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Home My WebLink AboutS-1538-N ApplicationN a A PUB w z� 89'35'55' E 464.77' EXHIBIT A- 3 HEIGHT RESTRICTION LOTS LOT 26 645 Acres LOT 27 1.78 Acres LT 25 Z7� 2�7 Acres y 4 C�_iF7C�Its4>• FSam ame rt-_•.'l � �J:➢??:Z4�� rI. �rll:...,_,._.lY iJia�. LINE TABLE CHART IYICE4 METIOR ➢iL1 Ll `07�2' C O3AY 2 7A'S.' ' I3' V L1 L-s lr� 6 19.11' 1 •-�.• r➢TLZ TO CC iLAitC➢ Ar}K. AT A LATER DATE % CXacT DIME.,_ MAY VNJT �• WT TAE CMIIRETT W IW :AMP 1 144E rA L I2/:3 V4.L K iLIL[.CE ca to TIE $MjcA NSLflil P NUP-TWIr ` NC RST;ICIIYd /\\ P0$ mw ruIuIc LOT 23 ti 16 R RATIL➢ a1 Al LATER >NTL ( , ➢11IT or ML KAT 4 0 ITO [LOT n/ pr IMC LJK[D P41VN+ IW7w}� 10 i¢E AP�Pl1CaAC2J4�W LAKP K31AAil u4 USE RE37RICTIp6 s a S � ' A S f �z i?r f 9�� (JiR 70 u.N i LIT 24 - - i.69 Acres'.%� yn 1. vow y W -ua / C2 1 / C III- b I i O VICINITY MAP PROPERTY DESCRIPTION i PART OF THE SOUTHWEST QUARTER, AND PART OF THE NORTHWEST QUARTER, ALL 1N SECTION 4, TOWNSHIP 1 SOUTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS DESCRIBED AS FOLLOWS: COMMENCING AT A 04 REBAR MARKING THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 13 VEST, THENCE SOUTH 89'35'55' EAST ALONG THE SOUTH LINE OF SAID NV 1/4 SW 1/4 FOR 464.77 FEET: THENCE NORTH 04.09'52' WEST 755.15 FEET TO POINT OF BEGINNING; THENCE NORTH 04'09'52' EAST 33.01 FEET; THENCE NORTH 21'13'44' EAST 737.77 FEET; THENCE SOUTH 68'37'57' EAST 307-86 FEET TO A CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 84'55'55' EAST 70.16 FEET; THENCE SOUTH 60'37'57' EAST 156.95 FEET; THENCE SOUTH 56.54'15' EAST 8923 FEET; THENCE SOUTH 44.48'57' VEST 190.94 FEET; THENCE SOUTH 45'47'31' VEST 265.10 FEET TO A POINT [IN THE NORTHWESTERLY RIGHT OF WAY LINE I OF BASS PRO PARKWAY: THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE THE FOLLOWING COURSES SOUTH 45.47'54' WEST 51.98 FEET TO A CURVE TO THE LEFT HAVING A RADIUS OF B30.00 FEET AND CHORD BEARING AND DISTANCE OF SOUTH 33'33'35' VEST 35129 FEET? THENCE SOUTH 21'19'17' WEST 10783 FEET; THENCE NORTH 61'11'13' VEST LEAVING SAID RIGHT OF WAY LINE 334.99 FEET; THENCE SOUTH 21'22'03' WEST 36.87 FEET, THENCE NORTH 60'37'57' VEST 348.42 FEET TO THE POINT BEGINNING. CONTAINING 11.99 ACRES, MORE OR LESS. PROPERTY DESCRIPTION LOTS 22 B 23 PART OF THE SOUTHWEST QUARTER, AND PART OF THE NORTHWEST QUARTER, ALL 1N SECTION 4, TOWNSHIP I SOUTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS DESCRIBED AS FOLLOWS: COMMENCING AT A H4 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 SV 1/4 FOR 464.77 FEET; THENCE NORTH 04'09'52' WEST 755.15 FEET THENCE NORTH 04'09'52' EAST 33.01 FEET; THENCE NORTH 21'13'44' EAST 737.77 FEET; THENCE SOUTH 68'37'57' EAST 307.86 FEET TO A CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 84'55'55' EAST 70.16 FEET; THENCE SOUTH 68'37'57' EAST 156.95 FEET THENCE SOUTH 56'54.15' EAST 8923 FEET TO THE POINT OF BEGINNING THENCE SOUTH THENCE NORTH 50'59'54' EAST 260.93 FEET; THENCE SOUTH 45'4B'16' EAST 245.10 FEET; THENCE SOUTH 45'47'54 WEST 500.91 FEET; THENCE NORTH 45'47'31' VEST 265.10 FEET; THENCE NORTH 44'4B'57' EAST 190.94 FEET TO THE POINT OF BEGINNING CONTAINIG 2.69 ACRES MORE OR LESS NOTE: THIS EXHIBIT IS FOR THE PURPOSES OF SHOWING PROPERTY SUBJECT TO HEIGHT AND RESTAURANT USE RESTRICTIONS. AS WELL AS, ACCESS ROAD AND DRAINAGE / UTILITY EASEMENTS NOTES, 1• BEARING DATUM BASED ON PAGIS BPS REFERENCE STATION 2. IRON PINS (#4 REBAR) SET AT ALL LOT CORNERS 3. LINEAR ERROR OF CLOSURE EXCEEDS 1/10000 UNADJUSTED 4. ALL EASEMENTS MAY BE USED FOR DRAINAGE AND/OR UTILITIES 5. ALL DIMENSIONS ON CURVES ARE CHORD DISTANCES. PHASE 4 GATEWAY TOWN CENTER ROCK, ARKANSAS gLITTLE vkR W NAS S 2 11601 BASS PRO PARKWAY rTLL ROCX, A"AWp * 72210 CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVAL FINAL PLAT NAME: GATEWAY TOWN CENTER PHASE IV 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 Date: ADDRESSING SPECIALIST REPORT I have revi ed the plat and nd that the street names and street configuration are acceptable. _ Addressing Specialist Date:�� TRAFFIC ENGINEER REP T I have reviewed the plat and find that: All streetlight installation, striping, signage and other traffic improvenieitts have been constructed and are in conformance with City requirements/standards. street signs should be ordered and billed to developer. Work orders have been prepared for signage. Certain improvements remain uncompleted and a punch list has been prepared and sent. Approved engineering drawings for streetlight system have been received and approved, Applicant is responsible to furnish as -built drawings once streetlights have been installed. Traffic. Engineer CIVIL ENGINEER REPORT I have reviewed the file for this matter and find that: Date: 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. As -built drainage plans in electronic form have been submitted. All other requirements for final plat approval have been satisfied. Civil Engineer 1/11 SURVEYOR REPORT 1 have reviewed the plat and find that: C All requirements for Final plat approval have been satisfied. a•r Surveyor MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfed. .