right of way line of Chenonceau Blvd. and the arc of a 602.96 ft. radius curve to the left having a chord bearing and distance of South 29 degrees 44 minutes 04 seconds West 482.87 feet; thence South 06 degrees 12 minutes 39 seconds West along the said proposed West right of way line of Chenonceau Blvd. 118.11 feet; thence North 88 degrees 37 minutes 13 seconds West 381.10 feet; thence Southwesterly along the arc of a 348.31 ft. radius curve to the left having a chord bearing and distance of South 81 degrees 58 minutes 24 seconds West 113.90 feet; thence South 72 degrees 35 minutes 08 seconds West 176.58 feet; thence Southwesterly along the arc of a 288.31 ft. radius curve to the right having a chord bearing and distance of South 80 degrees 45 minutes 01 seconds West 82.11 feet; thence South 88 degrees 56 minutes 42 seconds West 114.50 feet to the point of beginning containing 15.1183 acres. 1.4 Developer warrants and represents that it has laid off, platted, and does hereby lay off, plat and subdivide a portion of the Property into the Lot hereinabove described in accordance with the aforesaid Plat. The Lot described in Paragraph 1.3 above and embraced in the Plat shall be forever known as Tract G, The Ranch, an Addition to the City of Little Rock, Pulaski County, Arkansas and a deed of conveyance of said Lot describing it by such name is a sufficient description. 1.5 Developer deems it advisable that the title to the Property be held, owned and conveyed subject to the protective and 3 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 multi- family residential development. ARTICLE II. Definitions 2.1 Definition ❑f 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 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, 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 4 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 2,430,000 square feet or 55.81 acres. (h) "Parcel" any piece of real property within the Common Maintenance Property Zone, whether platted or unplatted. ARTICLE III. Purpose 3.1 The Property is hereby made subject to the following conditions, 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 adequate 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. Easements ARTICLE IV. 5 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 to the Lot as shown on the plat filed herewith. No structures or buildings or similar permanent improvements shall be built, constructed, erected, installed, placed or maintained within the area of easements. No excavations within 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, buildings, fences, pavement or similar improvements shall be growing on or be constructed, erected, installed, placed, built or maintained within 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 n apply to any particular portion of the Property. 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 or unreasonably 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, for the collective benefit of Owner. 6.2 Developer's Liability. 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 reasonable 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 7 topography elevations of walks, drives and building entries, existing tree locations, 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 elevations 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, ordinances, 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 set back lines shown on any recorded Plat affecting the Property. The minimum building setback lines are as follows: (a) Front or side yards abutting Chenonceau Boulevard - all principal and accessory building or structures are required to have C a minimum 50 foot building setback from the property line abutting Chenonceau Boulevard. (b) Rear yard - rear yard shall not be less than 25 feet, however, in the event any Owner or Owners of contiguous Lots desires to develop their Lots as one project, the Developer shall have the rights to waive the common side setback line to promote the development 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: (1) Exterior wall elevations of buildings must include at least 400-. 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 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 9 the surface to which attached. (5) Vents, louves, 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, and that are visible from contiguous Parcels or streets, 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 substitution of dense, mature landscape materials. 6.9 Signs. (1) Ground signs will be constructed of Acme Brick Plaza Heights Smooth, Cardinal Red Handcraft, Williamsburg or equivalent, pre -cast concrete, or other material approved by the Developer. All letters are to have finish directly applied. (2) 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. (3) Temporary Signs. The location, size and design of temporary signs are subject to the approval of the Developer, which shall not be unreasonably withheld. 6.10 Driveways and Parking. (a) The location of driveways requires the prior approval of Mel the Developer, which shall not be unreasonably withheld. (b) No parking is permitted on Chenonceau Boulevard. (c) All parking areas adjacent to landscaped areas shall have concrete upright curbs. 