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HomeMy WebLinkAboutS-1538-P Applicationg�> �a y -3 0 Cl) —3 r xoi7b �xr L�J Z y cn � a� M F: m 6 s ,A� o r5"n [ comOi� c Z o a Rr zz g noRp w m > -mF W€ i hem �05 LF �5 et A mm IQ L1 D 1 Ll m f' 1 D = f'l D O� D m £ N A A ZTT n m o ^w z �1 z 0 l P n r I and <y ma ofLn y Y mA m y 10. F D 1 Ll D � D f'l £ { < C7 .T7 = r D .3 O m frl m£ C, N Z m m r r n A r i �pprI . rli4 i � 'i CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: GATEWAY TOWN CENTER LOT 23 PHASE 4 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 reviewed the plat and find that the street names and street configuration are acceptable. Addressing Specialist Date: TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: All streetlight installation, striping, signage and other traffic improvements 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 Date: 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. 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 I have reviewed the plat and find that: All requirements for final plat approval have been satisfied. Surveyor MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. V--. ' �rT x" — Date: J 0 / 1 (,; I I —T Design Review Engineer/Civil Engineering Manager Effective: Sept 27, 2017 Date: Dater S cn v < v I` le A r N : to D N p 7 3 A p ID d °vi' 3 s ,O.' ;: 06 n s 3 m x 3 3 is -O --- N F N O S O N O O O 3 3 T. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ r ❑ ❑ ❑ m ❑ 2 O O -m; v Wof -0 3rD lu �F- K o K 3 w to i < _ N; m D( fD mvi 7 n' mOf1 O SD n w (D� j 3 �^ 3 m m N z O �O j m Q -m•I a m j 30 '� N Ll N = N A Z O N u'i 1011 S rD N 3 r `G (D n D S N (gyp Ln C (D n n 7 a (D N r�o N C 3 A N n C Q n Q N m N N n ° Q N m O N C (1 (D (D -° s S s �- = a L, 0- n N w m O O # O < N vOi U N r! 0 W O K p ID O c n o a w ° O • m ° Gl m O Z m 3 r. �' c °i n A m D o o to c ,- s — 'm s* a o 0 (l M o t §. *c `c` - t t D �o O O o (D 0 o O n a G QO a a - Ol W 01 �. Ol W 61 �I 01 lw., 01 N 01 A 01 N to W w W l0 N 1 D L" D .. (n u, D io ° v °' n °� 3 3 n m n 0 w m s m m v i v a o WL o m Z (o _Z O �. 1 a 3 m a> oo eD D. 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I really appred. 3 MCGETRICK MCGETRICK Please find attact (Vj Sep 19 at 12:51 PM ❑ me Mary, me Oct 9 + 5 more messages MAINTENANCE BONDS one year 3 Carpenter, Adam B<adamcarpenter@centerpointOeW&a%A:07 PM ❑ MCGETRICK MCGETRICI Oa 9 To mcgetrick2@sbcglobal.net ■ [No Subject] CC Bates, Joni B. I will pick you up. Pat 12 Pat, Last week The attached plats, as shown, do not appear to be in conflict ❑ Isaac -me, Karen (v Oct 6 with our existing facilities. Per usual, we advise calling 811 before Lot 15 & Lot 23 construction. If you have any other questions, feel free to give Price, we'll get original to you on 14 me a call. ❑ Vincent, me 091 Oct Thanks! Bass Pro Phase 2 Already got the contractor on it 1 2 Adam Carpenter ❑ Deann Rivera (J Oct 6 Engineer II 1 Arkansas Gas Engineering Lott Teresa Addition Office: 501-377-4718 I Mobile: 501-351-5342 Deann Rivera Computer Aid Drafter 3( ❑ C t (v EMW me... arpen er, Oct final plats lot 15, 23 gateway town Pat, The attached plats, as shown, 7 > Show original message Li Oct 6 2 Attachments View all Download all r Pat sae atWhed Dr, vn i n ri rn 3 ❑ Rick Shuffield Oct6 RE: [EXT] Re: Palestine Pat, Thanks for the update. I will defini ❑ Michelle... Michelle (vj Oct RE: [EXT] Yes, you should have it in the con 3 ❑ Office 365 Support Oct Office 365 Ticket #30126-6515820 Hi this is Gilbert, your Microsoft Office ❑ MCGETRICK MCGETRICK Oct6 [No Subject] No 4 ❑ Rick, me Oct6 Palestine On Friday, October 6, 2017 9:55 F 3 ❑ MCGETRICK MCGETRICK Day [No Subject] YES 6 ❑ MCGETRICK MCGETRICK Oct 5 [No Subject] Hey dear Things are not going wi 12 ❑ yanirbz@gmail.com Oct 5 [No Subject] Hey Pat, Hope that you are doing well ❑ Scott -me, Scott (vj Oct 5 Blackmon - Description for Street R Pat Checking in on the right of w 4 ❑ Patel Deepak CR/ Oct 5 Land Pat can you look at the topo on lot c 1 ❑ SMalecki@vccusa.co (di Octs 1916-033 Movie Tavern Revised Foi Pat, Per our conversation yesterd; 6 ❑ Pascal Aughtry (ry Oct4 N. Little Rock, AR Pat Thanks for quick turnaround revisi ❑ MCGETRICK MCGETRICK Oct4 [No Subject] If you can find another sc-- Ffil fl Bra ndon,..Brandon GU Oct4 hftps://mail.yahoo.com/#mail FP LOT 15..PDF FP LOT 23..PDF F Reply C* Reply to All ♦ Forward •.. More Click to reply all Send (P " Tt B I .