HomeMy WebLinkAboutS-0969-J Application1111111111111111111111111111111111111 2017082490
PRESENTED 12-28-2017 0995 52 AM RECORDED 12.20-2017 10 09 54 AM
In Official Records of Larry Crane Circuil/County Clerk
PULASKI CO. AR FEE $110.00
'This Instrument Prepared by
Price C. Gardner
FRIDAY, ELDREIZE & CLARK, LLP
400 West Capitol Avenue, Suite 2000
Little Rock, Arkansas 72201
DECLARATION OF RESTRICTIONS AND COVENANTS
FOR CHENAL PARK CENTRE
(LOT 2 AND DEVELOPMENT PROPERTY)
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THIS DECLARATION OF RESTRICTIONS AND COVENANTS (this "Declaration") is made as of
the Z n day of ►)eT4M/?Cy42017, by Chenal Park Centre, LLC, an Arkansas limited liability company
(hereinafter referred to as the "Grantor").
RECITALS
W HR EAS, the Grantor is the owner of certain property containing approximately 6.208 acres located
on Chenal Parkway, Little Rock, Pulaski County, Arkansas, which is more particularly described on Exhibit
A -I attached hereto and made a part hereof (collectively referred to as the "Development Property");
WHEREAS, the Grantor has caused a portion of the Development Property to be surveyed by
Crafton, Tull & Associates, Inc., and a Final Plat thereof dated November 22, 2017, identified by the title
"Final Plat of Lot 2, Chenal Park Centre," as more particularly described on Exhibit A-2 attached hereto, and
made a part hereof and bearing the signature and seal of Jason H. Grayham, Registered Professional land
Surveyor, and Bradley A. Peterson, as Registered Professional Engineer, to be prepared and filed of record as
Instrument Number i-TOUA9 I, on December 2e; , 2017, in the records of the Circuit Clerk of
Pulaski County, Arkansas, a copy of which is attached hereto as Exhibit A-3 and made a part hereof;
WHEREAS, the Grantor intends that the remaining portion of the Development Property will be
subdivided and final plated into one or more separately drawn lots, each Lot to be more particularly described
on the final plat filed with respect to such Lot or subdivision thereof (the "Final Plat"); and
WHEREAS, the Grantor desires to file this Declaration to further protect the Grantor's interests and
the interests of others which may' in the future become Owners of a Lot or portion of the Development
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THIS DECLARATION OF RESTRICTIONS AND COVENANTS (this "Declaration") is made as of
the Z n day of ►)eT4M/?Cy42017, by Chenal Park Centre, LLC, an Arkansas limited liability company
(hereinafter referred to as the "Grantor").
RECITALS
W HR EAS, the Grantor is the owner of certain property containing approximately 6.208 acres located
on Chenal Parkway, Little Rock, Pulaski County, Arkansas, which is more particularly described on Exhibit
A -I attached hereto and made a part hereof (collectively referred to as the "Development Property");
WHEREAS, the Grantor has caused a portion of the Development Property to be surveyed by
Crafton, Tull & Associates, Inc., and a Final Plat thereof dated November 22, 2017, identified by the title
"Final Plat of Lot 2, Chenal Park Centre," as more particularly described on Exhibit A-2 attached hereto, and
made a part hereof and bearing the signature and seal of Jason H. Grayham, Registered Professional land
Surveyor, and Bradley A. Peterson, as Registered Professional Engineer, to be prepared and filed of record as
Instrument Number i-TOUA9 I, on December 2e; , 2017, in the records of the Circuit Clerk of
Pulaski County, Arkansas, a copy of which is attached hereto as Exhibit A-3 and made a part hereof;
WHEREAS, the Grantor intends that the remaining portion of the Development Property will be
subdivided and final plated into one or more separately drawn lots, each Lot to be more particularly described
on the final plat filed with respect to such Lot or subdivision thereof (the "Final Plat"); and
WHEREAS, the Grantor desires to file this Declaration to further protect the Grantor's interests and
the interests of others which may' in the future become Owners of a Lot or portion of the Development
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Property (each an "Owner"). Grantor and those future 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 "Covenants") as are hereinafter set forth, subject to which all of the
Development Property 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:
Design and Construction of Buildings. in addition to the restrictions and approvals required
by law, the following additional restrictions and covenants shall apply to the construction of improvements on
the Development Property:
(a) Grantor must approve all initial construction on any Lot, including architectural theme,
design, color, access and parking;
(b) Roofs on all single story structures shall be metal and consistent in color an appearance
to the building. Roofs on buildings that are more than one story shall be constructed materials typically used
in the construction of upscale multi -story office and commercial buildings located in Little Rock, Arkansas.
No asphalt, wood or other shingles shall be used on the roof of any building located on any Lot covered by
this Declaration. If following initial construction of buildings on any 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, such remodeling or rebuilding shall be subject to the approvals required under this
Paragraph 1;
(c) Once initiated, all building construction must be diligently prosecuted to completion;
(d) Any rooftop equipment shall be appropriately screened;
(e) All exterior dumpster or trash disposal locations shall be completely encased with a
fence or other solid wall constructed of materials used in the construction of the Owner's building and similar
in style and appearance and gated such that such dumpsters or trash containers are not visible from the other
property adjacent to any Lot;
(f) No wood fencing shall be permitted and brick, block or split face block fencing shall be
permitted consistent with the appearance of the buildings and improvements on any Lot;
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(g) No free standing satellite dishes or antennaes not attached to the building on any Lot
shall be permitted and any such satellite dishes or antennaes located on the roof or attached to any building
shall not be visible from the front of such building;
(h) All above ground irrigation equipment, including RPZ Valves, shall be covered and
enclosed from view;
(i) in the event the improvements on any Lot are destroyed or damaged by fire or other
casualty, the Owner ofsuch any Lot shall proceed with due diligence to repair and rebuild such improvements
in a timely manner. In the event such Owner elects not to rebuild on the Lot within forty-five (45) days of
such damage, then such any Lot shall be cleared of all debris, including the former foundation ofany building
constructed thereon, and all non paved areas shall be covered with sod or other landscaping materials
consistent with the appearance of any other unimproved lots located within the Development Property, if any.
The foregoing notwithstanding, the Owner shall restore all paved areas on the Lot required to provide the
moss access described in this Declaration; and
0) In the event the Development Property attains LEED Certification eligibility pursuant
to the Leadership in Energy and Environmental Design (LEED) Green Building Rating SystemTM established
by the U.S. Green Building Council, all construction of new buildings and renovations of existing buildings
occurring from and after the effective date of the certification eligibility shall be constructed in accordance
with the specifications and requirements for LEED certification based upon LEED rating established for the
Development Property,
2. Use. The types of uses permitted on the Development Property shall be of a general office,
retail, religious, educational and/or commercial nature found in office, retail, educational and commercial
developments in Little Rock, Arkansas, consistent with the C-2 zoning covering the Lot and not otherwise
prohibited herein below; provided, nothing contained herein shall be construed to require any Owner to open
or operate any form of business in the Development Property for any period of time or at all, but it may
operate any form of business not prohibited herein or by law or otherwise. The following uses shall also be
specifically prohibited on the Development Property regardless of zoning:
(a) Undesirable entertainment or recreational facilities. As used herein, "undesirable
entertainment or recreational facility" includes, a skating rink, massage parlor, discotheque, dance hall, teen
club, free standing night club, bar or tavern not located within a restaurant, hotel or motel constructed on the
Lot, flea market, head shop, pornographic or "adult" store, or tattoo or body piercing parlor or establishment:
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(b) 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;
(c) Distilling, refining, smelting, agriculture, or moving operation;
(d) Any mobile home or trailer court, labor camp, junk yard, stock yard or animal
raising, except the temporary use of constt'tiction trailers during the period of construction, reconstruction or
maintenance shall also be permitted;
(e) Any drilling for, in or removal of subsurface substances;
(f) Any dumping, disposing, incinerating or reduction of garbage or refuse (exclusive of
garbage compactors located in the rear of any building);
(g) Any fire sale, going out of business sale, bankruptcy sale (unless pursuant to a court
order) or auction hours operation;
(h) Any outdoor circuses, outdoor public meetings, or commercial laundry plants;
(i) Any "second hand" store, Army, Navy or government "surplus" store, except for
upscale -type stores;
0) Any business or facility used in the growing, grading, delivery, transferring,
supplying, dispensing, distributing or selling or marijuana or any synthetic or artificial cannabinoids, whether
by prescription medical recommendation or otherwise, and whether consisting of live plants, seeds, seedlings
or processed or harvested portions of the marijuana plant or any herb used in the production of any synthetic
or artificial cannabinoids; 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 each Lot and shall be
binding upon any person acquiring an interest in any part of any Lot, whether in fee, by lease or otherwise.
