HomeMy WebLinkAboutS-1474 Application, c - -J
1
City of Little Rock
Planning and Development
Filing Fees
Date: � C 1 10, 20 04-
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.
$i ITI..�
Public Hearing Signs
Number at ea. $ i
Total
File No. Ole,
Location
Applic t
By
This Instrument was prepared by
and after recording, return to
Randal B. Frazier
Quattlebaum, Grooms,
Tull & Burrow PLLC
111 Center Street
Suite 1900
Little Rock, AR 72201
501.379.1700
2005002831
01/10/2005 12:14:37 PM
Filed B Recorded in
Official Records of
GAT OIBRIEN
PULASKI COUNTY
CIRCUIT/COUNTY CLERK
Fees $26.00
THE ABOVE SPACE IS FOR RECORDER'S USE ONLY
BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, 145 Associates, Ltd., hereinafter called "Grantor," is the owner of
the following described property:
PROPERTY DESCRIPTION:
PART OF TRACT "A" OF A.G.C. ADDITION TO THE CITY OF LITTLE ROCK,
PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 3, A.G.C. ADDITION TO
THE CITY OF LITTLE ROCK, ARKANSAS;
THENCE N 87052' E ALONG THE BOUNDARY LINE OF TRACT "A" OF A.G.C.
ADDITION FOR 176.20 FEET TO A ''/z" REBAR;
THENCE N 02049' W FOR 150.00 FEET TO A POINT ON THE SOUTH RIGHT OF
WAY LINE OF ARKANSAS HIGHWAY #5 (COLONEL GLENN);
THENCE N 87052' E ALONG THE SAID SOUTH RIGHT OF WAY LINE FOR 91.25
FEET; ,,.•''SSE CIRGUi •,.
THENCE S 02049' E FOR 383.10 FEET TO A .5/8" IRON PIPE; � �C �;'>'• : �' t''s.
THENCE N 84035'49" W FOR 33.00 FEET TO A'/z" REBAR;
THENCE S 05022'13" W FOR 17.26 FEET TO A 5/8" PIPE; _ w !.
THENCE N 6203T43" W FOR 274.41 FEET TO A PK NAIL; = cf)
THENCE N 02049' W FOR 64.47 FEET TO A PK NAIL;
THENCE N 03013'05" E FOR 46.46 FEET THE POINT OF BEGINNING;
AND CONTAINING 63,991 SQ. FT. OR 1.469 ACRES, MORE OR LESS. `r.;r Gp�NTy P�,
ut,, tt
NOW, THEREFORE, the Grantor has caused the land to be surveyed by Thomas
Engineering Company, and a plat made thereof, identified by the title "Lot 4, A.G.C. Addition
4222-8595
(Being a Replat of Part of Tract "A", A.G.C. Addition) to the City of, Little Rock, Pulaski
County, Arkansas." The plat bears the signature and seal of John R. Pownell, Registered
Professional Engineer and Registered Professional Land Surveyor, the signature of the Grantor,
bears a Certificate of Approval executed by the Little Rock Planning Commission, and is filed
for record as Plat # N _fin in the Records of the Circuit Clerk of Pulaski County, Arkansas.
The filing of the plat for record shall constitute a complete and valid delivery of any and
all easements and/or rights -of -way shown on the Plat.
The lands embraced in the plat shall be forever known as Lot 4 A.G.C. Addition to the
city of Little Rock, Arkansas, and every deed of conveyance shall bear the lot designation as
indicated on the plat.
The lots in the subdivision shall be used for purposes allowed in the C-3 zoning district.
All building Codes and Zoning Ordinances of the City of Little Rock shall be applicable.
WITNESS the signature of the Grantor this 6th day of January, 2005.
GRANTOR:
145 ASSOCIATES, LTD., a Florida limited
partnership
By: 14 Realty Corp. General
By: Jose TAk; ji
Ulln
APPROVED:
LITTLE ROCK PLANNING COMMISSION
Reviewed only for inclusion of minimum standards
required by the city of Little Rock subdivision regulations.
Bill of Assurance provisions established by the
developer may exceed minimum regulations o f the
Little Rock subdivision and zoning ordinances.
By:� �J
Date:
4222-8595
2
Name: Edward J.7utler, Jr.
Title: Authorize Signatory
ACKNOWLEDGEMENT
STATE OF NEW JERSEY )
SS:
COUNTY OF ESSEX )
On this, the 6th day of January, 2005, before me, the undersigned officer, personally
appeared Edward J. Butler, Jr., who acknowledged himself to be the authorized signatory of
Joseph T. Walsh, the Trustee of 14 Realty Corp., the general partner of 145 Associates, Ltd., a
corporation, and that he, as such signatory, being authorized so to do, executed the foregoing
instrument for the purposes therein contained, by signing the name of the corporation by himself
as such signatory, and desired that the same might be recorded as such.
IN WITNESS WHERE F, I hereunto set my hand.
Notary ic
My Commission Expires:
MARGARITA MOUNT
'my Commission Expires Jan. 27, 2001
4222-8595
3
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME: o , 6, 40.0
B ; NAG �I� �' _ /�• f -� T�� T ff
4G.e Aoa
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 REPORT
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 a proval have been satisfied.