�=-{-�-- .---�- Dater Design Review Engineer/Civil Engineering Manager F.flective: Aug 16. 2016 Date: � �3 1 J Date: o err 8/22/2016 (855 unread) - mcgetrick2@sbcglobal.net - att.net Mail ift AT&T Mail News Sports Finance Weather Entertainment Mobile DIRECTV U-verse att.com More En Espanol Q All - Search I Search Mail Search Web * Home ® PAT ® ® a, 0 Compose « ♦ p Archive bill Move ® Delete d Spam ••• More * ♦ X Inbox (855) Gateway Phase 4 Drafts (6) Vincent Hotho <Steven.Hotho@Irwu.com> (vj Today at 3:06 PM Sent To 'James, Donna' Archive CC PATRICK MCGETRICK Spam (1) Trash (2) Donna, This is Patrick's plat as submitted for Gateway Phase 4. He has an approved set of sewer plans to > SmartViews serve the proposed theater, therefore we have no objection to this plat. Folders S. Vincent Hotho, P.E. Drafts Program Supervisor Little Rock Wastewater Utility > Recent Vic:501.688.1452 Mbl: 501.442.6042 Gateway ....pdf * Reply <+ Reply to All ♦ Forward ••• More Click to reply all [ Send (v/ Tt B 113 .- +_ = C, Q ab:/ - D CLASSIC ACCENTS Encore upholds Buick luxury standards — the chrome waterfall grille, chrome accents, portholes, surrounds and ln-shield emblem El El Shop Locally 0 https://mg. mail.yahoo.com/neo/launch?.partner—sbc&. rand=dj3tg9elvvh9i#ma i I 1/1 8/21/2016 (853 unread) - mcgetrick2@sbcglobal.net- att.net Mail O Compose Inbox (853) Drafts (6) Sent Archive Spam (27) Trash (7) > Smart Views - Folders Drafts Recent Jason Lowder Sam Patton MT Little Rock City Co Arkansas Daily Deal Here's your Weel Vincent Hotho 21622 - Creek Plaza Rachel Mattes FW: Movie Tavern - Lit q All Search Home PAT <h ♦ IN Archive O Move � ® Deli CdlpIfspaM * KXre Companies With the Largest Trading Volume Gateway phase 4 (6) People #1 MCGETRICK MCGETRICK Please find attacl- (R/ Aug 9 at 8.43 AM WMIARA Bates, Joni B. <joni.bates@centerpointenergy.com> Aug 9 at 10:08 AM To 'mcgetrick2@sbcglobal.net' Joni Bates Marketing Coordinator CenterPoint Energy 501-377-455B Cetrterftint Energy From: Clark, Samuel T Sent: Tuesday, August 09, 2016 9:52 AM To: Bates, Joni B. Subject: RE: Gateway phase 4 Joni, CNP operates a 4" gas main in the Bass Pro Parkway ROW but has no facilities present within the plat bounds as shown; therefore, CNP has no objections with the proposed plat. Thank you, Sam Clark, El Engineer11 Southern Gas Operations I Arkansas/Oklahoma Region 401 W. Capitol Ave, Suite 600 1 Little Rock, AR 72201 Direct: 501-377-4738 1 Mobile: 501-680-2095 samuol rinrkHtrrenteroaintenerov corn it Ce ft~t Eaw From: Bates, Joni B. Sent: Tuesday, August 09, 2016 9:28 AM To: Clark, Samuel T Subject: FW: Gateway phase 4 Sam: Can you please review. Thanks, Joni From: MCGETRICK MCGETRICK fmailto mrgetrick2tashcgiobal.netl Sent Tuesday, August 09, 2016 8:43 AM To: Bates, Joni B.; Jonathan Long; JOSEPH E. MANION; Vincent Hotho; Vance Harper, MICHAEL D. CEARLEY 0 Subject: Gateway phase 4 https://mg.mai I.yahoo.com/neoAaunch?.partner=sbc&.rand=cpfdfl m9g6nto#mail First Niagara Financial Group I... NASDAQ:FNFG I Buffalo, New York Current Trading Volume: 79AM i SEETHELIST p 1/1 8/21/2016 (853 unread) - mcgetrick2@sbcglobal.net- att.net Mail q All Search Home PAT} Compose « ♦ Archive i0 Move ® Deli Cdlpl spaUl AD6re Companies With the Largest Inbox (853) Drafts (6) Sent Archive Spam (27) Trash (7) > Smart Views - Folders Drafts v Recent Jason Lowder Sam Patton MT Little Rock City Co Arkansas Daily Deal Here's your Weel Vincent Hotho 21622 - Creek Plaza Rachel Mattes FW: Movie Tavern - Lit Trading Volume Gateway phase 4 (6) People #1 MCGETRICK MCGETRICK Please find attach (v/ Aug 9 at 8:43 AM lkFIRST Aria Bates, Joni B. <joni.bates@centerpointenei (vj Aug 9 at 10:08 AM nrrZ MANION, JOSEPH E <jm4138@att,com> Ce9l Aug 9 at 4:38 PM To DONNA JAMES - CITY OF LITTLE ROCK (djames@littlerock.org) CC 'Mcgetrick2@sbcglobal.net' AT&T approves of this plat. > Show original message GATEWAY .