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RESOLUTION NO. 9,853
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AMENDMENT OF THE LITTLE ROCK PORT INDUSTRIAL
PARK BILL OF ASSURANCE; AND FOR OTHER PURPOSES.
WHEREAS, the Bill of Assurance of the Little Rock Port Industrial Park, adopted December
16, 1971, and subseqently amended several times over the years, set forth covenants and restrictions
on the sale of lots within the boundaries of the Port; and
WHEREAS, paragraph 16 of the original Bill of Assurance specifies that the covenants and
restrictions shall be in full force and effect for twenty -five (25) years from the date of execution
thereof; and
WHEREAS, the Bill of Assurance will expire on or about in December, 16, 1996; and
WHEREAS, the document fiuther provides that any of its provisions may be amended upon
the approval of the owners of three- fourths (3/4) of the area of the Little Rock Port and by majority
vote of the Board of Directors of the City of Little Rock; and
WHEREAS, more than three - fourths of the owners within the Port have approved and
executed an amendment to the Bill of Assurance which extends the terms of the current provisions
of the Bill of Assurance until December 31, 1997, and which updates the legal description; and
WHEREAS, this extension of the term is necessary in order to maintain the current
restrictions and conditions, and to allow time to consider modifications of the provisions in response
to development trends within the Port.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The Mayor and City clerk are hereby authorized to execute the Little Rock Port
Industrial Park Amendment of Bill of Assurance, attached hereto as Exhibit "A ".
ADOPTED: December 3, 1996
ATTEST:
ROBBIE HANCOCK
CITY CLERK
APPROVED AS TO FORM:
THOMAS M. CARPEN R
CITY ATTORNEY
APPROVED:
j
�FffllA'LEY
YOR
7 O
0 0
LITTLE ROCK P
AMENDMENT OF PORT 708
WHEREAS, the CITY OF LITTLE ROCK, ARKANSAS, a municipal
corporation (the "City ") and the Port Industrial Park Owners
signing below, ( "Owners "), are the owners of more than
three - fourths (3/4) of the area in the Little Rock Port
Industrial Park (the "Port ") described in that certain Bill
of Assurance dated December 16, 1971, and recorded December
16, 1971, in the records of the Circuit Clerk and Ex- officio
Recorder of Pulaski County, Arkansas, in Record Book 1175, at
page 543 (the "Bill of Assurance "), as amended herein; and
WHEREAS, paragraph 16 of the Bill of Assurance entitled
AMENDMENT OF RESTRICTIONS provides that the restrictive
covenants shall expire in twenty -five (25) years from the
date of the deed, which date is on or about December 15,
1996; and
WHEREAS, the City and the Owners deem it necessary to
extend the term of the Bill of Assurance in order to keep the
existing restrictive covenants in place while the City and
Owners consider new provisions in the document in response to
modern development trends in the Port; and
WHEREAS, the undersigned being the owners of more than
three - fourths (3/4) of the area in the Port as described in
the Bill of Assurance have the authority to make this
amendment.
EXHIBIT "A"
NOW, TBOFORE, WITNESS: • 7 0
1. That paragraph (16) AMENDMENT OF RESTRICTIONS of the
above - described Bill of Assurance is hereby deleted in its
entirety, retitled and the following language shall be
substituted therefor:
(16) TERM AND AMENDMENT
(a) The restrictions, conditions, covenants, and
provisions set forth herein shall be deemed covenants
running with the land and shall remain in full force
and effect as herein expressed until December 31,
1997 (the "initial term ").
(b) After the initial term, the restrictions,
conditions, covenants and provisions set forth in
this Bill of Assurance shall automatically renew for
successive periods of twenty -five (25) years each
(the "renewal terms "), unless an instrument signed by
the owners of at least fifty -one percent (510) of the
area of the land in the Little Rock Port Industrial
Park (excluding any portion of the Port dedicated to
the public) has been recorded which modifies or
cancels said restrictions, conditions, covenants and
provisions, in whole or in part, and such instrument
is approved by the Little Rock Board of Directors.
