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PLAT
AND
BILL OF ASSURANCE
FOR
ARKANSAS SYSTEMS OFFICE PARK
(LOT 2)
AN ADDITION TO THE CITY OF LITTLE ROCK
PULASKI COUNTY, ARKANSAS
ARKANSAS SYSTEMS LAND CO., LLC
ARKANSAS SYSTEMS BUILDING CO., LLC
CHENAL TECHNOLOGY CENTER, LLC
(Collectively, the "Grantor")
This Instrument Prepared By
and After Recordation Return To:
Heartsill Ragon III
Gill Law Firm, P.A.
3801 TCBY Tower,
Little Rock, Arkansas 72201
501-376-3800
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P:\DOCUb[ENTIHHR\ARKSYSIASSUR8. BIL
April 14, 1997 (4:49pm)
PLAT
AND
BILL OF ASSURANCE
FOR
ARKANSAS SYSTEMS OFFICE PARK
(LOT 2)
AN ADDITION TO THE CITY OF LITTLE ROCK
PULASKI COUNTY, ARKANSAS
TO THE PUBLIC,
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Arkansas Systems Land Co., LLC, an Arkansas limited liability company;
Arkansas Systems Building Co., LLC, an Arkansas limited liability company; and Chenal
J logy Center, LLC, an Arkansas limited liability company (collectively, the "Grantor") own
in fee simple that real property lying in Pulaski County, Arkansas which is more fully described on
EXHIBIT A, attached hereto and incorporated herein by this reference
(the "Land") which is illustrated on that plat attached hereto as EXHIBIT B and made a part of
this instrument (the "Plat") as Lot 2 of the ARKANSAS SYSTEMS OFFICE PARK (the "Lot"),
an Addition to the City of Little Rock, Pulaski County, Arkansas (the "Addition"); and
WHEREAS, by this Plat and Bill of Assurance, the Grantor intends to create for its
benefit, and for the mutual benefit of Grantor's successors 'and assign and all future owners of the
Land, certain rights, easements, covenants and conditions governing the use, enjoyment and
maintenance of the Land;
NOW, THEREFORE, the Grantor, for and in consideration of the benefits to accrue to it,
and to its successors and assigns, hereby plats the Land as Lot 2, ARKANSAS SYSTEMS
OFFICE PARK, an Addition to the City of Little Rock, Pulaski County, Arkansas in accordance
with dimensions and specifications pertaining to the Lot as are more fully described on the Plat;
and hereby states and affirms that henceforth, the subsequent conveyance and description of the
Lot by such designation as shown and represented on the Plat shall be a proper and sufficient legal
description for all purposes of every nature.
It is the express intention of the Grantor that hereafter, subject to the limitations set forth
herein, the Land and all interests therein shall be held, owned and conveyed subject to and in
conformity with the following declarations, restrictions and covenants which are hereby declared
to be and hereafter shall be construed to be covenants and restrictions running with the Land,
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April 14, 1997 (4:49pm)
except as hereinafter set forth, which shall be binding upon all owners of the Lots platted herein
and upon their respective successors and assigned forever, along with any other parties. obtaining
any interests in and to the Land, to wit-
(1) Land Use. The Land is hereby subdivided and laid -off into a one (1) lot
commercial business park development and the Land -and each Lot shall be hereafter held, owned
and used for purposes of constructing and maintaining thereon one or more commercial buildings,
or any other facility consistent with local zoning ordinances and/or regulations, provided that the
Land and/or any Lot shall not be used for any purpose whatsoever until the proposed use shall
have been first declared in writing to the Grantor before any construction activity whatsoever shall
have commenced and such proposed use shall have been approved by the Grantor, which such
approval shall not be unreasonably withheld, as otherwise provided in paragraphs 9 and 10 below.
Any use of the Land shall be consistent with, though it is not required to be identical in nature to,
the current use of Lot 2, which is presently a professional building. The term "consistent with" as
used in the previous sentence shall mean an office building or other commercial use which is
allowed under the zoning rules and regulations of the City of Little Rock, Arkansas applicable to
the Land.
