HomeMy WebLinkAboutS-0142-B ApplicationCity of Little Rock,Ark.
Filing Fees
Date:, 19 116
Annexation
Bd.of Adjustment
Cond. Use Permit
Final plat
Planned Unit Dev.
Preliminary Plat
Special Use Permit
Rezoning
Site Plans
Right of way
abandonment
Street name change
Street name signs
Number at ea.
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EP 1 9 1996
Total $ J 2,E5
File no. �� � '0 �If
Location ��.
Ap p l i c n t •CS
By
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City of Little Rock Engineering Division
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CIVIL
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PLAT
AND
BILL OF ASSURANCE
OF
LOT 1 AND PROPOSED LOTS 2 & 3
MEDICAL PLAZA WEST
AN ADDITION TO THE CITY OF LITTLE ROCK
PULASKI COUNTY, ARKANSAS
TO THE PUBLIC,
KNOW ALL MEN BY THESE PRESENTS:
F11 EO rCOROEO
96 SEP 20 109
C RCU,T COIJNIY �LER
x
WHEREAS, ST. VINCENT INFIRMARY MEDICAL CENTER, an Arkansas non-profit
corporation (the "GRANTOR") owns the following described lands lying in Pulaski County,
Arkansas to wit:
A tract of land lying in the City of Little Rock and in the NW1/4, SE1/4,
Section 21, Township 2 North, Range 13 West, Pulaski County, Arkansas
and more particularly described as:
Starting atthe Southeast corner of said NW1/4, SE1/4; thence N87020'09"W,
along the south line thereof, 532.95 ft. to a point 42.5 ft. east of the
southeast corner of Plot "L", Woodland Heights Subdivision, Pulaski County,
Arkansas; thence NO2°51'37"E and parallel with the east line of said Plot "L",
190.00 ft. to the point of beginning; thence continuing NO2°51'37"E, 394.30
ft.; thence S59°37'01"E, 207.48 ft.; thence N32014'15"E, 6.32 ft.; thence
S42010'17"E, 387.52 ft.; thence S49015'51"E, 108.27 ft. to a point on the
west right-of-way line of Rodney Parham Road; thence S29058'519"W along
said right-of-way line, 50.90 ft. ; thence N49015'51 "W, 135.19 ft.; thence
N87020'09"W, 416.56 ft. to the point of beginning, containing 115,496 sq. ft.
or 2.65 acres more or less
(the "LAND") which is shown on the plat attached to and made a part of this instrument
(the "PLAT") as Lot 1, and Proposed Lots 2 & 3, MEDICAL PLAZA WEST, an Addition to
7r O��.H N,eWGdI L'+J1: 1/ti A
the City of Little Rock, Pulaski County, Arkansas (the "Addition"); and @'a '���.•.;;f�r���6�,
io
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WHEREAS, at the time of filing of this Plat and Bill of Assurance, Grantor is the
owner of the Land, including Lot 1, and Proposed Lots 2 and 3 (collectively, the "Lots" or
individually, a "Lot"); and
WHEREAS, by this Plat and Bill of Assurance, the Grantor intends to create for its
benefit, and for the mutual benefit of Grantor's successors and assigns and all future
owners of the Land, certain rights, easements, covenants and conditions governing the
use, enjoyment and maintenance of the Land;
NOW, THEREFORE, the Grantor for and in consideration of the benefits to accrue
to it, and to its successors and assigns, hereby plats the Land as Lot 1, and Proposed
Lots 2 & 3, MEDICAL PLAZA WEST, an Addition to the City of Little Rock, Pulaski County,
Arkansas. Henceforth, description and conveyance by such designation as shown and
represented on the Plat shall be a proper and sufficient description for all purposes.
The Land and, any interest therein shall be held, owned and conveyed subject to
and in conformity with the declarations, restrictions and covenants set forth in this
instrument which shall be construed to be covenants running with the Land, except as
hereinafter set forth, and shall be binding upon the owners of the Lots platted herein and
upon their successors and assigns forever, to wit:
(a) Land Use. The Land is to be a three (3) Lot office park development and
the Land and each Lot shall be hereafter held, owned and used for purposes of
constructing and maintaining thereon one or more office buildings, or any other facility
consistent with local zoning ordinances and/or regulations, pLgyided that the Land shall
not be used for any purpose whatsoever until the proposed use shall have been first
PAD0C\JWG\SVIMC\HWY10\B0FA.2 2
declared in writing to the Grantor before any construction activity whatsoever shall have
commenced and such proposed use shall have been approved by the Grantor, which
such approval shall not be unreasonably withheld, as otherwise provided for in
paragraphs "i" and "j" below. Any use of the Land shall be consistent with, though it is
not required to be identical in nature to, the current use of Lot 1, which is presently a
medical office building. The term "consistent with" as used in the previous sentence shall
mean an office building or other commercial use which is allowed under the zoning rules
and regulations of the City of Little Rock, Arkansas applicable to the land.