Civil Engineer I/II
SURVEYOR'S REPORT
I have reviewed the plat and find that:
All requiremen or final plat approval have been satisfied.
Surveyor �� Z/9 147
MANAGER APPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied.
2 'f iJ C Design Review Engineer/Civil Engineering
Manager
October 2004
,�;_ IKe/
Carney, Dana
From:
Carney, Dana
Sent:
Tuesday, August 12, 2014 10:46 AM
To:
'Ryan Peterson'; Spillman, Darren
Cc:
'Richard Voigt'; Alderfer, Mark
Subject:
RE: Waffle House 4200 S University
Tracking:
Recipient Delivery
'Ryan Peterson'
Spillman, Darren Delivered: 8/12/201411:20 AM
'Richard Voigt'
Alderfer, Mark Delivered: 8/12/201411:20 AM
My staff looked at the documents and agree with you. The Waffle House area is within Tract A and there is cross access
throughout that site. Apparently the Waffle House site was cut out of Tract A without benefit of an approved plat (?) I
will Advise Mr. DeMaz of our findings. It would be beneficial if you also had that discussion with him and provided him
all of the documents, as a good neighbor.
From: Ryan Peterson [mailto:ryanpeterson@wafFlehouse.com]
Sent: Tuesday, August 12, 2014 9:28 AM
To: Carney, Dana; Spillman, Darren
Cc: 'Richard Voigt'
Subject: RE: Waffle House 4200 S University
Dana,
The survey was only sent to assist with understanding the legal description contained in the Declaration. The
easement described in the recorded document is blanket in nature and therefore not an easement that can be
platted. Per the Exhibit A of the Declaration our property is part of the defined "Shopping Center Parcel",
along with the old Kmart property, as it was under common ownership at the time of the document. Paragraph
2(a) establishes the blanket easement rights of access and parking over the areas defined in Paragraph 1(a).
For further evidence I have now attached a copy of our ALTA survey dated 5/27/14. The notes found at the
top -center portion of our ALTA pertain to the Schedule B of our title insurance commitment. The surveyor
clearly states that Recorded Instrument No. 2005011333 listed as item (m), which is the Declaration of
Easements, Covenants and Restrictions I provided in an earlier email, does apply to our property.
I know of no other way to more clearly show you that we do indeed have the right to continue the inter -parcel
access at the rear of our property. If you insist on continuing to deny us the legal right of access granted by this
recorded document then please forward the matter to your city attorney so we can reach a resolution of this
issue.
Ryan Peterson
V.P. , Waffle House, Inc.
Real Estate Representative
5986 Financial Drive
Norcross, GA 30071
(c) 7o6.207.6401
From: Carney, Dana j_mailto DCarneyglittlefock.org]
Sent: Monday, August 11, 2014 5:46 PM
To: Ryan Peterson; Spillman, Darren
Cc: 'Richard Voigt'
Subject: RE: Waffle House 4200 S University
Based on what you have sent, I do not see an access easement on the west side of the proposed Waffle House tract onto
Mosaic's property. The access easement is located along the east side of the plat, parallel to S. University, to a point
north of the "Hollywood Video" property (as you have noted in red) The declaration of easements appears to be
between the Shopping center parcel and the restaurant that was being separated out of it. I again encourage you to get
with Mr. DeMaz. Until it is resolved, we cannot approve the access onto the Church's property form Waffle House
...... ...........I-- ...................... .......... . ...... ........ ....... ...,.,........... �.
From: Ryan Peterson [mailto�r anpetersan waffieh m]
Sent: Monday, August 11, 2014 4:30 PM
To: Carney, Dana; Spillman, Darren
Cc: 'Richard Voigt'
Subject: RE: Waffle House 4200 S University
Dana,
For the city's records, attached is the Declaration of Easements, Covenants and Restrictions that grants our
parcel rights of access and parking over the old Kmart property. I have also included an ALTA survey of the
overall properties if the city would like to confirm the legal descriptions. These documents were not submitted
during the building permit process as they were not requested by the city nor were our access rights contested
prior to the issuance of our site plan approval and building permit.
I am fine keeping this a private matter between the parties and will reach out to Mr. DeMaz and supply him
with this recorded document. However, if the city is going to deny our access rights as Tracy's earlier email
stated then we will need to take up the matter with the city as well.
Please review the attached documents and confirm that we will be allowed to continue with our development
plans showing the rear access as was approved by the city.
Thank you,
Ryan Peterson
V.P. , Waffle House, Inc.
Real Estate Representative
5986 Financial Drive
Norcross, GA 30071
(c) 7o6.207.6401
From: Carney, Dana Imailto:DCarney@littlerock.orgl
Sent: Monday, August 11, 2014 11:56 AM
To: Ryan Peterson; Spillman, Darren
Cc: Janice Island
Subject: RE: Waffle House 4200 S University
I suggest you speak with Mr. DeMaz. He informed us that there was no access easement. The documents submitted with
your building permit application do not indicate an access easement. If there is access allowed under the provisions of a
bill of assurance or declaration of easements that is not supported by the Plat, the parties need to reach an
understanding. It is not a City issue, rather a private matter between the two parties. From our standpoint, we cannot
otherwise approved a driveway form the Waffle House site onto someone else's property.