(2) Utility Services. No lines, wires, poles, towers or other devices for
l ornmunications or for the transmission of electric current or power, including but not limited to
one, television, and radio signals, shall hereafter be donsfructed, placed or maintained
ai i .. here in or upon the Land unless the same shall be contained in conduits or cables
constructed, placed and maintained underground or concealed in, under or on buildings or other
approved improvements, provided, however, electrical transformers may be permitted if properly
screened and approved by the Grantor, its successors or assigns. Nothing herein shall be deemed
to forbid the erection and use of temporary electrical or telephone services incident to the
construction of approved improvements.
(3 ) BuildingLiine. No building shall hereafter be erected, placed, located or permitted
to remain on the Land closer to the perimeter of the Land than the building line as shown on the
Plat.
(4) Maintenance. All owners and occupants (including lessees and sublessees) of any
Lot or part of the Land shall, jointly and severally, have the duty and responsibility, at their sole
cost and expense, to keep and maintain their respective Lot or the part of the Land so owned or
occupied, including buildings, improvements and grounds in connection therewith, in a reasonably
well -maintained, safe, and clean condition at all times. The owners may enter into separate
agreements governing the joint maintenance of common areas.
(5) Outdoor Storal,e. Unless specifically approved in writing by the Grantor, its
successors or assigns, (which approval shall not be unreasonably withheld or delayed) no
materials, supplies, goods or equipment shall be stored or maintained on any area of the Land
except inside a closed building, or behind a visual barrier of fencing, planting or other such barrier
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April 14, 1997 (4:49pm) 2
screening such areas from the view of adjoining lands -and/or public streets.
(6) Common Access and Utility Easements. A permanent easement for access, for
drainage, for laying and maintaining sewer pipes and mains, storm sewers, and for the installation
and maintenance of utilities (electrical, gas, cable, telephone, and otherwise) is created, excepted
and reserved over, across and through all aspects and elements of the Land as shown on the Plat.
A permanent easement for ingress and egress and for the installation and maintenance of utilities is
created, excepted and reserved over, across and through the Land, as shown on the Plat, for
access from Chenal Parkway. Additionally, a permanent easement for ingress and egress and for
the installation and maintenance of utilities is created, excepted and reserved over, across and
through the Land, for access from Systems Drive and Technology Drive.
(7) Maintenance of Common Areas. Certain portions of the Land as illustrated on the
Plat along with other portions of the Land which the Grantor may specify from time to time are
hereby deemed to be common areas which may be jointly used and enjoyed by all subsequent
owners of the Land in accordance with those rules and regulations which the Grantor or its
successors or assigns may promulgate (the ".Common Areas"). The Grantor, for itself and its
successors and assigns, reserves the right, in its sole discretion and at its absolute option, from
time to time, to maintain all Commons Areas of the Addition, including but not limited to all
and driveway facilities, internal roads not dedicated to the City, exterior electrical lighting
services, special service areas, the lake area, the lawn, flowering ornamentals, shrubs and all green
areas and landscaping within the Addition. The Grantor shall from time to time assess the owners
of each Lot with their pro-rata portion of the expenses related to such Common Areas based upon
the square footage of each building on the Land compared to the sum of the square footage of all
buildings on the Land. All Lot owners, by accepting title to their Lot, covenant and agree to
become personally responsible and liable for the prompt payment of all such Common Area
assessments. All Common Area assessments shall be due and payable within thirty (30) days from
the date invoiced and, if not paid within said period, shall bear interest at the lesser of ten percent
(10%) per annum or the highest rate of interest allowed by Arkansas law. The Grantor and its
successors or assigns shall possess a foreclosable lien against the owners of any Lot who fail to
pay their Common Area assessments. The lien created hereby may be resolved and settled by
means of a personal action at law against the obligor or its successors and assigns, or by the
initiation and prosecution of a lien foreclosure action which shall be conducted in that manner
provided by law for the foreclosure of mortgages. The lien rights created hereby shall always be
deemed and considered a personal obligation of their obligor and shall be subordinate and junior
in interest to the liens and encumbrances of the mortgages of bona fide lenders who have
advanced funds to finance the acquisition and ownership of any Lot and related improvements, or
to finance the construction of improvements upon any Lot. In addition to the collection of
delinquent Common Area assessments, the Grantor shall additionally possess the right to collect
its legal fees and court costs incurred in connection with the enforcement of the Grantor's lien
rights hereunder and the initiation and prosecution of a foreclosure action against the delinquent
Lot owner.