The restrictions contained in this Paragraph 2 may not be amended without written consent of the Grantorfor
so long as the Grantor owns an interest in the Development Property, and thereafter a Majority of the Owners
of the other lots reflected on the Final Plat(s) of such Lots, as may be hereafter amended or modified (with
such majority in interest being determined based on the respective square footage of such lots).
3. Compliance 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,
Environmental Protection Agency, U.S. Army Corps of Engineers, Arkansas Department of Environmental
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Quality, Arkansas Department of Health and any other federal, state, county or local authority and any
restrictions having jurisdiction over the Development Property.
4, Landscaping, Each Owner will be responsible for the design, development and maintenance
of the landscape on the Owner's Lot and continuous planting areas .within the various rights of way and
easement areas affecting said Owner's Lot. Contiguous lots owned by any Owner reserved for future
expansion shall have the required landscape areas fronting on any city streets between the sidewalk area and
the right of way of said streets fully developed at the times of tine Initial Use of the Owner's improvements on
a contiguous parcel. Mowing of any undeveloped parcels shall be required at least bi-weekly during the
growing season. Dead or extensively damaged trees, ground cover or shrubs shall be replaced within thirty
(30) days after damage with substantially identical trees, ground cover, or shrubs, etc., subject to deferral of
replacement based upon seasonal conditions. In addition to the foregoing restrictions, with respect to those
Lots which front Chenal Parkway, the Owner of such Lot shall install between the sidewalk and curb of such
street (the "right of way area") solid zoysia sod (Meyer Z-52) or other equivalent approved by the Grantor
together with an appropriate irrigation system to water the same. Such additional shrubbery or ground covet -
may be installed within this right of way area at the Owner's discretion. The foregoing notwithstanding, the
Grantor shall have the right to install all such sod and irrigation system within the right of way area and treat
such irrigation cost (but not the initial installation cost) as a common maintenance expense described in
Paragraph 12(e) below. Each Owner shall be responsible for mowing and maintaining tine right of way area
on its Lot in a manner consistent with such Owner's overall maintenance and mowing of remaining
landscaping on such Lot. Provided, however, in the event that such Owner fails to maintain such right of way
area in accordance with the standards exhibited by the other Owners of Lots having frontage on Chenal
Parkway, the remaining shall have tine right to assunne the irrigation, maintenance and mowing responsibilities
within said right of way area and shall directly charge the costs allocable thereto to the Owner of such Lot.
S. Drainage, Utility and Service Easements. Grantor grants and subjects the Development
Property to and grants for the benefit of the Lots, perpetual, nonexclusive easements within the Utility
Easement Areas as shown on the Final Plat(s) for the installation, operation, flow, passage, use, maintenance,
connection, repair, relocation, and removal of underground lines or systems for utilities serving any or all of
the other Lots, including but not linnited to, sanitary sewers, stormwater drains, cable TV, water (fire and
domestic), irrigation, gas, electrical, telephone and communication lines, together with the right of ingress and
egress for installation, maintenance and repair thereof necessary for the orderly development and operation of
the property and tine Lot in accordance with the general requirements of the Final Plat(s). No easement shall
be deemed granted under any building area shown on tine Final Plat(s) or under any building actually
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constructed.
All construction, alteration, and repair work to any utility described in this Paragraph 5 shall be
accomplished in an expeditious manner, in compliance with all laws, rules, regulations, orders, permits,
approvals and licenses of governmental authorities having jurisdiction. Such construction of any utilities by
Grantor or any Owner shall be subject to the construction standards required to cause acceptance thereof by
the City of Little Rock, Arkansas Department of Health or utility service provider, as the case may be. The
Owner undertaking such work shall take all reasonably necessary measures to minimize any disruption or
inconvenience caused by such work and, except in the case of an emergency, shall give the affected Owners
and tenants written notice a minimum of seventy-two (72) hours prior to commencing such work. Such work
shall be accomplished in such a manner as to minimize any damage or adverse effect which might be caused
by such work to the Lot on which the work is being done. If such work requires excavation of any portion of
any road, the Owner causi ng such work to be done shall use all reasonable efforts to cause such excavation to
commence and be completed during hours when the business places in the Development Property are not
open for business to the public and, in any event, shall provide suitable alternative ingress and egress
immediately adjacent to said road if it is not practical to keep at least one lane ofsaid road open during the
work. Any excavation of any access roadway within the Development Property shall be properly backfi lied
within twenty-four (24) hours, if reasonably practical. The Owner undertaking such work shall repair at its
own cost and expense any and all damage caused by such work and, upon completion of such work, shall
promptly restore the affected portion of the Development Property or the Lot upon which such work is
performed to a condition which is equal to or better than the condition which existed prior to the beginning of
such work. In addition, the Owner undertaking such work shall promptly pay all costs and expenses
associated therewith and shall defend, indemnify and hold the other Owners harmless from all liens, claims of
lien, injuries, damages, losses, or claims, including reasonable attorney's fees actually incurred at trial and
appellate levels, attributable to the performance or non-performance of such work. No Owner shall undertake
construction activity on another Owner's Lot or the Development Property not owned by such Owner without
the prior consent of such Owner.
6. Water Flow and Sanitary Sewer.
(a) Flow of Water. Grantor hereby reserves, grants, conveys, establishes and declares for
the benefit of each Lot, a permanent, non-exclusive easement on, over, upon, across, under and through any
portion of the Lot for the benefit of the other Lots, as reasonably necessary for surface water run-off and,
within any portion of each Lot which is not a building area, for the Construction, installation, use,
maintenance and repair of any underground drainage system to receive surface water from the benefited Lot
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and conduct such water over or under each Lot as necessary to a discharge area. The Owner of each Lot shall
determine in its sole, but reasonable, discretion the most effective location for drainage purposes for the
placement of any and all components of such underground drainage system to be located on its Lot (the
"Drainage Plan") and shall submit the Drainage Plan to the Grantor for review and approval. Following
approval, each Owner hereby agrees to the location for such improvements as shown on the approved
Drainage Plan and once any drainage line or lines have been installed on any Lot or otherwise, the portion of
the applicable Lot encumbered by such easement granted in this paragraph shall be limited to the area within
ten (10) feet on either side of the center line of such drainage line. Notwithstanding anything contained
herein to the contrary, in no event shall any owner of any Lot be permitted to change the natural flow of the
surface water run-off from such Lot in any manner which increases the concentration of such surface water
run-off onto an adjoining Lot.