Dana Carney, Zoning and Subdivision Manager
City of Little Rock
Department of Planning and Development
723 W. Markham St.
Little Rock, AR 72201
...................... I.. ............................... .
From: Ryan Peterson[mailto:[)+anoetersonftafflehogW.q�Lm_]
Sent: Monday, August 11, 2014 10:26 AM
To: Spillman, Darren
Cc: Carney, Dana; Janice Island
Subject: RE: Waffle House 4200 S University
Darren,
I believe the information you have been given is in error. Per the Declaration of Easements, Covenants, and
Restrictions recorded on February 7, 2005 in the Official Records of Pulaski County as document 2005011333
we have the "right of ingress, egress and parking for pedestrians and vehicular traffic" over the shopping center
property. Further, the existing access between the shopping center and our parcel has been open and obvious
even before the date the Declaration was recorded. If the city or Mr. DeMaz would like to discuss this further
then please contact me and I will set up a time to discuss with my in-house counsel.
Thank you,
Ryan Peterson
V.P. , Waffle House, Inc.
Real Estate Representative
5986 Financial Drive
Norcross, GA 30071
(c) 7o6.207.6401
From: Spillman, Darren [mailto:dspillman@[ittlerock.or
Sent: Friday, August 8, 2014 5:39 PM
To: *ryanpeterson@wafflehouse.com'
Cc: Carney, Dana
Subject: Waffle House 4200 S University
Mr. Peterson,
This afternoon the City of Little Rock's Planning Department was made aware that the driveway leading from your
project (Waffle House 4200 S University) west to the Mosaic Church property will not permitted. Contact Mark DeMaz
(501) 912-2306 regarding acquiring an access easement.
If I can answer any further questions please let me know.
Regards,
D. Tracy Spillman, RLA
Plans and Development Administrator
City of Little Rock - Department of Planning and Development
723 W. Markham
Little Rock, AR 72701
501.371.4864
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RECORD AND RETURN TO:
Edward J. Butler, Jr., Esq.
McCarter & English, LLP
Four Gateway Center
100 Mulberry Street
Newark, NJ 07102
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DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS
THIS DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS (this
"Declaration's is made to be effective as of January.? 2005, by I45 ASSOCIATES, LTD., having
an address c/o Joseph T, Walsh, MCCartCr & English, LLP, Mellon Bank Center, 919 North Market
Street, Suite 1800, Wilmington, Now Jersey 19801-3023 ("Declarant").
RECITALS
Declarant is the fee owner of that certain real property situated in the City of Little Rock,
County of Pulaski, State of Arkansas (the "Property"), and more particularly described on the legal
description attached hereto as Exhibit "A",
Declarant intends to subdivide the Property into two (2) separate parcels of real property
consisting of a parcel of real property to be used as a restaurant facility (the "Restaurant Parcel"), as
more particularly described in the Plat of Lot 4, A.G.C. Addition (the "Plat') attached hereto as Exhibit
M and a parcel of real property to be used as a retail shopping center (the "Shopping Center
Parcel"), which consists of the balance of the Property excepting the Restaurant Parcel.
Declarant intends that the Property be developed, used and maintained in accordance with this
Declaration and .the Plat.
In contemplation of the subdivision, Declarant is desirous of establishing and providing certain
covenants and restrictions applicable to the Parcels that comprise the Property in order to establish
rights and obligations with regards to shared access and parking and other matters among and between
the Owners of the Parcels.
NOW, THEREFORE, it is hereby declared that the Property shall be held, sold, conveyed,
leased, rented, encumbered and used, subject to this Declaration and its covenants, restrictions,
easements, limitations and conditions, all of which shall constitute covenants which run with the land
and shall be bidding on and be for the benefit of the Declarant, its successors and assigns and all
owners of all or any part of the Property, together with their grantees, successors, heirs, executors,
administrators, devisees and assigns, all as set forth herein,
1. D finit ns. In addition to the definitions set forth in the above Recitals, the following
definitions shall apply:
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(a) As used herein "Common Access Area" shall mean all real property within the
Shopping Center Parcel and the Restaurant Parcel, including the Driveway (as n!
hereinafter defined), except those yeas occupied by boil<iin s,y Docks, loading
areas, �rvlq..ire�sd catzapfes witc isre ais�clid to littildirtgs but which extend
over the Common Access Area shall be deemed to be part of the b► ijlditn which
they serve or to which they are atWhe�ihkot of C men Access Arw-
(b) As used herein the "Drlveway" shall mean the real property, and any improvements
constructed thereon for driveway purposes and access to Arkansas Highway #5
(Colonel Glenn Road) by the Owner of the Restaurant Parcel after the date of this
Declaration, substantially on or in the area identified on'the Plat by the cross-
hatched marks, attached hereto as �h" ". The area defined as the Driveway is
at the time of this Declaration unimproved property and nothing contained herein
shall require the Owner of the Restaurant Parcel to construct the Driveway.
