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CITY OF LITTLE ROCK
NO, OFFICE OF COMPREHENSIVE PLANNING
FILING FEES
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s3 `.I-ttY e Roc-k , Ark.. 19
Rezoning Application $
Board of Adjustment AppT i cati on . :` $
Preliminary Plat . . . . . . $
F i n a l P 1 a to
Street Name Signs: No, Signs At Ea. . . . $ ��
TOTAL $
By:
File No.: Address:
Applicant : Zit�4-!'�
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PLAT AND BILL OF ASSURANCE
EASTPORT COMMERCIAL PARK
INTERCHANGE DEVELOPMENT COMPANY TO: THE PUBLIC
This Plat and Bill of Assurance made this day of
1987, by 64althour-Flake Co., Inc., an Arkansas Corporation,
hereinafter referred to as "Developer".
Article I.
Recitals
1.1 The Developer is the present record title holder of cer-
tain real property situated in the County of Pulaski, State of
Arkansas, more particularly described as follows:
Part of the NE1/4 NE1/4 and
Part of the S0 /4 NE1/4, Section 16, and Part of the NW1/4 NW1/4
and Part of the SW1/4 NW1/4, Section 15, T-1-N R-11-W, Pulaski
County, Arkansas, described by metes and bounds as follows: Com-
mencing at the Northwest corner of the S1/2 NE1/4 SE1/4, Section
16, T-1-N R-11-W, Pulaski County, Arkansas; thence run S88°56'E,
30 ft. to the point of beginning, which point is the Southwest
corner of Lot 84, Hermitage Home Sites Addition to the City of
Little Rock, Pulaski County, Arkansas; thence continue SB8°56'E
along the South line of said Addition, 1,719.7 ft. to the South-
east corner of Lot 99 of said Addition; thence S10°44'59"E, 202.81
ft. to a point; thence S22°57'49"E, 174.5•ft. to a point; thence
S26°51'12"E, 133.07 ft. to a point on the Northerly right-of-way
line of the East Belt Freeway; thence Southwesterly and North-
westerly along said Northerly right-of-way line the following
bearings and distances: S48"34'S3"W, 45.87 ft.; S53°52'14"W,
276.26 ft.; S61036'16"W, 375.77 ft.; S72°43'43"W, 384.12 ft.;
S86°04'48"W, 304.37 ft.; S89°41'44"W,1616.12 ft.; N104613011W,
178.16 ft.; N5032'03"W, 190.57 ft. and N89°13'12"VI, 10.0 ft. to
a point on the East right-of-way line of Fourche Dam Pike; thence
N2'01'44"E along the East right-of-way line of Fourche Dam Pike,
653.23 ft. to the point of beginning containing 37.5231 acres,
more or less. .
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1.2 The Developer intends to plat the Property from time to
time into Lots but all the Property shall forever be known as
EASTPORT COMMERCIAL PARK, Pulaski County, Arkansas.
1.3 Developer is desirous of subjecting the Property to the
conditions, covenants, restrictions and reservations herein set
forth to ensure proper use and appropriate development and improve-
ment of said Property as a business park.
1.4 Developer is desirous at this time of platting as Lots
that portion of the Property described as follows:
Total Boundary (Including Fourche Dam Pike & East Port Drive Dedication)
Part of the E 1/2, NE 1/4, Section 16, T-1-N, R-11-W, Pulaski County,
Arkansas, more particularly described as: Starting at the Northwest corner
of the S 1/2, NE 1/4, NE 1/4, said Section 16; thence S 880 56' E along the
North line of said S 1/2, NE 1/4, NE 1/4, 30.0 ft. to the point of
beginning, said point being located on the East right-of-way line of
Fourche Dam -Pike; thence S 880 56' E along said North line -of the S 1/2, NE
1/4, NE 1/4, 10.0 ft. to a point; thence S 20 01' 44" W along a line 10.0
ft. East of and parallel with the East right-of-way line of Fourche Dam
Pike, 250.0 ft. to a point; thence S 880 56' E, 346.42 ft. to a point;
thence S 10 04' W, 219.97 ft. to a point; thence S 830 13' 22" E, 30.15 ft.
to a point; thence S 880 56' E, 20.0 ft. to a point; thence S 16 04' W,
60.0 ft. to a point; thence N 880 56' W, 20.0 ft. to a point; thence S 85°
21' 22" W, 100.5 ft. to a point; thence N 880 56' W, 81.34 ft. to a point;
thence S 10 04' W, 150.0 ft. to a point; thence.N 880 56' W, 197.24 ft. to
a point on the East right-of-way line of Fourche Dam Pike; thence along
said East right-of-way line the following bearings and distances; N 50 32
03" W, 40.10 ft.; N 890 13' 12" W, 10.0 ft. and N 20 01' 44" E, 653.23 ft.
to the point of beginning, containing 3.2523 acres more or less.