(b) Utility Services. No lines, wires, or other devices for communications or for
the transmission of electric current or power, including but not limited to telephone,
television and radio signals, shall hereafter be constructed, placed or maintained
anywhere in or upon the Land unless the same shall be contained in conduits or cables
constructed, placed and maintained underground or concealed in, under or on buildings
or other approved improvements, provided, however, electrical transformers may be
permitted if properly screened and approved by the Grantor, its successors or assigns.
Nothing herein shall be deemed to forbid the erection and use of temporary electrical or
telephone services incident to the construction of approved improvements.
(c) Building Line. No building shall hereafter be erected, placed, located or
permitted to remain on the Land closer to the perimeter of the Land than the building line
as shown on the Plat.
(d) Maintenance. Owners and occupants (including lessees and sublessees)
of any part of the Land shall, jointly, and severally, have the duty and responsibility, at
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their sole cost and expense to keep the part of the Land so owned or occupied, including
buildings, improvements and grounds in connection therewith, in a reasonably well -
maintained, safe, and clean condition at all times. The owners may enter into separate
agreements governing the joint maintenance of common areas.
(e) Outdoor 5toraQe. Unless specifically approved in writing by the Grantor,
its successors or assigns, (which approval shall not be unreasonably withheld or delayed)
no materials, supplies, goods or equipment shall be stored or maintained on any area of
the Land except inside a closed building, or behind a visual barrier of fencing, planting
or other such barrier screening such areas from the view of adjoining lands and/or public
streets.
(f) Common Access and Utility Easements. A permanent easement for
access, for drainage, for laying and maintaining sewer pipes and mains, storm sewers,
and for the installation and maintenance of utilities (electrical, gas, cable, telephone, and
otherwise) is created, excepted and reserved over, across and through the Land as
shown on the Plat. A permanent easement for ingress and egress and for the installation
and maintenance of utilities is created, excepted and reserved over, across and through
the Land, as shown on the Plat, for access from Rodney Parham Road. Additionally, a
permanent easement for ingress and egress and for the installation and maintenance of
utilities is created, excepted and reserved over, across and through the Land, for access
from Cantrell Road (Arkansas Highway No. 10), at such specific location on, over, across
and through Proposed Lot 3 as Grantor shall in its sole discretion designate hereafter.
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(g) Maintenance of Common Areas. The Grantor, for itself and its successors
and assigns, reserves the right, in its sole and unfettered discretion, to maintain all
common areas of the Addition, including but not limited to all parking and driveway
facilities, exterior electrical lighting services, special service areas, the lawn, flowering
ornamentals, shrubs and all green areas and landscaping within the Addition. The
Grantor may from time to time assess other owners or lessees of Lots, a pro-rata portion
of the expenses related to such Common Areas based upon the square footage of each
building on the Land compared to the sum of the square footage of all buildings on the
Land.
(h) Building Restrictions. Size, design, location and site development of office
buildings on the Land shall be subject to the prior approval of an Architectural Control
Committee hereinafter designated. All office buildings placed upon the Land shall be of
new construction and shall be of the highest class workmanship and best quality
materials. Approval of plans for construction of office buildings shall not be unreasonably
withheld by the Architectural Control Committee based upon the style of design of the
exterior of such proposed office ,buildings as long as the same are designed in
accordance with the highest standards of architectural design and are generally in
conformity with the architectural style of the existing office buildings on the Land as
determined by the Architectural Control Committee in its reasonable discretion. In any
event, all office buildings, walls, fences or other structures in the Addition shall be
consistent with and shall conform to the applicable zoning regulations of the City of Little
Rock, Arkansas.
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(i) Approval of Plans. No office building, fence, wall or other structure shall be
constructed, created or maintained upon any Lot in the Addition, nor shall any
modification, alteration or change be made in the exterior of any existing office building
until the construction, grading and drainage and landscape plans and specifications
showing the nature, size, shape, dimensions, materials and location of the same shall
have been submitted to and approved, in writing, by the Architectural Control Committee,
or the Architectural Control Committee has waived its right in the manner hereinafter
provided.
6) Architectural Control Committee. The Grantor, or its successors and
assigns, shall function as the Architectural Control Committee for all purposes set out
herein. Any property owner in the Addition seeking to obtain the required approval of
any plans for construction, modification or alteration or improvements on his, her or its
property shall submit the same in two (2) copies to the Architectural Control Committee.
A written receipt from the Architectural Control Committee shall be prima facie evidence
of the delivery of such plans and the date thereof. If, within thirty (30) days from the date
of delivery of such plans to it, the Architectural Control Committee has not stated to the
owner deficiencies in the proposal for such construction or alteration or improvements,
the owner may proceed with such construction or alterations as though affirmative
approval had been received from the Architectural Control Committee. Notice shall be
given to the owner at the address for the owner indicated in the city telephone directory
or as otherwise indicated by the owner, in writing, to the Architectural Control Committee
by certified mail with return receipt requested. If deficiencies are noted and called to the
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owner's attention in the proposed plans within the thirty (30) day period following delivery
thereof to the Architectural Control Committee by the owner, the owner shall not proceed
with any such construction or alteration until such deficiencies have been corrected to the
satisfaction of the Committee. The Committee shall have full power to enforce the
provisions and restrictions herein by an action for an injunction as fully as though they
were the owners of property in the Addition and whether or not they are actually owners
of property in the Addition.
