HomeMy WebLinkAboutS-1538-A Application2012062718 Receiveo: 912812012 3:25:47 PM
Recorded: 0912812012 03:33:20 PM Filed
Recorded in Official Records of Larry Crane.
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $75.00
BILL OF ASSURANCE
for
GATEWAY TOWN CENTER
PHASE I
Prepared by:
J. Scott Schallhorn
Mitchell, Williams, Selig, Gates &
Woodyard, P.L.L.C.
425 West Capitol Avenue, Suite 1800
Little Rock, Arkansas 72201
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2469439.4
Table of Contents
Page
1.
Covenants, Conditions and Restrictions........................................................................... 2
2.
Definitions.........................................................................................................................2
3.
Utility Easements..............................................................................................................3
4.
Dedication of Streets.........................................................................................................3
5.
Building Plan Review.......................................................................................................3
6.
Use of Land.......................................................................................................................4
7.
Common Areas.................................................................................................................4
8.
Delegation of Authority....................................................................................................4
9.
Obligation for Assessments; Membership in Association ........................................ ....... A
10.
Setback Requirements.......................................................................................................4
11.
Utilities... _... _ _ _ _ . .............. ............................................................................................ 4
12.
Water and Sanitary Sewer Systems..................................................................................4
13.
Trash Storage....................................................................................................................4
14.
Oil and Mineral Operations..............................................................................................4
15.
Temporary Structure......................................................................................................... 5
16.
Setback Lines.................................................................................................................... 5
17.
Property Lines and Boundaries.........................................................................................5
18.
Driveway Obstructions.....................................................................................................5
19.
Lot Subdivisions...............................................................................................................5
20.
Restrictions Run With Land; Right To Enforce...............................................................5
21.
Modification of Restrictions............................................................................................. 6
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2469439.4
22. Attorney Fee......................................................................................................................6
23. Term; Extension................................................................................................................6
24. Severability.......................................................................................................................6
25. Construction of Instrument...............................................................................................6
SIGNATURE AND ACKNOWLEDGEMENT
ii
2469439.4
BILL OF ASSURANCE
for
GATEWAY TOWN CENTER
PHASE I
This BILL OF ASSURANCE ("Bill ofAssurance") is executed by Town Center, LLC,
an Arkansas limited liability company known herein as the "Declarant," and made effective as
of the Effective Date (as defined below).
RECITALS
A. Declarant is the owner and Declarant of the lands more particularly described on
Exhibit A attached hereto and made a part hereof, shown on the plat described below as Lots 1
through 4, and Tracts A and B, Gateway Town Center, Phase I, an Addition to the City of Little
Rock, Pulaski County, Arkansas ("Gateway Town Center, Phase T'). The Declarant hereby
declares that Gateway Town Center, Phase I and any other property made subject to this Bill of
Assurance by a supplement thereto (together, the "Property") shall be held, sold and conveyed
subject to the provisions of this Bill of Assurance, which shall run with the land and be binding
upon all owners of property within the Property, their heirs, successors and assigns, and upon all
other parties, heirs, successors and assigns having any right, title or interest in all or any part of
the Property.
B. Declarant is the owner of all of the property in Pulaski County, Arkansas, known
as Gateway Town Center, the entirety of which is more particularly described on Exhibit B
attached hereto and made a part hereof (the "Declarant Parcel"), which Declarant intends to
develop as a mixed -use commercial development. Although Gateway Town Center, Phase I lies
wholly within the Declarant Parcel, Declarant does not submit the entire Declarant Parcel to all
the terms of this Bill of Assurance at this time.
C. Declarant desires to subdivide the Property into building lots, streets, utility
easements and drainage improvements as shown on the plat filed herewith, and that the said
Property be held, owned and conveyed subject to the protective covenants herein contained, in
order to enhance the value of Gateway Town Center.
D. The Declarant Parcel is subject to that certain Declaration of Covenants and
Restrictions filed September 1, 2012, in the office of the Circuit Clerk and Recorder of
2469439.4
Pulaski County, Arkansas, as Instrument No.
same may be amended from time to time.
ZEA UD - l (the "Declaration"), as the
201 Z `'OZ�[ Zo((
NOW, THEREFORE, Declarant, for and in consideration of the benefits to accrue to it,
its successors and assigns, which benefits it acknowledges to be of value, has caused to be made
a plat, showing a survey made by McGetrick & McGetrick, Little Rock, Arkansas, dated August
2012, and bearing a Certificate of Final Approval executed by the City of Little Rock, and
showing the boundaries and dimensions of the Property now being subdivided into building lots,
open spaces, streets, alleys and private pedestrian walkways (the "Plat").
The lands embraced in the Plat shall be forever known as "Lots 1 through 4, and Tracts A
and B, Gateway Town Center, Phase I, an Addition to the City of Little Rock, Pulaski County,
Arkansas" and any and every deed of conveyance of any tract or Lot in Gateway Town Center,
Phase I describing the same by the number shown on said Plat shall always be deemed a
sufficient description thereof.
1. Covenants, Conditions and Restrictions. The Property platted pursuant to this Bill
of Assurance and any interest therein shall be held, owned and conveyed subject to and in
conformity with this Bill of Assurance and the Declaration and the covenants and restrictions set
forth herein and therein.
2. Definitions. The following terms and phrases used in this Bill of Assurance shall
be defined as follows:
(a) "Association" shall mean Gateway Town Center Property Owners
Association, Inc., an Arkansas non-profit corporation, established pursuant to the Declaration.
company.
(b) "City" shall mean the City of Little Rock, Arkansas.
(c) "Declarant" shall mean Town Center, LLC, an Arkansas limited liability
(d) "Declaration" shall have the meaning set forth in Recital D above.
(e) "Effective Date" shall mean the date this Bill of Assurance is filed with the
Recorder of Pulaski County, Arkansas.
(f) "Board" means the Board of Directors of the Association.
(g) "Improvement" shall mean and include all buildings and roofed structures,
parking areas, fences, walls, hedges, mass plantings, light poles, driveways, lakes, signs, changes
in any exterior color or shape, glazing or reglazing of exterior windows with mirrored or
reflective glass, and any other new exterior construction or exterior improvement that materially
alters the appearance of the Property and which may not be included in any of the foregoing.
The definition does not include garden plant, shrub or tree replacements or any other
replacement or repair of any magnitude that does not materially change exterior colors or
exterior appearances.
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2469439.4
(h) A "Lot" is the smallest piece of real property that may be separately
conveyed and that is reflected on the Plat. A Lot may be a platted lot improved with, or intended
to be improved with, a commercial building or office building that is owned by a single entity. A
Lot may also be a tract described in a metes and bounds description, in the event that the same is
made subject to this Bill of Assurance by a supplement thereto. If a Lot is hereafter subdivided,
each subdivided portion shall be deemed a Lot.
(i) "Owner" shall mean and refer to any individual, person, firm, corporation,
partnership, limited liability company, trust or other legal entity, or any combination thereof,
whether one or more, who or that holds record fee simple title to (or upon the existence of a life
estate, the holder of such estate in) any Lot which is a part of the Property, but excluding those
having such interest merely as security for the performance of an obligation.
0) Plat shall mean the plat of Gateway Town Center, Phase I described in the
"NOW THEREFORE" paragraph above.
3. Utility Easements. The Plat reflects certain easements for utilities. Declarant
hereby donates and dedicates the utility easements to and for the use of public utilities, without
limiting the generality of the foregoing, electric power, natural gas, water, sanitary sewer,
telephone, cable television, security, other communication lines, drainage and storm sewer, with
the right hereby granted to the persons, firms or corporations engaged in the supplying of such
utilities (the "Utility Providers") to use and occupy such easements, and to have free ingress
thereto and egress therefrom for the installation, operation, maintenance, repair and replacement
of such underground utility services and all improvements, including required surface
improvements, necessary for such services. The filing of this Bill of Assurance and Plat for
record in the office of the Circuit Clerk and Recorder of Pulaski County shall be a valid and
complete delivery and dedication of the aforementioned easements subject to the limitations
herein set out. In the event any structures, buildings, or similar improvements shall be built or
maintained within the area of such easement, no Utility Provider shall be liable for the
destruction of same in the installation, maintenance, repair or replacement of any utility service
located within the area of such easement. By virtue of these easements any Utility Provider may
install and maintain facilities and equipment, excavate for such purposes and affix and maintain
wires, circuits and conduits; provided, however, that any Utility Provider who disturbs any
improvement permitted upon the Property under this section, including, without limitation,
roadways, sidewalks, curbs, landscaping, fencing, and structures of any kind, shall restore such
improvements to the condition they were in prior to such disturbance. Further, the exercise of
this easement must not unreasonably disturb each Owner's right of quiet enjoyment of the
Owner's Lot.
4. Dedication of Streets. All streets and alleys as depicted on the Plat are hereby
dedicated to the use of the public.
5. Building Plan Review. Subject to the limitations on review concerning Lot 4 set
forth in the Declaration, no Improvement of any kind, including outbuildings, shall be
constructed, erected, placed, altered, added to, reconstructed, exterior repainted, or permitted to
remain upon any Lot, and no construction activity or grading shall be made unless the Declarant
has approved an applicant's plan for such Improvements as provided for in the Declaration.
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2469439.4
6. Use of Land. The Lots herein platted shall be held, owned and used only in
accordance with the provisions of the Declaration.
7. Common Areas. The area noted as "Tract A" on the Plat, and all improvements
thereon, including, but not limited to, landscaped areas, shall be Common Areas and maintained
by the Association, all as set forth in the Declaration. Declarant does not dedicate the Common
Areas the'use of the public at this time but reserves the right to do so in a supplement to this Bill
of Assurance or other recorded instrument. In such event, the Association would accept such
dedication as contemplated by Section 3.1 of the Declaration.
8. Delegation of Authority. Declarant shall have the right, but not the obligation, by
a written instrument recorded in the office of the Circuit Clerk and Recorder of Pulaski County,
Arkansas, to delegate, convey and transfer to the Association and/or any successor Declarant all
authority, rights, privileges and duties reserved by Declarant in this Bill of Assurance.
9. Obligation for Assessments, Membership in Association. By acceptance of a
deed or other conveyance of property covered by this Bill of Assurance, each Owner of a Lot
within the Property shall be deemed to (i) acknowledge that such Lot is subject to the
Declaration, and (ii) covenant and agree to pay any assessments, charges and/or special
assessments which may hereinafter be levied by the Association as permitted or limited by the
Declaration. All owners of Lots within the Property will be members of Gateway Town Center
Property Owners Association, Inc. as provided for in the Declaration.
10. Setback Requirements. No structure shall be situated upon any Lot except as
permitted by applicable law, provided a variance from such setback requirements may be granted
if approved by the appropriate regulatory agency of the City of Little Rock
11. Utilities. Electrical, telephone and cable television utility lines are or shall be
located in utility easements and in the rights of way of common streets. Connections from the
Lots to the underground utility lines shall be completed at the Owner's expense and shall be
underground.
12. Water and Sanitary Sewer Systems. Water and sanitary sewer lines exist
underground in utility easements and the rights of way of common streets. Connections from the
Lots to the water and sanitary sewer lines shall be completed at the Owner's expense, including
any fees and assessments charged by the utility providing such service. All such connections
shall comply with all applicable standards of the provider of the service, the State of Arkansas,
and any other regulatory agency with jurisdiction. No private sanitary sewer systems shall be
permitted.
13. Trash Storage. All garbage and trash shall be placed in sanitary capped
containers, which shall be located until time for pick-up within an acceptable screened or a
walled -in area so the enclosed area is not visible from any street or adjoining property.
14. Oil and Mineral Operations. No oil drilling, oil development operations, oil
refining, quarrying or mining operations of any kind shall be permitted upon or in any building
site, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any
Lot or other lands subject to this Bill of Assurance. No derrick or -other structure designed for
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2469439.4
use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot or
other lands subject to this Bill of Assurance.
15. Temporary Structure. No trailer or other structure of a temporary character shall
be used permanently on a Lot for any purpose. Use of trailers and temporary structures as
construction offices or for material storage during construction, and trailers and tents for parties
or during periodic, special events in connection with the Owner's or tenant's business shall be
permitted.
16. Setback Lines. No enclosure or part of any building of any type or nature
whatsoever shall ever be constructed, erected, placed or maintained closer to the applicable lot
line than the building setback line applicable and in effect as to each Lot.
17. Property Lines and Boundaries. Iron pins have been set on all Lot corners and
points of curve, and all lot dimensions shown on curves are chord distances, and all curve data as
shown on the Plat filed herewith is right-of-way curve data. In the event of minor discrepancies
between the dimensions or distances as shown on the Plat and actual dimensions and distances as
disclosed by the established pins, the dimensions and distances shown on the Plat shall control.