(c) As used herein "Owner" shall mean the record owner of the fee .title to the
Restaurant Parcel or the Shopping Center Parcel or any portion thereof, their
respective heirs, successors and assigns.
(d) The Restaurant Parcel and the Shopping Center Parcel may be individually referred
to in this Declaration as a "Parcel" and collectively referred to in this Declaration as
the "Parcels".
2. Creation of Fwcrnmy,
(a) Access and Use Easernent. Declarant hereby declares and establishes for the
benefit of Declarant and each Owner, its tenants, guests and
employees, a no..n-exclusive �i two#'in$rsss, egrs?�-a=kzrfor pedestrian and
.
vehicular t�over and across the Common Axes rea: T% tr�rncrs ma n
riiutua7 written consent, reconfigure, realign or reiocata any access point or other
portion of the Common Access Area, provided such reconfiguration, realignment, or
relocation does not unreasonably obstruct the traffic flow and free access between
the Parcels.
(b) U01i1y @Ed Se . The Owners of the Parcels shall cooperate with each
other in granting appropriate and proper easements for the installation, repair and
replacement of storm drains, sewers, utilities and other proper services necessary for
the orderly operation of the Common Access Area and buildings on the Parcels,
3, Use of Common A=s; ,Area.
(a) iJLe. Subject to existing easements of record, the Common Access Area shall be
used for roadways, walkways, ingress and egress, parking of motor vehicles, loading
and unloading of commercial and other vehicles, driveway purposes and the access,
comfort and convenience of customers, tenants, invitees, guests and employees of all
businesses and occupants of the buildings constructed on the Parcels.
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(b) N9 Barriers, There shall be no walls, fences, or barriers of any kind constructed or
maintained on the Common Access Area or any portion thereof, by any Owners or
their tenants which shall prevent or impair the use or exercise of any of the
easements granted herein, or the free access and movement over the Common
Access Area.
(C) j mltation5 On GOrnmon Ar,,cess Area Use,
(1) Customers, Customers, tenants, guests, employees and invitees shall not be
permitted to park in the Common Access Area except while working,
shopping or transacting business with the Owners or tenants of the Parcels,
(ii) General. All of the uses permitted, within the Common Access Area shall be
used with reason and judgment so as not to interfere with the primary purpose
of the Common Access Area which is to provide access and parking for
businesses conducted within the buildings on the Parcels,
4, Maintenance of Res:aectivc Parcels, Btffldin gsand Easement Areas,
(a) General. At all times during the term of this Declaration, the Owners and tenants
shall keep their respective Parcel in a clean and sightly condition and in good
condition and repair, consistent with the character and quality of improvements
constructed on the Parcels,
(b) Building, The Owners and tenants thereof shall maintain and keep the exterior
portion of the buildings located on their respective Parcel in at least the same
condition and repair as similarly situated shopping centers in the Little Rock area, in
compliance with all governmental requirements, and in compliance with the
provisions and requirements of this Declaration,
(c) Qarbag , The Owners and tenants shall store all trash' and garbage on their
respective Parcels in adequate containers, locate such containers so that they are not
readily visible from the customer parking areas of the Parcels and arrange for regular
removal of such trash or garbage,
(d) Surfaces, The Owners and tenants thereof shall maintain the surfaces of their
respective Parcels in a level, am,otli and uvonly coverod condition wM the type of
surfacing material originally installed or s clz suirsiiiutc:as shall in all respects be
equal In quality, use and durability,
(e) Additional. The Owners and tenants thereof shall maintain their respective Parcel
by:
(i) Promptly removing all papers, debris, filth and refuse and thoroughly
sweeping the area to the extent reasonably necessary to keep the area in a
clean and orderly condition, and free of snow, ice, dirt, and debris;
cN'
(H) Placing, keeping in repair and replacing any necessary or appropriate
directional signs, markers and lines; c
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(Ili) Operating, keeping in repair and replacing, where necessary, such artificial
lighting facilities as shall be reasonably required for adequate lighting;
(iv) Maintaining all landscaped areas in a thriving and trimmed condition and
making such replacements of shrubs and other landscaping as is necessary.
(f) Storm DW11 acilities. At all times during the term of this Declaration, each Parcel
Owner, its successors and assigns, shall share the reasonable cost of m.. }
repairing, and renewing any shared s` 4i dranaclf11`Tcs on a pro rota basis an
I..�............ ...... .�.� �
upon the total sip oca:tt E3wrie's Parcel, 1�
(g) D&ewav, If the Driveway is improved to provide access to Arkansas Highway #S
(Colonel Glenn Road), the Owner of the Restaurant Parcel shall, at its sole cost and
expense:
(1) Maintain the surfaces of the Driveway, 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 in quality, use and durability;
(ii) Promptly remove all papers, debris, filth and refuse and thoroughly sweeping
the am of the Driveway to the extent reasonably necessary to keep the
Driveway in a clean and orderly condition, and free of snow, ice, dirt, and
debris;
(iii) Repair and replace any necessary or appropriate directional signs, markers
and lines of the Driveway;
(iv) Operate, keep in good repair and replace, where necessary, such artificial
lighting facilities as shall be reasonably required for adequate lighting of the
Driveway;
(v) Maintain all landscaped areas adjacent to the Driveway in a thriving and
trimmed, condition and making such replacements of shrubs and other
landscaping as is necessary.
