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HomeMy WebLinkAboutS-888-A ApplicationCITY OF LITTLE ROCK NO. OFFICE OF COMPREHENSIVE PLANNING FILING FEES Li tt1 e Rock,���'` 19, . a. Rezoning Application Board of Adjustment Application. : = a Preliminary Plat . . . . . . . . . . . . .� Final Plat r,.v . . . -. , . . . . . t Street Name Signs: No. Signs At Ea. $ TOTAL $ By _ /- File No.: Address: Applicant: ,�. �fF- r7-' •, � ".�� To r� Date02( Time ESSAGE Phone M ( ) Telephoned ( ) Please Phone ( ) Returned your call ( ) Will Phone Again Come in to see you ( ) Urgent k t Office of Comprehensive Planning City Hall Markham at Broadway Little Rock, Arkansas 72201 371-4790 ITEM NO. C. DATE 2/16/89 DEAR Morrison: This letter is to inform you that your request for Office Limited Retail approval for the Hinson Corner was reviewed y t e lanning Commission on 113189 The following action was taken on your application: I. -A. denial as submitted. B. approval as requested.' C. deferal to D. X approval, conditioned upon: SEE ATTACHED MINUTES. E. additional information. II. Utility Comments: All utilities comments must be reflected on revised plats. Due to the technical aspects of certain plats, there are in most cases follow-up procedures that need to be done. If upon receipt of this letter you find that your plat was approved, please make it a point to contact the Office of Comprehensive Planning at 371-4790 to find out what the technical instructions will be. There may be times in which revised copies of certain plats are needed. Please make note that no building permits will be issued until those copies are received in the Office of Comprehensive Planning. Please feel free to call at any time if you have any problems or concerns. Sincerely, �_4► '_4 �_ B. Bernadette Bettard Subdivision Administrator BBB/nm City of Little Rock Office of Ei( Comprehensive Planning ITEM NO. 7 T DATE 11 22 88 DEAR Sir: City Hall Markham at Broadway Lillie Rock, Arkansas 72201 -371-4790 This letter is to inform you that your request for PUD approval for the Hinson Corner was reviewe y the lanning Commission on 11/15j88 -fie following action was taken on your application: I. A. denial as submitted. B. approval as requested.' C. X deferal to January 3rd 'Meeting . D. approval, conditioned upon: E. additional information. II. Utility Comments: All utilities comments must be reflected on revised plats. Due to the technical aspects of certain plats, there are in most cases follow' -up procedures that need to be done. If upon receipt of this letter you find that your plat was approved, please make it a point to contact the Office of Comprehensive Planning at 371-4790 to find out what the technical instructions will be. There may be times in which revised copies of certain plats are needed. Please make note that no building permits will be issued until those copies are received in the.Office of Comprehensive Planning. Please feel free to call at any time if you have any problems or concerns. Sincerely, B. Bernadette Bettard Subdivision Administrator BBB/nm March 19, 1991 Department of Neighborhood and Planning 723 W. Markham Little Rock, Arkansas 72201 Re: Letter of Credit for Hinson Corner Subdivision Dear Mr. Basham: The purpose of this letter is to provide for the release of a Letter of Credit No. 90-5-1513 in the amount of $6,800. The Letter of Credit was deposited as an assurance of the installation of certain physical improvements in the Hinson Corner Subdivision. This office has been advised by the City Engineer that these improvements are in place and have been accepted by the City. The Letter of Credit is hereby released. If I can assist you further, please do not hesitate to give me a call. Sinc ,-1y, Tad Borkowski Subdivision Administrator TB/aa March 19, 1991 Department of Neighborhood and Planning 723 W. Markham Little Rock, Arkansas 72201 Re: Letter of Credit for Hinson Corner Subdivision Dear Mr. Basham: The purpose of this letter is to provide for the release of a Letter of Credit No. 90-5-1,513 in the amount of $6,800. The Letter of Credit was deposited as an assurance of the installation of certain physical improvements in the Hinson Corner Subdivision. This office has been advised by the City Engineer that these improvements are in place and have been