18. Driveway Obstructions. No obstruction shall be placed in the street gutter. Curbs
shall be saw cut at driveways with a diamond blade, and driveway grades lowered to meet the
gutterline as may be required by applicable law.
19. Lot Subdivisions. This Bill of Assurance shall not be deemed to prohibit further
subdivision of a Lot, provided that any Lot subdivision shall be subject to Declarant's prior
written approval. Aii Lot subdlv.slons shall be accomplished in accordance with applicable law,
rules and regulations. Declarant's right to approve the subdivision of a Lot shall continue for so
long as (i) Declarant owns any of the Declarant Parcel or (ii) twenty (20) years, whichever is
less.
20. Restrictions Run With Land; Right To Enforce. The restrictions herein set forth
shall run with the land and shall bind the present owner, its successors and assigns. All parties
claiming by, through or under the Declarant shall be deemed to covenant with the owner of the
Lots hereby restricted, and its successors and assigns, to conform to and observe these covenants
and restrictions. No covenant or restriction herein shall be personally binding upon any
corporation, person or persons, except with respect to breaches committed during its, his or their
term of holding title to said land. Declarant and the Association and their respective successors
and assigns, and also the Owner or Owners of any of the Lots hereby restricted, shall have the
right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to
enforce the observance of the restrictions above set forth, in addition to ordinary legal action for
damages and failure by any Owner or Owners of any Lot or Lots in this addition to observe any
of the restrictions herein. Any delay in bringing such action shall, in no event, be deemed to be a
waiver of the right to do so thereafter. No waiver of any breach or failure to enforce any
obligation of any agreement or provisions herein contained shall be deemed a waiver of any
preceding or succeeding breach thereof or of any other agreement or provisions herein contained.
The right to obtain an injunction or other equitable remedy shall be available notwithstanding the
availability of an adequate remedy at law. The Owner or Owners of any Lot against whom an
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2469439.4
enforcement action is commenced waives the right to assert the availability of an adequate
remedy at law as a defense to an injunction or other equitable remedy by accepting title to a Lot
restricted hereby.
21. Modification of Restrictions. Any and all of the covenants, provisions or
restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed or
canceled, in whole or in part, in accordance with the provisions of Section 10.5 of the
Declaration.
22. Attorney Fee. In any legal or equitable proceeding for the enforcement or to
restrain the violation of this instrument or any provisions thereof, by reference or otherwise, the
prevailing party or parties shall be entitled to attorney fees in such amount as the court finds
reasonable. All remedies provided for herein, or at law or equity, shall be cumulative and not
exclusive.
23. Term; Extension. The restrictive covenants set forth in this Bill of Assurance
shall be effective as of the date first above written and shall continue in full force and effect until
11:59 p.m. on the date which is fifty (50) years after the date of this Bill of Assurance. All
covenants for which extension is not otherwise provided in this instrument shall automatically be
extended for successive periods of ten (10) years each unless an instrument signed by Owners
representing 90% of the Allocated Interests shall have been recorded, agreeing to terminate the
covenants as of a specified date.
24. Severability. Invalidation of any restriction set forth herein or any part thereof by
any order, judgment or decree of any court, or otherwise, shall not invalidate or affect any of the
other restrictions or any part thereof as set 1V1U1 h erein but tl.ey Shall remain in fill fnrGe and
effect.
25. Construction of Instrument. This Bill of Assurance shall not be construed more
strictly against a party merely by virtue of the fact that it may have been prepared by counsel for
a party. The headings of various Sections in this Bill of Assurance and all exhibits and
attachments hereto are for convenience only, and are not to be utilized in construing the content
or meaning of the substantive provisions hereof. Section and Exhibit references are to Sections
of and Exhibits to this Bill of Assurance unless otherwise specified. All references to
instruments, documents, contracts and agreements are references to such instruments,
documents, contracts and agreements as the same may be amended, supplemented and otherwise
modified from time to time, unless otherwise specified. The words "hereof', "herein" and
"hereunder" and words of similar import when used in this Bill of Assurance and its exhibits
shall, unless otherwise specifically stated, refer to this instrument as a whole and not to any
particular provision of this Bill of Assurance.
[SIGNATURES FOLLOW ON IMMEDIATELY SUCCEEDING PAGE]
6
2469439.4
EXECUTED as of September, 2012.
TOWN CENTER, LLC
an Arkansas Limited Liability Company
By: Stagecoach Development Group, Inc.,
its Manager
t\4
By: .,.._
4��
Thomas L. Hodges, Pre ident
State of Arkansas )
)ss
County of Pulaski )
On Z 2012 before me, a duly qualified and acting Notary
Public, personall appeared Thomas L. Hodges, who acknowledged himself to be the President
of Stagecoach Development Group, Inc., the Manager of Town Center, LLC, an Arkansas
limited liability company, and that he, being authorized so to do, executed the foregoing
instrument for the purposes and consideration therein contained, by signing the name of the
Manager by himself as such officer.
In witness whereof, I hereunto set my hand and official seal.
Commission expires: (�
Signature 6bNotary Public
2469439.4
TRACEY B. STARK
MY COMMISSION # 12359056
EXPIRES: March 17, 2017
.,Z ,4
y giSP'
Pulaski County
Reviewed only for inclusion of minimum standards
required by the City of Little Rock subdivision regulatidrt5.
Bill of Assurance provisions established by IN-,
developer may exceed minilnurn regulations of the
fbokRock subdivision and zoning ordinances.
7 City o Wito Rock Pfannin, 401s sion
EXHIBIT A
LEGAL DESCRIPTION OF GATEWAY TOWN CENTER, PHASE I
PART OF THE SOUTHWEST QUARTER, AND PART OF THE SOUTHEAST QUARTER,
ALL IN SECTION 4, TOWNSHIP 1 SOUTH, RANGE 13 WEST, PULASKI COUNTY,
ARKANSAS DESCRIBED AS FOLLOWS:
COMMENCING AT A 94 REBAR MARKING THE SOUTHWEST CORNER OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP
1 SOUTH, RANGE 13 WEST; THENCE SOUTH 89°35'55" EAST ALONG THE SOUTH
LINE OF SAID NW 1/4 SW 1/4 FOR 1044.07 FEET TO A POINT ON A EAST RIGHT OF
WAY LINE OF A ROAD AND THE POINT OF BEGINNING; THENCE ALONG SAID
EAST RIGHT OF WAY THE FOLLOWING COURSES: THENCE NORTHERLY ALONG
SAID RIGHT OF WAY 163.50 FEET ALONG A CURVE CONCAVE EASTERLY HAVING
A RADIUS OF 570.00 FEET SAID CURVE HAVING A CHORD DIRECTION OF NORTH
13006'15" EAST AND A CHORD LENGTH OF 162.94 FEET; THENCE NORTH 21°19'17"
EAST 454.39 FEET; THENCE NORTHEASTERLY ALONG SAID RIGHT OF WAY 328.95
FEET ALONG A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 770.00
FEET SAID CURVE HAVING A CHORD DIRECTION OF NORTH 33033'35" EAST AND A
CHORD LENGTH OF 326.45 FEET; THENCE NORTH 45047'54" EAST 24.44 FEET;
THENCE SOUTH 45047'31" EAST LEAVING SAID RIGHT OF WAY LINE 1568.26 FEET
TO A POINT ON THE WESTERLY RIGHT OF WAY OF I-30; THENCE SOUTH 43°46'47"
WEST ALONG SAID WESTERLY RIGHT OF WAY 1103.96 FEET TO THE
INTERSECTION OF THE WEST RIGHT OF WAY OF I-30 AND THE NORTH RIGHT OF
WAY OF OTTER CREEK ROAD; THENCE ALONG THE NORTH RIGHT OF WAY OF
OTTER CREEK ROAD THE FOLLOWING COURSES: NORTH 77°58'08" WEST 236.04
FEET; THENCE NORTH 58010'l7" WEST 18.32 FEET; THENCE NORTH 82044'03" WEST
68.81 FEET; THENCE NORTH 80°17'26" WEST 145.12 FEET; THENCE WESTERLY
ALONG SAID RIGHT OF WAY 334.44 FEET ALONG A CURVE CONCAVE SOUTHERLY
HAVING A RADIUS OF 505.00 FEET SAID CURVE HAVING A CHORD DIRECTION OF
SOUTH 82032'55" WEST AND A CHORD LENGTH OF 328.37 FEET; THENCE
NORTHERLY 97.44 FEET ALONG A CURVE CONCAVE EASTERLY HAVING A
RADIUS OF 448.00 FEET SAID CURVE HAVING A CHORD DIRECTION OF NORTH
02005'06" WEST AND A CHORD LENGTH OF 97.25 FEET; THENCE NORTH 04008'46"
EAST 307.61 FEET; THENCE NORTH 88042'19" WEST 27.19 FEET; THENCE
NORTHERLY 47.28 FEET ALONG A CURVE CONCAVE WESTERLY HAVING A
RADIUS OF 955.00 FEET SAID CURVE HAVING A CHORD DIRECTION OF NORTH
07007'l1" EAST AND A CHORD LENGTH OF 47.27 FEET; THENCE SOUTH 88042'l9"
EAST 93.23 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF A PROPOSED
ROAD; THENCE ALONG SAID EAST RIGHT OF WAY THE FOLLOWING COURSES:
NORTH 00024'55" EAST 26.39 FEET; THENCE NORTHERLY ALONG SAID RIGHT OF
WAY 243.74 FEET ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF
830.00 FEET SAID CURVE HAVING A CHORD DIRECTION OF NORTH 07059'52" WEST
AND A CHORD LENGTH OF 242.87 FEET; THENCE NORTH 16024138" WEST 46.02
FEET; THENCE NORTHERLY ALONG SAID RIGHT OF WAY 196.85 FEET ALONG A
2469439.4
EXHIBIT B
LEGAL DESCRIPTION OF DECLARANT PARCEL
PART OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 13 WEST, PULASKI
COUNTY, ARKANSAS. DESCRIBED AS FOLLOWS:
COMMENCING AT A #4 REBAR MARKING THE SOUTHWEST CORNER OF THE
NW 1/4 SW 1/4; THENCE SOUTH 89°35'55" EAST ALONG THE SOUTH LINE OF SAID
NW 1/4 SW 1/4 FOR 472.20 FEET TO THE POINT OF BEGINNING; THENCE NORTH
04019'37" EAST 787.23 FEET; THENCE NORTH 21 °05'07" EAST 1648.45 FEET; THENCE
SOUTH 86010'01" EAST 460.51 FEET; THENCE SOUTH 19°59'07" EAST 667.96 FEET;
THENCE EASTERLY ALONG SAID LINE 258.09 FEET ALONG A CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 980.00 FEET SAID CURVE HAVING A CHORD
DIRECTION OF NORTH 77003'53" EAST AND A CHORD LENGTH OF 257.35 FEET;
THENCE NORTH 00044'05" WEST 212.71 FEET; THENCE NORTH 56°21'05" EAST 256.06
FEET; THENCE NORTH 01°45'54" WEST 284.40 FEET; THENCE NORTH 43°49'20" EAST
210.24 FEET; THENCE SOUTH 87°31'38" EAST 476.06 FEET; THENCE NORTH 00°45'14"
WEST 983.36 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF
HIGHWAY; THENCE ALONG SAID WESTERLY RIGHT OF WAY THE FOLLOWING
COURSES: SOUTH 25°50'25" EAST 200.97 FEET; THENCE SOUTH 20004'26" EAST
184.80 FEET; THENCE SOUTH 20°04'26" EAST 1240.00 FEET; THENCE SOUTH 61031133"
WEST 119.21 FEET; THENCE SOUTH 29'18'02" WEST 256.48 FEET; THENCE SOUTH
05021'50" WEST 235.36 FEET; THENCE SOUTH 13052'33" EAST 595.78 FEET; THENCE
SOUTH 04022'45" WEST 186.58 FEET; THENCE SOUTH 24019'51" WEST 183.69 FEET;
THENCE SOUTH 37001'06" WEST i97.31 FEET; THENCE SOUTH 44016252" WEST 77.63
FEET; THENCE SOUTH 43046'47" WEST 1828.39 FEET TO THE INTERSECTION OF THE
WEST RIGHT OF WAY OF I-30 AND THE NORTH RIGHT OF WAY OF OTTER CREEK
ROAD; THENCE ALONG THE NORTH RIGHT OF WAY OF OTTER CREEK ROAD THE
FOLLOWING COURSES: NORTH 77058'08" WEST 236.04 FEET; THENCE NORTH
58010'17" WEST 18.32 FEET; THENCE NORTH 82°44'03" WEST 68.81 FEET; THENCE
NORTH 80017'26" WEST 145.12 FEET; THENCE WESTERLY ALONG SAID RIGHT OF
WAY 334.44 FEET ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF
505.00 FEET SAID CURVE HAVING A CHORD DIRECTION OF SOUTH 82032'55" WEST
AND A CHORD LENGTH OF 328.37 FEET; THENCE NORTHERLY LEAVING SAID
RIGHT OF WAY 97.44 FEET ALONG A CURVE CONCAVE EASTERLY HAVING A
RADIUS OF 448.00 FEET SAID CURVE HAVING A CHORD DIRECTION OF NORTH
02005'06" WEST AND A CHORD LENGTH OF 97.25 FEET; THENCE NORTH 04008,46"
EAST 307.61 FEET; THENCE NORTH 88042119" WEST 27.19 FEET; THENCE
NORTHERLY 269.26 FEET ALONG A CURVE CONCAVE WESTERLY HAVING A
RADIUS OF 955.00 FEET SAID CURVE HAVING A CHORD DIRECTION OF NORTH
00027'38" EAST AND A CHORD LENGTH OF 268.37 FEET; THENCE NORTH 07037,00"
WEST 31.88 FEET; THENCE NORTH 88141127" WEST 565.90 FEET; THENCE NORTH
04019'37" EAST 257.34 FEET TO THE POINT OF BEGINNING. CONTAINING 167.82
ACRES MORE OR LESS.