(b) Storm Water System. Each Owner will construct on such Owner's Lot and shall thereafter
maintain at such Owner's sole cost and expense, the improvements necessary to control the storm water run-
off from such property and to transport the same under or across the Development Property to storm water
sewer shown on the Site Plan and in accordance with the Drainage Plan. Each Owner shall indemni fy and
hold the Grantor and other Owners of Lots from and against any and all damages suffered by the Owner of
the Lot including response costs, environmental clean-up costs and attorneys' fees and costs resulting from
any environmental contamination to such Owner's Lot which contamination came from, over, under or across
that respective Owner's Lot.
(c) Sanitary Se_wcr. Grantor will provide sewer to the property line of each Lot at such
location as deemed most efficient in the discretion of the Grantor and each Owner shall thereafter maintain
each at its sole cost and expense, that portion of the sanitary sewer system serving the Development Property
located on such Owner's Lot. Once any portion of said sanitary sewer line has been dedicated to and the
responsibility for the maintenance thereof accepted by the appropriate government authority, then the
maintenance responsibility set forth hercin with respect to such portion shall automatically terminate.
7. Retaining Walls. Each Owner shall be responsible for constructing and maintaining any
retaining wall located along the western boundary of such Owner's Lot. If following initial construction of
the retaining wal I on any portion of the Development Property, the wall is damaged, then the Owner of the
Lot on which such damaged area exists shall be responsible for the repair of such wall and shall do so in a
prompt manner so as not to cause any additional damage to the wall or the structural integrity of the entire
retaining wall. Once initiated, all wall construction, maintenance or repairs must be diligently prosecuted to
completion.
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8. Access Easements. Grantor does hereby dedicate, create, establish and declare a private,
perpetual, non-exclusive easement over, through, upon and across the paved areas of each Lot to serve as a
means of vehicular access and way of ingress and egress for the use and benefit of the present Owner and
future Owner(s) of each Lot and Development Property, their tenants and their respective employees,
contractors, mortgagees, customers, sub -tenants, licensees and invitees, in the full use and enjoyment of the
Development Property on the following terms and conditions:
(a) Grant of Access. I tigress and .Egress Casement. Grantor does hereby dedicate, create,
establish, and declare a private, perpetual, non-exclusive access, ingress and egress easement over, till-ough,
upon and across the paved portion of each Lot that is not specifically designated and stripped as a parking
space or no parking area (tile "Access Drive Areas") necessary to provide and serve as a means of vehicular
access and way of ingress and egress to and from Chenal Parkway for the use and benefit of the present
Owner and future Owner(s) of each Lot and Development Property, their tenants and their respective
employees, contractors, mortgagees, customers, tenants, licensees and invitees, in the full use and enjoyment
of each Lot and Development Property. The Access Drive Areas on each Lot may also be specifically
designated on the Final Plat of such Lot.
(b) Construction of Access Drives. The Access Drives, site improvements for such
access driveways, drainage, sewer, curbs and guttering, sidewalks, turn -in and access lanes shall be
constructed in accordance with the standards established by the Grantor and sufficient to meet the standards
acceptable to the City of Little Rock, Arkansas. Grantor shall have no obligation for the costs of any Access
Drives other than except as set forth herein and all such Access Drives necessary to provide access to each
Lot shall be paid for by the Owner of such Lot. The timing and installation of the Access Drive shall be
determined based on development of each Lot to be serviced by such access and all such Access Drives
necessary to access each Lot shall be completed prior to the date such Owner receives a certificate of
occupancy for the use of any improvements constructed on such Lot. The Grantor shall not be required to
install any traffic signals on Chenal Parkway.
(c) Maintenance of Access Drive Area. The Access Drive Areas shall be maintained by
the Owners of each Lot and Development Property in good condition and repair at their sole cost and expense.
The foregoing notwithstanding, at the election of Owners Association, the maintenance costs of the Access
Drive Areas located between any curb cuts on Chenal Parkway may be handled as a common area expense
among those Lots being served by such curb cut in accordance with the provisions of Paragraph 12 below as
it relates to common maintenance obligations. However, no Owner shall be responsible for repairing any
damage within the Access Drive Area directly resulting from another Owner's or its successors' delivery
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trucks or other actions of such Owner, its successors, mortgagees, tenants, assigns, contractors, licensees,
invitees or employees. The Owneror tenant carising such damage shall be responsible for repairing any such
damage and the failure to do so shall be subject to the Owner of the affected Lot having the enforcement
rights set forth in Paragraph 9 below.
(d) iUiuuiai Obligations. Grantor and Ownerof each Lot and Development Property shall
use the Access Drive Areas with due regard for the rights of each other. Grantor and the Owner of each Lot
and Development Property hereby agree to keep tine easement areas free of obstacles or obstructions which
would prevent or hinder the free passage of vehicular traffic within or across the easement areas. No parking
shall be permitted in the Access Drive Areas. Grantor and the Owner of each Lot agree not to place barriers
or blockades between their respective parcels and the easement areas. Notwithstanding the foregoing, nothing
in this Agreement shall be construed as limiting either party's ability to use the easement areas for delivery by
its trucks. Neither party, nor its Successors, mortgagees, lessees, assigns, tenants or employees shall be
permitted to park vehicles on the other party's parcel. if either party fails to repair or maintain the easement
area on its parcel, then the other party shall have the right, but not the obligation, to repair or maintain that
portion of the easement area on the other party's parcel at its own expense.
(e) Reservations. Each party hereby reserves the right to use the easement areas located
on its property for all purposes not inconsistent with the easements herein granted and to grant non-exclusive
easements to others for any purpose which shall not interfere with the easements herein granted.
(f) No Public Rights Created. Nothing herein shall create or be construed to create any
rights in and/or for the benefit of the general public in or to the easement areas.
(g) No Cross Parkin. No invitees, employees or agents of an Owner or any tenant of an
Owner shall have any right to park on the Lot of another Owner, except where the parties have made a
separate agreement.
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 any 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. Grantor, for so long as Grantor owns any portion of the Development Property, and
thereafter a Majority of the Owners of the other lots reflected on the Final Plat, as may be hereafter amended
or modified (with such Majority in Interest being determined based on the respective square footage of such
Lots) shall have the right to commence any action to enforce the obligations of the Owner under this
Declaration.
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10. No re -Plat Subdivision or Re -Zoning of Lot Permitted. Grantor reserves the right to final
plat, re -plat, and/or subdivide all or any portion of any Lot so long as Grantor is the Owner of such Lot.
Following initial acquisition of a Lot from the Grantor, no Owner of such Lot shall be permitted to re -plat,
subdivide or re -zone any portion of such Lot during the term this Declaration is in effect without the without
written consent of the Grantor for so long as the Grantor owns an interest in the Development Property, and
thereafter a Majority of the Owners of the Development Property reflected on the Final Plat(s) of the
Development Property (determined based on the respective square footage of the Lot), as may be hereafter
amended or modified. Any such requested consent may be withheld in the sole and absolute of the Grantor or
other Lot Owners as the case may be.
1 l . 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 in writing executed by the Grantor, for so long as
the Grantor owns an interest in any of the Development Property and then thereafter by a Majority in Interest
of the Owners of the Development Property, based upon the respective square footage of the Lot located
within the Development Property compared to the total square footage of the Development Property.
