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HomeMy WebLinkAboutS-1292-A Application2000077396 0l�4 11/01/2000 08:56:23 AN Filed & Recorded in Official Records of CAROLYN STALEY DECLARATION, PLAT, RESTRICTIVE COVENANTS PULASKI COUNTY AND BILL OF ASSURANCE OF CIRCUIT/COUNTY CLERK Fees $36.00 PARK WEST COMMONS THIS DECLARATION, PLAT, RESTRICTIVE COVENANTS AND BILL OF ASSURANCE OF Park West Commons, made this day of , 2000, by Starmax Properties, L.P., a Texas limited partnership, together hereinafter referred to as "Developer". ARTICLE I RECITALS 1.1 The Developer is the present record title holder of certain real property situated in the County of Pulaski, State of Arkansas, more particularly described as follows (the "Property"): PART OF LOT 16 AND 17, HILLVALE ADDITION TO THE CITY OF LITTLE ROCK, AND PART OF CLOSED MALEKIN STREET AND LORENA AVENUE, ALL IN PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 17, SAID HILLVALE ADDITION; THENCE S009 I'l4"E, 19.71 FT. TO A POINT ON THE CENTERLINE OF CLOSED LORENA AVENUE; THENCE N89°00'52"W ALONG SAID CENTERLINE, 298.71 FT.; THENCE N00°51'08"E, 19.95 FT. TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID LORENA AVENUE; THENCE .+s''••+•''••. N88058'11 "W ALONG SAID NORTH RIGHT-OF-WAY LINE 72.63 FT.; THENCE CIRO • NO1°33'20"E, 184.82 FT.; THENCE S89°02'26"E, 48.02 FT.; THENCE ;:� *;`�� �r ��j��`•� N01030'09"E 185.0q FT. TO A POINT ON THE CENTERLINE OF MALEKIN = , STREET; THENCE S89004'03"E ALONG SAID CENTERLINE, 103.78 FT.; r I� "=:* • C� THENCE N00°11'37"W, 352.16 FT. TO A POINT ON THE SOUTH RIGHT -OF- E WAY LINE OF WEST MARKHAM STREET; THENCE S88008'02"E ALONG SAID: N r �• y SOUTH RIGHT-OF-WAY LINE, 208.22 FT. TO A POINT ON THE WEST RIGHT- OF-WAY LINE OF ATKINS ROAD; THENCE S0091'14"E ALONG SAID WEST •,��` RIGHT-OF-WAY LINE, 719.30 FT. TO THE POINT OF BEGINNING, CONTAINING +.• JAV�Fss�.► 205,194 SQ. FT. OR 4.7106 ACRES MORE OR LESS. 1.2 The Developer intends to subdivide and plat the Property from time to time into building lots, streets and easements for drainage and utilities. 1.3 Developer has caused to be made a Plat, filed herewith, prepared by Timothy E. Daters, a Registered Professional Engineer, dated 2000, showing a survey made by Paul M. White, a Registered Land Surveyor, bearing a certificate of approval executed by the City of Little Rock Planning Department and showing thereon the metes, bounds and dimensions of the Property which Developer now is desirous of subdividing and platting into a Lot and public street right-of-way. billofassurance/pwcommons (09/29100 PRINT) DECLARATION, PLAT, RESTRICTIVE COVENANTS/PAGE I 1.4 Developer warrants and represents that it has laid off, platted, and does hereby lay off, plat and subdivide the Property in accordance with the aforesaid Plat. The Property shall be forever knowti as Lot 1 and Lot 2, Park West Commons, an Addition to the City of Little Rock, Pulaski County, Arkansas, and any and every deed of conveyance of said Lot describing the same by such numerical character shall always be deemed a sufficient description thereof. The filing of this Declaration, Plat, Restrictive Covenants and Bill of Assurance in the Office of the Circuit Clerk and Ex -Off cio Recorder of Pulaski County, Arkansas shall be a valid and complete delivery and dedication of the streets and easements shown on said Plat. 1.5 Developer deems it advisable that the title to the Property be held, owned and conveyed subject to the protective and restrictive covenants and reservations herein set forth in order to enhance the value of the Property and to insure the proper use and appropriate development and improvement of the Property. ARTICLE II DEFINITIONS 2.1 Definitions of Terms. (a) "Developer" shall mean Starmax Properties, L.P., a Texas limited partnership. (b) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any of the Property, but excluding those havisig any interest merely as security for the performance or payment of an obligation. (c) "Property" shall mean and refer to the real property described in Paragraph 1.1 hereof. A "Improvements" shall mean and include, but not be limited to, buildings, parking areas, loading areas, fences, walls, hedges, landscaping, mass plantings, poles, signs and any structures of any type or kind. (e) "Lot" shall mean and refer to the fee simple absolute estate of any platted plot of land within the Property, as heretofore and hereafter platted. (f) "Plat' shall mean and refer to a certain drawing which is approved by the City of Little Rock and filed with the Circuit Clerk platting a Lot. ARTICLE III PURPOSE 3.1 The Property is hereby made subject to the following conditions, covenants, restrictions and reservations