HomeMy WebLinkAboutS-1521-A Application/�
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Price C. Gardner
Friday Eldredge & Clark LLP
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400 West Capitol Ave. Suite 2000
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Little Rock, Arkansas 72201
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2007030920
.04/20/2007 10:12:48 AM
Filed & Recorded in
Official Records of
RAT O'ARIEN
PULASKI COUNTY
CIRCUIT/COUNTY CLERK
Fees $56.86
DECLARATION OF RESTRICTIONS AND COVENANTS
FOR LOT 1 SHACKLEFORD RIDGE ADDITION
THIS DECLARATION OF RESTRICTIONS AND COVENANTS (this "Declaration") is made as of
the 20 -" day of —4 p / , 2007, by Fiser Properties, LLC (hereinafter be referred to as the "Grantor").
RECITALS
WHEREAS, the Grantor has caused the lands described on Exhibit A-1 attached hereto (the
"Property") to be surveyed by White-Daters & Associates, Inc., and a preliminary plat of a portion made
thereof, initially identified by the title "Fiser Subdivision, Little Rock, Arkansas" (the "Addition"), a copy of
which is attached hereto as Exhibit A-2 and made a part hereof.
WHEREAS, the Grantor now desires to file a final plat with respect to the real property designated and
shown as proposed Lot 1 on the preliminary plat and provide for the dedication of Shackleford Ridge Road,
and Grantor has caused Lot 1 to be surveyed by White-Daters & Associates, Inc., and a final plat to be made
thereof, identified by the title "Plat of Lot 1 and Shackleford Ridge Road Dedication, Shackleford Ridge, an
Addition to the City of Little Rock, Arkansas" (the "Plat'l, the real property is hereinafter referred to as "Lot 1"
and the legal description of which is contained on Exhibit B-1 attached hereto. The Plat bears the signatures
and seals of Timothy E. Daters, Registered Professional Engineer, and Paul M. White, Registered Professional
Land Surveyor, and a copy of which is attached hereto as Exhibit B-2 and made a part hereof; and
WHEREAS, the Grantor is the Fee Owner of Lot 1; and
WHEREAS, the Grantor desires to dedicate that portion of the property shown on the Plat as
Shackleford Ridge Road to provide for access and ingress and egress to the property; and
WHEREAS, the Grantor desires to file this Declaration to protect its interest and the interests of others
which may in the future become Fee Owners of Lot 1 and for the protection of the Property shown on the
preliminary plat (Lot 1 and the Property, being collectively referred to as the "Benefited Property"). Grantor
and those future fee owners of Lot 1 may be hereinafter collectively referred to as "Parties" or singularly as a
"Party"; and
WHEREAS, the Grantor hereby establishes, to the fullest extent permitted by-law, certain covenants,
restrictions and charges (collectively, the "Restrictions") as are hereinafter set forth, subject to which all of Lot
1 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. Grantor must approve all initial construction on Lot 1,
including architectural theme, design, color, access and parking, said approval not to be unreasonably withheld.
[Note: Do you want any specific restrictions — no metal buildings, etc.? Architectural committee still has
control. Require fencing? What type, etc. ] If following initial construction of buildings on Lot 1, 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. Once initiated, all building construction must be diligently prosecuted to
completion Any rooftop equipment shall be appropriately screened.
2. Permitted Use. The restrictions imposed under this Paragraph 2 shall be a servitude upon Lot
1 and shall be binding upon any person acquiring an interest in any part of Lot 1, whether in fee, by lease or
otherwise. The restrictions contained in this Paragraph 2 may not be amended without written consent of the
Grantor for so long as the Grantor owns an interest in the Addition, and thereafter a majority of the Owners of
the other lots contained in the Benefited Property reflected on the Plat, as may be hereafter amended or
modified (with such majority in interest being determined based on the respective square footage of all such
lots). Any such requested consent maybe withheld in the sole and absolute of the Grantor or other lot owners,
as the case may be. The foregoing notwithstanding, in no event shall any subsequent use be inconsistent with
the 1-2 zoning covering the Lot and not otherwise prohibited herein below. Notwithstanding the approval of a
change in use, the following uses shall be prohibited on Lot 1[Note: If there are any other uses permitted by
I-2 that you would not want in the addition we can list those as well]:
(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, night club, bar or tavern, flea market, head shop, pornographic or "adult" store, bowling alley, or tattoo or
body piercing parlor or establishment.