12. Common Maintenance Expenses
(a) Payment of Pro Rata Share. The Owner of each Lot located within the Development
Property described in Exhibit "A- l" shall be responsible for their respective pro rata share of the costs of any
common lawn maintenance, irrigation and landscaping; utilities and maintenance of any development sign or
sign easement area designated on a Lot or off of the Development Property for the benefit of the Owners;
maintenance, irrigation and landscaping of any portion of a Lot shown on the Final Plat along its boundary
adjoining Chenal Parkway between the sidewalk and right of way of such road to the extent an Owner fails to
do so as required under Paragraph 4 above; the installation, maintenance and utility costs of any entrance or
parking lot lighting along Chenal Parkway approved by the Owners, if any, including the reasonable
administrative fees for overseeing the handling of the common areas, if any, and obligations hereunder by a
third party agent, and such other common expenses approved by the Majority in Interest of Owners. The "Pro
Rata Share" for each Lot shall be determined based upon the respective square footage of such Lot divided by
the total square footage of all Lots. The Owners representing a Majority in Interest of the Development
Property described on Exhibit "A-1 ", shall approve any such costs, which approval shall be obtained prior to
incurring such costs. A vote of not less than a Majority in hlterest of the Owners shall be required to approve
any such actions. Such costs and assessments against any Lot may be enforced against the Owner of such Lot
in accordance with Paragraph 9 above and shall constitute a lien on such Lot if unpaid within thirty (30) days
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of the date of invoice, The Owners shall be billed for such charges, if any, not less than semi-annually (or as
otherwise approved by a Majority in interest of the Owners) and shall pay all invoices within thirty (30) days
of receipt.
(b) Owners' Association.
(i) Formation of Owners' A sociation Annual Meetin and Votin . Effective
upon the filing of this Declaration, the Grantor and the Owner hereby form an Owners' Association to be
known as the "Chenal Park Centre Owners Association" (the "Owners' Association") for purposes of
administering, enforcing and overseeing the respective rights, duties and obligations of the Owners under the
Declaration. The Owners' Association shall not incorporate, but instead shall operate as an unincorporated
association. Once formed, each Owner (including Grantor) and its successors in interests, shall be a member
of the Owners' Association pursuant to the terms of this Declaration. The Owners shall hold a meeting not
less than annually at such time and place as the Board of Managers may decide. Notice of such annual
meeting shall be sent to each Owner not less than ten (10) days prior thereto. in any action requiring a vote of
the Owners, each Owner's vote shall be based upon such Owners' Pro Rata Share of the total gross square
footage of all Lots contained within the Development Property. The foregoing notwithstanding, the Owners
shall have the right to formally incorporate the Chenal Park Centre Owners Association upon the adoption of
Articles and Bylaws which are consistent with the governing provisions set forth in this Declaration and
containing such additional terms and conditions as approved by the unanimous consent of the Owners.
(ii) Board of Manages. The Owners' Association shall be governed by a Board
of Managers which shall be elected annually. Each Owner shall have the right to designate one representative
to the Board of Managers for each Lot owned by such Owner (i.e., if the Grantor owns three Lots, then the
Grantor would be entitled to appoint three representatives on the Owners' Association). Each Owner of a Lot
shall have the discretion to remove and replace its manager representative(s) in such Owner's sole and
absolute discretion. The Board of Managers shall meet on a semi-annual basis or as more frequently
determined necessary by tine Board of Managers in order to address the concerns of the Owners or to address
enforcement and administration of the Owners' obligations under this Declaration. In any action requiring a
vote of the Board of Managers, each manager shall have a voting right equal to one (1) vote with respect to
each Lot represented by such manager. A manager may represent more than one Lot and shall have the
cumulative voting rights of each Lot represented by such manager.
(iii) Dotes and Assessments. The Board of Managers shall have the discretion to
establish assessment or dues to be paid by the Owners to cover the cost to be paid by the Owners under this
Declaration and to determine the timing of such payments. The Owners' Association may also undertake
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such joint promotion of the Lots as approved by a Majority in Interest of the Owners. The foregoing
notwithstanding, any capital expenditure or non -recurring special assessment in excess of $5,000 in the
aggregate during any twelve (12) consecutive month period shall require the ratification and approval of
Owners voting in the aggregate not less than seventy-five percent (75%) of the pro rata share of the total gross
square footage of all lots contained within the Development Property.
(iv) Officers. The managing board shall, on an annual basis, designate officers of
the Owners' Association, which shall consist of a President, Secretary and Treasurer, and such additional
officers as may be approved by the Board of Managers. The offices of Secretary and Treasurer may be held
by the same person. The President shall be the chief executive officer of the Owners' Association and shall
preside at all meetings of the Board of Managers and Owners and perform all duties incidental to the office of
the President in overseeing the general day-to-day operation of the Owners' Association and such additional
duties as the Board of Managers designate. The Secretary shall attend all meetings of the Board of Managers
and Owners and shall keep frill and accurate records of all proceedings at such meetings, shall perform such
duties as are incidental to the office of Secretary and such additional duties which may be assigned to the
Secretary by the Board of Managers. The Secretary shall retain custody of all of the Owners' Association
record books. The Treasurer shall have charge of the Owners' Association funds and pay all of the Owners'
Association's bills, collect all monies due the Association and keep full and accurate books ofaccount and all
monies paid to and paid out of the Owners' Association. All such books and records shall be constantly open
to the inspection of the Owners and the Treasurer shall provide an annual financial statement and
reconciliation of the amounts received and paid out to the Owners. The Treasurer shall perform such duties as
are incidental to the office of Treasurer and all duties that the board of directors may from time to time assign
to the Treasurer. No bond shall be required for the Treasurer unless expressly required by the affirmative vote
of a Majority in Interest of the Owners.
13. Indemnification and Insurance
(a) Indemnification. To the extent ofsucli Owner's negligence, orwillf it or intentional
act, each Owner hereby indemnifies, defends and saves the other owners and tenants of the Development
Property harmless from any and all liability, damage, expense, causes of action, suits, claims or judgments
arising from personal injury, death, or property damage occurring on or fi•om its own tract, except if caused by
the act or negligence of the other Owner or tenant or invitee of the other Owner's property.
(b) Insurance. Owner agrees to procure or cause to be procured and maintained in full
force and effect throughout the term of this Declaration general public liability insurance and property
damage insurance against claims for personal injury, death or property damage occurring upon, in or about its
12
6112240-0
property, Owner's insurance to afford protection to the limit of not less than $1,000,000.00 for injury or death
of single person, and to the limit of not less than $2,000,000.00 for any one occurrence, and to the limit of
not less than $1,000,000.00 for property damage. I n tllc event that inflation renders the foregoing insurance
limits commercially unreasonable, then Owner shall carry insurance in commercially reasonable amounts.
At all times during the term of this Agreement, Owner shall or shall cause the improvements on its property to
be insured against loss or damage by fire and other perils and events as may be insured against under the
broad form of Uniform Extended Coverage Clause in effect from time to time in the state of Arkansas, with
such insurance to be for the full replacement value of the insured improvements.
(c) Waiver of Certain Rights. Owner hereby releases all other Owners for itself and its
property insurer from and against any and all claims, demands, liabilities or obligations whatsoever for
damage to each other's property or loss of rents or profits of the other resulting from or in any way connected
with any fire or other casualty whether or not such fire or other casualty shall have been caused by the
negligence or the contributory negligence of the Owner being released or by any agent, associate or employee
of the party being released, this release being to the extent that such damage or loss is covered by the property
insurance which the releasing Owner is obligated hereunder to carry, or, if the releasing Owner is not carrying
that insurance, then to the extent such damage or loss would be covered if the releasing party were carrying
that insurance.