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April 14, 1997 (4:49pm)
(8) Building
Re tricti ns. Size, design, location and site development of all buildings
on the Land shall be subject to the prior approval of an Architectural Control Committee .
hereinafter created, empowered and designated. All buildings placed upon the Land shall be of
new construction and shall be of the highest class workmanship and best quality materials.
Approval of plans for construction of buildings shall not be unreasonably withheld by the
Architectural Control Committee based upon the style of design of the exterior of such proposed
buildings as long as the same are designed in accordance with the highest standards of
architectural design and are generally in conformity with the architectural style of the existing
buildings on the Land as determined by the Architectural Control Committee in its reasonable
discretion. In any event, all buildings, walls, fences or other structures in the Addition shall be
consistent with and shall conform to the applicable zoning regulations of the City of Little Rock,
Arkansas.
(9) ADnrdyal of Plans_ No building, fence, wall or other structure shall be
constructed, created or maintained upon any Lot in the Addition, nor shall any modification,
alteration or change be made in the exterior of any existing building until the construction,
grading, drainage and landscape plans and specifications showing the nature, size, shape,
dimensions, materials and location of the same shall have been submitted to and approved, in
writing, by the Architectural Control Committee, or the Architectural Control Committee has
,lived its right in the manner hereinafter provided'
(10) Architectural Control Cormittee. The Grantor or its successors or assigns shall,
within its sole discretion, appoint a three person committee which shall function as the
Architectural Control Committee for all purposes set out herein. Any property owner in the
Addition seeking to obtain the required approval of any plans for construction, modification or
alteration of improvements on his, her or its property shall submit the same in two (2) copies to
the Architectural Control Committee. A written re.ceipt_from the Architectural Control
Committee shall be prima facie evidence of the delivery of such plans and the date thereof. If,
within thirty (30) days from the date of delivery of such plans to it, the Architectural Control
Committee has not stated to the owner deficiencies in the proposal for such construction or
alteration or improvements, the owners may proceed with such construction of alterations as
though affirmative approval had been received from the Architectural Control Committee. Notice
shall be given to the owner at the address for the owner indicated in the city telephone directory
or as otherwise indicated by the owner, in writing, to the Architectural Control Committee by
certified mail with return receipt requested. If deficiencies are noted and called to the owner's
attention in the proposed plans within the thirty (30) day period following delivery thereof to the
Architectural Control Committee by the owner, the owner shall not proceed with any such
construction or alterations until such deficiencies have been corrected to the satisfaction of the
Committee. The Committee shall have frill power to enforce the provisions and restrictions herein
by an action for an injunction as fully as though they were the owners of property in the Addition
and whether or not they are actually owners of property in the Addition.
(11) 1 isances. No noxious or offensive activity shall be carried on upon any Lot in
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April 14, 1997 (4:49pm) 4
this Addition, nor shall anything be done thereon which may be or become an annoyance or
nuisance to the Grantor or to other owners of Lots in -the Addition.
(12) Temporary and Other Structures. No manufactured housing, trailer, mobile home,
tent, shack or barn shall be erected on any Lot in this Addition, temporarily or permanently,
except for temporary use by construction contractors only.
(13) Signs. No signs, billboards, posters or advertising devices shall be permitted upon
any of the Lots in the Addition without the prior written consent of Grantor and no owner or
occupant shall paint, display, inscribe, maintain or affix any sign, picture, advertisement, notice,
lettering or direction on any areas on the exterior of any building in the Addition except on sign
facade or doors of such building, and then only such name or names or matter and in such color,
size, style, character and materials as may first be approved by the Architectural Control
Conunittee in writing and which are allowable pursuant to the City of Little Rock sign ordinance,
as the same may be amended from time to time.
(14) Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept
on a Lot.
(15) Trash_ No trash, ashes or other refuse may be thrown or dumped on any of the
Lots in the Addition.
(16) Building Materials. No building material of any kind or character shall be placed
or stored upon any Lot in the Addition until the owner is ready to commence construction of the
improvements requiring such materials. Building materials shall not be placed or stored in the
street or between the curb and property lines.
(17) Septic Systems. No privy, cesspool, septic tank field or disposal plant shall be
installed or maintained on any Lot in the Addition, and all buildings shall have the plumbing
connected to the City of Little Rock publicly owned wastewater treatment system.