-pdf /a Reply <♦► Reply to All ♦ Forward ••• More Harper, Vance <VHarper@littlerock_org> 491 Aug 16 at 8:55 AM MCGETRICK MCGETRICK On Tuesday, Aug ce?l Aug 16 at 12:18 PM Jason Lowder <Jason.Lowder@carkw.com> (r%j Aug 18 at 1:03 PM To mcgetrick2@sbcglobal.net CC Jonathan Long, djames@littlerock.org Central Arkansas Water approves with the following comments: 1) All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2) A water main extension will be needed to provide water service to this property. 3) Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. 4) This development will have a minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Jason Lowder, Engineering Technician jason.lowder@carkw.com 501-377-1245 (;.We er C:ert el=[vfpiW First Niagara Financial Group I... NASDAQ:FNFG I Buffalo, New York Current Trading Volume: 79AM SEETHELIST r 0 https://mg.mai I.yahoo.com/neoAaunch?.partner=sbc&.rand=cpfdfl m9g6nto#mail 1/1 8/21/2016 Pri nt Subject: RE: Gateway phase 4 From: Jason Lowder (Jason. Lowder@carkw.com) To: mcgetdck2@sbeglobal.net; Cc: Jonathan. Long@carkw.com; djames@littlerock.org; Date: Thursday, August 18, 2016 1:03 PM Central Arkansas Water approves with the following comments: 1) All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2) A water main extension will be needed to provide water service to this property. 3) Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. 4) This development will have a minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Jason Lowder, Engineering Technician jason.lowder@carkw.com 501-377-1245 :,''Mater nuat,IA-0DWIn„ From: Jonathan Long Sent, Thursday, August 18, 2016 9:42 AM To: Jason Lowder Subject: FW: Gateway phase 4 aboutblank 112 This Instrument Prepared by: Price C. Gardner FRIDAY, ELDREDGE & CLARK, LLP 400 West Capitol Avenue, Suite 2000 Little Rock, Arkansas 72201 1111111111111111111111111111 IN 111111111 2016052543 PRESENTED: 08-23-2016 04-10-17 PM RECORDED: 08-23-2016 04:14:47 PM In Official Records of Larry Crane CircuWCounty Clerk PULASKI CO, AR FEE $90.00 DECLARATION OF COVENANTS AND RESTRICTIVE COVENANTS FOR PHASE 4 — GATEWAY TOWN CENTER THIS DECLARATION OF COVENANTS AND RESTRICTIVE COVENANTS FOR PHASE 4- GATEWAY TOWN CENTER (this "Declaration") is made as of the J`J- day of Lt 5 �- 2016, by Gateway Creek, LLC, an Arkansas limited liability company (hereinafter referred to as the "Grantor"). RECITALS WHEREAS, the Grantor is the fee owner of the property described on Exhibit A attached hereto (the "Tract C Property"); WHEREAS, the Grantor has caused of portion of the Tract C Property as described on Exhibit A-1 attached hereto (the "Phase 4 Property") to be surveyed by McGeterick & McGeterick, as a plat identified by the title "Phase 4 Gateway Town Center, Little Rock, Arkansas." The plat bears the signatures and seals of Patrick McGeterick, Registered Professional Engineer, and Aaron Rasbury, Registered Professional Land Surveyor (the "Phase 4 Property Plat"), a copy of which is attached hereto as Exhibit A-2 and made a part hereof, Pl.,,4- 4t# 2-016 a-��a Sqy WHEREAS, the Phase 4 Property Plat shows the Phase 4 Property being divided into four (4) separately drawn lots that are designated on the Phase 4 Property Plat as Lots 24 through 27 (each a "Lot" or the "Lots"); WHEREAS, each Lot will be more particularly described on the final plat filed with respect to each Lot or subdivision thereof (the "Final Plat"); WHEREAS, the Phase 4 Property is part of Gateway Town Center, and is subject to those certain covenants set forth in the following: (i) that certain Declaration of Covenants and Restrictive Covenants filed of record as Instrument Number 2012062717 in the records of the Circuit Clerk of Pulaski County, Arkansas; (ii) that certain Declaration of Covenants and Restrictive Covenants filed of record as Instrument Number 2013003775 in the records of the Circuit Clerk of Pulaski County, Arkansas; (iii) that certain Declaration of {N3263349.51 I Covenants and Restrictive Covenants filed of record as Instrument Number 2013003776 in the records of the Circuit Clerk of Pulaski County, Arkansas; (iv) that certain Supplemental Declaration of Covenants and Restrictive Covenants filed of as Instrument Number 2014007348 in the records of the CircuitClerk of Pulaski County, Arkansas; (v) that certain Declaration of Covenants and Restrictive Covenants filed of record as Instrument Number 2015058961 in the records of the Circuit Clerk of Pulaski County, Arkansas; and (vi) that certain Amendment to Declaration of Covenants and Restrictions filed of record as Instrument Number 2015051433 in the records of the Circuit Clerk of Pulaski County, Arkansas (collectively, the "Gateway Covenants"); WHEREAS, the Grantor desires to file this Declaration in addition to and as a supplement to the Gateway Covenants