HomeMy WebLinkAboutS-0285-DDD Application2003098291
09/23/2803 02:43:44 PM
Filed & Recorded in
G7 Official Records of
CAROLYN STALEY
PULASKI COUNTY
CIRCUIT/COUNTY CLERK
This instrument prepared by: Fees $80.80
HAL JOSEPH KEMP, P.A.
Kemp, Duckett & Arnold
Attorneys at Law
111 Center Street, Suite 1300
Little Rock, Arkansas 72201
Phone - (501) 372-7243
DECLARATION OF
RESTRICTIVE COVENANTS
AND BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
This Declaration of Restrictive Covenants and Bill of Assurance is made this E-L day of
01Ae-rnb elz , 2003, 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., FCC Tract A
Partnership and Ranch Properties, Inc. being hereinafter collectively referred to as "Allottor".
ARTICLE I.
Recitals
1.1 The Allottor is the owner of certain real property situated in the County of
Pulaski, State of Arkansas, more particularly described as follows (the "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:
BEGINNING AT THE NORTHEAST CORNER OF LOT 4, TRACT A, THE RANCH, AN
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, SAID CORNER LYING ON
THE SOUTH LINE OF TRACT L, SAID THE RANCH; THENCE S88°03'37"E ALONG SAID
SOUTH LINE, 179.73 FT. TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF
KATILLUS ROAD, BEING 25.00 FT. FROM THE CENTERLINE THEREOF; THENCE
S01039'04"W ALONG SAID WEST RIGHT-OF-WAY LINE, 678.08 FT. TO A POINT ON
THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 1, TRACT A, SAID THE
RANCH; THENCE N84°45'03"W ALONG SAID NORTH LINE, 133.41 FT. TO A POINT ON
,•�,�� Cl R r��r.
} �IL
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
THE EAST LINE OF LOT 3, TRACT A, SAID THE RANCH; THENCE NO3°17'36"W
ALONG SAID EAST LINE, 139.58 FT.; THENCE N65°44'48"W ALONG THE NORTH LINE
OF SAID LOT 3, TRACT A, 208.85 FT. TO THE NORTHWEST CORNER THEREOF;
THENCE S34000'58"W ALONG THE WEST LINE OF SAID LOT 3, TRACT A, 64.04 FT. TO
THE NORTHEAST CORNER OF LOT 2, SAID TRACT A, THE RANCH; THENCE
N55059'02"W ALONG THE NORTH LINE OF SAID LOT 2, TRACT A, 263.32 FT. TO THE
NORTHWEST CORNER THEREOF, LYING ON THE EAST RIGHT-OF-WAY LINE OF
RANCH DRIVE, BEING 30.00 FT. FROM THE CENTERLINE THEREOF; THENCE
N34000'58"E ALONG SAID EAST RIGHT-OF-WAY LINE, 128.32 FT.; THENCE
NORTHEASTERLY CONTINUING 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 N32012'31"E, 30.28 FT. TO THE SOUTHWEST CORNER OF SAID LOT 4,
TRACT A; THENCE S63052'09"E ALONG THE SOUTH LINE OF SAID LOT 4, TRACT A,
81.46 FT.; THENCE S88003'37"E CONTINUING ALONG SAID SOUTH LINE, 256.73 FT.
TO THE SOUTHEAST CORNER OF SAID LOT 4, TRACT A; THENCE N01039'04" E
ALONG THE EAST LINE OF SAID LOT 4, TRACT A, 265.00 FT. TO THE POINT OF
BEGINNING, CONTAINING 4.4455 ACRES MORE OR LESS.
1.2 The Allottor has caused the land hereinabove described to be surveyed and a plat
(herein 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
G 773 and 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 Property hereinabove described, in accordance with
the aforesaid Plat. The Property embraced in said Plat shall be forever known as:
Lot 5, Tract A, The Ranch, an Addition to the City of Little Rock, Pulaski County, Arkansas;
and any and every deed of conveyance of the Property containing that description as shown on
said Plat shall always be deemed a sufficient description thereof.
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DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
1.4 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 authorities and
to the easements and restrictive covenants herein reserved. Accordingly, all persons, natural and
artificial, who become owners of the lot platted hereby, shall take their titles subject to the rights
of public utilities and the public in the utility and drainage easements shown on the Plat.
