HomeMy WebLinkAboutS-1507-B ApplicationCity of Little Rock
Planning and Development 77 Z Z e I
Filing Fees j 3 w •�
Dates Zp�_q_
Annexation
$
Board of Adjustment
$
Cond Use Permit/ T U P
$
Final Plat
$
Planned Unit Dev
$
Preliminary Plat
Special Use Permit
$
Rezoning
$
Site Plans
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Street Name Change
$
Street Name Signs
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Number -at ea
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Public Hearing Signs
Number at ea
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Total
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Tamara Guffey
From: Vincent Hotho <Steven.Hotho@lrwra.com>
Sent: Thursday, May 02, 2019 8:49 AM
To: Tamara Guffey
Cc: Carney, Dana
Subject: RE: Final Plat Approval - Lot 3, Morgan Addition
Attachments: Lot3PLAT.pdf
This one is outside City Limits, therefore no sewer connection is available, and LRWRA has no further
comments.
S. Vincent Hotho, P.E.
Program Manager, Engineering Services
11 Clearwater Dr.
Little Rock, AR 72204
Office: (501)688-1452
www.Irwra.com
LITTLE ROCK
Water Reclamation
Atforlty REONE WATER_
{` ❑NE SUTURE.
This email and any files transmitted with it are confidential and intended solely for the
use of the individual or entity to whom they are addressed. If you have received this
email in error, please notify the sender. This message may contain confidential
information, and is intended only for the individual named.
From: Tamara Guffey <tguffey@whitedaters.com>
Sent: Tuesday, April 30, 2019 9:29 AM
To: Vincent Hotho <Steven.Hotho@lrwra.com>; Harold Hounwanou <Harold.Hounwanou@Irwra.com>
Subject: FW: Final Plat Approval - Lot 3, Morgan Addition
Vince
Need an approval on this one too.
THank you
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
From: Tamara Guffey
Sent: Friday, April 26, 2019 11:51 AM
To: Vincent Hotho <Steven.Hotho@irwra.com>; 'Joni Bates' <Joni.bates@centerpointenergy.com>;
f, f r•►c &/
5-/titr i
Tamara Guffey
From:
Floriani, Vince <VFloriani@littlerock.gov>
Sent:
Thursday, May 02, 2019 9:03 AM
To:
Carney, Dana
Cc:
Tamara Gulley
Subject:
Morgan Addition Lot 3 Final Plat
Attachments:
CCE05022019.pdf
Public Works is OK to approve the final plat
Vince
Tamara Guffey
From: MANION, JOSEPH E <jm4138@att.com>
Sent: Monday, April 29, 2019 3:34 PM
To: Tamara Guffey
Subject: FW: Final Plat Approval - Lot 3, Morgan Addition
Attachments: Lot3 PLAT.pdf
AT&T approves of this plat.
Thank You,
c7ase# /�awiaw
AT&T
Mgr. Engineering/Design
501-373-8892
From: Tamara Guffey [mailto:tguffey@whitedaters.com]
Sent: Monday, April 22, 2019 10:04 AM
To: Vincent Hotho <Steven. Hotho@ lrwra.com>; 'Jason Lowder' <Jason.Lowder@carkw.com>; 'Jeremy
Henderson' <jhende9@entergy.com>; 'Joni Bates' <joni.bates@centerpointenergy.com>; MANION,
JOSEPH E <jm4138@att.com>; 'Richard Hill' <Richard_Hi112@comcast.com>
Cc: Brian Dale <bdale@whitedaters.com>; Daniel Havner <dhavner@whitedaters.com>; Carney, Dana
<DCarney@littlerock.org>; Floriani, Vince <VFloriani@littlerock.gov>
Subject: Final Plat Approval - Lot 3, Morgan Addition
Attached for your approval is the final plat of Lot 3, Morgan Addition, Pulaski County, and addition to
the City of Little Rock. The owner of this property would like to file this plat by Friday, May 3rd
An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to
review and sign off on a paper copy please let me know and we will have one sent to you without
delay. Any questions may be directed to Dan Havner at dhavner@whitedaters.com or Brian Dale at
bdale whitedaters.com or 821-1667.
