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DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE
THE RANCH 2002108157
0111712@02 ll:-B:gl AM
Filed & Rerordei
COMMERCIAL TRACT Official Records of
CAROLYN STALE"
RANCH PROPERTIES, INC. CIREUITICGUNTY CLERY,
Fees #86.90
This Declaration of Restrictive Covenants and Bill of Assurance is made this 2N n day of
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2002, by Ranch Properties, Inc., an Arkansas corporation, hereipaWr q c 11 ''•�f
referred to as "Developer". -\ - 'WI
ARTICLE I. ; ; :�
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1.1 The Developer is the present record title holder of certain real property siLAl +�'
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County of Pulaski, State of Arkansas, more particularly described as follows (the "Property"):
PART OF THE SWl/4 OF SECTION 13 AND PART OF THE SE1/4 OF
SECTION 14, T-2-N, R-14-W, LITTLE ROCK, PULASKI COUNTY,
ARKANSAS, MORE PARTICULARLY DESCRIBED AS:
COMMENCING AT THE NORTHWEST CORNER OF LOT B-4, THE
RANCH, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;
THENCE 538o3912211W ALONG THE WEST LINE OF SAID LOT B-4,
747.75 FT. TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF
ARKANSAS STATE HWY #10; THENCE N51o20'll"W ALONG SAID
NORTH RIGHT-OF-WAY LINE, 13.09 FT.; THENCE N49o5810611W
CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE, 61.94 FT.
TO THE POINT OF BEGINNING; THENCE N49o5810611W AND
CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE, 565.96
FT.; THENCE N52o3311411W AND CONTINUING ALONG SAID NORTH
RIGHT-OF-WAY LINE, 45.01 FT.; THENCE N38o39122"E, 541.67
FT. TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF RANCH
DRIVE; THENCE 542o2010811E ALONG SAID SOUTH RIGHT-OF-WAY
LINE, 106.25 FT.; THENCE SOUTHEASTERLY AND CONTINUING
ALONG SAID SOUTH RIGHT-OF-WAY LINE BEING THE ARC OF A
507.46 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND
DISTANCE OF 562o49149"E, 354.63 FT.; THENCE 583o1215311E
AND CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE,
186.45 FT.; THENCE 538o39122"W, 706.73 FT. TO THE POINT
OF BEGINNING, CONTAINING 8.000 ACRES MORE OR LESS.
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1.2 The Developer has caused the land hereinabove described to be surveyed and a plat
(hereinafter referred to as the "Plat") made thereof by Paul M. White, a Professional Land Surveyor,
License Number 1281, and Timothy E. Daters, a Professional Engineer, License Number 5033, said plat
bearing the signature of the said Surveyor and Engineer and being of record in the office of the Circuit Clerk
and Ex-Officio Recorder of Pulaski County, Arkansas, in Plat L Zgy and the Developer does hereby
make this Declaration of Restrictive Covenants and Bill of Assurance.
1.3 Developer warrants and represents that it has laid off, platted and subdivided, and does
hereby lay off, plat and subdivide the land hereinabove described, in accordance with the aforesaid Plat.
The lands embraced in said Plat shall be forever known as:
Lot B-5, The Ranch, an Addition to the City of Little Rock, Pulaski County, Arkansas;
and any and every deed of conveyance of any lot in the aforesaid Addition describing the same by the lot and
block number shown on said Plat shall always be deemed a sufficient description thereof. Moreover
wherever the terms "Lot or Lots" are used herein same shall mean the Lots platted hereby unless another
meaning is expressly stated. Likewise wherever the term "Addition" is used herein same means The Ranch,
an Addition to the City of Little Rock, Pulaski County, Arkansas.
1.4 Developer hereby dedicates to the public forever an easement of way on and over the street
rights -of -way as shown by said Plat, to be used as public streets. In addition to said street rights -of -way
there are strips of ground shown and dimensioned on said Plat marked "Utility Easement" and "Drainage
Easement", which Developer hereby donates and reserves for the non-exclusive use of and by public
utilities, and for drainage purposes, respectively, subject at all times to the proper authorities and to the
easement and restrictive covenants herein reserved. Accordingly, all persons, natural and artificial, who
become owners of the lots platted hereby, shall take their titles subject to the rights of public utilities and the
public in the street rights -of -way and the non-exclusive utility and drainage easements shown on the Plat.
