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HomeMy WebLinkAboutS-1507-A ApplicationCity of Little.Rock Planning and Development Filing Fees Date: lip > 20 0(, Annexa ion Board of Adjustment Cond. Use Permit/T.U.P. Final Plat Planned Unit Dev. Preliminary Plat Special Use Perm Rezoning Site Plans Street Name Change Street Name Signs Number at ea. Public Dearing Signs Number at ea. Total F;IP _Mn R CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME MORGAN ADDITION LOT 1 IN COUNTY 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 and a punch list has been prepared and sent. Engineering Specialist Date: ADDRESSING SPECIALIST'S REPORT a � wej the tat anji find that the street names and street configuration are acceptable. Addressing Specialist Date:44/ TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: All streetlight installation, stopping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. Work orders have been prepared for signage. Indicate the number of street signs ordered for this plat for billing to developer: Certain improvements remain uncompleted and a punch list has been prepared and sent. Traffic Engineer Date: CIVIL 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. — h 2 ypt mf k "G Financial assurance for the uncompleted improvements listed above has been received. Or 5-r- V'-T X— All other requirements for final plat approval have been satisfied. lrh5 GkA-j-rC#) PY Civil Engineer 1/11 Date: Illyk SURVEYOR'S REPORT I have reviewed the plat and find that: Date: MANAGER APPROVAL All Civil Engineering requiranents for filing this final plat have been satisfied. Date: 1 1 g v(o Design Review Engineer/Civil Engineering Manager July 2005 City )f Lithe Rock _ CM1 Engineering Division �r ,a Deportment of itri $sS carh�ar•n `ffF' Public Works Roc€C, Arkarascas 7���3-� i��Fax 371-4460 Via I:tnrtil frtllowetl lit' Regular M(tiling January 18.2006 lr-. Pat McGetrick. P.l;- McCic;trick and McGeiric l:mji-tiers 10 Otter Creel;. Court. t. Ste A Little Rock, Arkansas 72210 Ike: Boundary Street Impro ernersis vlor aan Addition. Lot 1 I ) ea r Mr. k"Ict.ietrick_ l,iitle Rock Public Works has ree ieWCd'•c ur rcquesi cat dig t`erraal 01' h0anaa.iaary street improvements cant IIzgh�� a 10 required 1-car Ima l platting, Morgan Addition. lot 1 in 1_.itde Rock_ Arkansas. As you are awaaa-c, slal'CaLreed tta ,accept an in -lieu puyincrit liar sircet impro eriu,-nis but since this propert, is not in tlac city limits ol`l.ittle Rock. Arkansas haat lies in Pulaski Comity. ;an fat -lieu payment tier street improvenaenis cannot he accepted by the City. Fher€:isrrc. thaw Section 1-301_ requiring developers to provide €one-half of'the required ,Master Street PIata improvements Isar I ilghwa� It), he dciet•red for a period of'two ("_') Lc ars car arnt'I 'vlor�;an Addition. lent ' dcv lops or aadjjaeent properly to the Aest develops. v�hlchevcr occurs first. The spccific detirr;:al is for those principal aricriaal imprcrvenitenls including Vx1der1i110, curb and -tatter. and side�,Nalk bale>nw,) the entire frontaaoc cai this property.. li you have ally questions or desire Iatrther inflormation. please do not hesitate to contiacl nae bN einaail at y for ani ri.litticrock_orro or h� phone al "'71-4$17, Sincerely. Vince I' lori;ani, P.1- Desif n Reviev i:raj7irater Donna James_ SuhcliVisicari ManaUer - MOvin I fall, Fngiaaeering Specialist This instrument prepared by: HAL JOSEPH KEMP, P.A. Attorney at Law 111 Center Street, Suite 1300 Little Rock, Arkansas 72201 Phone - (501) 372-7243 01/20/2006 10:53:19 AN j4—U l3 Filed & Recorded in Official Records of RAT O' BRIEF# PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $50.00 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE (Lot 1, Morgan Addition) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Lasater Family Limited Partnership, an Arkansas limited partnership, acting by and through its duly authorized and empowered General Partner, David M. Lasater, hereinafter referred to as the "Allottor", is the owner of the following described land in the County of Pulaski, State of Arkansas, to -wit: platted. PART OF THE NORTH '/z OF SECTION 16, T-2-N, R-14-W, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE NE CORNER OF SAID SECTION 16; THENCE N 88011'36" W ALONG THE NORTH LINE OF SAID SECTION 16 3002.89'; THENCE S 01°56'36" E 366.07'; THENCE N 88009'39" W 255.04'; TO THE POINT OF BEGINNING THENCE S 01048'24" W 400.30'; THENCE N 60°16'36" W 158.44'; THENCE N 01048'24" E 326.20'; THENCE S 88°09'39" E 140.00' TO THE POINT OF BEGINNING, CONTAINING 1.167 ACRES, MORE OR LESS. AND WHEREAS, it is desirable that all of the above described property be NOW THEREFORE, WYTNESSETH: -1- FINAL Z:\Lisa's Docurnents\HOME'Msc. Contracts\Lasater.BOA.Lot 1 Morgan Addition. doc DECLARATION That the said Allottor, for and in consideration of the benefits to accrue to it and its successors and assigns, which benefits it acknowledges to be of value, has caused the land hereinabove described to be surveyed and a plat (hereinafter referred to as the "Plat") made thereof by Robert C. Lowe, Jr., a Professional Land Surveyor, License Number 12, and Patrick M. McGetrick, a Professional Engineer, License Number 4566, said Plat bearing the signature of the said Surveyor and Engineer and being of record in the oMc f the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, in Plat and the Allottor does hereby make this Declaration of Restrictive Covenants and Bill of Assurance. IN FURTHERANCE THEREOF; Allottor warrants and represents that it has laid off, platted and subdivided, and does hereby lay off, plat and subdivide the land herein described, in accordance with the aforesaid Plat. The land embraced in said Plat shall be forever known as: Lot 1, Morgan Addition, Pulaski County, Arkansas, as shown on the Plat; and any and every deed of conveyance of any lot or tract in said Addition describing the same by the lot