- += c C' Q « + S Home ® PAT D Dress FALL WINTER SHOP NOW D Dress FALL WINTER 1/1 10/12/2017 (929 unread) - mcgetrick2@sbcglobal.net - att.net Mail M,Itl Slt nPl I,IJI)II� DIRECTb U-VBS F, ,iC,,� CL All MCGETRICK MCGETRICK, search your mailbox 01 Compose ❑ Sort by date « ♦ O Archive FM Move ® Delete Q Spam � C••i(More Earlier this week Inbox (929) ❑ Scott —me, Scott (v Oct 9 Drafts (2) Blackmon Right of Way Descriptior Sent Got it and thanks. I really appreci, 3 Archive ❑ me Mary, me Oct Spam (10) MAINTENANCE BONDS one year 3 Trash (44) ❑ MCGETRICK MCGETRICI Oct 9 > SmartViews [No Subject] Folders I will pick you up, Pat 12 Drafts Last week > Recent ❑ Isaac .me, Karen (V/ Oct Lot 15 & Lot 23 Price, we'll get original to you on 14 ❑ Vincent, me 6 Oct 6 Bass Pro Phase 2 Already got the contractor on it. 1 2 ❑ Deann Rivera (Ji Oct 6 Lott Teresa Addition Deann Rivera Computer Aid Drafter 3( ❑ me Carpenter, (V Oct final plats lot 15, 23 gateway town , Pat, The attached plats, as shown, 7 ❑ SCANS C6 Oct 6 Pat see attached Dn —, need n, 3 ❑ Rick Shuffield Oct RE: [EXT] Re: Palestine Pat, Thanks for the update. I will defini ❑ Michelle,.. Michelle (J Oct6 RE: [EXT] Yes, you should have it in the con 3 ❑ Office 365 Support Oct 6 Office 365 Ticket #30126-6515820 Hi this is Gilbert your Microsoft Office ❑ MCGETRICK MCGETRICK Oct6 [No Subject] No 4 ❑ Rick, me Oct 6 Palestine On Friday, October 6, 2017 9:55 R 3 ❑ MCGETRICK MCGETRICK Oct [No Subject] YES 6 ❑ MCGETRICK MCGETRICK Oct5 [No Subject] Hey dear Things are not going wi 12 ❑ yanirbz@gmail.com Oct5 [No Subject] Hey PaL Hope that you are doing well ❑ Scott.. me, Scott (v Oct5 Blackmon - Description for Street R Pat: Checking in on the right of w 4 ❑ Patel Deepak C01 Oct 5 Land Pat can you look at the topo on lot c 1 ❑ SMalecki@vccusa,co CP/ Oct 1916-033 Movie Tavern Revised Foi Pat, Per our conversation yesterd; 6 ❑ Pascal Aughtry (vj Oct4 N- Little Rock, AR Pat Thanks for quick turnaround revisi ❑ MCGETRICK MCGETRICK Oct4 [No Subject] If you can find another sc )I -- fl Brandon... Brandon 0 Oct4 hftps://maii.yahoo.com/#mail final plats lot 15, 23 gateway town center () People MCGETRICK MCGETRICK Please find atta (glP Sep 19 at 12:51 PM Vincent Hotho LRWRA has reviewed thes (ri Sep 26 at 3:53 PM MANION, JOSEPH E Pat, AT&T approves (r%/ Oct 5 at 9:54 AM Bates, Joni B. Adam: Can you please take (? Oct 5 at 2:33 PM CEARLEY, MICHAEL D This looks good to 6i Oct 5 at 2:40 PM Jason Lowder <Jason.Lowder@carkw.com> Oct 6 at 10:15 AM To MCGETRICK MCGETRICK Central Arkansas water approves with no comments Jason Lowder, Engineering Technician ja son.l owder@ca rkw,co m 501-377-1245 sti�",,.�19iCr > Show original message h Reply « Reply to All ♦ Forward ••• More Carpenter, Adam B <adam,carpenter@centerpoider@q�6oir"7 PM To mcgetrick2@sbcglobal.net CC Bates, Joni B, Pat, The attached plats, as shown, do not appear to be in conflict with our existing facilities. Per usual, we advise calling 811 before construction. If you have any other questions, feel free to give me a call. Thanks! Adam Carpenter Engineer II 1 Arkansas Gas Engineering Office: 501-377-47181 Mobile: 501-351-5342 BMU > Show original message 2 Attachments View all Download all .. FP LOT 15..PDF FP LOT 23..PDF 4k Reply « Reply to All ♦ Forward ••• More Click to reply all Send Cv/ " Tt B 10` c= -_ = Cj Q c a Home © PAT D Dress FALL WINTER SHOP NOW D Dress FALL WINTER 1/1 T v J c Pei u ON I d a F-- a H Z _Z J J Q % CJ w m J J a Q x7 n a L!1 i1i a M In (» m Ol N kp N O_ N N N O N O y n E C v O '6 C u w C � rcs _v o Y N z Q, E a W D o O Q c Wd ci Y = oo C7 N t w o N E O LoLu N N r D C� d W U V C N O1 `- O Q� w Y r o U Z > oa �m L m¢ �yc� �7Q V O = 0 -- U in ,� *• C O �[ D o m o 3 > F U >W JO LL i m O Ct t t " O Q ._ O O O O _ O v O Y O O O O j o q % - o w O_ O _0 3 v p 0 V A T T VI D: O O a N a = - > O xk o +' O_ m V O -� N E C p0 in N L O' O N CC G CL �/ O o v -6 .LO. 