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HomeMy WebLinkAboutS-0943-B Application4Z , r J 701 West Markham tittle Rack, Arkansas 72201-1300 371-4811 Fax 371-4460 p -/�4y CIVIL ENGINEERING RESPONSE Civil THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE SEEN SATISFIED. APPROVAL G OR FIL N dOF IES PLAT CAN BE ISSUED19j, 0 N SIGNED BY ENGINEER errrrFn RY SURVEYOR SIGNED BY 911 ADDRESS cOORDINATOR DXF. DISKETTE PLAT DXF DISKETTE STORM DRAIN REMARKS I. CoP101 -- m, eCa " - -- Division 2003041941 05/07/2003 11:46:05 AM Filed & Recorded in Official Records of CAROLYN STALEY i PULASKI COUNTY DECLARATION OF RESTRICTIONS AND ffi"%1'q-ER1 FOR COLONEL GLENN PLAZA ADDITION THIS DECLARATION OF RESTRICTIONS AND COVENANTS (this "Declaration") is made as of the � -2day of April, 2003 by Boen Enterprises LLC , an Arkansas limited liability company ('Boen" or Boen may hereinafter be referred to as the "Grantor") RECITALS WHEREAS, the Grantor has caused the lands described on Exhibit A-1 attached hereto (the "Property") to be surveyed by McGeterick Engineering, Inc., Engineers and Land Surveyors, and a proposed plat made thereof, identified by the title "Colonel Glenn Plaza. Addition, Little Rock, Arkansas." The proposed plat bears the signatures and seals of Patrick M. McGeterick, Registered Professional Engineer, and Robert C. Lowe, Jr., Registered Professional Land Surveyor (the "Plat"), a copy of which is attached hereto as Exhibit A- 2 and made a part hereof. WHEREAS, this Declaration is made with respect to the real property designated and shown as proposed Lots 1, 2 and 3 on the Plat, which real property is hereinafter referred separately as a "Lot", specifically by Lot number, i.e., "Lot 3" and collectively as the "Lots", and the legal description of which is contained on Exhibit "B" attached hereto and by reference incorporated herein; and WHEREAS, the Grantor is the Fee Owner of Lots; and WHEREAS, the Grantor desires to file this Declaration to protect its interest and the interests of others which may in the future become fee owners (a "Fee Owner") of one or more of the Lots. Grantor and those future Fee Owners may be hereinafter collectively referred to as "Parties" or singularly as a "Party"; and WHEREAS, the Grantor hereby establishes, to the fullest extent permitted by law, certain covenants, restrictions and charges (collectively, the "Restrictions") as are hereinafter set forth, subject to which all of Lots and every portion thereof, shall be improved., held, exchanged, leased, sold and/or conveyed. NOW, THEREFORE, in consideration of the foregoing, and the covenants and agreements set forth herein, the Grantor agrees as follows: 1. Desi and Construction of Buildings. The Architectural Committee must approve all initial construction on each Lot, including architectural theme, design, color, access and parking. All exterior construction must be brick, stucco or another approved masonry fagade, excluding concrete block (but not excluding split -faced concrete block), and using colors approved h t rchitectural Committee. If following CIRC'.4 Ci o V/ fT�. initial construction of buildings on a Lot, the existing exterior of any then existing building is substantially remodeled or there is a rebuilding following a casualty, then unless the remodeling or reconstruction is substantially similar to the prior existing exteriors, the architectural theme, design, color, materials, access and parking must be approved by the Architectural Committee. Once initiated, all building construction must be diligently prosecuted to completion. Any rooftop equipment shall be appropriately screened. All trash collection or dumpster areas shall be contained in an enclosure constructed ofmaterials substantially similar to the existing exterior of the building constructed on such Lot and in a manner consistent with the architectural theme, design and color ofthe building. For so long as the Grantor owns any Lot, the Architectural Committee shall consist of Grantor. If Grantor ceases to own any Lot, the Architectural Committee shall continue to consist of Grantor until the Lot Owners agree on one to five persons to serve as the Architectural Committee. The Architectural Committee shall thereafter consist of one to five persons appointed by the mutual agreement of the Lot Owners. Approvals hereunder shall not be unreasonably withheld, delayed or charged for. Any submission to the Architectural Committee shall be deemed approved thirty (30) days after submission unless the Architectural Committee denies such approval in writing within such thirty (30) day period. 