(d) Contractor's Insurance. Prior to commencing any construction activities within the
Lot owned by such Owner, the Owner thereof shall obtain or require its contractor to obtain and thereafter
maintain so long as such construction activity is occurring, at least the following minimum insurance
coverage: (i) Workers' compensation - statutory limits;
($100,000);
(ii) Employer's Practices liability ("EPLI") - One Hundred Thousand Dollars
(iii) Comprehensive General and Comprehensive Auto Liability as follows:
(1) "Combined Single Limit" (covering bodily injury liability, death and property damage) in any one
occurrence of not less than One Million Dollars ($1,000,000); (2) Independent Contractors Liability or
Owner's Protective Liability with the same coverage as set forth in (1) above; (3) Products/Completed
Operations Coverage which shall be kept in effect for two (2) years after completion of work; (4) "XCU"
Hazard Endorsement, if applicable; (5) "Broad form" Property Damage Endorsements; (6) "Personal Injury"
Endorsements; (7) "Blanket Contractual Liability Endorsement. Provided, however, the Majority -in -Interest
of the Owners may increase the coverage amounts required hereunder.
13
61 1224o.v 1
If the construction activity involves the use of the Common Access Drives or another Owner's Lot,
then the Owners of such Lots shal l be named as additional insureds and such insurance shall provide that the
same shall not be canceled without at least thirty (30) days prior written notice to the named insured.
14. S i na e.
(a) Lot Owner's Signage. Each Owner shall have the right to maintain such signs on the
interior of buildings located on its Lot as it desires, whether or not such signs are visible from the exterior. As
permitted by applicable governmental regulations, each Owner shall have the right to erect, maintain and
replace freestanding signs or signs on the exterior of the buildings ("Building Signage'') located on its Lot;
provided, such Building Signage shall be constructed so as to lie flat against such exterior fascia facing
outward and shall not protrude more than two (2) feet from the surface thereof, and provided further, in no
event shall Building Signage be located on the roofs of any buildings in the Development Property without
the prior written consent of the Grantor for so long as Grantor owns any interest in the Development Property.
Building Signage shall be either back lit or front lit individual channel letter signs and shall be in accordance
with any city ordinances. No temporary standalone signage shall be permitted an any Lot along Clicnal
Parkway following the initial construction and occupancy of improvements on such Lot; provided, however,
such prohibition shall not include the placement of"For Lease", For Sublease" or "For Sale" or other similar
signs a Lot which are not intended to be permanent in nature and do not remain in place for more than sixty
(60) days without Grantor's prior consent so long as Grantor owns any portion of the Development Property.
(b) Prol2osed Development -S ii a e. The Grantor has reserved a sign easement areas on
proposed Lots 1 and 3 as shown Exhibit "B" and easements required to run utilities to such sign easement
area (the"Sign Easement Area") for the installation of one or more common developments signs for the
Development Property or all or any portion of the Owners of the Lots and the Development Property (the
"Development Lots"). The Sign Easement Area, if any, shall be as set forth on the Final Plat of the Lot that is
subject to such easements. If erected and such sign is to include individual signs identifying the
Development Lots (or such Development hots Owner's tenant's) business located on the Development Lot,
each Development Lots Owner shall have the right to locate a sign panel on the common development sign(s)
and each Development Lots Owner placing a sign panel thereon shall be responsible for the payment of a pro-
rata share of the initial cost of the common sign and thereafter the maintenance costs shall be treated as a
common expense described in Paragraph 12 above. Each Development Lots Owner shall be responsible for
the cost of their respective sign panels located on the sign. Tile sign area shall be allocated pro-rata among
the Development Lots Owners covered by such sign based on square footage of the Lot and rounded to size of
the nearest panel size. For example, if the Lot l Owner's area was 50.4% of the total area (3.13 acres/6.21
14
acres), and there were 10 panels (i.e., 50% of the sign area), the Lot 1 Owner would get the rights to five
panels. Similarly, the Lot 4 Owner with 19.34% of the total area, would have the right to two panels. The
rights and obligations of the Lot Owner participating in the development sign shall be deemed appurtenant to
the Lot and shall transfer and convey with any changes in ownership of the Lot after the sign has been
erected.
15. 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 and be
of no further force and effect ninety-nine (99) years after the date of filing hereof.
16. Miscellaneous.
(a) Not a Public_ Qedication. 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 Owners that this Declaration shall be strictly limited to and for the purposes herein expressed.
(b) SevirahiiityI If any tenn 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 tern 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 any
tenant of any 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) No Third Party Beneficiarie$. No party, other than the Owners and Grantor shall
have any rights or benefits of this Declaration.
1t8V;3i1F3d L ]jj tCr Il1CIW:1Gf� of
15 drsd by ttra City of LJttIQ Rock subdivi.*.'- s regrl^t on!,
BW ClASsutarim prv� jsicns n t: ,.51 ' ! y the
61122dU. I
�2Vd'o�3r nsay a ti minimum re inanca ,rig
Lir' lJock subdivision and Zon€n9
City of it a 1t PfanintConm!saion
IN WITNESS WHEREOF, this Declaration has been executed as of the date first above written.
GRANTOR:
CHENAL PARK CENTRE, LLC
By: _
se� 2�1 —
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 CHENAL PARK CENTRE, 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,
,Dr1e; ww1k rL , 2417.
I have hereunto set my hand and official seal this 271ay of
Notary Public
My Commission Expires:
/.p-/'7PZ
^^hfsrs�:ti _
PRICE C. GARQNER
NQmmission 012389626
+'••^ l "PIRCS: October 1. 2022
�'• 7w- Pulaski Count
16
6112240s 1
Exhibit A-1
Description of Development Property
SUBJECT PROPERTY DESCRIPTION: (A; I"E4 SURVE",
PAfiT OF THE VY:I/4 OF SECTION 6, TOWNSHIP 1 NORTH, `i,ANC',E ':i NiE`IT. IN THE CITY
OF LITTLE 'iOCK, PULASKI COUNTY. ARKA.N`:.A::. f.EING 1ACRE PARTICULARLY 2E`iCRIBEl:
AS FOLLOWS.
STARTIN , AT THE S00HWESiT CORNE'i OF LOT c+, CHENAL G.)MME ,'IAL :,ARK,
(RECORDED IN PLAT bC::K E, PACE ',25;; THENCE SOUTH 62 : EGREES C3 MINUTES ' G
SECOV;'3 EAST ALONG THE SCUTHERIv LIVE OF THE SAID LOT 5 A CISTANCE OF B6.85
FEET TC THE 'CINT OF 6E INNING; THENCE CONTINJINCi SWTH 62 -EGREES 09
MINUTES 53 SECONDS EAST ALONG THE SAID -;CUTHERLY LIVE OF LOT 5 A DISTANCE
OF 1515.9,' FEET; THEv::E ALUNC; SAID SOUTHERLY LINE ON A CURVE TO THE RI�,HT
HAVING A RADIUM CIF 316.72 FEET. .AN ARC LEW;TH OF 57.9.2 / FEET AND A CHO<U
%YHICH DEARS 5o TH 51 EGREES 06 MINUTES 24 SECONDS EAST V 8.139 FEET;
THENCE ALONG SAID SOJTHE'iLY LINE SOUTH 31 I!EG:iEES 54 :+INUTES / J SECONDS
EAST /.56 FEET. THEV!:E ALONG SAID SOUTHERLY L3\E ON A CUR`.-E TO THE LEFT
HAVING A RADIUS CF SCi.00 FEET, AN ARC LENGTH OF 45.ciH FEET ANC A CHORD
WHICH 13EARS SOUTH 16 3ECREES 28 MINUTES 42 SECCN:)' EAST 4)i:4 FEET TO A
POINT ON THE NORTHERLY RI.;HT OF riAY ;1F CHEN.AL (1p0' RIGHT OF WAY`;;
THENCE ALO\C SAID NORTHERLY RI'. --HT OF 'NAY UNE THE FOLLOWING COURSES AN_)
DISTANCES: (1; ALONG A "jRVE TO THE LEFT HAVING A RA:)IUS OF 724.07 FEET, AN
ARC. LENGTH OF '638 FEET AND A CHJR- WITH REAti S SOi.TH :+A DECREE, 10
MINUTES 13 SECONDS WEST 18 78 FEET; (2, THENCE SOUTH 57 DEGREES 42 �+IN .TES
33 SECONO S 'NEST 263.94 FEET; (3) THENCE ALON:; A CURVE TO THE :LIGHT HAVING; A
RAIALIS OF �:C4.93 FEET, AN ARC: LEV•CTH OF 57'.24 FEET AND A ;;HORO ''iHI..H HEARS
S;1UTH 77 DECREES 20 MINUTE`. 5? SEC:OV,!!; 'NEST 6 9." FEET; THENCE. LEA`/ING
SAID NORTHERLY RIGHT OF WAY LINE, NO'iTH '9 DEC:'iEE5 45 :MINUTES 21 SECONDS
EAST 5'2.78 FEET TO THE POINT OF :15ECINNINC.. TRACT CO\TAININ: 773,400 SQUARE
FEET OR 6.208 ACRES MORE OR LESS.
