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HomeMy WebLinkAboutS-0285-GG ApplicationTHIS INSTRUMENT PREPARED BY: HAL JOSEPH KEMP, P. A. ATTORNEY AT LAW SUITE 1300, 111 CENTER STREET LITTLE ROCK, ARKANSAS 72201 (501) 372-7243 URT 2004005313 01/20/2004 09:16:03 AN Filed & Recorded in Official Records of CAROLYN STALEY PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $35.00 BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, RANCH PROPERTIES, INC., an Arkansas corporation, hereinafter referred to as the "Allottor", is the owner of the following described real property situated in the County of Pulaski and State of Arkansas, to -wit: Part of the E1/2, Section 14, T-2 N, R-14-W, Pulaski County, Arkansas more particularly described as follows: Beginning at the Northwest Corner of Lot 5, Tract F, The Ranch, an Addition to the City of Little Rock, Arkansas; thence North 44 degrees 54 minutes 45 seconds East, 143.11 feet; thence South 45 degrees 05 minutes 10 seconds East, 190.96 feet to the Northwest Corner of Lot 4, Tract F, The Ranch; thence South 42 degrees 05 minutes 46 seconds West along the East line of said Lot 4, 143.27 feet to the Southeast Corner of said Lot 5, Tract F; thence North 45 degrees 05 minutes 15 seconds West along the North Line of said Lot 5, 198.00 feet to the point of beginning, to be known as Lot 6, Tract F, The Ranch, an addition to the City of Little Rock, Arkansas -I- FINAL amendedTractF1990Deddoc Bill of Assurance WHEREAS, Allottor desires to plat and subdivide the real property just above described into a lot as shown on the Plat hereinafter referred to. NOW THEREFORE, WITNESSETH: That the said Allottor, for and in consideration of the benefits to accrue to it and its successors and assigns, which benefits it acknowledges to be of value, has caused the Real Property just above 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 6 - SLR 3 and the Allottor does hereby make this Bill of Assurance. IN FIIRTHERANCE THEREOF, Allottor warrants and represents that it has laid off, platted and subdivided, and does hereby lay off, plat and subdivide the Real Property just above described, in accordance with the aforesaid plat. The Real Property just above described and embraced in said Plat shall be forever known as: Lot 6, Tract F, The Ranch, an Addition to the City of Little Rock, Pulaski County, Arkansas; and any and every deed of conveyance of any said lot 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 Lot or 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. 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 -2- FINAL an rnde dTractF 1990Dec1. doc Bill of Assurance Allottor hereby 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. 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 utility and drainage easements shown on the Plat as well as the Private Access Easements as shown on the Plat. The Lot platted hereby 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 together with the following provisions; each of which and all of which shall be covenants running with the said Lot, and the same shall be binding upon all owners and their respective heirs, successors and assigns, in order to maintain the Lot as desirable, to -wit: ARTICLE I MAXEM[UM BUILDING SIZE AND SLOPED ROOF No building shall be constructed, erected, placed, altered, reerected or permitted to remain on or upon any lot platted hereby unless the square footage of the finished heated and cooled living area thereof, exclusive of porches, patios, garages, breezeways, exterior stairways, porte cocheres, storage areas and outbuildings, is equal to or less than thirty-two (32%) per cent of the square footage of area of the Lot upon which the building is to be constructed. Finished heated living area shall be measured in a horizontal plane to the face of the outside wall on each level. Additionally, no building shall be constructed, erected, placed, altered, reerected or permitted to remain on or upon any lot platted hereby unless such building is constructed with a sloped roof and same is roofed with architectural shingles. -3- FINAL amendeffractF 1990Decl.doc Bill of Assurance ARTICLE II STREET ACCESS, DRIVEWAYS AND PRIVATE ACCESS EASEMENTS All driveways constructed on any lot platted hereby will be constructed at grades lowered or raised to meet street grades with culverts installed and maintained unobstructed. PROVIDED, FURTHER, private access easements for the lots platted hereby are shown on the Plat and such easements are hereby reserved to and for the use and benefit of the Allottor, its successors and assigns, and concurrently granted to the subsequent owners of the lots platted hereby as non-exclusive appurtenant easements to provide ingress/egress for vehicular and pedestrian traffic and for public utility services to the lots platted hereby as well as to provide ingress/egress for vehicular and pedestrian traffic and for public utility services, as appurtenant easements, to and from that portion of the following described lands, which lands Allottor in its sole discretion may hereafter subdivide and plat into one or more lots, to -wit: Part of EV2, Section 14, Township 2 North, Range 14 West, Pulaski County, Arkansas, more particularly described as: Beginning at the Southwest corner of Lot 1, Tract "F", The Ranch, an Addition to the City of Little Rock, Pulaski County, Arkansas, said corner lying on the northerly right of way line of Ranch Drive; thence Northwesterly along said northerly right of way line, being the arc of a 924.93 foot radius curve to the right, having a chord bearing and distance of North 47°40'23" West, 1.06 feet; thence North 47°45'55" West 204.61 feet; thence Northwesterly along the arc of a 686.20 foot radius curve to the right, having a chord bearing and distance of North 42°18'09" West 130.65 feet; thence North 36°50'24" West 91.16 feet; thence Northwesterly along the arc of a 507.46 foot radius curve to the left, having a chord bearing and distance of North 57015' 20" West 354.03 feet; thence North 11000'20" West 4.86 feet; thence Northerly along the arc of a 984.93 foot radius curve to the left, having