to further protect its interest and the interests of others which may in the future become fee owners of a Lot, including the owner of Lot 26 which Lot 26 is identified on the Phase 4 Property Plat (together, with its successors, transferees, lessees affiliates and assigns, "Lot 26 Owner"). Grantor and those future fee owners may be hereinafter collectively referred to as "Parties" or singularly as a "Party"; and WHEREAS, the Grantor hereby establishes, to the fullest extent permitted by law, certain covenants, restrictions and charges upon the Phase 4 Property and the Remaining Tract C and Gateway Otter, LL'C Property (as defined below) (collectively, the "2016 Restrictions") as are hereinafter set forth, subject to which each lot shall be improved, held, exchanged, leased, sold and/or conveyed. Each of the 2016 Restrictions is imposed upon each lot as a mutual equitable servitude and they shall be and operate as covenants running with the land for the benefit of the Phase 4 Property in each and every part and portion thereof. NOW, THEREFORE, in consideration of the foregoing, and the covenants and agreements set forth herein, the Grantor agrees as follows: Incorporation of Gateway Covenants. Grantor acknowledges, ratifies and confirms that the Phase 4 Property and development thereof are expressly subject to the covenants set forth in the following: (i) that certain Declaration of Covenants and Restrictive Covenants filed of record as Instrument Number 2012062717 in the records of the Circuit Clerk of Pulaski County, Arkansas; (ii) that certain Declaration of Covenants and Restrictive Covenants filed of record as Instrument Number 2013003775 in the records of the Circuit Clerk of Pulaski County, Arkansas; (iii) that certain Declaration of Covenants and Restrictive Covenants filed of record as Instrument Number 2013003776 in the records of the Circuit Clerk of Pulaski County, Arkansas; (iv) that certain Supplemental Declaration of Covenants and Restrictive Covenants filed of as Instrument Number 2014007348 in the records of the Circuit Clerk of Pulaski County, Arkansas; (v) that certain Declaration of Covenants and Restrictive Covenants filed of record as Instrument Number 2015058961 in the records of the Circuit Clerk of Pulaski County, Arkansas; and (vi) that certain Amendment to Declaration of Covenants and Restrictions filed of record as Instrument Number 2015051433 in the records of (N3263349.5)2 the Circuit Clerk of Pulaski County, Arkansas (collectively, the "Gateway Covenants"). Grantor hereby incorporates the Gateway Covenants into this Declaration and makes them a part hereof by reference as if set forth word for word herein. To the extent that the terms and conditions of this Declaration conflict with or contradict the terms of the Gateway Covenants and this restriction or covenant under this Declaration is less restrictive than the Gateway Covenants, then the Gateway Covenants shall be deemed controlling, but in all other cases the terms of this Declaration shall be deemed to control. Any capitalized terms not otherwise defined in this Declaration shall have the definition and meaning ascribed thereto under the Gateway Covenants. 2. Use. (a) Types of Uses. The types of uses permitted on the Property (as defined below) shall be of a general office, retail, educational and/or commercial nature found in office, retail, educational and commercial developments in Little Rock, Arkansas, consistent with the zoning covering each Lot and not otherwise prohibited in the Gateway Covenants or herein below; provided, nothing contained herein shall be construed to require any owner of a Lot to open or operate any form of business in the Property for any period of time or at all, but it may operate any form of business not prohibited herein or by law or otherwise. (b) General Restrictions. The following uses shall be prohibited on any portion of the Phase 4 Property and the other property that is accessed from Bass Pro Parkway (main ring road) or Grove Road (side ring road) and owned or controlled by Grantor or an affiliate of Grantor or any lessee, licensee, grantee or easement holder of Grantor or any affiliate of Grantor, being described on Exhibit B attached hereto and made a part hereof (the "Remaining Tract C and Gateway Otter, LLC Property," together with the Phase 4 Property referred to herein as the "Property"): (i) any theater or cinema (except such use shall be permitted on Lot 26); (ii) any wholesale businesses; (iii) any first generation (defined as originally constructed for) Dollar General or Family Dollar type discount stores or