17
6112240.vI
Exhibit A-2
Legal Description of Lot 2
PART OF THE NW 1/4 OF SECTION 6, TOWNSHIP 1 NORTH, RANGE 13 WEST, IN THE CITY Ol�
LITTLE ROCK, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 5, CHENAL COMMERCIAL PARK,
(RECORDED IN PLAT BOOK E, PAGE 425); THENCE S 82'03'16" E ALONG THE SOUTHERLY LINE
OF THE SAID LOT 5 A DISTANCE OF 88.85 FEET; THENCE S 19°46'21" W A DISTANCE OF 366.45
FEET TO THE POINT OF BEGINNING; THENCE ALONG A CURVE TO THE LEFT, HAVING A
RADIUS OF 724.85 FEET AND A CHORD BEARING AND DISTANCE OF N 86037181, E, 180.38 FEET;
THENCE S 12002'51" E A DISTANCE OF 148.95 FEET; THENCE, ALONG A CURVE TO THE RIGHT,
HAVING A RADIUS OF 30.00 FEET AND A CHORD BEARING AND DISTANCE OF S 34033,58" W,
43.60 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF CHENAL PARKWAY; THENCE
ALONG SAI D RIGHT OF WAY, ALONG A CURVE TO THE. RIGHT, HAVING A RADIUS OF 904.93
FEET AND A CHORD BEARING AND DISTANCE OF S 89005'49" W 249.31 FEET; THENCE
LEAVING SAID RIGHT OF WAY N 19046'21" E A DISTANCE OF 185.83 FEET TO THE POINT OF
BEGINNING, CONTAINING 0.95 ACRES MORE OR LESS.
TO BE PLATTED AND KNOWN AS:
Lot 2, Chenal Park Centre Addition to the City of Little Rock, Pulaski County, Arkansas.
18
6112240.v l
Exhibit A-3
Copy of Final Plat of Lot 2
" Ym-
V.-AU V
-.1 MMI
!"ftTOMT2
19
61112240.0
Exhibit "Q"
Sign Easement Areas
J LOT 1 +
1 3.T3xCKAs / ��.• l '
f
6.21 +I- .�
ACRES TOTA�� L 0
1 r �
Lora
1 MAMS
y..
f LCT? `
M ACRES Ss JTS" ram'
�' i�'�'-,,,r'�� rf,6NCAs��sf►.If ALA = —
!
20
b 112240.v 1
Greg Sullivan
From: GURLEY, JOHN CURTIS <JG0866@att.com>
Sent: Wednesday, December 20, 2017 3:08 PM
To: Greg Sullivan
Subject: RE: Plat Review
Attachments: FINAL PLAT LOT 2-12-8-17-FOR REVIEW ONLY.pdf
AT&T approves the final plat of Lot 2, Chenal Park Centre, as shown in the attached file.
John Gurley
ATT
MGR OSP Engineering
Little Rock, AR
S01-373-3303
From: Greg Sullivan[mailto:Greg.Sullivan@craftontull.com]
Sent: Wednesday, December 20, 2017 3:04 PM
To: GURLEY, JOHN CURTIS <JG0866@att.com>
Subject: Plat Review
John,
I wanted to check with you on the status was of the plat I sent you on 12/08/17 for your review. It was the Final
Plat of Lot 2, Chenal Park Centre. Please let me know if you have any questions.
Regards,
Greg Sullivan, P.L.S.
Survey Supervisor
Crofton Tull
Direct: 501-748-8241 I Mobile: 501-773-5879
10825 Financial Centre Parkway, Ste 300
Little Rock, AR 72211-3554
www•. craftantLill.com
rTT'
,f lvin,'
Disclaimer
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are
addressed. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. Thank you, we appreciate
your cooperation.
Greg Sullivan
From:
Biggs, Shawn M <sbiggs@entergy.com>
Sent:
Friday, December 22, 2017 11:30 AM
To:
Brad Peterson
Cc:
Greg Sullivan
Subject:
RE: Final Plat, Lot 2, Chenal Park Centre
Attachments:
FINAL PLAT LOT 2-12-8-17-FOR REVIEW ONLY.PDF; C-106R1.pdf
Brad,
The attached Lot 2 final plot is approved as submitted.
Thank you,
Shawn Biggs P.E.
Engineer II
Entergy Arkansas, Inc
9 Entergy Court
Little Rock, AR 72211
501-954-5160
sbiggd@entei--gy.com
Customer Installation Standard
http:ljwww.entergy-arkansas.com/your businesslbuilder.aspx
From: Brad Peterson[mailto:Brad. Peterson@craftontull.com]
Sent: Friday, December 22, 2017 11:27 AM
To: Biggs, Shawn M
Cc: Greg Sullivan
Subject: RE: Final Plat, Lot 2, Chenal Park Centre
EXTERNAL D. DO NOTor open sender
unknown, or the message seems suspicious in any way. DO NOT provide your
user D or password.
Shawn,
A revised plan sheet with the correct pull box size noted is attached.
Could you please respond by email that the attached Lot 2 final plat is approved by Entergy as submitted? We will
provide easement for Entergy's facilities based on as -built locations.
Thanks,
1
Brad
Brad Peterson, P.E., CFM, LEED AP
Vice President I Infrastructure
0. Craffon Tull
Direct: 501-748-8246 1 Mobile: 501-258-7929
10825 Financial Centre Parkway, Ste 300
Little Rock, AR 72211-3554
www. craftontull.com
r-frM9n ,
Disclaimer
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are
addressed. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. Thank you, we appreciate
your cooperation.
From: Biggs, Shawn M Cmailto:sbigjgs@entergy.com]
Sent: Friday, December 22, 2017 8:52 AM
To: Brad Peterson <Brad.Peterson@craftontulI corn>
Subject: RE: Final Plat, Lot 2, Chenal Park Centre
Brad,
Theodis Thompson is out on medical leave, and I do not know when he will be returning. I can approve your plat with
the exception of the called for 4'X4' pullbox. This will need to be 4'x8'.
Thank you,
Shawn Biggs P.E.
Engineer II
Entergy Arkansas, Inc
9 Entergy Court
Little Rock, AR 72211
501-954-5160
slsi ggs(d7en to rgy. co m
Customer Installation Standard
httpJlwww,gnterg�L-arkansas.com/your businesslbuilder.aspx
From: Brad Peterson [mallta:Brad.Peterson@c-
-fkontu11.com]
Sent: Thursday, December 21, 2017 2:04 PM
To: Biggs, Shawn M
Subject: FW: Final Plat, Lot 2, Chenal Park Centre
EXTERNAL SENDER. ®O NOT click links, or open attachments, if sender is
unknown, or the message seems suspicious in any way. ®O NOT provide your
user I® or password.