number shown on said Plat shall always be deemed a sufficient description thereof. Furthermore any word contained herein shall be read as the singular or the plural and as the masculine, feminine or neuter gender as may be applicable in the particular context. Furthermore the following words shall have the meanings attributed to them below: (i) "Lot" means the plot of land shown, identified and platted by and depicted on the Plat as a lot. (iv) "Owner" means the record title holder, whether one or more, persons or entities (including the Allottor, while Allottor remains vested with fee simple title to the Lot), of fee simple title to the Lot, but excluding any person or entity merely holding a lien on or security interest in the Lot. There are strips of ground shown and dimensioned on said Plat marked as "Drainage Easement" or some variation thereof, which Allottor hereby donates and reserves for the use of and by the Allottor, the Owner, any municipal corporation or other governmental or public agency, including public utilities, utility departments and providers in the provision of utilities to the Lot and to any lands now owned or hereafter -2- F1NAL CADocuments and SettingsEisa\Local SettingsUemporary Internet Files\Content,IE5\OHYBOX6F\LasaterFLP.BAvl.doc DECLARATION acquired by the Allottor and for drainage purposes, subject at all times to the proper authorities and to the easements and restrictive covenants herein reserved. The Owner of the Lot, and all persons, natural and artificial, claiming an interest in the Lot, shall take their titles subject to the grants, rights, easements, privileges and reservations herein contained, including but not limited to, the rights of the public and public utilities in and to the easements shown on the Plat. The Lot in this Addition shall be sold or conveyed by the Allottor and shall be purchased, acquired, owned, possessed, held and occupied subject to the covenants, restrictions and provisions set forth above and as follows, each of which and all of which shall be covenants running with the said lands above described, and shall be binding upon any Owner and their respective heirs, successors and assigns, in order to maintain the lands above described as desirable property, to -wit: ARTICLE I LAND USE The Lot shown on the Plat shall be held, owned and used only for those uses and purposes prescribed by the zoning classification applicable to the Lot from time to time pursuant to the Code Ordinances for the City of Little Rock (the, "Code") in effect from time to time, unless otherwise shown on the Plat. No buildings, structures or other improvements shall be erected, placed, altered, reerected or permitted to remain on or upon the Lot other than in conformity with the applicable provisions of the Code and the provisions hereof, including in particular but not limited to the Design Standards as prescribed in Article H below. ARTICLE II ARCHITECTURAL CONTROL (a) Purpose. The Allottor is desirous of providing and maintaining harmony of external design and location in relation to the Allottor's adjoining property and, for this purpose, herein imposes the following restrictions, duties, obligations and responsibilities as hereinafter set forth. (b) Design Standards. It is the intention of the Allottor that the Lot be developed and maintained in a manner to enhance both the Lot and the Allottor's -3- FINAL CADocuments and SettingsU,isaEocal Settings\Temporary Internet Files\Content.IE5\OHYBOX6F\LasaterFLP.BA vl.doc DECLARATION adjoining properties. In furtherance of and in keeping with that purpose, the Allottor has promulgated DESIGN STANDARDS (herein referred to as the "Design Standards", the same being incorporated herein by this reference), which depict the standards with respect to size, area, style (including a requirement that all roofs be sloping), height of building, lighting, irrigation, exterior color, types of building material, landscaping, and other similar and related matters and standards to which any proposed construction on the Lot must conform. The Design Standards as may be promulgated and amended from time to time by the Allottor, in its discretion, shall be available for inspection at the offices of the Allottor or such other location as is directed by the Allottor from time to time. (c) Requirements Before Construction. Prior to commencement of any proposed construction of a building, structure or other improvement upon the Lot or part thereof, the Owner of the Lot shall submit to the Allottor the following documentation with respect to any proposed construction, collectively referred to as the "Plans and Specifications", which said Plans and Specifications shall be prepared in conformity with the Design Standards then in effect, to -wit: (i) Plot or Site Plan accurately depicted the location of the proposed building, structure and improvements on the Lot in relation to the boundaries of the Lot, (ii) The complete Building Plans, including detailed Floor Plans, of the proposed building, structure or other improvement, (iii) Front, rear, right and left elevations of the proposed building, structure or other improvement, (iv) General Plan of Landscaping, (v) Specifications reflecting the choice of exterior building materials and color scheme of the proposed building, structure or other improvement, (vi) Such other documentation and plans as the Allottor may request. No proposed construction shall be commenced and no building, structure or other improvements shall be erected, placed, altered, reerected or permitted to remain on or upon the Lot until the Plans and Specifications have been approved in writing by the Allottor or are deemed approved by the Allottor has prescribed below. -4- FINAL CADocuments and Settings\LisaEocal Settings\Temporary Internet Files\ContenLlE5\OHYBOX6F\LasaterFLP.BA.vl.doc DECLARATION (d) For purposes hereof, the term "proposed construction" shall include, but shall