retailers (which for the avoidance of doubt does not include stores or retailers like Stein Mart, Kohl's, Marshalls or TJ Maxx); (iv) any second-hand or thrift stores, or flea markets. Such restriction shall not apply to tasteful first-class antique malls or furniture retailers; (v) any massage parlor: (vi) any sales of any pornographic, lewd, suggestive or "adult" newspaper, book, magazine, film, picture, representation or merchandise of any kind; (vii) any skating rink, bowling alley, teenage discotheque, discotheque, dance hall, video poker/blackjack or slot game parlor, off track betting facility, casino, card club, bingo parlor, facility {N3263349.5}3 containing gambling operations equipment, amusement gallery, play for fun casino games, rodeo simulations, and carnival activities, except that the foregoing shall not apply to a Dave & Busters or to a business where the use of up to three (3) pool tables and/or ten (10) electronic games is ancillary to the primary business concept; (viii) any school, training, educational or day care facility that would affect Lot 26 Owner's liquor license; (ix) any storage, display or sale of explosives, fireworks or other non -consumer related retail hazardous substances; (x) any mobile home or trailer court, labor camp, junk yard, stock yard or animal raising; (xi) any fire sale, bankruptcy sale or auction operation; (xii) any church, synagogue, mosque or other place of worship that would affect Lot 26 Owner's liquor license; (xiii) any cemetery, mortuary or similar service establishment; (xiv) any industrial use or self -storage; car dealership; or (xv) any motor vehicle fuel, repair or service stations except as an ancillary use to a (xvi) any dry cleaning facilities, excluding, however, pick up and drop off sites. (c) Additional Restrictions on Initial Use of Certain Lots. In addition to the general restrictions on use set forth in Gateway Covenants or subsection (b) above, not more than two (2) specialty food type dining restaurants with an ancillary bar (i.e. PF Changs, Bonefish Grill, Olive Garden, Red Lobster, Chuy's, On The Border, Carino's, Longhorn Steakhouse, etc.) and no American style casual dining restaurant with a sizeable bar business or that serves specialty drinks (i.e., Friday's, Applebee's, Chili's, Cheesecake Factory, etc.) shall be located on Lots 22, 23, 24 and/or 25, which lots are shown on the Phase 4 Property with Lots 22 and 23 Added Drawing that is attached hereto as Exhibit A-3 (the "Lots 22-27 Drawing"), so long as Lot 26 is used as a Movie Tavern or any successor theater or cinema that serves American style casual food and alcohol. Lots 24 and 25 are the same Lots shown on the Phase 4 Property Plat. (d) Height Restrictions on Certain Lots. No buildings, improvements or other constructions on Lots, 23 or 24 (which Lots are shown on the Lots 22-27 Drawing) shall exceed twenty-seven and one-half (27.5) feet in height. No buildings, improvements or other constructions on Lots 22 or 25 (which Lots are shown on the Lots 22-27 Drawing) shall exceed thirty (30) feet in height. Drainage, Utility and Service Easements. Grantor grants and subjects the Phase 4 Property to and grants for the benefit of each Lot, perpetual, nonexclusive easements within the "Utility Easement Areas" as shown on the Phase 4 Property Plat for the installation, operation, flow, passage, use, maintenance, {N3263349.5}4 connection, repair, relocation, and removal of underground lines or systems for utilities serving any or all ofthe other Lots, including but not limited to, sanitary sewers, stormwater drains, cable TV, water (fire and domestic), irrigation, gas, electrical, telephone and communication lines, together with the right of ingress and egress for installation, maintenance and repair thereof necessary for the orderly development in Grantor's discretion and operation of the Phase 4 Property and each Lot. All construction, alteration, and repair work to any utility described in this Section 3 shall be accomplished in an expeditious manner, in compliance with all laws, rules, regulations, orders, permits, approvals and licenses of governmental authorities having jurisdiction. Such construction of any utilities by Grantor or any Lot owner shall be subject to the construction standards required to cause acceptance thereof by the City of Little Rock, Arkansas Department of Health or utility service, as the case may be. Grantor or the Lot owner undertaking such work shall take all reasonably necessary measures to minimize any disruption or inconvenience caused by such work and, except in the case of an emergency, shall