2469439.4
CURVE CONCAVE EASTERLY HAVING A RADIUS OF 570.00 FEET SAID CURVE
HAVING A CHORD DIRECTION OF NORTH 0603 F0I" WEST AND A CHORD LENGTH
OF 195.87 FEET; THENCE NORTHERLY ALONG SAID RIGHT OF WAY 15.02 FEET
ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 570.00 FEET SAID
CURVE HAVING A CHORD DIRECTION OF NORTH 04007'54" EAST AND A CHORD
LENGTH OF 15.02 FEET TO THE POINT OF BEGINNING. CONTAINING 40.59 ACRES,
MORE OR LESS.
2
2469439.4
This Instrument Prepared By:
J. Scott Schallhorn
Mitchell, Williams, Selig, Gates
& Woodyard, P.L. L.C.
425 West Capitol Avenue, Suite 1800
Little Rock, Arkansas 72201
2012062717 Received: 9/28,12012 3:25:46 PM
Recorded: 09/2,81,2012 03:33,19 RM Filed-&
Recorded in Official Records of Larry Crane,
PULASKI COUNTY CIRCUITICOUNTY CLERK
Fees $1 4:5.00
DECLARATION OF COVENANTS
AND
RESTRICTIONS
GATEWAY TOWN CENTER
Little Flock, Arkansas
September
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2t�P2012
2465265A
DECLARATION OF COVENANTS AND RESTRICTIONS
(Gateway Town Center)
THIS DECLARATJQI#F COVENANTS AND RESTRICTIONS (the "Declaration") is
executed as of the day of September, 2012, by Town Center, LLC, an Arkansas
limited liability company (the "Declarant").
WITNESSETH:
WHEREAS, Declarant is currently the owner of the parcel of land described in Exhibit A
attached hereto (the "Declarant Parcel'); and
WHEREAS, Declarant intends that the Declarant Parcel be developed in phases as a
commercial development containing multiple freestanding buildings and appurtenant parking,
driveways, paved areas, and landscaping (the "Project") and in order to effectuate the use and
operation thereof, the Declarant desires to establish certain covenants and agreements in, to,
over, under and across the Declarant Parcel as part of a general plan for the development of the
Project.
NOW, THEREFORE, in consideration of the premises and the covenants and
agreements hereinafter set forth, the Declarant hereby declares that the Property is and shall be
held, transferred, alienated, sold, conveyed, leased, rented, mortgaged, occupied, used and
otherwise disposed of subject to the covenants, restrictions, conditions, easements, charges
and liens as hereinafter set forth:
ARTICLE I
DEFINITIONS
1.1 Articles. "Articles" shall mean the Articles of Incorporation of the Association.
1.2 Association. "Association" shall mean the Gateway Town Center Property
Owners Association, Inc., an Arkansas nonprofit corporation, its successors and assigns.
1.3 Bass Pro. "Bass Pro" shall mean Bass' Pro Outdoor World, L.L.C., a Missouri
limited liability company, and its affiliates, successors and assigns.
1.4 Bass Pro Tract. "Bass Pro Tract" shall mean the real property more particularly
described on Exhibit B. The Bass Pro Tract is a part of Phase I of the Project.
1.5 Board. "Board" shall mean the Board of Directors of the Association.
1.6 Bylaws. "Bylaws" shall mean the Bylaws of the Association.
1.7 Common Area. "Common Area" shall mean all areas of the Project that are
available for the joint use and benefit of all Owners, Tenants, and their respective Permittees.
The Common Area shall consist of certain areas around the perimeter of the Declarant Parcel
used for landscape and/or signage locations and may include stormwater drainage
improvements; but nothing herein shall be construed or interpreted as permanently limiting the
Common Area solely to such above -described areas. The additions of any additional, Common
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Areas shall be subject to the prior written approval of the Declarant, and any Owner of a Lot on
which such Common Area is proposed to be designated.
1.8 Declarant. "Declarant" shall initially be Town Center, LLC, an Arkansas limited
liability company, provided, however, the conveyance of a Lot or tract consisting of less than the
entire Declarant Parcel, Declarant shall not transfer the rights of the Declarant unless:
(i) such subsequent Owner is an affiliate of the Declarant who has executed this
Declaration, or
(ii) the Declarant specifically assigns in writing to the grantee of such Lot or tract the
rights as "Declarant" hereunder and such grantee specifically agrees in writing to
assume such rights and obligations as "Declarant". Notwithstanding the
foregoing, there shall only be one (1) Declarant at any given time.
1.9 Drainage -Easements Area. "Drainage -Easements Area" shall mean any portion
of the Declarant Parcel reflected as an easement on a recorded final plat under which storm
water drains, or over which surface water runs off or crosses, or which includes an above or
below ground retention or detention pond (or both), including, without limitation, any
underground lines or pipes, manholes, pumping stations, detention basins, headwalls, or similar
facilities, serving the Project (all of which are intended to be dedicated to the public, but whether
or not they in fact are). Any such storm water or drainage facilities that solely serve the Lot on
or under which they are located shall not be part of the Drainage -Easements Area.
1.10 Force Maieure. "Force Majeure" shall mean strikes, lockouts, labor unrest, civil
strife, war, natural disasters, action of the elements, acts of terrorism, unavailability of materials
or supplies, or other events beyond the control of a party.
1.11 Lot. "Lot" shall mean the smallest piece of real property that is subject to this
Declaration that may be separately conveyed. A Lot is created by a final recorded plat of a
portion of the Declarant Parcel.
1.12 Outlot Tracts. "Outlot Tracts" shall mean all Lots and unplatted land within the
Declarant Parcel other than the Bass Pro Tract.
1.13 Owner. "Owner" shall mean the Declarant and its respective successors and
assigns and any subsequent holders of fee simple title to a Lot within the Declarant Parcel.
1.14 Permittee. "Permittee" shall mean all Owners and the respective officers,
directors, employees, agents, contractors, customers, vendors, guests, suppliers, visitors,
invitees, licensees, tenants, subtenants, and concessionaires of tenants insofar as their
activities relate to the intended use of any building located with the Declarant Parcel. Among
others, persons engaging in the following activities on the Declarant Parcel shall not be
considered to be Permittees:
(i) exhibiting any placard, sign, or notice, except as permitted by the Owner or
Tenant on its Lot;
(ii) distributing any circular, handbill, placard, or booklet;
(iii) soliciting memberships, contributions, or signatures; and
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(iv) parading, picketing or demonstrating.
1.15 Person. "Person" shall mean any individual, partnership, firm, association,
corporation, trust, limited liability company or any other form of business or government entity.
1.16 Phase I. "Phase f' shall mean that portion of the Declarant Parcel more
particularly described on the attached Exhibit C being subdivided into Lots.
1.17 Phase I Final Plat. "Phase / Final Plaf' shall mean the final plat formally platting
Phase I. Developer anticipates recording the Phase I Final Plat in the Recording Office
promptly after recording this Declaration. A copy of, the Phase I Final Plat is attached as
Exhibit C.
1.18 Recording Office. "Recording Office" shall mean the office of the Circuit Clerk
and Ex-Officio Recorder of Pulaski County, Arkansas where deeds, mortgages, liens, or other
filings with respect to real property in Pulaski County are filed for record.
1.19 Street. "Street' shall mean any platted street which has been dedicated to the
City of Little Rock, Arkansas.
1.20 Tenant. "Tenanf' shall mean any Person from time to time entitled to the use or
occupancy of any portion of the Declarant Parcel under any lease, sublease, license,
concession, or other similar agreement with any Owner or Tenant of an Owner.
ARTICLE II
EASEMENTS
2.1 Ingress and Egress. During the term of this Declaration, the Declarant hereby
establishes for the use of itself, all Owners, their respective successors and assigns, and their
respective Permittees in common with others entitled to use the same, a perpetual, non-
exclusive easement for the ingress, egress and passage of pedestrians and of passenger,
service and delivery vehicles over and across those portions of a Lot from time to time used as
a driveway or drive aisle as the same may from time to time be constructed, repaired and
maintained for such use (a "Driveway Area"), provided however, such easement expressly
excludes and this Declaration prohibits cross -parking as between the Lots except by written
agreement of the Owners of such Lots. The Declarant also hereby establishes for the use of
itself, all Owners and their respective Permittee in common with others entitled to use the same,
a perpetual, non-exclusive easement for the passage of passenger, service and delivery
vehicles over and across the Streets as platted now and in the future and over any driveways or
drive aisles which serve as a connection between such Streets. The foregoing easement rights
shall be subject to the following reservations as well as other provisions contained in this
Declaration.
A. Except for situations specifically provided for in the following
subparagraphs, no fence, berm, or other barrier which would materially (i) prevent orobstruct
the passage of pedestrian or vehicular travel for the purposes herein permitted, (ii) guide traffic
away from the Project or any Lot, or (iii) reduce the visibility of the Project, any Lot or its signage
shall be erected or permitted within or across the Driveway Areas; provided, however, that the
foregoing provision shall not prohibit the installation of convenience facilities (such as
mailboxes, benches, trash deposit enclosures and containers, and transformers), of
landscaping, berms, or planters, nor of limited curbing and other forms of reasonable traffic
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control, so long as the same does not cause the occurrence of any of the conditions described
in this Section 2.1(A)(i), (ii) or (iii) and except with regard to signage permitted pursuant to
Section 8.3 of this Declaration. Any proposal to install or construct improvements within a
Driveway Area shall be submitted in writing to the Declarant. Declarant shall approve or
disapprove the proposal within the time and pursuant to the process set forth in Section 4.3(D)
hereof.
B. In connection with any construction, reconstruction, repair, or
maintenance on a Lot, any Owner or its Tenant shall have the right to temporarily block or
impede use of Driveway Area so long as reasonable access is available over such Lot for
ingress and egress as provided in this Section 2.1, including with out limitation, access to the
Street from each Lot.
C. All construction, alteration and repair work to any Driveway Area shall be
accomplished in an expeditious manner (subject to matters of Force Majeure), in compliance
with all laws, rules, regulations, orders, permits, approvals, and licenses of government
authorities having jurisdiction and otherwise as provided elsewhere herein. The Declarant and
each Owner shall take all reasonably necessary measures to minimize disruption or
inconvenience to Permittees and other Owners and Tenants and their respective operations
caused by their respective construction, alteration, or repair work to any Driveway Area, and,
except in case of emergency, shall give Owners prior written notice a minimum of seventy-two
(72) hours prior to commencing such work. All construction, alteration and repair work shall be
accomplished in such manner as to minimize any damage or adverse effect to any other Lot
which might be caused by such work.
2.2 Utilities,
A. The Declarant may establish by a final plat of some or all of the Declarant
Parcel non-exclusive, perpetual easements in, to, under, along and across (if beneath the
ground) a Utility Corridor (as hereinafter defined) 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 Lots including but not limited to, sanitary sewers, storm
drains, cable TV, water (fire and domestic), gas, electrical telephone, and communication lines,
together with the right of ingress and egress for installation, maintenance, and repair thereof.
For purposes of this Declaration, the "Utility Corridoe' shall be the area of any utility easements
as shown on a final plat. Nothing herein shall be construed as imposing upon the Declarant any
duty to install any utilities within the Declarant Parcel or of eliminating or modifying any
obligation of Declarant to the Owners or each of them, except as may be set forth in separate
agreements between Declarant and any Owner.