a chord bearing and distance of North 08°35'08" East 83.17 feet; thence North 06°09'57" East 222.68 feet; thence North 81021'37" East 400.43 feet to a point on the westerly line of Tract "S", The Ranch; thence South 4°08'32" East along said westerly line, 270.86 feet; thence South 29°48' 12" East and continuing along said westerly line, 468.99 feet to the northern most corner of Lot 1, Tract F, The Ranch; thence South 61°05'31" West along the northwesterly line of said Lot 1, 173.85 feet; thence South 31°23'51" West and continuing along said northwesterly line 217.70 feet to the point of beginning. -4- FINAL amendedTractF 1990Ded.doc Bill of Assurance The Owner of each Lot, including the Owner of any lot if and when platted out of the lands just above described by metes and bounds description, served by the private access easement shall share equally in the cost of maintakiing and repairing the said private access easement. ARTICLE III PROPERTY LINES AND BOUNDARIES Iron pins have been set on all lot corners and points of curve, and all lot dimensions shown on curves are chord distances, and all curve data as shown on the Plat are centerline curve data. In the event of minor discrepancies between the dimensions or distances as shown on the Plat and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. ARTICLE IV SEPARABILITY Invalidation of any restriction or provision hereof, or any part hereof by an Order, Judgment or Decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions, or any part hereof, but they shall remain in full force and effect. EXECUTED this 19 'Q' day of A n fv ox,y , 2004. RANCH PROPERTIES, INC. BY: 4 fegw �i.i ' J i :il) C":u of Livu00 Q� i �tlw� Via�v i "LilfZc Nyi TITLE: cieYew;=f 27 C::_ ."-.a iaadiculs..l`.^ if.rx" LiMle Pock subdivision and zoning crdircnecs. ��L �13� City ofi Little Rock Pia ;nn Cemmissicn -5-- FINAL amendeffractF1990Dect doc Bill of Assurance ACKNOWLEDGMENT STATE OF ARKANSAS ) §§ COUNTY OF PULASKI ) BE IT REMEMBERED that on this day appeared before the undersigned, a Notary Public duly commissioned, qualified and acting within and for the County and State aforesaid, appeared in person the within named Edward K. Willis, being the person authorized by said corporation to execute such instrument, stating his respective capacity in that behalf, to me personally well known, who stated that he is the President of the RANCH PROPERTIES, INC. executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIM NY WHEREOF, I have hereunto set my hand and official seal this `1 day of a,11 L i-q v , 2004. G NOTARY 4BLIC (SEAL) My commission expires: BETTY COVINGTON Pulaski County Notary Public, Arkansas My Commission Expires June 30, 2008 la FINAL amendefractF1990Ded doc 2004005314 01/20/2004 09:16:04 AN Filed & RecoTded in Official Records of CAROLYN STALEY PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $74.90 ,•''� )Q RT sys THIS INSTRUMENT PREPARED BY HAL JOSEPH KEMP, P. A. ATTORNEY AT LAW SUITE 1300 111 CENTER STREET ul = o LITTLE ROCK, ARKANSAS 72201 (501) 372-7243 = '.Y� 'fit' AMENDMENT TO DECLARATION, PLAT AND RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS: This Amendment to Declaration, Plat and Restrictive Covenants is made and entered into by Ranch Properties, Inc., an Arkansas corporation (hereinafter referred to as "Ranch Properties", but also referred to herein from time to time as "Developer"), Financial Holdings of AR, Inc., an Arkansas corporation, hereinafter referred to as "FHA", and Duncan & Rainwater Properties, LLC, an Arkansas limited liability company, hereinafter referred to as "DRP". WHEREAS, Ranch Properties was on December 13, 1990 the owner of the real property more particularly described on Schedule "1" attached hereto and made a part hereof by this reference and hereinafter referred to as the "11.1445 Acre Tract"; and, WHEREAS, Ranch Properties did make, execute, deliver and file that certain Declaration, Plat and Restrictive Covenants, filed for record on the 13th day of December, 1990 and recorded as Instrument Number 90-67466 in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, hereinafter referred to as the "1990 Declaration", whereby Ranch Properties, as the owner of the 11.1445 -I- FINAL amendefractF 1990Decl.doc Amendment to Declaration, Plat and Restrictive Covenants Acre Tract more particularly described in Article I, Section 1.1 thereof, did impose and subject said lands with certain restrictive covenants and conditions; and, WHEREAS, the 1990 Declaration prescribed at Article VII, Section 7.2 thereof that the covenants, conditions, restrictions and reservations contained in the said 1990 Declaration may be modified and amended as to the lands therein described or any portion thereof with the consent of the owners of 60% of the area of said lands; and, WHEREAS, Ranch Properties, FHA and DRP collectively own as of the date hereof 60% or more of the 11.1445 Acre Tract and are desirous of making the modifications and amendments to the 1990 Declaration as are herein stated. NOW, THEREFORE, WITNESSETH: That Ranch Properties, FHA and DRP, for and in consideration of the benefits to accrue to them and their successors and assigns, which benefits they acknowledge to be of value, do hereby make, execute and deliver this Amendment to Declaration, Plat and Restrictive Covenants and thus do hereby amend and modify the 1990 Declaration as hereinafter set forth: Section 1. The 11.1445 Acre Tract, including but not limited to Lots 1 through 5, Tract F, The Ranch, An Addition to the City of Little Rock, Arkansas comprising a part thereof, shall be sold or conveyed and shall be purchased, acquired, owned, possessed, held and occupied subject to the covenants, restrictions, reservations, easements and provisions set forth in the 1990 Declaration as amended and modified hereby, each of which and all of which shall be covenants running with the lands comprising the 11.1445 Acre Tract, and shall be binding upon all owners and their respective heirs, successors and assigns, in order to maintain the lands above described as desirable property. Furthermore all terms and words defined in the 1990 