all of which shall be deemed to run with the Property and each and every part thereof to insure proper use and appropriate development and improvement of said biliorassuranee/pwcommons (09/29/00 PRINT) DECLARATION, PLAT, RESTRICTIVE COVENANTS/PAGE 2 Property so as to (a) protect the Owner against such improper development and uses of surrounding parcels as will depreciate the value and use of their parcels; (b) prevent the erection on the Property of structures constructed of improper or unsuitable materials or with improper quality and methods of construction; (c) insure adequate and reasonably consistent development of the Property; (d) encourage and assure the erection of attractively designed permanent improvements appropriately located within the Property in order to achieve harmonious appearance and function; (e) to provide adequate off-street parking and loading facilities; and (f) generally promote the welfare and safety of the Owner. ARTICLE IV EASEMENTS 4.1 A permanent easement or easements for drainage and for the installation, maintenance, repair and replacement of utility services, storm and sanitary sewers and drainage are created, accepted and reserved on, over, across and through to the Lot as shown on the plat filed herewith and any plat filed hereafter. No structures or buildings or similar permanent improvements shall be built, constructed, erected, installed, placed or maintained within the area of easements. No excavations within the area of said easements for the erection of any fences (wood, wire, stone or brick) or for any other purposes shall be made which would interfere with installation, maintenance, repair and replacement of any utility, storm, sanitary sewer, or drainage services. In the event any trees, incinerators, structures, buildings, fences, pavement or similar improvements shall be growing on or be constructed, erected, installed, placed, built or maintained within the area of any such easement, no utility provider will be liable for the destruction of same in the installation, maintenance, repair, or replacement of any utility or drainage services located within the area of such easement. ARTICLE V PERMITTED USES 5.1 In the development, use, or ownership of all or any portion of the Property, the Owner thereof shall develop, use and occupy the Property in compliance with the zoning rules and regulations of the City of Little Rock in effect from time to time and any and all other applicable governmental entities as they apply to any particular portion of the Property. ARTICLE VI REGULATION OF IMPROVEMENTS 6.1 A_pi3roval. No building shall be erected, placed or altered on the Property until the building plans, specifications, exterior color scheme and plot plan showing the location and facing of such building with respect to existing topography off -building signage, adjoining streets and finished ground elevations, have been approved, in writing, by the Developer. A primary purpose of this restriction is to insure that proper standards of planning ,design and construction are followed in the development of the Property, for the collective benefit of Owner. billofassurance/pwcommons 09/29/00 PRINT) DECLARATION, PLAT, RESTRICTIVE COVENANTS/PAGE 3 6.2 Developer's Liability. The granting of any approval, permit or authorization by the Developer shall be final and binding. The Developer shall incur no liability by reason of its refusal to approve any plans or specifications submitted hereunder. 6.3 Submission Requirements. (a) Any submission to the Developer for approval of a proposed development shall include: (1) A site plan, to scale, indicating the location of all proposed improvements, including, without limitation, structures, trash disposal, parking areas, storage and maintenance areas, fencing, drainage and traffic circulations; (2) Landscape plans to scale, indicating site topography elevations of walks, drives and building entries, existing tree locations, proposed tree removal and/or replacement (location and trunk diameter), fencing location, site of fencing and material thereof, and any other pertinent site treatment. The landscape plans and the grading plan showing site topography and drainage may be submitted as separate plans; (3) Building elevations, to scale, indicating all elevations of proposed structures with specification of building materials, fences and color scheme; and (4) Sign plan, indicating design, location and details of all signs which will be visible from the exterior of any building. (b) Approval of any proposed development by the Developer will not relieve any Owner of the obligation to comply with all laws, ordinances, regulations or rules of 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 Developer create any liability to the Owner or to any third party who may seek to rely thereon. 