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HomeMy WebLinkAboutS-0285-TT Applications 2002146989 05/28/2992 03:21:35 GM Filed & Recorded in Official Records of CAROLYN STALEY PULASKI COUNTY DECLARATION OF RESTRICTIVE COVENANTS ANDUBM"ORMSURANCE Fees $92.09 THE RANCH COMMERCIAL TRACT FCC TRACT A PARTNERSHIP This Declaration of Restrictive Covenants and Bill of Assurance is made this 24 ''day of M n y , 2002, by FCC Tract A Partnership, an Arkansas general partnership, acting herein by and through Financial Centre Corporation, an Arkansas corporation, its duly authorized and empowered Managing General Partner and Ranch Properties, Inc., hereinafter collectively referred to as "Allottor". FR`ys�as,+aa¢t� ARTICLE I. 'F. r ' " !�. `'•, Ile Recitals a _ i 1.1 The Allottor is the present record title holder of 46Ltaia� Tprob' ~ `gitudted in w a'il'• � • Jr ly 4 the County of Pulaski, State of Arkansas, more particularly 3� ows (the ��°arGaaroa*� "Property"): PART OF THE SW1/4 SW1/4 OF SECTION 13, T-2—N, R-14—W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE SOUTHEST CORNER OF TRACT L, THE RANCH, LITTLE ROCK, AKANSAS; THEN N88003'37''W ALONG THE SOUTH LINE OF SAID TRACT L, 174.73 FT. TO THE POINT OF BEGINNING; THENCE S01039'04 ''W, 265.00 FT; THENCE N88003137 ''W, 256.73FT.; THENCE N63152'09''W, 81.46 FT. TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF RANCH DRIVE; THENCE NORTHEASTERLY ALONG SAID EAST RIGHT—OF— WAY LINE, BEING THE ARC OF A 480.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N15°59'58" E, 238.77 FT. TO THE SOUTHWEST CORNER OF SAID TRACT L; THENCE S88003'37 ''E ALONG THE SOUTH LINE OF SAID TRACT L, 271.70 FT. TO THE POINT OF BEGINNING, CONTAINING 1.7719 ACRES MORE OR LESS. 1.2 The Allottor 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 Q d the Allottor does hereby make this Declaration of Restrictive Covenants and Bill of Assurance. 1.3 Allottor 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 4, Tract A, 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 Allottor 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 "Drainage and Utility Easement", which Allottor hereby donates and reserves for the use of and by public utilities, and for drainage purposes, respectively, subject at all times to the proper 2 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 utility and drainage easements shown on the Plat. 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 Allottor does hereby reserve unto the Developer the right to any surplus dirt in said streets for Allottor's own use and benefit. 1.5 The Lot or Lots in the Addition above described shall be sold or conveyed by the Allottor 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 commercial property, to wit: ARTICLE II. Definitions 2.1 Definition of Terms: (a) "Developer" shall mean FCC Tract A Partnership, an Arkansas general partnership and Ranch Properties Inc., an Arkansas corporation, its successors and assigns. 3 .1 1 ; i (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. hereof. (c) "Property" shall mean and refer to the real property described in Paragraph 1.1 (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 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 total area of these Parcels is approximately 2,620,000 square feet or 60.15 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 4 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. ARTICLE IV. Fi � eamante 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 5 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 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 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 M 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: 7 (a) Front or side yards abutting Cantrell Road - all principal and accessory building or 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 Stibdividino. 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. attached. (4) Gutters and downspouts are to be painted to match the surface to which (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 Cantrell Road or Ranch Drive. 