(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.
CANrPortb1\TAX\GARDNEKl304301_L.DOC 2
{c) 'Any mobile home or trailer court, labor camp, junkyard, stockyard, animal raising or
Veterinary hospital; except the temporary use of construction trailers during the period of construction,
reconstruction or maintenance shall also be permitted;
(d) Any drilling for, in or removal of subsurface substances; and
(e) Any dumping, disposing, incinerating or reduction of garbage or refuse (exclusive of
garbage compactors located in the rear of any building).
Nothing contained herein shall be construed to require any Fee O wrier to open or operate any form of business
in Lot 1 for any period of time or at all, but it may operate any form of business not prohibited herein or by law
or otherwise.
3. Public Address System. All outdoor public address, paging, loudspeaker or other
communications systems used on Lot 1 shall be configured with all external speakers located along the
northern, western or southern boundaries of Lot 1, with no speakers located on the eastern boundary. All
external speakers shall face internally toward the center of Lot 1 and shall be configured in such a manner to
minimize the impact of the sound and use of the system on the adjoining property owners.
4. Right of Way Dedication. Grantor hereby grants and dedicates the right of way shown on the
Plat as Shackelford Ridge Road for purposes of public access, ingress and egress from Shackelford Road on
the to the property to the City of Little Rock, Arkansas, and further subjects the Lot 1 to the easements,
buildings setbacks, buffers; and other restrictions and reservations set forth on the Plat.
5. Corn liance with Governmental Restrictions. The construction of any buildings or
improvements on Lot 1 shall comply with and be subject to all building codes, zoning ordinances and
restrictions imposed by the City of Little Rock, Arkansas Highway and Transportation Department and any
other federal, state, county or local authority and any restrictions having jurisdiction over the Property.
6. No re -Plat or Subdivision of Lot Permitted. The Fee Owner of Lot 1 shall not re -plat or
subdivide Lot 1 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 Addition, and thereafter a majority of the owners of the other
lots reflected on the Plat, as may be hereafter amended or modified (with such majority in interest being
determined based on the respective square footage of such lots with the exclusion of Lot 1). Any such
requested consent may be withheld in the sole and absolute of the Grantor or other lot owners as the case may
be.
7. Draina e and Utili Easemcnts. Grantor grants and subjects Lot 1 to an easement for the
installation, maintenance, repair and use of drainage, stormwater and sanitary sewer conduits and facilities for
the benefit and use of the Grantor and the successors and assigns, including the Fee Owners, as the owners of
C.\NrPorWb TAXIGARDNERl304301_1.DOC 3
'Lot I and the Benefited Property within the right of way areas of Shackleford Ridge Road and as otherwise
shown on the Plat. In addition, subject to the written approval of the Fee Owner of Lot 1, Lot 1 shall be
subject to certain additional easements for the installation, maintenance, repair and use ofutility lines, with the
locations of the utility lines to be subject to the prior written approval of the Fee Owner of Lot 1. The party
performing any such installation shall provide written notice to the Owner of Lot 1 prior to commencement of
construction. The Fee Owner of Lot 1 shall have the right to relocate the utility lines, but not the stormwater,
drainage or sanitary sewer conduits and facilities, located upon Lot 1 at any time provided that utility service to
the Benefited Property is not interrupted.
8. Enforcement of Obli ations. 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 Lot 1, 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 Property, and thereafter a majority of the
owners of the other lots reflected on the 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 Fee Owner under this Declaration.
9. Duration. Unless otherwise canceled or terminated, all of the easements granted in this
Declaration shall continue in perpetuity and all other rights and obligations hereof shall automatically terminate
and be of no further force and effect ninety-nine (99) years after the date of filing hereof.