accepted by the City. The Letter of Credit is hereby released. If I can assist you further, please do not hesitate to give me a call. Sinc Tad Borkowski Subdivision Administrator TB/aa lollWORTHEN Bank & Trust Company, N.A. LITTLE ROCK, ARKANSAS 200 West Capitol P.O. Box 1681 Little Rock, Arkansas 72203 U.S.A. IRREVOCABLE STANDBY LETTER OF The City of Little Rock Attn: J. E. Gardner 701 West Markham Street Little Rock, Arkansas 72201 Dear Sirs: PAGE 1 OF_1_. DATE: Al-,qust 16, 1990 IT NO. 90-S-1513 We hereby open our irrevocable standby letter of credit in your favor available by your drafts at sight on us for a sum not exceeding US$6,800.00 (Six Thousand Eight Hundred and no/100 USD) from the account of West Markham Properties, Inc. ("Developer"), to be accepted by your signed statement that drawing is due to default or failure to perform by Developer with respect to the following improvements on or before August 16, 1991 on the Hinson Loop Road Development Project, in the City of Little Rock, Arkansas. The improvements to be completed on this date are listed on Attached Exhibit A hereto and are incorporated by reference herein. Acting through the City Attorney, you will notify us that: 1. The improvements have been timely completed and the warranty period has terminated and the credit may be released, or 2. The Developer has failed to perform or is in default thereunder. Any such notice must be by affidavit signed by the City Attorney or the City Attorney's designee. The City need only present a sworn document that the Developer is in default and, under the terms of this Letter of Credit, need not prove the default, or provide signed statements from any other party. All drafts hereunder must be by sight draft marked: "Drawn under Worthen Bank and Trust Company, N.A. Letter of Credit No. 90-S-1513, dated August 16, 1990." The original of the credit must be presented along with any such draft. The amount of any draft drawn under this credit must, concurrently with negotiation, be endorsed on the reverse side hereof by the City Attorney, and the presentment of any such draft will be a warranty by the negotiating bank that such endorsement was endorsed and that documents have been forwarded as herein required. Except so far as otherwise expressly state herein, this credit is subject to the Uniform Customs and Practice for Documentary Credits, 1983 Revision, International Chamber of Commerce No. 400. We hereby agree with the drawers, endorsers, and bona fide holders of drafts under and in compliance with the terms of this credit that the same will be duly honored and payment made no later than three days after due presentment of the credit and delivery of documents as specified if negotiated on or before August 16, 1991 as the same may be extended from time to time. V 2/-& a-- Authorixed Si nature W-3-051084 WORTHEN BANK WORTHEN BANK &TRUST COMPANY, N.A. August 16, 1990 Mr. Jerry Gardener Engineering Division Department of Public Works City of Little Rock Little Rock, Arkansas Re: Letter of credit - $6,800.00 West Markham Properties Inc. Dear Mr. Gardener: I am pleased to advise you Worthen Bank & Trust Company, N.A. has agreed to provide West Markham Properties Inc. an Irrevoc- able Letter of Credit listing the City of Little Rock as beneficiary. It is my understanding this letter of credit is required in lieu of a bond from the developer to assure the completion of the widening of the eastern half of Hinson Loop Road. The actual letter of_credit is to be issued August 16, 1990 with a term of one (1) year. Should you have any questions, please feel free to call me. Sincerely, /L&L William 4u5-p4hatt Senior Vice President WP/saw cc: Mr. Charles D. Basham, President West Markham Properties Inc. Vj el0 WORTHEN BANK BUILDING *. P.O. BOX 1681 • (501) 378-1000 ■ LITTLE ROCK, ARKANSAS 72203 MEMORANDUM CITY OF LITTLE ROCK DEPT: TO: JANE CZECH, CITY CLERK RICHARD WOOD, CURRENT PLANNING CHIEF V"�` FROM: OFFICE OF COMPREHENSIVE PLANNING DATE: SUBJECT: SUBDIVISION AGREEMENT FOR IMPROVEMENT FOLLOW UP: PLAT INDEX NO. � NAME f �} TYPE AGREEMENT LfJi,ti 6F �/�•�' a -S- �s�3 C�'�j gna, o�� IMPROVEMENT This memo is to serve as notice of filing with your -office of the subject agreement. The instrument should be filed in the appropriate secure location and