not be limited to, new construction or reconstruction of a building, structure or other improvement (including but not limited to, parking lots and driveways, sidewalks, exterior lighting, walls and fences), remodeling, adding to, repainting or modifying an existing building, structure or other improvement, including but not limited to, parking lots, installation of a fence or wall, the construction, remodeling, repainting or reconstruction of outbuildings or other accessory structures and installation of any exterior lighting or signage. The Allottor shall review the documentation submitted. All documentation delivered to the Allottor shall become the property of the Allottor and shall be retained as a permanent record. The Allottor shall have 30 days from and after receipt of all of the required documentation, which receipt shall be in writing acknowledged by the Allottor, to approve or disapprove any aspect of the proposed construction as depicted in the Plans and Specifications. The Allottor shall not be liable in damage to any person submitting requests for approval or to any Owner of the Lot by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove, with regard to any request hereunder. Any disapproval shall be in writing and shall specify in detail the basis for such disapproval and, as appropriate, modifications which, if made, will render the proposed construction as depicted in the Plans and Specifications acceptable. In the event that the Allottor neither approves nor disapproves the proposed construction as depicted in the Plans and Specifications within 30 days of receipt of the hereinbefore described documentation, the proposed construction as depicted in the Plans and Specifications shall be deemed to be acceptable and this provision of this Declaration shall be deemed fully complied with and the construction may be commenced. Notwithstanding anything to the contrary herein contained, no proposed construction of any type or variety shall be commenced on any Lot- and no building, structure or other improvements shall be erected, placed, altered, reerected or permitted to remain on or upon the Lot until the Plans and Specifications have been approved in writing by the Allottor or deemed approved by the Allottor. Construction of any proposed construction approved by the Allottor or deemed approved. by the Allottor shall, once commenced, be prosecuted diligently to completion no later than eighteen (18) months after commencement. (e) Compliance. Each Owner of the Lot covenants, as a covenant running with the land, and agrees to comply with the Design Standards in connection with any proposed construction and no building, structure or other improvement shall be erected, placed, altered, reerected or permitted to remain on or upon the Lot except if such building, structure or other improvement is constructed, maintained and repaired in conformity with: (i) the Plans and Specifications as approved by the Allottor or deemed approved and (ii) the provisions of this Declaration. -S- FINAL C:\Documents and Settings\Lisa\Local Settings\Temporary Intemet Files\Content.IE5\OHYBOX6F\LasaterFLP,BAvl.doc DECLARATION . ARTICLE III BUILDING LOCATION No building shall be located, constructed, erected, placed, altered, reerected or permitted to remain on or upon the Lot nearer to the front lot line, rear lot line and side lot lines than the minimum building setback lines shown on the Plat, without the written consent of the Allottor, which consent may be withheld in the Allottor's sole discretion. For the purposes of this paragraph, balconies, open steps 'and open porches shall not be considered as a part of the building. ARTICLE IV LOT SUBDIVISION The Lot shall not be subdivided or resubdivided or replatted without the written consent of the Allottor, which consent may be withheld in the Allottor's sole discretion. ARTICLE V EASEMENTS Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage are hereby granted to and reserved for the use of the persons, firms or entities engaged in supplying utility services, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, cable, water and sewer, for the purpose of installing, maintaining, repairing and replacing such utility services on, over, under and across the Lot, said easements being of various widths, reference being hereby made to the Plat filed herewith for a more specific description of width and location thereof. ARTICLE VI UTILITIES The Owner of the Lot shall install and maintain, in conformity with applicable code requirements and the Design Standards in effect from time to time, ground utility services, including, if available, electrical, water, cable and telephone service between the point of delivery of such utility service as located by the utility company and the point of use of such Owner. An individual sewerage disposal system shall be permitted to be constructed or operated on the Lot. No television dish, antennae or similar equipment shall be installed on the Lot without the prior written consent of the Allottor. -6- FINAL C:\Documents and Settings\Lisa\Local SettingsUemporary Internet Fi1es\Content.IE5\0HYB0X6F\LasaterFLP.BA.v1. doe DECLARATION ARTICLE VII NUISANCES No noxious or offensive activity shall be carried on upon the Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the owner of the Lot. Owner further agrees to keep the Lot free from trash, debris, and overgrown vegetation. If such does accumulate and Owner does not promptly remove such upon notification by Allottor, the Allottor shall have the right to perform such cleanup work as is necessary and Owner shall reimburse Allottor for the cost thereof. ARTICLE VIII PARKING AND STORAGE OF MOTOR HOMES, ETC. No motor homes, camper trailers, travel trailers, buses, utility trailers or boats and boat trailers shall be permitted to be parked, stored or remain upon the Lot, unless same is parked or stored and remains in a fully enclosed