(18) Amendment. For a period of ten (10) years after the date of the filing of record of
this bill of assurance, or, so long as the Grantor owns at least ten percent (10%) of the Lots, the
Grantor may modify, amend and/or supplement the terms and conditions of this bill of assurance,
and the Plat, may deplat certain portions of the Land from the encumbrance of this bill of
assurance, and the Plat, or may add additional real property to the encumbrance of this bill of
assurance, and the Plat, or may reconfigure, further subdivide and/or consolidate any of the Lots
by the filing of record an amendment hereto and to the Plat. Moreover, the Grantor may modify,
amend and/or supplement the terms and conditions of this bill of assurance, and the Plat, at any
time in order to cure ambiguities and to correct errors pertaining hereto. Notwithstanding the
foregoing, this bill of assurance may be amended and modified at any time upon the written
approval and consent of one hundred percent (100%) of all owners of record of the Lots, which
amendment shall reflect the terms thereof and shall,be filed of record.
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April 14, 1997 (4:49pm) 5
(19) Termination. The terms, conditions and encumbrances created by this bill of
assurance shall terminate and be deemed of no further force and effect fifty (50) years from the
date of the filing of record of this instrument unless the owners of record of the Lots at said point
in time file of record an instrument pursuant to which they agree to extend the terms, conditions
and encumbrances of this bill of assurance for successive ten (10) year periods of time.
(20) Grantor's Rig ts. In addition to those rights otherwise reserved to the Grantor
hereunder, the Grantor reserves the right to access all portions of the Land in order to aid and
facilitate its Lot marketing efforts and tour prospective sales prospects, architects, engineers,
contractors and others thereon. The Grantor may erect signs, billboards and placards associated
with its marketing efforts and may store, keep and exhibit same on the Land.
(21) Enforceability. Each and all of the covenants and provisions set forth in this
instrument shall be binding as covenants on all present and future owners of Lots or interests in
the Land and their respective heirs, successors and assigns forever, shall run with the Land and
hereinafter affect the manner in which the Land may be used and enjoyed, and may be enforced by
the Grantor or any person or corporation that would be adversely affected by the breach hereof,
but no person or corporation shall be liable for breaches committed except during his, or her or its
ownership of any Lot or interest in the Land.
I the event of any violation or attempt to violate any of the covenants or restrictions
herein before the expiration date hereof (whether the original expiration date or any extension
thereof), the Grantor, its successors and assigns, and/or any person or persons owning the Land
or a Lot, or a part thereof, shall be entitled to prosecute any proceedings at law or in equity
against a person or persons violating or attempting to violate any provision hereof. Nothing
herein shall serve to limit the rights and remedies that might otherwise be available to any party
aggrieved hereunder. _
(22) Phasin . It is hereby noted that the Grantor owns unplatted real property which is
located adjacent to the Land (the "Expansion Property"). The Grantor contemplates the
submission of all or a portion of the Expansion Property to the terms, conditions and use
restrictions as are contained in this Bill of Assurance at some point in the future. It is agreed and
understood that such submissions shall occur by means of the filing of record of an amendment to
this instrument by the Grantor which shall expressly provide that the real property as described in
said amendment shall be subject to the terms, conditions and use restrictions as contained in this
Bill of Assurance.
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P:IDOCUNIENIU-LHRVIRKSYSWSSUR8.BIL
April 14, 1997 (4:49pm) 6
This Plat and Bill of Assurance is executed by the following parties who collectively
constitute and comprise one hundred percent (100%) of all of the owners of record of the Land
on this 6 day of � 1997.
r u:md by t"a '' of t ..Ia PO..!'
Elii cf Assurarc provisic,�s es_ ;i:i;sd ty ; c
dcvAper may esd r. inhinulm ro: L;:ai;cn; of ti;c
th,19 Rock subdivision and rq ordinances.
City of Ile ock Planning Ccmmissio l
ARKANSAS SYSTEMS LAND CO., LLC
By:
Title: /3TQ�2
ARKANSAS SYSTEMS BUILDING CO.,
LLC
By:
§4 o—
Title:
CHENAL TECHNOLOGY CENTER, LLC
By:
Title:_��t�I`��y
State of Qhka ��.,c � )
v )ss ACKNOWLEDGMENT
County of
On this Jt, . day of 1 1997, before the undersigned Notary Public,
duly co►nmissioned, qualified, and acting within and for the referenced County and State,
appeared to me personally known, and stated he/ she was
�t t^�
the duly authorized f _— or ARKANSAS SYSTEMS LAND CO., LLC, and was
duly authorized in his/her capacity to execute the foregoing instrument for, in the name of and on
behalf of said ARKANSAS SYSTEMS LAND CO., LLC, and further stated and acknowledged
that he/she they had so signed, executed, and delivered said instrument for the consideration and
purposes therein mentioned and set forth.