10. Modifications. All negotiations and oral agreements acceptable to the Grantor have been
incorporated herein. Except as otherwise provided herein, this Declaration may not be modified in any respect
whatsoever or rescinded, in whole or in part, except by a writing executed by the Grantor and then current
owner of Lot 1. The foregoing notwithstanding, Grantor may amend this Declaration to add additional lots
within the Benefited Property to make such lots subject to the restrictions set forth herein with the consent of
any other owner of any lot then covered by this Declaration.
11. Miscellaneous.
(a) Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or
dedication of any portion of Lot 1 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) aeverability. If any term or provision ofthis Declaration or the application of it to any
person or circumstance shall to any extent be invalid and unenforceable, the remainder of this Declaration or
the application of such term or provision to persons or circumstances other than those as to which it is invalid
c:WrPortbl\TAX\GARDNER\304301_1.DOC 4
or unenfarceable 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) Governin Law. This Declaration shallbe construed and enforced in accordance with,
and governed by, the law of the State of Arkansas.
(d) No Presumption. plus lleclaratlon snail oe imcipi-mcu atiu t;uuauucu WILY UY LIX,
contents hereof and there shall be no presumption or standard of construction in favor of or against any Owner.
(e) inurement. This Declaration and the easements, covenants, benefits and obligations
created hereby shall inure to the benefit and be binding upon each owner, and their respective successors and
assigns
(f) Other Agreements. Nothing herein shall restrict an owner from imposing upon a
tenant of Lot 1 more restrictions and/or higher standards than set forth herein.
(g) Subdivision and Zonin Ordinances. Notwithstanding any provision hereof to the
contrary, any lawful restrictions imposed by the City of Little Rock which is more restrictive on use than the
provisions hereof shall be applicable and shall supersede the provisions hereof.
(h) Entire Ageement. This Declaration constitutes the entire agreement regarding this
subject matter between the Parties hereto. The Parties do not rely on any statement, promise or representation
not herein expressed, and this Declaration, once executed, delivered and filed, shall not be modified or altered
in any respect except as provided herein.
(i) No 'Third P Beneficiaries. No party, other than the Fee Owner of Lot 1, the
Owners of the Lots contained in the Benefited Property, the Grantor and their respective heirs, successors and
assigns shall have any rights or benefits of this Declaration.
0) Covenants Runnin With the Land. All provisions of this Declaration, including the
benefits and burdens, run with the land and are binding and inure to the assigns, mortgagees, successors,
lessees and tenants of the parties herein.
IN WITNESS WHEREOF, this Declaration has been executed as of the date first above written.
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C:WrPoal\TAMGARDNER\304301_1.DOC 5
GRANTOR:
Fiser Properties, LLC
By:
Chuck Fiser
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 Chuck Fiser, to me personally well known, who stated
that he was the Manager of Fiser Properties, 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. t�
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this IT day of
2007.
Notary Public
My Commission Expires:
6--
OFFICIAL SEAL
SUSAN ENDERLIN
NOTARY PUBLIC-ARKANSAS
PULASKI COUNTY
MY COMMISSION EXPIRES: 01-07-15
C.\NrPor[b11TAMGARDNER\304301_I.DOC 6
Exhibit List
Exhibit A-1 Legal Description of Property
Exhibit A-2 Preliminary Plat — Fiser Subdivision (the 'Benefited Property")
Exhibit B-1 Legal Description of Lot 1
Exhibit B-2 Plat of Lot 1 and Shackelford Ridge Road Right of Way Dedication Shackleford
Ridge Addition, City of Little Rock, Arkansas
C:WrPortbl\TAX1GARDN ER\304301_l.DOC
Exhibit A-1
Legal Description of Property
RECORD DESCRIPTION:
PART OF THE SE'/4 OF THE SE `/4 OF SECTION 21 AND PART OF THE SW %4 OF
THE SW %4 OF SECTION 22, ALL IN TOWNSHIP 1 NORTH, RANGE 13 WEST, IN THE
CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST
CORNER OF SAID SW `/4 SW `/4 OF SECTION 22; THENCE S 330.00 FT. TO THE
POINT OF BEGINNING; THENCE WEST A DISTANCE OF 2640.00 FEET TO A POINT
330.00 SOUTH OF THE NW CORNER OF SAID SE'/4 SE'/4 OF SECTION 21; THENCE
SOUTH A DISTANCE OF 264.00 FEET AND TO A POINT 726.00 FEET NORTH OF
THE SW CORNER OF SAID SE'/4 SE'/4 OF SECTION 21; THENCE EAST 264.00 FEET
TO A POINT 726.00 FEET NORTH OF THE SE CORNER OF SAID SW '/4 SW `/4 OF
SECTION 22; THENCE N 264.00 FEET TO THE POINT OF BEGINNING;
LESS AND EXCEPT THE EAST 40 FT. OF THE SW %4 SW %4 OF SECTION 22, WHICH
WAS CONDEMNED FOR SOUTH SHACKLEFORD ROAD, IN COUNTY COURT
ORDER OF RECORD IN BOOK 74, PAGE 610, AND FILED FOR RECORD ON
FEBRUARY 24, 1978, RECORDS OF PULASKI COUNTY, ARKANSAS.