F)
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The filing of this Declaration of Restrictive Covenants and Bill of Assurance and Plat for record in the office
of the Circuit Clerk and Ex-Officio Recorder of Pulaski County shall be a valid and complete delivery and
dedication of the street rights -of -way and the Utility and Drainage Easements shown on the said plat. The
streets shown on said Plat shall henceforth be known by the names designated on said Plat and same shall be
of the length and width shown thereon; provided, however, the Developer does hereby reserve unto the
Developer the right to any surplus dirt in said streets for Developer's own use and benefit.
1.5 The Lot or Lots in the Addition above described shall be sold or conveyed by the
Developer and shall be purchased, acquired, owned, possessed, held and occupied subject to the covenants,
restrictions and provisions set forth above and as follows, each of which and all of which shall be covenants
running with the said lands above described, and shall be binding upon all owners and their respective heirs,
successors and assigns, in order to maintain the lands above described as desirable, uniform and suitable as
office property, to wit:
ARTICLE U.
Definitions
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 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.
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(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 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
2,190,000 square feet or 50.32 acres. Provided, however, the Developer specifically
reserves the right without the prior consent of the Owner of the Property to add land to the
Common Maintenance Property Zone from time to time by amendment hereto, executed
only by the Developer and describing the lands to be added to the Common Maintenance
Property Zone.
(h) "Parcel" any piece of real property within the Common Maintenance Property Zone,
whether platted or unplatted.
(i) "Parcel Owner" means any owner of a Parcel.
(j) "Public Areas" means the medians presently situated within the right of way of Ranch
Boulevard, the landscaped areas and brick fence situated at the intersection of Ranch Boulevard and
Highway 10, the white fence and the grassy area lying between the north right of way of Highway 10 and
the white fence running the distance between the intersection of Ranch Drive and Highway 10 on the east
and Patrick Road and Highway 10 on the west; together with such other areas as are from time to time
designated by the Developer as Public Areas.
Purpose
ARTICLE III.
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
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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.
ARTICLE IV.
Easements
4.1 A permanent non-exclusive 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, but the Owner may pave for parking or landscape the
area of any easement. 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
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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 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. The Developer
shall have 15 days from and after receipt of the required documentation to approve or disapprove the
design, plans and specifications for any proposed construction. Any disapproval shall be in writing and
shall specify in detail the basis for such disapproval and, as appropriate, modifications which, if made, will
render the proposed construction acceptable. In the event that the Developer neither approves nor
disapproves any proposed construction within 15 days of receipt of the required doctzm cmat.ion, the
proposed construction shall be deemed to be acceptable and this provision of this Declaration shall be
deemed fully complied with and the construction may be commenced. Notwithstanding anything to the
contrary herein contained, no construction of any type or variety shall be commenced prior to submission of
the required documentation as set forth herein and receipt of either written approval of the Developer or the
elapse of 15 days from the date of receipt of said documents by the Developer. 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 refusal to
approve any plans or specifications submitted hereunder so long as Developer has not acted arbitrarily or
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unreasonably in connection therewith.
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, 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 Cantrell Road - all principal and accessory building or
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structures are required to have a minimum 100 foot building setback from the property line abutting Cantrell
Road.
(b) Front or side yards abutting Ranch Drive - all principal and accessory building or structures
are required to have a minimum 40 foot building setback from the property line abutting Ranch Drive.
(c) 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 right 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 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 design and in a material 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, 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 eight 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.
6.10 Driveways and Parking .
(a) The location of driveways requires the prior approval of the Developer.
(b) No parking is permitted on Ranch Boulevard or Ranch Drive.
(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
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fixtures.
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
A Security lighting fixtures are limited to use for liglhting 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 Landscp�g.
(a) Owner will be responsible for the design, development and maintenance of the landscape on
Owner's 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.