2. The legal description of the lands within the
boundaries of the Port which are protected by these covenants
and restrictions is� hereby amended and described as follows:
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A parcel of land situated in Sections 9, 10. 15, 16. 17, 20, 2i, 22. and 23. fo%vnship `l Nor-17,10
Range 1 I West all lying South of the Arkansas River in Pulaski County, Arkansas, more
particularly described as follows:
Commencing at the southwest comer of the SE 'h said Section 15; thence NOI'41'50 "F- along
the West line of said SE '/4, Section 15, for a distance of 1,808.12 feet to a point being on the
centerline of Old Fourche Creek; thence N38'20'50'E approximately 2,356 feet to the Ordinary
High Water Mark of the Arkansas River being the Point of Beginning; thence northwesterly
along the Ordinary High Water Mark of the Arkansas River to the intersection of the west line of
the SE 1,4, Section 9; thence southerly along said west line of the SE '1 Section 9 to the
intersection of the centerline of Old Fourche Creek, being approximately 2,400 feet north of the
southwest comer of said SE '/4, Section 9; thence southeasterly along the centerline of Old
Fourche Creek to a point which is the intersection of Old Fourche Creek and the south line of
Hermitage Home Sites Subdivision extended; thence N89 °34'51" W along the said south line
137.12 feet to the southeast corner of Lot 99, Hermitage Home Sites Subdivision; thence
S11 02814 "E, 202.85 feet to a.point; thence S23 041'56 "E, 170.20 feet to a point; thence
S29012'48 "E, 141.20 feet to a point; thence 525'56'21 "E, 205.30 feet to a point; thence
S36044'33 "E, 134.3 feet to a point on the South Right of Way of East Belt Freeway; thence
along said south Right of Way the following Bearings and Distances: S59'21'26 "W, 319.16 feet
to a point; thence S66052'W, 426.1 feet to a point; thence N74'09'E. 516.6 feet to a point; thence
N64'50'E, 204.0 feet to a point; thence S58'41' W, 366.9 feet to a point; thence S63'00'1 I 'W,
308.0 feet to a point; thence S 70'25'35 "W, 100.5 feet to a point; thence S55'35' W, 85.4 feet to a
point; thence S08'56'W, 144.4 feet to a point on the East Right of Way of Fourche Dam Pike;
thence leaving said South Right of Way of East Belt of Freeway N01'30'32 "E, along said East
Right of Way of Fourche Dam Pike 217.2 feet to a point: thence S81006'l4 "W, 122.12 feet to
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the intersection of the West Right of Wav of FOUChe Darn Pike and the South Right or Wa.N o711
East Hell Freeway; thence N89'46'32 "W, 670.1 feet along said South Right of Way the
following Bearings and Distances: thence S84'40' W, 202.2 feet to a point; thence S75'09' W,
1 1 18.1 feet to a point; thence S89°35' W. 421.1 feet to a point: thence N87'53' W, 703.2 feet to a
point, thence N89'43'W, 900.5 feet to a point; thence N87 °48'47 "W, 491.6 feet to a point;
thence N87 °04'32 "W, 270.0 more or less to a point on the Centerline of Fourche Bayou: thence,
leaving said South Right of Way of East Belt Freeway, southwesterly along the centerline of
Fourche Bayou approximately 900 feet to the intersection of the North Right -of -Way line of
Lindsey Road; thence N87'1 7'01-"W along said North, Right -of -Way line approximately 5 feet to
a point; thence N87 °54'02 "W, 93.68 feet to a point; thence N75 °01'45 "W, 117.33 feet to a point;
thence N71 016'09 "W, 650.10 feet to a point; thence northwesterly along a curve to the right
whose radius is 703.94 feet, a distance of 707.17 feet to a point; thence Ni3 °43'08 "W, 1,091.00
feet to a point; thence northwesterly along a curve to the left whose radius is 1,969.86 feet, a
distance of 33932 feet to a point; thence N23°35'08 "W, 119.50 feet to a point; thence