Additionally there is shown and reserved on the Plat an Access and Utility Easement on,
over and across the Property which is, shall be and remain a private street; subject to the grants,
rights, retainage, privileges and reservations herein contained, and the same is intended to
provide vehicular and pedestrian ingress, egress and access to, from and across the Property to
and from Lots 2 and 3, Tract A, The Ranch, an Addition to the City of Little Rock, Pulaski
County, Arkansas. Accordingly the Allottor hereby reserves and grants a non-exclusive
reciprocal easement for vehicular and pedestrian traffic on, over and across the Access and
Utility Easement as shown on the Plat as an easement appurtenant to Lots 2, 3 and 5, Tract A,
The Ranch, an Addition to the City of Little Rock, Pulaski County, Arkansas for the use and
benefit of any Owner thereof, their agents, employees, servants, invitees, guests, successors, heirs
and assigns. Further, Allottor hereby grants a non-exclusive reciprocal easement for vehicular
and pedestrian traffic on, over, under and across the Access and Utility Easement as shown on
the Plat an easement in gross to any municipal corporation or other governmental or public
agency, including postal, fire, police and utility departments, as well as all utility providers
required to use said private streets in the discharge of a public purpose or in the provision of
utilities to the aforesaid lots.
1.5 All Owners of the Lot platted hereby, and all persons, natural and artificial,
claiming an interest in the Lot platted hereby, shall take their titles subject to the grants, rights,
retainage, privileges and reservations herein contained, including but not limited to, the rights of
public utilities in and to the private streets shown on the Plat and the utility and drainage
easements shown on the Plat.
Accordingly the Property 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
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DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
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 Property above described
as desirable, uniform and suitable as commercial property, to wit:
ARTICLE II.
Definitions
2.1 De-fyiition of Terms:
(a) "Developer" shall mean FCC Tract A Partnership, an Arkansas general
partnership and Ranch Properties Inc., an Arkansas corporation, their respective 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 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, placed, erected or installed on the Property.
(e) "Lot" shall mean and refer to the Lot platted hereby as shown on the Plat.
(f) "Plat" shall mean and refer to the Plat mentioned above platting the Property.
(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 terms, provisions, conditions,
covenants, restrictions and reservations herein contained all of which shall be deemed to run with
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DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
the Property and each and every part thereof to insure proper use and appropriate development
and improvement of said Property insure adequate and reasonably consistent development of the
Property.
ARTICLE IV.
Easements
4.1 Utility and Drainage Easements for drainage and for the installation, maintenance,
repair and replacement of utility services, storm and sanitary sewers 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.
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
:•'br ■ rrr rr r
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
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DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
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,
as determined by the Developer from time to time.
6.2 Devefnner'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
(i) granting of any approval, permit or authorization or (ii) refusal to grant any approval, permit,
authorization or approval of any plans or specifications submitted hereunder.
6.3 Suhmiggion ReQnirements.
(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 the Lot platted hereby nearer to the front, side, interior or
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DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
rear lot lines than the minimum building set back lines shown on any recorded Plat affecting 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 Rij1ding Exteriors. The exterior of all improvements on the Lot platted hereby
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.
(a) 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.
(b) Ground signs will be no more than eight feet above grade in height nor more
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DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
than 57 square feet in area. If signs are upon landscaped berms, their maximum height above
curb level shall be ten feet.
(c) Tem_norary Signs. The location, size and design of temporary signs are
subject to the approval of the Developer.
6.10 Driveways snd Parking. (a) The location of driveways requires the prior
approval of the Developer.
(b) No parking is permitted on Cantrell Road or Ranch Drive.
(c) All parking areas adjacent to landscaped areas shall have concrete upright curbs.
6.11 T "i gb i n a. Exterior lighting shall comply with the following:
(a) Parking Lot:
(1) Type:
(2) Height:
(3) Finish:
sign scheme.
(b) Walkways:
(1) Type:
(2) Finish:
project's overall sign scheme.
Pole -mounted Sterner Diplomat
25 foot high pressure sodium, or
equivalent approved by the Developer.
Not to exceed twenty-five feet overall
Dark bronze anodized finish for
pole and fixture, or otherwise consistent with the project's overall
Sterner 8" round bollard light or equivalent.
Dark bronze anodized finish, or otherwise consistent with the
(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.