2. Business. The types of uses permitted in Lots shall be of a commercial nature found in upscale commercial developments in Little Rock, Arkansas consistent with the C-3 General Commercial District zoning covering the Lots and not otherwise prohibited herein or by law or otherwise; provided, however, that, prior to April 1, 2008, Lot 3 may not be used for any purpose other than as a retail bank unless otherwise agreed in writing by the Architectural Committee. Except for the restrictions imposed on the use of Lot 3, nothing contained herein shall be construed to require any Owner to open or operate any form of business on any Lot for any period of time or at all. The uses prohibited on the Lots are: (a) Any production, manufacturing, industrial, or storage use of any kind or nature, except for storage of products incidental to the retail sale thereof from the Lots. (b) Undesirable entertainment or recreational facilities. As used herein, "undesirable entertainment or recreational facility" includes, a skating rink, massage parlor, discotheque, dance hall, teen club, night club, bar or tavern, flea market, head shop, pornographic or "adult" store, bowling alley, or tattoo or body piercing parlor or establishment. (c) Any use which creates a nuisance or materially increases noise or the emission of dust, odor (but not including restaurants which are otherwise Permitted), smoke, gases, does not preserve the "sprinkler" fire insurance rates, or increases explosion or radioactive hazards on adjacent Lots. operation; (d) Assembling, manufacturing, distilling, refining, smelting, agriculture, or moving 2 (e) Any mobile home or trailer court, labor camp, junk yard, stock yard, animal raising or veterinary hospital, except the temporary use of construction trailers during the period of construction, reconstruction or maintenance shall also be permitted; (f) Any drilling for, in or removal of subsurface substances; (g) Any dumping, disposing, incinerating or reduction of garbage or refuse (exclusive of garbage compactors located in the rear of any building); (h) Any fire sale, going out of business sale, bankruptcy sale (unless pursuant to a court order) or auction hours operation; (i) Any outdoor circuses, outdoor public meetings, or commercial laundry plants; 0) Any "second hand" store, Army, Navy or government "surplus" store, except for upscale -type stores; and (k) Any pawnshop, a business whose primary activity is check cashing, paycheck loan operation, or the like. The restrictions imposed under this Paragraph 2 shall be a servitude upon the Lots and shall be binding upon any person acquiring an interest in any part of the Lots, whether in fee, by lease or otherwise. The restrictions contained in this Paragraph 2 may not be amended except with the unanimous written consent of the Owners of each Lot. 3. Com liance with Governmental Restrictions. The construction of any buildings or improvements on any Lot shall comply with and be subject to all building codes, zoning ordinances and restrictions imposed by the City of Little Rock, Arkansas Highway and Transportation Department and any other federal, state, county or local authority and any restrictions having jurisdiction over the Property. No Fee Owner shall permit any of Fee Owner's employees, agents, licensees, customers, invitees or other third parties to use the access driveway from Colonel Glenn Road for parking. 4. Rou Grading and Construction of Improvements. Within thirty (30) days of the filing of this Declaration, the Fee Owner of Lot 3 shall cause Lot 3 to be rough graded in a manner consistent with the development of Lots 1 and 2 of the Colonel Glenn Plaza Addition. In addition, the Fee Owner of Lot 3 shall commence construction of the bank building and improvements to be located thereon on or before March 31, 2004, and shall diligently work to complete the building and improvements in a timely manner after construction begins. 