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(b) Cantrell Road:
(1) The front or side yard abutting Cantrell Road shall have a landscaped buffer averaging
a minimum of 50 feet from the property line, which will be solid sodded with zoysia (Meyer Z-52) or other
equivalent approved by the Developer. The existing white fence along Cantrell Road will be maintained by
the Common Area Maintenance fund and will not be removed or altered by the Owner without the written
approval of the Developer.
(2) Willow oak or other equivalent trees as approved the Developer will be planted at
average 40-foot intervals as located by the Developer. The trees shall either be transplanted from the area
within two miles of the Property or 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 yard abutting Ranch Drive 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.
(2) Willow oak or other equivalent trees as approved the Developer will be planted at
average 40-foot intervals as located by the Developer. The trees shall either be transplanted from the area
within two miles of the Property or 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 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:
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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 equivalent approved by the Developer, ground cover or shrubs.
(3) The minimum planting sizes are:
Shade Trees (same as for right-of-way)
Ornwnental 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 of no more than 40-foot intervals as indicated by the Developer.
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(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
Cantrell Road or Ranch Drive must include at least 50% 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 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 At
eas in Public Rights of Way.
(a) Developer agrees to maintain the Public Areas in the Common Maintenance Property Zone in
good condition and repair, presenting a neat and orderly appearance, until such time as the Developer
transfers this obligation to an entity or association agreeable to the Parcel Owners, which entity or
association shall thereafter perform the Developer's obligations hereunder. 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
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Maintenance Property Zone (including median areas, the white fence and area between the fence and
Cantrell Road, 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. Except for maintenance of the fence and grassy area lying between
the fence and the north curb of Highway 10 between Ranch Drive on the east and Patrick Road on the west,
the maintenance fund will not be used for improving or maintaining any privately owned Parcels within the
Common Maintenance Property Zone and 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 Parcel Owner 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 2,190,000 square feet less the public areas. The
payment by the Parcel 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 annual charge for such common maintenance shall not
exceed $.02 (two cents) per square foot adjusted for inflation from December 31, 2000 as measured by the
consumer price index unless such greater charge shall be approved by Parcel Owners owning at least 2/3
(two-thirds) of the square feet in the Common Maintenance Property Zone.
(c) In the event that any Parcel 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 Parcel 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 clue to Parcel Owner's failure to maintain its Parcel shall become a lien against
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the subject Parcel for which the Developer bring an action at law against the Parcel Owner(s) personally
obligated to pay the same, or foreclose the lien of the assessment against the Parcel. The lien of the
assessment provided for herein shall be subordinate to the lien of any first mortgage. The sale or transfer
of any Parcel shall not affect the assessment lien; provided, however, that the sale or transfer of any Parcel
pursuant to any mortgage foreclosure or proceeding in lieu thereof, shall extinguish the lien of such
assessments as to payments which became due prior to such sale or transfer.
(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.
ARTICLE VII.
Terrri ti n Modification. Enforcement and Assi ents.
7.1 Term. The covenants, conditions, restrictions and reservations contained herein shall
continue in full force and effect until January 1, 2022, 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. Except as provided in Paragraph 2.1(g) above, the
covenants, conditions, restrictions and reservations contained herein may be terminated, extended, modified
or amended only with the prior written consent of the Owner of the Property and the Developer, so long as
the Developer is the owner of any of the lands, other than public areas, bounded on the south by Highway
10, on the west by Patrick Road, on the north by the railroad right of way and on the east by Katilus Road.
Such 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.
7.3 Right to Enforce. The restrictions and covenants and 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
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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 Developer�ghts 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 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 60%
of the Property (other than Public Areas) upon compliance with the requirements of Paragraph 7.2 of this
Article VII.
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ARTICLE VIH.
Miscellaneous
8.1 No Waiver. All the conditions, covenants, restrictions and 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 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 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 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,
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masculine, feminine or neuter, as the context requires.
EXECUTED on the date first mentioned above.
RANCH PROPERTIES, INC.