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(!� V) Q. N U Ln O a C H C O_ L Z N W L LLL, O v N In m t7 E o ? 3 ° U a C > v a) ° w a) m Q o E •- .� '° U m In In ° a "' s '° a V "' > 0 0= ❑ LU ❑ ❑ ❑ J ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® co E i E U O O O a rn N 3 y 0 N T ® E 0) v N > , c — a O U x N ''i-'' V s N R a) E �I CID C) to Q LA H H LL C f/J a n > n s James, Donna From: Vincent Hotho <Steven.Hotho@lrwu.com> Sent: Tuesday, September 26, 2017 3:53 PM To: James, Donna Cc: PATRICK MCGETRICK Subject: FW: final plats lot 15, 23 gateway town center Attachments: FP LOT 15 GATEWAY.pdf; FP LOT 23 GATEWAY.pdf LRWRA has reviewed these plats and has no objection. Vince Hotho Engineering Program Supervisor 11 Clearwater Dr. Little Rock, AR 72204 Office: (501)688-1452 www.Irwra.com LITTLE ROCK Water Reclamation Whori%.N....UR_ QFl! LI7L{RL. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the sender. This message may contain confidential information, and is intended only for the individual named. From: MCGETRICK MCGETRICK[mailto:mcgetrick2@sbcglobal.net] Sent: Tuesday, September 19, 2017 12:51 PM To: Vincent Hotho <Steven.Hotho@Irwu.com> Cc: Joni Bates <joni.bates@centerpointenergy.com>; MICHAEL D. CEARLEY <mcearle@entergy.com>; Jason Lowder <jason.lowder@carkw.com>; JOSEPH E. MANION <jm4138@att.com>; Vance Harper <vharper@littlerock.org> Subject: final plats lot 15, 23 gateway town center Please find attached the final plats for the above referenced lots. All utilities and street improvements were constructed previously and approved on previous plats. If they meet with your approval please notify Donna James with Little Rock Planning Thanks, Pat '`�rrsrssurr a rrrr+7r��LPN This instrument prepared by: Price C. Gardner FRIDAY, ELDREDGE & CLARK, LLP 400 West Capitol Avenue, Suite 2000 Little Rock. Arkansas 72201 II�IIIIIiWII��lllllll 11 11111111111 2017077473 PRESENTED: 12-06-2017 11:28:22 AM RECORDED: 124)6-201711:33:03AM In Official Records of Larry Crane Circuit/County Clerk PULASKI CO, AR FEE $65.00 BILL OF ASSURANCE FOR GATEWAY TOWN CENTER PHASE 4 ADDITION f �j (LOT 23) KNOW ALL PERSONS BY THESE PRESENTS: THAT, GATEWAY CREEK, LLC, an Arkansas limited liability company (hereinafter called the "Declarant"), is the owner of that certain real property located in Pulaski County, Arkansas and being more particularly described and shown on Exhibit "A" attached hereto and incorporated herein by this reference (the "Prove "); NOW THEREFORE, Declarant, for and in consideration of the benefits to accrue to it, its successors and assigns, which benefits Declarant acknowledges to be of value, has caused to be made a final plat, showing a survey made by McGeterick & McGeterick, and bearing the signatures and seals of Patrick McGeterick, Registered Professional Engineer, and Aaron Rasbury, Registered Professional Land Surveyor dated October 25, 2017 (the "Plat"), and bearing a Certificate of Approval executed by the appropriate officials of the City of Little Rock, Pulaski County, Arkansas (the "C") and showing the boundaries and dimensions of the Property now being platted into one lot to be forever known as "Lot 23, Gateway Town Center Phase 4 Addition, Little Rock, Pulaski County, Arkansas" (the "Lot"); WHEREAS, the Lot 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 Covenants and Restrictive Covenants filed of record as Instrument Number 2014007348 in the records of the Circuit Clerk of Pulaski County, Arkansas; and (iv) that certain Declaration of Covenants and Restrictive Covenants for Phase 4 Gateway Town Center filed of record as Instrument Number 2016052543, on August 23, 2016, in the records of the Circuit Clerk of Pulaski County, Arkansas (collectively, the "Gateway Covenants"). WHEREAS, the Property will be developed in a manner consistent with the existing restrictions and the requirements of the City and the Gateway Covenants; WHEREAS, the Grantor desires to file this Bill of Assurance in addition to the Gateway Covenants to further protect its interest and the interests of others which may in the future become fee owners of Lot 23. 