6.11 Lighting. Exterior lighting shall comply with the following: (a) Parking Lot: (1) Type: Pole -mounted Sterner Diplomat 25 foot high pressure sodium, or equivalent approved by the Developer. (2), Height: Not to exceed twenty-five feet overall (3) Finish: Dark bronze anodized finish for pole and fixture, or otherwise consistent with the project's overall sign scheme. (b) Walkways: (1) Type: Sterner 8" round bollard light or equivalent. (2) Finish: Dark bronze anodized finish, or otherwise consistent with the project's overall sign scheme. (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 11 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, not to be unreasonably withheld, such approval will be in writing. 6.12 Lan dscaoin . (a) Owner will be responsible for the design, development and maintenance of the landscape on his own Lot 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. Replacement may be made at a later date, with the Developer's approval, if necessary due to seasonal conditions. (b) Chenonceau Boulevard: (1) The front or side yard abutting Chenonceau Boulevard shall have a landscaped buffer averaging a minimum of 25 feet from the property line, which will be solid sodded with zoysia (Meyer Z- 52) or other equivalent approved by the Developer, which approval shall not be unreasonably withheld. ( 2 ) Willow oak or other equivalent trees as approved the 12 Developer, which approval shall not be unreasonably withheld, 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) Parking Lots: (1) There shall be at least 40 square feet of landscape space and one shade tree or ornamental tree for every 10 parking spaces. 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 Developer Ornamental Trees: Watermelon Red Crepe Myrtle Bradford Pear Multi -trunk Burford Holly Treeform Yaupon Other equivalent approved by Developer The balance of the landscaped areas in the parking lots shall be planted with solid sodded zoysia (Meyer Z-52) or other 13 equivalent approved by the Developer, ground cover or shrubs. (3) The minimum planting sizes are: Shade Trees (same as for right-of-way) Ornamental Trees - 8' to 10' Shrubs - 2 gallon Ground cover - 1 gallon (e) Side and Rear Yards: (1) All side and rear yards 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 that is visible from contiguous Parcels or streets, which shall average a minimum of 10 feet. (2) The minimum 10-foot landscaped area around each building that is visible from Chenonceau Boulevard must include at least 5011 ratio of planting beds with shrubs and ground cover. 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 14 system will be designed and operated to prevent or minimize run-off and discharge or irrigation water onto roadways, driveways, adjacent properties 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 solely for improving (not initial development) and maintaining the rights of ways (the "Public Areas") in the Common Maintenance Property zone in such a manner as is reasonably 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 entranceway to the Common Maintenance Property Zone (including median areas, curbing and other improvements), maintaining liability insurance premiums attributable to such areas, or for doing any other thing necessary in the reasonable 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 15 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 2,430,000 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 $.01 (one 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 at 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 perform 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. (e) To the extent that it is an Owner of part of the Property, the Developer is responsible for timely payment of its pro rata share of the maintenance charge. (f) The Developer shall provide an annual accounting to the Owners of receipts and expenditures under this Section 6.13. ARTICLE VII. Termination Modification Enforcement and Assignments. 7.1 Term. The covenants, conditions, restrictions and reservations 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 thereof, with the written consent of the Owners of 600 of the Property (excluding from the computation Property dedicated to the Public Areas) . Such termination, extension, modification or amendment shall be immediately effective on the recording the proper instrument in writing executed and acknowledged by such Owner tin 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, to the extent Developer owns part of the Property. 7.3 Right to Enforce. The restrictions and covenants and 17 reservations 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. Moreover, any and all parties, persons and entities owning Property herein described, or any part 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 conform 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, 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 Develo er's Ri hts and Duties. Any and all rights, powers and reservations of the Developer herein contained may be assigned in good faith by the Developer to any responsible person, corporation or association or committee who has a legitimate interest in the subject matter hereof, which will assume any or all of the duties of Developer hereunder, and upon any such person, corporation or association's evidencing its consent in writing to accept such assignment, said assignee shall, to the 18 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, including the maintenance duties under Section 6.13. 