give the affected Lot owners and tenants written notice a minimum of three (3) business days 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 each Lot on which the work is being done. If such work requires excavation of any portiowof any road, the Grantor or the lot owner causing such work to be done shall use all reasonable efforts to cause such excavation to commence and be completed during hours when the business places in the Phase 4 Property are not open for business to the public and, in any event, shall provide suitable alternative ingress and egress immediately adjacent to said road if it is not practical to keep at least one lane of said road open during the work. Any excavation of any access roadway within the Phase 4 Property shall be properly backfilled within twenty-four (24) hours, if reasonably practical. Grantor or the Owner undertaking such work shall repair or replace, at its own cost and expense any and all damage caused by such work or suffered by the non - undertaking Lot owners, and, upon completion of such work, shall promptly restore or replace the affected portion of the Phase 4 Property or each Lot upon which such work is performed to a condition which is equal to or better than the condition which existed prior to the beginning of such work. In addition, Grantor or the Lot owner undertaking such work shall promptly pay all costs and expenses associated therewith and shall defend, indemnify and hold the other Lot 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. Grantor and any Lot owner shall not undertake construction activity on another Lot owner's or the Phase 4 Property not owned by such Lot owner in connection with this Section 3, without the prior consent of such Lot owner. 4. Water Flow and Sanitary Sewer. (a) Flow of Water. The owner of each Lot shall determine in its sole, but reasonable, (N3263349.5)5 discretion the most effective location for drainage purposes for the placement of any and all components of such underground drainage system to be located on its Lot (the "Drainage Plan") and shall submit the Drainage Plan to the Grantor for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything contained herein to the contrary, in no event shall any owner of a Lot be permitted to change the natural flow of the surface water run-off from each Lot in any manner which increases the concentration of such surface water run-off onto an adjoining Lot. (b) Storm Water System. Each Lot owner will construct, on each of their respective Lot's and shall thereafter maintain at such owner's sole cost and expense, the improvements reasonably necessary as required by applicable law to control the storm water run-off from such Lot and to transport the same under or across the applicable Phase 4 Property to storm water sewer shown on the Phase 4 Property Plat and in accordance with the Drainage Plan. 5. Reciprocal Access Easements. (a) Grant of Access, Ingress and Egress Easement. Grantor does hereby dedicate, create, establish, and declare a private, perpetual, non-exclusive access, ingress and egress easement over, through, upon and across the paved portion of each lot that is not specifically designated and stripped as a parking space or no parking area (the "Access Drive Areas") necessary to provide and serve as a means of vehicular access and way of ingress and egress to and from Bass Pro Parkway and/or Gateway Grove Loop for the use and benefit of the present owner and future owner(s) of each Lot, their tenants and their respective employees, contractors, mortgagees, customers, tenants, licensees and invitees, in the full use and enjoyment of each lots and Property, including an Access Drive Area for Lot 26 that runs through Lots 23 and 24 and is shown on the Phase 4 Property Plat and the Lots 22-27 Drawing (the "Lot 26 Access Drive Area"). The Access Drive Areas on each Lot shall also be specifically designated on the Final Plat of each Lot (including the Lot 26 Access Drive Area), subject to the prior approval of the Lot 26 Owner and any other Lot Owner, which approval shall not be unreasonably withheld, conditioned or delayed. (b) Construction of Access Drives. The Access Drive Areas, site improvements for such Access Drive Areas (such as driveways), drainage, sewer, curbs and guttering, sidewalks, turn -in and access lanes shall be constructed in accordance with the standards reasonably established by the Grantor and sufficient to meet the standards acceptable to the City of Little Rock, Arkansas. Grantor shall have no obligation for the costs of associated with the Access Drive Areas, site