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HomeMy WebLinkAboutS-1240-G Applicationk 2004066127 08/89/2604 01:19:39 PM Filed & Recorded in Official Records of CAROLYN STALEY BILL OF ASSURANC�LASICI COUNTY RCUIT/COUNTY CLERY, Lot 25, I430-Colonel Glenn Commdital$32.00 KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Colonel Glenn Partners, LLC, an Arkansas limited liability company ("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 25, I430-Colonel Glenn Commercial, City of Little Rock, Pulaski County, Arkansas" dated , 2004, same having been filed in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas in Plat Book HL—, Page (%(, and the Grantor does hereby make this BiII 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 25, 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 BACKS. 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 facade, and (ii) no dumpster or other trash refuse facility or repository shall be erected, constructed or placed on the property unless the location of same shall first havf,,been,.,,,, approved by the ACC and, in any event, any such dumpster or other trash refuse facility or repgs���1;* be enclosed. The ACC shall be composed of three (3) persons appointed by Grantor; at suck i�� 43Q- Colonel Glenn Commercial shall include at least ten (10) lots, then sixty percent (60%) of the ' er�fall r7 platted lots in said Subdivision may thereafter select the ACC. The primary purpose of said C S1'F ll;�e "Co J�Y 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 PARTNERS, LLC, a single member limited liability company owned by Colonel Glenn Development Company, an Arkansas joint venture By: 6adaJt-OV4 Robert 1�. Vogel, Joint enturer 0 , Joir&enturer 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. Reviewed only for inclusion of minimum standards required by the City of Little Rock subdivision rc�gulations. Bill of Assurance provisions cstablished by tho developer may exceed minimum regular oru of tho Little Rock subdivision and zoning ordinances. Q[`} 0 Ci f Little Rock Planning Commission APPROVED: CITY OF LITTLE ROCK PLANNING COMMISSION 0 Date: ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF ff 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 `4 day of ,• ��, D. GU TAI�''. 6- U My Comm. F� _ &blic n 07-01-2012 �0 : M q&Tnission expires: 4 2004066127 EXHIBIT A A TRACT OF LAND LOCATED IN THE S1/2 N1/2 OF SECTION 21, T-1—N, R-13—W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 24, 1-430 COLONEL GLENN COMMERCIAL, RECORDED IN PLAT BOOK G, PAGE 781; THENCE S03'45'58"W ALONG THE WEST RIGHT—OF—WAY LINE OF INTERSTATE ROUTE NO. 430, 522.66 FT. TO THE SOUTH LINE OF SW1/4 NE1/4, SAID SECTION 21; THENCE N8732'45"W ALONG SAID SOUTH LINE, 447.49 FT. TO THE CENTER OF SAID SECTION 21; THENCE N87'23'43"W, 166.04 FT. TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF COLONEL GLENN PLAZA DRIVE; THENCE N59'59'54' E ALONG SAID EAST RIGHT— OF—WAY LINE 17.55 FT.; THENCE CONTINUING ALONG SAID EAST RIGHT—OF—WAY LINE FOLLOWING THE ARC OF A 330.00 FT. RADIUS CURVE TO THE LEFT HAVING A CHORD BEARING AND DISTANCE OF N32740'14"E, 302.99 FT.; THENCE N05'20'35"E AND CONTINUING ALONG SAID EAST RIGHT—OF—WAY LINE 273.62 FT. TO THE SOUTHWEST CORNER OF SAID LOT 24; THENCE S84'39'25" E ALONG THE SOUTH LINE OF SAID LOT 24, 444.97 FT. TO THE POINT OF BEGINNING CONTAINING, 253,678 SQ. FT. OR 5.8236 ACRES MORE OR LESS. fined V002 21:91:60 6 5nb uoW ld­Id\52101\0CVI\b002\ 41 4 hL;11hf of Utfle Rock Deprtment Of Public Works r 701 west Macicnam I.ittfe Rcxlc, Arkansas 72201-1300 371-4811 Fax 371-4460 r CIVIL ENGINEERING RESPONSE Division 'THE CIVIL ENGINEERING REQUIREMENTS FOR VILING OF FINAL. PLATS HAVE BEEN SATISFIED. APPROVAL FOR ItSLIlVG�F TINS PLA a 01 �7c qr BE ISSUED --43� p Io Al Q' SIGNED BY ENGINE g 0.5z SIGNED BY SURVEYOR c� SIGNED BY 911 ADDRESS COORDINATOR N DXF. DISKETTE PLAT �. DXF. DISKETTE STORM DRAIN Ne - c l7 REMARKS City of Little Rock Planning and Development Filing Fees Date: �` 20 L(I Annexation Board of Adjustment Cond. Use Permit/T.U.P. 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. M.