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HomeMy WebLinkAboutS-0203-C ApplicationCITY OF LITTLE ROCK► ARKANSAS DEPARTMENT OF NEYGHBORHNGDFEES REVITALIZATION AND PLANNING FiLI DATE —' -- ;Annexation Board o� Adjustment Application. • • $ \4 - $ I Conditional Else Permit Final Plat - -pad 1 ment� # Planned Unit DeVeloP Preliminary Plat Rezoning Application . . • . ildinglZoning) $ i Site Plan (Multiple Bu. Special Use Permit . • . . . . street, Alley, of Gaseme nt Closure Street Name Change - - • - • • • signs_--- at ea- $..--- ----- -- - Street Name Signs: g TOTAL File NO-: Address: Applicant: _ -- By---- t © WHITE-OATERS & ASSOCIATES, INQ. rti 401 Victory Street R•-J Little Rock, Arkansas 72201 1501) 374-1 SB5 City of Little Rock Department of Neighborhood Planning 723 W. Markham Little Rock, AR 72201 Gentlemen: It is requested that a.Certificate of Final. Plat Approval be issued for !%�C� C �L L ' `� _ l��L. located in Section T- - R- - Little Rock, Pulaski County, Arkansas. Please let us know if there is additional information required. Sincerely, WHITE-DATERS & ASSOCIATES, INC. Enclosures: C," i45�� CIVIL ENGINEERING. LAND PLANNING & DEVELOPMENT. SURVEYING CENTRAL BANK &TRUST Irrevocable Letter of Credit No. 013 The City of Little Rock Office of the City Manager 500 West Markham, Third Floor Little Rock, AR 72201 Dear Sirs: We hereby open our irrevocable letter of Credit in your favor available by your drafts at sight on us for a sum not exceeding $24,204.00 US from the account of Universit Properties Inc ("Developer"), to be accepted by your signed statement that drawing is due to default or failure to perform by Developer with respect to the following improvements on or before August 27, 1994 in the South University Business Park subdivision, a subdivision of the City of little Rock, Arkansas. The improvements to be completed on this date are listed on t��tached Exhibit A hereto and are incorporated by reference herein. Acting through the City Attorney, you will notify us that: 1. The improvements have been timely completed and the warranty period has terminated and the credit mays bqnw released, or 2. The Developer has failed to perform or is in default thereunder. Any such notice must be by affidavit signed by the City Attorney or the City Attorney's designee. The City need only present a sworn document that the Developer is in default and, under the terms of this 1 SOUTH MAIN • BRECKENRIDGE VILLAGE • McCRORY, AR P.0 Box 1583 • Little Rock, AR 72203 • 374-7777 • FAX 374-2079 Member FDIC Letter of Credit, need not prove the default, or provide signed statements from any other party. All drafts hereunder must be sight draft marked: "Drawn under Central Bank & Trust Credit No. 013 dated Argil 29, 1994 " The original of the credit must be presented along with any such draft. The amount of any draft drawn under this credit must, concurrently with negotiation, be endorsed on the reverse side hereof by the City Attorney, and the presentment of any such draft will be a warranty by the negotiating bank that such endorsement was endorsed and that documents have been forwarded as herein required. Except so far as otherwise expressly stated herein, this credit is subject to the Uniform Customs and Practices for Commercial Documentary Credits fixed by the 13th Congress of the International Chamber of Commerce. We hereby agree with the drawers, endorsers, and bona fide holders of drafts under and in compliance with the terms of this credit that the same will be duly honored and payment made no later than three days after due presentment of the credit and delivery of documents as specified if negotiated on or before August 27, 1994 as the same may be extended from time to time. ' CENTRAL NK & TRUST By: JOS PH B. FORD, PRES T/CEO (Corporate Sea!) 2 April 29, 1994 M e m o t o B o b b y S a m s f r o m C a r r o 1 1 B a 1 1 Re: South Urnivers3-ty Avenue Business Parks Lotm 1 -6 Drawing i s Approve d C o n s t r u c t i o n P l a n s Approve d Estimate of Construct�i]on Cost is approved P1 at la Ap�aroved REPEAT OF SOUTH UNIVERSITY BUSINESS PARK (LOTS 1-61 (Being a Replat of Lots 109-118 and 129-132, and Part of Adjacent Street all in Broadmoor North, an Addition to the City of Little Rock, Arkansas) and REVOCATION OF BILL OF ASSURANCE FILED AS INST. 79-34874 and AMENDED BILL OF ASSURANCE GRANTORS: UNIVERSITY PROPERTIES, INC. TO: THE PUBLIC KNOW ALL MEN BY THESE PRESENTS: R E C I T A L S University Properties, Inc. ("GRANTOR") is the sole owner of the following described lands lying in the County"Of Pulaski, State of Arkansas: Lots 109 to 118 and Lots 129 to 132, inclusive, Broadmoor North, an Addition to the City of Little Rock, Arkansas; GRANTOR desires to replat the above described property as: Lots 1-6, South University Business Park Addition to the City of Little Rock, Pulaski County, Arkansas, as shown on a Replat prepared by White-Daters and Associates, Inc., said Replat having been approved by the Little Rock Planning Commission and filed for record in the ❑ffice of the Circuit Clerk, Real Estate Division, Pulaski County, Arkansas, in Plat Book ; GRANTOR hereby certifies that GRANTOR has laid off, platted and subdivided, and do hereby lay off, plat and subdivide said real estate in accordance with said Plat. The lands embraced in said Plat shall be forever known as: South University Business Park Addition to the City of Little Rock, Pulaski County, Arkansas. and henceforth each and every deed of conveyance for any lot by the numbers as shown on said attached Plat shall be defamed a sufficient 1 description thereof, and that said property be held, owned, and conveyed subject to the restrictive covenants and provisions contained herein. GRANTOR hereby revokes all other restrictions