(hereinafter referred to as the "Parcels").
IWM
Article II.
Definitions
2.1 Definition of Terms: (a) "Developer shall mean
Walthour-Flake Co., Inc., an Arkansas Corporation, its successors
and assigns.
(b) "Owner" shall mean and refer to the record owner, whether
one or more persons or entities of the fee simple title to any Lot
or Tract in Eastport Commercial Park, Pulaski County, Arkansas, but
excluding those having any interest merely as security for the per-
formance or payment of an obligation.
(c) "Property" shall mean and refer to the real property
hereinbefore described as Eastport Commercial Park, Pulaski County,
Arkansas.
(d) "Improvement" shall mean and include but not be limited to
buildings, parking areas, loading areas, fences, walls, hedges,
landscaping, mass planting, poles, signs and any structures of any
type or kind.
(e) "Lot" shall mean and refer to the fee simple absolute
estate of any numbered plot of land shown upon the Plat of Eastport
Commercial Park as heretofore and hereafter platted.
(f) "Plat" shall mean and refer to that certain drawing
attached to and made a part of this instrument.
(g) "Tract" shall mean and refer to the fee simple absolute
estate of any plot of land conveyed by metes and bounds and not
platted.
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Article III.
Purpose
3.1 The Property is hereby made subject to the following con-
ditions, covenants, restrictions and reservations all of which
shall be deemed to run with the Property and each and every parcel
thereof to ensure proper use and appropriate development and impro-
vement of said Property so as to (a) protect the Owner against such
improper development and uses of surrounding Lots as will depre-
ciate the value and use of their Lots; (b) prevent the erection on
the Property of structures constructed of improper or unsuitable
materials or with improper quality and methods of construction;
(c) ensure adequate and reasonably consistent development of the
Property; (d) encourage and assure the erection of attractively
designed permanent improvements appropriately located within the
Property in order to achieve harmonious appearance and function;
(3) to provide adequate off-street parking and loading facilities;
and (f) generally promote the welfare and safety of the Owner.
1.2 The Developer hereby plats the Parcels as Lots 1 and 2,
Eastport Commercial Park, Pulaski County, Arkansas. Henceforth,
description and conveyance by such designation as shown as repre-
sented on the Plat shall be a proper and sufficient description for
all purposes.
QC
Article IV.
Easements and Roadways
4.1 A permanent easement or easements for drainage, for laying
and maintaining sewer pipes and mains, storm sewers and for the
installation and maintenance of utilities are created, accepted and
reserved over, across and through the Property as shown on the
attached Plat.
4.2 The Developer hereby dedicates to the public forever an
easement of way on and over the streets as shown on said Plat, to
be used as public streets.
Article V.
Permitted Uses.
In the development, use, or ownership of all or any por-
tion of the Property the Owner thereof shall develop same in
compliance with the zoning rules and regulations of the City of
Little Rock and -any and all other applicable governmental entities
as they apply to any particular portion of the Property.
Article VI.
Regulation of Improvements
6.1 Approval. No building shall be erected, placed or altered
on the Property until the building plans, specifications, exterior
color scheme and plot plan showing the location and facing of such
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building with respect to existing topography, adjoining streets and
finished ground elevations have been approved in writing by the
Developer. A primary purpose of this restriction is to ensure that
proper standards of planning, design and construction are followed
in the development of the Property.
6.2 Developer's Liability. The granting of any approval, per-
mit or authorization by the Developer shall be final and binding.
The Developer shall incur no liability by reason of its refusal to
approve any plans or specifications submitted hereunder.
6.3 Submission Requirements. (a) Any submission to the
Developer for approval of a proposed development shall include:
(1) A site plan, to scale, indicating the location of all
proposed improvements, including, without limitation, structures,
parking areas, storage and maintenance areas, fencing, drainage and
traffic circulation;
(2) Landscape plan, to scale, indicating site topography,
elevations of walks, drive 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;
(3) Building elevations, to scale, indicating all eleva-
tions of proposed structures with specification of building
materials, fences and color scheme; and
(4) Sign plan, indicating design, location and details of
all signs which will be visible from the exterior of any building.