(k) Nuisances. No noxious or offensive activity shall be carried on upon any
Lot in this Addition, nor shall anything be done thereon which may be or become an
annoyance or nuisance to the Grantor or to other owners of Lots in the Addition.
(1) Temporary and Other Structures. No manufactured housing, trailer, mobile
home, tent, shack or barn shall be erected on any Lot in this Addition, temporary or
permanently, except for temporary use by construction contractors only.
(m) Signs. No signs, billboards, posters or advertising devices shall be
permitted upon any of the Lots in this Addition and no owner or occupant shall paint,
display, inscribe, maintain or affix any sign, picture, advertisement, notice, lettering or
direction on any area on the exterior of any office building in the Addition except on doors
of such building, and then only such name or names or matter and in such color, size,
style, character and materials as may first be approved by the Architectural Control
Committee in writing and which are allowable pursuant to the City of Little Rock sign
ordinance, as the same may be amended from time to time.
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(n) Animals. No animals, livestock or poultry of any kind shall be raised, bred
or kept on a Lot.
(o) Trash. No trash, ashes or other refuse may be thrown or dumped on any
of the Lots in the Addition.
(p) Building Materials. No building material of any kind or character shall be
placed or stored upon any Lot in the Addition until the owner is ready to commence
construction of the improvements requiring such materials. Building materials shall not
be placed or stored in the street or between the curb and properly lines.
(q) Septic 5 stems. No privy, cesspool, septic tank field or disposal plant shall
be installed or maintained on any Lot in the Addition, and all office buildings shall have
the plumbing connected to the City of Little Rock publicly owned wastewater treatment
system.
Each and all of the covenants and provisions set forth in this instrument shall be
binding as covenants on present and future owners, their heirs, successors and assigns,
shall run with the Land and may be enforced by any person or corporation that would
be adversely affected by the breach thereof, but no person or corporation shall be liable
for breaches committed except during his, or her or its ownership.
In the event of any violation or attempt to violate any of the covenants or
restrictions herein before the expiration date hereof (whether the original expiration date
or any extension thereof), the Grantor, its successors and assigns, and/or any person or
persons owning the Land or a Lot, or a part thereof, shall be entitled to prosecute any
proceedings at law or in equity against a person or persons violating or attempting to
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violate such covenants or restrictions, and either to prevent him, her, it or them from so
doing and/or to recover damages for such violations.
The covenants, restrictions and provisions of this instrument shall be deemed
covenants running with the land, and shall remain in full force and effect until August 1,
2021, and thereafter, in succeeding ten year (10) terms, each beginning August 1 and
ending July 31 ten (10) years thereafter unless otherwise amended, extended or
cancelled as authorized herein.
Any and all of the covenants set forth in this instrument may be amended,
modified, extended, changed or canceled in whole or in part from time to time by written
instrument signed and acknowledged by the Grantor, its successors or assigns, and by
the owner or owners of one hundred percent (100%) of the Land, if other than the
Grantor or its successors or assigns, and the provisions of such instrument so executed
shall be binding from and after the date it is duly filed for record in the real property
records of Pulaski County, Arkansas.
Invalidation of any restriction set forth herein, or any part thereof by an 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 forth herein and they shall remain in full force
and effect.
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reviewed only fcr i� �clusicn of minimum standards
required by the City of LiUlo Rock subdivision regulations.
Bill of Asc iaccn. F;ovi iono cs-ImNished by tli
devefo; ^r m 'y r'.c-c;l minirmunn rcgulaticnc cf the
!_iitRock cubdivicicn asp, zoning ordinancoo.
e-/- v 7f tomes 1-!
City of V,lc Rock. Planning Ccmmiasion
EXECUTED this %i l day of _� U ���, 1996.
ST. VINCENT INFIRMARY MEDICAL CENTER
an Arkansas non-profit corporation
THIS INSTRUMENT PREPARED BY:
Joseph W. Gregory, Esq.
Jack, Lyon & Jones, P.A.
Attorneys at Law
425 West Capitol Avenue
3400 TCBY Tower
Little Rock, Arkansas 72201
(501) 375-1122
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ACKNOWLEDGEMENT
STATE OF ARKANSAS)
)SS
COUNTY OF PULASKI)
On this��ay of , 1996, before me the undersigned office,
personally appeared J and who
acknowledged themselves W47be the ,:ej� and
of ST. VINCENT INFIRMARY MEDICAL. CENTER, and that they
as such officers, being authorized so to do, executed the foregoing instrument for the
purposes therein contained, by signing the name of the corporation by themselves as
such officers.
SSAWEEKI hereunto set nd and official seal.
OFFICIAL SEAL
PATRICIA K. KUMPURIS }
NOTARY PUBLIC - ARKANSAS
PULASKI COUNTY NOTARY PUBLIC
My Commission Expires: 7 - 14 .2001
My Commission Expires:
/-/�/- a
(SEAL)
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