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Home My WebLink AboutS-1012-A ApplicationCITY OF LITTLE; ROCK, ARKANSAS DEPARTMENT OF NEIGHBORHOOD REVITALIZATION AND PLANNING FILING FEES NO. DATE dVC'.- 19 q� Annexation . . . . . . . . . . . . . . . . . $ Board of Adjustment Application. . . . . . . $ Conditional Use Permit . . _ . . . . . . • . $ 00 Final Plat . . . . . . . . . . . . $ A- Planned Unit Develop. - $ Preliminary Plat - $ Rezoning Application . . . . . . . . . . . . $ C1ATTLUE R�K. �FSite Plan (Multiple Bui$Special Use Permit . . .....V.D. . . . . $ Street, Alley, oa Easement Closure $ Street Name Change . . . . . . . . . . . . . $ oe Street Name Signs: # Signs fi at-7 5ea. . $_ � 44 TOTAL $ File No.: S `�l.r l -J Address: Applicant: C� - i1I� - By: �� die WA/d t IAI C66"S 960Z 7 P. O. BOX 250 • MAGNOLIA. AR 71753 • 501-234-221 1 July 13, 1995 The City of Little Rock Office of -the City Manager 500 West Markham, Third Floor Little Rock, AR 72201- Dear Sirs: Farmers Bank&Trust IRREVOCABLE LETTER OF CREDIT NO. 390 We hereby open our, irrevocable letter of credit in your favor available by your drafts at sight on us for a sum not exceeding Sixty -Eight Thousand Four Hundred Sixty -Six Dollars and no cents ($65,466.00) from the account of U-Storit ("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 October 11, 1995, in the Freeway Business Park subdivision, a subdivision of 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 Farmers Bank and Trust Credit No. 390, dated July 13, 1995." 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 I ereof by the City Attorne ,'and the presentment of any such draft will be a warranty by the negotiating bunk that such endorsement was endorsed and that documents have been forwarded as herein required — Except so far as otherwise expressly stated herein, this credit is subject to the Uniform Customs and Practices for Commercial Documentary Credit fixed by the.13th Congress of the International Chamber of Commerce. 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 October 11, 1995, as the same may be extended from time to time. FARMERS BANK AND TRUST By: on,/e2 MaA Tay or EXHIBIT A FREEWAY BUSINESS PARK LITTLE ROCK, AR COST ESTIMATE STREET Date: July 12, 1995 Item No. Description Unit Quantity Unit Price Amount 1 8" SB-2 Base S.Y. 5867 $ 3.75 $ 22001.25 2 3" Asphalt S.Y. 5867 $ 4.25 $ 24934.75 3 Prime Oil Gal. 1760 $ 1.75 $ 3080.00 4 5' Sidewalk L.F. 1700 $ 8.50 $ 14450.00 5 Curb and Gutter L.F 400 $ 5.50 $ 2200.00 6 Box Tops E.A. 9 $ 200.00 $ 1800.00 Total: $ 68466.00 MCGETRICK ENGINEERING, INC. Patrick M. McGetrick, PIE. P. O. Box 250 • MAGNOLIA, AR 71753 • 501-234-2211 July 13, 1995 The City of Little Rock Office of the City Manager 500 West Markham, Third Floor Little Rock, AR 72201 Dear Sirs: Farmers Bank&Trust IRREVOCABLE LETTER OF CREDIT NO. 390 We hereby'open our irrevocable letter of credit in your favor available by your drafts at sight on us for a sum not exceeding Sixty -Eight Thousand Four Hundred Sixty -Six Dollars and no cents ($65,466.00) from the account of U-Storit ("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 October 11, 1995, in the Freeway Business Park subdivision, a subdivision of 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'Attor"ney, 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 Farmers Bank and Trust Credit No. 390, dated July 13, 1995." 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 Attornev,,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 stated herein, this credit is subject to the Uniform Customs and Practices for Commercial Documentary Credit fixed by the.13th Congress of the International Chamber of Commerce. 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 October 11, 1995, as the same may be extended from time to time. FARMERS BANK AND TRUST WE/IMyyl F City of Little Rock Engineering Division Depariment of 701 wesi Markham Public works Linle Fork, Arkansas 72201-1300 371-L811 FAX -=e0 CIVIL ENGINEERING RESPONSE The Civil Engineering Requirements for Filing of Final Plats have been satisfied. Approval for filing of this at can be issued l- Signed By RD,IARKS : pr p o 1 Cam�Yvl ��AiA 491 A f V1,4,16. e07 Mc- P,,e.pIF n �- CLR PUBLIC WORKS DEPT. 6'0't DATE TO AGENCY FAX �r AC C/ FROM AGENCY FAX �`r PHONE # OTAL PAGES Quo BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: That, whereas, U-Storit, Inc., an Arkansas corporation (hereinafter called "Allotter") is the sole owner of the following described lands lying in the County of Pulaski, State of Arkansas, to -wit: Part of the SW 1/4, SW 1/4, the SE 1/4, SW 1/4 and the SW 1/4, SE 1/4 of Section 1, T-1-N, R-13-W, Little Rock, Pulaski County, Arkansas, being more particularly described as follows: Commencing at the SE corner of the SE 1/4, SW 1/4 of said Section 1, T-1-N, R-13-W; thence N 89*43158" W 20.00'; thence N O1'41102" E 543.00' to the point of beginning; thence N 66'31'58" W 672.77'; thence N 87*01158" W 270.00'; thence S O1'22'02" W 