P:\DOCUMENTUIHR\ARKSYSWSSUR8.BIL
April 14, 1997 (4:49pm) 7
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 15tK,
day of , 1997.
r
Iv19 Commission Expires:
State of
)ss
County of
Notary Public
ACKNOWLEDGMENT
On this 1 t)-- day of -�- 1997, before the undersigned Notary Public,
duly commis i hued, qualified, and acting within and for the referenced County and State,
appeared T to me personally known, and stated he/ she was
the duly authorized fYr ARKANSAS SYSTEMS BUILDING CO., LLC, and
was duly authorized in his/her capacity to execute the foregoing instrument for, in the name of
and on behalf of said ARKANSAS SYSTEMS BUILDING CO., LLC, and further stated and
acknowledged that he/she they had so signed, executed, and delivered said instrument for the
�nnsideration and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 1
day of (,�,p��Q, , 1997.
My Commission Expires:
State of
)ss
County of
Notary Public
RM00►WNIR i05" �
On tlus J5tkday of �J ,, 1997, before the undersigned Notary Public,
duly commissioned, qualified, and acting within and for the referenced County and State,
appeared to me personally known, and stated he/ she was
the duly authorized f CHENAL TECHNOLOGY CENTER, LLC, and was
duly authorized in his/her capacity to execute the foregoing instrument for, in the name of and on
behalf of said CHENAL TECHNOLOGY CENTER, LLC, and further stated and acknowledged
that he/she they had so signed, executed, and delivered said instrument for the consideration and
purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this rJ_
P:\DOCUMENTIHHRWA KSYSWSSUR8.BIL
April 14, 1997 (4:49pm) 8
day of Q 1997.
My Commission Expires:
P:\DOCLrMENT\Flfllt\ARKSYS\ASSUR8.BIL
April 14, 1997 (4:49pm)
Notary Public
•
f
9
9'7 024138
LEGAL DESCRIPTION of LAND
A tract of land located in Section 36, T-2-N; R-14-W, Pulaski County, Arkansas
being more particularly described as: Starting at the Northeast comer of the
NW 1/ , SE'/a of said Section 36; thence N 87059'01 "W along the North line of
said NW 1/ , SE 1/ , 937.11 ft. to the point of beginning of the tract of land herein
described; thence N42o30'16"E, 293.16 ft.; thence 587o58'56"E, 158.40 ft.;
thence 502o01'50"W, 1113.17 ft.; thence N62o25'59"W, 93.64 ft.; thence
Northwesterly along the arc of a 984.93 ft. radius curve to the left, having a
chord bearing and distance of N68018'37"W, 201.71 ft.; thence N74o11'15"W,
122.91 ft.; thence N15o48'45"E, 15 ft.; thence N74o11' 15"W, 110.40 ft.; thence
Northwesterly along the arc of a 522.46 ft. radius curve to the left, having a
chord bearing and distance of N82o23'43"W, 149.17 ft.; thence S89o23'50"W,
85.34 ft.; thence N61o02' 14"W, 41.72 ft. to a point on the East right-of-way line
of Chenal Parkway; thence Northwesterly along said East right-of-way line,
following the arc of a 2944.79 ft. radius curve to the left, having a chord bearing
and distance of N2Io57'55"W, 136.99 ft.; thence N42o30'16"E, 732.39 ft. to the
point of beginning, containing 542,395 sq. ft. or-12A517 acres more or less.
City of Little Rock Engineering Divisio;,
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City of Little Rock,Ark.
Filing Fees
Date: t`` , 19
Annexation $
Bd.of Adjustment $
-Cond. Use Permit $
Final plat $�
Planned Unit Dev. $
Preliminary Plat $
Special Use PerqLj4
reRezoning $
Site Plans APR-11 51997
Right of way CITY OF U iuc MA
abandonment PAGI UUMA AMIC
i Street name change $
-name_ signs
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