Declaration shall retain the same meanings when used herein as were established therein except when the definition of a term or word is specifically changed, modified or amended hereby. -2- FINAL amendeffractF 1990Decl.doc Amendment to Declaration, Plat and Restrictive Covenants Section 2. Article II, Section 2.1(g) as stated in the 1990 Declaration be and hereby is amended and modified to be as follows: Common Maintenance Property Zone" shall mean and be the following real property more particularly on Exhibit "A" attached hereto and made a part hereof by this reference. The total area of which is 4,703,611 square feet, more or less, or 107.9801 acres, more or less. Section 3. Article III, Section 3.1 as stated in the 1990 Declaration be and same hereby is amended and modified to be as follows: The Property is hereby made subject to the conditions, covenants, restrictions and reservations set forth in the 1990 Declaration and herein, 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) provide for adequate and consistent development of the Property and (b) to provide for the construction of attractively designed permanent improvements appropriately located on the Property in order to achieve harmonious appearance and function. Section 4. Article VI, Section 6.4 as stated in the 1990 Declaration be and same hereby is amended and modified to be as follows: 6.4 Setbacks. No building shall be located, constructed, erected, placed, altered, reerected or permitted to remain on or upon any lot platted out of the 11.1445 Acre Tract hereby nearer to the front lot line than twenty-five (25') feet from the property line of that lot. No building shall be located, constructed, erected, placed, altered, reerected or permitted to remain on or upon any lot platted out of the 11.1445 Acre Tract nearer to the rear lot line or nearer to the side yard line thereof than fifteen (15) feet from the property line thereof. For the purposes of this paragraph, eaves, steps, balconies, and open porches shall be considered as a part of the building, but parking lots, sidewalks, open terraces or patios without roofs shall not be so considered. Section 5. Article VI, Section 6.10(d) as stated in the 1990 Declaration be and same hereby is amended and modified to be as follows: Article VI, Section 6.10(d) is hereby deleted and to the extent that there is a conflict between this provision and any -3- FINAL amende ff mctF 1990Ded doc Amendment to Declaration, Plat and Restrictive Covenants provision pertaining to Parking in any Declaration of Restrictive Covenants and Bill of Assurance or similar instrument platting Lots 3, 4 and 5, Tract F, The Ranch, An Addition to the City of Little Rock, Arkansas, this provision shall control. Section 6. Article VI, Section 6.13 as stated in the 1990 Declaration be and same hereby is amended and modified to be as follows: 6.13 Maintenance of Areas in Public Fights of Way. (a) The Owner or Owners of the 11.1445 Acre Tract and any part thereof 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 or as otherwise set by the Developer from time to time. 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 within 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 in its discretion to maintain the overall attractiveness of the Common Maintenance Property Zone, including but not limited to, maintaining attractive landscaping in the Public Areas, maintaining entranceways to the Common Maintenance Property Zone (including median areas, the white fence and the areas 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 areas of Parcels within the Common Maintenance Property Zone, except for the areas between the fence and Cantrell Road. 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 and remain the sole responsibility of the owner of the Parcel as if the property line extended to the curb, except for the areas between the fence and Cantrell Road which shall be mowed and maintained with the Common Maintenance Fund. (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 4,703,611 square feet. The payment by any Owner at the beginning of -4- FINAL amendedTractF 1990Deddoc Amendment to Declaration, Plat and Restrictive Covenants 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 (meaning Consumer Price Index, All Urban Wage Earners and Clerical Workers, All Items applicable to Little Rock, Arkansas (1982-84 = 100) published by the United States Department of Labor, Bureau of Labor Statistics, or a successor index thereto properly adjusted.) (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 which shall then be due and payable as an assessment as prescribed herein. This right of the Developer shall be limited to the landscaping and exterior housekeeping and shall not extend to any maintenance of buildings. (d) The Owner or Owners of the 11.1445 Acre Tract or any part thereof is deemed hereby, whether or not stated in any deed, to covenant and agree to pay to the Developer any annual assessments or charges or special assessments levied by the Developer pursuant to this Article VI from time to time and fin -her covenants and agrees that each annual and special assessment, together with interest, costs and reasonable attorneys fees, shall be a charge and lien on the applicable Parcel and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, cost, and reasonable attorneys fees, shall also be the personal obligation of the person or persons who was the Owner or Owners of the applicable Parcel at the time when the assessment fell due. Any assessment not paid within 30 days after the due date thereof as established and fixed by the Developer shall bear interest from the due date at the maximum lawful rate and the Developer may, upon such default, bring an action at law against the Owner or Owners personally obligated to pay the same, or foreclose the lien of the assessment against the applicable Parcel like foreclosure of a mortgage. The Owner may not waive or otherwise escape liability for the assessments herein provided by non-use of the common area. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. The sale or transfer of any tract 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. -5- FINAL amendeffractF MODeddoc Amendment to Declaration, Plat and Restrictive Covenants (e) To the extent that it is an Owner of a part or all of the 11.1445 Acre Tract, the Developer is responsible for timely payment of its pro rata share of the maintenance charge occasioned thereby. Section 7. Article VII Section 7.1 through 7.4, inclusive, as stated in the 1990 Declaration be and same hereby is amended and modified to be as follows: ARTICLE VII. Term Modificatio Enforcement and Assignments. 7.1 Term. The covenants, conditions, restrictions and reservations contained in the 1990 Declaration and 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. (a) Notwithstanding any provision, restriction or covenant set forth in the 1990 Declaration or herein contained to the contrary, any and all of the terms, conditions, covenants, provisions and restrictions set forth in Article II, Section 2.1(g) or Article VI, Section 6.13 of 1990 Declaration and Section 2 and Section 6 (subsection 6.13) hereof may be amended, modified, extended, changed or canceled, in whole or in part, by a written instrument signed and acknowledged solely by Ranch Properties, Inc., its successor or assign. (b) Except as prescribed by 7.2(a) above, the Owner or Owners of 60% or more in area of the 11.1445 Acre Tract, excluding public streets, may amend, modify, extend, change or cancel all or any of the terms, conditions, covenants, provisions and restrictions set forth in the 1990 Declaration or herein (Except those sections and provisions prescribed in 7.2(a) above that can only be amended by the Developer), but such an amendment, modification, extension, change or cancellation shall be effective only by a written instrument signed and acknowledged by said Owners and by the Developer, in its discretion. In any event, the provisions of any such instrument so executed shall be binding on the public froin and after the date it is duly tiled for record in Pulaski County, Arkansas. Eg FINAL amendedTractF1990Dec1. doc Amendment to Declaration, Plat and Restrictive Covenants 7.3 Right to Enforce. The terms, conditions restrictions, covenants and provisions set forth in the 1990 Declaration and herein set forth shall run with the 11.1445 Acre Tract and shall bind the present owner, their heirs, successors and assigns and any person, natural or artificial, hereinafter owning the same and each owner thereof 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 Ranch Properties or any Owner or Owners of the 11.1445 Acre Tract or any part thereof to enforce any of the covenants, conditions or restrictions hereby set forth at the time of its violation, shall, in no event, be deemed to be a waiver of the right to do so thereafter. 7.4 Assigment of Developer's Righis 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 assigrini.cnt, 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. Section 8. Article VIII, Section 8.1 to 8.5, inclusive, as stated in the 1990 Declaration be and same hereby is amended and modified to be as follows: ARTICLE VIII. Miscellaneous 8.1 No Waiver. All the terms, provisions, conditions, covenants, restrictions and reservations contained in this Amendment to Declaration, Plat and Restrictive Covenants shall be construed together, but if it shall at anytime be held that any one of said terms, provisions, conditions, covenants, restrictions and reservations or any part thereof, is or are invalid, or for any reason becomes unenforceable, no other terms, -7- FINAL amendeffractF 1990DecI. doc Amendment to Declaration, Plat and Restrictive Covenants provisions, 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 during the term of such Owner's ownership. 8.3 Benefits and Burdens. The terms and provisions contained herein shall bind and inure to the benefit of the Developer, and each and any Owner of the 11.1445 Acre Tract or any part thereof, and 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: Mr. Edward K. Willis Financial Centre Corporation P.O. Box 56350 Little Rock, AR 72215 8.5 Sin Iar 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. Section 9. Ranch Properties, FHA and DRP further declared that to the extent of any conflict, exception or discrepancy, whether actual, apparent or inferred, between the terms, provisions, covenants, conditions and restrictions of the 1990 Declaration and -8- FINAL amendeffractF 1990Dec1. doc Amendment to Declaration, Plat and Restrictive Covenants herein, the terms, provisions, covenants, conditions and restrictions herein contained shall control and govern the. continuing duties, responsibilities, rights, interest, privileges, estates and obligations of Ranch Properties, FHA, DRP and any Owner or Owners of the 11.1445 Acre Tract or any part thereof and their respective successors and assigns, and any person claiming any right, privilege or benefit by, through or under them. Otherwise, save and except to the extent modified and amended hereby, all other terms and provisions of the 1990 Declaration remain in full force and effect. Executed on the date set forth below. Ranch Properties, Inc. BY: CC Gam. TITLE: 1i1 e5; 0e,#j Financial Holdings of AR, Inc. BY: TITLE:�`r�_ Duncan & Rainwater Properties, LLC BY: ' TITLE: V •rIt Little Frooek sui:c�viv;c� ra gar!;cr „c.,, r Zo 10 q City/ c# s ±}!c Rcck Plamm:- r arr:missicn -9- FINAL am Wedirac1F1990Dec1.doc Amendment to Declaration, Plat and Restrictive Covenants ACKNOWLEDGMENT STATE OF ARKANSAS) )ss COUNTY OF PULASKI) BE IT REMEMBERED, That on this day came on before me, the undersigned, a Notary Public within and for the County aforesaid, duly commissioned and acting, personally appeared ED w. i,&3 r 1-1- is who acknowledged himself to be the Fftes i r)e „ of Ranch Properties, Inc., an Arkansas corporation, and that he, as such officer, being authorized so to do, executed the foregoing instrument, and stated that he had executed the same for the consideration and purposes therein mentioned and set forth, by signing the name of the corporation as such corporate officer. IN WITNESSETH WHEREOF, I have hereunto set my hand and seal on this 4 day of A