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 (collectively, the "2017 Restrictions") as are hereinafter set forth, subject to which all of the Property and every portion thereof, shall be improved, held, exchanged, leased, sold and/or conveyed. Each of the 2017 Restrictions is imposed upon the Lot as a mutual equitable servitude in favor of the other Lots and every part thereof. Each of the 2017 Restrictions shall create reciprocal rights and obligations among each of the owners; they shall further create a private contract and estate between current and future owners of the Lot and their heirs, successors, and assigns; and they shall be and operate as covenants running with the land for the benefit of the 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: 1. Ineo oration of Gatewa Covenants. Grantor acknowledges and hereby ratifies that the 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; (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; and (vii) that certain Declaration of Covenants and Restrictive Covenants for Phase 4 Gateway Town Center filed of record as Instrument Number 2016052543, on August 23, 2016, in the records of the Circuit Clerk of Pulaski County, Arkansas (collectively, the "Gateway Covenants"). Grantor hereby incorporates the Gateway Covenants into this Bill of Assurance 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 Bill of Assurance conflict with or contradict the terms of the Gateway Covenants and this restriction or covenant under this Bill of Assurance is less restrictive than the Gateway Covenants, then the Gateway Covenants shall be deemed controlling, but in all other cases the terms of this Bill of Assurance shall be deemed to control. Any capitalized terms not otherwise defined in this Bill of Assurance shall have the definition and meaning ascribed thereto under the Gateway Covenants. 2. Desio and Construction A Buildings. In addition to the restrictions and approvals required under the Gateway Covenants, the following additional restrictions and covenants shall apply to the Property: (a) Grantor must approve all initial construction on any Lot, including architectural theme, design, color, access and parking prior to submission to the Architectural Review Committee (the "ARC") and as defined in the Gateway Covenants and Grantor shall review in accordance with the timelines set forth in the Gateway Covenants defined for the ARC's review and comment. (b) Roofs on all single story structures shall be metal and consistent in color an appearance to the building. Roofs on buildings that are mnore than one story shall be constructed materials typically used in the construction of upscale multi -story office and commercial and retail buildings located in Little Rock, Arkansas. No asphalt, wood or other shingles shall be used on the roof of any building located on any Lot covered by this Bill of Assurance. If following initial construction of buildings on any Lot, the existing exterior of any then existing building is substantially remodeled or there is a rebuilding following a casualty, then unless the remodeling or reconstruction is substantially similar to the prior existing exteriors, the architectural theme, design, color, materials, such remodeling or rebuilding shall be subject to the approvals required under this Paragraph 2. completion. (c) Once initiated, all building construction must be diligently prosecuted to (d) Any rooftop equipment shall be appropriately screened. (e) All exterior dumpster or trash disposal locations shall be completely encased with a fence or other solid wall