is to be released only to me or an authorized member of my office bearing the signature of the Department Head. RW/se cc: File Carroll Ball y RECIPROCAL EASEMENT AND AGREEMENT` _'� � � 4 . = ��•' Jr - This Reciprocal Easement And Agreement is hereby entered into this /2t`--- day ofrs-t- 19901 to become "effective immediately following execution by all parties hereto, being .made and entered into by and between West Markham Properties, -Inc., with its principal place of business at. 2024 Arkansas Valley Drive, Suite 106, Little Rock, Arkansas 72212 (t'WMP") and Henson Loop Partnership, an Arkansas Joint Venture, having its principal place of business at 201 Pyramid Place, 221 West Second Street, Little Rock, Arkansas 72201 ("Henson"). WHEREAS, WMP is the fee owner of that certain real property known as Lot 1, Hinson Corners Subdivision, an addition to the City of Little Rock, Pulaski County, Arkansas, and specifically identified on Exhibit "A" attached hereto, said property hereinafter referred to as the "WMP Tract" (Exhibit "A" is sometimes hereinafter referred to as the "Site Plan"); WHEREAS, Henson is the fee owner of that certain real property to be known as Lot 2, Hinson Corners Subdivision,an addition to the City of Little Rock, Pulaski County, Arkansas, and specifically described and identified on Exhibit "A" attached hereto, said property hereinafter referred to as the "Henson Tract"; WHEREAS, Henson is the predecessor in interest of WMP, in and to the WMP Tract, and contemporaneously herewith has conveyed said WMP Tract to WMP; and WHEREAS, the parties mutually _desire to develop both tracts! WMP and Henson, in a comprehensive, and mutually beneficial manner consistent with the Planned Commercial District established by that certain ordinance of the City of Little Rock, Arkansas, No. 15,635 (hereinafter referred to as the "PCD"), and to enter into certain reciprocal easements, restrictions and covenants, to assure the comprehensive development of both the WMP Tract and Henson Tract; NOW, THEREFORE, for and in the sum of ten dollars ($10.00) and other good and valuable consideration, including the covenants, terms, conditions and agreements hereinafter expressed, the parties hereto mutually agree to the covenants, easements and restrictions, running with the land and binding said parties, their successors and assigns, as follows: 1. WMP does hereby grant, bargain, sell and convey unto Henson,` its successors and assigns; a non-exclusive easement and right-of-way in common with WMP and its successors and F ILL D & R it-- 1C 0 R DE AUG 17 P11 3= 59 1 C12UETTA ALEPHOER rug ; 3`1 1:3. Uieuir UM AND RECORDER assigns, in, to, on, over, under, and across that certain portion of the WMP Tract as designated and described on the attached Site Plan, as part of the easement area (the portion of the easement area on the WMP Tract and on the Henson Tract, is sometimes collectively referred to as the "Easement Area"), to use solely as a driveway over said specified Easement Area on the WMP Tract, said Easement Area being specifically located and denoted on Exhibit "A" attached_ hereto, and being further precisely described by metes and bounds thereon. Said conveyance is solely for the purpose of providing vehicular and pedestrian ingress to, egress from, and access between the - Henson "Tract, and the'WMP Tract. It is expressly acknowledged by all parties to this Reciprocal Easement and Agreement that the Easement Area established and located hereby, is being designated by WMP and Henson;- as -an absolute easement area, and the Easement Area -shall not be altered or modified at any time without the prior written approval of the parties hereto, or their -successors and assigns. 2. Henson does hereby grant, bargain, sell and convey unto WMP, its successors and assigns, a non-exclusive easement and right-of-way in common with Henson, and their successors and assigns, in, to, on, over, under, and across that certain portion of the Henson Tract as designated and described on the attached Site Plan as part of the Easement Area, to use solely as a driveway over said specified Easement Area on the Henson Tract, said Easement Area being specifically located and denoted on the attached Site Plan, and being further precisely described by metes and bounds thereon. Said conveyance is solely for the purpose of providing vehicles and pedestrian ingress to, egress from, and access between the WMP Tract and the Henson Tract. It is expressly acknowledged by all parties of this Reciprocal Easement and Agreement, that the Easement Area established and located hereby, is being designated hereby by WMP and Henson, as an absolute easement area, and the Easement Area shall not be altered or modified at any time without the prior written approval of the parties hereto, or their successors and assigns. 