B. Any Owner shall have the right at any time to relocate a Utility Corridor on
its Lot upon thirty (30) days prior written notice to the Declarant and the Owners of any other
Lots affected thereby, provided that such relocation:
(i) shall not unreasonably interfere with or diminish the utility services
provided to the other Lots;
(ii) shall have been approved by the utility company and the appropriate
governmental or quasi -governmental agencies having jurisdiction
thereover;
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(iii) shall cause the relocated utility lines to be located within the Utility
Corridor as modified;
(iv) shall be paid for solely by the Owner seeking to affect such relocation;
and
(v) shall be followed after completion thereof by restoration of the surface to
as nearly as reasonably possible to the condition that existed prior to
such relocation.
C. All construction, alteration, and repair of utilities described in this Section
2.2 shall be accomplished in an expeditious manner and in compliance with all laws, rules,
regulations, order, permits, approvals, and licenses of governmental authorities having
jurisdiction. The Owner performing such work shall, except in the case of any emergency, give
the Declarant and the affected Owners 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 other Owners and to
the Lot on which the work is being done. If such work requires excavation of the Utility Corridor
in the portion of the Street, driveway, or drive aisle, the Owner causing such work to be done
shall pursue all reasonable efforts to cause such excavation to commence and be completed
during hours when the business places in the project are not open for business to the public,
and in any event, shall provide suitable alternative ingress and egress immediately adjacent to
said Street, driveway, or drive aisle if it is not practical to keep at least one lane of said access
road open during the work. If it shall be necessary for such work to be performed during
business hours, the Owner who undertakes to perform such work shall include such information
in the notice required above. The Owner undertaking such work shall repair at its own costs
and expense any and all damage caused by such work and, upon completion of such work,
shall promptly restore the affected portion of the Lot upon which such work is performed as
nearly as is reasonably possible 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 indemnify and hold the
Declarant and 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.
2.3 Storm Water System and Sanitary Sewer.
A. Right to Relocate. Any owner shall have the right to relocate any
Drainage -Easement Area and improvements therein that burden its Lot by complying with the
terms and provisions regarding relocation set forth in Section 2.2 (B) and Section 2.2 (C) above.
B. Storm Water System. The Owners shall construct and install, or cause to
be constructed and installed, on their respective Lot pipes and other facilities necessary to
control the storm water runoff from each Lot and to transport the same under or across its Lot to
a Drainage -Easement Area or to the public drainage system owned and maintained by the City
of Little Rock. Once any portion of_said storm drainage system has been dedicated to and
accepted by the appropriate government authority, then the maintenance responsibility set forth
herein with respect to such portion shall automatically terminate.
C. Sanitary Sewer. Each Owner will construct and maintain at its sole cost
and expense, that portion of the sanitary sewer system solely serving its Lot. Once any portion
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of said sanitary sewer line has been dedicated to and accepted by the appropriate government
authority, then the maintenance responsibility set forth herein with respect to such portion shall
automatically terminate.
2.4 Nature of Easements. For purposes of the easements granted in this Article, a
Lot benefited by each easement constitutes the dominant estate, and any Lot encumbered by
each easement constitutes the servient estate. Each easement granted in this Article is
appurtenant to and for the benefit of the Lot owned by the grantee of the easement and shall
run with title to each Lot. No easement may be transferred, assigned, or encumbered except as
an appurtenance to a benefited Lot.
ARTICLE III
COMMON AREAS
3.1 Common Areas. The Declarant and the Association may own the Common
Areas. The Declarant intends to convey the Common Areas to the Association as the Project is
developed. The Association shall be required to accept the conveyance. Unless determined
otherwise by Declarant, the Association may maintain the Common Areas and other areas used
as Common Areas, and expend Association funds for such maintenance, even though the
property has not yet been conveyed.
3.2 Maintenance and Capital Improvements.
A. Maintenance. The Association is responsible for the management,
control and improvement of the Common Areas, including the landscaping and signage thereon.
At a minimum, it must keep the Common Areas clean and in good repair. The Association may
also make capital improvements to the Common Areas. Any changes to the Common Areas
must be approved in accordance with the architectural review standards hereof. All
construction, alteration and repair work to any Common Area improvement shall be
accomplished in an expeditious manner (subject to matters of Force Majeure), in compliance
with all laws, rules, regulations, orders, permits, approvals, and licenses of government
authorities having jurisdiction and otherwise as provided elsewhere herein. The Association
shall take all reasonably necessary measures to minimize any disruption or inconvenience to
the Owners and Tenants and their respective operations caused by their respective
construction, alteration, or repair work to any Common Area and, except in case of emergency,
shall give Owners prior written notice a minimum of seventy-two (72) hours prior to commencing
such work. All construction, alteration and repair work shall be accomplished in such manner as
to minimize any damage or adverse effect to any other Lot which might be caused by such
work.
B. Easements. To the extent reasonably necessary, the Association has,
and is hereby granted, an easement over each Lot for maintenance of the Common Areas. The
Association also has, and is hereby granted, an easement with respect to any improvements
constructed on the Common Areas that encroach on a Lot, whether due to any minor deviation
from the subdivision plat or the settling or shifting of any land or improvements.
C. Control. The Declaran
time, and from time to time, to exclude and
using the Common Area.
t and the Association shall have the right at any
restrain any Person who is not a Permittee from
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D. Prescriptive Rights. The Declarant and the Association shall 'have the
right to temporarily close off a portion of the Common Area for such reasonable period of time
as may be legally necessary in the opinion of the Declarant's or Association's counsel to
prevent the acquisition of prescriptive rights by anyone with respect to such Common Area;
provided at all times legal, commercial access shall be provided to all Lots and further provided
the Declarant shall give at least seventy-two (72) hours prior written notice to all Owners of its
intention to do so and shall make reasonable efforts to effect such closing so that no
unreasonable interference in the passage of pedestrians or vehicles shall occur.
3.3 Streets. To the extent permitted by applicable law, the Association may make
rules and regulations concerning driving and parking within the Declarant Parcel, post speed
limit or other traffic signs, install traffic control devices and take any other reasonable measures
to discourage excessive speed and encourage safe driving within the Project.
3.4 Limitation of Liability. The Association shall use reasonable judgment in
maintaining and regulating the Common Areas, but neither the Association nor the Declarant
makes any representation or assumes any liability for any loss or injury. The Declarant and the
Association make no representations concerning security and shall not be liable in any way for
failure to provide services or quality of such services.
3.5 Sale or Lease. The Association may sell, donate or grant long-term leases for
portions of the Common Areas or exchange parts of the Common Areas for other property
inside or outside the Declarant Parcel.
3.6 Condemnation. If all or part of the Common Areas is taken or condemned by any
authority having the power of eminent domain, all compensation and damages shall be paid to
the Association. The Board shall have the right to act on behalf of the Association with respect
to the negotiation and litigation of the taking or condemnation affecting such property.
ARTICLE IV
CONSTRUCTION
4.1 Construction Activity. Construction Activity shall conform to the following
provisions:
A. All construction activities performed within the Project shall be performed
in a good and workmanlike manner and in compliance with this Declaration, any applicable
approved plans and specifications, and all laws, rules, regulations, orders, ordinances, and
permits of or issued by the city, county, state, and federal governments, or any department or
agency thereof, affecting improvements constructed within the Project, subject to Declarant's or
any Owners' right to contest laws, rules, regulations, orders and ordinance which do not
materially interfere with the rights of the Declarant or any Owner. Once commenced, such
construction shall be diligently pursued to completion and shall be completed within a
reasonable time, subject to delays caused by matters beyond the reasonable control of the
parties performing the construction.
B. No construction or other activities shall:
(i) unreasonably interfere with the use,
of the remainder of the Project by
respective Permittees; or
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occupancy or enjoyment of any part
the Declarant, any Owner, or their
(ii) cause the Declarant or any Owner to be in violation of any law, rule,
regulation, order, or ordinance applicable to its Lot of the city, county,
state, federal government, or any department or agency thereof.
C. Once commenced, such work shall be diligently pursued to completion
and shall be completed within a reasonable time, subject to delays caused by matters beyond
the reasonable control of the parties performing such work. Any repairs or maintenance shall
be performed with materials equal or greater in quality to the original. Upon completion of such
work, the area affected by such work shall promptly be restored, as nearly as reasonably
possible, to its condition prior to such work. Any construction, installation, repair, use and
maintenance performed on a Lot shall be performed in such a way so as not to unreasonably
interfere with business being conducted on any other Lot.
D. Each party performing construction or other activities on the Declarant
Parcel shall defend, indemnify and hold harmless the Declarant and/or the Owners from all
claims, actions, demands, causes of action, losses, and proceedings and costs incurred in
connection therewith (include reasonable attorneys' fees actually incurred and costs of suit at
trial and appellate levels) resulting from any accident, act, omission, cost, expense, injury or
loss or damage whatsoever occurring to any Person or to the property of any Person arising out
of or resulting from the performance of any construction activities performed 'or authorized by
such indemnifying party or by, through, or under such indemnifying party, except to the extent
caused by the gross negligence or willful intentional act of the party claiming indemnification.
4.2 Standards.
A. Initially, each Owner shall cause its Lot to be improved in a good and
workmanlike manner in accordance with the governmentally approved plans and in accordance
with good engineering standards, or maintained at an "at grade" level, paved, or landscaped
and free of debris.
B. The parking area on each Lot shall contain sufficient ground level parking
spaces in order to comply with governing municipal requirements for such Lot. The foregoing
requirements as well as all governmental regulations, ordinances and similar orders relating to
parking shall be satisfied without reliance on the parking spaces that may be available on
another Lot. No Owner or Tenant shall reduce the number of parking spaces on its Lot to an
amount which is less than the foregoing number of parking spaces approved by the City of Little
Rock.
C. Except as otherwise expressly provided herein, no hedge, berm, fence,
wall or other barrier may be placed, installed or constructed on a Lot if such barrier would
materially block or otherwise interfere with or materially impede access intended to be available
under this Declaration between the Lot and any other Lot or any Common Area.
4.3 Architectural Oversight and Approval.
A. Except with respect to the Bass Pro Tract as set forth below, all
construction on and modifications to an undeveloped Lot, including without limitation the site
plan, clearing, grading, design, building construction, building materials and paving, and
modifications to the exterior of existing improvements must be approved by the Declarant. No
land clearing or grading or any construction is permitted on any Lot until the Declarant has
reviewed and approved construction plans and specifications. Once a plan is approved, any
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modification to that plan prior to or during construction must also be reviewed and approved by
the Declarant. Any modification within a year of the receipt of an Owner's receipt of a certificate
of occupancy for the building shall be considered part of the original construction, unless the
Declarant's review period has ended or the Declarant declines review. Interior construction and
modifications not affecting the external structure or appearance of a building are not subject to
review.
B. Basis for Decision. Applications shall be approved or denied based upon
the overall quality of design of the proposed improvements and their relationship in design,
quality and site placement with existing improvements in the Project. Approval will not be
unreasonably withheld. If the Declarant rejects an application due to overall design quality, the
Declarant shall make suggestions for improving the design. The approval of particular design
does not constitute a precedent for other applications, and such requests may be arbitrarily
denied.
C. Applications. The Declarant may establish forms and procedures for the
review of applications, including review costs and fees, if any, to be paid by the applicant.
Construction drawings and materials concerning the interior of a building may be required to
assist in reviewing the design.
D. Approval, Construction, Inspection and Compliance. The Declarant shall
have ten (10) business days after receipt of all requested information to approve or deny any
proposed construction plans and specifications. Declarant's failure to deliver written notice of
approval or denial of an application within such time shall not be deemed consent to
construction unless the applicant notifies Declarant in writing, with receipt acknowledged by
Declarant, that failure to respond within five (5) days of such receipt shall be deemed approval.
Failure of Declarant to respond within that time shall be deemed approval. If approval is given
or deemed given, construction of the improvements may begin. All construction must comply
with the approved plans. The Declarant or its agent may inspect the property during
construction but has no obligation to make any such inspection. Owners are responsible for
making sure that construction conforms to governmental regulations and all local building
codes, along with applicable drainage, water conservation, erosion control and stormwater
detention requirements.
E. Contractor Approval. Contractors must be approved by the Declarant
before building in the Declarant Parcel. Approval shall be based on willingness to build in
accordance with approved plans and specifications, quality of past work, client satisfaction and
financial history. Builders must agree to comply with construction regulations, to dispose of
construction debris properly and to build in accordance with the approved plans and
specifications.
F. Liability. The Declarant and its inspectors are concerned primarily with
aesthetic considerations, and are not responsible for compliance with governmental
requirements or design or construction defects or use of materials affecting the safety or
structural integrity of the building. Approval by Declarant of a contractor shall not constitute a
basis for any liability of Declarant for defects in the improvements, or for the performance or
quality of work of any contractor or subcontractor, or any other condition or event.