building. ARTICLE IX EXTERIOR MAINTENANCE All buildings, structures and other improvements constructed, erected and reerected on the Lot and all yards and Iandscaping thereon shall be maintained in a good state of repair, neat and attractive manner by the Owner thereof. The Owner's maintenance obligations shall include, but not be limited to, prompt removal of all litter, trash, refuse and waste, lawn mowing, tree and shrub pruning, watering, keeping exterior lighting and mechanical facilities in working order, keeping lawn and landscaped areas (including all areas between the lot lines and the curb line of Arkansas State Highway 10) alive and free of weeds and attractive, keeping parking areas and driveways in good repair, complying with all applicable governmental rules and regulations, repainting, and repairing exterior damages. ARTICLE X PROPERTY LINES AND BOUNDARIES Iron pins have been set on all lot corners and points of curve, and all lot dimensions shown on curves are chord distances, and all curve data as shown on the Plat are centerline curve data. In the event of minor discrepancies between the dimensions or distances as shown on the Plat and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. -7- FINAL C 00cuments and Settings\Lisa\Local Settings\Temporary Internet Files\Content.IE5\OHYBOY6F\LasaterFLP.BA,vl.doc DECLARATION ARTICLE XI ADDITIONAL PROPERTY (a) If Allottor owns or acquires additional lands, which the Allottor desires in its sole discretion to develop in a fashion generally consistent with the development of the hereinbefore described lands, hereinafter referred to as the "Additional Lands"; then the Allottor, in its sole discretion, shall have to right, but not the obligation, to annex said Additional Lands to this Addition and cause the same to be governed by covenants similar to the covenants herein set forth. (b) Annexation to the Addition of the Additional Lands by the Allottor, from time to time, may be made by filing of record a Declaration of Restrictive Covenants and Bill of Assurance adding and annexing the Additional Lands therein described to the Addition by simply stating that said Additional Lands as therein described are platted as part of the Addition and are subject thereby to covenants similar to the covenants herein set forth and to the extent thereof. (c) UNDER NO CIRCUMSTANCES shall this Declaration of Restrictive Covenants and Bill of Assurance or any subsequent annexation or addition to this Addition bind or require the Allottor to make any annexation or addition to this Addition or to adhere to any development plan, regardless of how that development plan is published or presented, in any subsequent development of any lands now owned or hereafter acquired by the Allottor. Nor shall the Allottor be precluded from conveying any lands it now owns or hereafter acquires, not expressly made subject to the terms and provisions hereof, free and clear of not only the terms, provisions and covenants herein contained but any similar covenants or restrictions. (d) Except as herein allowed, there shall be no other annexation or addition of lands into the Addition without the prior written consent of the Allottor. ARTICLE XII RIGHT TO ENFORCE The restrictions, covenants and provisions herein set forth shall run with the Lot and shall bind the present owner, their heirs, successors and assigns and any person, natural or artificial, hereinafter owning the Lot. After conveyance of the Lot, Allottor shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to -8- FINAL CADocuments and Settings\Lisa\Local Settings\Temporary Internet Files\Content.IE5\OHYBOX6F\LasaterFLP,BA.vl.doc DECLARATION prevent the breach or to enforce the observance of, the restrictions herein set forth, in addition to any ordinary legal action for damages. The failure of Allottor to enforce any of the restrictions hereby set forth at the time of its violation, shall, in no event, be deemed to be a waiver of the right to do so thereafter. ARTICLE XIII MODIFICATION OF DECLARATION Notwithstanding any provision, restriction or covenant herein contained to the contrary, the Owner of the Lot may by a written instrument amend, modify, extend, change or cancel, in whole or in part, any and all of the terms, conditions, covenants, provisions and restrictions hereof, PROVIDED, HOWEVER, any such amendment, modification, extension, change or cancellation, in order to be effective and enforceable, must be approved and consented to in writing by Allottor, such approval to be in the sole discretion of the Allottor; otherwise the attempted amendment, modification, change or cancellation shall be ineffective and unenforceable. The provisions of any such instrument so executed shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. Each term, condition, covenant, restriction and provision in this Bill of Assurance, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2040. ARTICLE XIV ASSIGNMENT AND BINDING EFFECT Allottor expressly reserves the right to assign in writing the Allottor's rights and obligations hereunder to another person, natural or artificial; provided, however, such other person shall only succeed to the rights and obligations of the Allottor upon recordation of such an assignment executed by the Allottor which expressly and specifically assigns the Allottor's rights and obligations hereunder and a conveyance of the Lot will not be deemed such an assignment to the purchaser thereof. ARTICLE XV EXTENSION All covenants for which extension is not otherwise provided in this instrument shall automatically be extended for successive periods of ten (10) years each, unless modified, terminated or canceled as provided herein. -9- F1NAL CADocuments and Settings\Lisa\I.ocal SettingsUemporary Internet Files\Content.IE5\OHYBOX6F\LasaterFLP.BA.vl.doc DECLARATION ARTICLE XVI SEPARABILITY Invalidation of any restriction set forth herein, or any part thereof by an Order, Judgment or Decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions, or any part thereof as set forth herein, but they shall remain in full force and effect. EXECUTED this igr� day of . 