HomeMy WebLinkAboutS-1240-K Application2005086613
,,,Unl rrrrr r Q�]� 10/11/2005 10:18:18 Aft RT Sy f`�•,� Filed 8 Recorded in
G Official Records of
PAT O'BRIEN
`r PULASKI COUNTY
-PILL OF ASSURANQVIT/COUNTY CLERK
,�.." =R, I-430 COLONEL GLENN COMMERCIAL
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KNOW ALL I! 11PRESENTS:
WHEREAS, Colonel Glenn Development Company, 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 )A,hite-Daters & Associates, Inc., Registered Land
Surveyors, and a plat (the "Plat") therefore made which is identified by the title "Lot 24-R, 1-430 - 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 G, Page 785 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 he forever known as
"Lot 24-R, I-430 - 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 ;,oning and subdivision regulations applicable
for the zoning classification of the property at the time of construction unless appropriate waivers are first obtained.
3. ARCHITECTLIRAL CONTROL No building or fences shall he erected, placed or altered on any
part of the Property until the building plans, specifications, exterior color scheme and plot plan showilg the location and
facing of such building with respect to the existing topography, adjoining sweets and finished ground elevations have
been approved in writing by the Architectural Control Committee, hereinafte, ri•ferred to as -ACC", provided
specifically, (i) in no event shall a mental building be erected, constructed placed o1i the pr:;p;:rty or approved by the
ACC, unless same shall have a brick, stucco or other approved masonry grenade and (ii) no dumpsrer or other trash
refuse facility or repository shall be erected, constructed or placed on the p-opgn-t • t:rrlrss the location of'same shall first
have been approved by the ACC and, in any event, any such dumpster or twser crash refuse iirriiity or depositor}' shall
be enclosed. The ACC shal! be c imposed of three (31 persons appointed 10), Orantor at such tirlie a., 1-430 Colonel
Glenn Commercial shall include at least ten (10) lors, then sixty percent m0"•'O of zzh,� owners of it l platted 1�)ts in paid
Subdivision may thereafter select the ACC. The primary purpose of said Nt is shy:Il !-4 to insure titan proper standards
of planning, design and construction are followed in the d,avelopment ol'the-A propoi ties. including the maintenance and
landscaping of same. For the purpose of reviewing plans art.' specificatwn-�, Elie ACC may elect one of its members to
exercise the full authority granted herein to the ACC as !one,, as such authority does not conflict with any laws or
ordinances of any governmental body or with any rules, regulations or directions or 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, indication 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, not 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 I-430 - 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. COVENAN:TS 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 an 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: t4- Iv
Charles Ogles O
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
0
Date:
Reviewed only for inclusion of minimum standards
requires: by the City of Little Rock subdivision regulations,
Bill of Assurance provisions established by the
dcvelo er may exceed minimum regulations of the
e oc!< subdivision and zoning ordinances
b (to 105
City of L ttl . Rock Planning Commission
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF�"� Sti
On this day before me, a Notary Public, duly commissioned, qualified and acting within and for the County
and State aforesaid, personally appeared Charles Oglesby, to me personally well known, who acknowledged themselves
to be the Chief Executive Officer of Colonel Glenn Development Company, an Arkansas joint venture, and further
stated he, 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 CEO.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of
2005.
"OFFICIAL SEAL"
William E. McClain
Notary Public, State of Arkansas
County of Pulaski
My Commission Exp. 11/06/2007
NOTARY PUBLIC
MY COMMISSION EXPIRES: 01 7
EXHIBIT "A"
LEGAL DESCRIPTION
PART OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 13 WEST, LITTLE ROCK,
PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 23, I-430 - COLONEL GLENN
COMMERCIAL, PLAT BOOK G, PAGE 475. RECORDS OF PULASKI COUNTY,
ARKANSAS. SAID CORNER LYING ON THE WEST RIGHT OF WAY LINE OF
INTERSTATE ROUTE # 430;
THENCE S 21005'50" E ALONG SAID WEST RIGHT OF WAY LINE FOR 179.28 FEET;
THENCE S 03045'58" W CONTINUING ALONG SAID WEST RIGHT OF WAY LINE FOR
590.00 FEET;
THENCE N 84039'25" W FOR 444.97 FEET TO A POINT ON THE EAST RIGHT OF WAY
LINE OF COLONEL GLENN PLAZA DRIVE;
THENCE N 05020'35" E ALONG SAID EAST RIGHT OF WAY LINE FOR 355.70 FEET;
THENCE CONTINUING NORTHWESTERLY ALONG SAID EAST RIGHT OF WAY LINE,
BEING THE ARC OF A 380.00 FOOT RADIUS CURVE TO THE LEFT BY A CHORD
BEARING AND DISTANCE OF N 08028'55" W FOR 181.60 FEET;
THENCE N 22018'24" W CONTINUING ALONG SAID EAST RIGHT OF WAY LINE FOR
11.28 FEET TO THE SOUTHWEST CORNER OF SAID LOT 23, I-430 - COLONEL, GLENN
COMMERCIAL;
THENCE N 67041'36" E ALONG THE SOUTH LINE OF SAID LOT 23 FOR 448.80 FEET TO
THE POINT OF BEGINNING, CONTAINING 291,743 SQ. FT. OR 6.6975 ACRES, MORE
OR LESS.
City of Little Rock
Planning and Developmi
Filing Fees
Date: l C t , 20a
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.
Location-- �• ���
Appli
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