G. Expiration of Declarant's Review Right. Declarant's right to architectural
control and approval shall continue for so long as (i) Declarant owns any of the Declarant Parcel
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or (ii) twenty (20) years, whichever is less. The Declarant may assign all or some of these rights
to a successor Declarant, but is not required to do so.
4.4 Temporary Encroachments. The Declarant and each Owner agree that during
the construction of improvements on the Declarant Parcel, certain minor and temporary
encroachments on the Lots may occur due to the use of equipment in connection with
construction work, and that these temporary encroachments shall be permitted on the Lots for
only a reasonably limited time and only to the extent reasonably necessary for the construction
involved, and in no event shall these temporary encroachments materially interfere with the use
of any other Lot or block or impair access or ingress and egress of pedestrians and motor
vehicles. For the same purpose and the same limited time and extents, the Declarant and each
Owner further agree that the driveways located on each Lot may be used for ingress and egress
of construction and construction —related vehicles and personnel on the Lot or any other
contiguous Lot.
4.5 Bass Pro Tract. Notwithstanding anything contained in this Article IV to the
contrary, no party, including the Declarant, (other than the applicable governmental authority)
shall have any construction, architectural or design oversight or approval rights with respect to
the development of the Bass Pro Tract by Bass Pro.
ARTICLE V
MAINTENANCE AND REPAIR
5.1 Lots.
A. Following completion of infrastructure on a Lot and until a Lot is initially
improved, the Owner of such Lot shall maintain such Lot so as to prevent erosion and present
an attractive appearance; provided, however, at such time as the Lot is sold, the Owner thereof
shall become responsible for such maintenance thereon as is necessary to prevent erosion and
to present an attractive appearance.
B. The Owner of each Lot shall maintain the improvements located thereon
in a manner consistent with first class establishments located in Pulaski County, Arkansas and
in accordance with the following:
(i) maintain, repair, and resurface all drive and parking areas to keep the
same in a smooth and evenly covered condition and periodically sweep,
clean and re -stripe the same;
remove papers, debris, and refuse from the drive and parking areas and
adequately drain the drive and parking area to the extent necessary to
keep the same in a first-class, clean, and orderly conditions;
(iii) maintain appropriate directional signs and markers and replace the same
as necessary;
(iv) illuminate the drive and parking areas and maintain and replace lighting
facilities, bulbs, and ballasts;
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(v) maintain all landscaped areas, including the replacement of shrubs and
other landscaping as necessary, and maintain any automatic sprinkler
system serving the landscaped areas;
(vi) Clean, sweep, maintain and repair all sidewalks; and
(vii) Store all trash and garbage in adequate, screened containers and provide
for regular collection of same.
C. In the event the parking areas, landscaped areas, and Driveways on a Lot
are damaged or destroyed by any cause other than normal wear and tear, whether insured or
uninsured, during the term of this Declaration, the Owner of the affected Lot shall with
reasonable dispatch repair or restore such areas to substantially its previous condition at such
Owner's sole cost and expense with all due diligence. Any damaged building shall be either
razed or external repairs done so as not to have the appearance of a damaged building.
ARTICLE VI
OWNERS ASSOCIATION, BUDGET AND ASSESSMENTS
6.1 Owners Association; Membership. The Association shall be established under
Arkansas law as a not -for -profit corporation responsible for the operation of the Common Areas
and other duties concerning the Project. Every Owner shall be a mandatory member of the
Association. Membership shall be appurtenant to and may not be separated from title to any
Lot. The Association's primary purpose is to administer, maintain, repair, reconstruct and
replace landscaping and signage located at or near the entrances to the Project and the
Interstate 430 and Interstate 30 highway exits near the Declarant Parcel.
6.2 Voting.
A. ' Voting Interests; Exercise of Vote. Each Owner shall have a vote in the
Association, with votes to be weighted in accordance with Allocated Interests (as defined
below). When more than one person owns a Lot, all such persons shall be members of the
Association. However, the number of votes for that Lot shall not be increased, and the Owners
must determine among themselves how the Lot's vote may be exercised. Corporations,
partnerships and other entities shall notify the Association of the natural person who shall
exercise its vote. To the greatest extent permitted by law, the Association may institute voting
by electronic or other means.
B. Methods. Wherever used in this Declaration, approval by a majority or
other proportion of the Owners refers to a vote in accordance with this Article, either at a
properly called membership meeting or through a voting procedure established under Section
6.2(C) below. However, where the Declaration specifies consent in writing, or request in writing,
then the necessary number is based on the total Allocated Interests within the Association as
applicable, and signatures may be collected without a membership meeting or other voting
procedure.
C.. Action without Meeting. If permitted by the Board, the membership may
approve any matter (specifically including the election of directors) by a written ballot procedure,
which may be conducted by mail, or by written consent without a meeting, without prior notice
and without a vote. To the extent allowed by law, such ballots or consents may also be
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2465265.4
approved by electronic means. Voting or consents shall be in accordance with the Bylaws and
statute.
6.3 Board of Directors. The Board shall consist of at least three people and shall be
elected as provided in the Bylaws, subject to the Declarant's rights set forth in this Declaration.
Except as specifically provided in this Declaration or statute, the Board has been delegated the
power, and shall have the authority to act on behalf of the Association and to make all decisions
necessary for the operation of the Association, the enforcement of this Declaration and the care
of the Common Area. Wherever this Declaration provides that the Association may or shall take
a particular action, such action is determined by majority vote of the Board, without the
necessity of consent of the Owners, unless this Declaration or applicable law provides
otherwise. The Board shall keep a record of all meetings of both the Board and of the
Association. For each action taken, the record shall state the vote and a description of the
action approved. The records shall be available for inspection by any Owner.
6.4 Allocated Interests. Each Lot is assigned one (1) Allocated interest, or fraction
thereof, per acre of land within the Lot. Fractional Allocated Interests shall be assigned and
shall be rounded to the nearest one -hundredth of an acre, with five thousandths being rounded
down. For example and without limitation, a Lot consisting of 0.825 acre shall be assigned an
Allocated Interest of 0.82, and a Lot consisting of 1.676 acres shall be assigned an Allocated
Interest of 1.68.
6.5 Appointment of Board Members. The Declarant shall have the right to appoint
and remove the initial officers and members of the Board. No later than sixty (60) days after the
sale to Owners other than the Declarant of at least twelve (12) Lots within the Declarant Parcel,
Lot owners other than the Declarant shall have the right to elect one member of the Board.
Elections shall be conducted in accordance with the Bylaws. The Declarant reserves the right
to elect a majority of the Board until ninety percent (90%) of the acreage in the Declarant Parcel
has been conveyed to Owners other than the Declarant, including any entity succeeding
Declarant as the Declarant hereunder. The Declarant may voluntarily surrender the right to
appoint and remove officers and members of the Board before termination of the control period,
in which case the Declarant reserves the right to record an instrument specifying that certain
actions of the Association or Board must be approved by the Declarant before they become
effective.
6.6 Association Expenses. The Board shall adopt a budget for operation and
management of the Common Areas, including adequate capital and maintenance reserves or
such improvements, insurance, legal and accounting services and other generalized expenses
of the Association. The Association budget shall be assessed to all Owners and shall be
divided according to Allocated Interest, subject, however, to the provisions applicable to the
Bass Pro Tract set forth below in this Declaration.
6.7 Budget Process.
A. Budget Items. The budget shall estimate total expenses to be incurred by
the Association in carrying out its responsibilities. These expenses shall include, without
limitation, the cost of wages, materials, insurance premiums, services, supplies and other
expenses for the rendering of all services required by this Declaration or properly approved in
accordance with this Declaration. The budget may also include reasonable amounts, as
determined by the Board, for working capital for the Association and for reserves. If the
Common Areas are taxed separately from the Lots, the Association shall include such taxes as
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2465265.4
part of the budget. Fees for professional management of the Association, accounting services,
legal counsel and other professional services may also be included in the budget.
B. Approval. The Board shall review and approve the budget prior to the
beginning of the fiscal year for which it applies in accordance with the Bylaws. If assessments
are to be increased to greater than 115% of the previous year's General Assessment, and one
or more petitions signed by at least 10% of all Owners requesting review are delivered to the
Board within thirty (30) days after the budget is delivered to Owners, the Board shall call a
membership meeting to present the budget and to answer any questions. After presentation,
the budget shall be deemed approved unless the percentage required to transact business is
present and the budget is rejected by a majority of the Owners present. If the budget is
rejected, the Board shall approve a new budget within ten (10) days and send a copy to each
Owner.
C. Effect of Failure to Prepare or Adopt Budget. The Board's failure or delay
in preparing or adopting the annual budget for any fiscal year, or review of the budget under
sub -Section (B) above, shall not waive or release an Owner's obligation to pay Assessments
(defined below) whenever the amount of such Assessments is finally determined. In the
absence of an annual Association budget each Owner shall continue to pay the Assessment at
the rate established for the previous fiscal period until notified otherwise.
D. Capital Improvements. The Board may authorize material alterations or
substantial addition to or replacement of Common Areas, or the purchase of additional property
to be added to the Common Areas (collectively, "Capital Improvements") and include the cost
thereof in the budget. Approval of the Declarant is required for all Capital Improvements for so
long as Declarant maintains the right to appoint a majority of the Board under Section 6.5 of this
Declaration. If the Capital Improvement is considered substantial, it must also be ratified by a
majority of the Owners. A Capital Improvement shall be considered substantial if the cost to the
Association of the improvement is more than six percent (6%) of the annual budget, or if, when
added to other Capital Improvements for the fiscal year, totals more than ten percent (10%) of
the annual budget. However, any repair or replacement of existing improvements with materials
of similar price and utility is not a Capital Improvement. If the Owners approve the substantial
Capital Improvement, the Board shall determine whether it shall be paid from General
Assessments or by Special Assessment.
6.8 Maintenance Assessm
A. Obligation for Assessments. The Declarant, for each Lot owned within
the Declarant Parcel, hereby covenants, and each Owner of any Lot by acceptance of a deed or
other transfer instrument, whether or not it shall be so expressed in such deed, is deemed to
covenant and agree to pay to the Association the following (to be known collectively as
"Assessments"):
(i) Assessments for expenses included in the budget for general Association
expenses ("General Assessments"), and
(ii) Special assessments for the purposes provided in this Declaration
("Special Assessments").
Each Owner also agrees to pay a late fee and interest, as established by this Declaration and
the Board, and cost of collection when delinquent, including a reasonable attorney's fee whether
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2465265.4
or not suit is brought. Upon default in the payment of any one or more installments, the Board
may accelerate the entire balance of such Assessment, which shall be declared due and
payable in full.
B. General Assessments. General Assessments shall become due and
payable on or before the first day of each fiscal year; provided, however, that the Board may
provide for collection of assessments quarterly or semiannual installments, which would be paid
in arrears. The Board may charge a reasonable fee to Owners for the opportunity to pay
Assessments in installments, which shall offset the increased costs of collection. General
Assessments paid by a mortgagee as part of an Owner's mortgage escrow are not eligible for
installment payment and shall be due on or before the first day of each fiscal year. The annual
General Assessments shall begin on the day of conveyance of the first Parcel to an Owner
other than the Declarant. The initial General or Special Assessment on any Parcel subject to
assessment, prorated to the month of closing, shall be collected at the time title is conveyed to
the Owner.
C. Special Assessment. In addition to the General Assessment, the Board
may at any time levy a Special Assessment:
(i) Capital Improvements. A Special Assessment may be levied for a Capital
Improvement. If the Capital Improvement is considered substantial, it
must first be approved by Owners as set forth above.
Emergency Assessment. By a two-thirds (2/3) vote, the Board may
impose a Special Assessment for any unusual or emergency
maintenance or repair or other expense that this Declaration or the law
requires the Association to pay (including, after depletion of reserves, any
unexpected expenditures not provided by the budget or unanticipated
increases in the amounts budgeted).
The Board may decide whether to collect the Special Assessment in one or more payments
over a reasonable period of time. The Board may give a reasonable discount for early payment
appropriately tied to the cost of borrowing or investing money.
6.9 Bass Pro Tract Assessments. Notwithstanding the terms of this Article to the
contrary, the Association may collect Assessments from the Bass Pro Tract only for its Allocated
Interest of the Association budget related to (i) the pylon and monument signs on which a sign
panel for the occupant of the Bass Pro Tract is located (ii) landscaping and maintenance of the
primary or "gateway" entrances to the Project, (iii) landscaping and maintenance of the
approximately 5 acre lake to be constructed on that parcel designated as "Tract B" on the Phase
I Final Plat, and (iv) such other reasonable costs and expenses of the Association directly
benefiting the Bass Pro Tract or the above -described Lake. Even if Association budget
expenses satisfy the criteria of (i), (ii), (iii) or (iv) above, the Bass Pro Tract shall not be
responsible for such expenses unless all other Owners are similarly responsible for that portion.