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
(e) All exterior lighting shall be shielded and confined within the site boundaries.
(f) The Developer may approve alternate lighting plans which will accomplish the intent
of the requirements. Such alternate plans shall be submitted in written form with supporting
details and if approved by the Developer such approval will be in writing.
6.12 Landscaping. (a) Owner will be responsible for the design, development and
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.
(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
DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
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 or other equivalent
approved by Developer.
Ornamental Trees: Watermelon Red Crepe Myrtle, Bradford Pear, Multi -trunk
Burford Holly, Treeform Yaupon or 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 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
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DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
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 MSimenanrg of Areas in Public Rights of Way. (a) Each the Owner of the
Lot platted hereby and each Owner of a Parcel 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 non -paved areas with the right of way of
public streets (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 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
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DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
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.
ARTICLE
Term- 1do Et t t tt'� .ts G •tu t
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 Modification. Notwithstanding any provision, restriction or covenant herein
contained to the contrary, any and all of the terms, conditions, covenants, provisions and
restrictions set forth herein may be amended, modified, extended, changed or canceled, in whole
or in part, by a written instrument signed and acknowledged solely by the Allottor. Alternatively,
any and all of the terms, conditions, covenants, provisions and restrictions set forth herein may be
amended, modified, extended, changed or canceled, in whole or in part, only by a written
instrument signed and acknowledged by at least 50% percent of the Owners, of the Lot platted
hereby; PROVIDED, HOWEVER, any such amendment, modification, extension, change or
cancellation, in order to be effective and enforceable, must be approved and consented to in
writing by Allottor. The provisions of any such instrument so executed shall be binding from and
after the date it is duly filed for record in Pulaski County, Arkansas.
7.3 Right to Enforce. The restrictions, covenants and provisions herein set forth
shall run with the lot platted hereby and shall bind the present owner, their heirs, successors and
assigns and any person, natural or artificial, hereinafter owning the lot platted hereby. Allottor or
any owner of the lot platted hereby shall have the right to sue for and obtain an injunction,
prohibitive or mandatory, to prevent the breach or to enforce the observance of, the restrictions
above set forth, in addition to any ordinary legal action for damages. The failure of Allottor or
any owner of the lot platted hereby to enforce any of the restrictions hereby set forth at the time
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DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
of its violation, shall, in no event, be deemed to be a waiver of the right to do so thereafter.
7.4 Assignment of Deyelnner's_Right_s_and Duties. Any and all rights, powers and
reservations of the Developer herein contained may be assigned by the Developer to a person,
corporation or association as designated. by the Developer, 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 but not limited to, 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 VIII.
Miscellaneous
8.1 No Waiver. All the conditions, covenants, restrictions and reservations contained
in this Declaration of Restrictive Covenants anrd Rill of Assurance 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 Subseouent 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 hereto.
8.3 Renefits and Burdens. The terms and provisions contained herein shall bind and
inure to the benefit of the Developer, the Owner of the Lot platted hereby and their respective
heirs, successors, personal representatives and assigns.
8.4 Notice. Any notices required or permitted herein shall be in writing and mailed,
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DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
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
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: 49u%11zr't Ie.
Edward K. Willis, President
nevkrmd only for inclusion of minimum standards
requirod by the City of Iittia Rock subdivision rogulations.
Bill cf As suran-= crcvissc. established by th^
developer r by exec;.' „S::imu7! rsguladons of the
Utdo Rock subdvision and zoning ordinanco3.
��L
City of Little Rook P ing mission
BY: FINANCIAL CENTRE CORPORATION,
managing partner
Edward K. Willis, President
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DECLARATION OF RESTRICTIVE
COVENANTS AND BILL OF ASSURANCE
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 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 19+=' day of
t , 2003.