191.70'; thence N 87*01158" W 410.24'; thence S 02'02'57" W 52.43'; to a point of curvature on Freeway Drive (said point being the point of curvature of a curve to the right having a central angle of 91'00'35" and a radius of 275'); thence in a southwesterly direction along the arc of said curve to the right to a point which is S 47*33114" W 392.32' from the point of, curvature thereof; thence N 86'56128" W 70.96' to a point of curvature on Freeway Drive (said point being the point of curvature of a curve to the left having a central angle of 113'37'00" and a radius of 351); thence in a southwesterly direction along the arc of said curve to the left to a point which is S 36'15102" W 58.58' from the point of curvature thereof, said point also being a point on the east right-of-way of Rodney Parham Road; thence N 20'33128" W along the right-of-way of Rodney Parham Road 108.07'; thence S 86*56128" E 146.33' to a point of curvature on Freeway Drive (said point being the point of curvature of a curve to the left having a central angle of 91'00'35" and a radius 2251); thence in a northeasterly direction along the arc of said curve to the left to a point which is N 47433114" E 320.99' from the point of curvature thereof; thence N 02402157" E 66.26' to a point of curvature on Freeway Drive (said point being the point of curvature of a curve to the right having a central angle of 90'55'05" and a radius of 225'); thence in a northeasterly direction along the arc of said curve to the right to a point which is N 21'31'13" E 150.00' from the point of curvature thereof; thence N 02'02'57" E 77.781; thence N 57.56102" E 226.95'; thence N 73*16102" E 407.20'; thence N 82'52'02" E 667.50'; thence S 04'08'58" E 274.10'; thence S 20.46'58" E 104.'00'; thence S 45*26136" E 26.85'; thence S 01*37100" W 276.181; thence N 88'23'00" W 20.00' to the point of beginning containing 12.69 acres, more or less; and whereas it is desirable that all the above -described property be subdivided into lots, tracts, and streets as shown on said Plat; NOW, THEREFORE WITNESSETH: That the Allotter has caused said tract of land to be surveyed by McGetrick Engineering, Registered Land Surveyors, and a Plat thereof made which is identified by the title Freeway Business Park Planned Office Development and the date v UIV 13 1995, and by the signature of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas in Plat Book , Page , and the Allotter hereby certifies that it has laid -off, platted and subdivided, and does hereby lay-off, plat, replat and subdivide said real estate in accordance with said Plat. The lands embraced in said Plat shall be forever known as Freeway Business Park Planned Office Development. There are strips of ground shown and dimensioned on said Plat as streets, public utility easements, utility easements, and AP&L R/W, which are reserved for the use of public utilities, subject at all times to proper authorities. The filing of this Bill of Assurance and Plat for record in the office of the page 2 Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas shall be a valid and complete delivery and dedication of the streets and easements shown on the said Plat. Allotter retains the right to construct and maintain paved driveways and parking areas over said easements. Hereafter, conveyance and description of said land by lot number, as shown on said Plat, shall be a proper and sufficient description thereof. Any lot in said subdivision shall be held and sold by the Allotter and shall be purchased by the buyers thereof, subject to the following covenants, to -wit: 1. Covenants to Run with the Land. 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 thirty (30) years from the date these covenants and restrictions are recorded, after which time said covenants and restrictions shall be automatically extended for such successive periods of ten (10) years, unless modified as provided in paragraph two (2) below. 2. Amendment of Bill of Assurance. These covenants and restrictions shall not be amended, cancelled or supplemented unless an instrument signed by lot owners owning at least sixty percent (600) of the total square footage of the lots in the subdivision 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. page 3 3. Approval of Plans. Before commencing the construction or alteration of all buildings, enclosures, fences, loading docks, parking facilities, or any other structures or permanent improvements on or to any lot within the Freeway Business Park Planned Office Development, the property owner shall first submit site plans, building plans and specifications to the Architectural Control Committee of Freeway Business Park Planned Office Development for its written approval. The Architectural Control Committee of the Freeway Business Park Planned Office Development shall be composed of a representative of the owner of each lot within the Planned Office Development, and each representative's vote shall be weighted by dividing the platted square footage of the lot attributable to that representative by the total platted square footage of all lots in the Planned Office Development. In the event that the Committee, or its designated representative, shall fail to approve or disapprove the building plans, specifications, or site plans within sixty (60) days after they have been submitted to the Committee, the approval will not be required and this covenant will be deemed to have been complied with. Neither the members of the Committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. 