6.4 Setbacks. No building shall be located on any Lot nearer to the front, side or rear lot lines than the minimum building setback lines shown on any recorded Plat affecting the Property. 6.5 Sidewalks. Sidewalks shall be installed by the Owner along abutting streets as may be required by the City of Little Rock. 6.6 Subdividin . No Lot shall be subdivided without the prior written consent of the Developer and the City of Little Rock first having been obtained; provided, however, that Lot 2 may, and most probably will, be further subdivided into separate platted lots for each building site and some surrounding portions of Lot 2. billofassurance/pwcommons DECLARATION, PLAT, RESTRICTIVE COVENANTS/PAGE 4 (09/29/00 PRINT) 6.7 Building Exteriors. The exterior of all improvements on any Lot shall comply with the following: (a) Exterior wall elevations of buildings fronting West Markham Street and Atkins Road must include at least 40% masonry or equivalent, unless otherwise approved by the Developer. (b) Roofs shall be of a design and in a material approved by the Developer, unless otherwise approved by the Developer. (c) Roof -mounted mechanical equipment which is visible from the ground is to be screened and painted to match the exterior material of the building. (d) Gutters and downspouts are to be painted to match the surface to which they are attached. (e) Vents, louvers, exposed flashing and service doors are to be painted consistent with the exterior material of the building. 6.8 Screening. Areas used for loading, service access, ground -level mechanical equipment, transformers and other appurtenant items of poor visual quality, and that are visible from contiguous parcels or streets, are to be screened by the use of the same material as the building exterior. In the case of certain low-level items, such as transformers, the Developer may approve the substitution of dense, mature landscape materials. 6.9 Signs. (a) Ground signs will be constructed of masonry, metal, pre -cast concrete or other material approved by the Developer. (b) All signs will comply with the Little Rock Sign Ordinance and approved by the Developer. If signs are upon landscaped berms, their maximum height above curb level shall be ten (10) feet. (c) Temporary Signs. The location, size and design of temporary signs are subject to the approval of the Developer. 6.10 Driveways and_Park�in ,. (a) The location of driveways requires the prior approval of the Developer. (b) All exterior parking areas shall have concrete upright curbs. billofassurance/pwcommons DECLARATION, PLAT, RESTRICTIVE COVENANTS/PAGE 5 (09/29/00 PRINT) 6.11 Lim}tin 1. All exterior lighting shall be shielded and directed away from adjoining property owners and in a style approved by Developer. 6.12 Landscaping. (a) Owner will be responsible for the design (subject to Developer approval), development and maintenance of the landscape on Owner's Lot and contiguous planting areas within the various right-of-ways and public property to the face of curb. Dead or extensively damaged trees, ground cover or shrubs shall be identically replaced within thirty (30) days after the damage occurs. Replacement may be made at a later date, with the Developer's approval, if necessary, due to seasonal conditions. (b) Parking Lots. The landscaped areas in the parking lots shall meet or exceed the requirements of the City of Little Rock Landscape Ordinance and shall be planted with solid sodded zoysia, ground cover, shrubs or equivalent, approved by the Developer. (c) Side and Rear Yards. All side and rear yards shall be solid sodded with zoysia grass or other equivalent as approved by Developer. Willow oak or other equivalent tres approved by Developer shall be planted at average of not less than 40-foot intervals as indicated by the Developer. (d) Irrigation. All landscaped areas are to be irrigated with an approved automatic sprinkler system. Impact heads will be utilized along the right-of-ways and will be spaced to provide complete coverage between the right-of-way line and the back of curb. The irrigation system will be designed and operated to prevent or minimize run-off and discharge or irrigation water onto roadways, driveways, adjacent properties and any area not under control of the user. 6.13 Noise Pollution. No activity which could cause a nuisance by reason of noise to adjoining and/or surrounding Property Owners shall be permitted on any Lot, especially from 10:00 p.m. to 7:00 a.m. The use and operation of an external public address system or paging system is strictly prohibited. The use and operation of power tools other than during construction or repair of the improvements on a Lot are strictly prohibited. 