Notary Public
My Commission Expires:
IV
0-
1
Doc# 20030 Z!9I1 of 6
DECLARATION, PLAT AND RESTRICTIVE COVENANTS
EXHIBIT "AA"
O amfiTIOH, PLAT .AND RESTRICT IYE COVER,*TS
EXHIBIT 'A`
Lecal DescriptviOn: .-Northeast •Cor;,zr Ranch Drive and
The Ranch Ecul eyzrd
part Of t.;7e E1l2, or section 14,
pulaski Ccunty, Arkansas, more particui{rly describa�`
2S: SiartinG �t t,�� 50uthy est Carer o` Tract , 1 -m
Ranch r Li tLl E �CGC.L., Ark_,nsas , said corner iyin� cn L��'-
Mrth' lire of Ranch Orlve; thE+c°
HwryhkertwrZy alenc the act of a 4=7.46 ft. radius
curya to the -right, .hzyir19 .a chord bea rinc and dis",,ca
Of K=c'43'22'X1, 227.63 ft. to a point; thency
h;s's5' i5'K, 569.16 ft..to a paint; t�,anc_ _
herthuwsLerl�- alone a �rc•cf a 602.96 ft.. radius
curya to the left, haYing•a_chocd bearing and distance
of MnJP21'47'x, 7.99 ft. to the point of beinning;
thence Horthuesterly along the arc of a 602.56 ft.
radius curYe to the left; haying a chord bearing and
distanca of H55`32'201K, 225.81•ft. to a paint;=them°
f •a
25 ; t. radius cure to
vest°r1y along the arc o
_tf z right, haying z' chord bearing znd di s tanc� of
x2;'5615611w, 33.05 ft. to a_point; thence H16Q25'S6'`..
50.14 ft.-to a -point; thence hcrtheast_rly along th! arc
of t 522.56-ft. radius cur -re to"the right, haying a
chord bearing and distance of H23'45133'E, 133.39 fc-
to a point; thence H58'54'45'x, 20.0 ft. to a paint;
th}nce H31'05' 11"E, 59.67 -ft. to a point; there:
S5o'lb'35'E, 334.$0 ft. to a point; thence 537'05'3!'W,
270.0, f1Z.. to the point of bacinnin❑, containino'15,000
sq. for 1.7218 Acres mare or less.
Page 2 of 6
DECLARATION, PLAT AND RESTRICTIVE COVENANTS
EXHIBIT "A"
Lecal Description: Southeast Corner Ranch Driv_ and
Ranch Boulevard
PaR-
rt of the E_12, Section I4, i-2-H, j , Full -ski ,
County, krkznsas, more particularly described a�ie
Starting at the 5outhvest corner of Tract Lip on the
-Ranch, Little Rock; Arkansas,�said corner lying
Korth right-of-vay line of Ranch Drive; thence
So,'0812VE, •63.60 ft. to a point of the South richt-
-of-wzy line -of' said Ranch Drive; thence Horthk=_sterly
alona said South right -of -stay line, being the arc gT
.a .SQ7.46 :f t.- rzdius_curve to te hright having z chord
bearing and di 5 tance of H59' 59 % 29'sy, 279.82- f L. to
dz
.point;-thence-H43'S9'15`x'and continuing along 5
South right -of -Way line, 37.22 ft. to -the point of
beginning; thence 525'00`33'K, 547.14 ft. tQ a. point---
6n the Korth right-of-way line of Arkansa Stott Highway'
Ho. 1 10; thence Horthuesterly al vng said *Korth right--
of -stay line the following bearing and distancas:
H51'37107'l{, 135.9S ft.; H53'311535u, 74.70 ft.; y.
H60134124,,W, 413.61 ft. and HG9' 07' 54aW 103.53 t4
a. paint on the East right-of-way line of Ranch Blvd.;
thenct;Hortherly along said East right-of-M ling,
being the arc of a • 40 ft. radius curve.to the right
"hzYing a --chord be=_669 and distance of H0163111l'K,
2 iI ft. to a point; thende H19403116"E and cantinu
ing
aiOng :5aid EaStLright-of-way line 173.69 ft to a
Point.,' thence. Fortheasterly and continuing along said
East- right -of -Way line, being the arc of 13c2.35 ft-
radius curve to the right, having a chord bearing and
distance of H25'001335E, 286.82 ft. to a point; thence
N 30'57'49"E and continuing along said East right-of-v'-y
line, 124.59 ft. to a point; the Northea5%. and
continuing along said East right-of-way line, being tea
arc of a 527.46 ft. radius curve to tht left, hzvinc a
chord bearing and distance of H26650141'E, 75.78 fL. tG a
point; thence Kortheasterly and continuing zlong szid
East right-ofvay l ine_baing.the .arc of a 25 ft. red ius
c'JrYe'to the C€ght, ;having a chord bearing and
i5tar,ce:af:it5d'41'•06'c; 36-_ft. to z point on the
South: right=of-uaY line— of Ranch Drive; thence
Southeesterly along said South right-of-vzy line, being_
the arc of a 542.96 ft. radius curve to the right,
having z chord bearing and distance Df 554'34'11't, I
199.46 ft. to a point; thence S43'59'15"E and con- ;
tinuinc zlong 5aid.5outh right-of-way line, 551.94 ft.
