HomeMy WebLinkAboutS-1350-A ApplicationChy of Lithe Rock_ Civil Engineering Division
�. Department of 701 West Markham
Public Works Little Rock, Arkansas 72201-1300
4�1y 371-4811 Fax 371-4460
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CIVIL ENGINEERING RESPONSE
THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS
HAVE BEEN SATISFIED. APPROVAL FOR FILING OF THIS PLAT CAN „
BE ISSUED Q Fr'j�,,v S SUgD%!/i's: ou 40 1q ;• e z
SIGNED BY ENGINEER
SIGNED BY SURVEYOR
SIGNED BY 911 ADDRESS COORDINATOR
DXF. DISKETTE PLAT N E r / r
DXF DISKETTE STORM DRAIN .,,ram n !
REMARKS
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10/04/2002 022:41:02 PM
Filed & Recorded in
Official Records of
CAROLYN STALEY
DECLARATION, PLAT, RESTRICTIVE COVENAI�18'1 COUNTY
IT/COUNTY CLERK
AND BILL OF ASSURANCE OF Fees $47.00
REGIONS SUBDIVISION TO CITY OF LITTLE ROCK,
PULASKI COUNTY, ARKANSAS
THIS DECLARATION, PLAT, RESTRICTIVE COVENANTS AND BILL OF ASSURANCE OF
REGIONS SUBDIVISION TO CITY OF LITTLE ROCK., PULASKI COUNTY, ARKANSAS
("Declaration") is made this *3 J — day of September, 2002, by Starmax Properties, LP, a Texas limited
partnership, and Grant Edward McKay, an individual resident of the state of Arkansas, (together hereinafter
referred to as "Developer"). Sandra McKay, wife of the said Grant Edward McKay, is a party hereto solely
for the purpose of waiving her rights of dower and homestead.
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 THE FRACTIONAL NW1/4 OF SECTION 19, T-2-N, R-13-W, PULASKI
COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT
THE NORTHWEST CORNER OF THE NE1/4 NWIA SAID SECTION 19; THENCE S
87° 53' 00" E, 164.76 FT.; THENCE S 8751' 01' E, 88.73 FT.; THENCE S O1' 36' 22" W,
501.40 FT. TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF ARKANSAS
STATE HWY. # 10; THENCE N 67° 02' 13" W ALONG SAID NORTH RIGHT-OF-WAY
LINE, 94.30 Ft.; THENCE N 61' 38' S4" W CONTINUING ALONG SAID NORTH
RIGHT-OF-WAY LINE, 202.54 FT.; THENCE N 71° 26' 46" W CONTINUING ALONG
SAID NORTH RIGHT-OF-WAY LINE, 7.13 FT.; THENCE NO1' 28' 43" E, 376.22 FT.;
THENCE S 880 11' 55" E, 22.88 FT. TO THE POINT OF BEGINNING, CONTAINING
2.7967 ACRES, MORE OR LESS
1.2 The Developer intends to subdivide and plat the Property into building lots and easements for
ingress and egress and drainage and utilities.
1.3 Developer has caused to be made a plat (the "Plat"), filed herewith in the Plat Record Book
G at Page LAq'-), prepared by Timothy E. Daters, a Registered Professional Engineer, dated
dr_�t � LA , , 2002, 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 lots and mutual easements for the Owners (as hereinafter defined).
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 kjxnvM "bo%
A and B Regions Subdivision to City of Little Rock, Pulaski County, Arkansas, and any1a�3'
conveyance of said lots describing the same by such numerical character shall always be &pts a 4-ruMqle
description thereof. The filing of this Declaration in the Office of the Circuit Clerk and E ie;i� Reedid---"
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regionsbillofassurance9 30 02.wpd L13
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of Pulaski County, Arkansas shall be a valid and complete delivery and dedication of the easements shown
on said Plat. However, the streets, parking areas and other improvements shown on the Plat are not
indicative of public right-of-way grants, but are set forth thereon to designate mutual easements in favor of
the Owners of Lots as set forth herein.