6.14 Prohibitive Uses. No Lot shall be used for any purpose or business which is considered dangerous or unsafe, or which constitutes a nuisance, or is noxious or offensive by reason of emission of dust, odor, gas, smoke, fumes or noise. 6.15 Maintenance. All fences will be maintained in good repair by Owner. Owner will mow and maintain the right-of-way area between West Markham Street and Owner's property line and the right-of-way area between Atkins Road and Owner's property line in a professional and attractive manner. billofassurance/pwcommons DECLARATION, PLAT, RESTRICTIVE COVENANTSIPAGE 6 09/29/00 PRINT) ARTICLE VII TERMINATION MODIFICATION ENFORCEMENT AND ASSIGNMENTS 7.1 Term. The covenants, conditions, restrictions and reservations contained herein shall continue in full force and effect until January 1, 2030, and shall thereafter be renewed automatically from year to year unless and until terminated as provided in paragraph 7.2 hereof. 7.2 Termination and Modification. The covenants, conditions, restrictions and reservations contained herein may be terminated, extended, modified or amended as to the whole of the Property or any portion thereof, with the written consent of the Owners of 60% of the Property, except that the covenants, conditions, restrictions and reservations cannot be made more restrictive against Lot 2 without the mutual consent of the Owner, and, furthermore, in the event that the covenants, conditions, restrictions and reservations of another part of the Property are terminated, modified, amended or otherwise result in a lesser standard to those covenants, conditions, restrictions and reservations which apply to Lot 2, then the covenants, conditions, restrictions and reservations to Lot 2 shall be modified to reflect the same lesser standard. Such termination, extension, modification or amendment shall be immediately effective on the recording of the proper instrument in writing, executed and acknowledged by such Owners in the Office of the Clerk and Ex-Officio Recorder of Pulaski County, Arkansas. Provided, however, none of the restrictive covenants herein contained may be modified, terminated, amended or canceled prior to January 1, 2030, without the prior written consent of the Developer, as long as Developer owns any part of the Property. 7.3 Right to Enforce. The restrictions and covenants and reservations herein set forth run with the land and are binding upon the Developer, the Owners and all parties, persons and entities claiming title to or an estate in any part of the Property described herein. Moreover, any and all parties, persons and entities owning Property herein described, or any part thereof, covenant and agree with all of the Owners of the Property hereby restricted and with their heirs, successors and assigns, and with each other, to conform to and fully observe all of the covenants, restrictions and reservations herein contained. In furtherance of the above and foregoing, the Developer and all Owners of any of the Property hereby restricted shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of, the covenants, restrictions and reservations herein set forth, in addition to ordinary legal action for damages. The failure of the Developer or any Owner to enforce any of the covenants, restrictions or reservations herein contained at the time of its violation, shall in no event be deemed a waiver of the right to do so thereafter. 7.4 Assignment of Developer's Rights and Duties. Any and all rights, powers and reservations of the Developer herein contained may be assigned in good faith by the Developer to any responsible person, corporation or association or committee who has a legitimate interest in the subject matter hereof, which will assume any or all of the duties of Developer hereunder, and upon any such person, corporation or association's evidencing its consent in writing to accept such assignment, said assignee shall, to the extent of such assignment, assume Developer's duties hereunder, have the same rights and powers and be subject to the same billofassurance/pwcommons (09/29/00 PRINT) DECLARATION, PLAT, RESTRICTIVE COVENANTS/PAGE 7 obligations and duties as are given to and assumed by the Developer herein. Upon such assignment, and to the extent thereof, the Developer shall be relieved from all liabilities, obligations and duties hereunder. The term "Developer" as used herein, includes all such assignees and their heirs, successors and assigns. If at any time the Developer ceases to exist and has not made such an assignment, a successor developer may be appointed by the Owners of 60% of the Properly upon compliance with the requirements of Paragraph 7.2 of this Article VII. ARTICLE VIII MISCELLANEOUS 8.1 No Waiver. All the conditions, covenants, restrictions and reservations contained in this Declaration, Plat, Restrictive Covenants and Bill of Assurance shall be construed together, but if it shall at any time be held that any one of said conditions, covenants, restrictions and reservations, or any part thereof, is invalid, or for any reason becomes unenforceable, no other conditions, covenants, restrictions and reservations or any part thereof shall be thereby affected or impaired. 