Thank you
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
From: Daniel Havner<dhavner whitedaters.com>
Sent: Monday, April 22, 2019 9:32 AM
To: Brian Dale <bdale whitedaters.com>
Cc: Tamara Guffey < puffey@whitedaters.com>
Subject: RE: Lot 3, Morgan Addition
From: Brian Dale <bdale@whitedaters.com>
Sent: Monday, April 22, 2019 9:21 AM
To: Daniel Havner <dhavner@whitedaters.com>
Cc: Tamara Guffey <t uffe whitedaters.com>
Subject: RE: Lot 3, Morgan Addition
30' building line will need to jog where the future ROW dedication jogs.
Brian Dale, P.E.
Vice President
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
From: Daniel Havner<dhavner@whitedaters.coin>
Sent: Monday, April 22, 2019 9:08 AM
To: Brian Dale <bdale@whitedaters.com>
Cc: Tamara Guffey <t-.guffeyPwhitedaters.com>
Subject: Lot 3, Morgan Addition
Brian, please review.
Tamara, if he's good with it, we can circulate.
Dan Havner
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
Tamara Guffey
From: Rathsburg, Brittany R <brittany.rathsburg@CenterpointEnergy.com>
Sent: Friday, April 26, 2019 1:50 PM
To: Tamara Gulley
Cc: Fuentes, Kenneth W; Bates, Joni B.
Subject: FW: [External Email] FW: Final Plat Approval - Lot 3, Morgan Addition
Attachments: Lot3 PLAT.pdf
Tamara,
The final plat for Lot 3, Morgan Addition is approved. Please let me know if you have any questions or
concerns.
Kind Regards,
Brittany Rathsburg, El
Centerftint Engineer II 1 Arkansas/Oklahoma Region
501.377.4986 w. 1501.831.9951 c.
CenterPointEnergy.com
From: Fuentes, Kenneth W
Sent: Friday, April 26, 2019 1:00 PM
To: Rathsburg, Brittany R <brittany.rathsburg@CenterpointEnergy.com>
Subject: FW: [External Email] FW: Final Plat Approval - Lot 3, Morgan Addition
Please review thanks!
Kenneth W. Fuentes, El
Engineer II 1 AR/OK Region
EWW 501.377.4606 w. 1501.516.9585 c.
CenterPointEnergy.com
From: Bates, Joni B.
Sent: Friday, April 26, 2019 12:25 PM
To: Fuentes, Kenneth W<kenneth.fuentes@centerpointenergy.com>
Subject: FW: [External Email] FW: Final Plat Approval - Lot 3, Morgan Addition
Please review.
From: Tamara Gulley <tguffey@whitedaters.com>
Sent: Friday, April 26, 2019 11:51 AM
To: Vincent Hotho <Steven.Hotho@Irwra.com>; Bates, Joni B.<ioni.hates@centerpointenergy.com>;
'Joseph Manion' <Im4138 att.com>; Hill, Richard <Richard Hill2Pcomcast.com>
Subject: [External Email] FW: Final Plat Approval - Lot 3, Morgan Addition
Tamara Guffey
From: Henderson, Jeremy <jhende9@entergy.com>
Sent: Tuesday, April 23, 2019 8:51 AM
To: Tamara Guffey
Subject: RE: Final Plat Approval - Lot 3, Morgan Addition
Entergy approves.
From: Tamara Guffey [mailto:tguffey@whitedaters.com]
Sent: Monday, April 22, 2019 10:04 AM
To: Vincent Hotho; 'Jason Lowder'; Henderson, Jeremy; 'Joni Bates'; 'Joseph Manion'; 'Richard Hill'
Cc: Brian Dale; Daniel Havner; Carney, Dana; Floriani, Vince
Subject: Final Plat Approval - Lot 3, Morgan Addition
Attached for your approval is the final plat of Lot 3, Morgan Addition, Pulaski County, and addition to
the City of Little Rock. The owner of this property would like to file this plat by Friday, May 3'd
An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to
review and sign off on a paper copy please let me know and we will have one sent to you without
delay. Any questions may be directed to Dan Havner at dhavner whitedaters.com or Brian Dale at
bdale@whitedaters.com or 821-1667.
Thank you
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
From: Daniel Havner <dhavner@whitedaters.com>
Sent: Monday, April 22, 2019 9:32 AM
To: Brian Dale <bdale@whitedaters.com>
Cc: Tamara Guffey <tguffey@whitedaters.com>
Subject: RE: Lot 3, Morgan Addition
From: Brian Dale <bdale@whitedaters.com>
Sent: Monday, April 22, 2019 9:21 AM
To: Daniel Havner<dhavner@whitedaters.com>
Cc: Tamara Guffey <tguffey@whitedaters.com>
Subject: RE: Lot 3, Morgan Addition
30' building line will need to jog where the future ROW dedication jogs.