9 (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 within the site boundaries. (f) The Developer may approve alternate lighting plans which will accomplish the intent of the requlrernents. Such alternate plans shall be submitted in written form with supporting details and if approved by the Developer such approval will be in writing. 10 6.12 Landscaping. (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. (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 area between the south property line and Cantrell Road will be maintained by the Common Area Maintenance Zone fund. (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. 11 (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: Willow Oak Cypress Water Oak Red Maple Other equivalent approved by Developer Ornamental Trees: 12 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) 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 of no more than 40-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 Ranch Drive must include at least 50 % ratio of planting beds with shrubs and ground 13 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 Areas in Public Rights of W a . (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, 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. 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 14 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 2,620,000 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 yearend. The 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 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. 15 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, 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. 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 Developer and the Owner 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, 2022, without the prior written consent of the Developer. 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 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 16 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's fthts 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. ARTICLE VIH. Miscellaneous 8.1 No Waiver. All the conditions, covenants, restrictions and reservations contained in this Declaration. Flat 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, 17 covenants, restrictions and reservations or any part thereof shall be thereby affected or impaired. 8.2 Owner's U&dity 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: FCC Tract A Partnership c/o Mr. Edward K. Willis Financial Centre Corporation P.O. Box 56350 Little Rock, AR 72215 18 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. EXECUTED on the date first mentioned above. RANCH PROPERTIES, INC. FCC TRACT A PARTNERSHIP an Arkansas corporation - ALLOTTOR an Arkansas general partnership - ALLOTTOR BY. �64 & Ed K. Willis, President STATE OF ARKANSAS ) ) ss COUNTY OF PULASKI) Cn O m '2 j C) -E N BY: FINANCIAL CENTRE CORPORATION � 6 8 managing partner U, _ 0 � E•� yt C eZp 07 .O Y N 7 N BY: cb'�9c c Edward K. Willis, President m E ACKNOWLEDGMENT o o t3 m t 0TN m E c CC 'S v 6 Cr 2 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 Financial Centre Corporation, an Arkansas corporation, managing partner of FCC Tract A Partnership, 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 a� !7 day of C , 2002. D My Commission Expires: 9/IA/,a T ••i"'11994ra40aaa G. NpTARi� Cr %.0 Ip 2 %b COIF:••• 19 Notary Public oil LO••�-'F �bd�11 / OJJ Page 1 o f 6 DECLARATION, PLAT AND RESTRICTIVE COVENANTS EXHIBIT "A" DECLARATION- PLAT AND RESTRICTIYE MEN.•yYTS EXHIBIT 'A' Lecal Description: --Northe=_st •Cor;,er Ranch Drive and The Ranch Eculevard Part of the ElI2, at 5ecticn 14, T-2-N, R�-14-Y, - Pulaski Ccunty, Arkansas, mcra particularly describa as: -SLarA " at tie Soutihwas' Corner of Tract �L�, a Ranch, Little Rock, Arkansas, said corner lying on tha Korth' right-of-way line of Ranch DriYe; thence Northwesterly .along the acc of a 4,7.46 ft. radius c°.:rYe to the Light+.having .z chord bearing and dis.