improvements, drainage, sewer, curbs and guttering, sidewalks, turn -in and access lanes other than except for the Lot 26 Access Drive Area which Grantor shall construct and pay for and as otherwise set forth herein and all such areas and improvements necessary to provide access to a Lot shall be paid for by the Owner of each Lot. (c) Maintenance of Access Drive Area. The Access Drive Areas shall be maintained by {N3263349.5}6 the owners of each Lot and the owners other portions of the Property, as applicable, in good condition and repair at their sole cost and expense. (d) No Public Rights Created. Nothing herein shall create or be construed to create any rights in and/or for the benefit of the general public in or to the easement areas established and created by this Section 5, subject to Section 5(a) above. (e) No Cross Parkin.. No invitees, employees or agents of an owner of a Lot or any other portions of the Property shall have any right to park on each Lot, except where the parties have made a separate agreement. 6. Enforcement of Obligations. In the event legal proceedings are brought or commenced to enforce any of the terms of this Declaration against any owner of a Lot, party or other person with an interest in each Lot, the successful party in such action shall be entitled to receive and shall receive from the defaulting owner any and all damages permitted by law, plus a reasonable sum as attorneys, fees and costs, to be fixed by the court in the same action. Grantor, for so long as Grantor owns any portion of the Phase 4 Property covered by the Gateway Covenants, including the 2016 Restrictions, the Lot 26 Owner and/or a majority of the owners of the other Lots reflected on the Final Plat, as may be hereafter amended or modified, provided that such amendment or modification is first approved by Lot owners owning 85% of the square footage of all Lots ("Majority in Interest") at the time of such amendment or modification, (with such majority in interest being determined based on the respective square footage of such Lots) shall have the right to commence any action to enforce the obligations of a Lot owner under this Declaration. Any Lot owner shall have the right to enforce the obligations and restrictions set forth in Paragraph 2 above, unless a Majority in Interest of the Lot owners have approved such use; provided, however, no change to the obligations and restrictions contained in Paragraph 2(b), (c) or (d) shall be effective without the prior approval of the Lot 26 Owner. No re -Plat, Subdivision or Re -Zoning -of Lot Permitted. Grantor reserves the right to final plat, re -plat, and/or subdivide all or any portion of any Lot so long as Grantor is the fee owner of such Lot. Following initial acquisition of a Lot from the Grantor, no Lot owner of a Lot shall be permitted to re -plat, subdivide or re -zone any portion of such Lot during the term this Declaration is in effect without written consent of the Grantor (which consent shall not be unreasonably withheld) for so long as the Grantor owns an interest in the Phase 4 Property covered by the Gateway Covenants, including the 2016 Restrictions. - Modifications. All negotiations and oral agreements acceptable to the Grantor have been incorporated herein. Except as otherwise provided herein, this Declaration may not be modified in any respect whatsoever or rescinded, in whole or in part, except in writing executed by the Grantor and other Lot owners, for so long as the Grantor owns an interest in any of the Phase 4 Property covered by the Gateway Covenants, including the 2016 restrictions, and then thereafter by a Majority in Interest of the owners of the Lots. {N3263349.51 % 9. Duration. Unless otherwise canceled or terminated, all of the easements granted in this Declaration shall continue in perpetuity and all other rights and obligations hereof shall automatically and be of no further force and effect ninety-nine (99) years after the date of filing hereof. 