(h) If the Owner of the Shopping Center Parcel or the Owner of the Restaurant Parcel
fail to carry out its obligations with respoct to the maintenance of the Common
Access Area and the Driveway referenced herein, and such failure shall continue for
a period of thirty (30) days for non -emergency matters after written notice thereof,
a the other Owner shall have the right, but not the obis ation, to mahgai.n and re it
_ y .. �,.. .....�.................... �
; • � the Common Access Area or the Driveway and invoice rziOw(o , r f�wsicrs�
�� .._
emergency, any Owner may iram fi iW y mamtatn
and repair the Common Access Area or Driveway after reasonable efforts to notify
the other Owner. Each Owner shall reimburse the other Owner for such costs within
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thirty (30) days from the date of such invoice. If the one Owner fails to reimburse
the other Owner within such thirty (30) clay period, the Owner may, at its discretion, 00
glace a lien for unpaid costs, with interest at an annual rate of fifteen percent (15%),
upon the title to the parcel 'of the nonpaying Owner by recording a lien claim and
notice, which lien may be foreclosed judicially or non judicially; at the discretion of
the Owner, in accordance with applicable foreclosure law,
5. Rwonfimation of Qqmmon AV&ss Area, The Owner of the Restaurant Parcel shall not
modify, move change or reconfigure the Common Access Area or any of the improvements thereon as
shown on the Plat without first obtaining the prior written consent of the Owner of the Shopping
Center Parcel,
6, Not_ a Public_De ' ti n. Nothing contained herein shall be deemed to be a gift or
dedication of any portion of the Property to the general public or for the general public or for any
public purposes whatsoever, it being the intention of Declarant that this Declaration be strictly limited
to and for the purposes herein expressed, The right of the public or any person to make any use
whatsoever of the Common Access Area, or any portion thereof (other than any use expressly allowed
by a written or recorded map, agreement, deed or dedication) is by permission, and subject to the
control of the Parcel Owners. Notwithstanding any other provisions herein to the contrary, the Owners
of the Parcels affected hereby may periodically restrict ingress and egress from the Common Access
Area in order to prevent a prescriptive easement from arising by reason of continued public use. Any
restriction- on ingress and egress ,shall be limited to the minimum period necessary to prevent the
creation of a prescriptive easement and shall occur at such time as to have a minimum effect on the
parties,
7. Insurance and indemnification
a. jademnification. Each Owner hereby agrees to indemnify, defend and save the
other Owner harmless from any and all liability, damage, expense, causes of
action, suits, claims or judgments arising from any injury to person or property
occurring on its own Parcel or arising out of the business conducted by that
Owner on its Parcel, except if caused by the act or neglect of the other Owner.
b. Insurance. Each Owner shall obtain and maintain commercial general liability
insurance affording protection to itself and the other Owner on its own Parcel,
naming the Owner as an "additional insured" under the policy, for a combined
bodily injury and property damage limit of liability of not less than Two Million
Dollars ($2,000,000) per occurrence, Three Million Dollars ($3,000,000)
aggregate, Such insurance may be a part of blanket liability coverage carried by
an Owner so long as such blanket policy does not reduce the limits or diminish
the coverage required herein,
c. Other Inr,�jranep Maggo. To the extent normally insurable under a Commercial
General Liability policy, the policies of insurance required by this Declaration
shall insure the performance of the Owner insured thereunder of the indemnity
agreement contained in this section, shall name the other Owner as an additional
Insured, except for claims that arise out of the other Owner's negligence or acts
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of omission, and shall contain the provision that the insurance company will -�
provide such additional insured with twenty (20) days advance written notice of
any cancellation or lapse, or the effective date of material reduction in the
amount or scope of coverage. Each Owner shall deliver to the other Owner a
certificate or statement from the Owner's insurance company that such insurance
Insures the performance by the Owner insured of the indemnity agreement
specified in this section and the existence of the insurance coverage to the limits
herein required. Each Owner shall promptly notify the other Owner of any
asserted claim with respect to which such party is or may be indemnified against
hereunder and shall deliver to such party copies of process and pleadings. All
insurance referenced in the in this section shall be with a carrier with a
current A.M, Best rating of A-VIII or better.
(a) covenants Rurming LNjlh.the j,and, This Declaration and all of the terms, covenants,
conditions, easements, restrictions and other provisions contained herein shall inure
to the benefit of, and be binding upon the Owners, tenants, guests, invitees and their
respective successors and assigns, and shall be "covenants running with the land".