�„c_ of H5a'43122'u, 227.63 ft. to a paint; thence N43'S=`15'K, 589.16 f.t. to a point; thenca - ?►ort,�u=_sterly alorc a �rc•cf a 602.96 ft. radius curve to the 3eft, haring.a_chord bearing and distance of N14°21'47'k, 7.99 ft. to the paint of beginning; thence Northwesterly along the arc cf z 602.56 ft. radius curve to the left; having z chord bearing and distance. of 855432120'w, 225.81.ft. to a point;:thence �Horyuesfierly along the arc of a 25 ffi. radius curve to - -Up. right, havinv_ E, chord bearing 'and distannc4 of H22T°Sa`5EBW, 33.05 ft. to a. point; thence K16`25`'SVE 50.14 ft.-to a -Point; thence Northeasterly along the arc of a 522.S6_ft. radius curve L� - the right, having a chard bearing and distance of H23445133°E, 133.39 ft. to z point; thence H58854145'u, 20.0 ft. to a point; thence N31°05`11'E, 53.67-ft. to a point; thence Sce'16`3a E, 330.80 ft. to a paint; thence 537'05'34"W , 270.04 ft., to the point of beginning, containing'75,000 sq. ft. or 1.7218 Acres mare or less. Dori 200211763-5 Page 2 of 6 DECLARATION, PLAT AND RESTRICTIVE COVENANTS EXHIBIT "A" Leal Description: Southeast Corner Ranch Drive and Ranch Boulevard . i Part of the E112, Section 14, i-2-H, R-1 ",Pulaski County, Arkansas, more particularly described as: Starting at the Southwest corner of Tract 'L', iha Ranch, Little Rock; Arkansas,=said corner lying on the North right-of-YaY line of Ranch Drive; thence S0;°08'20-E,-63.60 ft- to a point of the South richt- •of-way l i ne -of" said Ranch Drive; thence Northwesterly along said South right-of-way line, being the arc o! a,501.46 ft.-rjdius_cvrve to..a thright havin. a chord bearing and distance of H59459'29'X, 279.82-f`.zod2 •point;-thence-N43°59'15=N-and continuing alongL 5 South right-of-way line, 37.22 ft. to -the poin. of beginning; thence 52511001331X, 547.14 ft. to a Paint- en the Korth right-of-way line of Arkansa State Highway— No. - 10; thence Northwesterly along said *North right cf-way line the following bearing and distances: NS1037107'k, 135.95 ft.; N530311531x, 74.70 ft.; 860°34'2;"N, 413.61 ft. and H69'07'544K, 103.53 ft= to a. point on the East right-of-wzy line of Ranch Blvd.; thence'Ho rtherly along said East right-of-way line, being the arc of a- 40 ft. radius curve.to the right, `haying a._chord bearing_ and distance of H01631'11'X, Z&11,ft. to a point; thence H19403'161E and continuing along said East right-of-way line 173.69 ft to a point;`thence Northeasterly and continuing along said Eait right-of-way line, being the arc of 1382.39 ft. radius curve to the right, having a chord bearing and distance of N25°00133'E, 286.82 ft. to a point; thence N300511491E and continuing along said East right-of-u}y line, 124.59 ft. to a point; thence Northeasterly and continuing along said East right-of-vay line, bei::q the arc of a 527.46 ft. radius curve to the left, havinc a chord bearing and distance of H26°50'41'E, 75.78 1%. tc z point; thence northeasterly and continuing along said East riont-of_ way 1 ine_be.ing.the .arc of a 25 ft. red ies curve'to :the Light, :hay.inc a chord bearing and C 15tariGe: of=HST°47' Oo'.c; 36 -_ft. to a point on the South-.rtghL-af-Way lint. -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, 4 having a chord bearing and distance of 554434117't, 199.46 ft. to a point; thence S43059'15"E and con- E tinuine along said -South right-of-way line, 551.94 ft- ' to the point of beginning, continnine 471,654 sa ft. or 10.8277 Acres more or less. Page 4 of 6 DECLARATION, PLAT AND RESTRICTIVE COVENANTS EXHIBIT "A" Leal Description: Northwest Corner of Ranch Orive and Ranch Boulevard -.