constructed of materials used in the construction of the Fee Owner's building and similar in style and appearance and gated such that such dumpsters or trash containers are not visible from the other property adjacent to any Lot. (f) Fencing shall only be permitted in accordance with the terms of the Gateway Covenants; provided, however, treated wood, brick, block or split face block fencing shall be permitted consistent with the appearance of the buildings and improvements on any Lot. (g) No free standing satellite dishes or antennaes not attached to the building on the Lot shall be permitted and any such satellite dishes or antennaes located on the roof or attached to any building shall not be visible from the front of such building. (h) All above ground irrigation equipment, including RPZ Valves, shall be covered and enclosed from view. (i) In the event the improvements on any Lot are destroyed or damaged by fire or other casualty, the Owner shall proceed with due diligence to repair and rebuild such improvements in a timely manner. In the event such Owner elects not to rebuild on the Lot within forty-five (45) days of such damage, then such any Lot shall be cleared of all debris, including the former foundation of any building constructed thereon, and all non -paved areas shall be covered with sod or other landscaping materials consistent with the appearance of any other unimproved lots located within the Property, if any. 3. Street Trees. (a) As part of the improvements on its Lot, those owners subject to the Gateway Covenants (the "Owners") shall plant and install Painted Bark Elm (Mmus Parifolia (Frontier)) trees, or other similar trees as may be approved by Declarant under the Gateway Covenants, as set forth in this paragraph (collectively, the "Street Trees"). The Street Trees shall be no smaller than three inch caliper and eight (8) to twelve (12) fifteen feet tall at time of planting, and shall be planted generally on thirty foot (30') centers along the platted street and within the Pedestrian Promenade adjoining the Lot. The Street Trees shall be located generally along the same line as those on adjoining Lots, but no farther than five (5) feet from the Lot line along the street and within the Pedestrian Promenade not more than five (5) feet from the Lot line. Location of the Street Trees shall be included as part of the Declarant's building plan review. (b) After installation of the Street Trees, Declarant will install lights in or on the Street Trees similar to those on the trees located on Declarant Property near the Gateway Town Center northern pylon sign along Interstate 430, and underground and above -ground electrical improvement necessary to supply electrical power to the lights. The installation of lights and related electrical improvements shall be at Declarant's sole cost and expense. The Street Trees and all lights and related electrical improvements, including without limitation, tree trimming and related maintenance, shall be operated, maintained and replaced by the Association, the cost of which shall be a common expense of the Association paid with assessments levied pursuant to the Declaration. Declarant retains and shall have an easement for access, ingress and egress over and across the Property for purposes of installing the Street Tree lights and all related electrical improvements. The Association is hereby granted an easement for access, ingress and egress over and across the Property for purposes of maintaining and replacing the Street Trees, lights and associated electrical improvements. The Owner of the Lot shall be responsible for the cost of electrical power consumed by the lights in the Street Trees on its Lot. (c) On or after ten (10) years from the recording of this Bill of Assurance, the Owners and the Association may elect by unanimous mutual agreement to no longer use or operate the lights in the Street Trees, or elect to install different improvements. Any such agreement shall be in writing and notice of such agreement shall be recorded in the real estate records of Pulaski County, Arkansas. 