(b) No Waiver. A delay in enforcing or a failure to enforce any breach or violation of
any restriction herein contained shall not be deemed to be a waiver or abandonment
of any such restriction, or a waiver of the right to enforce any subsequent breach or
violation of such restriction. The foregoing shall apply regardless of whether any
person affected hereby (or having the right to enforce these restrictions) had
knowledge of the breach or violation.
(c) Severability. If any one or more of the provisions of this Declaration or the
applicability of any such provision to a specific situation shall be held invalid or
unenforceable by a court of competent jurisdiction, the validity and enforceability of
all the provisions of this Declaration and all other applications of such provisions
shall not be affected thereby.
(d) C4p!lo- 3. Any captions contained in this Declaration are inserted as a matter of
convenience, and in no way define, limit, extend or describe the scope of this
Declaration, or the intent of any provision hereof. Whenever the context may
require, any pronouns used herein shall include the corresponding masculine,
feminine or neuter forms, and the singular form of nouns and pronouns shall include
the plural, and vice versa.
(e)-Ooverni_r g l•_.a. This Declaration shall be construed and enforced in accordance
with the laws of the State of Arkansas.
(fl Attome' F e . If any legal action or other proceeding is brought for the
enforcement of this Declaration, or because of an alleged dispute, breach, default, or
misrepresentation in connection with any of the provisions of this Declaration, the
6
successful or prevailing party or parties shall be entitled to recover reasonable
attomcys' fees and other costs incurred in that action or proceeding, in addition ton,
any other relief to which it or they may be entitled.
(g) AmertdmerktF. This Declaration may be modified only by a recorded document
executed by the Owners of the Parcels.
(h) Notiggs. All notices, demands, requests, consents, approvals, statements and other
instruments or comma tications required or permitted to be given hereunder shall be
in writing and shall be deemed to have been given when delivered, or when mailed
by first class certified mail (return receipt requested), postage prepaid, or a
respoetable overnight delivery service such as FedEx or UPS, at such address as
either Owner may designate.
(i) Force Majeurr, Each Owner shall be excused from performing any obligations or
undertakings provided in this Declaration for so long as the performance of such
obligations or undertakings is prevented or delayed or hindered by act of God,
weather of unusual severity, fire, earthquake, flood, explosion, action of the
elements, war (declared or undeclared), invasion, insurrection, riot, mob violence,
sabotage, malicious mischief, inability to procure or general shortage. of labor,
equlprnent, facilities, materials or supplies in the open market, failure of
transportation, strikes, lockouts, action of labor unions, condemnation, public
requisition, laws, order of government or civil defense authorities, or any other
cause, whether similar or dissimilar to the foregoing, not within the reasonable
control of the respective Owner if such Owner gives notice of such delay to the
other Owners within thirty (30) days of the occurrence of such event. However,
shortage of funds shall not be a cause excusing performance under this Section and
no payment obligation of an Owner t:mder this Declaration shall be subject to the
terms of this Section.
(j) Estonoel Certificatgs, The Owners agree that they will, at any time within thirty
(30) days following receipt of notice by another owner specifying that it is given
pursuant to this Section, execute, acknowledge and deliver to the requesting Owner
a statement certifying: (i) that this Declaration has not been amended, supplemented
or modified and is in full force and effect (or if there shall be any such amendments,
supplements or modifications, reference to stone to be made); and (ii) that to the best
of the signer's knowledge there are no defaults in the performance of any provisions
contained in this Declaration (or specifying each default of which the signer may
have knowledge). Any statement delivered pursuant to this Section may be relied
upon by any prospective transferee, mortgagee, contract purchaser or institutional
lender of the Owner requesting such statement ar by any prospective assignee of this
Declaration.
(k) Reme es. Any remedies are cumulative and shall be deemed additional to any and
all other remedies to which an Owner may be entitled in law or equity, and shall
include the right to restrain by injunction any violation or threatened violation by
any Owner of any of the terms, covenants or conditions of this Declaration and by
c\ 7
decree to Compel performance of any such terms, covenants or conditions; it being
agreed that the remedy at law for any breach of any such term, covenant or condition
(except those, if auy, requiring the payment of a ligtxldated sum) is not adequate. In
the event of a dispute hereunder, the prevailing Owner shall be entitled to recover its
reasonable out of pocket expenses from the non -prevailing Owner, Including,
without limitation, reasonable attorney's fees and all costs and expenses of
enforcement.
IN WITNESS WHEREOF, Declarant has executed this Declaration as of the day and year
written above.
145 ASSOCIATES, LTA., a
Florida limited paftership
By: 14 Realty Corp„ its General Partner
By: _
e: ! eph T. Wa sh
Title; Trustee
STATE OF DELAWARE,
COUNTY OF k j0.WCQ'- ig , SS.:
On this, the XYw day of January, 2005 before me, the undersigned officer, personally appeared
Joseph T. Walsh, who acknowledged himself to be the Trustee of 14 Realty Corp,, the general partner of
145 Associates, Ltd., a corporation, and that he, as such Trustee, being authorized so to do, executed the
foregoing instrument for the purposes therein contained, by signing the name of the corporation by
himself as such Trustee, and desired that the same might be recorded as such.