-- part of the E1J2, Section 14,' T-2-H, R-14-X, Pulaski County, Arkansas, more particularly. described as: Starting at the xrtheast corner, of the W;x, 5kx,.5ection 13, T-2-N, R-14-k'; thence 50451'40nW, along the East line of said -Wk ,Skx, 1321.0 ft. to the southeast corner th erect; thence 50401116'E, alone the east line of the SX5,Sk4, said Section 13,-12 �.45 ft. to a point on the North right-of-wEY linE or Arkansas State Highway No. 10; thence northwesterly along -said Horth• right-�of-way lint -.being the. arc of a 13EE.41 11t. radius curve to the right, having a chord bearing and bistince 'of N67015'1511k', 682.08 -ft. -to a point; thenca N52'581151K and continuing along said North right-of-way Iine,':1495:51-.ft.:.to.a point;_ thence northwesterly and .continuing along said North -right-of-.wr y-line; said line also being -the arc of_ a- 1959.86 ft. radius curve to the lef.t., having a chord bearing and distance of N63'21'041u, 706.23 ft. to a point;*thence H73'43'52"N and continuing along said North right-of-w_y: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 N62'39143'E, 55.77 ft. to a point; thence N19403116'E, 175.23 ft. to a point; --thence northessterly'along the arc of a 1482.39 ft. ridiu-s c'rY to thi'right, having a chord bearing and distzxr�-�f N25400133"c, 307.57. ft.to a point; thence N30'57'491E;:-124.59 ft. to a point; thence northeasterly alone the -arc of a 427.46 ft. radius carve to the left, having a chord bearing and distance of N23'391460c, 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 Sc2'47'49"W,-36.17 ft. to a point; thence. northwesterly.along the arc of a 924.23 ft. radius curve to the right, having a chord bearing and distance -of 860615125,W, 347.34 ft. to a point; thence N4°'19137'W, 6_: .a4 t.-to.'a:po nt;• thence-Northwes.terly alarg the. arc gf z 379:25=it.:radius -curve to 'the•'riaht; having a chord bear_ina _and -distance, :of':h27'-tO t5l'W, 252:-44 ft. to a. - point;=thence'H79";9' 14'E; -50E.85•:ft. to a paint; thence 545437'410E, 346.43 ft. to a point; thence 531826'56"E, 611.77 ft. to a point; thence southwesterly along the arc of a E22.96 ft. radius curve to the left, having a chord -bearing and distance of 523'45'33'u, 158.'6? ft.. to -a. point; thence 516430' 131u, 43.65 ft. to the point of beginning, containing .435,455 sq.- ft. or 11.14,15 acres more or less. 1)oc 2002117635 19 DECLARATION, PLA-T AND RESTRICTIVE COVENANTS EXHIBIT "A" E,1Si 17 ACRES OF —MACT 13 Page 5 of 6 PART OF 18e EI/2 OF SECTION 14 ANO PART CF TAE X 1/2 OF SECTION 15. T-2-Id. R-14--W. PU ASKI COUN[:Y. ARKA•'SAS. MORE PAPrICUL RLY OESC.MEED AS FOLLOWS: cEGiKTl[htG AT rrsir 11 [ i ERSEC10K CF T:aZ i�lOPTH RlG j -CF-wA UNE OF ARKANS:S S TXT► >•{YNY 110 ANO THE WEST FIGHT -OF -WAY UNE OF P.A.`1C14 dtirrr^c.: 7KLNcE uJ2"02125'W ALONG SAID NORTH P!CH7-GF-IYAY LINE. le.27 FT.: TI11-NCE K55'0i':1° W ANO CONTINUING ALONG SAM 3%;Cr?iri RIGHT-CF--WAY UNE. 320.16 THENCE' N5a"4-1.16"w RIO Ca1Trri[11itG ALONC S 0 NORM RICkIT-OF-WA; UNE. 5.2..21 • FT.: THr�CE IW51'2q' l f' IcY 1 AMC CG,'1'siNlViNrC ALONaC fkiD NORTH UGKT-OF-WAY UNE. 200.Cq F "- Tl-iE?�CE IiAS'Si'S8"w 14`lo CCIr1rILJf, fc r'+Lat�rG 5�1C' AIOFTrf F.3Gi-i-OF-W:+Y LII+i, 491.56 FT.: THENCE H26' . 1 E. 3-�^.52 FT. TO A pO[NT ON THE SOirH RICE-OF-'�IAY LINE OF P.ANCl4 0l=.Nr: 7r[FNCE 5Ai ivol_4 r�LCNG SAID SCIISM €c]M I T -CF-WAY UNE. 3 1 22 F-t.; 11na- ICE SOI I .F.AS T ERLY AND CCN i 4'iL'[N a .tiLGNC SA1G SGLI i H BIGHT -OF - i'r Y LINE. EEI+NG THE ARC 0. • A :W.46 F r. f vus CLlCIi+= . TO THE LUT. A C Q .0 EE�,� 1NG Arlo CIS i ;�4SA OF 56,E 45'l i E S•1[.63 F-T.; Tl [ENCE SS- 12'S4" E • AJND CON7.,%INs iG _LONG SA, SdU s r�, RlVK7-OF-W,V. L!NtE 200.00 F <.: THENCE SOUTHEAS i ERLY ALONG SAID SOUTH .010 WEST NGHT—OF—WAf LIME. EENC T:�c Ar:C 'OF A 420.00 FT. F"D1V5 CURVE TO TrE MOOT, A CHORD EEAPfuG AND DISTANCE . -OF S-2735•56"F. 717.10 Fi.