HomeMy WebLinkAboutS-1240-E Application1 , 2003103091
r 10/02/2003 04:11:17 PM
r Filed & Recorded in
!j Official Records of
CAROLYN STALEY
PULASKI COUNTY
BILL OF ASSURANCE�IRCUIT/COUNTY CLERK
Lot 24, I430-Colonel Glenn Commercial 32.80
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Colonel Glenn Development Company, an Arkansas, an Arkansas joint venture
("Grantor") is the sole owner of certain lands lying in Pulaski County, Arkansas, more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter, the
"Property"); and
WHEREAS, it is desirable that all the Property be platted into a single lot;
NOW, THEREFORE, WITNESSETH:
THAT, Grantor has caused the Property to be surveyed by White-Daters & Associates, Inc.,
Registered Land Surveyors, and a plat (the "Plat") thereof made which is identified by the title "Lot 24,
I430-Colonel Glenn Commercial, City of Little Rock, Pulaski County, Arkansas" dated August 21,
2003, same having been filed in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County,
Arkansas in Plat Book GZ Page7J0/ and the Grantor does hereby make this Bill of Assurance.
AND, the Grantor hereby certifies that it has laid off, platted and subdivided, and does hereby lay
off, plat and subdivide the Property in accordance with the Plat. The lands embraced in the Plat shall be
forever known as "Lot 24, I430-Colonel Glenn Commercial, City of Little Rock, Pulaski County,
Arkansas."
Hereafter, conveyance and description of any of said lands by lot number as shown on the Plat
shall be a proper and sufficient description thereof.
Grantor hereby dedicates to the public forever an easement of way on and over the street as shown
by the Plat to be used as a public street.
The lot in said subdivision shall be sold by the Grantor and shall be purchased by the buyer
thereof, subject to the following covenants, to -wit:
1. LAND USE. No lot shall be re -subdivided into nor shall any structure be erected or
placed on any lot or building site that does not conform with the current subdivision and zoning standards
for the zoning classification of the Property at that time unless appropriate waivers are first obtained.
2. SET SACKS. No building shall be constructed on the lot nearer than the building
setbacks noted on the Plat. Other setback provisions shall be as required by the current zoning and
subdivision regulations applicable for the zoning classification of the property at the time of construction
unless appropriate waivers are first obtained.
3. ARCHITECTURAL CONTROL. No building or fences shall be erected, placed or
altered on any part of the Property until the building plans, specifications, exterior color scheme and plot
plan showing the location and facing of such building with respect to the existing topography, adjoining
streets and finished ground elevations have been approved in writing by the Architectural Control
Committee, hereinafter referred to as "ACC;" provided specifically, (i) in no event shall a metal building be
erected, constructed or placed on the property, or approved by the ACC, unless same shall have a brick,
stucco or other approved masonry fagade, and (ii) no dumpster or other trash refuse facility or repository
its
shall be erected, constructed or placed on the property unless the 1Qvd!SL" `� ai%Ahall first have been
approved by the ACC and, in any event, any such dumpster or otl�� trs'}�xe , 'Fa�,f3it}r`Qr repository shall
be enclosed. The ACC shall be composed of three (3) persons a pdXpt y fSranfori at-stfvh time as I430-
Colonel Glenn Commercial shall include at least ten (10) lots, ie y rcent (G9%) of ,(lie owners of all
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platted lots in said Subdivision may thereafter select the ACC. The primary purpose of said ACC shall be
to insure that proper standards of planning, design and construction are followed in the development of
these properties, including the maintenance and landscaping of same. For the purpose of reviewing plans
and specifications, the ACC may elect one of its members to exercise the full authority granted herein to
the ACC as long as such authority does not conflict with any laws or ordinances of any governmental body
or with any rules, regulations or directions of authorized public agencies. A decision on any submission of
such plans and specifications by a landowner to the ACC shall be made within thirty (30) days of the date
of the submission of all required information. The failure of the ACC to give written notice to a landowner
of its rejection of a plan within thirty (30) days of its receipt of said plan shall be deemed to constitute the
approval of said committee.
The granting of any approval, permit or authorization by the ACC or by the member elected to
exercise its authority shall be final and binding. No member of the ACC or any member thereof shall incur
any personal liability by reason of the decision to approve or disapprove any plans or specifications
submitted hereunder.
Any submission to the ACC for approval of a proposed development shall include:
(a) A site plan, to scale, indicating the location of all proposed
improvements, including, without limitation, structures, parking areas, storage and
maintenance areas, fencing, drainage and traffic circulation;
(b) Landscape plan, to scale, indicating site topography, elevation of walks,
drive and building entries, existing tree locations, proposed tree removal and/or
replacement (location and trunk diameter), fencing location, size of fencing and material
thereof, and any other pertinent site treatment;
(c) Building elevations, to scale, indicating all elevations or proposed
structures with specifications of building materials, fences and color schemes; and
(d) Sign plan, indicating design, location and details of all signs which will
be visible from the exterior of any building.
Approval of any proposed development by the ACC will not relieve any owner of the obligation to
comply with all laws, ordinances, regulations of rules or any governmental body, nor can any owner rely
upon such approval as an indication of such compliance. In no event will approval of such proposed
development by the ACC create any liability to the owner or to any third party who may seek to rely
thereon.
4. ADDITIONAL LANDS. Grantor, its successors and assigns, shall have the right to add
and include additional lands in 1430-Colonel Glenn Commercial, Pulaski County, Arkansas, at any time up
to and including December 31, 2020, without the consent or approval of lot owners. Additions authorized
under this paragraph shall be made by the Grantor, its successors and assigns, executing and filing in the
office of the Recorder of Pulaski County, Arkansas, a bill of assurance or similar instrument describing
such additional lands with appropriate language showing the same to be subject to similar covenants and
provisions as those contained in this Bill of Assurance.