mu ad ay , 2004. Notary Public MY COMMISSION EXPIRES: ,�UBLIG still FINAL amendeff actF1990Decl.doc Amendment to Declaration, Plat and Restrictive Covenants ACKNOWLEDGMENT STATE OF ARKANSAS) )ss COUNTY OF PULASKI) BE IT REMEMBERED, That on this day came on before me, the undersigned, a Notary Public within and for the County aforesaid, duly commissioned and acting, personally ap122WN�•rr C . Er ; r• 331-- , who acknowledged himself to bee . of Financial Holdings of AR, Inc., an Arkansas corporation, and that he, as such officer, being authorized so to do, executed the foregoing instrument, and stated that he had executed the same for the consideration and purposes therein mentioned and set forth, by signing the name of the corporation as such corporate officer. IN VvTMESSETH WHEREOF, I have hereunto set my hand and seal on this day of , 2004. Notary Public MY CONDA SMDN EXPIRES: ��N 01 PUB00 -11- FINAL amendedTractF1990Ded.doc Amendment to Declaration, Plat and Restrictive Covenants ACKNOWLEDGMENT STATE OF ARKANSAS) )ss COUNTY OF PULASKI) BE IT REMEMBERED, That on this day came on before me, the undersigned, a Notary Public within and for the Co ty aforesaid, duly commissioned and acting, personally appeare i a � � . who acknowledged himself to be the c_e of Duncan & Rainwater Properties, LLC, an Arkansas limited liability company, and that he, as such member/manager, being authorized so to do, executed the foregoing instrument, and stated that he had executed the same for the consideration and purposes therein mentioned and set forth, by signing the name of the company as such member/manager. IN WITNESSETH REOF, I have hereunto set my hand and seal on this day of _WTVu r L. 1 2004. 'Y] VoPVui MY CONVMSSION EXPIRES: EBETTY COVINGTON Pulaski County - tary Public, Arkansas mission Expires June 30, 2008 -12- FE',;AL amendedTractF 1990D ec1. d oc 2004005314 SCHEDULE 1 Fart of r;he E112, Section 14, T-•2-H, R-14-W, Pulaski County, Arkansas, r— re particularly described as: Starting at the northeast :orner of the tiWn, SSI';, Section 13, T-2-N, R-14-W; thence Su 5' 40"W, along the East line of said NW4 ,SW'.;, 1321.0 ft. co the southeast corner thereof; thence 50'01'16"E, along the east line of the Siv4,SW;a, said Section 13, 1238.45 ft. to a point on the North right-of-way line of Arkansas S`?-e Highway No. 10; thence north,mesterly along said North line being the arc_ of a 1382.4?. ft. radius c,:rve tc the right, having a chord bearirq and distance r-`-;;7'1511511W, E32.C8 ft. to a point; thence N52'7�8'15"'Y a7d continuing along said North right-of-way line, 149S.5: ft. to a point; thence northwesterly and continuing a'.._�)g said North right-of-way line, said line also being the a.-� of a 1959.S75) ft. radius curve to the left, hazing a c'_"c bearing and distance of N53'21'04"W, 706.23 ft. to a point; thence N73043152"W a;id continuing along said North right-of-way line, 9.43 ft. to a point; thence northeasterly along the arc of a 40 ft. radius curve to the left, having a chord bearing and distance of N62039143"E, 55.77 •ft. to a peint; thence N19"03'16"E, 175.23 ft. to a print; thence northeasterly along the arc of a 1482.39 ft. radius curve to the right, having a chord bearing and distance of h25'00'33"E, 307.57 ft. to a point; thence N30057'49"E, 124.59 ft. to a point; thence northeasterly along the arc of a 427.46 ft. radius curve to the left, having a chord bearing and distance of N23039146"E, 1C8.65 ft. to a point; thence N16'25'56"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 552°47'49"W, 36.17 ft. to a point; thence nortt;,we5terl}• along the arc of a 924.93 tt. radius curve to the right, ha•.'ing a chord bearing and distance of N60015'25"W, 347.34 ft. to a point; thence N49019137"W, E95.94 ft. to a point; thence Northwesterly along the arc of a 379.26 ft. radius curve to the right, having a chord bearing and distance of N27010'51"W, 282.44 ft. to a point; thence h79'49'14"E, 508.E5 ft. to a point; thence 5�5°n7'47"E, 346.43 ft. to a point; thence S31026156"E, 611.77 ft. to a point; thence southMesterly along the arc of a 622.96 ft. radius curve to the left, having a chord bearing and aistance cf S23345'33"W, 158.62 ft. to a point; thence 516030'i3"W, 43.65 ft. to the point of beginning, containing 435,455 sq. ft. or 11.1445 acres more or less 2004005314 THE RANCH TRACT H EXHIBIT "A" PART OF THE E'/z OF SECTION 14, T-2-N, R-14-W, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS: COM�NCENIG AT THE SOUTHWEST CORNER OF TRACT L, THE RANCH, LITTLE ROCK, AR.KANAS; THENCE NORTHEASTERLY ALONG THE NORTH RIGHT-OF-WAY LINE OF RANCH DRIVE, BEING THE ARC OF A 447.46 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N58043'22"W, 227.63 FT.; THENCE N43°59'15"W AND CONITNUING .ALONG SAID NORTH RIGHT-OF-WAY LINE, 582.29 FT. TO THE POINT OF BEGINNING, THENCE N43059' 15"W AND CONTINUING ALOND SAID NORTH RIGHT-OF-WAY LINE, 6.87 FT.; THENCE NORTHWESTERLY AND CONTINUING ALONG SAID RIGHT-OF-WAY LINE, BEING THE ARC OF A 602.96 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N55009'33E, 233.65 FT.; THENCE NORTHWESTERLY AND CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE, BEING THE ARC OF A 25.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N24°56'58"W, 33.05 FT. TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF RANCH BOULEVARD; THENCE N16°21'25"E ALONG SAID EAST RIGHT-OF-WAY LINE, 43.50 FT.; THENCE NORTHEASTERLY ALONG SAID EAST RIGHT- OF-WAY LINE, BEING THE ARC OF A 522.96 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N23°45'24"E, 133.15 FT.; THENCE N58°55'45"W AND CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE, 20.00 FT.; THENCE N31004' 15"E AND CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE, 50.00 FT.; THENCE S60°58' 12"E, 344.12 FT., THENCE S37°05'37"W, 273.53 FT. TO THE POINT OF BEGINMNG, CONTAINING 1.74 ACRES MORE OR LESS. ALGAL DESCRIPTION 2004005314 TRACT G, THE RANCH, LITTLE ROCK, ARKANSAS PLAT BOOK E, PAGE 450 EXHIBIT "A" Part of the E1/2 of Section 14 lying North of Arkansas State Highway No. 10, T-2—N, R-14—W, Pulaski County, Arkansas more particularly described as: Starting at the intersection of the