6,"t-v . 2006. Lasater Family Limited Partnership, an Arkansas limited partnership, by and Through its duly authorized and empowered General Partner BY: � Gar• David M. La !t , eneral Partner ReWeviad Only for 0cJL;sion of minimum standards requ Bill of Ass C"y of U69 Rcck sandivisirn rerulatiora. aay ocG provisicrls estblishad by ;,�: dQvei��lr clay ex��� u:a+i LiUCL 4of =Roc.k ing crdinc;rco jr, of !ho �mmission x� N e QRP�]c� umbz'�z Z�oo�-64-6 1 jai No. H-(6063 -10- FINAL CADocuments and Settings\Lisa\Local Settings\Temporary IntemetFiles\Content.IE5\OfMOX6F\LasaterFLP.BA.vl.doc DECLARATION ACKNOWLEDGMENT STATE OF ARKANSAS ) §§ COUNTY OF PULASKI ) On this ', day of-., 2006, before me a Notary Public, duly commissioned, qualified and acting, within and for the County and State aforesaid, appeared in person the within named AVIDS to me personally well known, who stated that he was the General Partner of the Lasater Family Limited Partnership, an Arkansas limited partnership, and was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of the said limited partnership, and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WIEREOF, I have hereunto set my hand and seal on this IV day of 2006. Not li " ub c My Commission Expires: IE'TOnO Ann Southall (E- } Perk ck, Akanaas 27 USA ty: Pulaski ete;gp1_80, Z005 pt. 30, 2015 -11- FINAL CADocuments and Settings\Lisa\Local SettingsUemporary Internet Files\Content.IE5\OHYBOY6F\LasaterFLP.BA.vl.doc 01111V2006 74.12:491IN Filed a Recorded ili Official Records of PAT 01PRIEN PULASKI COUNTY CIRCUIT/COUNTY CLERI: Fees $510. 0 This instrument prepared by: HAL JOSEPH KENIP, P.A. Attorney at Law 111 Center Street, Suite 1300 Little Rock, Arkansas 72201 Phone - (501) 372-7243 DECLARATION OF RESTRICTIVE COVENANTS AND BILL OF ASSURANCE (Lot 1, Morgan Addition) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Lasater Family Limited Partnership, an Arkansas limited partnership, acting by and through its duly authorized and empowered General Partner, David M. Lasater, hereinafter referred to as the "Allottortt, is the owner of the following described land in the County of Pulaski, State of Arkansas, to -wit: Part of the North '/2 of Section 16, T-2-N, R-14-W, Pulaski County, Arkansas, more particularly described as: Commencing at the NE corner of said Section 16; thence N 88'11'36" W, along the North line of said Section 16 3002.89'; thence S 01°57'03" E 366.07'; thence N 88°09'39" W 255.05' to the point of beginning, thence S 01°48'24" W 409.16% thence N 60°19'08" W 158.38'; thence N 01°48'24" E 335.20'; thence S 88009'39" E 140.00' to the point of beginning, containing 1.196 acres, more or less. AND WHEREAS, it is desirable that all of the above described property be platted_ THE NOW THEREFORE Q NO LL,, WITNESSETH: = ZZ f:,®= irs,:' - FINAL '�.,G'�7 AR 5�,.••`• +++rli111111���� C:\Documents and Settings\Lisa\Local SettingsUemporary Internet Files\Content.IE5\OHYBOX6F\LasaterFLP.BA.vI doc DECLARATION That the said Allottor, for and in consideration of the benefits to accrue to it and its successors and assigns, which benefits it acknowledges to be of value, has caused the land hereinabove described to be surveyed and a plat (hereinafter referred to as the "Plat") made thereof by Robert C. Lowe; Jr., a Professional Land Surveyor, License Number 12, and Patrick M. McGetrick, a Professional Engineer, License Number 4566, said Plat bearing the signature of the said Surveyor and Engineer and being of record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, in Plat and the Allottor does hereby make this Declaration of Restrictive Covenants and Bill of Assurance. IN FURTHERANCE THEREOF, Allottor warrants and represents that it has laid off, platted and subdivided, and does hereby lay off, plat and subdivide the land herein described, in accordance with the aforesaid Plat. The land embraced in said Plat shall be forever known as: Lot 1, Morgan Addition, Pulaski County, Arkansas, as shown on the Plat; and any and every deed of conveyance of any lot or tract in said Addition describing the same by the lot number shown on said Plat shall always be deemed a sufficient description thereof. Furthermore any word contained herein shall be read as the singular or the plural and as the masculine, feminine or neuter gender as may be applicable in the particular context. Furthermore the following words shall have the meanings attributed to them below: (i) "Lot" means the plot of land shown, identified and platted by and depicted on the Plat as a lot. (iv) "Owner" means the record title .holder, whether one or more, persons or entities (including the Allottor, while Allottor remains vested with fee simple title to the Lot), of fee simple title to the Lot, but excluding any person or entity merely holding a lien on or security interest in the Lot. There are strips of ground shown and dimensioned on said Plat marked as "Drainage Easement" or some variation thereof, which Allottor hereby donates and reserves for the use of and by the Allottor, the Owner, any municipal corporation or other governmental or public agency, including public utilities, utility departments and providers in the provision of utilities to the Lot and to any lands now owned or hereafter -2- FINAL CADocuments and Settings\Lisa\Local Settings\Temporary Internet Files\Content.IE5\OHYBOX6F\LasaterFLP.BA.v1.doe DECLARATION acquired by the Allottor and for drainage purposes, subject at all times to the proper authorities and to the easements and restrictive covenants herein reserved. The Owner of the Lot, and all persons, natural and artificial, claiming an interest in the Lot, shall take their titles subject to the grants, rights, easements, privileges and reservations