• THENCE 534'CO'58"w 1U`I0 CONTINUING ALONG S IJ'„ PEST AJGKj-OF-YrAY Lrz*-IE. C D 5YE-3T 351.53 FT.; THENCE SoUrNXESTERLY AND CONTINUING rLON1G RICHT-OF--'NAY LINE. EE;NG 11JE ARC OF A 4_0.00 F . RA014.1S CURVE i ❑ THE F.ICHT, A CHORD EEARING :kND DISTANCE OF S43L1'Q2,W. 1.3.47 F`f. TO �. Tl•i'E PGWS_OF-EF.GINNING. CONTAINING 17.03 ACRES' MORE OR LE='• - - .. Doc 20e2117635 Page 6 of 6 DECLARATION, PLAT AND RESTRICTIVE COVENANTS EXHIBIT "A" TRACT A, THE RANCH PART OF- THE SW1/4 SW1/4 OF SECTION 13, T-2-N, R-14-W, PULASKI' COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT L, THE RANCH, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE S01039104"W ALONG A LINE 30.00 FT. WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SW1/4 SW1/4, 677.79 FT. TO THE NORTHEAST CORNER OF LOT 1, TRACT A, SAID THE RANCH; THENCE N84°45103"W ALONG THE NORTH LINE OF SAID LOT 1, TRACT A, 128.40 FT.; THENCE S55-23143"W CONTINUING ALONG SAID NORTH LINE, 96.12 FT.; THENCE S15-32T2911W ALONG THE WEST LINE OF SAID LOT 1, TRACT A, 115.40 FT. TO A POINT ON: THE NORTH RIGHT-OF-WkY LINE OF ARKANSAS STATE HWY #10; THENCE N76006' 47"W ALONG SAID NORTH RIGHT-OF-WAY LINE, 61.28 FT.; THENCE N65008151"W CONTINUING ALONG .SAID NORTH RIGHT-OF-WAY LINE, 33I:88:FT.;,-THENCE-*' N51019' 41"W CONTINUING ALONG SAID -NORTH RIGHT-OF-WAY LINE,-" 133.77 . FT.; THENCE NORTHWESTERLY CONTINUING ALONG SAID NORTH RIGHT--OF-WAY LINE, BEING THE ARC OF A 40.00 FT. RADIUS CURVE TO THE RIGHT,, 'A' CHORD BEARING AND DISTANCE OF N08039' 21 "W, 54.22 FT.._ TO A-PDiNT:ON THE EAST RIGHT-OF-WAY LINE OF RANCH DRIVE; -THENCE N34000158"E ALONGr SAID EAST RIGHT-OF-WAY LINE,- 362.06 FT.; THENCE NORTHEASTERLY.�AND CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE; BEING THE ARCr OF_A,: 480.00-:'FT. 'R=S CURVE TO THE LEFT,. A CHORD _BEARING,. M DISTANCE_' OF N17048'23"E, 267.98 FT. TO THE POINT OF -BEGINNING; 7:-CONTAINING 9.8358 ACRES, or 428,447 SQUARE `FEET, -MORE OR LESS. The combined legal description on this Exhibit A containing 60.15 acres or 2,620,000 sgUare feet more or less. ■ C'y of LitHe Rock Civil Engineerin2 Division Department of 701 West [Aarkham l Public Works Little Rock, Arkansas 72201-1300 371-4811 Fax 371-4460 W! CIVIL ENGINEERING RESPONSE THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE BEEN SATISFIED. APPROVAL FOR FILING OF THIS PLAT CAN.. BE ISSUED Z4. 9,4 Nc ! -I—' 7-X4c--r- SIGNED BY ENGINEER SIGNED BY SURVEYOR SIGNED BY 911 ADDRESS COORDINATOR DXF. DISKETTE PLAT Ale---V DXF DISKETTE STORM DRAIN Nee-0 REMARKS C.i a CITY Or LITTLE IZOCK PUBLTC WORKS DEPARTMENT - ENGINEERING CIIECK LIST>'OIZ FINALl'LA'f SEE 1,117LE 1ZOCIC SUBDIVISION CODE - S Name Tko— RA ,uz Type Plat= r" L0 �- d* -107-AG -r ILI QUIKED INFORMATION N/A OK RE UIRrI.) L 'IONS 31-1 IG lhru 31-147 Date S 2 a z Name & address of owner of record & subdivider J Name of subdivision �j Date of plat t/ Names of all streets 11� North arrow Certificate of cnginccring accuracy � Certificate of surveying accuracy !� Appropriate size & scale Source of title deed book & page number Legal description _ Boundary line & dimensions & bearing Adjacent subdivisions names Lot & block numbers Interior lot line dimensions & angles Street widths & right-of-way lines _ Building lines and dimensions Adjusted Arkansas State plane coordinates (north zone) on all boundary corners Statement indicating the ratio error of closure Sufficient curve data to establish or re-establish curve Record bearing & distances on common boundary lines y Accurate location & description of monument ('owed & set indicating size, type of material Name of street & alley within abutting subdivision Street centerlines with bearing & distance on all line segment angles of intersection & curve information casement giving dimensions, location, purpose Show any arcs or lot that may be prone to flooding with the lowest allowable finished floor elevation Survyy to conform to the Arkansas Minimum Standards for Property 130u11daly Surveys & Plats Set two PAGIS monuments & intervisible boundary corners PAGIS monuments information shall be provided on standard control data forms Set monuments at all street centerline control points Provide vertical control data on PAGIS monuments D.7CY. Diskette SAS BUILT STORM DRAIN INFORMATION, STATE PLANE COORDINATES(NORTH ZOi ) RIM&INVERT ELEV.,LENGTH OF PIPE, SIZE OF PIPE, TYPE OF PIPE, TYPE OF INLETS -..,,- - r - r Alrr iNVZVFTTF