and plats previously filed for record in the Office of the Circuit Clerk, Real Estate Division, for Pulaski County, Arkansas with same being cancelled and vacated in their entirety as to the above described lands by the filing of this Replat and Amended Bill of Assurance. NOW, THEREFORE, GRANTOR has caused said tract of land to be surveyed by White-Daters and Associates, Inc. and a Plat made which is identified by the title "South University Business Park, Lots 1- 6, an Addition to the City of Little Rock, Pulaski County, Arkansas", with a date of`t','�i- Jr, .Z ' I ; and said Plat bears the signature of the said land surveyor and the said GRANTOR, and bears a certificate of approval executed by the Little Rock Planning Commission and is of record in the Office of the Circuit Clerk and Recorder of Pulaski County, Arkansas, as Plat No. and the GRANTOR does hereby make this Bill of Assurance. The lots in said South University Business Park shall be held, owned, and conveyed subject 'to and in conformity with the covenants, restrictions, requirements, and provisions set forth in this Bill of Assurance, which are for the purpose of protecting the value and desirability of the land and which shall run with the land and be binding on all parties having any right, title, or interest in the real property hereinabove described or any part thereof, their heirs, successors and assigns, and which shall inure to the benefit of each owner thereof, his heirs, successors and assigns. All of said covenants, restrictions, requirements, and provisions, subject to being amended or cancelled as provided hereinafter, shall be and remain in full force and effect until the 25th anniversary date of the filing of this Bill of Assurance, after which date said covenants, restrictions, requirements, and provisions shall be extended automatically for successive periods of ten years each, and the right to amend or cancel said covenants, restrictions, requirements, and provisions as provided in this Bill of Assurance shall exist at all times during each and every successive ten year extension. Further, there are strips of ground shown on said Plat and marked as utility and drainage easements reserved for the use of public utilities and for drainage purposes, subject at all times to the proper authorities and to the easement herein reserved. Owners of these lots shall take title subject to the rights .of the public utilities and the public in these easements. In addition, there are strips of ground shown on said Plat and marked as 1140 foot buffer strip", "driveway access strip" and "parking easement" which are not easements dedicated to the public but are restricted specifically as follows: 2 a) 1140 Foot Buffer Strip": The buffer strip shall be used for landscaping purposes, only, and no object other than a fence as required by the City of Little Rock or landscaping, shall be placed within the area of the buffer strip. Notwithstanding an amendment provision contained in this Bill of Assurance, the buffer strip provision is restricted and cannot be modified, amended, cancelled or revoked. Maintenance of the buffer strip shall be borne by the property owner of the lot upon which the buffer strip is located. b) "Parking Easement": The Plat reflects a 30 foot parking easement on the south boundary line of Lot 3 which is subject to the terms as provided in that certain easement filed December 21, 1992 and recorded as Instrument No. 92-81599 in the Real Estate Records of Pulaski County, Arkansas. c) "Driveway Access Strip": The Plat reflects two driveway access strips which shall be used for purposes of accessing through the subdivision. The driveways may be used by the general public, however, the driveways are not roadway easements being dedicated to the Public, but shall be retained and owned by all property owners of the subdivision. Property owners must maintain a minimum of 24 feet of clearance for purposes of access and the balance of the driveway may be used for parking or other purposes which does not restrict access. The property owners of the subdivision shall maintain the driveways with the expenses shared on a pro-rata basis in relation to the amount of property owned. The filing of this Bill of Assurance and Plat for record in the Office of the Circuit Clerk and Recorder, Real Estate Division, of Pulaski County, Arkansas, shall be valid and complete delivery -and dedication of the streets, culdesacs, and utility and drainage easements, as shown on said Plat and the streets and culdesacs in said South University Business Park shall be known by the names designated on said Plat. RESTRICTIONS 1. Land Use and Building Type: All buildings constructed on said lots shall be used in accordance with the Little Rock Zoning Ordinances. In no event shall there be allowed more than one building per lot. 2. Specific Building Structure Restrictions: No building shall have a metal exterior which faces the street. All buildings constructed on said lots shall be constructed in conformance with the building codes and zoning ordinances of the City of Little Rock, Arkansas. 3. Temporary Structures: No trailer, tent, shack, garage, barn, or other out building or structure other than the main 3 structure shall be permitted, temporarily or permanently, on any lot. However, a temporary structure may be placed on the lot provided it is used for construction contractors purposes. 4. Fences and Sidewalks: On those lots that a fence or sidewalk is required by the City of Little Rock, same shall be constructed and maintained by the owner of the lot upon which the fence or sidewalk is located. 