3. WMP shall commence construction of the Easement Area within one hundred eighty (180) days after full execution of this Reciprocal Easement and Agreement, excepting that such time period shall be extended for delays arising from matters beyond the reasonable control of WMP. Said driveway shall be designed to reasonable engineering specifications for the purposes herein and WMP shall construct, design, grade, curb, and pave same in a good and workmanlike manner. The driveway shall be located substantially as shown on Exhibit "A" attached hereto.--"= - M t 4. As provided hereinabove, WMP shall construct the Easement Area at its sole cost and expense, provided, however, each party shall thereafter be responsible for Eifty percent (50%) of any and all reasonably necessary costs, including reasonable attorney's fees, arising from or related to the maintenance, repair, and replacement of the Easement Area (the "Maintenance Costs"):. Notwithstanding anything.herein to the contrary, each party shall have the right to repair, maintain and replace, as reasonably necessary, the Ease.-ent- Area, and to access each tract, WMP and Henson, for said purpose. Provided, each party agrees that upon any such entry it will not unreasonably interfere with the business operations and parking on the respective tracts. Each party making such repairs or replacements or performing such maintenance shall -be entitled to reimbursement from th6 other for it's share of the Maintenance Costs incurred, within ten (10) days of receipt of written request therefore, accompanied by satisfactory evidence of the amounts so expended. 5. The foregoing Easement Area and right-of-way granted herein, shall run with the land and shall be binding upon WMP and Henson, their successors and assigns. 6. WMP and Henson reciprocally warrant, represent, and covenant that each is the fee owner of their respective tracts described in Exhibit "A" and the Easement Area on said respective tracts, and that each has the full right and authority to grant the easements, licenses, and rights hereunder. 7. Except as otherwise provided, any and all of the easements or licenses granted hereby may be released, extinguished, amended, waived, or modified by instrument, in recordable form, executed jointly by WMP and Henson, their successors or assigns. 8. It is acknowledged by all parties hereto that this Reciprocal Easement and Agreement and the agreements herein and easements granted hereby shall be subject to and governed by any and all local building code and zoning ordinances, rules or regulations, or any other restrictions regulated by the City of Little Rock, including, but not limited to, the PCD, and all amendments and modifications thereto. WMP and Henson, acknowledge, ratify and affirm the PCD and agree to comply with the terms, conditions and restrictions of the PCD. 9. WMP hereby covenants and agrees that Henson may locate on the WMP Tract appropriate signage for the immediate development -and marketing of the Henson Tract. In addition, WMP hereby covenants and agrees that Henson may locate on the - 3 - WMP Tract permanent signage for the ultimate development on the Henson Tract. The location, size, content and design of the signs shall be mutually agreeable to WMP and Henson. Any and all maintenance of the signs shall be at the sole expense of Henson, unless the parties desire common signage. Thereupon, the cost and maintenance shall be allocated proportionately. WMP hereby grants, bargains, sells and conveys to Henson a permanent sign easement, as located and designated on the attached Site Plan, subject to the terms, conditions and provisions herein. 10.