AN ARKANSAS CORPORATION
BY: Zz& lE�.�L a%.
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, I have hereunto set my hand and seal this _ n� day
Of 2002.
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M V; ; N Notary Public
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City of LLiT'n Rocl< n jinn Commission
18
- Page 1 of 5
DECLARATION, PLAT AND RESTRICTIVE COVENANTS
EXHIBIT 'A'
r'
Lecal Descript-ion: -.-Northeast -Corner Ranch Drive and
The Ranch Boulevard
Part of the E1/2, of Section 14, T-2-N, R-14-4i,
Pulaski County, Arkansas, more particularly described
as: -Starting at the Southwest Corner of Tract 'L', The
Ranch
r Little Rock, Arkansas, said corner lying on the
North'richt-of-way line of Ranch Drive; thence
Northwesterly along the arc of a 447.45 ft. radius
curve to the sight,.having -a chord, bearing and distance
Of N58°43'22'N, 227.63 ft. to a point; thence
N43059115"N, 589.16 ft. to a point; thence
=Nor't.�westerly-alono -L,,e r-rc-c7- a 602.96 ft. radius
curve to the left, having.a_chord bearing_ and distance
of N44121'47uW, 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 N55'32'20'u, 225.81•ft. to a point; thence
Northwesterly alono the arc of a 25 ft. radius curve to
the right, having a chord bearing and distance of
N2405615811x, 33.05 ft. to a point; thence 816'25'S6
_. 50.14 ft.•to a point; thence Northeasterly along the arc
-- of a 522.96_ft. radius curve t-0 the right, having a
chord be=ring and di5tance of N23045'33"E, 133.39 ft.
to a point; thence N38054149°N, 20.0 ft. to a point;
thence N31005111'E, 59.67 ft. to a point; thence
S53*16'35"E, 330.80 ft'. to a point; thence S37°05'34"'W,
270.04 ft. to the point of becinnina, containing'75,000
sq. ft'. or 1.7218 Acres more or less.
voca `?A0kJoIeb3b
Page 2 of 5
DECLARATION, PLAT AND RESTRICTIVE COVENANTS
EXHIBIT 'A'
Legal Description: Southeast Corner Ranch Drive and
Ranch Boulevard
Part of the E112, 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
504°08120"E, 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_tQ-_the right having a chord
bearing 4nd distance of N59059'29"W, 279.82 ft. to a
-POI (it ;--thence-N43°59'15'W-and continuing along said
South right-of-way line, 37.22 ft. to -the point of
beginning; thence S25°00'33'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:
N51°37'07"W, 135.95 ft.; H53°31'53"W, 74.70 ft.;
N60034124"W, 413.61 ft. and N69°07'5411W, 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 rich',
having a chord bearing and distance of N01031'11-4w,
28.11 ft. to a point; thence N19003'16"E and continuing
along said East right-of-way line 173.69 ft to a r
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
N30°57149"E and continuing along said East rich-of-w?y
line, 124.59 ft. to a point; thence Northeast;rly and
continuing along said East right-of-way line, beino tr,=_
arc of a 527.46 ft. radius curve to the left, hcvire a
chord bearing and distance of N26050'41"E, 75.78 ft.-to
point; thence Northeasterly and continuing along said
East rich' -of -way Iine_being.the -arc of a 25 ft. radius
-_ - curve -to --the right, :ha.v.ing a chord bearing and
- ..distarce:of:N68"47-'06"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 S54'34117"E,
199.46 ft. to a point; thence 543°59115"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.