8.2 Owner's Liability Subsequent to Sale. Upon sale of a parcel, the Owner so selling shall not have any further liability for the obligations thereon which accrue against such parcel sold after the date of the conveyance; provided, however, that nothing herein shall be construed so as to relieve an Owner of any parcel from any liability or obligations incurred prior to such sale pursuant to this Declaration, Plat, Restrictive Covenants and Bill of Assurance. 8.3 Benefits and Burdens. The terms and provisions contained in this Declaration, Plat, Restrictive Covenants and Bill of Assurance shall bind and inure to the benefit of the Developer, the Owner, their respective heirs, successors, personal representatives and assigns. 8.4 Notice. Any notices required or permitted herein shall be in writing and mailed, postage pre -paid by registered or certified mail, return receipt requested, and shall be directed as follows: (a) If intended for an Owner, to the address supplied in writing by the Owner to the Developer, failing which the notice shall be sent to one of the following, in the following order of priority: (1) To the Lot if improved; (2) If the Lot is not improved, to the address set forth in purchase contact; or (3) None of the foregoing, to the last known address of the Owner. (b) If intended for the Developer, to the address as follows: b illofassurance/pwcommons DECLARATION, PLAT, RESTRICTIVE COVENANTS/PAGE 8 (09/29/00 PRINT) Starmax Properties, L.P. c/o S. Barksdale McKay P. O. Box 26178 Little Rock, Arkansas _72221 8.5 Singular and _ Plural. Words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires. EXECUTED on the date first mentioned above. Reviewed only for inclusion of minimum standards required by the City of little Flock subdivision rcgulatiopa. Bill of Assurance provisions establishod by I,ho developer may exceed minimum regulations Gf tho t.fitle Rack subdivision and zoning ordinances. 0 a err, Citk of L the Adick Planning Commission DEVELOPER: STARMAX PROPERTIES, L.P. BY: STARMAX PROPERTIES, LLC, GENERAL PARTNER BY: S. B SDALE M KAY, M b illofassurance/pwcommons DECLARATION, PLAT, RESTRICTIVE COVENANTS/PAGE 9 (09/29/00 PRINT) STATE OF ARKANSAS COUNTY OF PULASKI ACKNOWLEDGEMENT On this s day of 2000, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named S. Barksdale McKay, being the person authorized to execute such instrument, to me personally well known, who stated that he was the Manager of Starmax Properties, LLC, General Partner of Starmax Properties, L.P., a Texas limited partnership, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this (-tk a )2000. or ... q� ..A� Q i4QTARY z Pua� NOTARY PU LIC 2-157- C:\WINDOWS\TEMP\18_25Park WestConunons2_shl I.wpd billofassurance/pwcommons DECLARATION, PLAT, RESTRICTIVE COVENANTS/PAGE 10 (09/29/00 PRINT) _City of Little Rock DepGnmeni of Public \Vorks 'Cl West 1.,atkham Little FDCk• AtkBrS?S ':2�t•13�D 3i1-4811 FAX -=5D ")/Q CIVIL ENGINEEERING RESPONSE EnQineerinq Division The Civil Engineering Requirements for Filing of Final Plats have been satisfied. Approval for filing of this plat can be issued 0 Signed By RS : D f N,cf CLR PUBLIC WORKS DEPT. DATE TO AGENCY FAX FROM AGENCY FAX r PHONE it TOTAL PAGES S' uCWA o.,V /M q s- rYL o ♦ CO&J' /10 '3I/ m-,a> © WHITE-DATERS & ASSOCIATES, INC. 401 Victory Street Little Rock, Arkansas 72201 0 (501) 374-1666 Mr. Monte Moore City of Little Rock Planning & Development 723 W. Markham Little Rock, AR 72201 RE : �" j S '' Pp. Ce CL c� c� 00 f-a r� �: Mr. Moore, Please review the following plat(s) and call Brian Dale or Paul White with any comments you may have. Thank You, Amanda Phillips CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING City of Little Rock,Ark. 0135 Filing Fees Date: 10/7.1 .20 � Annexation $ Bd.of Adjustment $ Cond. Use Permit $ Final plat $_12�7.v"-L) Planned Unit Dev. $ Preliminary Plat $ Special Use Permits_ $ '► Rezoning `r $ Site Plans�jQa Right of way abandonment Street name change $ Street name signs Number at ea. $ Total rb File no.- Locat ions/-tt-`—, 6✓ - , Applicant