- WMP and Henson hereby.affirm and acknowledge that this Reciprocal Easement and Agreement, constitutes the entire agreement between the parties,- and further covenant and agree that no changes may be made- to the said Agreement except in writing by all parties, or their successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Reciprocal Easement and Agreement effective the 7*�-- day of 1990. WEST MARKHAM PROPERTIES, INC. i ? AT T 5:T : �� BY: 7' TITLE: WIT -SS: r C STATE OF ARKANSAS) COUNTY OF PULASKI) HENSON LOOP PARTNERSHIP, an Arkansa. pint Venture BY: l �� TITLE: z" ACKNOWLEDGEMENT On this day of August, 1990, before me, a Notary Public, duly commissioned qualified and, acting, within and for said 2Cou ands St app�a person the within named ,arid � to me personally well known, w o stated hat they we e the duly authorized representatives of Henson Loop Partnership, an Arkansas Joint Venture, and were duly authorized in such capacity to execute - 4 - the foregoing instrument for and in the name and behalf of said partnership in their respective capacities and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. - IN TESTIMONY WHEREOF, I have hereunto se my hand a d official seal. otary Public -�R� P My Commission Expires: "'" c") CECEI_IA 4- /6 y (CUNJ INGHAM PQ' STATE OF ARKANSAS) COUNTY OF PULASKI) On this ��(jl �day of Augusta 1990, before me, -a Notary Public, 7d�ly co issfione , quali le and act' g, �within and for said C'ont d0St e, al aced Ci rson the within named a /' �� hand �� to me personally well known, w o stated that they were the duly authorized President and Secretary of West Markham Properties, Inc., an Arkansas Corporation, and were duly authorized in such capacity to execute the foregoing instrument for and in the name and behalf of said Corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal. �P(Jezolt� ry Public n� �Q My Commission Expires: "'- CECELIA CUNNINGHAM 1272JHP pR 9'Skl o. , - 5 -- ^I Loopy Partnership, an Arkansas Joist Venture and West Markham Properties, Inc. Dated August �_, 1990. I N� Lope W,1so HENSON o F � f �• �w I C_ ! 1 - I I I t . 1 C •L' - u! 1 .� .� U. .7 GG ACCESS EASEMENT DESCU PTIC4 Part of the EA. N", HE% III.%, Section 33, T-2-4, R-13-w, v Pulaski County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of the EA, NUS, NEt, HV'4, of said Section 33; thence South 89' 39' 00" East 3.00 feet; thence South 00' 31' 00" Vest to a point on the South right-of-way Line of Hinson Road; thence • along said right-cf-way line South 89' 39' 25" East 158.22 feet to the POINT OF BEGINNING; thence continuing along said right-of-way line South 89'- 391, 25" East 25.00 feet; 'thence South 00' 31" - 00" Vest 181.29 feet; thence North 89" 39' 451' Vest 183.22 feet to a point on the East right-cf-way line of Hinson Loop Road; thence along said right-of-way line North 00• 31' 00" East . 25.00 feet; thence South 89. 39' 45" East 158.22 feet; thence North 00' 31' 00" Vest 156.29 feet to the POINT OF BEGINNING, containing 8488 square feet or 0.195 acres, more or less. � R ' 7 t ' � 13 • tl 1 1�'r•t 'i' t1' 71 - t HINSON CORNER OFFICES 0 p c I- Urn-t :LOCK. AAKu S�$ I € GN EA SE�'�NT AREA I Exhibit "A" (continued) to Reciprocal Easement And Agreement between Henson Loop Partnership, an Arkansas Joint Venture and West Markham - Properties, Inc. Dated 1tu_tuS4 _1-7 , 1990 WMP Tract: Lot 1 Hinson Corners, as addition to the City of Little Rock, Pulaski County, Arkansas, more particularly described as follows: _ Part of the E 1/2, NW 1/4, NE 1/4, NW 1/4, Section 33, T-2=N, R-13-W, Pulaski County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of the E 1/2, NW 1/4, NE 1/4, NW 1/4 of said Section 33; thence South 89*39100" East 3.00 feet; thence South 00*31100" West 39.89 feet to a point on the South right-of-way line of Hinson Road and the POINT OF BEGINNING; thence South 89'-39125" East along said right-of-way 205.42 feet; thence South 00'31100" West 168.79 feet; thence North 89*39,145" West 205.42 feet to a point on the East right-of-way line of Hinson Loop Road; thence North 00'31'00" East along said right-of-way line 168.81 feet to the POINT OF BEGINNING, containing 34,675 square feet,or 0.796 acres, more or less. Henson Tract: Lot 2 Hinson Corners, an addition to the City of Little - Rock, Pulaski County, Arkansas, more particularly described as follows: A part of the East One-half (E_) Northwest Quarter (NW,) Northeast Quarter (NE,) Northwest Quarter (NW%,), Section 33, Township 2 North, Range 13 West, Pulaski County, Arkansas described as follows: Beginning at a point on the West line of said East one-half (E k ) Northwest Quarter (NW ; ) Northeast Quarter (NE ; ) Northwest Quarter (NW;), 208.7 feet South of the Northwest corner of said East one-half (E-,) Northwest Quarter (NW%, ) Northeast Quarter (NE;) Northwest Quarter (NW;); thence South 89 degrees 39 minutes East, 330.0 feet; thence South 00 degrees 26 minutes West, 264.0 feet; thence North 89 degrees 39 minutes West, 329.5 feet to the West line of said East one-half (E,) Northwest Quarter (NW,) Northeast Quarter (NE ; ) Northwest Quarter (NW-,) ; thence North 00 degrees 20 minutes East and along said West line of East one-half (E,) Northwest Quarter (NW;) Northeast Quarter (NV-,) Northwest Quarter (NW-,), 264.0 feet to the point of beginning. City of Little Rock Engineering Division Department ol 701 west Markham Public Works Little Rock, Arkansas 72201 371-4800 March 19, 1991 Mark Wright, P.E. Development Consulatants, Inc. 2024 Arkansas Valley Druve Little Rock, Arkansas 72212 Re: Hinson Corners, Lot 1 11825 Hinson Road Approval of Street Construction Dear Mr Wright: At your request this office has inspected the construction of street and drainage faciIities along Hinson Loop Road adjacent to Lot 1, h i n s o n Corners. The project is approved for construction' We have received from Vanguard, Inc. a maintenance bond in the amount of $3,447.5O, dated March 18, 1991, to run for one year. On about March 18, 1992, this office will inEpect the project for reaease of the maintenance bond. Very truly yours, Carroll F. Ball, P.E. Design Chief cc:Mr. Charles Basham Planning: Tad Borkowski File 5005, S-2870 BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, Henson Loop Partnership, as Arkansas Joint Venture ("Henson"), is the sole owner of the following described lands lying in the County of Pulaski, State of Arkansas, to wit: Part of the E 1/2, NW 1/4, NE 1/4, NW 1/4, Section 33, T-2-N, R-13-W, Pulaski County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of the E 1/2, NW 1/4, NE 1/4, NW 1/4 of said Section 33; thence South 89°39100" East 3.00 feet; thence South 00*3110011 West 39.89 feet to a point on the South right-of-way line of Hinson Road and the POINT OF BEGINNING; thence South 89°39125" East along said right-of-way 205.42 feet; thence South 00°31100" West 168.79 feet; thence North 89°39145" West 205.42 feet to a point on the East right-of-way line of Hinson Loop Road; thence North 00°31100" East along said right-of-way line 168.81 feet to the POINT OF BEGINNING, containing 34,675 square feet or 0.796 acres, more or less. AND, WHEREAS, it is desirable that all of the above described property be subdivided into lots, blocks, tracts and streets; NOW, THEREFORE, WITNESSETH: THAT the said tract of land has been surveyed by Development Consultants Incorporated and Mr. Gregory T. Sullivan a registered Land Surveyor, and a plat thereof made which is identified by the title Hinson Corners Subdivision and the date July 30, 1990, and by the signature of the Circuit Clerk and ex officio Recorder of Pulaski County, Arkansas, in Plat Book , page , and the grantor does hereby make this Bill of Assurance. AND, the grantor hereby certifies that said tract has been laid off, platted and subdivided, and do hereby lay off, plat and subdivide said real estate in accordance with said plat. The lands embraced in said plat shall be forever known as Lot 1, Hinson Corners Subdivision, City of Little Rock, Pulaski County, Arkansas. The grantor hereby dedicates to the public forever easements and right-of-ways shown by said plat. There are strips of ground shown and dimensioned on said -plat marked "Drainage and Utility Easement" and "Right -of -Way" reserved for the use of public utilities and for drainage and street purposes, subject at all times to the proper authorities and to delivery and dedication of the easements and right-of-ways shown on the said plat. Hereafter, conveyance and description of any of said lands by lot number as shown on said plat, shall be a proper and sufficient description thereof. The lots in said subdivision shall be sold by the grantor and shall be purchased by