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 H
DEFINITIONS
2.1 Definitions of Terms.
(a) "Developer" shall mean Starmax Properties, LP, a Texas limited partnership and Grant Edward
McKay.
(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 having 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.
(d) "Improvements" shall mean and include, but not be limited to, buildings, parking areas, fences,
walls, 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 set forth in the Plat.
(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 each Lot as set forth in Paragraph 1.3 hereof.
(g) "Site Plan" shall mean and refer to a certain drawing of the Property which is marked Exhibit
"A" and affixed to this Declaration and which shows the proposed improvements to be constructed and
certain easements upon the Property as granted herein.
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 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
regionsbillofassurance9 30 02.wpd Page -2-
appearance and function; (e) to provide adequate off-street parking and loading facilities; and (f) generally
promote the welfare and safety of each 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 sanitarysewers and drainage are created, accepted and reserved
on, over, across and through to each Lot as shown on the Plat (the "15' Utility Easement") filed herewith and
any plat filed hereafter, in addition to the area referred to for "detention basin" as set forth on the Site Plan
and more particularly described as an area set forth on Exhibit `B" affixed to this Declaration. No structures
or buildings or similar permanent improvements shall be built, constructed, erected, installed, placed or
maintained within the area of easements so designated on the Plat, except for the improvements set forth on
the Plat or the Site Plan. 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. The Owner of Lot
A shall be obligated to maintain that part of the "detention basin" located on Lot A in accordance with
Section 5.5 hereof. The Owner of Lot B shall be obligated to reimburse the Owner of Lot A 41.7% of the
costs of maintaining the "detention basin" located on Lot A.
4.2 The Owner of Lot B shall have a non-exclusive permanent right, privilege and easement upon
the area depicted as "Access, Utility & Landscape Easement " on the Plat (the "Access Easement Area")
permitting the Owner of Lot B or any subsequent owners of Lot B to (a) clear and keep clear the surface of
the right-of-way; (b) maintain, repair, replace, reconstruct, test, inspect and, with the reasonable written
consent of the Owner of Lot A, add Access Easement Area Improvements, without the payment of additional
compensation therefor; (c) keep the Access Easement Area clear of all buildings and other structures of any
kind; and (d) have the right of free ingress and egress from Lot B across the Access Easement Area to
Arkansas Highway No 10. The Owner of Lot A shall have the non-exclusive use of this Access Easement
Area for any purpose not inconsistent with the rights hereby conveyed, but no Owner of Lot A may place
a building, footing, wall, or other structure upon the Access Easement Area. The Owner of Lot A may
permit public or private utilities to construct underground pipes, wires, cables or other service to cross the
Access Easement Area, but only if such utilities repair any damage to the Improvements located on the
Access Easement Area. Once the Improvements are constructed on the Access Easement Area, the Owner
of Lot A shall be obligated to maintain those Improvements in accordance with Section 5.5 hereof. The
Owner of Lot B shall be obligated to reimburse the Owner of Lot A one-third (1/3) of the ongoing cost of
maintaining those Improvements within the Access Easement Area within fifteen (15) days of a submission
of an invoice or statement to the Owner of Lot B, provided any such invoice or statement shall not be
submitted for payment more frequently than once each calendar month.
4.3 Until such time that the Developer either sells Lot B or constructs and completely leases -up an
office building on Lot B, the Developer shall have a non-exclusive temporary right, privilege and easement
within an area which is within forty (40) feet of the southwest corner of Lot A (the "Sign Easement Area 1 ")
regionsbillofassurance9 30 02.wpd Page -3-
permitting the Developer to place a sign, not to exceed four feet in height and four feet in width, advertising
Lot B for sale or advertising any office building constructed on Lot B for lease.