North Right —of —Way line of Arkansas State Highway No. 10 and the West line of the E1 /2 of said Section 1 4; thence NO3 07'09" E along the said West line 1054.44 ft.; thence N88'56'42" E 10.0 ft. to the point of,.beg.inning; thence NO3* 07'09"E 748.05 ft. to a point; thence N87'35' 15"W, 10.00 ft. to a point; thence NO3"07'09"E, 20.02 ft. to a point; thence S8732'42"E, 1011.20 ft. to a point; thence S31'09'12" E 131 _40 ft. to a point on the West Right —of —Way line of Chenonceau Blvd.; thence Southwesterly along the said West Right--of--Way line of Chenonceau Blvd. and the arc of a 602.96 ft. radius curve to the left having a chord bearing and distance of S29'44'04'W, 482.87 ft.; thence S06'12'39"W along the said West Right —of —Way line of Chenonceau Blvd. 118.11 ft.; thence N88'37'13"W 381.10 ft.; thence Southwesterly along the arc of a 348.31 ft. radius curve to the left having a chord bearing and distance of S81'58'24"W 113.90 ft.; thence S72'35'08"W, 176.58 ft.; thence Southwesterly along the arc of a 288.31 ft. radius curve to the right having a chord bearing and distance of 580'45'01"W, 82.11 ft.; thence S88'56'42"W, 114.50 ft. to the point of beginning containing 658,553 sq. ft. or 15.1183 acres more or less. 2004005314 EXHIBIT "A" THE RANCH TRACT F PART OF THE El/2 OF SECTION 14, T-2-N, R-14-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS INCLUDING LOTS 1,2,3,4 AND 5 OF TRACT F, THE RANCH, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1, TRACT F, THE RANCH, SAID CORNER LYING ON THE WEST RIGHT-OF-WAY LINE OF RANCH BLVD.; THENCE SOUTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE BEING THE ARC OF A 622.96 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S25024'19"W, 158.62'; THENCE S18008'58"W CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, 43.65 FT.; THENCE SOUTHWESTERLY CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE BEING THE ARC OF A 25.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S64026'24"W, 36.17 FT. TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF RANCH DRIVE; THENCE NORTHWESTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING: (1) NORTHWESTERLY ALONG THE ARC OF A 924.93 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF NSS-23'06"W, 346.79 FT.; (2) N47044'13"W, 205.60 FT.; (3) NORTHWESTERLY ALONG THE ARC OF A 686.20 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N42020'04"W, 130.58 FT.; (4) N36048'07"W, 89.46 FT. AND (5) NORTHWESTERLY ALONG THE ARC OF A 497.46 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N45044'15"W, 163.29 FT.; THENCE S34041'53"W, 30.00 FT.; THENCE NORTHWESTERLY ALONG THE ARC OF A 477.46 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N66021'44"W, 185.56 FT. TO A POINT ON THE EAST RIGHT- OF-WAY LINE OF CHENONCEAU BLVD.; THENCE N11°03'02"E ALONG SAID EAST RIGHT-OF-WAY LINE 34.44 FT.; THENCE NORTHERLY CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE BEING THE ARC OF A 984.93 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N08037'50"E, 83.17 FT.; THENCE N06012'39"E CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE, 222.32 FT.; THENCE N81019'54"E, 400.05 FT. TO A POINT ON THE WEST LINE OF TRACT S, SAID THE RANCH; THENCE S45008'33"E ALONG SAID WEST LINE, 270.87 FT.; THENCE S29°48'12"E CONTINUING ALONG SAID WEST LINE, 757.99 FT. TO THE POINT OF BEGINNING, CONTAINING 11.7639 ACRES MORE OR LESS. G:\DATA\WP51\LEGALS\RANCH--TF.LEG TRACT E, (unrecorded) THE RANCH 2004005314 T��IBIT PART OF THE E1/2 OF SECTION 14., LYING NORTH OF ARKANSAS A E HWY. # 1 0, T-2—N, R— 1 4—W, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT—OF—WAY LINE OF ARKAASAS STATE HWY. # 10 AND THE WEST LINE OF THE E1 /2 OF SAID SECTION 14; THENCE NO3'07'09"E ALONG SAID WEST LINE, 1054.44 FT. TO THE SOUTHWEST CORNER OF TRACT G, THE RANCH; THENCE N88'56'42"E ALONG THE SOUTH LINE OF SAID TRACT G, 124.52 FT.; THENCE EASTERLY AND CONTINUING ALONG SAID SOUTH LINE BEING THE ARC OF A 288.31 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N80'45'01" E, 82.1 1 FT.; THENCE N72'35'08" E AND CONTINUING ALONG SAID SOUTH LINE, 176.58 FT.; THENCE EASTERLY AND CONTINUING ALONG SAID SOUTH LINE BEING THE ARC OF A 348.31 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N81'58'24" E, 113.90 FT.; THENCE N88'37' 13" E AND CONTINUING ALONG SAID SOUTH LINE, 381.10 FT. TO THE SOUTHEAST CORNER OF SAID TRACT G; THENCE S06'12'39"W ALONG THE WEST RIGHT—OF—WAY LINE OF CHENONCEAU BLVD. 187.21 FT.; THENCE SOUTHERLY AND CONTINUING ALONG SAID WEST RIGHT—OF—WAY LINE BEING THE ARC OF A 924.93 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S08'37'50"W, 78.11 FT.; THENCE S11'03'02"W AND CONTINUING ALONG SAID WEST RIGHT—OF—WAY LINE, 423.82 FT.; THENCE SOUTHERLY AND CONTINUING ALONG SAID WEST RIGHT—OF—WAY LINE BEING THE ARC OF A 984.93 FT, RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S06'45'02"W, 147.70 FT.; THENCE S02'27'01"W AND CONTINUING ALONG SAID WEST RIGHT—OF—WAY LINE 273.27 FT.; THENCE N87'32'59"W AND CONTINUING ALONG SAID WEST RIGHT—OF—WAY LINE, 20.00 FT.; THENCE SOUTHERLY AND CONTINUING ALONG SAID WEST RIGHT—OF—WAY LINE, BEING THE ARC OF A 904.93 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING 4ND DISTANCE OF S09'11'25"W, 212.41 FT.; THENCE S15'55'48"W AND CONTINUING ALONG SAID WEST RIGHT—OF—WAY LINE, 48.42 FT.; THENCE SOUTHWESTERLY AND CONTINUING ALONG SAID WEST RIGHT—OF—WAY LINE, BEING THE ARC OF A 40.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S61'54'20"W, 57.52 FT. TO A POINT ON THE SAID NORTH RIGHT—OF—WAY LINE OF ARKANSAS STATE HWY # 10; THENCE WESTERLY ALONG SAID NORTH RIGHT—OF—WAY THE FOLLOWING BEARINGS AND DISTANCES: N72'07'08" W, 37.19 FT.; N75'37' 14' W, 246.39 FT.; N72'03'23"W, 380.42 FT. AND N24'28'40" W, 70.00 FT. TO THE POINT OF BEGINNING, CONTAINING 1,020,040 S0. FT. OR 23.4169 ACRES MORE OR LESS. 2004005314 TRACT D-2 (unrecorded) THE RANCH EXHIBIT "A" PART OF THE E1/2 OF SECTION 14, LYING NORTH OF ARKANSAS STATE HWY. #10, T-2—N, R-14—W, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS: STARTING AT THE INTERSECTION OF THE NORTH RIGHT—OF—WAY LINE OF ARKANSAS STATE HWY. #10 AND THE EAST RIGHT—OF—WAY LINE OF CHENONCEAU BLVD.; THENCE NORTHWESTERLY ALONG SAID EAST RIGHT—OF—WAY LINE, BEING THE ARC OF A 40.