(b) Approval of any proposed development by the Developer will
not relieve any Owner of the obligation to comply with all laws,
ordinances, regulations or rules of any governmental body, nor can
any Owner rely upon such approval as an indication of such
compliance. In no event will approval of such proposed development
by the Developer create any .liability to the Owner or to any third
party who may seek to rely thereon.
6.4 Setbacks. No building shall be located on any building
site nearer to the front, side or real lot lines than the minimum
building setback lines shown on any recorded Plat affecting the
Property. Provided, however, in the event any Owner or Owners of
contiguous Lots desire to develop their Lots as one project, the
Developer shall have the right to waive the common side setback
lines to promote the -development of the contiguous Lots as one in a
manner which is aesthetically compatible with the development of
the Property.
6.5 Sidewalks. Sidewalks shall be installed by the Owner
along abutting streets as may be required by the City of Little
Rock.
6.6 Subdividing. No Lot shall be subdivided without written
consent of the Developer and the Little Rock Planning Commission
first having been obtained.
6.7 Building Exteriors. The exterior of all improvements on
any Lot shall comply with the following:
(1) Gutters and downspouts are to be painted to match the
surface to which attached.
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(2) Vents, louvers, exposed flashing and service doors
are to be painted consistent with the exterior material of the
building.
6.8 Screening. Areas used for trash containers and other
appurtenant items of poor visual quality are to be screened by the
use of a material having a color consistent with the building
exterior.
6.9 Signs (a) Ground Signs.
(1) There may be a maximum of one ground sign per
building unless the development has entrance drives on two streets,
in which case there may be one ground sign at the entrance drive on
each street up to a maximum of two total signs.
(2) The ground signs will be of material approved by the
Developer.
(3) Ground signs will be no more than four feet above
grade in height nor more than 40 square feet in area.
(b) Wall Signs.
(1) There may be a maximum of one wall sign per building
unless a building fronts on two streets, in which case there may be
one wall sign per street frontage up to a maximum of two per
building.
(2) Wall signs shall be no more than 10% of the area of
the elevation upon which the sign is located, up to a maximum of
120 square feet. A wall sign will be measured by a rectangle
around the outside of the lettering and/or the logo and calculating
the•area enclosed within the rectangle.
MM
(c) Multiple -Tenant_ Buildings. In the case of multiple -tenant
buildings with separate tenant entrances, each individual tenant
may have a wall sign over the entrance to identify the tenant, pro-
vided that the sign will give only the name of the company and will
be limited to 12-"-high letters. These signs will not exceed a
maximum of twenty square feet and will be individual letters with
metal finish directly applied.
(d) Pole Signs. One pole sign per site may be allowed by the
Developer in its discretion. Unless expressly approved by the
Developer, pole signs are not permitted.
(e) Temporary_Signs. The location, size and design of tem-
porary signs are subject to the approval of the Developer.
6.10 Driveways and Parking. (a) The location of driveways
requires the prior approval of the Developer.
(b) No parking is permitted on Eastport Drive.
(c) No parking is permitted within the setbacks as shown on
the plat, which are exclusively for landscaping, except as follows:
(1) Eastport Drive setback: 19 foot of setback
(2) Fourche Dam Pike setback: 19 foot of setback
(3) Side yard setback: All of setback
(4) Rear yard setback (other than north line of Eastport
Commercial Park): All of setback
6.11 Landscaping.
(a) Owner will be responsible for the design, development and
maintenance of the landscape on his own site and contigous planting
areas within various right-of-ways and public property to the face
of curb or edge of pavement if there is no curb. Contiguous par-
cels 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. Lot 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. Replacements may be made at a later date, with
the Developer's approval, if necessary due to seasonal conditions.
(b) Eastport Drive and Fourche Dam Pike Street Coverage
Landscape Requirements:
(1) A minimum 6'0" wide landscape strip will be required
adjacent to all parking lots and drives within Owner's property
along,Eastport Drive and Fourche Dam Pike. Plantings are required
along the length of the landscape strip. Plant materials may be
staggered and/or grouped in clusters in order to achieve opaqueness
of the screen.
(2) The right-of-way area and the area extending to the
interior pavement will be solid sodded with Common Bermuda except
in areas where the 6'0" landscape strip is developed as a planting
bed.