herein contained, including but not limited to, the rights of the public and public utilities in and to the easements shown on the Plat. The Lot in this Addition shall be sold or conveyed by the Allottor and shall be purchased, acquired, owned, possessed, held and occupied subject to the covenants, restrictions and provisions set forth above and as follows, each of which and all of which shall be covenants running with the said lands above described, and shall be binding upon any Owner and their respective heirs, successors and assigns, in order to maintain the lands above described as desirable property, to -wit: ARTICLE I LAND USE The Lot shown on the Plat shall be held, owned and used only for those uses and purposes prescribed by the zoning classification applicable to the Lot from time to time pursuant to the Code Ordinances for the City of Little Rock (the, "Code") in effect from time to time, unless otherwise shown on the Plat. No buildings, structures or other improvements shall be erected, placed, altered, reerected or permitted to remain on or upon the Lot other than in conformity with the applicable provisions of the Code and the provisions hereof, including in particular but not limited to the Design Standards as prescribed in Article II below. ARTICLE II ARCHITECTURAL CONTROL (a) Purpose. The Allottor is desirous of providing and maintaining harmony of external design and location in relation to the Allottor's adjoining property and, for this purpose, herein imposes the following restrictions, duties, obligations and responsibilities as hereinafter set forth. (b) Design Standards. It is the intention of the Allottor that the Lot be developed and maintained in a manner to enhance both the Lot and the Allottor's -3 - FINAL CADocuments and Settings\LisaEocal Settings\Temporary Internet Files\Content.IE5\OHYBOX6F\LasaterFLP.BA vl.doc DECLARATION adjoining properties. In furtherance of and in keeping with that purpose, the Allottor has promulgated DESIGN STANDARDS (herein referred to as the "Design Standards", the same being incorporated herein by this reference), which depict the standards with respect to size, area, style (including a requirement that all roofs be sloping), height of building, lighting, irrigation, exterior color, types of building material, landscaping, and other similar and related matters and standards to which any proposed construction on the Lot must conform. The Design Standards as may be promulgated and amended from time to time by the Allottor, in its discretion, shall be available for inspection at the offices of the Allottor or such other location as is directed by the Allottor from time to time. (c) Requirements Before Construction. Prior to commencement of any proposed construction of a building, structure or other improvement upon the Lot or part thereof, the Owner of the Lot shall submit to the Allottor the following documentation with respect to any proposed construction, collectively referred to as the "Plans and Specifications", which said Plans and Specifications shall be prepared in conformity with the Design: Standards then in effect, to -wit: (i) Plot or Site Plan accurately depicted the location of the proposed building, structure and improvements on the Lot in relation to the boundaries of the Lot, (ii) The complete Building Plans, including detailed Floor Plans, of the proposed building, structure or other improvement, (iii) Front, rear, right and left elevations of the proposed building, structure or other improvement, (iv) General Plan of Landscaping, (v) Specifications reflecting the choice of exterior building materials and color scheme of the proposed building, structure or other improvement, (vi) Such other documentation and plans as the Allottor may request. No proposed construction shall be commenced and no building, structure or other improvements shall be erected, placed, altered, reerected or permitted to remain on or upon the Lot until the Plans and Specifications have been approved in writing by the Allottor or are deemed approved by the Allottor has prescribed below. -4- FINAL CADocutnents and Settings\Lisa\Local Settings\Temporary Internet Files\Content.M5\OHYBOX6F\LasaterFLP.BA.vl.doc DECLARATION (d) For purposes hereof, the term "proposed construction" shall include, but shall not be limited to, new construction or reconstruction of a building, structure or other improvement (including but not limited to, parking lots and driveways, sidewalks, exterior lighting, walls and fences), remodeling, adding to, repainting or modifying an existing building, structure or other improvement, including but not limited to, parking lots, installation of a fence or wall, the construction, remodeling, repainting or reconstruction of outbuildings or other accessory structures and installation of any exterior lighting or signage. The Allottor shall review the documentation submitted. All documentation delivered to the Allottor shall become the property of the Allottor and shall be retained as a permanent record. The Allottor shall have 30 days from and after receipt of all of the required documentation, which receipt shall be in writing acknowledged by the Allottor, to approve or disapprove any aspect of the proposed construction as depicted in the Plans and Specifications. The Allottor shall riot be liable in damage to any person submitting requests for approval or to any Owner of the Lot by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove, with regard to any request hereunder. Any disapproval shall be in writing and shall specify in detail the basis for such disapproval and, as appropriate, modifications which, if made, will render the proposed construction as depicted in the Plans and Specifications acceptable. In the event that the Allottor neither approves nor disapproves the proposed construction as depicted in the Plans and Specifications within 30 days of receipt of the hereinbefore