4. Use. The types of uses permitted on the Property 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 the Lot and not otherwise prohibited in the Gateway Covenants or herein below; provided, nothing contained herein shall be construed to require any Owner 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. 5. Com fiance with Governmental Restrictions. The construction of any buildings or improvements on any Lot shall comply with and be subject to all building codes, zoning ordinances and restrictions imposed by the City of Little Rock, Arkansas Highway and Transportation Department, Environmental Protection Agency, U.S. Army Corps of Engineers, Arkansas Department of Environmental Quality, Arkansas Department of Health and any other federal, state, county or local authority and any restrictions having jurisdiction over the Property. 6. Landscaping. In addition to the obligations under Paragraph 3 above with respect to the Street Trees, Owner will be responsible for the design, development and maintenance of the landscape on the Lot and continuous planting areas within the various rights of way and easement areas affecting the Lot. Dead or extensively damaged trees, ground cover or shrubs shall be replaced within thirty (30) days after damage with substantially identical trees, ground cover, or shrubs, etc., subject to deferral of replacement based upon seasonal conditions. Owner shall be responsible for mowing and maintaining the right of way area on the Lot in a manner consistent with such Owner's overall maintenance and mowing of remaining landscaping on the Lot. 7. Drainage, Utility and Service Easements. Grantor grants and subjects the Property to and grants for the benefit of the Lot, perpetual, nonexclusive easements within the Utility Easement Areas as shown on the Final Plat 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 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 and operation of the property and the Lot in accordance with the general requirements of the Final Plat. No easement shall be deemed granted under any Building Area shown on the Final Plat or under any Building actually constructed. All construction, alteration, and repair work to any utility described in this Paragraph 7 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 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. The 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 Owners and tenants 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 Lot on which the work is being done. If such work requires excavation of any portion of any road, the 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 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 Property shall be properly backfilled within twenty-four (24) hours, if reasonably practical. The Owner undertaking such work shall repair at its own cost and expense any and all damage caused by such work and, upon completion of such work, shall promptly restore the affected portion of the Property or the 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, the Owner undertaking such work shall promptly pay all costs and expenses associated therewith and shall defend, indemnify and hold 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. No Owner shall undertake construction activity on another Owner's Lot or the Property not owned by such Owner without the prior consent of such Owner. 