51FiM
(3) Willow oak trees will be planted at average 40-foot
intervals as located by the Developer along Fourche Dam Pike and
Eastport Drive. The trees shall be nursery grown, balled and
burlapped with a minimum of 14-foot height, 3-inch caliper, and
have 8-foot clear below canopy, and have minimum 60" canopy
spread. The Owner will be required to submit landscape drawings
to the City for a franchise request for any trees located within
the public right-of-way.
(c) Parking Lots:
Permitted trees in parking areas and side and rear yards shall
include:
Shade Trees:
Willow Oak
Water Oak
Red Maple
River Birch
Ornamental Trees:
Watermelon Red Crape Myrtle
Bradford Pear
Multi -trunk Burford and Savannah Holly
Treeform Yaupon
The balance of the landscaped areas in parking lots shall be
planted with solid sod Common Bermuda, groundcover or shrubs.
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The minimum planting sizes are:
Shade trees with the exception of River Birch:
Height 14'
Caliper 3"
Straight vertical trunk
Canopy spread 60"
Balled and burlapped
River Birch:
Height 10'-12'
Caliper l V4"-1 1//2"
Multi -trunk form with two or more trunks
Balled and burlapped
Ornamental Trees:
Height 8'-10'
Shrubs - 2 gallon
Groundcover - 2 gallon
(d) Rear Yards:
All rear yards, if any, shall be solid sodded or seeded with
Common Bermuda. (Meyer Z-52 Zoysia may be substituted for the turf
within the property line if approved by the Developer.)
(e) Irrigation:
All public right-of-way on Fourche Dam Pike and Eastport
Drive and landscaped areas contiguous to such -right-of-ways are
to be,irrigated with an approved automatic sprinkler system.
Impact heads will be utilized along the rights -of -ways and will
be spaced to provide complete coverage between the right-of-way
line and the interior pavement. The irrigation system will be
designed and operated to prevent or minimize run-off and
discharge of irrigation water on to roadways., driveways, adjacent
properties and any area not under control of the user.
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6.12 Maintenance of Areas in Public Rights of Way.
(a) Each Lot Owner shall pay to the Developer or its
assignee an annual maintenance charge, which charge shall be due
and payable annually in advance on the first day of January in
each year. The first year fee shall be prorated on a daily basis
from the date of closing through December 31 of that year. The
maintenance fund will be used for improving (not initial develop-
ment) and maintaining the rights of ways (the "Public Areas") in
the Property in such a manner as is deemed necessary by the
Developer to maintain the overall attractiveness of the Property,
including but not limited to maintaining the entranceway to the
Property (including median areas, curbing and other improvements),
caring for drainage channels if necessary, maintaining liability
insurance premiums attributable to such areas, or for doing any
other thing necessary in the opinion of the Developer, for keeping
the Public Areas neat or in good order. The maintenance of the
green areas for each individual Lot or Tract within the public
right-of-way shall be the responsibility of the Lot Owner.
(b) The maintenance charge shall be computed based upon the
ratio of the square foot area of each Lot or Tract within the
Property is to the total square foot area of all property within
the Property, 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 year end.
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(c) In the event that any Owner fails to maintain its Lot,
Tract or that area of the public right-of-way that is its respon-
sibility for maintenance, then the Developer, following reaso-
nable notice, may perform the necessary maintenance and charge to
that respective Owner the cost of such maintenance work. This
right of the Developer shall be limited to the landscaping and
exterior housekeeping and shall not extend to any maintenance of
buildings.
(d) Any unpaid amount for general maintenance of the Public
Areas or for specific maintenance performed by the Developer due
to Owner's failure to maintain its Lot or Tract shall become a
lien against the subject Parcel.
Article VII
First Right of Refusal
7.1 In the event any Owner decides to sell prior to the
completion of the exterior building envelope to be constructed
on a Lot or Tract, the Developer shall have the first right to
purchase the Lot or Tract at the same price, terms and con-
ditions as the Lot or Tract would be offered for sale to a
third party. The Developer shall have 30 days from receipt of
notice from the Owner in which to elect to purchase the Property.
In the event the Developer elects not to purchase the Property,
the Owner is free to sell the Lot or Tract to any other party
within a period of six months from the date of the Developer's
decision not to purchase, but only at the same price,
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terms and conditions as offered to Developer. If the Owner
changes the price, terms or conditions after the Developer's
election not to purchase, or upon the expiration of the period of
six months from the date of the Developer's decision not to
purchase, the Owner must again offer the Property to the
Developer under the restated price, terms or conditions.