Tamara Guffey
From: Jason Lowder <Jason.Lowder@carkw.com>
Sent: Monday, April 22, 2019 1:40 PM
To: Tamara Guffey
Subject: RE: Final Plat Approval - Lot 3, Morgan Addition
Central Arkansas Water approves with no comments.
Respectfully,
Jason Lowder, Engineering Technician
jason.lowder@carkw.com
501-377-1245
rx«,,i,G.vmmz
From: Tamara Guffey [mailto:tguffey@whitedaters.com]
Sent: Monday, April 22, 2019 10:04 AM
To: Vincent Hotho; Jason Lowder; 'Jeremy Henderson'; 'Joni Bates'; 'Joseph Manion'; 'Richard Hill'
Cc: Brian Dale; Daniel Havner; Carney, Dana; Floriani, Vince
Subject: Final Plat Approval - Lot 3, Morgan Addition
Attached for your approval is the final plat of Lot 3, Morgan Addition, Pulaski County, and addition to
the City of Little Rock. The owner of this property would like to file this plat by Friday, May 3rd
An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to
review and sign off on a paper copy please let me know and we will have one sent to you without
delay. Any questions may be directed to Dan Havner at dhavner whitedaters.com or Brian Dale at
bdaie@whitedaters.com or 821-1667.
Thank you
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
From: Daniel Havner <dhavner@whitedaters.com>
Sent: Monday, April 22, 2019 9:32 AM
To: Brian Dale <bdale@whitedaters.com>
Carney, Dana
From: Daniel Havner <dhavner@whitedaters.com>
Sent: Monday, April 29, 2019 12:55 PM
To: Tamara Guffey; Carney, Dana
Cc: Brian Dale; Timothy Daters
Subject: RE: Final Plat Approval - Lot 3, Morgan Addition
Attachments: Lot3PLAT4-29-19.pdf
Revised plat, showing both city and county certification.
From: Tamara Guffey <tguffey@whited aters.com>
Sent: Monday, April 29, 2019 10:21 AM
To: Daniel Havner <dhavner@whitedaters.com>
Cc: Brian Dale <bdale@whitedaters.com>; Timothy Daters <tdaters@whitedaters.com>
Subject: FW: Final Plat Approval - Lot 3, Morgan Addition
Importance: High
Please see Dana Carney's statement below
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
From: Carney, Dana <DCarnev@littlerock.gov>
Sent: Monday, April 29, 2019 10:17 AM
To: Tamara Guffey <teuffev@whitedaters.com>
Subject: RE: Final Plat Approval - Lot 3, Morgan Addition
You need to include a certificate of approval for the County to sign
From: Tamara Guffey mailto:t uffe whitedaters.com]
Sent: Tuesday, April 23, 2019 10:11 AM
To: Carney, Dana <DCarney@littlerock.gov>
Subject: FW: Final Plat Approval - Lot 3, Morgan Addition
Attached for your approval is the final plat of Lot 3, Morgan Addition, Pulaski County, and addition to the City of Little
Rock. The owner of this property would like to file this plat by Friday, May 3rd
An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to review and
sign off on a paper copy please let me know and we will have one sent to you without delay. Any questions may be
directed to Dan Havner at dhavner whitedaters.com or Brian Dale at bdaleC@whitedaters.com or 821-1667.
Thank you
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
From: Daniel Havner <dhavner whitedaters.com>
Sent: Monday, April 22, 2019 9:32 AM
To: Brian Dale <bdale whitedaters.com>
Cc: Tamara Guffey <t uffe whitedaters.com>
Subject: RE: Lot 3, Morgan Addition
From: Brian Dale <bdaie@whitedaters.com>
Sent: Monday, April 22, 2019 9:21 AM
To: Daniel Havner <dhavner whitedaters.c_o_m>
Cc: Tamara Guffey <t uffe whitedaters.com>
Subject: RE: Lot 3, Morgan Addition
30' building line will need to jog where the future ROW dedication jogs.
Brian Dale, P.E.
Vice President
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667.