8. Water Flow and Sanity Sewer. (a) Flow of Water. Grantor hereby reserves, grants, conveys, establishes and declares for the benefit of the Lot, a permanent, non-exclusive easement on, over, upon, across, under and through any portion of the Lot for the benefit of the other Lots, as reasonably necessary for surface water run-off and, within any portion of the Lot which is not a Building Area, for the construction, installation, use, maintenance and repair of any underground drainage system to receive surface water from the benefited Lot and conduct such water over or under the Lot as necessary to a discharge area. The Owner of the Lot shall determine in its sole, but reasonable, 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. Following approval, each Owner hereby agrees to the location for such improvements as shown on the approved Drainage Plan and once any drainage line or lines have been installed on any Lot or otherwise, the portion of the applicable Lot encumbered by such easement granted in this paragraph shall be limited to the area within ten (10) feet on either side of the center line of such drainage line. 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 the Lot in any manner which increases the concentration of such surface water run-off onto an adjoining Lot. (b) Storm Water System. Owner will construct on the Lot and shall thereafter maintain at such Owner's sole cost and expense, the improvements necessary to control the storm water run-off from such property and to transport the same under or across the Property to storm water sewer shown on the Site Plan and in accordance with the Drainage Plan. 9. Access Easement and Parke. (a) Access to Common Areas and Pylon 5image. Grantor does hereby reserve, create, establish, and declare a private, perpetual, non-exclusive access, ingress and egress easement over, through, upon and across the paved portion of the 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 the common areas located adjacent to the Lot and any pylon signage or other common signage located with said common area for the use and benefit of the Grantor, the present Owner and future Owner(s) of the Lot and the Gateway Town Center Property Owners Association, Inc., their tenants and their respective employees, contractors, mortgagees, customers, tenants, licensees and invitees, to install, maintain, repair and replace such common area and any signage located therein. (b) 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. (c) No Cross Parking. No invitees, employees or agents of an owner or any tenant of the Adjacent Property shall have any right to park on the Lot, except where the parties have made a separate agreement. 10. Obligation for Assessments: Membership in Association. By acceptance of a deed or other conveyance of property covered by this Bill of Assurance, Owner shall be deemed to (i) acknowledge that such Lot is subject to the Gateway Covenants, and (ii) subject to subsection (b) below, covenants and agrees to pay any assessments, charges and/or special assessments which may hereinafter be levied by the Association as permtted or limited by the Gateway Covenants. All Owners of Lots within the property covered by the Gateway Covenants will be members of Gateway Town Center Property Owners Association, Inc. as provided for in the Gateway Covenants. 11. Enforcement of Obligations. In the event legal proceedings are brought or commenced to enforce any of the terms of this Bill of Assurance against any owner or other person with an interest in the 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 Property covered by the Gateway Covenants, and thereafter a majority of the owners of the other lots reflected on the Final Plat, as may be hereafter amended or modified (with such majority in interest being determined based on the respective square footage of such lots) shall have the right to commence any action to enforce the obligations of the Fee Owner under this Bill of Assurance. 12. 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 the Lot. Following initial acquisition of a Lot from the Grantor, no Fee Owner of the Lot shall be permitted to re -plat, subdivide or re -zone any portion of the Lot during the term this Bill of Assurance is in effect without the without written consent of the Grantor for so long as the Grantor owns an interest in the Property covered by the Gateway Covenants. 