6.10 Guarantee of Assessments. The Declarant shall pay General Assessments and
Special Assessments on all Lots it owns that have been improved with a building. However, the
Declarant shall be excused from payment of assessments if the Declarant guarantees to
Owners that their Assessments during the Guarantee Period, as defined below, shall not
exceed the amounts shown in the then -current estimated operating budget. If the Declarant
offers such a guarantee, the Declarant agrees to pay any Association expenses incurred during
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2465265.4
the Guarantee Period, which exceed the amount produced by Assessments during that time.
The "Guarantee Period" may begin at Declarant's discretion at any time within the first three
years after the recording of this Declaration in the Recording Office, and shall end at the
beginning of the next fiscal year. The Guarantee Period shall then be automatically extended
for successive six-month periods up to an additional five (5) years unless terminated upon
written notice by the Declarant to the Association at least fifteen (15) days before the end of the
then -current Guarantee Period. During the Guarantee Period, the General Assessments may
be increased by no more than 15% per year.
6.11 Effect of Nonpayment of Assessment, Remedies.
A. Personal _Obligation. All Assessments, together with any late fee,
charges, fines, interest and cost of collection when delinquent, including a reasonable attorney's
fee whether or not suit is brought (collectively, the "Assessment Charge") shall be the personal
obligation of the person or entity who was the Owner of the Lot at the time when the
assessment was levied, and of each subsequent Owner. No Owner may waive or otherwise
escape liability for the Assessment Charge by abandonment of the Lot.
B. Creation of Lien. The Assessment Charge shall also be charged on the
land and shall be.a continuing lien upon the Lot against which the Assessment Charge is made,
which may be enforced upon recording of a claim of lien. This lien, in favor of the Association,
shall secure the Assessment Charge which is then due and which may accrue subsequent to
the recording of the claim of lien and prior to entry of final judgment of foreclosure. Any
subsequent owner of the Lot shall be deemed to have notice of the Assessment Charge on the
land, whether or not a lien has been filed.
C. Suit for _Payment, Foreclosure of Lien. The Association may bring an
action at law against the Owner personally obligated to pay the Assessment Charge, or may
foreclose the lien in a manner similar to foreclosure of a mortgage lien, or both. The
Association, acting on behalf of the Owners, shall have the power to bid for an interest in any
Lot foreclosed at such foreclosure sale and to acquire, hold, lease, mortgage and convey the
Lot.
D. Other Remedies. The Association shall have the right to assess fines
and suspend the voting rights and right to use of the Common Area by an Owner for any period
during which any Assessment against his Lot remains unpaid.
E. Intent. No provision of this section shall be interpreted so as to limit in
any way the rights of the Association for collection of Assessments under Arkansas law.
F. Authority of the Board to Settle Unpaid Assessment Charge. The Board,
using its reasonable judgment, may settle or compromise any claim for unpaid Assessment
Charges.
6.12 Additional Provisions. Additional provisions concerning the operation of the
Association and the Board and voting procedure are contained in the Articles and Bylaws.
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2465265.4
ARTICLE VII
PERFORMANCE BY TENANT OR DESIGNATED OWNER
7.1 General. The Declarant may, with the consent of the Designated Owner
(hereafter defined), by notice to the other Owner, designate an Owner (hereinafter, the
"Designated Ownee') of a Lot as the party responsible for performing the obligations of the
Declarant under this Declaration with regard to the Common Area or with regard to a Lot not
currently sold or occupied except by Declarant. Thereafter, such Designated Owner shall have
the benefit of and the right to enforce all of the rights of the Declarant under this Declaration as
to such 'Lot and shall perform all of the obligations of, and be subject to the restrictions upon, the
Declarant under this Declaration as to such Lot. Any such designation shall not release
Declarant from its obligations under this Declaration not assigned to the Designated Owner or in
any way modify the rights of Owners under any lease or agreement with such Declarant.
7.2 Lease Provisions. In the event a provision of a Tenant's lease is more restrictive
or imposes a higher duty, standard or requirement on the Tenant, or on the Declarant as
Landlord under a lease, than the provisions of this Declaration, as between the Declarant and
the Tenant the provisions of the lease shall control, and nothing in this Declaration shall be
deemed to reduce or limit any Tenant's or landlord's obligations under its lease.
ARTICLE VIII
OPERATION OF THE PROJECT
8.1 Uses.
A. No Permittee shall be charged for the right to enter or use the Common
Area
B. Each Owner and Tenant shall cause its employees to park their vehicles
only on such Tenant's Lot.
8.2 Lighting_ After completion of the lighting system on each Lot, such Lot shall be
kept fully illuminated by its Owner each day it is open for business (as such hours or days of
operation may change from time to time) from dusk to at least thirty (30) minutes (or for such
longer time as a Owner deems necessary or desirable) after the last business operation on such
Lot has closed and keep any interior building security lights on from dusk until dawn.
8.3 Signs. Subject to applicable governmental rules and regulations and as may be
permitted by Declarant in a separate agreement, each Tenant or Owner with 1-30 frontage shall
have the right to erect a monument or pylon sign on its Lot and for its sole benefit. Such Tenant
or Owner shall be responsible for the cost and expense of constructing, illuminating, and
maintaining its monument or pylon sign. Such monument or pylon sign shall be maintained in a
good state of repair. Such Tenant or Owner may erect such additional signage on its Lot as is
provided in its agreement with the Declarant. In the event the size of such pylon or monument
sign or overall signage square footage is allocated to the Project (and not each Lot) by the
governmental authorities, such signage size and square footage shall be determined by the
Declarant. Regardless of the above, all signage shall be approved by the Declarant in
accordance with the process and within the time described in Section 4.3(D) above. At the sole
discretion of the Declarant, the Declarant shall erect pylon signs for the Project, which sign or
signs may be located in the Common Area or, if agreed to by a Lot Owner, on a Lot. Such signs
are planned near the proposed exit from 1-430 and at the Otter Creek Road entrance.
17
2465265.4
8.4 Insurance. Owners shall maintain or cause to be maintained in full force and
effect comprehensive general liability insurance, with a financially responsible insurance
company or companies licensed in the State of Arkansas. Such insurance shall provide for
aggregate coverage limits of not less than One Million and NO/100 ($1,000,000.) dollars for
public liability and property damage, such amount subject to modification as set forth below.
Additionally, such insurance shall provide that the policy may not be canceled or materially
reduced in amount or coverage without written notice by the insurer to the Declarant. From time
to time, the Declarant or the Board shall review the terms and limits of coverage required from
Owners and may modify and increase such terms and limits as may be appropriate in light of
current circumstances and potential liabilities.
8.5 General Provisions.
A. Each Owner and Tenant shall comply, at its own expense, with all laws,
permits, ordinances, and regulations of public authorities having jurisdiction (including, without
limitation, zoning, Plat requirements, any other land use requirements and building codes),
private restrictions and insurance impositions (collectively, the "Restrictions") that apply to any
portion of the Lot owned or leased by it, including, without limitation, any compliance required by
the Americans with Disabilities Act (subject to such Owner or Tenant's right to contest the
Restrictions in a manner which does not materially interfere with the right of Owner or any other
Tenant.
B. Declarant shall have the right to revise any plat or site plan of the
Declarant Parcel, including the Phase I Final Plat, and to replat Lots, other than the Bass Pro
Tract, as it may deem appropriate from time to time until all Lots are initially sold; provided,
however, no revision to the boundaries of, access to or easements affecting a Lot may be made
without the Lot Owner's prior written consent, which consent may be withheld in such Owner's
sole discretion. No lot may be subdivided or split after it has been sold by the Declarant.
C. So long as Bass Pro owns the Bass Pro Tract, Declarant shall not sell,
lease or enter into any other business relationship with a competitor of Bass Pro within the
Project. For purposes of this paragraph, "competitor' shall mean a tenant or occupant which
utilizes in the aggregate, one thousand (1,000) square feet or more of its premises for the sale
of hunting, fishing, and/or camping products or services or the sale of boats, boat accessories or
marine products.
D. Declarant shall develop, operate, maintain and repair the Project,
including but not limited to Common Areas, in accordance with first-class retail development
standards and practices.
ARTICLE IX
BASS PRO DEVELOPMENT
9.1 Lake #1. The portion of the Declarant Parcel identified on the Phase I Final Plat
as Tract B shall contain a lake consisting of approximately five (5) acres (the "Lake") and except
for any improvements to be constructed by or on behalf of Bass Pro and the location of an office
building on Tract B, no building or improvement of any kind shall be constructed or permitted to
be constructed thereon. Bass Pro shall have the right to use the Lake for storm water detention
servicing the Bass Pro Tract and Declarant shall, at its expense, cause the Lake to be in
compliance with all governmental requirements for such storm water detention. Declarant
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2465265.4
hereby grants Bass Pro the first option to lease the Lake upon such terms, conditions and
provisions as may be subsequently agreed to in writing by Declarant and Bass Pro.
9.2 Outlot Tract Use and Occupancy Restrictions.. The Outlot Tract may be used for
any lawful purpose provided_ that, for so long as Bass Pro is the owner and/or occupant of the
Bass Pro Tract, no portion of an Outlot Tract shall be used for any of the following uses: (i)
mortuary or funeral home; (ii) bookstore, video store or other establishment engaged in the
business of selling, exhibiting or delivering pornographic or obscene materials; (iii) so-called
"head shop" or other establishment selling or exhibiting illicit drug -related paraphernalia; (d)
discotheque, dance hall or nightclub; (iv) bowling alley; (v) any use which emits an obnoxious
odor, noise, or sound which can be heard or smelled outside of any building in the Project,
provided that a wood -fired oven used by restaurant or similar business shall not be deemed to
be an obnoxious odor prohibited by this clause; (vi) any operation primarily used as a storage
warehouse operation and any assembling, manufacturing, distilling, refining, smelting,
agricultural, or mining operation; (vii) any "second hand" store or "surplus" store; (viii) mobile
home park, trailer court, labor camp, junkyard or stockyard; (ix) any dumping, disposing,
incineration or reduction of garbage (exclusive of garbage compactors appropriately screened
and located near the rear of any building); (x) fire sale, bankruptcy sale (unless pursuant to a
court order), or auction house operation; (xi) recreational vehicles sales, leasing, display or body
shop repair operation; (xii) flea market, pool or billiard hall; (xiii) any gambling facility or
operation, including but not limited to: off-track or sports betting parlor; table games such as
black jack or poker; slot machines, video poker/black-jack/keno machines or similar devices;
bingo hall; or (xiv) tattoo or body piercing parlor.
ARTICLE X
MISCELLANEOUS
10.1 Notices. All notices, demands, statements, and requests ("Notices") required or
permitted to be given under this Declaration must be in writing and shall be deemed to have
been properly given or served as of the date the same are:
(i) delivered by United State mail, prepaid by registered or certified mail,
return receipt requested, addressed to the address set forth below, or
(ii) delivered to a private express package courier, prepaid, addressed to the
address set forth below, or
(iii) provided via facsimile, with receipt by the recipient's facsimile machine
confirmed in writing by the sender's machine, to the facsimile number set
forth below, with the original to follow via overnight courier.
As to Declarant: Town Center, LLC
P. O. Box 30730
Little Rock, AR 72260
Attn: Thomas L. Hodges
Fax: 501-455-0525
The refusal of any party to accept certified or registered mail or of a private courier package
delivery service shall be deemed delivery on the date of such refusal. Declarant may change its
address for notice by notice to the Owners or by filing a notice of such change in the Recording
Office.
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2465265.4
10.2 Binding Effect. The terms of this Declaration:
(i) are made for the direct, mutual and reciprocal benefit of each Lot
(ii) shall constitute covenants running with and an equitable servitude upon
the land within the Project, and
(iii) shall be binding upon any person or entity acquiring any fee, leasehold or
other interest in the Project or any part thereof.
The terms of the Declaration shall inure solely to the benefit of, shall be binding upon, any
Owner or Tenant of a Lot, provided that the respective Owners or Tenants from time to time of a
Lot shall be liable in money damages and subject to any action for specific performance only for
breaches of the undertakings contained in this Declaration occurring during their respective
periods of ownership or lease of each Lot; provided, further, that with. respect only to breaches
of undertakings hereunder which occurred during the ownership of any predecessor -in -title, any
successor -in -title to a Lot shall be subject only to any action for specific performance. Upon a
Declarant's conveyance of its entire interest, such Declarant shall be relieved of all further
obligations, duties, and liabilities under this Declaration, the enforcement of any right or remedy
under this Declaration, or the enforcement of, or execution upon, a judgment or other judicial
process for matters arising out this Declaration. The enforcement of, or execution upon, a
judgment or other judicial process for matters arising out this Declaration shall be limited to the
interest of the Declarant against whom enforcement is sought in the Owner's Lot. This
Declaration is not intended to supersede, modify, amend, or otherwise change the provisions of
any prior instrument affecting the land burdened hereby.
