HomeMy WebLinkAboutS-1240-H Application20A5000�30
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Filed & Recorded in
0€fici4l Records of
PAT GIBRIEN
PULASKI COUNTY
BILL OF ASSURANCE CIRCUITICGUNTY CLERK
Lot 10, I430-Colonel Glenn Commercial Fees $29. BB
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 10,
I430-Colonel Glenn Commercial, City of Little Rock, Pulaski County, Arkansas" dated
e-4_, 200T, same having been filed in the Office of the Circuit Clerk and Ex -Off icio Recorder of
Puiaskounty, Arkansas in Plat Book �� Page _LZ3, 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 10, 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 fast 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, landscape
design 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, 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 have been approved by the ACC and, in any event, any such dumpster or other
trash refuse facility or repository shall be enclosed. The ACC shall be composed of three (3) persons
appointed by Grantor; at such time as I430-Colonel Glenn Commercial shall include at least ten (10) lots,
C&, then sixty percent (60%) of the owners of all platted lots in said Subdivision may thereafter select the ACC.
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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
EXHIBIT A
LOT 10, 1430-COLONEL GLENN COMMERCIAL
PART OF THE NW1/4 OF SECTION 21, T-1-N, R-13-W, PULASKI COUNTY,
ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 21, 1430-COLONEL GLENN
COMMERCIAL, SAID CORNER LYING ON THE WEST RIGHT-OF-WAY LINE OF
COLONEL GLENN PLAZA DRIVE; THENCE S22' 18'24" E ALONG SAID WEST
RIGHT-OF-WAY LINE, 60.00 FT.; THENCE S67'41'36'W, 426.49 FT. TO
A POINT ON THE EAST RIGHT-OF-WAY LINE OF COLONEL GLENN COURT;
THENCE NORTHWESTERLY ALONG SAID EAST RIGHT-OF-WAY LINE BEING THE
ARC OF A 830.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND
DISTANCE OF N20'53'427W, 108.40 FT.; THENCE N2438'21"W
CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE, 414.37 FT.; THENCE
NORTHEASTERLY CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE BEING
THE ARC OF A 25.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING
AND DISTANCE OF N21'31'38" E, 36.07 FT. TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF COLONEL GLENN ROAD; THENCE N67'41'367E
ALONG SAID SOUTH RIGHT-OF-WAY LINE, 183.10 FT. TO THE NORTHWEST
CORNER OF SAID LOT 21, 1430-COLONEL GLENN COMMERCIAL; THENCE
S22'18'24"E ALONG THE WEST LINE OF SAID LOT 21, 488.41 FT. TO
THE SOUTHWEST CORNER THEREOF; THENCE N67'41'36"E ALONG THE
SOUTH LINE OF SAID LOT 21, 232.60 FT. TO THE POINT OF BEGINNING,
CONTAINING 122,632 SO. FT. OR 2.8152 ACRES MORE OR LESS.
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
By:
Robert A. Vogel, Joint Venturer
By:
Gary y, Joint entuFer
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
By:
Date:
Reviewed only for incaesion of minimum standards
required by the City of Uttls Rocs subdNisicn reguia5arr
Bill of ►csuranCle Fo1ri ic.!s cstabl,ei;0d by t1 c
deveiaNsr r a; cxr��d r=.ir' `U—M r a,��;ct one of tftc
Lithe Rocksucdiviv�lrn and zor►i: g ❑rdin4:'#C8:
10�) i H los-
cdi
it} Little Rock Planning Commission
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF
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 N day of
December, 2004. - ' ��••,,,, �,,,.,.,��� ''
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07-01-2012=Myxommission expires:
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4
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME: I-430-Colonel Glenn Commercial Lot 10
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 as follows:
Engineering Specialist
ENGINEER
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.
All other requirements for final plat approval have been satisfied.
Civil Engineer I/II
SURVEYOR'S REPORT
I have reviewed the plat and find that:
All require is for final plat approval have been satisfied.
7 /� �` Surveyor N D n x� P��
D V % s T'► 7ri �v9
MANAGER APPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied.
Design Review Engineer/Civil Engineering
Manager
October 2004
City of Little Rock
Planning and Development
poling Fees
Date: 20 Oct
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
Public Hearing Signs
Number at ea.
Total
File No.
ea.
Location 0 �-
Applicant
By