5. oum stern - No Refuse Permitted: Trash receptacles shall be shielded from public streets. No trash, garbage, ashes, wood piles, or other refuse, junk, vehicles in disrepair, underbrush, or other unsightly gross objects, shall be maintained or allowed on any lot. All fences and buildings and all structures shall be kept in a state of repair. No boat, boat trailer, house trailer, horse trailer, or recreational vehicle, other than as used in the ordinary course of business, shall be stored or permitted to remain on any lot unless the same is stored or placed in a garage or fully enclosed space attached to the building. 6. Restrictions on Area of Easements: Easements for streets, drainage, and utilities as shown on the Plat have been denoted and dedicated to the public and the persons, firms or corporations engaged in supplying public utility services, including, but not limited to, electricity, gas, telephone, water, sewer, cable, and they shall have the right to use and occupy said easements for the installation, maintenance, repair and replacement of such utility services. Therefore, no trees, structures, fences, walls, posts, buildings, concrete, asphalt, pavement, or any improvement, shall be grown, built or maintained within the area of such utility easements. In addition, no excavations within the area of such easements shall be made which would interfere with the installation, maintenance, repair and replacement of any utility service. Also, the Plat reflects areas described as 40 foot natural strips, driveway access strips and parking easements and there shall be no interference with the use of these lands. 7. Property Lines and Boundaries: Iron pins have been set on all lot corners and points of curve, and all lot dimensions shown on curves or curve distances, and all curve data as shown on the attached Plat are centerline curve data. In the event of minor discrepancies between the dimensions or distances as shown on the attached Plat and the actual dimensions or distances as disclosed by the established pins, the pins shall control. 8. Activities Prohibited: No noxious, illegal or offensive use of property shall be carried on on any lot, nor shall anything be done thereon that may be, or become, an annoyance or nuisance to the neighborhood. 4 9. Additional Lands: GRANTOR is the owner of adjacent lands which may be similarly developed. In that event, GRANTOR reserves the right to automatically amend this Bill of Assurance to add the additional lands which will necessarily affect pro -rations for maintenance and expenses of property owners as previously described in this Bill of Assurance. 10. Amendment by Property Owners: These covenants and restrictions may be cancelled, modified, supplemented, or amended, in whole or in part, if a separate instrument signed by the owners of 80% of the area of this Plat (and additional lands, if any, as described in Paragraph 9) is placed of record having first been prior approved in writing by the Little Rock Planning Commission. In that event, the provisions of any such instrument so executed shall be binding from the date it is filed for record in the Office of the Circuit Clerk, Real Estate Division, Pulaski County, Arkansas. Provided, however, that if the Grantor owns any property within the area covered by this Plat, the Grantor's approval to cancel, modify, supplement, or amend these covenants and restrictions absolutely must be obtained (whether or not there is a majority of the property owners intending to cancel, modify, amend or supplement). At any time during the development and construction of improvements on the property covered by this Plat and while Grantor continues to own any property covered by this Plat and Bill of Assurance, Grantor shall have the automatic right to amend these covenants and restrictions to correct errors, omissions, provisions and matters of a technical nature without first obtaining agreement of other owners of property in the area covered by this Plat. 11. Enforcement: In the event of any attempt to violate any of the covenants or restrictions before the expiration date hereof, .it shall be lawful for any person or persons owning a lot or lots covered by this Plat and Bill of Assurance to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restriction either to prevent him or them from so doing or to recover damages in any court of law for such violation. 12. Relation of Plat and Bill of Assurance: The Bill of Assurance shall be appended to the Plat as approved by the Little Rock Planning Commission. Any dedication or restriction shown on either document shall be considered to appear on both, but should any discrepancy appear, the Plat shall govern. 13. Severability: The invalidation of any one of these covenants or restrictions by judgment of a court of competent jurisdiction shall in no way affect any of the other provisions, which shall remain in full force and effect. 14. Non -Discrimination: No discrimination upon the basis of race, color, creed, or national origin shall be permitted or 5 allowed to exist with respect to the sale, lease, rental, use or occupancy of the property. WITNESS our hands and seals this � day of]��'IL 1994. UNIVERSITY PROPERTIES, INC. By: ATTEST: Robert M. Wilson, Secretary Cameron, dice -President ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI 0 On this � I day of 2,e I i' , 1994, before me, the undersigned officer, personally appeared Jack Cameron and Robert m. Wilson who stated they were they. res1 en and of University Properties, Inc., and were duly authorized by proper resolution of its Board of Directors to execute the foregoing, and had so executed the foregoing for the purposes and consideration therein mentioned and set forth. IN WITNESS WHEREOF, I hereunto set my hand and official seal the day and year above mentioned. My Commission Expires: May 19, 2003 Nota Public 0 OFM& Wk WARY VU"-AR GADOLMiV