the buyers thereof, subject to the following covenants, to wit: 1. No lot shall be re -subdivided into nor shall any structure be erected or placed on any lot or building site having a width of less that 100 feet at the building line or an area of less that 14,000 square feet. 2. No building is to be constructed on any lot nearer - 2 - than the building line noted on said plat. The following front yard, rear yard, and side yard provision shall be required for the following usage of the property: OFFICE USE: A front yard setback of 25 feet is required. A rear yard setback of 15 feet is required. A side yard setback of 10 feet is required. Where side or rear yard areas abut a residential use, a setback of 40 feet is required. 3. No buildings or incinerators shall be built or maintained within the area of any of the easements shown on the plat, and in the event any such obstruction is placed thereon in violation of this restriction and reservation, no utility and/or public agent will be liable for destruction of same in constructing and maintaining its facilities located within the area of said easement. 4. No fence, wall, hedge or shrub planting or other obstacle which obstructs sight lines at elevations of more than 30 inches above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street lines and a line connecting them at points 50 feet from the intersection of the street lines; or in the case of a rounded property corner, within the triangle formed by tangents to the curve at its beginning and end, and a line connecting them at points 50 feet from their intersection. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at a height - 3 - of 8 feet to prevent obstruction of such sight lines. S. No obstruction shall be placed in the street or gutter. Curbs shall be broken at driveways, and driveway aprons shall not extend past the face of the curb. 6. These covenants and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 30 days from the date these covenants and restrictions are recorded, after which said covenants and restrictions shall be automatically extended for successive periods of 10 years, unless an instrument signed by the then owners of all the lots in the addition has been recorded, agreeing to change said covenants and restrictions in whole or in part. 7. These covenants and restrictions shall not be amended, cancelled or supplemented unless an instrument signed by the owners of all the lots in the addition is placed on record agreeing to change the covenants and restrictions in whole or in part, and any change must be approved by the Little Rock, Planning Commission. 8. In the event of any attempt to violate any of the covenants or restrictions herein, before the expiration date hereof, it shall be lawful for any person or persons owning a lot or lots in said addition to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restriction, and 4 - either to prevent him or them from so doing or to recover damages or other dues for such violation. 9. The invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect. The considerations set forth in items one through nine are hereby approved by the City of Little Rock Planning Commission. Any additional requirements, restrictions or statements are entered without review or action by the Planning Commission, and shall not be considered part of the Little Rock Planning Commission's requirements for plat approval. f �J DATE: 13 , 1590 Lid Mr. Pat Morrison WITNESS: General Partner HENSON LOOP PARTNERSHIP, an Arkansas Joint Venture ACKNOWLEDGEMENT STATE OF ARKANSAS) COUNTY OF PULASKI) L On this _� -! day of August, 1990, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, ap,�eared in person the within named � Lap,,SoN and ��.,t s 9- ��e&:cu � to me personally well known, who stated that they were the duly authorized individual partner and witness of Henson Loop Partnership, and Arkansas Joint Venture, and were duly authorized in such capacity to execute the foregoing instrument for and in the name and behalf of said partnership in their respective capacities and further stated and acknowledged that they had so signed, executed and — 5 — delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal. Notary Publi-c My Commission Expires: LITTLE ROCK PLANNING 12 7 4 JHP CO S ION APPROVED - 6 -