4.4 The Owner of Lot B shall have an exclusive permanent right, privilege and easement within the
area depicted as "7' x 12' Sign Easement for Lot B" on the Plat (the "Sign Easement Area 2"), permitting the
Owner of Lot B or any subsequent owners of Lot B to construct and maintain a sign in accordance with the
City of Little Rock sign guidelines but, in no event, any larger than 5' x 10'.
ARTICLE V
PERMITTED USES
5.1 In the development, use, or ownership of all or any portion of the Property, each 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.
5.2 The following uses of, in or on the Property are prohibited:
(a) Any use which creates a nuisance or materially increases noise or the emission of dust, odor (but
not including restaurants which are otherwise permitted), smoke or gases;
(b) Assembling, manufacturing, distilling, refining, smelting, agriculture, or moving operation;
(c) Any mobile home or trailer court, labor camp, junk yard, stock yard, animal raising, except the
temporary use of construction trailers during the period of construction, reconstruction or maintenance shall
also be permitted;
(d) Any drilling for, in or removal of subsurface substances;
(e) Any dumping, disposing, incinerating or reduction of garbage or refuse (exclusive of garbage
compactors located in the rear of any building); and
(f) Any fire sale, going out of business sale, bankruptcy sale (unless pursuant to a court order).
5.3 Prior to August 1, 2017, no portion of Lot B shall be developed, used, operated, or maintained
as an office building or complex engaged in the for -profit business of banking, companies or agencies who
sell insurance, businesses who are S1PC insured and NASD licensed securities brokerage firms, businesses
engaged in check cashing services, businesses accepting FDIC deposits, businesses engaged in the making
of loans or businesses offering trust services, expressly excluding professional money managers and estate
planning professional firms who do not sell securities or insurance.
5.4 Prior to August 1, 2017, no portion of Lot A shall be developed, used operated, or maintained
as an office building or complex engaged in the business of medical, nursing, or dentistry operations.
5.5 Maintenance and Repair. Following completion of construction of buildings and improvements,
the Owner shall maintain all buildings and improvements on the Lot it owns in good condition and state of
repair, wear and tear and the effects of time, excepted. Subject to Article IV hereof, each Owner shall, at
regionsbillofassura=9 30 02.wpd Page -4-
its own expense, cause the Lot it owns and all exterior improvements, including drive access, parking areas,
sidewalks and water detention areas located thereon to be maintained at all times in good and clean condition
and repair, which shall include, but not be limited to the following:
(a) Maintaining the paved surfaces in a level, smooth and evenly covered condition with the type of
surfacing material originally installed or such substitute as shall in all respects be equal or superior in quality
and durability:
(b) Removing all papers, debris, filth and refuse, ice and snow, and thoroughly sweeping the area
to the extent reasonably necessary to keep the area in a clean and orderly condition;
(c) Placing, keeping in repair, and replacing directional signs, markers and lines;
(d) Operating, keeping in repair, and replacing, where necessary, artificial lighting facilities; and
(e) Maintaining all landscaped areas and repairing automatic sprinkler systems or water lines and
making replacements of shrubs and other landscaping.
ARTICLE VI
REGULATION OF wFROVEMENTS
6.1 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.
6.2 Subdiyidi . No Lot shall be subdivided without the prior written consent of all the Owners of
the Property, except Lot B may be subdivided into a maximum of two (2) lots provided approval of the City
of Little Rock has been obtained and provided that all covenants, restrictions and agreements shall apply to
Lot B in full force and effect despite such subdivision.
6.3 Building Exteriors. The exterior of all Improvements on any Lot shall comply with the
following:
(a) Exterior wall elevations of buildings fronting Highway 10 must include at least
80% masonry or equivalent and/or glass, unless otherwise approved by all the Owners.
6.4 Sereen . 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.
6.5 Intentionally omitted.
6.6 Li tin . All exterior lighting shall be shielded and directed away from adjoining property
Owners and in a style approved by Owners.
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6.7 Landscaping.