110.3 Singular and Plural; Gender. Whenever required by the content of this
Declaration, the singular shall include the plural and vice versa, and the masculine shall include
the feminine and neuter genders, and vice versa.
10.4 Seyerability. Invalidation of any provisions contained in this Declaration, or of the
application thereof to any Person, by judgment or court order shall in no way affect any -of the
other provisions hereof or the application thereof to any other Person, and the same shall
remain in full force and effect.
10.5 Amendments. This Declaration may be amended by, and only by, a written
agreement signed by Owners of sixty seven percent (67%) of the Allocated Interests,
satisfaction of such percentage being certified by the president, vice president or secretary of
the Association, and shall be effective only when recorded in the Recording Office. Rights
reserved to the Declarant may not be amended at any time without the specific consent of the
Declarant. Moreover, for so long as Bass Pro owns the Bass Pro Tract, specific rights granted
to Bass Pro concerning the Bass Pro Tract and concerning the Lake pursuant to Section 9.1
above may not be amended at any time without the specific consent of Bass Pro. Whenever
any action described in this Declaration requires approval of Owners representing sixty seven
percent (67%) or more of the Allocated Interests, amendment of that provision shall require the
same percentage vote as would be required to accomplish that action directly.
10.6 Captions & Capitalized Terms. The captions preceding the text of each article
and section are included only for convenience of reference. Captions shall be disregarded in
the construction and interpretation of the Declaration. Capitalized terms are also selected only
20
2485265.4
for convenience of reference and do not necessarily make any connection to the meaning that
might otherwise be attached to such term in a context outside of this Declaration.
10.7 Non -Waiver. The failure of the Declarant or any Owner to insist upon strict
performance of any of the terms, covenants, or conditions hereof shall not be deemed a waiver
of any rights or remedies which the Declarant or Owner may have hereunder or at law or equity
and shall not be deemed a waiver of any subsequent breach or default in any of such terms,
covenants or conditions.
10.8 Estoppel Certificate. Declarant, the Association and Owners shall at anytime and
from time to time upon thirty (30) days notice, execute and deliver to the requesting party a
statement in form and content reasonably satisfactory to the parties regarding the status of this
Declaration, it being intended that any such statements delivered pursuant hereto may be relied
upon by others with whom the requesting party may be dealing.
10.9 Enforcement: No Waiver.
A. Enforcement. Suit may be brought against any person, persons or entity
violating or attempting to violate the provisions of this Declaration, either to restrain violation or
to recover damages, and against his or its property to enforce any lien created by this
Declaration. To enforce this Declaration, the Association, the Declarant or any Owner may
bring an action for damages, specific performance, declaratory decree or injunction, or any
other remedy at law or in equity. The Board shall be empowered to bring suits on behalf of the
Association.
B. Association's Legal Fees. Any and all costs, including but not limited to
attorneys' fees and court costs, which may be incurred by the Association in the enforcement of
any of the provisions of this Declaration, whether or not suit is brought, may be assessed
against the Owner against whom such action was taken as part of its Assessment.
ARTICLE XI
TERM
This Declaration shall be effective as of the date first above written and shall continue in
full force and effect until 11:59 p.m. on the date which is fifty (50) years after the date of this
Declaration. The Declaration shall be automatically extended for each succeeding ten (10) year
periods unless an instrument signed by Owners representing 90% of "the Allocated Interests
shall have been recorded, agreeing to terminate the Declaration as of a specified date.
[SIGNATURE PAGE FOLLOWS]
21
2465265.4
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed
effective as of the day and year first above written.
Q*41WA;7,P►1110
TOWN CENTER, LLC
an Arkansas Limited Liability Company
By: Stagecoach Development Group, Inc.,
its Manager
By: r( rL_
T as L. Hodges, P sident
State of Arkansas )
)ss
County of Pulaski )
On September 2 , 2012 before me, a duly qualified and acting Notary Public,
personally appeared Thomas L. Hodges, who acknowledged himself to be the President of
Stagecoach Development Group, Inc., the Manager of Town Center, LLC, an Arkansas limited
liability company, and that he, being authorized so to do, executed the foregoing instrument for
the purposes and consideration therein contained, by signing the name of the Manager by
himself as such officer.
In witness whereof, I hereunto set my hand and official seal.
Commission expires:
Signature Notary Public
'�. TRACEY 8. STARK
MY COMMISSION # 12359056
EXPIRES:.March 17, 2017
Pulaski coup
Reviewed only for inc[usion of minimum stan
wds
required by the City of little Rocic subdivision reguiakons.
Bill of Assurance provisions established by the
developer may exceed minimum regulations of the
tattle Rock subdivision and zoning ordinances.
' of Little Rock Planning Commission
Declaration of Easements and Restrictive Covenants
Signature Page
2465265.4
EXHIBIT A
[Legal Description of Declarant Parcel (167.82 acres)]
PART OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 13 WEST, PULASKI COUNTY,
ARKANSAS. DESCRIBED AS FOLLOWS:
COMMENCING AT A #4 REBAR MARKING THE SOUTHWEST CORNER OF THE NW
1/4 SW 1/4; THENCE SOUTH 89°35'55" EAST ALONG THE SOUTH LINE OF SAID NW 1/4
SW 1/4 FOR 472.20 FEET TO THE POINT OF BEGINNING; THENCE NORTH 04°19'37"
EAST 787.23 FEET; THENCE NORTH 21 °05'07" EAST 1648.45 FEET; THENCE SOUTH
86010'01" EAST 460.51 FEET; THENCE SOUTH 19°59'07" EAST 667.96 FEET; THENCE
EASTERLY ALONG SAID LINE 258.09 FEET ALONG A CURVE CONCAVE SOUTHERLY
HAVING A RADIUS OF 980.00 FEET SAID CURVE HAVING A CHORD DIRECTION OF
NORTH 77003'53" EAST AND A CHORD LENGTH OF 257.35 FEET; THENCE NORTH
00044'05" WEST 212.71 FEET; THENCE NORTH 56°21'05" EAST 256.06 FEET; THENCE
NORTH 01 045'54" WEST 284.40 FEET; THENCE NORTH 43049'20" EAST 210.24 FEET;
THENCE SOUTH 87031'38" EAST 476.06 FEET; THENCE NORTH 00°45'14" WEST 983.36
FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF HIGHWAY; THENCE
ALONG SAID WESTERLY RIGHT OF WAY THE FOLLOWING COURSES: SOUTH 25050'25"
EAST 200.97 FEET; THENCE SOUTH 20°04'26" EAST 184.80 FEET; THENCE SOUTH
20004'26" EAST 1240.00 FEET; THENCE SOUTH 61°31'33" WEST 119.21 FEET; THENCE
SOUTH 29018'02" WEST 256.48 FEET; THENCE SOUTH 05°21'50" WEST 235.36 FEET;
THENCE SOUTH 13052'33" EAST 595.78 FEET; THENCE SOUTH 04°22'45" WEST 186.58
FEET; THENCE SOUTH 24'19'51" WEST 183.69 FEET; THENCE SOUTH 37°01'06" WEST
197.31 FEET; THENCE SOUTH 44°16'28" WEST 77:63 FEET; THENCE SOUTH 43°46'47"
WEST 1828.39 FEET TO THE INTERSECTION OF THE WEST RIGHT OF WAY OF 1-30 AND
THE NORTH RIGHT OF WAY OF OTTER CREEK ROAD; THENCE ALONG THE NORTH
RIGHT OF WAY OF OTTER CREEK ROAD THE FOLLOWING COURSES: NORTH 77°58'08"
WEST 236.04 FEET; THENCE NORTH 58*10'17" WEST 18.32 FEET; THENCE NORTH
82044'03" WEST 68.81 FEET; THENCE NORTH 80°17'26" WEST 145.12 FEET; THENCE
WESTERLY ALONG SAID RIGHT OF WAY 334.44 FEET ALONG A CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 505.00 FEET SAID CURVE HAVING A CHORD
DIRECTION OF SOUTH 82032'55" WEST AND A CHORD LENGTH OF 328.37 FEET;
THENCE NORTHERLY LEAVING SAID RIGHT OF WAY 97.44 FEET ALONG A CURVE
CONCAVE EASTERLY HAVING A RADIUS OF 448.00 FEET SAID CURVE HAVING A
CHORD DIRECTION OF NORTH 02005'06" WEST AND A CHORD LENGTH OF 97.25 FEET;
THENCE NORTH 04008'46" EAST 307.61 FEET; THENCE NORTH 88*42'19" WEST 27.19
FEET; THENCE NORTHERLY 269.26 FEET ALONG A CURVE CONCAVE WESTERLY
HAVING A RADIUS OF 955.00 FEET SAID CURVE HAVING A CHORD DIRECTION OF
NORTH 00027'38" EAST AND A CHORD LENGTH OF 268.37 FEET; THENCE NORTH
07037'00" WEST 31.88 FEET; THENCE NORTH 88041'27" WEST 565.90 FEET; THENCE
NORTH 04019'37" EAST 257.34 FEET TO THE POINT OF BEGINNING. CONTAINING 167.82
ACRES MORE OR LESS.
Declaration of Easements and Restrictive Covenants
Exhibit A
2465265.4
EXHIBIT B
[Legal description of Bass Pro Tract]
(Two Parcels)
PROPOSED LOT 3
PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4,
TOWNSHIP 1 SOUTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS, DESCRIBED AS
FOLLOWS:
COMMENCING AT A #4 REBAR MARKING THE SOUTHWEST CORNER OF THE NW'/4 SW
%; THENCE SOUTH 89°35'55" EAST ALONG THE SOUTH LINE OF SAID NW 1/4 SW 1/4
FOR 1332.07 FEET TO THE SOUTHWEST CORNER OF THE NE % SW/4; THENCE SOUTH
89035'55" EAST ALONG THE SOUTH LINE OF SAID NE'/4 SW'/4 FOR 326.92 FEET;
THENCE SOUTH 00"24'05" WEST LEAVING SAID SOUTH LINE 661.13 FEET TO A POINT
ON A PROPOSED SOUTH RIGHT OF WAY LINE AND THE POINT OF BEGINNING; THENCE
ALONG SAID SOUTH RIGHT OF WAY LINE THE FOLLOWING COURSES; SOUTH 88*42,19"
EAST 112.40 FEET; THENCE EASTERLY ALONG SAID RIGHT OF WAY 266.79 FEET
ALONG A CRUVE CONCAVE SOUTHERLY HAVING A RADIUS OF 420.000 FEET SAID
CURVE HAVING A CHORD DIRECTION OF SOUTH 70030'29" EAST AND A CHORD
LENGTH OF 262.32 FEET; THENCE SOUTHERLY ALONG SAID RIGHT OF WAY 50.49
FEET ALONG A CRUVE CONCAVE WESTERLY HAVING A RADIUS OF 30.00 FEET SAID
CURVE HAVING A CHORD DIRECTION OF SOUTH 00051'54" EAST AND A CHORD
LENGTH OF 44.74 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF 1-30;
THENCE SOUTH 43046'47" WEST ALONG SAID RIGHT OF WAY 303.70 FEET TO A 1-1/2"
PIPE SAID POINT BEING A POINT ON THE NORTHERLY RIGHT OF WAY OF OTTER
CREEK ROAD (AHTD JOB # B60109) AS ESTABLISHED BY A SURVEY DATED 08-31-11;
THENCE NORTH 77058'07" WEST ALONG OTTER CREEK ROAD (AHTD JOB # B60109) AS
ESTABLISHED BY A SURVEY DATED 08-31-11 FOR 236.04 FEET; THENCE NORTH
14049'01" EAST LEAVING RIGHT OF WAY OF OTTER CREEK ROAD (AHTD JOB# B60109)
AS ESTABLISHED BY A SURVEY DATED 08-31-11 FOR 315.36 FEET TO THE POINT OF
BEGINNING, CONTAINING 2.47 ACRES MORE OR LESS.