5. Common Maintenance and LandsWing Services. The Fee Owner of each Lot shall be responsible for its pro rata share of the reasonable costs of maintaining the common driveway and access roads from Colonel Glenn Road and any common lawn maintenance and landscaping of each Lot shown on the Plat 3 along its boundary adjoining the common drive from Colonel Glenn Road (as depicted on Exhibit "A-2'). The pro rata share allocated to each owner of a Lot shall be based on the pro rata square footage of such owner's Lot compared to the total square footage of all Lots shown on the Plat, which for purposes of this Declaration shall be as follows: Lot 1 24% Lot 2 55% Lot 3 21 % Such costs and assessments against any Lot may be enforced against the Fee Owner of such Lot in accordance with Paragraph 7 below. In the event the Architectural Committee determines it is in the best interest of the Owners of the Colonel Glenn Plaza Addition Lots shown on the Plat, and if such Owners approve, the Architectural Committee may appoint a third party as agent ofthe owners to maintain the common driveway and the lawn maintenance and landscaping, the owner of each Lot shall be responsible for its pro rata share of the costs described in this Paragraph 5. Owners' approval of the appointment of a third party agent will not be unreasonably withheld. 6. Initial Access Improvements. The Fee Owner of each Lot shall reimburse the Grantor for such Lot's pro rata share of the initial construction and development costs of improvements required to provide access to Lots (the "Access Improvements"), including, but not limited to, the common driveway, site improvements for such access driveways, sewer, drainage, curbs and guttering, sidewalks, turn -in and access lanes from Colonel Glenn Road and other costs directly associated with providing access to the Lots, including engineering fees and other soft costs and such other improvements as required by the City of Little Rock. The foregoing notwithstanding, Grantor acknowledges that in lieu of the reimbursement obligations imposed on Lot 3 under this Declaration, the Fee Owner of Lot 3 has paid the Grantor $38,894.42 in satisfaction of Lot's 3's obligations to fund it's pro rata share of the Access Improvements. 7. Enforcement of Obligations. In the event legal proceedings are brought or commenced to enforce any of the terms of this Declaration against any owner or other person with an interest in a Lot, the successful party in such action shall be entitled to receive and shall receive from the defaulting Owner any and all damages permitted by law, plus a reasonable sum as attorneys, fees and costs, to be fixed by the court in the same action. In the event the Fee Owner of Lot 3 has not commenced construction of the building and improvements prior to March 31, 2004, then until such time as construction on the building and improvements is commenced, Grantor shall have a right of first refusal on any subsequent contract for the sale of Lot 3 that is entered into by such Fee Owner. Grantor's exercise of any right of first refusal shall be made within three (3) 4 business days of Grantor's receipt of notice of the proposed sale from the Fee Owner of Lot 3 setting forth the terms and conditions of the offer. If the right of first refusal is exercised, the purchase price, other terms and timing of the closing shall be as set forth in the third party offer. Additionally, in the event construction has not commenced prior to March 31, 2004, Grantor shall have the right to repurchase Lot 3 at an amount equal to the purchase price thereof paid to Grantor, plus the costs of the rough grading and other common site improvements allocated to Lot 3 and paid by the Fee Owner, plus interest from the date of the Fee Owner's acquisition of Lot 3 from Grantor through the closing date of the repurchase at the rate of five percent (5%) per annum. Grantor's exercise of the repurchase option shall be made by delivery of written notice to the Fee Owner of Lot 3 on or before April 15, 2004, and any such repurchase shall close on or before May 31, 2004. 8. Duration. Unless otherwise canceled or terminated, all of the easements granted in this Declaration shall continue in perpetuity and all other rights and obligations hereof shall automatically terminate and be of no further force and effect ninety-nine (99) years after the date of filing hereof. 