to the point of beginning, containing 471,654 sq ft. or
10.8277 Acres more or less.
Page 3 of 6
DECLARATION, PLAT AND RESTRICTIVE COVENANTS
EXHIBIT `W'
Leezl Description: Southwest- Corner of Ranch Drive
and Ranch Boulevard
Part of the H112, SETA and the 5112, NEI14, Section i
14, T-Z-H, R-14-W, pulasM .County, Arkansas, more par-
ticularly described as: Beginning at the intersection
of the least right-of-waY line of Tire Ranch Blvd. and
the Korth right -Ole -way line, of -Arkansas state hiohk`Zy
No: 10; .,mince H69 degrees 03' 15'K along said ?forth
right-of-way line, 97.94 ft. to point; thence HSI
-degraes 12139'W and continuino.along said Horth right-
of-way line 192.51 ft to a point; thence.H73 degrees
431521W and continuing-along:said North right-of-way
line, 245.14 ft-'to a point; thence H2.1 degrees 33115`E, 885.29 ft. to a point; thence S49 degrees
.19'37'E, 189.72 ft to a point; thence' Southeast=-rly-'
along the arc of a.984.93 ft. radius curve..:to.-the
left, having a chord bearing and distance of S60
degre_s14'561E, 371.36 ft. to a point; thence
5outheasterly along the arc of : a 25 ft. radius curve
to the right, having a chord_bearing and distance of
S23-dearees 27'OS`E, 36.89 ft. to a point of the West
right-of:way line of said The Ranch.Blvd.; thence
-Southwesterly along said Yest.right-of-way line being_
..Lh-e -arc of a 427.46 ft. -radius* cu rye to the righ,,
having a chord bearing and distance of 527 degra=-
31'2S'W, 51.28' ft.. to a point; thence 530 degre=s
57'49'`<{ and .continuing along said Nest right-of-vEY
line, 124.59 ft to a point; thence Southwesterly and
continuing along said Kest right-of-way line being the
arc of a 1482.39 ft. radius curve to the left hiving a
chord be_rina and distance of S25 degrees 00133N,
307.57 ft to a point; thence 519 degrees 03'16'k and
continuing along said Kest right-of-way line 175.23 ft
to a point; thence Southwesterly and continuing zlona
said k:st right-of-way 1 ine, being the arc of 40 ft.
radius cure_ to the right, having a chord bearing End
distance of 534.degrees:581.35`.W,-.::21.S5 ft to the point
of: be -Inning, .containing.:417--,891 sq. f t. or a.5935
Acres more or less.
U
Page 4 of 6
DECLARATION, PLAT AND RESTRICTIVE COVENANTS
EXHIBIT "R"
Leal Description: Northwest Corner of Rench Drive ;
and Ranch Boulevard -.-
Part- of the E112, Section 14,* T-2-N, R-144, PLlaski County,
Arkansas, nor? -particularly- described as: Starting at the
xrthe_st cdrner.of the PYN, SW,.Section 13, i-2-H,
thence 50451140'u, along the East line of said WK Iskx,
1321.0 ; t. to the southeast carrier thereof; thence
SG401115`E, alone the east line of the SWS►,Sk=, said 5ectiar�
13, -12 .45 ft. to a paint on the North right-of-M line of
Arkansas State Highway No. 10; thence northwesterly along
-said North--right-of-Way linz_beine the, arc of a 13Ec.41 ft.
radius curve to the right, having a chord ba2ring and
Bistznce -of H67'15'15"_W, 682.08 -ft. -to a point; thenc'-
N52°58'15`X and continuing along said North right -a. -key
line,'; 1495:51. ft.= to .a point;. thence northwesterly and
tonkinuing along':said North -right-of-rw�y-lina, Safd line also
being: the arc of-?-' 1959.86 ft. radius curve to the WL _..