(a) Each Owner will be responsible for the design, development and maintenance of the landscape
on each Owner's Lot and contiguous planting areas within the various right-of-ways and public property to
the face of curb or sidewalk or property line of each Lot. Dead or extensively damaged trees, ground cover
or shrubs shall be replaced within thirty (30) days after the damage occurs if possible. Replacement may be
made at a later date, if necessary, due to seasonal conditions.
(b) Side and Rear Yards. All side and rear yards shall be solid sodded with zoysia grass or other
equivalent as approved by Owners.
(c) Irrigation. All landscaped areas shall 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.
6.8 Noise Pollution. No activity which could cause a nuisance by reason of noise to adjoining
and/or surrounding 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, except for the speakers for customers
using the drive through auto -bank anticipated for construction on Lot A, 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.
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, provided, however, where certain covenants
otherwise provide herein for a specific termination date, such covenant shall expire as specifically provided
and the permanent easements granted in Article IV shall not terminate.
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 all of the Property. 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.
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
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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.
ARTICLE VIII
MISCELLANEOUS
8.1 No Waiver. All the conditions, covenants, restrictions and reservations contained in this
Declaration 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.
8.3 Benefits and Burdens. The terms and provisions contained in this Declaration shall bind and
inure to the benefit of the Developer, the Owners, 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 the
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:
Starmax Properties, LP
c/o S. Barksdale McKay
P. O. Box 241967
Little Rock, Arkansas 72223
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8.5 Singglar 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.
8.6 Waiver of Dower and Homestead. I, Sandra McKay, wife of the said Grant Edward McKay,
for the considerations stated herein, do hereby waive release and relinquish all my right and possibility of
dower and homestead in and to the Property as to the conditions, covenants, restrictions and reservations set
forth herein and easements granted herein by the Developer and by Grant Edward McKay.
EXECUTED on the date first mentioned above.
DEVELOPER:
STARMAX PROPERTIES, LP
BY:
STARMAX PROPERTIES, LLC,
GENERAL PAANER
C
mm
Reviewed only for inclusion of minrnum standards
required by the City of Little Rack subdivision regulatiorr-�
Bili of Assurance provisions estaUlshed by th_
developer may exceed minimum rc-•jlaticns of the
Little Rock subdivision and zoning crdinance:
i Q 62.
City of Little Rock Planning CAWmission
S. BARKSDALE McKAY,
GRANT EDWARD McKAY
SAND McKA
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STATE OF ARKANSAS
COUNTY OF PULASKI
ACKNOWLEDGMENT
On this �day of -P, , 2002, 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, LP, a Texas limited
partnership, executed and delivered said foregoing instrument for the consideration, uses and purposes
therein mentioned and set forth.
IN TESTIMONY
D G �m 2002.
STATE OF ARKANSAS
COUNTY OF PULASKI
�40TAR
PUBLIC
?0.
� CQt.�
set my hand and official seal this �day of
ARY PUBLIC
ACKNOWLEDGMENT
On this � day of ' , 2002, before me, a Notary Public, duly commissioned, qualified
and acting, within and for said County and State, appeared in person the within named Grant Edward McKay,
being the person, to me personally well known, who stated that he executed and delivered said foregoing
instrument for the consideration, uses and purposes therein mentioned and set forth.
IN TESTIMONY
2002. ; lA
G�ICiA��' y
PUBLIC
have hereunto set my hand and official seal this Z-i( day of
NOTARI PUBLIC
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STATE OF ARKANSAS
COUNTY OF PULASKI
ACKNOWLEDGMENT
On this _J day of & c 144e(, 2002, before me, a Notary Public, duly commissioned, qualified
and acting, within and for said County and State, appeared in person the within named Sandra McKay, being
the person, to me personally well known, who stated that she executed and delivered said foregoing
instrument for the consideration, uses and purposes therein mentioned and set forth.
IN TESTIMONY
Q t-. 2002. ��xp.N U,qC
1c
�,4orAR y
M@�
PUB LIC,l
CADocuments and
, I have hereunto set my hand and official seal this ly�day of
NOTARY ftMLIC
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