IN WITNESS WHEREOF, I hereunto set my hand.
Notary Public
FMNCI E 8xculi
Notary i'ubuo
My Comp!0101
a1 LVI= ApA iS, 2000
EXHIBIT "A"
LEGAL DESCRIPTION
PART OF LOT 1 AND PART OF TRACT "A" OF A.O.C. ADDITION TO THE CITY OF
LITTLE ROCK, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1, A.G.C. ADDITION TO THE CITY
OF LITTLE ROCK;
THENCE N 0105V W ALONG THE WEST LINE OF SAID LOT 1 FOR 134.77 FEET TO A
POINT ON THE PROPOSED SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 5
THE NHER CE S 830N
5YI4" E (S 85°28107" E DEED) ALONG SAID PROPOSED RIGHT OF WAY
LINE FOR 38.41;
THENCE N 87027'10" E (N 85050'37" E DEED) ALONG SAID PROPOSED RIGHT OF WAY
LINE A DISTANCE OF 60.35 FEET;
THENCE S 84058'01" E (S 86036-45" E DEED) ALONG SAID PROPOSED RIGHT OF WAY
LINE FOR 17.96 FEET (17.37' DEED);
THENCE S 01"01'2T' E ALONG EASTERLY LINE OF SAID LOT 1 FOR 134.36 FEET;
THENCE N 89040'00" E ALONG THE NORTHERLY LINE OF TRACT "A" FOR 150.00 FEET
TO A FOUND 1/2" REBAR;
THENCE N 00*58120" W FOR 14.9.87 FEET (150.00' PLAT);
THENCE N 89040'00" E ALONG THE NORTH LINE OF TRACT "A" FOR 73.00 FEET TO A
POINT -ON A'CURVE TO THE LEFT HAVING A RADIUS OF 75,00 FEET;
THENCE 61.17 FEET ALONG THE ARC OF SAID CURVE AND HAVING A CHORD
BEARING AND A DISTANCE OF.S 22"23'24" W FOR 59.49 FEET TO A FOUND 112"
REBAR;
THENCE S 00°58'29" E FOR 95.00 FEET TO A FOUND 1/2" REBAR;
THENCE N 89040' E ALONG THE NORTHERLY LINE OF TRACT "A" FOR 41.66 FEET;
THENCE N 87052' E FOR 305.26 FEET TO A FOUND 1/2" REBAR;
THENCE N 02°49' W FOR 150.00 FEET;
THENCE N 87052' E ALONG THE NORTHERLY LINE OF TRACT "A" FOR 226.60 FEET;
THENCE S 35036'02" E FOR 225.15 FEET (S 35°20'30" E 226.4' PLAT) TO A FOUND 1/2"
REBAR;
THENCE S 05023'24" W (S 05022' W PLAT) ALONG THE EASTERLY LINE OF TRACT "A"
FOR 909.06 FEET TO A FOUND RAILROAD SPIKE;
THENCE N 84°41'42" W (N 84°38' W PLAT) ALONG THE SOUTHERLY LINE OF TRACT
"A" FOR 240.00 FEET TO A FOUND 1.12" REBAR;
THENCE S 05003'28" W (S 05°22' W PLAT) FOR 57.80 FEET (57,70' PLAT) TO A FOUND
1/2" REBAR;
THENCE N 63"08'56" W (N 63009'30" W PLAT) ALONG THE SOUTHERLY LINE OF
TRACT "A" FOR 741.99 FEET (741.90' PLAT) TO A FOUND 1 1/2" PIPE; THENCE N 01050'
W ALONG THE WESTERLY LINE OF TRACT "A" FOR 620.30 FEET TO THE POINT OF
BEGINNING, CONTAINING 859,927 SQUARE FEET OR 19.741 ACRES, MORE OR LESS
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Carney, Dana
From:
Ryan Peterson <ryanpeterson@wafflehouse.com>
Sent:
Monday, August 11, 2014 4:30 PM
To:
Carney, Dana; Spillman, Darren
Cc:
'Richard Voigt'
Subject:
RE: Waffle House 4200 S University
Attachments:
University_existing survey.pdf; 0900_001.pdf
Dana,
For the city's records, attached is the Declaration of Easements, Covenants and Restrictions that grants our
parcel rights of access and parking over the old Kmart property. I have also included an ALTA survey of the
overall properties if the city would like to confirm the legal descriptions. These documents were not submitted
during the building permit process as they were not requested by the city nor were our access rights contested
prior to the issuance of our site plan approval and building permit.
I am fine keeping this a private matter between the parties and will reach out to Mr. DeMaz and supply him
with this recorded document. However, if the city is going to deny our access rights as Tracy's earlier email
stated then we will need to take up the matter with the city as well.
Please review the attached documents and confirm that we will be allowed to continue with our development
plans showing the rear access as was approved by the city.
Thank you,
Ryan Peterson
V.P. , Waffle House, Inc.