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 600-1; of the Property (other than Public Areas) upon compliance with the requirements of Paragraph 7.2 of this Article VII. ARTICLE VIII. Miscellaneous 8.1 No Waiver. All the conditions, covenants, restrictions and reservations contained in this ❑eclaration 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 becomes unenforceable, no other conditions, covenants, restrictions and reservations or any part thereof shall be thereby affected or impaired. 8.2 Owner's Liability Subsequent t❑ 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 19 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 representatives 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, to the address supplied in writing by the Owner to the Developer, failing which the notice shall be sent to one of the following, in the following order of priority: (1) to the Lot if improved; (2) if the Lot is 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. Edward 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 context requires. 20 EXECUTED on the date first mentioned above. RANCH PROPERTIES, INC. AN ARKANSAS CORPORATION BY &L6i'a & &.km Edward K. Willis, President 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 the within named Edward K. Willis as President of Ranch Properties, Inc., an Arkansas corporation, to me personally well known, 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 c� I have hereunto set my hand and seal this ��L� day of y t4y-fl -cam , 1995. Commission Expires: •••'`�MRci Is rF��''•. NpTA10 assess Ry�'m� 21 Notary Public LITTLE ROC'K Py. DATE: / a `S - Legal Description - Common Maintenance Property Zone The Ranch Tracts F (Phase I), D-2, G and E A part of the E1/2, Section 14, T-2-N, R-14-W, Pulaski County, Arkansas, more particularly described as: Beginning at the intersection of the North right-of-way line of Arkansas State Highway No. 10 and the West line of the said E1/2 of Section 14; thence N03007109"E along the said East line of the E1/2, Section 14, 1802.31 ft.; thence S87o35115"E, 1006.20 ft.; thence S36o39129"E, 201.03 ft.; thence Southerly along the arc of a 542.96 ft. radius curve to the left, having a chord bearing and distance of S29o44103"W, 434.82 ft.; thence S06o1213911W, 82.90 ft.; thence N81o1915411E, 400.28 ft.; thence S45o0813711E, 270.87 ft.; thence S29o48111"E, 40.00 ft.; thence S48o33156"W, 153.14 ft.; thence S29o44116"W, 76.57 ft.; thence S82o1614711W, 181.30 ft.; thence S45o0714111W, 106.95 ft.; thence Southeasterly along the arc of a 507.46 ft. radius curve to the right, having a chord bearing and distance of S4105212011E, 90.06 ft.; thence S36o46130"E, 91.17 ft.; thence Southeasterly along the arc of a 686.20 ft. radius curve to the left, having a chord bearing and distance of S42o1415011E, 130.65 ft.; thence S2301112411W, 948.38 ft. to a point on the said North right-of-way line of Arkansas State Highway No. 10; thence Northwesterly along the said North right-of-way line of Arkansas State Highway No. 10 the following bearings and distances; N72o26146"W, 41.73 ft.; thence N67o59,02"W, 212.81 ft.; thence N72o0514111W, 154.85 ft.; thence N75o35154"W, 245.46 ft.; thence N72o0312311W, 380.42 ft.; thence N24o2814011W, 70.70 ft. to the point of beginning, containing 55.81 Acres more or less. EXHIBIT "A" Beach Abstract & Guaranty Company In CENTER STREET - P. O, SOX 2580 LITTLE ROCK, ARKANSAS 72203 TELEPHONE 376-3301 October 24, 1995 Mr. Bobby Sims Dept. of. Neighborhoods and Pl-anning 723 W. Markham Little Rock, AR 72201 RE: Declarations, Plat & Restrictive Convenants Tract G, The Ranch Dear Mr. Sims: The purpose of this letter is to advise that upon closing of the above captioned transaction, the sum of $335,708.75 'will be withheld from the sales proceeds of Ranch. Properties, Inc. for disbursement in accordance with --the terms and provisions of the attached ES w Agreement and Construction Contract. - Sincere 1 Denni . Nelson Senior Vic resident DEN/tp attachments Over 100 Years Setting Records i CITY OF LITTLE ROCK, ARKANSAS DEPARTMENT OF NEIGHBORHOOD REVITALIZATION AND PLANNING FILING FEES NO.1 1 Q ; DATE_6 19� Annexation. . . . . . . . . . . . . . . . . $ Board of Adjustment Application. . . . . . . $ Conditional Use Permit . . . . . . . . . . . $ Final Plat . . . . . . . . . . . . . . . . . $ Planned Unit Development . . . . . . . . . . $ Preliminary Plat . . . . . . . . . . . . . . $ Rezoning Application . . . . . . . . . . . $ Site Plan (Multiple Building/Zoning) . . . . $ Special Use Permit . . . . . . . . . . . . . $ Street, Alley, or Easement Closure . . . . $ Street Name Change . . . . . . . . . . . . . $ Street Name Signs: # Signs_L_ atZj ea. . $ `7 TOTAL $ File No.: S—ems —w Address:�(Q�� Applicant:By-_,