10. Miscellaneous. (a) Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of any Lot to the general public or for any public purposes whatsoever, it being the intention of the Grantor and Lot owners that this Declaration shall be strictly limited to and for the purposes herein expressed. (b) 5everability. If any term or provision of this Declaration or the application of it to any person or circumstance shall to any extent be invalid and unenforceable, the remainder of this Declaration or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each term and provision of this Declaration shall be valid and shall be enforced to the extent permitted by law. (c) Governing Law. This Declaration shall be construed and enforced in accordance with, and governed by, the law of the State of Arkansas. (d) No Presumption. This Declaration shall be interpreted and construed only by the contents hereof and there shall be no presumption or standard of construction in favor of or against Grantor or any Lot owner. (e) Inurement and Binding Effect. This Declaration and the easements, covenants, benefits and obligations created hereby shall inure to the benefit and be binding upon Grantor and each subsequent owner of a Lot, and their respective successors and assigns (f) Other Agreements. Nothing herein shall restrict a Lot owner from imposing upon any tenant of any Lot more restrictions and/or higher standards than set forth herein. (g) Subdivision and Zoning Ordinances. Notwithstanding any provision hereof to the contrary, any lawful restrictions imposed by the City of Little Rock, Arkansas, which is more restrictive on use than the provisions hereof shall be applicable and shall supersede the provisions hereof. (h) Entire Agreement. This Declaration and the Gateway Covenants constitute the entire agreement regarding this subject matter between the Parties hereto. The Parties do not rely on any statement, promise or representation not herein expressed, and this Declaration, once executed, delivered and filed, shall not be modified or altered in any respect except as provided herein. (i) No Third Party Beneficiaries. No party, other than the Lot owners and Grantor shall have any rights or benefits of this Declaration. (N3263349.5 )g [Signature Pages Follow.] {N3263349.5}9 11. Joinder of Remaining Tract C & Gateway Otter. LLC Property Owners. As evidenced by their signatures below, the owners of the Remaining Tract C Property & adjacent Gateway Otter, LLC ownership acknowledge and agree that the Remaining Tract C Property & adjacent Gateway Otter, LLC shall be subject to the restrictions and obligations set forth in Paragraph 2 above as they relate to the use of the Remaining Tract C Property, adjacent Gateway Otter, LLC and that restrictions imposed on the Phase 4 Property is of direct benefit to the owners of the Remaining Tract C Property & adjacent Gateway Otter, LLC and constitutes good and valuable consideration received for the agreement of the Remaining Tract C & adjacent Gateway Otter, LLC Property owners agreement to subject their property to the terms of this Declaration. IN WITNESS WHEREOF, this Declaration has been executed as of the date first above written. GRANTOR: GATEWAY CREEK, LLC By: Gateway Manager, LLC Its Manager , By: r laaec mith, JOINDER For purposes of agreeing to the covenants and restrictions hereof that affect the Remaining Tract C Property & adjacent Gateway Otter, LLC, the following parties hereby join and become a part of this Declaration. %%j tad mly;a inciusic, of minimum star' &, requires] by 1ha Gity of otdo Rock sut 4W1s,orr =�iatf"- 876, of Assur1ce provisions og��::sw b'['rno dev$lpptar m3 exwCd minimum rvaulagons of thO Rock subdYl$l= am Zoninj ordinances. CAV of tmla Rock Planning Gornmisslon GATEWAY CREEK, LLC By: Gateway Manager, LLC Its Hager By: {I ac Smith, ager GATEWAY OTTER, LLC By: Gateway Manager, LLC Its M ager By: G� saac Smith, Manager (N3263349.5)10 ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI ) On this day, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named Isaac Smith, to me personally well known, who stated that he was the Manager of Gateway Manager, LLC, an Arkansas limited liability company and the duly authorized manager of GATEWAY CREEK, LLC, an Arkansas limited liability company, and that he was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said limited liability company, and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of QL LI q Lt S� , 2016. 1„11�1,►, My Commission Expires: l- / -oz ,)- STATE OF ARKANSAS COUNTY OF PULASKI ��» raej� 'COMM. EXP% 11-1-2022 *:No. 12390393:*= :0' PULASKI '�__ q'. COUNTY 1 ) ss. d o Notary Public ACKNOWLEDGMENT On this day, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named Isaac Smith, to me personally well known, who stated that he was the Manager of Gateway Manager, LLC, an Arkansas limited liability company and the duly authorized manager of GATEWAY OTTER, LLC, an Arkansas limited liability company, and that he was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said limited liability company, and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this A day of fi 5 2016. My Commission Expires: PF� s '• .'COMM. 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