N20 043'23 "W, 200.25 feet to a point; thence N23 035'08 "W, 200.00 feet to a point; thence
N26 017'43 "W, 211.54 feet to a point; hence N23 035'08 "u', 275.00 feet to a point; thence
N31050' 16 "E. 54.15 feet to a point, said point being the intersection of the East Right-of-Way
line of Lindsev Road and the South Right -of -Wav line of East Roosevelt Road; thence
N88 °03'39 "W along the South Right -of -Way line of East Roosevelt Road 215.00 feet, said point
being the intersection of the West Right-of-Way line of Lindsey Road and the South Right -of-
Way line of East Roosevelt Road; thence S45'26'23 "E along said west right -of -way line of
Lindsev Road 79.06 feet to a point; thence S23 °35'08 "E, 1.055.80 feet to a point; thence
southeasterly along a curve to the right whose radius is 1,849.86 feet, a distance of 318.64 feet to
a point; thence S13 °43'08 "E, 1,091.00 feet to a point; thence southeasterly along a curve to the
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left whose racius is 823.94 feet. a distance of 827.70 feet to a point: thence S7I'I6'0 +" E„ 650.1(,,
feet tc• a vo'nt; thence 568 °39'2 YE', 134.8; feet to a point. thence S ",,'46'54 -11. approximately
90 feet said point being the intersection of the South Right-of-Way line of Lindsey Road and the
cennterlire of Fourche Bayou: thence southwesterly along the centerline of Fourche Bayou:
approximately 2,800 feet to the intersection of the centerline of Fourche Bayou and the west line
of the NW S4, NE'i:, Section 20; thence SO1'16'34 "W along the west tine of the NW Y,. NE V4 ,
Section 20, approximately 520 feet to the southwest comer of the NW '/4, NE %4, Section 20;
thence S88 °48'45 "E, 2,619.66 feet along the south line of the N 'r., NE '/4, Section 20 to the
s.nahwest corner of the NW 1/4, NW %4, Section 21; thence S88`47'5 5" E, 5,275.91 feet along the
south line of the N Ys of the NW '/4 and the N '/2 of the NE '/4 of Section 21 to the southwest
comer of the NW '/4, NW 'r:, Section 22; thence S87'43'31 "E, 2,603.87 feet along the south line
of the N '/z of the NW 1,4, Section 22 to the southwest comer of the NW '/4, NE '/4 , Section 22;
thence S87'50'3T'E, 1,647.39 feet along the south line of the N '/ , NEE 1/4, Section 22 to a point
on said south line, said point being on centerline Fourche Island Drainage District No. 2 Levee;
thence N29' 14'21 "W, 1,550.80 feet along the centerline of the Fourche Island Drainage District
No. 2 Levee to a point on the north line of Section 22; thence S87054'21 "E, 774.2 feet along the
north line of Section 22 to a point of intersection between said north line and the centerline of
Old Fourche Creek; thence continue S87054'2I "E, along the North line of Section 22 for a
distance of 1,024.87 feet to the NW Corner of Section 23; thence continue S37 °54'21 "E, along
the North line of Section 23. 1857.24 feet; thence S02'05'39 "W, 31.0 feet to a point; thence
S87054'21 "E, 385.0 feet to a point; dience S73'24'21 "E, 1610.0 feet to a point; thence
S86'00'E, 300 feet more or less to the Ordinary High Watermark of the Arkansas River, Right
Batik; thence Northwester!.: along said Ordinary High Water mark, 7500 feet more or less to the
Point of Beginning; containing 1.558 Acres more or less.
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3. ExceV as amended hereby, all &f the remaining
provisions of the Bill of Assurance are valid and in full
force and effect.
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WITNESS our hands and seals this day of 1 3
1996.
CITY OF LITTLE ROCK, ARKANSAS
By:
r
ATTEST:
By:
City Clerk
OWNERS:
Company:
Name:
Title:
Signature:
Company:
Name:
Title:
Signature:
Company:
Name:
Title:
Signature: