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HomeMy WebLinkAboutS-0285-QQQ ApplicationCIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: R WEST OFFICE PARK LOT 2 & VALLEY RANCH COURT R/W DEDICATION INSPECTOR REPORT I have made a final inspection of the improvements and find that: All improvements shown on construction drawings for the development are constructed and in conformance with City requirements/standards. Cre n Improvements remain uncompleted and a punch list has been prepared and sent. 1 - /E ineering Specialist Date: ' �' df E� ADDRES ING SPECIALIST'S REPORT I have reviewed the plat and find that the street names and street configuration are acceptable. Addressing Specialist Date: TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. Work orders have been prepared for signage. Indicate the number of street signs ordered for this plat for billing to developer: Certain improvements remain uncompleted and a punch list has been prepared and sent. Traffic Engineer Date:_ CIVIL ENGINEER REPORT I have reviewed the file for this matter and find that: The maintenance bond has been submitted and it is the proper type and amount. Financial assurance for the uncompleted improvements listed above has been received. All other requirements for final plat approval have be5n satisfied. iviI Engineer I/II Date: SURVEYOR'S REPORT I have reviewed the plat and find that: All requirements for final plat approval have been satisfied. Surveyor Date:��/ 5 MANAGER APPROVAL , r July 2005 �' i 200v7068207 6E912/2005 01:53:11f Pr Filed & Recorded iri Official Records of PAT O'BRIEN PULASKI COUNTY CIRCUIT/COUt1TY CLERK Fees 62.00 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE (Ranch West Office Park) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, FC Grass Farms Partnership, an Arkansas general partnership, acting by and through its duly authorized and empowered General Partner, RLS Properties, Inc., an Arkansas corporation, hereinafter referred to as the "Allottor", is the owner of the following described land in the County of Pulaski, State of Arkansas, to - wit: PART OF THE W1/2 OF SECTION 14, T-2-N, R-14-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERNMOST CORNER OF LOT 1, RANCH WEST OFFICE PARK, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE N43°54' 13"E ALONG THE EAST RIGHT-OF- WAY LINE OF VALLEY RANCH DRIVE, 278.99 FT.; THENCE NORTHEASTERLY CONTINUING ALONG SAID EAST RIGHT-OF- WAY LINE BEING THE ARC OF 480.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N42021'36"E, 25.86 FT.; THENCE NORTHEASTERLY ALONG THE ARC OF A 40.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N81056'53"E, 52.62 FT.; THENCE S56°55'12"E, 48.05 FT; THENCE SOUTHEASTERLY ALONG THE ARC OF A 330.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S64053'42"E, 91.57 FT.; THENCE S03°13'39"W, 310.95 FT.; THENCE N86°46'21"W, 228.58 FT. TO THE NORTHEAST Declaration CORNER OF SAID LOT 1; THENCE N46°05'47W ALONG THE NORTHERLY LINE OF SAID LOT 1, 194.93 FT. TO THE POINT OF BEGINNING, CONTAINING 2.3032 ACRES MORE OR LESS. 001-01 VALLEY RANCH COURT R/W DEDICATION PART OF THE W'/2 OF SECTION 14, T-2-N, R-14-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHERNMOST CORNER OF LOT 1, RANCH WEST OFFICE PARK, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE N43°54' 13"E ALONG THE EAST RIGHT-OF-WAY LINE OF VALLEY RANCH DRIVE, 278.99 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 N42021'36"E, 25.86 FT. TO THE POINT OF BEGINNING; 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 N33004'48"E, 129.23 FT.; THENCE SOUTHEASTERLY ALONG THE ARC OF A 40.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S 15047' 18"E, 52.62 FT.; THENCE S56055' 12"E, 48.05 FT.; THENCE SOUTHEASTERLY ALONG THE ARC OF A 270.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S64053'42"E, 74.92 FT.; THENCE S17007'48"W, 60.00 FT.; THENCE NORTHWESTERLY ALONG THE ARC OF A 330.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N64053'42"W, 91.57 FT.; THENCE N56°55' 12"W, 48.05 FT.; THENCE WESTERLY ALONG THE ARC OF A 40.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S81056'53"W, 52.62 FT. TO THE POINT OF BEGINNING, CONTAINING 10,555 SQ. FT. OR 0.2423 ACRES MORE OR LESS. AND WHEREAS, it is desirable that all of the above described property be platted into various tracts, lots and streets. NOW THEREFORE, -2- Declaration 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 land hereinabove described to be surveyed and a plat (hereinafter referred to as the "Plat") made thereof by Paul M. White, a Professional Land Surveyor, License Number 1281, and Timothy E. Daters, a Professional Engineer, License Number 5033, said Plat bearing the signature of the said Surveyor and Engineer and being of record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, in Plat 1-1-141 j and the Allottor does hereby make this Declaration of Restrictive Covenants and Bill of Assurance. IN FURTHERANCE THEREOF, Allottor warrants and represents that it has laid off, platted and subdivided, and does hereby lay off, plat and subdivide the land herein described, in accordance with the aforesaid Plat. The land embraced in said Plat shall be forever known as: Lot 2, Ranch West Office Park, an Addition to the City of Little Rock, Pulaski County, Arkansas, as shown on the Plat; and any and every deed of conveyance of any lot or tract in said Addition describing the same by the tract, lot and block number shown on said Plat shall always be deemed a sufficient description thereof. Any word contained herein shall be read as the singular or the plural and as the masculine, feminine or neuter gender as may be applicable in the particular context. Furthermore the following words shall have the meanings attributed to them below: (i) "Addition' means Ranch West Office Park, an Addition to the City of Little Rock, Pulaski County, Arkansas as shown on the Plat and each subsequent lot, block and phase thereof as and when hereafter platted. (ii) "Common Area" means all real property and any improvements thereon which are or may be designated on the Plat or any subsequent plat of the Addition as a common area, which is or may be in the future reserved for the common use of the Allottor, its agents, employees, servants, invitees, guests, successors or assigns and any Owners, their agents, employees, servants, invitees or guests. -3- Declaration (iii) "Lot"or "lot" means any plot of land shown, identified and platted by and depicted on the Plat as a lot and any subsequently platted lot in the Addition, as and when the same is platted of record as a lot in the Addition. (iv) "Owner" means the record title holder, whether one or more, persons or entities (including the Allottor), of fee simple title to any Lot, but excluding any person or entity merely holding a lien on or security interest in a Lot. The Allottor hereby dedicates to the public forever an easement of way on and over the street rights -of -way as shown by said Plat, to be used as public streets. In addition to said street rights -of -way there are strips of ground shown and dimensioned on said Plat marked "Utility Easement", "Drainage Easement" or "Drainage and Utility Easement" or some variation thereof, which Allottor hereby donates and reserves for the use of and by the Allottor, any municipal corporation or other governmental or public agency, including public utilities, utility departments and providers in the provision of utilities to the Addition and to any lands now owned or hereafter acquired by the Allottor and for drainage purposes, subject at all times to the proper authorities and to the easements and restrictive covenants herein reserved. The filing of this Declaration of Restrictive Covenants and Bill of Assurance and Plat for record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of the street rights -of -way and the Drainage and Utility Easements shown on the said Plat. The streets shown on said Plat shall henceforth be known by the names designated on said Plat and same shall be of the length and width shown thereon; provided, however, the Allottor does hereby reserve unto the Allottor the right to any surplus dirt in said streets for Allottor's own use and benefit. All Owners of a Lot platted hereby, and all persons, natural and artificial, claiming an interest in any Lot platted hereby, shall take their titles subject to the grants, rights, easements, privileges and reservations herein contained, including but not limited to, the rights of the public and public utilities in and to the streets and easements shown on the Plat. The Lots in this Addition shall be sold or conveyed by the Allottor and shall be purchased, acquired, owned, possessed, held and occupied subject to the covenants, restrictions and provisions set forth above and as follows, each of which and all of which shall be covenants running with the said lands above described, and shall be binding upon any Owner and their respective heirs, successors and assigns, in order to maintain the lands above described as desirable property, to -wit: M Declaration ARTICLE I LAND USE All Lots shown on the Plat shall be held, owned and used only for those uses and purposes prescribed by the zoning classification applicable to the Lot from time to time pursuant to the Code Ordinances for the City of Little Rock (the, "Code") in effect from time to time, unless otherwise shown on the Plat. No buildings, structures or other improvements shall be erected, placed, altered, reerected or permitted to remain on or upon any Lot platted hereby other than in conformity with the applicable provisions of the Code and the provisions hereof, including in particular but not limited to the Design Standards as prescribed in Article II below. ARTICLE II ARCHITECTURAL CONTROL (a) Purpose. The Allottor is desirous of providing and maintaining harmony of external design and location in relation to the surrounding structures and topography and, for this purpose, herein creates an Architectural Control Committee which shall have the duties, obligations and responsibilities as hereinafter set forth. (b) Architectural Control Committee. The Architectural Control Committee (hereinafter "the Committee") shall initially consist of three members who shall be designated by the Allottor. Subsequent to the initial appointments, the Allottor shall appoint all replacement members of the Committee; provided, however, the Allottor may, at such time as it deems appropriate, delegate and assign its right to make future appointments as prescribed herein. Neither the Allottor, nor the Committee shall be liable in damage to any person submitting requests for approval or to any Owner within the Addition by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove, with regard to any request hereunder. All decisions of the Committee shall be by a majority vote of the members of the Committee. The identity of the members of the Committee and all replacement members thereof shall be disclosed by an instrument in recordable form executed by the Allottor. (c) Design Standards. It is the intention of the Allottor that the Addition be developed and maintained in a consistent and harmonious manner. In furtherance of and in keeping with that purpose, the Allottor has promulgated DESIGN STANDARDS (herein referred to as the "Design Standards", the same being incorporated herein by this reference), which depict the standards with respect to size, area, style (including a requirement that all roofs be sloping), height of building, lighting, irrigation, exterior color, types of building material, landscaping, and other similar and related matters and standards to which any proposed construction on a Lot must conform. The Design Standards as may be promulgated and amended from time to time shall be available for -5. Declaration inspection at the offices of the Allottor or such other location as is directed by the Allottor from time to time. (d) Requirements Before Construction. Prior to commencement of any proposed construction of a building, structure or other improvement upon any Lot or part of any Lot located within the Addition, the Owner of the Lot shall submit to the Committee, the following documentation with respect to any proposed construction, collectively referred to as the "Plans and Specifications", which said Plans and Specifications shall be prepared in conformity with the Design Standards then in effect, to -wit: (i) Plot or Site Plan accurately depicted the location of the proposed building, structure and improvements on the Lot in relation to the boundaries of the Lot, (ii) The complete Building Plans, including detailed Floor Plans, of the proposed building, structure or other improvement, (iii) Front, rear, right and left elevations of the proposed building, structure or other improvement, (iv) General Plan of Landscaping, (v) Specifications reflecting the choice of exterior building materials and color scheme of the proposed building, structure or other improvement, (vi) Such other documentation and plans as the Architectural Control Committee may request. No proposed construction shall be commenced and no building, structure or other improvements shall be erected, placed, altered, reerected or permitted to remain on or upon any Lot platted hereby until the Plans and Specifications have been approved in writing by the Committee or are deemed approved by the Committee has prescribed below. (e) For purposes hereof, the term "proposed construction" shall include, but shall not be limited to, new construction or reconstruction of a building, structure or other improvement, remodeling, adding to, repainting or modifying an existing building, structure or other improvement, including but not limited to, parking lots, installation of a fence or wall, the construction, remodeling, repainting or reconstruction of outbuildings or other accessory structures and installation of any exterior lighting or signage. The Committee shall review the documentation submitted. All documentation delivered to M Declaration the Architectural Control Committee shall become the property of the Committee and shall be retained as a permanent record. The Committee shall have 30 days from and after receipt of all of the required documentation, which receipt shall be in writing acknowledged by a member of the Committee, to approve or disapprove by majority vote, any aspect of the proposed construction as depicted in the Plans and Specifications. Any disapproval shall be in writing and shall specify in detail the basis for such disapproval and, as appropriate, modifications which, if made, will render the proposed construction as depicted in the Plans and Specifications acceptable. In the event that the Committee neither approves nor disapproves the proposed construction as depicted in the Plans and Specifications within 30 days of receipt of the hereinbefore described documentation, the proposed construction as depicted in the Plans and Specifications shall be deemed to be acceptable and this provision of this Declaration shall be deemed fully complied with and the construction may be commenced. Notwithstanding anything to the contrary herein contained, no proposed construction of any type or variety shall be commenced on any Lot and no building, structure or other improvements shall be erected, placed, altered, reerected or permitted to remain on or upon any Lot platted hereby until the Plans and Specifications have been approved in writing by the Committee or deemed approved by the Committee. Construction of any proposed construction approved by the Committee or deemed approved by the Committee shall, once commenced, be prosecuted diligently to completion no later than eighteen (18) months after commencement. (f) Compliance. Each Owner of a Lot covenants, as a covenant running with the land, and agrees to comply with the Design Standards in connection with any proposed construction and no building, structure or other improvement shall be erected, placed, altered, reerected