Shawn,
We're attempting to get final approval for the final plat for Lot 2 of Chenal Park Centre. This is the project at 15200
Chenal Parkway to which power will be extended from Wellington Hills Road.
Would you be able to touch base with Theodis Thompson to be sure he's clear on what's happening with this project?
We would like to get the plat approved as soon as possible.
Thanks,
Brad
Brad Peterson, P.E., CFM, LEED AP
Vice President I Infrastructure
Crofton Tull
Direct: 501-748-8246 1 Mobile: 501-258-7929
10825 Financial Centre Parkway, Ste 300
Little Rock, AR 72211-3554
mm,.craftontull.com
Disclaimer
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are
addressed. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. Thank you, we appreciate
your cooperation.
From: Greg Sullivan
Sent: Thursday, December 21, 2017 9:21 AM
To: Brad Peterson <Brad.Peterson@craftontull.com>
Subject: FW: Final Plat, Lot 2, Chenal Park Centre
Greg Sullivan, P.L.S.
Survey Supervisor
�tkl � C�afton Tull
Direct: 501-748-8241 1 Mobile: 501-773-5879
10825 Financial Centre Parkway, Ste 300
Little Rock, AR 72211-3554
www.craftontLIll.COM
From: Greg Sullivan
Sent: Friday, December 8, 2017 10:33 AM
To: Andrew Townsend (andrew.towiisend@eenterpointenergy.com) <andrew.townsend@centerpointenergyxci n>;
Central Arkansas Water (Jason.Lowder@carkw.com) <Jason.Lowder@carkw.corr>; GURLEY, JOHN CURTIS
<JG0866 att.corn>; Theotis Thompson (tthompl@entergy.com) <tthom 1 enter .corn>; Vincent Hotho
(steven.hotho@irwu.com) <Steven.Hotho@Irwu.coan>
Subject: Final Plat, Lot 2, Chenal Park Centre
VIM
Please find attached for your review, the Final Plat of Lot 2, Chenal Park Centre. Please contact me if you
have any questions.
Regards,
Greg Sullivan
From: Jason Lowder <Jason.Lowder@carkw.cpm>
Sent: Wednesday, December 13, 2017 11:56 AM
To: Greg Sullivan
Subject: RE: Final Plat, Lot 2, Chenal Park Centre
Central Arkansas Water approves with no comments.
Jason Lowder, Engineering Technician
jason.lowder@carkw.com
501-377-1245
-,LAM.Water
Awnt r�accc�ctns
From: Greg Sullivan[mailto:Greg.Sullivan@craftontull.com]
Sent: Friday, December 08, 2017 10:33 AM
To: Andrew Townsend(andrew.townsend@centerpointenergy.com); Jason Lowder; GURLEY, JOHN CURTIS; Theotis
Thompson (tthompl@entergy.com); Vincent Hotho (steven.hotho@lrwu.com)
Subject: Final Plat, Lot 2, Chenal Park Centre
All:
Please find attached for your review, the Final Plat of Lot 2, Chenal Park Centre. Please contact me if you
have any questions.
Regards,
Greg Sullivan, P.L.S.
Survey Supervisor
Crofton Tull
Direct: 501-748-8241 1 Mobile: 501-773-5879
10825 Financial Centre Parkway, Ste 300
Little Rock, AR 72211-3554
www.craftont-ill.com
Disclaimer
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are
addressed. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender
1
immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. Thank you, we appreciate
your cooperation.
Greg Sullivan
From: Vincent Hotho <Steven.Hotho@lrwra.com>
Sent: Thursday, December 21, 2017 2:19 PM
To: Brad Peterson; Gerald Gregory
Cc: Greg Sullivan
Subject: RE: Final Plat, Lot 2, Chenal Park Centre
Brad and Greg,
I'm sorry I've been trying to get to this all day. We've reviewed the plat and the plans, and we're OK with it, provided
that sewer is provided to the lot as shown in the project plans.
Vince Hotho
Engineering Program Supervisor
11 Clearwater Dr.
Little Rock, AR 72204
Office: (501)688-1452
www.Irwra.com
LITTLE ROCK
Water Reclamation
�r ONE VIATER_
ONE FV7Ult E.
This email and any files transmitted with it are confidential and intended solely for the
use of the individual or entity to whom they are addressed. If you have received this
email in error, please notify the sender. This message may contain confidential
information, and is intended only for the individual named.
From: Brad Peterson [mailto:Brad.Peterson@craftontull.com]
Sent: Thursday, December 21, 2017 1:59 PM
To: Gerald Gregory <Gerald.Gregory@Irwra.com>; Vincent Hotho <Steven.Hotho @Irwra.com>
Subject: FW: Final Plat, Lot 2, Chenal Park Centre
Gerald and Vince,
We're trying to get approval on the final plat of Lot 2 Chenal Park Center. The overall development plans have been
approved for construction as LRWRA Project 127-2-1724. There aren't new sewer easements across this property. There
will be new easements to the east that will be dedicated by separate instrument.
Please let us know if you have any questions or comments on the attached drawing.
Thanks,
Brad
Brad Peterson, P.E., CFM, LEED AP
Vice President I Infrastructure
0. Crofton Tull
Direct: 501-748-8246 1 Mobile: 501-258-7929
10825 Financial Centre Parkway, Ste 300
Little Rock, AR 72211-3554
www.craftontull.com
� 'V.in
Disclaimer
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are
addressed. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. Thank you, we appreciate
your cooperation.
From: Greg Sullivan
Sent: Thursday, December 21, 2017 9:21 AM
To: Brad Peterson <Brad.Peterson @craftontul1.com>
Subject: FW: Final Plat, Lot 2, Chenal Park Centre
Greg Sullivan, P.L.S.
Survey Supervisor
Crofton Tull
Direct: 501-748-8241 1 Mobile: 501-773-5879
10825 Financial Centre Parkway, Ste 300
Little Rock, AR 72211-3554
www.craftontuILcorn
From: Greg Sullivan
Sent: Friday, December 8, 2017 10:33 AM
To: Andrew Townsend(andre4v.townsend@centerpointertergy.com) <andrew.townsend center ointener .coo>;
Central Arkansas Water (Jason.Lowder@carkw.com) <Jason.Lowder,@carkw.com>; GURLEY, JOHN CURTIS
<JG0866 cz att.com>; Theotis Thompson (tthom 1 enter .com) <tthomp1eentergv.com>; Vincent Hotho
(steven.hotho@lrwu.corn) <5teven.Hotho Irwu.com>
Subject: Final Plat, Lot 2, Chenal Park Centre
All
Please find attached for your review, the Final Plat of Lot 2, Chenal Park Centre. Please contact me if you
have any questions.
Regards,
Greg Sullivan
From: Townsend, Andrew W <andrew.townsend@centerpointenergy.com>
Sent: Thursday, December 21, 2017 8:55 AM
To: Greg Sullivan
Subject: RE: [External Email] Plat Review
Greg,
I see no issues with the proposed plat.
Thanks,
Andrew'W. 7ounuend- APE
Engineer II 1 Southern Gas Operations I Arkansas/Oklahoma Region
401 W. Capitol Ave, Suite 600 1 Little Rock, AR 72201
Office:501-377-4679 1 Fax:501-377-4733 1 Mobile:501-519-1836
Andrew. Townson dQ C o ntemoi nteneray. cam
From: Greg Sullivan[mailto:Greg.Sullivan@craftontull.com]
Sent: Wednesday, December 20, 2017 3:03 PM
To: Townsend, Andrew W <andrew.townsend@centerpointenergy.com>
Subject: [External Email] Plat Review
]VIA tL
Andrew,
I wanted to check with you on the status was of the plat I sent you on 12/08/17 for your review. It was the Final
Plat of Lot 2, Chenal Park Centre. Please let me know if you have any questions.