9. Modifications. All negotiations and oral agreements acceptable to the Grantor have been incorporated herein. Except as otherwise provided herein, this Declaration may not be modified in any respect whatsoever or rescinded, in whole or in part, except by a writing executed by the Grantor and then current Owners of the Lots. 10. Miscellaneous. (a) Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of any Lot to the general public or for any public purposes whatsoever, it being the intention of the Grantor and the Owners that this Declaration shall be strictly limited to and for the purposes herein expressed. (b) Severability. If any term or provision of this Declaration or the application of it to any person or circumstance shall to any extent be invalid and unenforceable, the remainder of this Declaration or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each term and provision of this Declaration shall be valid and shall be enforced to the extent permitted by law. (c) Governing Law. This Declaration shall be construed and enforced in accordance with, and governed by, the law of the State of Arkansas. (d) No Presumption. This Declaration shall be interpreted and construed only by the contents hereof and there shall be no presumption or standard of construction in favor of or against any Owner. (e) Inurement. This Declaration and the easements, covenants, benefits and obligations created hereby shall inure to the benefit and be binding upon each owner, and their respective successors and assigns. (f) Other Agreements. Nothing herein shall restrict an Owner from imposing upon a tenant of such Owner's Lot more restrictions and/or higher standards than set forth herein. (g) Subdivision and Zoning Ordinances. Notwithstanding any provision hereof to the contrary, any lawful restrictions imposed by the City of Little Rock which is more restrictive on use than the provisions hereof shall be applicable and shall supersede the provisions hereof. (h) Entire Agreement. This Declaration constitutes the entire agreement regarding this subject matter between the Parties hereto. The Parties do not rely on any statement, promise or representation not herein expressed, and this Declaration, once executed, delivered and filed, shall not be modified or altered in any respect except as provided herein. (i) No Third Party Beneficiaries. No party, other than the Owners and Boen Enterprises LLC, as Grantor, shall have any rights or benefits of this Declaration. IN WITNESS WHEREOF, this Declaration has been executed as of the date first above written. Roviav%red cnly for indusion of minimum standards require4 by the City of U-03 Rock subdivisi^n ,ogulat1cr.�. Bill of Asvu.ran-co pzcvisicris rstabiishcd3 b„ t .. develop may exce d r;,ir.imE Z_"s of t;ic Little Rock subdvision and zoning cr dinancc 5��i1o3 City of Little Rock I?! nrf Commission 6 Boen Enterprises LLC By: Zoe- --/17 _ Leonard Boen, Manager 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 in person the within named Leonard Boen, to me personally well known, who stated that he was the Manager of BOEN ENTERPRISES LLC, an Arkansas limited liability company, and that he was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said limited liability company, 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, 1 have hereunto set my hand and official sea[ this day of 2003. =;"t-z Notary Pub Ec 7 Doc# 2003041941 EXHIBIT A-1 PROPERTY DESCRIPTION PART OF THE NE1/4,NE1/4,SECTI❑N 21,T-1-N, R-13-W, PULASKI COUNTY. ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS: C❑MMENCING AT A PIPE MARKING THE NORTHWEST CORNER OF THE NE1/4, NE1/4, SAID SECTION 21; THENCE S86°00'47'E ALONG THE NORTH LINE OF SAID NE1/4, NE1/4, 35.84' TO AN IRON PIN ON THE EAST RIGHT- OF-WAY LINE OF INTERSTATE ROUTE #I-430 AND THE POINT OF BEGINNING; THENCE S85°53'25'E AND C❑NTINUING ALONG SAID NORTH LINE. 397.70' TO AN IRON PIN; THENCE S02°37'17°W, 520,08' TO AN IRON PIN ON THE NORTH RIGHT-❑F-WAY LINE OF COLONEL GLENN ROAD; THENCE N89°14'53"W ALONG SAID NORTH RIGHT-OF-WAY LINE 16.36' TO AN !RON PIN; THENCE N64°36'28'W AND CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE, 109,40' TO A CONCRETE MONUMENT WITH BRASS CAP; THENCE N81'20'00'W AND C❑NTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE, 253,07' TO A CONCRETE MONUMENT ON THE EAST RIGHT-❑F-WAY LINE OF SAID INTERSTATE ROUTE # I-430 THENCE; N00°55'52°W ALONG SAID EAST RIGHT-OF-WAY LINE, 462,84" TO THE POINT OF BEGINNING. CONTAINING 4.230 ACRES MORE OR LESS. City of Little Rock Planning and Development Filing Fees Date: � (,_ , 20 03 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 — Public Hearing Signs Number at ,q O�� 2-c-M MA`S $ ea. ea. $ Total $ l File No. Location_4�,� Applicant ; By