F: (501) 821-1668
From: Daniel Havner <dhavner _ whitedaters.com>
Sent: Monday, April 22, 2019 9:08 AM
To: Brian Dale <bdale@whitedaters.com>
Cc: Tamara Guffey <tguffey whitedaters.com>
Subject: Lot 3, Morgan Addition
Brian, please review.
Tamara, if he's good with it, we can circulate.
Dan Havner
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
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DAIS OF ENEWTON CTRE�RR � FANNING
FINAL PLAT
LOT 3
MORGAN ADDITION
PULASKI COUNTY, ARKANSAS
Part of the
N112 of Section 16
T-2—N, R-14—W
Pulaski County, Arkansas
APRIL, 2019
Ii MUTE-DATERS A ASSOC"TZS INC
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IIIIIIIIIiIIiIIIIIIIII IIIII III II III 2019030210
PRESENTED: 05-16-2019 02:52:33 PM fZECORDED: 05-16-2019 03:12:49 PM
In Official Records of Terri Hollingsworth Circuit/County Clerk
PULASKI CO, AR FEE $65.00
DECLARATION OF
RESTRICTIVE COVENANTS
AND BILL OF ASSURANCE
(Lot 3, Morgan Addition)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, Industrial Properties 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:
LEGAL DESCRIPTION
PART OF THE N1/2 OF SECTION 16, TOWNSHIP 2 NORTH, RANGE 14 WEST, PULASKI
COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT
THE NORTHEAST CORNER OF SAID SECTION 16, THENCE NORTH 88 DEGREES 23
MINUTES 45 SECONDS WEST ALONG THE NORTH LINE OF SAID SECTION 16, 3002.89
FEET; THENCE SOUTH 02 DEGREES 07 MINUTES 06 SECONDS EAST 366.07 FEET;
THENCE NORTH 88 DEGREES 21 MINUTES 48 SECONDS WEST 60.13 FEET TO THE
POINT OF BEGINNING; THENCE SOUTH 02 DEGREES 10 MINUTES 13 SECONDS EAST
496.45 FEET TO THE NORTH RIGHT OF WAY LINE OF AR STATE HWY #10 PER AHTD
JOB NO. 60290; THENCE ALONG SAID NORTH RIGHT OF WAY LINE NORTH 60
DEGREES 31 MINUTES 17 SECONDS WEST 257.22 FEET; THENCE NORTH 01
DEGREES 36 MINUTES 15 SECONDS EAST 375.22 FEET; THENCE SOUTH 88 DEGREES
21 MINUTES 48 SECONDS EAST 194.82 FEET TO THE POINT OF BEGINNING.
CONTAINING 2.086 ACRES, MORE OR LESS.
platted.
AND WHEREAS, it is desirable that all of the above described property be
NOW THEREFORE,
WITNESSETH:
-I-
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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 Daniel W. Havener, a Professional Land Surveyor, License
Number 1542, and Timothy M. Daters, a Professional Engineer, License Number 5033,
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 20 1610 30 0— 11 and the Allottor does hereby make this Declaration of
Restrictive Covenants and Bi of ssurance.
/ W ]q
IN FURTHERAN E 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 embraces in said Plat
shall be forever known as:
Lot 3, 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 masculine3, 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 plat of land shown, identified and platted by and
depicted on the Plat as a lot.
(ii) "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-
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 [fie
lands above described as desirable property, to -wit. -
ARTICLE I
LAND USE
The Lot shown on the Plat shall be held, awned and used only for those uses and
purposes prescribed by the zoning classification applicable to the Lot from time to tinie
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 lI below.
ARTICLE II -
ARCH ITEC"ITURAL CONTROL
(a) !Purpose. The Allottor is desirous of providing and maintaining harmony
❑f external design and location in relation to the Allottor's adjoinilig property and, for
this purpose, herein inlposes the following restrictions, duties, obligations and
responsibilities as hereinafter set forth.
(b) Design Standards.I 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-
DECLARATION
adjoining properties. 111 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 most 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 AIiottor or such other location as is directed by the Allottor from time to
time.
(c) Requirements Before Construction. Prior to comnlencenienl 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:
W 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.