4. Construction Materials. The exterior walls of any buildings or enclosures which walls are visible from Freeway Business Park Drive shall be of masonry construction, its page 4 equivalent, or better, or any other material properly approved by the Architectural Control Committee. Metal roofing which is galvanized in color shall be prohibited unless otherwise approved by the Architectural Control Committee. 5. Prohibitive Uses. No site or lot shall be used for any purpose or business which is considered dangerous or unsafe, or which constitutes a nuisance, or is noxious or offensive by reason of emission of dust, odor, gas, smoke, fumes, or noise. 6. Loading Docks. No loading docks, loading areas, or overhead doors shall be constructed which are visible from Freeway Business Park Drive unless they are approved by the Architectural Control Committee. 7. Authorized Uses. The following uses will be permitted on the entire development: Clinic (medical, dental, or optical); duplication shops; establishment of a religious, charitable, or philanthropic organization; governmental or private recreational uses, including but not limited to golf courses, tennis courses, swimming pools, playgrounds, day camps, and passive recreational open space (enclosed only); group care facility; laboratory (no biological activity); library, art gallery, museum or other similar use; mortuary or funeral home; nursing home or convalescent home; office (general or professional); photography studio; private school or kindergarten; school (business); school (commercial or trade); school (public or denominational); studio (broadcasting and recording) antenna limited to no higher than 60 page 5 feet; studio (art, music, speech, drama, dance, or other artistic endeavors); travel bureau; antique shop; book and stationery store; camera shop; cigar, tobacco, or candy store; clothing store; custom sewing or millinery; florist shop; health studio or spa (enclosed); jewelry store; key shop; tailor shop; job - printing, lithographer, printing or blueprinting; parking, commercial lot, or garage; office showroom/warehouse; school (commercial, trade, or craft); studio (music, dance, or ceramics); appliance repair (no small engine repair); handling and storage; landscape service; lawn and garden center (enclosed); light fabrication and assembly process; mini - warehouse; office warehouse; school, business; warehouse and wholesaling. 8. Prohibited Uses. The following uses will not be permitted: Ambulance service post; college dormitory, college fraternity or sorority; convent or monastery; lodge or fraternal organization; rooming, lodging, and boarding facilities; barber or beauty shop; multifamily dwellings; orphanage. 9. Signs. Plans and specification for the construction, installation, or alteration of all outdoor signs shall be first submitted to and have the written approval of the Architectural Control Committee or its representative. 10. Partial Invalidity. The invalidation of any one of these restrictions in this instrument or failure to enforce any of the restrictions at the time of its violation shall in no page 6 event effect any of the other restrictions nor be deemed a waiver of the right subsequently to enforce the unenforced restriction. 11. Enforcement. In 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 either to prevent him or them from so doing or to recover damages or other dues for such violation. EXECUTED this I3& day of July, 1995. U-STORIT, INC. Dave Gr dfest III, Vice President ATTEST: 944�- Ja/k D. Grundfest, Vice President Reviewed only for inclusion of minimum standards required by the City of Little Rock subdivision regulations. Bill of Assurance provisions established by the developer may exceed minimum regulation,,, of the Little Rock subdivision and zoning ordinances. 4I 9 City of Little Rock Planning Ccimmissicn page 7 ACKNOWLEDGMENT STATE OF ARKANSAS ) SS. COUNTY OF PULASKI ) On this day of July, 1995, before me, the undersigned, a Notary Public, duly commissioned, qualified, and acting within and for the said county and state, to me personally appeared Dave Grundfest III, named in the foregoing instrument as the Vice President for U-Storit, Inc., and acknowledged that he had executed the same for the consideration, uses, and purposes therein set forth. Witness my hand and official seal as such Notary Public, the day and year above mentioned. My Commission Expires: � 030 2UC),2� Notary Public page 8