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N26'04'29"W, 53.54 FT.; THENCE N15'55'48"E AND CONTINUING ALONG SAID EAST RIGHT—OF—WAY LINE, 58.86 FT.; THENCE NORTHERLY AND CONTINUING ALONG SAID EAST RIGHT— OF—WAY LINE, BEING THE ARC OF A 1004.93 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N09'11'25"E, 235.88 FT.; THENCE N8732'59"W AND CONTINUING ALONG SAID EAST RIGHT—OF—WAY LINE, 20.00 FT.; THENCE NO2'27'01" E AND CONTINUING ALONG SAID EAST RIGHT—OF—WAY LINE, 200.00 FT. TO THE POINT OF BEGINNING; THENCE NO2'27'01" E AND CONTINUING ALONG SAID EAST RIGHT—OF— WAY LINE, 75.64 FT.; THENCE NORTHEASTERLY AND CONTINUING ALONG SAID EAST RIGHT—OF—WAY LINE, BEING THE ARC OF A 924.93 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N06'45'02" E, 138.70 FT.; THENCE N 1 1'03'02" E AND CONTINUING ALONG SAID EAST RIGHT—OF—WAY LINE, 73.55 FT.; THENCE S78'56'58" E, 265.60 FT.; THENCE N50'40'52" E, 141.58 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 746.20 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S42'20'04'E, 141.93 FT.; THENCE S4744'21"E AND CONTINUING ALONG SAID SOUTH RIGHT—OF—WAY LINE, 207.19 FT.; THENCE SOUTHEASTERLY AND CONTINUING ALONG SAID SOUTH RIGHT—OF—WAY LINE, BEING THE ARC OF A 984.93 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S58`05'59" E, 353.37 FT.; THENCE SOUTHEASTERLY CONTINUING ALONG SAID SOUTH RIGHT—OF—WAY LINE BEING THE ARC OF A 40.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S20' 10'35" E, 59.69 FT. TO A POINT ON THE WEST RIGHT—OF—WAY LINE OF RANCH BLVD.; THENCE SOUTHWESTERLY ALONG SAID WEST RIGHT—OF—WAY LINE BEING THE ARC OF A 427.46 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S30'21'28"W, 33.96 FT.; THENCE S32'38'00"W AND CONTINUING ALONG SAID WEST RIGHT—OF—WAY LINE, 124.61 FT.; THENCE SOUTHWESTERLY CONTINUING ALONG SAID WEST RIGHT—OF—WAY LINE, BEING THE ARC OF A 1482.39 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S31'39'36"W, 50.40 FT.; THENCE N68'29'11"W, 927.03 FT. TO THE POINT OF BEGINNING, CONTAINING 7.29 ACRES MORE OR LESS. Iced C002 V0:vT :ZT 9 390 uow 3N0Z\313db1\H0NV'8\000Z\ :I 2004005314 EXHIBIT "A" TRACT D-1 (unrecorded) THE RANCH PART OF THE SE1 /4 OF SECTION 14, LYING NORTH OF ARKANSAS STATE HWY. #10, T-2—N, R-14—W, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT—OF—WAY LINE OF ARKANSAS STATE HWY. #10 AND THE EAST RIGHT—OF—WAY LINE OF CHENONCEAU BLVD.; THENCE NORTHWESTERLY ALONG SAID EAST RIGHT—OF—WAY LINE, BEING THE ARC OF A 40:00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N26'04'29"W, 53.54 FT.; THENCE N15'55'48"E AND CONTINUING ALONG SAID EAST RIGHT—OF—WAY LINE, 58.86 FT.; THENCE NORTHERLY AND CONTINUING ALONG SAID EAST RIGHT— OF—WAY LINE, BEING THE ARC OF A 1004.93 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N09'11'25"E, 235.88 FT.; THENCE N8732'59"W AND CONTINUING ALONG SAID EAST RIGHT—OF—WAY LINE, 20.00 FT.; THENCE NO2'27'01" E AND CONTINUING ALONG SAID EAST RIGHT—OF—WAY LINE, 200.00 FT.; THENCE S68'29'11"E, 927.03 FT. TO A POINT ON THE WEST RIGHT—OF—WAY LINE OF RANCH BLVD; THENCE SOUTHWESTERLY ALONG SAID WEST RIGHT—OF—WAY LINE, BEING THE ARC OF A 1482.39 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S25'42'18"W, 257.42 FT.; THENCE S20'45'29"W AND CONTINUING ALONG SAID WEST RIGHT—OF—WAY LINE, 175.19 FT.; THENCE SOUTHWESTERLY AND CONTINUING ALONG SAID WEST RIGHT—OF—WAY LINE, BEING THE ARC OF A 40.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S36'06'39"W, 22.18 FT. TO A POINT ON THE SAID NORTH RIGHT—OF—WAY LINE OF ARKANSAS STATE HWY. #10; THENCE WEST ALONG SAID NORTH RIGHT—OF—WAY LINE THE FOLLOWING: N67'35'40"W, 99.08 FT.; N79'31'30"W, 193.92 FT.; N72'03'38"W, 287.59 FT. AND N68'04'46"W, 149.54 FT. TO THE POINT OF BEGINNING, CONTAINING 401,470 SQ. FT. OR 9.2165 ACRES MORE OR LESS. nP C r :rT '7T n �n� 'H i\ i �� N \ n7\ .� ._d GCZ C5 c., 8 330 1,,A 'INC7_\31jyaI\Hilik Yd\CCLU\ 2004005314 EXHIBIT "A" THE RANCH TRACT D PART OF THE E1/2 OF SECTION 14, T-2-N, R-14-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS INCLUDING TRACT D-1, THE RANCH, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF ARKANSAS STATE HIGHWAY #10 AND THE WEST RIGHT-OF-WAY LINE OF RANCH BLVD.; THENCE NORTHWESTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING: (1) N67035'40"W, 99.08 FT.; (2) N79°25'43"W, 193.88 FT.; (3) N72003'38"W, 179.32 FT.; (4) N72052'53"E, 5.00 FT.; (5) N71058'17"W, 181.79 FT.; (6) N68004'46"W, 75.88 FT. AND (7) NORTHWESTERLY ALONG THE ARC OF A 40.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N26-04'29"W, 53.54 FT. TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF CHENONCEAU BLVD.; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE THE FOLLOWING: (1) N15°55'48"E, 58.86 FT.; (2) NORTHERLY ALONG THE ARC OF A 1004.93 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N09011'25"E, 235.88 FT.; (3) N87032'59"W, 20.00 FT.; (4) NO2027'01"E, 273.27 FT.; (5) NORTHERLY ALONG THE ARC OF A 924.93 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N06°45'02"E, 138.70 FT. AND (6) N11003'02"E, 388.73 FT.; THENCE SOUTHEASTERLY ALONG THE ARC OF A 477.46 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S66020'34"E, 185.24 FT.; THENCE S34041'53"W, 30.00 FT. TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF RANCH DRIVE; THENCE SOUTHEASTERLY ALONG SAID SOUTH RIGHT- OF-WAY LINE THE FOLLOWING: (1) SOUTHEASTERLY ALONG THE ARC OF A 447.46 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S46003'07"E, 143.85 FT.; (2) S36°48'07"W, 89.46 FT.; (3) SOUTHEASTERLY ALONG THE ARC OF A 746.20 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S42020'04"E, 141.93 FT.; (4) S47044'21"E, 207.19 FT.; (5) SOUTHEASTERLY ALONG THE ARC OF A 984.93 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S58005'59"E, 353.37 FT. AND (6) SOUTHEASTERLY ALONG THE ARC OF A 40.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S20010'35"E, 59.69 FT. TO A POINT ON THE SAID WEST RIGHT-OF-WAY LINE OF RANCH BLVD.; THENCE SOUTHWESTERLY ALONG SAID WEST RIGHT-OF- WAY LINE THE FOLLOWING: (1) SOUTHWESTERLY ALONG THE ARC OF A 427.46 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S30021'28"W, 33.96 FT.; (2) S32°38'00"W, 124.61 FT.; (3) SOUTHWESTERLY ALONG THE ARC OF A 1482.39 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S26°40'44"W, 307.60 FT.; (4) S20°45'29"W, 175.19 FT. AND (5) SOUTHWESTERLY ALONG THE ARC OF A 40.