13. Modifications. All negotiations and oral agreements acceptable to the Grantor have been incorporated herein. Except as otherwise provided herein, this Bill of Assurance may not be modified in any respect whatsoever or rescinded, in whole or in part, except in writing executed by the Grantor, for so long as the Grantor owns an interest in any of the Property covered by the Gateway Covenants and then thereafter by a Majority in Interest of the Owners of the Adjacent Property, based upon the respective square footage of the Lot and the Adjacent Property compared to the total square footage of the Property. 14. Duration. Unless otherwise canceled or terminated, all of the easements granted in this Bill of Assurance 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. 15. Delegation of Authority. Grantor acknowledges and agrees that 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 the Gateway Covenants. 16. 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 Owners that this Bill of Assurance shall be strictly limited to and for the purposes herein expressed. (b) Severability. If any term or provision of this Bill of Assurance or the application of it to any person or circumstance shall to any extent be invalid and unenforceable, the remainder of this Bill of Assurance 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 Bill of Assurance shall be valid and shall be enforced to the extent permitted by law. (c) Governing; LaW. This Bill of Assurance shall be construed and enforced in accordance with, and governed by, the law of the State of Arkansas. (d) No Presumption. This Bill of Assurance 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 any Owner. (e) Inurement and Binding Effect. This Bill of Assurance and the easements, covenants, benefits and obligations created hereby shall inure to the benefit and be binding upon Grantor and each subsequent owner of Lot 23, and their respective successors and assigns (f) Other A eernents. Nothing herein shall restrict an 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 Bill of Assurance 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 Bill of Assurance, once executed, delivered and filed, shall not be modified or altered in any respect except as provided herein. (i) No Third Pgly Benef ciaries. No party, other than the Owners and Grantor shall have any rights or benefits of this Bill of Assurance. IN WITNESS WHEREOF, this Bill of Assurance has been executed as of this day of D-eCeuak, 2017. OWNER: GATEWAY CREEK, LLC\ BY: Gatewa Manager, LLC anag�r ^ By Isaac Smit]j�t4amager r {� ,wad C i�}I �Ci iflpi�iGt1 fut � eq&red by the City cf LiO Sac' SLo 5111 of Assurmcp Pm subdiVW n and 2 ni gucrd lh:' L L Ciii tSf Utde Rock ftnning 0,,0mafISSIM EXHIBIT "A" DESCRIPTION OF PROPERTY PROPERTY DESCRIPTION PART OF THE SOUTHWEST QUARTER, AND PART OF THE NORTHWEST QUARTER, ALL IN SECTION 4, TOWNSHIP 1 SOUTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS DESCRIBED AS FOLLOWS: COMMENCING AT A #5 REBAR MARKING THE NORTHEAST CORNER OF LOT 26 GATEWAY TOWN CENTER PHASE 4; THENCE SOUTH 44°48'57" WEST 190.94 FEET; THENCE SOUTH 45047'31" EAST 265.10 FEET; THENCE NORTH 45`47'S4" EAST 191.20 FEET; THENCE NORTH 45-47131" WEST 268.47 FEET TO THE POINT OF BEGINNING, CONTAINING 1.17 ACRES, MORE OR LESS. ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI ) on this the 0 day of b��; 2017, befoacting and re me, the undersigned officer, appeared Isaac Smith, who stated he was the mdany and the duly authorized lamanager Gateway Manager, LLC, an Arkansas limited liability company and that he was duly of GATEWAY CREEK, LLC, an Arkansas limited liability company,lf of authorized in his capacity to execute the foregoing instrument cknvwledged that he had for and in the name so esgned, said limited liability company, and further stated executed and delivered said foregoing instrument for the consideration, uses and Purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I haveMZ hand an official seal. b,A-5vn NOT PUBLIC My commission expires: it-/-aa- .+j11�� 1r1�►f��+,Ffff so, DDMM. EXA..1',= �1-t-ao2a 12390393. PULASKI ' c �q; COUNTY .•�y5T yp •.....•'�p�% �'�l71111111 k111++