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 unprOVen3ent, 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 steal€ 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 Plaits 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 zis depicted in the Plans and
Specifications acceptable. In the event that the Allottor neither approves nor disapproves
the proposed construction as depicted in the Plaits 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, stricture or other improvements shall be erected, placed, altered, reerected or
permitted to remain on or upon the Lot until the flans 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 cnrnmenced, be prosecuted diligently to completion no later than eighteen
(18) months after commencement,
(e) (:onipliance. Each Owner of the Lot covenants, as a covenant running
with the land, and agrees to comply with t€te Design Standards in connection with any
proposed construction and no building, struucture 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 flans and Specifications as approved by the Allottor or deemed
approved and 00 the provisions of this Declaration-
-5-
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 ill 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 tiled herewith for a more specific description of
width and location thereof
ARTICLE VI
UTILITIES
The Owner of the Lot shall install and main[airs, in coe3formity with applicable
code requirements and the Design Standards ineffect 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
constnected or operated oil the Lot. No television dish, antennae or similar equipment
shall be installed on the Lot without the prior written consent of the Allottor.
_6;
DECLARATION
ARTICLE VII
NUISANCES
No stoxious or offensive activity shall be carried can upon the Lvt, nor shall
anything; be dome 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
strch upon notification by Allcttor, the Aliottor shall have the right to perform such
cleanup work as is necessary and Owner shall reimburse Allcttor 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 I.,ot, unless same is
parked or stored and remains in a firlly enclosed building,
ARTICLE IX
EXTERIOR MAINTENANCE
Al! buildings stnrctures 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, refirse
and waste, lawn mowing, tree and shrub pruning, mwa[erinl;, peeping exterior lighting and
eclia�rical Facilities ill working order, keeping fawn 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-
DEC:'LARATION
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 nat the obligation, to annex said
Additional Lands to this Addition and cause the sarne to be governed by covenants
similar to the covenants herein set forth,
(b) Annexation to the Addition of the Additional Lands by life Allottor, from time to time, may be made by filing of record a Declaration of Restrictive Covenants and
Sill 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
(0 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 flow 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 riot 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 XI1
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 arty person,
natural or artificial, hereirrafier nwriirfg the Lot. After conveyance of t13e Lot, Allottor
shall have the right to $uc for and obtain an injunction, prohibitive or mandatory, to
N
DECLARATION
prevent the breach or to enforce dle observance of, [fie restrictions herein set forth, in
addition to any ordinary legal action for damages. Tile failure of Allottor to enforce any
Of the restrictions hereby set forth at tite time of its violation, shall, in no event, be
deerned to be a waiver of [lie 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 Ste instrument so executed slrall be binding from and after the slate it is duly filed far record
in Pulaski County, Arkansas. Each term, condition, covenant, restriction and provision in
this 1BiII of Assurance, unless expressly provided otherwise, s[jai l 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 A1101tor's rights acid
obligations hereunder to another person, natural or artificial; provided, however, such
Other person shall Only succeed to the rights artd obligations of the Allottor upon
recordation of slicit an assignment executed by Elie 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
slrall automatically be extended for successive periods of ten (10) years each, unless
modified, terminated or canceled as provided herein.
DECLARATION
ARTICLE XNA
SEPARABILITY
invalidalion of any restriction set ford' herein, or any pan 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 thereofas set forth herein, but they shall remain in full force
and effect
EXECUTED this 8th day of May T_, 2019.
Industrial Properties Limited Partnership, an
Arkansas limited partnership, by and
through its duly authorized and empowered
General Partner
13 Wi.
cater, Gene Partner
nI C LARATION
Stacie,b�: AqR,05A,5
�/off; P14�ff KICI01w i.rn('N1ENT
On this 8th day of May , 2019, before me a Notary Public,
duly commissioned, qualified and acting, within and for the County and State aforesaid,
appeared in person the within named David M. Lasater to me personally well
known, who stated that he was the General Partner of the industrial Properties 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 8th
day of Mav .2019.
My ern mission expires:
ires:
_.;#•t,s MY COMMISSION N 12400789
,;� _ EXPIRES: September 13, 2024
Pulaski County
fJ C�
Notary Public
M
RL'1r i" ti--►Iy H. InCIZf, X -1 Cf lrinimum r t.^ndj*
requirf,:i ;-y f,5e Cif of Uffla Racy r4nft1'bft
Bill CI kk s"'Far.-on pry lsinm I _
%it r'..°r r C.'4c`'c'.. r:..,,.. uM i s aa'j0r.a 01 L'tEi
L11A Rock subdivision and zoning ordinances.
" CL� KA-
City of Liao Rwk Planning Co f:..n