AND
PROPOSED LOT 4
PART OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 13
WEST, PULASKI COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS:
COMMENCING AT A #4 REBAR MARKING THE SOUTHWEST CORNER OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 1
SOUTH,, RANGE 13 WEST; THENCE SOUTH 89035'55" EAST ALONG THE SOUTH LINE OF
SAID NW 1/4 SW 1/4 FOR 1044.07 FEET TO A POINT ON A PROPOSED EAST RIGHT OF
WAY LINE AND THE POINT OF BEGINNING; THENCE LONG SAID EAST RIGHT OF WAY
THE FOLLOWING COURSES; THENCE NORTHERLY ALONG SAID RIGHT OF WAY 163.50
FEET ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 570.00 FEET SAID
Declaration of Easements and Restrictive Covenants
Exhibit B
2465265.4
CURVE HAVING A CHORD DIRECTION OF NORTH 13006'15" EAST AND A CHORD
LENGTH OF 162.94 FEET; THENCE NORTH 21 °19'17" EAST 454.39 FEET; TEHNCE
NORTHEASTERLY ALONG SAID RIGHT OF WAY 328.95 FEET ALONG A CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 770.00 FEET SAID CURVE HAVING
A CHORD DIRECTION OF NORTH 33033'35" EAST AND A CHORD LENGTH OF 326.45
FEET; THENCE NORTH 45°47'54" EAST 24.44 FEET; TEHNCE SOUTH 45°47'31" EAST
LEAVING SAID RIGHT OF WAY LINE 1568.26 FEET TO A POINT ON THE WESTERLY
RIGHT OF WAY OF 1-30; THENCE SOUTH 43°46'47" WEST ALONG SAID RIGHT OF WAY
676.57 FEET TO A POINT ON A PROPOSED NORTH RIGHT OF WAY LINE; THENCE
ALONG SAID PROPOSED NORTH RIGHT OF WAY THE FOLLOWING COURSES;
WESTERLY ALONG SAID RIGHT OF WAY 44.41 FEET ALONG A CURVE CONCAVE
NORTHERLY HAVING A RADIUS OF 30.00 FEET SAID CURVE HAVING A CHORD
DIRECTION OF SOUTH 83035'49" WEST AND A CHORD LENGTH OF 40.47 FEET;
WESTERLY ALONG SAID RIGHT OF WAY 3 16.84 FEET ALONG A CURVE CONCAVE
SOUTHETERLY HAVING A RADIUS OF 480.00 FEET SAID CURVE HAVING A CHORD
DIRECTION OF NORTH 69047'43" WEST A CHORD LENGTH OF 311.12 FEET; THENCE
NORTH 88042'19" WEST 234.43 FEET; THENCE NORTH 07*11'56" EAST LEAVING SAID
RIGHT OF WAY LINE 155.41 FEET; THENCE NORTH 10'43'36" WEST 375.18 FEET;
THENCE NORTH 53058'39" WEST 121.50 FEET; THENCE SOUTH 88°54'02" WEST 342.15
FEET TO A POINT ON A PROPOSED EAST RIGHT OF LINE; THENCE NORTHERLY ALONG
SAID RIGHT OF WAY 15.02 FEET ALONG A CRUVE CONCAVE EASTERLY HAVING A
RADIUS OF 570.00 FEET SAID CURVE HAVING A CHORD DIRECTION OF NORTH
04007'54" EAST AND A CHORD LENGTH OF 15.02 FEET TO THE POINT OF BEGINNING,
CONTAINING 26.89 ACRES MORE OR LESS.
2
2465265.4
EXHIBIT C
[Phase I Description and Final Plat of Phase 1]
PART OF THE SOUTHWEST QUARTER, AND PART OF THE SOUTHEAST QUARTER, ALL
IN SECTION 4, TOWNSHIP 1 SOUTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS
DESCRIBED AS FOLLOWS:
COMMENCING AT A #4 REBAR MARKING THE SOUTHWEST CORNER OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 1
SOUTH, RANGE 13 WEST; THENCE SOUTH 89035'55" EAST ALONG THE SOUTH LINE OF
SAID NW 1/4 SW 1/4 FOR 1044.07 FEET TO A POINT ON A EAST RIGHT OF WAY LINE OF
A ROAD AND THE POINT OF BEGINNING; THENCE ALONG SAID EAST RIGHT OF WAY
THE FOLLOWING COURSES: THENCE NORTHERLY ALONG SAID RIGHT OF WAY 163.50
FEET ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 570.00 FEET SAID
CURVE HAVING A CHORD DIRECTION OF NORTH 13006'15" EAST AND A CHORD
LENGTH OF 162.94 FEET; THENCE NORTH 21 °19'17" EAST 454.39 FEET; THENCE
NORTHEASTERLY ALONG SAID RIGHT OF WAY 328.95 FEET ALONG A CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 770.00 FEET SAID CURVE HAVING A
CHORD DIRECTION OF NORTH 33033'35" EAST AND A CHORD LENGTH OF 326.45 FEET;
THENCE NORTH 45047'54" EAST 24.44 FEET; THENCE SOUTH 45°47'31" EAST LEAVING
SAID RIGHT OF WAY LINE 1568.26 FEET TO A POINT ON THE WESTERLY RIGHT OF
WAY OF 1-30; THENCE SOUTH 43°46'47" WEST ALONG SAID WESTERLY RIGHT OF WAY
1103.96 FEET TO THE INTERSECTION OF THE WEST RIGHT OF WAY OF 1-30 AND THE
NORTH RIGHT OF WAY OF OTTER CREEK ROAD; THENCE ALONG THE NORTH RIGHT
OF WAY OF OTTER CREEK ROAD THE FOLLOWING COURSES: NORTH 77°58'08" WEST
236.04 FEET; THENCE NORTH 58'1017" WEST 18.32 FEET; THENCE NORTH 82°44'03"
WEST 68.81 FEET; THENCE NORTH 80°17'26" WEST 145.12 FEET; THENCE WESTERLY
ALONG SAID RIGHT OF WAY 334.44 FEET ALONG A CURVE CONCAVE SOUTHERLY
HAVING A RADIUS OF 505.00 FEET SAID CURVE HAVING A CHORD DIRECTION OF
SOUTH 82032'55" WEST AND A CHORD LENGTH OF 328.37 FEET; THENCE NORTHERLY
97.44 FEET ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 448.00 FEET
SAID CURVE HAVING A CHORD DIRECTION OF NORTH 02005'06" WEST AND A CHORD
LENGTH OF 97.25 FEET; THENCE NORTH 04008'46" EAST 307.61 FEET; THENCE NORTH
88042'19" WEST 27.19 FEET; THENCE NORTHERLY 47.28 FEET ALONG A CURVE
CONCAVE WESTERLY HAVING A RADIUS OF 955.00 FEET SAID CURVE HAVING A
CHORD DIRECTION OF NORTH 07007" 1" EAST AND A CHORD LENGTH OF 47.27 FEET;
THENCE SOUTH 88042'19" EAST 93.23 FEET TO A POINT ON THE EAST RIGHT OF WAY
LINE OF A PROPOSED ROAD; THENCE ALONG SAID EAST RIGHT OF WAY THE
FOLLOWING COURSES: NORTH 00°24'55" EAST 26.39 FEET; THENCE NORTHERLY
ALONG SAID RIGHT OF WAY 243.74 FEET ALONG A CURVE CONCAVE WESTERLY
HAVING A RADIUS OF 830.00 FEET SAID CURVE HAVING A CHORD DIRECTION OF
NORTH 07059'52" WEST AND A CHORD LENGTH OF 242.87 FEET; THENCE NORTH
16024'38" WEST 46.02 FEET; THENCE NORTHERLY ALONG SAID RIGHT OF WAY 196.85
FEET ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 570.00 FEET SAID
CURVE HAVING A CHORD DIRECTION OF NORTH 06031'01" WEST AND A CHORD
LENGTH OF 195.87 FEET; THENCE NORTHERLY ALONG SAID RIGHT OF WAY 15.02
FEET ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 570.00 FEET SAID
CURVE HAVING A CHORD DIRECTION OF NORTH 04007'54" EAST AND A CHORD
LENGTH OF 15.02 FEET TO THE POINT OF BEGINNING. CONTAINING 40.59 ACRES,
MORE OR LESS.
Declaration of Easements and Restrictive Covenants
Exhibit C
2465265.4
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CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
NAME —Gateway Office Park
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 Improvements remain uncompleted and a punch list has been prepared and sent.
Engineering Specialist
ADDRESSING SPECIALIST'S REPORT
Date:
i h e r vie e p nd fi 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.
e Work orders have been prepared for signage and street lights.
f� Indicate the number of treet signs ordered for this plat for billing to developer
I ��A•r Certain improveme is emain uncompleted and a punch list has been prepared and sent.
Traffic Engineer Date: z
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.
►� +-��"' � Civil Engineer I/II Date:
':1121'3 L
SURVEYOR'S REPORT
I have reviewed the plat and find that:
1 requirements for final plat approval have been satisfied.
Surveyor
MANAGER APPROV
AH Civil Engineering requirements for filing this final plat have been satisfied.
tom" t-a- Date: Z Z
Design Review Engineer/Civil Engineering Manager
Sept 20, 2012
Date: F, e->D I U / Z
Print
Page 1 of 1
From: NAJI, ALLISON V (an0142@att.com)
To: mcgetrick2@sbcglobal.net;
Date: Tue, September 25, 2012 9:23:03 AM
Cc:
Subject: RE: final plat gateway center phase 1
AT&T approves of final plat as of 9/25/12.
Thanks,
Allison Naji
AT& T-Arkansas
Mgr. OSP Planning & Engineering Design
1111 W. Capitol, Room 465
Little Rock, AR 72201
(5O1)373-1168
From: MCGETRICK MCGETRICK[mailto:mcgetrick2@sbcglobal.net]
Sent: Wednesday, September 19, 2012 6:31 PM
To: NAJI, ALLISON V
Subject: final plat gateway center phase 1
Allison,
Please look over the plat, if it is ok please let me know.
Thanks,
Pat
http://us.mg205.mail.yahoo.comldc/launch?.partner=sbc&.gx=1&.rand=05khke4udOpgc 9/25/2012
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Print Page 1 of 1
From: Jim Boyd oim.boyd@lrwu.com)
To: DJames@littlerock.org;
Date: Thu, September 13, 2012 10:51:02 AM
Cc: mcgetrick2@sbcglobal.net;
Subject: Final Plat Phase 1 Gateway Town Center
Donna,
Sewer is not available to Tract "A", Lot 2, and Lot 3 of this plat. It is in place and available for service for
Tract "B", Lot 1, and Lot 4. LRW will need a 15 foot easement parallel to the property line shown as C5.
Any questions let me know.
James Boyd, P.E.
Uttle Rock Wasteviater
Developer Funded Engineer
(501) 688-1414 Work
(501) 352-0390 Mobile
Jim.boydalmu.com
it clearvrater Drive
little Rods. AR 72204
http://us.mg205.mail.yahoo.com/dc/launch?.partner=sbc 9/19/2012
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Page 1 of 1
From: Bates, Joni B. Ooni.bates@centerpointenergy.com)
To: mcgetrick2@sbcglobal.net;
Date: Tue, September 18, 2012 5:12:12 PM
Cc:
Subject: RE: gateway town center final plat
Approved
From: MCGETRICK MCGETRICK[ma i Ito: mcgetrick2@sbcg lobal. net]
Sent: Wednesday, September 12, 2012 11:45 AM
To: Jim Boyd
Cc: blake weindorl; Bates, Joni B.; Rachel Menzies; mcearle@entergy.com
Subject: gateway town center final plat
I have attached the final plat of gateway town center
for your review. If you do not have any revisions,
Please let Donna James know it is ok.
Thanks,
Pat
http://us.mg205.mail.yahoo.com/dc/launch?.partner=sbc 9/19/2012
Print
Page 1 of 1
From: Blake Weindorf (B1ake.Weindorf@carkw.com)
To: djames@littlerock.org;
Date: Tue, September 18, 2012 2:49:42 PM
Cc: Daniel.Tull@carkw.com; mcgetrick2@sbcglobal.net;
Subject: FW: gateway town center final plat
CAW has NO OBJECTIONS to the Gateway Final Plat.
Please let me know if I may be of further assistance.
Thanks,
Blake F. Weindorf, P.E.
Senior Engineer / New Service Supervisor
Central Arkansas Water
501.377.1224
b1ake.weindorf akarkw.cam
From: MCGETRICK MCGETRICK[mailto:mcgetrick2@sbcglobal.net]
Sent: Wednesday, September 12, 2012 11:45 AM
To: Jim Boyd
Cc: Blake Weindorf, Joni Bates; Rachel Menzies; mcearle@entergy.com
Subject: gateway town center final plat
I have attached the final plat of gateway town center
for your review. If you do not have any revisions,
Please let Donna James know it is ok.
Thanks,
Pat
http://us.mg2O5.mail.yahoo.com/dc/launch?.partner=sbc 9/19/2012
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