described documentation, the proposed construction as depicted in the Plans and Specifications shall be deemed to be acceptable and this provision of this Declaration shall be deemed fully complied with and the construction may be commenced. Notwithstanding anything to the contrary herein contained, no proposed construction of any type or variety shall be commenced on any Lot and no building, structure or other improvements shall be erected, placed, altered, reerected or permitted to remain on or upon the Lot until the Plans and Specifications have been approved in writing by the Allottor or deemed approved by the Allottor. Construction of any proposed construction approved by the Allottor or deemed approved -by the Allottor shall, once commenced, be prosecuted diligently to completion no later than eighteen (18) months after commencement. (e) Compliance. Each Owner of the Lot covenants, as a covenant running with the land, and agrees to comply with the Design Standards in connection with any proposed construction and no building, structure or other improvement shall be erected, placed, altered, reerected or permitted to remain on or upon the Lot except if such building, structure or other improvement is constructed, maintained and repaired in conformity with: (i) the Plans and Specifications as approved by the Allottor or deemed approved and (ii) the provisions of this Declaration. -5- FINAL CADocuments and Settings\Lisa\Local Settinggs\Temporary Internet Files\Content.IE5\OHYBOX6F\LasaterFLP BA v1 doc DECLARATION . ARTICLE III BUILDING LOCATION No building shall be located, constructed, erected, placed, altered, reerected or permitted to remain on or upon the Lot nearer to the front lot line, rear lot line and side lot lines than the minimum building setback lines shown on the Plat, without the written consent of the Allottor, which consent may be withheld in the Allottor's sole discretion. For the purposes of this paragraph, balconies, open steps and open porches shall not be considered as a part of the building. ARTICLE IV LOT SUBDIVISION The Lot shall not be subdivided or resubdivided or replatted without the written consent of the Allottor, which consent may be withheld in the Allottor's sole discretion. ARTICLE V EASEMENTS Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage are hereby granted to and reserved for the use of the persons, firms or entities engaged in supplying utility services, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, cable, water and sewer, for the purpose of installing, maintaining, repairing and replacing such utility services on, over, under and across the Lot, said easements being of various widths, reference being hereby made to the Plat filed herewith for a more specific description of width and location thereof. ARTICLE VI UTILITIES The Owner of the Lot shall install and maintain, in conformity with applicable code requirements and the Design Standards in effect from time to time, ground utility services, including, if available, electrical, water, cable and telephone service between the point of delivery of such utility service as located by the utility company and the point of use of such Owner. An individual sewerage disposal system shall be permitted to be constructed or operated on the Lot. No television dish, antennae or similar equipment shall be installed on the Lot without the prior written consent of the Allottor. -6- F1NAL CADocuments and Settings\Lisa\Local Settings\Temporary Internet Files\Content,IE5\OHYBOX6F\LasaterFLP.BA.v I. doc DECLARATION ARTICLE VII NUISANCES No noxious or offensive activity shall be carried on upon the Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the owner of the Lot. Owner further agrees to keep the Lot free from trash, debris, and overgrown vegetation. If such does accumulate and Owner does not promptly remove such upon notification by Allottor, the Allottor shall have the right to perform such cleanup work as is necessary and Owner shall reimburse AlIottor for the cost thereof. ARTICLE VIII PARKING AND STORAGE OF MOTOR HOMES, ETC. No motor homes, camper trailers, travel trailers, buses, utility trailers or boats and boat trailers shall be permitted to be parked, stored or remain upon the Lot, unless same is parked or stored and remains in a fully enclosed building. ARTICLE IX EXTERIOR MAINTENANCE All buildings, structures and other improvements constructed, erected and reerected on the Lot and all yards and landscaping thereon shall be maintained in a good state of repair, neat and attractive manner by the Owner thereof. The Owner's maintenance obligations shall include, but not be limited to, prompt removal of all litter, trash, refuse and waste, Iawn mowing, tree and shrub pruning, watering, keeping exterior lighting and mechanical facilities in working order, keeping lawn and landscaped areas (including all areas between the lot lines and the curb line of Arkansas State Highway 10) alive and free of weeds and attractive, keeping parking areas and driveways in good repair, complying with all applicable governmental rules and regulations, repainting, and repairing exterior damages. ARTICLE X PROPERTY LINES AND BOUNDARIES Iron pins have been set on all lot corners and points of curve, and all lot dimensions shown on curves are chord distances, and all curve data as shown on the Plat are centerline curve data. In the event of minor discrepancies between the dimensions or distances as shown on the Plat and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. -7- FINAL CA\Docutnents and Settings\LisaEocal Settings\Temporary Internet Files\Content.IE5\OHYBOX6F\LasaterFLP.BA.vI-doc DECLARATION ARTICLE XI ADDITIONAL PROPERTY (a) If Allottor owns or acquires additional lands, which the Allottor desires in its sole discretion to develop in a fashion generally consistent with the development of the hereinbefore described lands, hereinafter referred to as the "Additional