MEASURED DESCRIPTION:
PART OF THE SE '/4 OF THE SE `/4 OF SECTION 21 AND PART OF THE SW '/4 OF
THE SW'/4 OF SECTION 22, ALL IN TOWNSHIP 1 NORTH, RANGE 13 WEST, IN THE
CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THENORTHEAST
CORNER OF SAID SW `/4 SW'/4 OF SECTION 22; THENCE S 01° 58' 57" W, 330.00 FT.
TO A FOUND COTTON SPINDLE AND THE POINT OF BEGINNING; THENCE N 88°
25' 04" W,1322.01 FT. TO A FOUND 1/2" REBAR; THENCE N 87° 39' 12" W, 1311.35
FT. TO A FOUND 1/2" REBAR, BEING S 020 01' 05" W 330.03 FT. FROM THE
NORTHWEST CORNER OF THE SE'/d SE'/4, SAID SECTION 21; THENCE S 020 04'
49" W, 26183 FT, TO A 1/2" REBAR; THENCE S 88° 00` 52" E, 2633.72 FT. TO A
FOUND COTTON SPINDLE; THENCE N 01° 59' 18" E, 263.87 FT.TO THE POINT OF
BEGINNING;
LESS AND EXCEPT THE EAST 40 FT. OF THE SW '/4 SW %4 OF SECTION 22, WHICH
WAS CONDEMNED FOR SOUTH SHACKLEFORD ROAD, IN COUNTY COURT
ORDER OF RECORD IN BOOK 74, PAGE 610, AND FILED FOR RECORD ON
FEBRUARY 24, 1978, RECORDS OF PULASKI COUNTY, ARKANSAS.
TOTAL AREA OF THIS PROPERTY (NOT INCLUDING 40' R/W) IS 671,432 SQ. FT.
OR 15.4140 ACRES MORE OR LESS.
C!\NrPortbl\TAX1GARDNERl304301_1.DOC
Exhibit A-2
Preliminary Plat
C:\NrrortbATAX\GARDNER\304301_1-DOC
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Exhibit B-1
Legal Description of Lot 1
PART OF THE SW'/4 SW '/4 OF SECTION 22, T-1 N, R-13-W, LITTLE ROCK, PULASKI
COUNTY, ARKANSAS, MORE PARTICULALRY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SW 1/4 SW '/4, SECTION
22; THENCE S 01' 58' 57" W ALONG THE EAST LINE OF SAID SW '/4 SW %4, 330.00
FT.; THENCE N 88° 25' 04" W, 40.00 FT. TO A POINT ON THE WEST RIGHT-OF-WAY
LINE OF SHACKLEFORD ROAD AND THE POINT OF BEGINNING; THENCE N 88'
25' 04" W, 5.00 FT.; THENCE SOUTHWESTERLY ALONG THE ARC OF A 230.00 FT.
RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S 68° 12'
04 W, 173.63 FT.; THENCE S 46° 02' 34" W, 106.80 FT.; THENCE SOUTHWESTERLY
ALONG THE ARC OF A 170.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD
BEARING AND DISTANCE OF S 69° 00' 51" W, 132.69 FT.; THENCE N 88° 00' 52" W,
7.53 FT.; THENCE N 01' 34' 56" E. 196.00 FT.; THENCE N 88° 25' 04" W, 223.15 FT.;
THENCE S 010 34' 56" W, 194.42 FT.; THENCE S 01 59 08 W, 60.00 FT.; THENCE S
88° 00' 52" E, 230.68 FT.; THENCE NORTHEASTERLY ALONG THE ARC OF A 230.00
FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N 69°
00' 51" E, 179.52 FT.; THENCE N 46' 02' 34" E, 106.80 FT.; THENCE
NORTHEASTERLY ALONG THE ARC OF A 170.00 FT. RADIUS CURVE TO THE
RIGHT, A CHORD BEARING AND DISTANCE OF N 62° 45' 31" E, 97.79 FT.; THENCE
SOUTHEASTERLY ALONG THE ARC OF A 25.00 FT. RADIUS CURVE TO THE
RIGHT, A CHORD BEARING AND DISTANCE S 49° 1607" E, 39.00 FT.; THENCE S
01° 59' 18" W, 175.15 FT.; THENCE S 880 00' 52" E, 5.00 FT. TO A POINT ON SAID
WEST RIGHT-OF-WAY LINE OF SHACKLEFORD ROAD; THENCE N 01° 59' 18" E
ALONG SAID WEST RIGHT-OF-WAY LINE, 263.59 FT. TO THE POINT OF
BEGINNING, CONTAINING 84,178 SQ. FT. OR 1.9325 ACRES MORE OR LESS.
C:\NrPortbl\TAX\GARDNERl304301_1.DOC 10
Exhibit B-I
Plat of Lot 1 and Shackelford Ridge Road Right of Way
Dedication Shackeeford Ridge Addition, City of Little Rock, Arkansas
C:\NrPortbhTAX\GAMNER\304301_I.DOC 11
Doc# 2007030920
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CIVIL ENGINEERING DIVISION
FINAL PLAT FILING -APPROVALS
D*
FINAL PLAT NAME SHACKLEFORD RIDGE ROAD R-O-W & LOT 1
INSPECTOR REPORT
I have made a final inspection of the improvements and find that:
All improvements shown on construction drawings for the development are constructed and in conformance
with City requirements/standards.
Certain �mproftnle, y{s remain uncompleted and a punch list has been prepared and sent.
Engineering Specialist Date:
RT
street names and street configuration are acceptable.
Addressing Specialist Date:
TRAFFIC ENGINEER REPORT
I have reviewed the plat and find that:
All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in
conformance with City requirements/standards.
Work orders have been prepared for signage. Indicate the number of street signs ordered for this plat for
billing to developer:
Certain improvements remain uncompleted and a punch list has been prepared and sent.
I
P1,1. JPo Traffic Engineer Date: /z: 3 5—/on/
(LA-) 77%I,4FF%C•
CIVIL ENGINEER REPORT
I have/reviewed the file for this matter and find that:
The maintenance bond has been submitted and it is the proper type and amount.
Financial assurance for the uncompleted improvements listed above has been received.
All other requirements for final plat approval have been satisfied.
q ljz
Civil Engineer I/II Date: /07
SURVEYOR'S REPORT
I have reviewed the plat and find that:
�Ls�c All rec7eints for final plat approval have been satisfied.
Surveyor Date: Z
MANAGER APPROVAL
All Civil Engineering requirements for ing this final plat have been satisfied.
Date:
Des gn Review En g' eer/Civil Engineering Manager
July 2005
City of Little.Rock
Planning and Development
Filing Fees
Date: 24
Annexation
$
Board of Adjustment
$
Cord. Use Permit/T.U.P.
$
Final Plat
$
Planned Unit Dev.
$
Preliminary Plat
$:h tea.
Special Use Permit
Rezoning
$ f1�
Site Plans
Street Name Change
$ C .,
Street Name Signs
Number at ea.
$
Public Hearing Signs
Number at ea.
$
Total
$�
File No.
Location s
'toj
Annlicant
By