or permitted to remain on or upon any Lot platted hereby except if such building, structure or other improvement is constructed, maintained and repaired in conformity with: (i) the Plans and Specifications as approved by the Committee or deemed approved and (ii) the provisions of this Declaration. ARTICLE III BUILDING LOCATION No building shall be located, constructed, erected, placed, altered, reerected or permitted to remain on or upon any Lot platted hereby nearer to the front lot line, rear lot line, interior lot line or side street line than the minimum building setback lines shown on the Plat, without the written consent of the Allottor, which consent may be withheld in the Allottor's sole discretion. For the purposes of this paragraph, balconies, open steps and open porches shall not be considered as a part of the building. -7- Declaration ARTICLE IV LOT SUBDIVISION No Lot platted hereby shall be subdivided or resubdivided or replatted without the written consent of the Allottor, which consent may be withheld in the Allottor's sole discretion. ARTICLE V EASEMENTS Easements on, over, under and across the streets and roads shown on the Plat filed herewith are hereby granted to the persons, firms or entities engaged in supplying utility services, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, cable, water and sewer, for the purpose of installing, maintaining, repairing and replacing such utility services. Likewise easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have herein been reserved on, over, under and across the Lots, said easements being of various widths, reference being hereby mane to the Plat filed herewith for a more specific description of width and location thereof As various utility facilities are underground, any alterations or lowering of the surface grade of the ground in any easement and the area immediately adjoining such easements is prohibited, if such alteration or lowering would result in there being less than 30 inches of clearance either vertically or horizontally between the surface grade and any underground utility facilities, including but not limited to, sewer, water, the underground electric cables and conductors supplying cable, digital, telephone and electric power service; and, as the electric distribution transformer stations and other service pedestals are located on surface grade, fills within the area of the said easements and upon the lands adjacent thereto which will damage or which will interfere with the installation, maintenance, operation and replacement of the cable, digital, electric and telephone cables, facilities and equipment, and the supplying of service from such equipment are also prohibited. No trees, incinerators, structures, buildings, pavement, or similar improvements shall be grown, built or maintained within the area of such utility easements, if the same shall interfere with use thereof. No excavations within the area of such easements for the erection of any fences or for any other purposes shall be made which would interfere with the installation, maintenance, repair and replacement of any utility service. In the event any such trees, incinerators, structures, buildings, fences, pavement or similar improvements shall be grown, built or maintained within the area of such easement, no utility will be liable for the destruction of same in the installation, maintenance, repair, or replacement of any utility service located within the area of such easement. In M Declaration ARTICLE VI UTILITIES The Owner of any Lot platted hereby shall install and maintain, in conformity with applicable code requirements and the Design Standards in effect from time to time, underground utility services, including, if available, electrical, water, cable and telephone service between the point of delivery of such utility service as located by the utility company and the point of use of such Owner. No individual water supply system or individual sewerage disposal system shall be permitted to be constructed or operated on any of the Lots platted hereby. No television dish, antennae or similar equipment shall be installed on any of the Lots platted hereby without the prior written consent of the Allottor. ARTICLE VII NUISANCES No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the owner of any Lot. Owner further agrees to keep unimproved lots free from trash, debris, and overgrown vegetation. If such does accumulate and Owner does not promptly remove such upon notification by Allottor, the Allottor shall have the right to perform such cleanup work as is necessary and Owner shall reimburse Allottor for the cost thereof. ARTICLE VIII PARKING AND STORAGE OF MOTOR HOMES, ETC. No motor homes, camper trailers, travel trailers, buses, utility trailers or boats and boat trailers shall be permitted to be parked, stored or remain upon any Lot, unless same is parked or stored and remains in a fully enclosed building. ARTICLE IX EXTERIOR MAINTENANCE All buildings, structures and other improvements constructed, erected and reerected on any Lot and all yards and landscaping thereon shall be maintained in a good state of repair, neat and attractive manner by the Owner thereof. The Owner's maintenance obligations shall include, but not be limited to, prompt removal of all litter, trash, refuse and waste, lawn mowing, tree and shrub pruning, watering, keeping exterior lighting and mechanical facilities in working order, keeping lawn and landscaped areas (including all areas between the lot lines and the curb lines of the streets and roads within the Addition) In Declaration alive and free of weeds and attractive, keeping parking areas and driveways in good repair, complying with all applicable governmental rules and regulations, repainting, and repairing exterior damages. All vacant lots shall be maintained by the Owner free and clear of debris, trash and weeds. Upon the failure of the Owner to maintain or landscape the grounds in accordance with the provisions hereof, the Allottor may, upon 30 days written notice to the Owner, cause the grass, weeds and vegetation to be cut, when, and as often as, in its judgment is necessary, or cause appropriate landscaping to be installed. Upon the failure of the Owner to maintain the exterior of any building or structure in good repair and appearance, the Allottor, in its discretion, may, upon 6 months written notice to the Owner, make repairs and improve the appearance of the building or structure in a reasonable and workmanlike manner. For purposes of performing such maintenance as may be required hereunder, the agents or employees of the Allottor shall have the right, after reasonable notice to the Owner, to enter upon any Lot at reasonable hours on any business day. Notwithstanding any contrary provision hereof, the Allottor may enforce the requirements of this subparagraph by litigation at law, or in equity, and the costs of such litigation including any attorney's fees, shall be paid by such Owner, and if more than one, such Owners shall be jointly and severally liable. The cost of any maintenance required under this Article shall be assessed to the Owner thereof, shall constitute a lien upon the Lot, and may be collected in accordance with the provisions of Article XI hereof. , ARTICLE X 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 XI ASSESSMENTS AND MAINTENANCE Each Owner of a Lot in the Addition by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to fully comply with this Declaration and, accordingly, to pay to the Allottor or its assignee such common area maintenance assessment (the, "Assessment") as is levied by the Allottor from time to time to be used by the Allottor or its assignee exclusively to pay for the operation, maintenance, repair and replacement of the Common Areas within the -10- Declaration Addition; PROVIDED, HOWEVER, in no event shall such assessment for a Lot in any one year exceed $.02 (two cents) times the total number of square feet comprising the Lot, adjusted annually for inflation from December 31, 2004 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). The Assessment, together with interest, costs and reasonable attorney's fees, shall be a charge on the Lots in the Addition and shall be a continuing lien upon the property against which each such assessment is made and not paid. Each Assessment, together with interest, cost, and reasonable attorney's fees, shall also be the personal obligation of the person or persons who was the Owner or Owners of such Lot at the time when the assessment fell due, The initial annual assessment which may be collected monthly, shall be fixed by the Allottor to commence at such time or times as shall be determined by Allottor. The Assessment shall be uniform for all non- exempt Lots within the Addition. The Assessment, once levied, shall commence as to each non-exempt Lot upon the first day of the month following the date of sale by the Allottor of each such Lot and shall be adjusted according to the number of months remaining in the calendar year and the amount thereof shall be pro -rated. Thereafter the Allottor shall fix the amount of the Assessment against each non-exempt Lot at least 30 days in advance of each annual assessment period with written notice of the Assessment shall be sent to every Owner subject thereto. The due date shall be established by the Allottor. The Allottor shall, upon request, furnish a certificate signed by the Allottor setting forth whether the Assessments on a specified Lot have been paid. Any Assessment not paid within 30 days after the due date thereof as established and fixed by the Allottor shall bear interest from the due date at the maximum lawful rate. The Allottor 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 Lot. The Owner may not waive or otherwise escape liability for the assessments herein provided by non-use of the common area or abandonment of his Lot. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. The sale or transfer of any Lot 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. ARTICLE XII ADDITIONAL PROPERTY (a) If Allottor owns or acquires additional lands, which the Allottor desires in its sole discretion to develop in a fashion generally consistent with the development of the hereinbefore described lands, hereinafter referred to as the "Additional Lands"; then the Allottor, in its sole discretion, shall have to right, but not the obligation, to annex said -11- Declaration Additional Lands to this Addition and cause the same to be governed by covenants similar to the covenants herein set forth. (b) Annexation to the Addition of the Additional Lands by the Allottor, from time to time, may be made by filing of record a Declaration of Restrictive Covenants and Bill of Assurance adding and annexing the Additional Lands therein described to the Addition by simply stating that said Additional Lands as therein described are platted as part of the Addition and are subject thereby to covenants similar to the covenants herein set forth and to the extent thereof. (c) UNDER NO CIRCUMSTANCES shall this Declaration of Restrictive Covenants and Bill of Assurance or any subsequent annexation or addition to this Addition bind or require the Allottor to make any annexation or addition to this Addition or to adhere to any development plan, regardless of how that development plan is published or presented, in any subsequent development of any lands now owned or hereafter acquired by the Allottor. Ivor shall the Allottor be precluded from conveying any lands it now owns or hereafter acquires, not expressly made subject to the terms and provisions hereof, free and clear of not only the terms, provisions and covenants herein contained but any similar covenants or restrictions. (d) Except as herein allowed, there shall be no other annexation or addition of lands into the Addition without the prior written consent of the Allottor. ARTICLE XIII RIGHT TO ENFORCE The restrictions, covenants and provisions herein set forth shall run with the Lots in the Addition and shall bind the present owner, their heirs, successors and assigns and any person, natural or artificial, hereinafter owning any Lot in the Addition. Allottor and any Owner of any Lot in the Addition 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 any Lot in the Addition to enforce any of the 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. ARTICLE XIV MODIFICATION OF DECLARATION Notwithstanding any provision, restriction or covenant herein contained to the contrary, the Allottor may, in its sole discretion, acting alone and without securing the consent or approval of the other Owners, amend, modify, change, alter, extend or cancel, -12- Declaration in whole or in part, any and all of the terms, conditions, covenants, provisions and restrictions hereof, by a written instrument signed solely by the Allottor and filed of record. Alternatively, Owners, owing at least 51% of the Lots in the Addition as then platted, may by a written instrument amend, modify, extend, change or cancel, in whole or in part, any and all of the terms, conditions, covenants, provisions and restrictions hereof, 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 regardless of whether or not Allottor owns any Lot in the Addition, such approval to be in the sole discretion of the 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. Each term, condition, covenant, restriction and provision in this Bill of Assurance, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2040. ARTICLE XXII ASSIGNMENT AND BINDING EFFECT Allottor expressly reserves the right to assign in writing the Allottor's rights and obligations hereunder to another person, natural or artificial; provided, however, such other person shall only succeed to the rights and obligations of the Allottor upon recordation of such an assignment executed by the Allottor which expressly and specifically assigns the Allottor's rights and obligations hereunder and a conveyance of the land platted hereby will not be deemed such an assignment to the purchaser thereof. ARTICLE XXIII EXTENSION All covenants for which extension is not otherwise provided in this instrument shall automatically be extended for successive periods of ten (10) years each, unless modified, terminated or canceled as provided herein. ARTICLE XXIV SEPARABILITY Invalidation of any restriction set forth herein, or any part thereof by an Order, Judgment or Decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions, or any part thereof as set forth herein, but they shall remain in full force and effect. -13- Declaration EXECUTED this 11 day of C_4.:� < �, 2005. FC Grass Farms Partnership, an Arkansas General Partnership, BY: RLS Properties, Inc., an Arkansas Corporation, General Partner: BY: -a t TITLE: President Reviewed only for inclusion of minimum standard's required by the City cf UMS R=% subdivisiu,i rnulalior oa Bill of Rssuran p;ovl:30 ,c e-'alifthed by t:m developer may exc.:Cd r, �? , U,� re iaiicr�, cf t;za Ljoje Rock sulxivision and caning ardinarce;. 4J.WTry-- ' z p � City of ' le Rock Planning Commission -14- Declaration ACKNOWLEDGMENT STATE OF ARKANSAS ) §§ COUNTY OF PULASKI ) On this 1 ��'� day of (:�,,�,��-z� 2005, before me a Notary Public, duly commissioned, qualified and acting, within and for the County and State aforesaid, appeared in person the within named }7 �� , L. i.: l to me personally well known, who stated that he was the ; of the RLS Properties, Inc., an Arkansas corporation, which is the General Partner of FC Grass Farms Partnership, and was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of the 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 on this y �= day of [fit,, C% k � 1 , 2005. J '''41SA G. KIZ, A�111551D,y My Commission Expires; qz 15 II iiE�►���; } ill ' � 011. rY �. ' Notary Public -15- City of Little Rock Planning and Development Filing Fees Date: , 24 ��; 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- ,J,I Ap,Iic � � V BY