Lands"; then the Allottor, in its sole discretion, shall have to right, but not the obligation, to annex said Additional Lands to this Addition and cause the same to be governed by covenants similar to the covenants herein set forth. (b) Annexation to the Addition of the Additional Lands by the Allottor, from time to time, may be made by filing of record a Declaration of Restrictive Covenants and Bill of Assurance adding and annexing the Additional Lands therein described to the Addition by simply stating that said Additional Lands as therein described are platted as part of the Addition and are subject thereby to covenants similar to the covenants herein set forth and to the extent thereof. (c) UNDER NO CIRCUMSTANCES shall this Declaration of Restrictive Covenants and Bill of Assurance or any subsequent annexation or addition to this Addition bind or require the Allottor to make any annexation 'or addition to this Addition or to adhere to any development plan, regardless of how that development plan is published or presented, in any subsequent development of any lands now owned or hereafter acquired by the Allottor. Nor shall the Allottor be precluded from conveying any lands it now owns or hereafter acquires, not expressly made subject to the terms and provisions hereof, free and clear of not only the terms, provisions and covenants herein contained but any similar covenants or restrictions. (d) Except as herein allowed, there shall be no other annexation or addition of lands into the Addition without the prior written consent of the Allottor. ARTICLE XII RIGHT TO ENFORCE The restrictions, covenants and provisions herein set forth shall run with the Lot and shall bind the present owner, their heirs, successors and assigns and any person, natural or artificial, hereinafter, owning the Lot. After conveyance of the Lot, Allottor shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to -8- FINAL C:Oocuments and Settings\Lisa\Local Settings\Temporary Internet Files\Content.IE5\OHYBOX6F\LasaterFLP.BA.vl.doc DECLARATION prevent the breach or to enforce the observance of, the restrictions herein set forth, in addition to any ordinary legal action for damages. The failure of Allottor to enforce any of the restrictions hereby set forth at the time of its violation, shall, in no event, be deemed to be a waiver of the right to do so thereafter. ARTICLE XIII MODIFICATION OF DECLARATION Notwithstanding any provision, restriction or covenant herein contained to the contrary, the Owner of the Lot may by a written instrument amend, modify, extend, change or cancel, in whole or in part, any and all of the terms, conditions, covenants, provisions and restrictions hereof; PROVIDED, HOWEVER, any such amendment, modification, extension, change or cancellation, in order to be effective and enforceable, must be approved and consented to in writing by Allottor, such approval to be in the sole discretion of the Allottor; otherwise the attempted amendment, modification, change or cancellation shall be ineffective and unenforceable. The provisions of any such instrument so executed shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. Each term, condition, covenant, restriction and provision in this Bill of Assurance, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2040, ARTICLE XIV ASSIGNMENT AND BINDING EFFECT Allottor expressly reserves the right to assign in writing the Allottor's rights and obligations hereunder to another person, natural or artificial; provided, however, such other person shall only succeed to the rights and obligations of the Allottor upon recordation of such an assignment executed by the Allottor which expressly and specifically assigns the Allottor's rights and obligations hereunder and a conveyance of the Lot will not be deemed such an assignment to the purchaser thereof. ARTICLE XV EXTENSION All covenants for which extension is not otherwise provided in this instrument shall automatically be extended for successive periods of ten (10) years each, unless modified, terminated or canceled as provided herein. -9- FINAL CADocuments and Settings\LisaEocal SettingsUemporary Internet Files\Content.IE5\OHYBOX6F\LasaterFLP,BA.vI.doc DECLARATION ARTICLE XVI SEPARABILITY Invalidation of any restriction set forth herein, or any part thereof by an Order, Judgment or Decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions, or any part thereof as set forth herein, but they shall remain in full force and effect. EXECUTED this }i`'va-� day of 3a"%a-L.1i 2006. Lasater Family Limited Partnership, an Arkansas limited partnership, by and Through its duly authorized and empowered General Partner , B�� David M. Lapater, eneral Partner Revierrad arliy fir inc,us a F of y�mJinMqure^ ff`?a 0;,.yof Lit"EP_CLirIi1m s¢;Zndaer:dii� i! :i I3�!.:::'73: �tIts i�OC;S 5lF l'!5�? 12s�G':6ili,'] I � y of Lida- Rock {'{a;iniR-i ��Jlilltlission -10- FINAL CADocuments and Settings\Lisa\Local SettingsUemporary Internet Files\Content.IE5\OHYBOX6F1LasaterFLP.BA vl.doc DECLARATION ACKNOWLEDGMENT STATE OF ARKANSAS ) §§ COUNTY OF PULASKI ) On this day of,p.maut,,,,,; , 2006, before me a Notary Public, duly commissioned, qualified and acting, within and for the County and State aforesaid, appeared in person the within named L to me personally well known, who stated that he was the General Partner of the Lasater Family Limited Partnership, an Arkansas limited partnership, and was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of the said limited partnership, and further stated and acknowledged that he had so signed, 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 seal on this day of 22006. Nat ublic My Commission Expires: Rays Ann Southall (SE 10 Towne perk Lithe Rock, AAngas 7M7 UBA County: Pulaski Gomrrslaslon bats: 8ep1. n, ZOOS P: Sapl. 30, 201S -11- FINAL CADocuments and Settings\Lisa\Local Settings\Temporary Internet Files\Content.IF5\OHYBOY6F\LasaterFLP.BA.vLdoc