w
Loc-�� ��aaeeat�b35
Page 3 of 5
DECLARATION, PLAT AND RESTRICTIVE COVENANTS
EXHIBIT 'A'
Leaal-De5cription: Southwest- Corner of Ranch Drive
and Ranch Boulevard
Part of the N112, S£114 and the 5112, NE114, Section
14, T-2-N, R-14-W, Pulaskl.County, Arkznsas, 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
140.'10; thence N59 degrees 03'15"w along said North
right-of-way line, 97.94 ft. to point; thence N81
_-degrees 1213911N and continuing. along said North right--
of-way line 192.51 ft to a point; thence H73 degrees
4315211W acid continuing• along.- said North right-of-way
line, 245.14 ft.'to a point; thence N21 degrees
33115"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
dagrees1415611E, 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
523-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,
havino a chord bearing and distance of S27 dearze5
31'29mW, 51.28 ft. to a point; thence 530 degrees
57'49"N and continuing along said Test right-of-w;„
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 heY7 a
chord bearing and distance of S25 degrees 00'33"W,
307.57 ft to a point; thence 519 degrees 03'15"�' and
continuing along said West right-cf-way line 175.23 ft
to a point; thence Southwesterly and continuing alono
said west right-of-way line, being the arc of 40 ft.-
radius curve to the right, haying a chord bearing and
-distance of S34 degrec5: 58`-35uW,-,-21.95 ft to the point
of beginning, -containing '.417:,891 sq. ft. or 9.5935
Acres more or less.
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r .1 • � r •
' - Page 4 of 5_
DECLARATION, PLAT AND RESTRICTIVE COYENANTS
EXHIBIT 'A"
Legal Description: Northwest Corner of Ranch Drive
and Ranch Boulevard
Part of the E1/2, Section 14, T-2-N, R-34-W, Pulaski County,
Arkansas, more particuiarly.described as: Starting at the
northeast corner .of the Nkx, Skx, Section 13, T-2-N, R-14-W;
thence S00511404W, along the East line of said NWx,Skx,
1321.0 ft. to the southeast corner t`err�f; thence
50°01'16"E, alone the east line of the Skx,Skx, said Section
13, 12 S'.45 ft. to a paint on the North right-of-way line of
Arkansas State Highway No. 10; thence northwesterly alone
-- - --- - - - - —said North" right-of-way l ine_,be1nc the arc of a 13E2.41 f t.
radius curve to the right, having a chard be?rina and
bistance of H67015115"N, 682.08 -Ft. to a point; thence
N52°58'15"W and continuing along said North right-cf-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 1959.855 ft. radius curve to the left,
havina a chord bearing and distance of N63021'04"W, 706.23
ft. to a point; thence H73043'52"W and continuing along said
North right-of-way line, 9.43 ft. to a point; thence
northeaster..ly-along the arc of a 40 ft. radius curve to the
left, having a chord bearing and distance of H62°39143"E,
55.77 ft. to a point; thence N19003116"E, 175.23 ft. to a
point; thence northeasterly along the arc of a 1462.39 ft.
radius curve to the right, having a chord bearing and
distance of h'25°00133'c, 307.57 ft. to a point; thence
N30057149'E, 124.59 ft. to a point; thence northeasterly
alone the arc of a 4'7.4ftr dtu5 �v 'ice iCf -
having a chord bearing and distance of N23°39'4.6"E, 108.65
ft. to a point; thence N16025'56"E, 58.35 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 562°47'494k, 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
N60015'25"W, 347.34 ft. to a point; thence N49°14137"W,
:.::.696.94:ft.•-to.a-part; thenceNorthwesterly
along the arc of
- _ z. 379.;26_ft. -radius -curve to the right, having a chord
— :-- - - = bear_ino _i:nd-distanca :Of_'X27*10 �1'N, 282.4-1 ft. to a
point; =thence ;N79-., lY`E,--508.85 ft. to a point; thence
S45°37'47"E, 346.43 ft. to a point; thence S31°26'56"E, 611.77
ft. to a point; thence southwesterly alono the arc of a
622.96 ft. radius curve to the left, having a chord bearing
End distance of S23°45'33'W, 158.62 ft. to a point; thence
S16°30'13"W, 43.65 ft. to the point of beginning, containing
435,455 sg. ft. or 11.14,5 acres more or less. r
EAST 17 ACRES OF � R�AC EPC# 20021081.17
Page 5 of 5
PART OF THE E I /2 OF SECTION 14 AND PART CF TIAE 'N 1 /2 OF SECTION 1-3.