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S36006'39"W, 22.18 FT. TO THE POINT OF BEGINNING, CONTAINING 18.3603 ACRES MORE OR LESS. G:\DATA\WP51\LEGALS\RANCH-TD.LEG 2004005314 EXHIBIT "A" THE RANCH TRACT B PART OF THE SW1/4 OF SECTION 13 AND PART OF THE SE1/4 OF SECTION 14, T-2-N, R-14-W, LITTLE ROCK, PULASKI COUNTY, ARKPNSAS INCLUDING LOTS B-1R, B-2R, B-3R, 2-4R AND 3-5, THE RANCH AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF ARKANSAS STATE HIGHWAY #10 AND THE WEST RIGHT-OF-WAY LINE OF RANCH DRIVE, SAID POINT BEING THE SOUTHEAST CORNER OF SAID LOT 3-4R; THENCE NORTHWESTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING: (1) N32002'26"W, 18.27 FT.; (2) N53007'39"W, 320.16 FT.; (3) N68041'18"W, 67.05 FT.; (4) N51°20'11"W, 425.38 FT.; (5) N49058'06"W, 418.46 FT.; (6) N52033'14"W, 75.04 FT.; (7) N59010'16"W, 396.73 FT.; (8) N66049'28"W, 89.41 FT. AND (9) NORTHWESTERLY ALONG THE ARC OF A 40.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N23002'59"W, 55.35 FT. TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF RANCH BLVD.; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-WAY THE FOLLOWING: (1) N20°43'29"E, 163.26 FT.; (2) NORTHERLY ALONG THE ARC OF A 1382.39 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N26040'47"E, 286.82 FT.; (3) N32038'00"E, 124.61 FT.; (4) NORTHEASTERLY ALONG THE ARC OF A 527.46 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N28032'36"E, 75.13 FT. AND (5) NORTHEASTERLY ALONG THE ARC OF A 25.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N70033'17"E, 36.02 FT. TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF RANCH DRIVE; THENCE SOUTHEASTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING: (1) SOUTHEASTERLY ALONG THE ARC OF A 542.96 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S52050'57"E, 198.09 FT.; (2) S42020'08"E, 589.16 FT.; (3) SOUTHEASTERLY ALONG THE ARC OF A 507.46 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S62049'49"E, 354.63 FT.; (4) S83012'53"E, 200.02 FT.; (5) SOUTHEASTERLY ALONG THE ARC OF A 420.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S24035'56"E, 717.10 FT.; (6) S34000'58"W, 351.53 FT. AND (7) SOUTHWESTERLY ALONG THE ARC OF A 40.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S43°41'02"W, 13.47 FT. TO THE POINT OF BEGINNING, CONTAINING 27.7919 ACRES MORE OR LESS. G:\DATA\WP51\LEGALS\RANCH--TB.LEG 2004005314 EXHIBIT "A" Part of the SW1/4, SW1/4, Section 13, T-2-N, R-14-W, Pulaski County, Arkansas, more particularly described as: Starting at the Northeast corner of the SW1/4, SW1/4, said Section 13; thence S00001'16"E along the East line of said SW1/4, SW1/4, 953.53 ft. to the point of beginning; thence continuing S00°01'16"E along said East line 248.35 ft. to the North right-of-way line of Arkansas State Highway No. 10; thence continuing along said North right-of-way of Arkansas State Highway No. 10, S73°02'44"W, 65.72 ft. to a found highway marker; thence continuing along said North right-of-way being the arc of 1382.39 ft. radius curve to the right, having a chord bearing and distance of N77006'16"W, 96.02 to a found highway marker; thence continuing along said right-of- way, N50050'46"W, 137.89 to a found highway marker; thence N13052'09"E 115.40 ft.; thence along an arc of a 75 ft. radius curve to the right having a chord bearing and distance of N53043'23"E, 96.12 ft; thence S86°25'23"E, 158.46 ft. to the point of beginning, containing 59,591 sq. ft. or 1.3680 acres more or less. 2004005314 EXHIBIT "A" RANCH TRACT A LOTS 2, 3, 4 AND 5, TRACT A, THE RANCH, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4, THE RANCH; THENCE S88°03'37"E ALONG THE NORTH LINE OF SAID LOT 4 AND ALONG THE NORTH LINE OF LOT 5, SAID TRACT A, 446.43 FT. TO THE NORTHEAST CORNER OF SAID LOT 5; THENCE S01039'04"W ALONG THE EAST LINE OF SAID LOT 5, 677.79 FT. TO THE SOUTHEAST CORNER THEREOF; THENCE N84°45'03"W ALONG THE SOUTH LINE OF SAID LOT 5, 128.40 FT. TO A POINT ON THE EAST LINE OF LOT 3, SAID TRACT 1; THENCE SOUTHEASTERLY ALONG SAID EAST LINE BEING THE ARC OF A 75.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S55023'43"W, 96.12 FT.; THENCE S15032'2911W CONTINUING ALONG SAID EAST LINE, 115.40 FT. TO THE SOUTHEAST CORNER OF SAID LOT 3; THENCE N76°06'47"W ALONG THE SOUTH LINE OF SAID LOT 3, 61.28 FT.; THENCE N65°08'51"W CONTINUING ALONG SAID SOUTH LINE AND ALONG THE SOUTH LINE OF LOT 2, SAID TRACT A, 310.86 FT.; THENCE N51019'41"W CONTINUING ALONG THE SOUTH LINE OF SAID LOT 2, 154.59 FT.; THENCE NORTHWESTERLY CONTINUING ALONG SAID SOUTH LINE BEING THE ARC OF A 40.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N08039'21"W, 54.23 FT. TO A POINT ON THE WEST LINE OF SAID LOT 2, TRACT A; THENCE N34°00'58"E ALONG SAID WEST LINE AND ALONG THE WEST LINE OF LOT 5, SAID TRACT A, 357.05 FT.; THENCE NORTHERLY CONTINUING ALONG SAID WEST LINE AND ALONG THE WEST LINE OF SAID LOT 4, TRACT 1, BEING THE ARC OF A 480.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N17048'25"E, 267.97 FT. TO THE POINT OF BEGINNING CONTAINING 9.7888 ACRES MORE OR LESS. G:\DATA\WP51\LEGALS\RANCH--TA.LEG City of little Rock Civil En ineenn Division f Department of 701 West Markham Public Works lithe Rock, Arkansas 72201-1300 371-4811 Fax 371-4460 Cl-., /10 CIVIL ENGINEERING RESPONSE THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE BEEN SATISFIED. APPROVAL FOR FILING OF THIS PLAT CAN I, BE ISSUED 7he 4 NC- T��c F SIGNED BY ENGINEER `X SIGNED BY SURVEYOR SIGNED BY 911 ADDRESS COORDINATOR DXF_ DISKETTE PLAT DXF. DISKETTE STORM DRAIN REMARKS 49eh K rol City of Little Rock Planning and Development Filing Fees Date; '2 L , 20 OA Annexation $ Board of Adjustment $ Cond. Use Permit/T.U.P. $ Final Plat $ Planned Unit Dev. $ Preliminary Plat $ Special Use Permit $ Rezoning 0 y Site Plans Street Name Chia l ' Street Name Signs Number at $ Public Hearing Signs Number at ea. $ Total $ fr rl File No. Location Applicant By