Regards,
Greg Sullivan, P.L.S.
Survey Supervisor
0.1 Crofton Tull
Direct: 501-748-8241 1 Mobile: 501-773-5879
10825 Financial Centre Parkway, Ste 300
Little Rock, AR 72211-3554
www.craftontull com
Disclaimer
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***** This email is from an external sender outside of the CenterPoint Energy network. Be cautious about clicking links
or opening attachments from unknown sources. *****
James, Donna
From:
Floriani, Vince
Sent:
Friday, December 22, 2017 8:55 AM
To:
Brad Peterson
Cc:
James, Donna
Subject:
Re: Chenal Park Centre - Bond for Street Widening
Brad,
I am good with this amount.
Vince
From: Brad Peterson <Brad.Peterson@craftontull.com>
Sent: Thursday, December 21, 2017 1:52 PM
To: Floriani, Vince
Cc: James, Donna
Subject: RE: Chenal Park Centre - Bond for Street Widening
Vince,
Attached is the updated bond estimate that covers widening, storm drain, sidewalk, access ramps, topsoil, and sod along
the Chenal Parkway frontage of Lot 2.
If you agree with this amount, we'll provide a bond with copies of the final plat to be signed. I apologize for any
confusion, our original estimate included widening along the entire property.
Thanks,
Brad
Brad Peterson, P.E., CFM, LEED AP
Vice President I Infrastructure
0. Craffon Tull
Direct: 501-748-8246 1 Mobile: 501-258-7929
10825 Financial Centre Parkway, Ste 300
Little Rock, AR 72211-3554
www.craftontull.com
rfTyT1 L..l 1 ,
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This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they
are addressed. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the
1
sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. Thank you, we
appreciate your cooperation.
From: Brad Peterson
Sent: Wednesday, December 20, 2017 4:57 PM
To: 'Floriani, Vince' <VFloriani@littlerock.gov>
Cc: James, Donna <DJames@littlerock.gov>
Subject: RE: Chenal Park Centre - Bond for Street Widening
We'll revise and submit an new estimate in the morning. We'll include the driveway apron, of course.
Thanks,
Brad
From: Floriani, Vince [mailto:VFlorianiiglittlerock.pov]
Sent: Wednesday, December 20, 2017 4:56 PM
To: Brad Peterson <Brad.Peterson@craftontull.com>
Cc: James, Donna <DJames@littlerock.gov>
Subject: RE: Chenal Park Centre - Bond for Street Widening
Yes sir
Vince Floriani, P.E.
Little Rock Public Works -Civil Engineering
701 W. Markham St.
Little Rock, Arkansas 72201
501-371-4817
From: Brad Peterson [mailto:Brad.Peterson@craftontull.coni]
Sent: Wednesday, December 20, 2017 4:46 PM
To: Floriani, Vince
Cc: James, Donna
Subject: RE: Chenal Park Centre - Bond for Street Widening
Vince,
When you asked about which lot is being platted, it occurred to me that our estimate is for the entire length of
widening. Does the bond only need to be for the widening in front of Lot 2?
Thanks,
I. "91
Brad Peterson, P.E., CFM, LEED AP
Vice President I Infrastructure
Grafton `III
Direct: 501-748-8246 1 Mobile: 501-258-7929
10825 Financial Centre Parkway, Ste 300
Little Rock, AR 72211-3554
www craftontull.com
Disclaimer
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they
are addressed. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the
sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. Thank you, we
appreciate your cooperation.
From: Floriani, Vince f_mailto:VFlorianic@iittlerock.gov]
Sent: Wednesday, December 20, 2017 4:35 PM
To: Brad Peterson <Brad.PetersonC@craftontull.com>
Cc: James, Donna <DJames@littierock.eov>
Subject: RE: Chenal Park Centre - Bond for Street Widening
Brad,
I see the following items not included:
Drainage inlet;
Drainage pipe;
Handicap access ramp;
Topsoil
Sod
Include these items and I am good with it.
Vince Floriani, P.E.
Little Rock Public Works -Civil Engineering
701 W. Markham St.
Little Rock, Arkansas 72201
501-371-4817
From: Brad Peterson [ma !Ito: Brad, Peterson@craftontull.com]
Sent: Wednesday, December 20, 2017 3:14 PM
To: Floriani, Vince
Cc: James, Donna
Subject: Chenal Park Centre - Bond for Street Widening
Vince,
Attached is our bond estimate for the remaining street widening work on Chenal Parkway for the Chenal Park Centre
project. I've attached the plan sheets that show the widening work.
Could you please review and let me know if the bond amount is appropriate? We would like to record the plat as soon
as we can.
Thanks,
Brad
3
Brad Peterson, P.E., CFM, LEED AP
Vice President I Infrastructure
Graf on Tull
Direct: 501-748-8246 1 Mobile: 501-258-7929
10825 Financial Centre Parkway, Ste 300
Little Rock, AR 72211-3554
www.craftontull.com
%F i
Disclaimer
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they
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appreciate your cooperation.
JOB: Chenal Park Centre
DESCRIPTION: ENGINEER'S OPINION OF PROBABLE COST
JOB NO.: 16806601
DATE: 12/21/2017
ITEM
NO.
DESCRIPTION OF
ITEMS
CONTRACT
QUANTITY
UNIT
ASPHALT
1.0
ACHM SURFACE COURSE
22
TON
2.0
ACHM BINDER COURSE
22
TON
3.0
ACHM BASE COURSE
154
TON
CONCRETE
1.0
CONCRETE DRIVEWAY APRON
1593
SQFT
2.0
CONCRETE WALK
1465
SQFT
3.0
ACCESSIBLE RAMP
7
SQFT
4.0
CONCRETE CURB & GUTTER
334
LF
STORM DRAIN
1.0
24" HIGH DENSITY POLYETHYLENE PIPE
350
LF
2.0
CURB INLET
2
EACH
3.0
GRATE INLET
1
EACH
(RESTORATION
1.0
ITOPSOIL
64
CYYD
2.0
•SOLID SODDING
1.635
SQYD
ENGINEER
UNIT
PRICE
TOTAL
$
90.00
$
1,980.00
$
95.00
$
2,090.00
$
100.00
$
15,400.00
SUBTOTAL
$
19.470.00
$
6.00
$
9,558.00
$
4.50
$
6,592.50
$
140.00
$
980.00
$
16.50
$
5,511.00
SUBTOTAL
$
22,641.50
$
65.00
$
22,750.00
$
4,600.00
$
9,200.00
$
3.450.00
$
3,450.00
SUBTOTAL
$
35,400.00
$
4.00
$
256.00
$
4.75
$
7.766.25
SUBTOTAL
$
8,022.25
ENGINEER
Estimate
$
85,533.75
Page 1
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James, Donna
From:
Greg Sullivan <Greg.Sullivan@craftontull.com>
Sent:
Wednesday, December 13, 2017 2:52 PM
To:
James, Donna; Harper, Vance; Floriani, Vince
Cc:
Brad Peterson
Subject:
Lot 2 Chenal Park Centre
Attachments:
FINAL PLAT LOT 2-12-13-17-REVIEW ONLY.pdf
UU
I believe I have addressed all of the comments that I received from Vince and Vance. The revised plat is
attached for your review.
Regards,
Greg Sullivan, P.L.S.
Survey Supervisor
0. Craffon Tull
Direct: 501-748-8241 1 Mobile: 501-773-5879
10825 Financial Centre Parkway, Ste 300
Little Rock, AR 72211-3554
www.craftontull.com
LJ)► in
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This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are
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