Real Estate Representative
5986 Financial Drive
Norcross, GA 30071
(c) 7o6z07.6401
From: Carney, Dana [mailto:DCarney littlerock.or
Sent: Monday, August 11, 2014 11:56 AM
To: Ryan Peterson; Spillman, Darren
Cc: Janice Island
Subject: RE: Waffle House 4200 S University
I suggest you speak with Mr. DeMaz. He informed us that there was no access easement. The documents submitted with
your building permit application do not indicate an access easement. If there is access allowed under the provisions of a
bill of assurance or declaration of easements that is not supported by the Plat, the parties need to reach an
understanding. It is not a City issue, rather a private matter between the two parties. From our standpoint, we cannot
otherwise approved a driveway form the Waffle House site onto someone else's property.
Dana Carney, Zoning and Subdivision Manager
City of Little Rock
Department of Planning and Development
723 W. Markham St.
Little Rock, AR 72201
...... ........ ....... ....................... -....... ............................ .
From: Ryan Peterson [males rya.0peterson w�#i3e et arii]
Sent: Monday, August 11, 2014 10:26 AM
To: Spillman, Darren
Cc: Carney, Dana; Janice Island
Subject: RE: Waffle House 4200 S University
Darren,
I believe the information you have been given is in error. Per the Declaration of Easements, Covenants, and
Restrictions recorded on February 7, 2005 in the Official Records of Pulaski County as document 2005011333
we have the "right of ingress, egress and parking for pedestrians and vehicular traffic" over the shopping center
property. Further, the existing access between the shopping center and our parcel has been open and obvious
even before the date the Declaration was recorded. If the city or Mr. DeMaz would like to discuss this further
then please contact me and I will set up a time to discuss with my in-house counsel.
Thank you,
Ryan Peterson
V.P. , Waffle House, Inc.
Real Estate Representative
5986 Financial Drive
Norcross, GA 30071
(c) 7o6.207.6401
From: Spillman, Darren Irnailto:dspillman@iittlerock.omI
Sent: Friday, August 8, 2014 5:39 PM
To: 'ryanpeterson@wafflehouse.com'
Cc: Carney, Dana
Subject: Waffle House 4200 S University
Mr. Peterson,
This afternoon the City of Little Rock's Planning Department was made aware that the driveway leading from your
project (Waffle House 4200 S University) west to the Mosaic Church property will not permitted. Contact Mark DeMaz
(501) 912-2306 regarding acquiring an access easement.
If I can answer any further questions please let me know.
Regards,
D. Tracy Spillman, RLA
Plans and Development Administrator
City of Little Rock - Department of Planning and Development
723 W. Markham
Little Rock, AR 72701
501.371.4864
Carney, Dana
From:
Ryan Peterson <ryanpeterson@wafflehouse.com>
Sent:
Tuesday, August 12, 2014 9:28 AM
To:
Carney, Dana; Spillman, Darren
Cc:
'Richard Voigt'
Subject:
RE: Waffle House 4200 S University
Attachments:
University_ALTA_5-27-14.pdf
Dana,
The survey was only sent to assist with understanding the legal description contained in the Declaration. The
easement described in the recorded document is blanket in nature and therefore not an easement that can be
platted. Per the Exhibit A of the Declaration our property is part of the defined "Shopping Center Parcel",
along with the old Kmart property, as it was under common ownership at the time of the document. Paragraph
2(a) establishes the blanket easement rights of access and parking over the areas defined in Paragraph 1(a).
For further evidence I have now attached a copy of our ALTA survey dated 5/27/14. The notes found at the
top -center portion of our ALTA pertain to the Schedule B of our title insurance commitment. The surveyor
clearly states that Recorded Instrument No. 2005011333 listed as item (m), which is the Declaration of
Easements, Covenants and Restrictions I provided in an earlier email, does apply to our property.
I know of no other way to more clearly show you that we do indeed have the right to continue the inter -parcel
access at the rear of our property. If you insist on continuing to deny us the legal right of access granted by this
recorded document then please forward the matter to your city attorney so we can reach a resolution of this
issue..
Ryan Peterson
V.P. , Waffle House, Inc.
Real Estate Representative
5986 Financial Drive
Norcross, GA 30071
(c) 7o6.207.6401
From: Carney, Dana [mailto:DCarney@littlerock.org]
Sent: Monday, August 11, 2014 5:46 PM
To: Ryan Peterson; Spillman, Darren
Cc: 'Richard Voigt'
Subject: RE: Waffle House 4200 S University
Based on what you have sent, I do not see an access easement on the west side of the proposed Waffle House tract onto
Mosaic's property. The access easement is located along the east side of the plat, parallel to S. University, to a point
north of the "Hollywood Video" property (as you have noted in red) The declaration of easements appears to be
between the Shopping center parcel and the restaurant that was being separated out of it. I again encourage you to get
with Mr. DeMaz. Until it is resolved, we cannot approve the access onto the Church's property form Waffle House
........................ .. ... M .
From: Ryan Peterson [mailtQ;ryanpetersan wafflehp. ,com,]
Sent: Monday, August 11, 2014 4:30 PM
To: Carney, Dana; Spillman, Darren
Cc: 'Richard Voigt'
Subject: RE: Waffle House 4200 S University
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