Article VIII.
Termination, Modificaiton and Assiqnments.
8.1 Term. The covenants, conditions and restrictions and
reservations contained herein shall continue in full force and
effect until January 1, 2025 and shall thereafter be renewed
automatically from year to year unless and until terminated as
provided in paragraph 8.2 hereof.
8.2 Termination and Modification. The covenants, conditions,
restrictions and reservations contained herein may be terminated,
extended, modified or amended as to the whole of the Property or
any portion thereof, with the written consent of the owners of 50%
of the Property (other than Property dedicated to the Public
Areas). Such termination, extension, modification or amendment
shall be immediately effective on the recording of the proper
instrument in writing executed and acknowledged by such Owner in
the office of the Clerk and Ex -Of f icio Recorder of Pulaski County,
Arkansas.
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8.3 Assignment of Developer's Rights and Duties. Any and
all rights, powers and reservations of the Developer herein con-
tained may be assigned by the Developer to any person, cor-
poration or association or committee which will assume any or all
of the duties of Developer hereunder, and upon any such person,
corporation or association's evidencing its consent in writing to
accept such assignment, said assignee shall, to the extent of
such assignment, assume Developer's duties hereunder, have the
same rights and powers and be subject to the same obligations and
duties as are given to and assumed by the Developer herein. Upon
such assignment, and to the extent thereof, the Developer shall
be relieved from all liabilities, obligations and duties
hereunder. The term Developer as used herein includes all such
assignees and their heirs, successors and assigns. If at any
time the Developer ceases to exist and has not made such an
assignment, a successor or developer may be appointed by the Owners
of 50% of the Property (other than Public Areas) upon compliance
with the requirements of paragraph 8.2 of this Article VIII.
Article IX.
Miscellaneous
9.1 No Waiver. All the conditions, covenants, restrictions
and reservations contained in this Bill of Assurance shall be
construed together, but if it shall at anytime be held that any
one of said conditions, covenants, restrictions and reservations
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or any part thereof, is invalid, or for any reason becomes unen-
forceable, no other conditions, covenants, restrictions and
reservations or any part thereof shall be thereby affected or
impaired.
9.2 Owner's Liabilitv Subsequent to Sale. Upon sale of a
Lot or Tract, the Owner so selling shall not have any further
liability for the obligations thereon which accrue against such
Lot or Tract sold after the date of the conveyance; provided,
however, that nothing herein shall be construed so as to relieve
an Owner of any Lot or Tract from any liability or obligations
incurred prior to such sale pursuant to this Bill of Assurance.
Furthermore, any such sale shall not modify Developer's right of
repurchase pursuant to Article VII hereof.
9.3 Benefits and Burdens. The terms and provisions con-
tained in this Bill of Assurance shall bind and inure to the bene-
fit of the Developer, the Owners of all Lots or Tracts located
within the Property, their respective heirs, successors, personal
representatives and assigns.
9.4 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 (1) to the Lot or Tract if improved; (2) if
the Lot or Tract is not improved to the address set forth in
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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:
Walthour-Flake Co., Inc.
c/o Mr. L. Dickson Flake
Barnes, Quinn, Flake & Anderson, Inc.
2100 First Commercial Building
Little Rock, Arkansas 72201
9.5 Singular and Plural. Words used herein, regardless of
the number and gender specifically used, shall be deemed and con-
strued to include any other number, singular or plural, and any
other gender, masculine, feminine or neuter, as the contract
requires.
EXECUTED on the date first mentioned above.
WALTHOUR-FLAKE CO., INC.
By:
L. Dickson Flake, President
ACKNOWLEDGMENT
STATE OF ARKANSAS)
) ss
COUNTY OF PULASKI)
On this day before me, a Notary Public, duly commissioned,
qualified and acting within and.for said county and state,
appeared the within named L. Dickson Flake as President of
Walthour-Flake Co., Inc., and Arkansas Corporation, to me per-
sonally 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 partnership and further stated and acknowledged
that he had so signed, executed, and delivered said foregoing instru-
ment for the consideration, uses and purposes therein mentioned and
set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and.;seal
this day of , 1987.
Notary Public
My Commission Expires:
JJ/PV -18-