having a chord nearing and distance of 863'21'0411, 706.23
ft. to e. point;' thence H7384315-29x and continuing along said
-North right-o;-W=y:line, 9.43 ft.. to a point;'thence
northeasterly_along the arc of a 40 ft. radius curvz to the
le;t', having z chord bearing and distance of 862439143`E,
57.77 ft.. to a point; thence_ N19'03' 16'E, 175.23 ft. to a
point,' -thence northeasterly along the arc of a 1482.39 ft-
r�di= cuj4fto the°right, haying a chard bearing and
distznr-ro1-N25'00'33`e, 307.EiTft.- to a point; thence
H:0'57`49'r;_-12=.59.ft. to z paint; thence northelstarly
?Iona the. arc .of a 427.46 ft. radius curve to the left,
raving � chord bearing and distance of N23'39146'c, 108.65
ft, to a point; thence H16425'561E, 56.35 ft. to the point of.
be?inning; thence southvesterly along the arc of a 25 ft.
radius curve to the right, having. a chord bearing and-
distancs of 562'47'49'k',' 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
H60'15'25`k', 347.34 ft. to a point.; thence 1149'19'3r`',
b:=-94t.-tg.z:paint.- thence_NorthxPs.terly alarg th°-. arc of
z_ 379425_rt. _radius •curve to -the--right; haying a chord
beating _and-d t s tznce :o f•:h27 720 `5I `K, 252:44 f t. t4 a.
point; thence'N79°49' 11'c; -508.85 :Yt, to a point; thence
S45'311470E, 34'g.43 ft. to a point; thence 531'26'56'E, 611-77
Q. to z point; thence southwesterly along . the arc of a
E22.96 ft. radius curve to the left, haying a chord bearing
End distance of S23'45'33'S1, 158.T2 ft-. to -a point, }fiance
516*30' 13'x, 43.65 ft. to the point of beginning, containir.c
_C3_,455 sq,.- ft. or 11.14415 acres more or less.
f
Page 5 of 6
DECLARATION, PLA-T AND RESTRICTIVE COVENANTS
EXHIBIT "A"
E,kST 17 ACRES OF —MACT 8
RkRT OF THE E i /2 OF SECTION 14 MO PAPT CF TM WI/2 OF SECTIOK t 3,
T-2-N, R--t 4-j►. pV,�S7ci COUN!Y. ARKAN-S S, MORE PM ncuLAALY
OES:.MEEO AS FOLLOWS:
oEGliiallNC AT Trii: Ir[TEr�ScC�10td CF T:�� h[pF?>�i RIGrr-GF-WA( Ul"IE OF
AnKANSAS 5%Tr Ft'� # I0 ANO THE Y[ZST RIGHT-OF-WAY L]KE OF F.A�`ICf� 011vc: TKL-iC= H3i'02'15'`P! ALOHG SAID NOR-71•i P!C' —r-GF -Wly U, —
IP �.: it [ENCE N5-Y 0:'30'W A�` O CONTINUING ALONG S,•jC NCP"F'
rG
FIGHT -OF -WAY UNE. .320.1 6 i .: i"HE [CS ?� 6v' 4 i ' t ur W P��tp CGr [Tlc, l l
ALONG �=]i] t iORl� i E<IG> IT-GF-N�; UNE. S?.21, F T.: TEEKCiE ►u5 i'2C' t l"5Y
,".ttG CGyi[tsLlit�G ALONG {i0 NOPTH' RIG1iT-CF-WAY UKE. 20C.C� FT.;
THENCE F1i5'57'Sa',8 &%Io CGi•1"fIHUING ALONG SAI11 tlOi:krl F3Ghk--Or-,�IAY LINE'.
3S I,;O Fi,; i�G�iCE 1`[Z6 40'5Tc E. 545.52 FT. TO A POINT ON THE 50U1i
FZIC�-OF-Yb%Y LINE OF RANCH Orivr: " rr{ENC F SDI F 1='G� I+E RLOt�G SAIL
sochri my iT-OF—WAY U4E. =7'.22 F <•.• ice' tCE SOUiY.E,.Lc � EztY AN0
CCrIT4`[L ItIG ALGt� c �G SOU-1 i RICKT--Or -'e4AY 1:!NZ E��O TME C15 N . A
50I.45 Fi. i'41OtUS CLt[ r_.TQ Tar- LEFT, A CI;OP.O icARL'4G �3=� ICI=k:,�'i�F OF �_ . .:� ; _;:.�•.