5. COVENANTS RUNNING WITH LAND. These covenants and restrictions are to run
with the land and shall be binding on all parties and all persons claiming under them for a period of thirty
(30) years from the date these covenants and restrictions are recorded, after which time said covenants and
restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument
signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants
and restrictions in whole or in part.
6. AMENDMENTS. These covenants and restrictions shall not be amended, canceled or
supplemented unless an instrument signed by a majority of the then owners of the aforesaid lots is placed
on record agreeing to change the covenants and restrictions in whole or in part, and any change must be
approved by the City of Little Rock Planning Commission.
7. REMEDIES. In the event of any violation or attempt to violate any of the covenants or
restrictions herein, before the expiration date hereof, it shall be lawful for any person or persons owning a
lot or lots in said addition or any future or other phase thereof, to prosecute any proceedings at law or in
equity against the person or persons violating or attempting to violate any such covenant or restriction, and
either to prevent him or them from so doing or to recover damages or other compensation for such
violation.
8. SEVERABILITY. The invalidation of any one of these covenants or restrictions by
judgment or court order shall not affect any of the other provisions, which shall remain in full force and
effect.
GRANTOR:
COLONEL GLENN DEVELOPMENT COMPANY, an
Arkansas joint venture
Lo
The considerations set forth in items one through eight are hereby approved by the City of Little
Rock Planning Commission. Any additional requirements, restrictions or statements are entered without
review or action by the Planning Commission, and shall not be considered part of the City of Little Rock
Planning Commission's requirements for plat approval.
APPROVED:
CITY OF LITTLE ROCK PLANNING COMMISSION
LM
Date:
Revi�ao� c«,y ficr ln�::s:v� of minimun s::.�dards
requlreJ by fha C' ; of li:te Rock =bdvisiQ a r cguln'5.
Bill efi As
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e Fl=k sLt&: s W and
�;ty !le Rock Plannircl Commission
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF Pe t f
On this day before me, a Notary Public , duly commissioned, qualified and acting within and for
the County and State aforesaid, personally appeared Robert A. Vogel and Gary Lay, to me personally well
known, who acknowledged themselves to be the Joint Venturers of Colonel Glenn Development Company,
an Arkansas joint venture, and further stated they they, in such capacity, being authorized to do so,
executed the foregoing instrument for the purposes therein contained, by signing the name of the joint
venture as such Joint Venturers.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this M day of
FSfe"AmMber,2001 00
QT.Q l lM '
U = My Comm. Expires to - —�_—a� %02
07-01-2012 M ' commission expires:
Doc# 2003103094
EXHIBIT "A"
LEGAL DESCRIPTION
PART OF SECTION 21, T-1-N, R :D LITTLE
ROCK, PULASKI COUNTY,
ARKANSAS MORE PARTICULARLY DESCRIBED AS:A1430-COLONEL GLENN
BEGINNING AT THE SOUTHEAST CORNER OF LOT 23,
COMMERCIAL, PLAT BOOK G, PAGE N SHE WESQRI�fGH �� Olu WAY! LINE OF
ARICANSAS, SAID CORNER LYING 0
INTERSTATE ROUTE # 430. THENCE HENCE Sa3 45 5gW CQNTINUfNG ,
RIGHT-OF-WAY LINE, 179.28
ALONG SAID WEST RIGHT-OF-WAY LINE, 590.00 FT.; THENCE N84 39 25 ,
444.97 FT. TO A POINT ON THE 2 35 E ALONG SAIDL1NE EAST0 RIGHT-OF-WAY
GLENN PLAZA DRIVE; THENCE N05ST
LINE, 355.70 FT.; THENCE NORTHW C OFLA 380.00 FT. RADIUS CURVETERY CONTINUING ALONG SAIDATo THE
RIGHT-OF-WAY LINE BEING THE AR160
LEFT, A CHORD BEARING AND TALONGANCEOSAID EASTSRIGHT1 OF -WAY T LINE.
THENCE N22' 18'24" W CONTINUING
11.28 FT. TO THE SOUTHWEST CORN ERSA
OUTHLOT2LINE OF SAID SLGLENN
LOT 23,
COMMERCIAL; THENCE N67'41'3CE A
448.80 FT. TO THE POINT OF BEGINNING, CONTAINING 291,743 5Q. FT. OR
6.6975 ACRES MORE OR LESS.
..* t :+Ho Rnrk
Division
%PEI 7 rtrll@rCt of 701 West Markham
Department
me► t Little Rock, Arkansas 72201-1300
371-4811 Fax 371-4460
W/�
CIVIL ENCr EKING RESPONSE
THE CIVII. ENGINEERING RE¢I_MMENTS FOR FILING OF FINAL PLATS
HAVE BEEN SATISFIED. APPROVAL FOP,FI LING OF THIS PLAT CAN L
BE ISSUED Z �C G C' c
SIGNED BY ENGINEER C��`
. C or
SIGNED BY SURVEYOR
SIGNED BY 911 ADDRESS COORDINATOR
DXF. DISKETTE PLAT Ive--
DXF DISKETTE STORM DRAIN llth` en U
REMARKS
1—ity of Little Rock
Planning and Development
Filing Fees
Date: O. lu, 20 t� �.
Annexation y+ $
Board of Adjustment
WVI
Cond. Use Permit/T.U.P. CI;w--e
r %°°' ''
Final Plat -�
Planned Unit Dev. $
Preliminary Plat
$
Special Use Permit
$
Rezoning
$
Site Plans
$
Street Name Change
$
Street Name Signs
Number at ea.
$
Public Hearing Signs
Number at ea.
$
Total
$�
File No. =J�C>
Location3� �t
Applicant)—�
By j