T-2-N, R-14-'ty, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY
= DESCRIEEO AS FOLLOWS:
BEGINNING AT THE INTERSECTION CF T;1E NORTH RIGHT-CF-WAY LINE OF
ARKANSAS STATE HWY # 10 AND THE WEST R',GHT-OF-WAY LINE OF RANCIA
DRIVE: THENCE N32'02'25"W ALONG SAID NORTH P.1CHT-OF-WAY LINE,
18.27 FT.: THENCE N53-07'39"W AND CONTINUING ALONG SAID NOi?TH
RIGHT-OF-WAY LINE, 320.16 ri.; TI-IE`10E N68'41' 18"W XND CONTINUING
'LONG SAID MORTH RIGHT-OF-WAY LINE, 83.81 FT.; THENCE 1\151'20' 1 1"W
AND COtt"I i INUING ALONG SAID NORTH RIGHT -OF -'NAY LINE, 200.00 FT.;
THENCE I`I49*57'58*•'N M-40 CONTINUING ALONG SAID NORTH RIGHT -OF- VAY LINE,
a91.5o Fi. THENCE N26'40'52"E. 5. -5.52 FT. TO A POINT ON THE SOUTH
RIGHT-OF-M%Y LIME OF RANCIA Of-:IVE: THENCE S42' 1 9'01" E ALONG SAID
SOUTH RIGHT-OF-WAY LINNE. 37.22 FF.; THE?iCc SOUR=EAST-RLY AND
CCNTINUING ALONG SAID SOUTH RIGHT-OF-'rYAY LiIiE. EEING T);= ARC OF - A
507.46 Fi. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF
S62-45' 1 7" E. 3.1.5.63 F T.; TI IENCE S8. 12'5-V" _ AND CONTINUING ALONG SAID SOU T H
RIGHT-OF-WAY LINE 200.00 FT.: THENCE SOUTHEASTERLY ALONG SAID SOUTH ANG
WEST RIGHT-OF-WAY LINE, EEING THE ARC OF A 420.00 FT. F.AOIUS CURVE TO
7HE FLIGHT, A CHORD SEAPING ANC DISTANCE OF S2435'5ti"E. 717.10 Ft.;
THENCE S34'00'58"W AND CCNTINUING ALONG SAID -WEST RIGHT -OF --WAY LINE,
351.53 FT.; THENCE SOU'rHWESTERLY AND CONTINUNG ALONG SAID WEST
MGHT-OF-'NAY LINE, BEING 1HE ARC OF A f',0.00 Fi. RADIUS CURVE TO THE
RIGHT. A CHORD BEARING AND DISTANCE OF S4, 41'02"W, 13.47 FT. TO
THE POINT OF BEGINNING, CONTAINING 17.03 ACRES' MODE OR LESS.
The combined legal description on this Exhibit --A
containing 50.3175 acres or 2,191,830 square feet
more or less.
_Ci _ Civil Engineering Division
of Lithe Rock __.__. 9
�. Department of 701 West Mlatkharn
Public Works Little Rock, Arkansas 72201-1300
4LIT� 371-4311 Fax 371-4460
C�
CIVIL ENGIN RING RESPONSE
THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS
HAVE BEEN SATISFIED. APPROVAL FOR FILING OF THIS PLAT CAN
BE ISSUED � h
SIGNED BY ENGINEER
SIGNED BY SURVEYOR k
SIGNED BY 911 ADDRESS COORDINATOR
DXF. DISKETTE PLAT
DXF DISKETTE STORM DRAIN /Vac
REMARKS
1-2
City of Little Rock
Planning and Development
Filing Fees
Date: I j 1 , 20 0 t
Annexation
Board of Adjustment
Cond. Use Permit/T.U.P
Final Plat
Planned Unit Dev.
Preliminary Plat
Special Use Permit
Rezoning
Site Plans
Street Name Change
Street Name Signs
Number at -
Public Hearing Signs
Number at
ea.
Mx11
Total
$ JAN 17 2002
&! E �
�r BUOMOODE
File No. S— a Q S—
Location At, 5 -6 , Z�L� ate- JJI)
Applicant " ,
By