S6i {� 1 i F. 5.45.E3 r [.:. THENCE SZ-71 Z'5� E• Aa40 Cc.,4-r�'iu4mc ALONG A.O 50L kr.
RjGi-a"T-OF-w► . uNE 200•'a0 FT.'. TliE,tCE S0uTHFAS"i=...RLY �Ll SAIDCL� 1 1G
W:Si PJGFr-CF--'ffAt LINE. Ec NG T--%Z A%C OF A 420-00AFT. FADIUS 7Si.tQ R
THE RIGHT, A ViORD 56kNNG A+� DISrMCc -OF 52W ST FJGK-i
. -OF—WAY
Th'F {CE 53�'GO'58"W 1�No CON NUIN 1LAL CCti•ITii[LI'It�G ALONG SA O WEST �TNE, r
351-53 FT.; T14ZNCE SOUTM -EST RL _ -
FcMT-OF- KAY uNE. EE'.HG .T VE ARC OF .t 4.0.00 FT. RADIUS CLR\ - _'i O .`IBC _
FIGHT, A CH EF-3,RING A e40 DISTANCE OF S4.i-WO2'W. 13.i7 FT- 10 - r,
GONNJ KING 17.03 ACRES' MO6E OR Leas•
Ti c F�GI1%i AF-Ec.MN, RING -
v
Doc# 2003098291
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, ARyANSAS; THENCE S01�39'04"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 N84o45103"W ALONG THE NORTH LINE OF
SAID LOT 1, TRACT A, 128.40 FT.; THENCE S55023'43"W CONTINUING
ALONG SAID NORTH LINE, 96.12 FT.; THENCE S15o32'29"W ALONG THE WEST
LINE OF SAID LOT 1, TRACT A, 115.40 FT. TO A POINT_ON.THE NORTH
RIGHT-OF-WAY LINE OF ARKANSAS STATE HWY *10; THENCE N76006147"W
ALONG SAID NORTH RIGHT-OF-WAY LINE, 61,28 FT.; THENCE N651008'51"W
CONTINUING ALONG .SAID NORTH RIGHT-OF-WAY LINE, 33I:88-.FT.;-,.THENCE
w'
N511019' 41"W CONTINUING ALONG SAID - NORTH RIGHT-OF-WAY LINEr —:133 :77 .
FT . ; THENCE NORTHWESTERLY CONTINUING ALONG SAID NORTH :RIGHTtOF-WAY
LINE, BEING THE ARC OF A 40.00 FT. RADIUS CURVE TO THE`rzA
CHORD BEARING AND DISTANCE OF N081,39' 21 "W, 54.22 FT.
THE EAST RIGHT-OF-WAY LINE OF RANCH DRIVE; THENCE N34Q00 f 58 "E..ALONG ' .
SAID EAST RIGHT-OF-WAY LINE,' 3 62.0 6 FT . ; THENCE NORTHEASTERLY~; AND
CONTINUING. ALONG SAID EAST RIGHT-OF-WAY- LINE; BEING:. THE ARC OF A ,
480.00-'FT. TRATSIUS CURVE TO THE LEFT, . A CHORD .BEARING =jsNDI iISTANCE'=
OF N17°48' 23 "E, 267.98 FT. TO THE POINT - OF.-BEGINNIING; _':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 sgixare feet more - or less.
-z 1 :Wla Dnrlt
Civil
��i •••.•••••...__.. 701 West Markham
impartment of Little Rock, Arkansas 72201-1300
Public Works 371-4811 Fax 371-4460
cJ/ D
CIVIL ENGINEERING RESPONSE
THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS
HAVE BEEN SATISFIED, APPROVAL FOR FILING OF THIS PLAT
CAN
7-44 cT
BE ISSUED rh s NCA L a S
SIGNED BY ENGINEER
SIGNED BY SURVEYOR
SIGNED BY 911 ADDRESS COORDINATOR
DXF. DISKETTE PLAT IN
DXF DISKETTE STORM DRAIN N« O
REMARKS
Division
City of Little Rock
Planning and Development
Filing Fees
Date: Q L It, 20 p
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 ea.
Public Hearing Signs
Number at ea.
Total
File No.
Location{jam cat
Applica By