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Filed Recorded in
Official Records of
CAROLYN STALEY
PULASKI COUNTY
ORDINANCE NO. 19,106 CIRCUIT /COUNTY CLERK
Fees $20.80
AN ORDINANCE APPROVING A PLANNED ZONING
DEVELOPMENT AND ESTABLISHING A PLANNED
COMMERCIAL DISTRICT TITLED MCFATRICH
ADDITION SHORT -FORM PCD (Z -7607) LOCATED ON
THE WEST SIDE OF STAGECOACH ROAD,
APPROXIMATELY 900 FEET NORTH OF OTTER CREEK
PARKWAY, IN THE CITY OF LITTLE ROCK,
ARKANSAS, AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF LITTLE ROCK; AND FOR OTHER
PURPOSES.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS.
SECTION 1. That the zoning classification of the following described property
be changed from R -2 to PCD:
Part of the West % of the SW '/4, Section 5, Township 1, Range 13 West,
Pulaski County, Arkansas more particularly described as follows:
Commencing at the NW corner of the W %, SW '/4, Thence S 00 °12'37"
W 673.40 feet; thence S 89 °37'23 "E 1021.40 feet; thence S 01 °09'37" W
106.60 feet; thence S 01 °09'37" W 246.00 feet; thence S 86 °48'23" E
1020.10 feet; thence S 86 °48'23" E 208.12 feet; to the point of beginning
thence N 42 °24'20" E 63.121 feet; thence N 29 °10'34" E 220.85 feet;
thence N 28 °35'01" E 193.91 feet; thence N 87 °51'21" W 385.86 feet;
thence S 11 °10'50" W 232.56 feet; thence N 87 °51'21" W 13.20 feet;
thence S 02 °09'39" W 185.03 feet to the point of beginning containing
2.99 acres more or less.
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SECTION 2. That the preliminary site development plan/plat be approved as
recommended by the Little Rock Planning Commission.
SECTION 3. That the change in zoning classification contemplated for
McFatrich Addition Short-form PCD is conditioned upon obtaining a final plan approval
within the time specified by Chapter 36, Article VII, Section 36 -454 (e) of the Code of
Ordinances.
SECTION 4. That the map referred to in Chapter 36 of the Code of Ordinances
of the City of Little Rock, Arkansas, and designated district map be and is hereby
amended to the extent and in the respects necessary to affect and designate the change
provided for in Section 1 hereof.
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SECTION 5. That this Ordinance shall not take effect and be in full force until
the final approval of the plan.
SECTION 6. Severabiliry. In the event any title, section, paragraph, item,
sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid
or unconstitutional, such declaration or adjudication shall not affect the remaining
portions of the ordinance which shall remain in full force and effect as if the portion so
declared or adjudged invalid or unconstitutional was not originally a part of the
ordinance.
SECTION 7. Repealer. All laws, ordinances, resolutions, or parts of the same
that are inconsistent with the provisions of this ordinance are hereby repealed to the
extent of such inconsistency.
PASSED: MAY 18, 2004
ATTEST:
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RIGHT OF WAY EASEMENT
KNOW BY ALL MEN THAT PRESENT:
THAT the City of Little Rock, GRANTOR, a Municipality existing pursuant to the
laws of the State of Arkansas, organized under and by virtue of the laws of the
State of Arkansas, by its Mayor and City Clerk, duly authorized by proper
resolution of its Board of Directors, for and in consideration of the sum of
One Dollar ($1.00), and other valuable consideration paid by the Little Rock
Sanitary Sewer Committee, the receipt of which is hereby acknowledged, do
hereby, subject to prior recorded mortgages and easements, if any, grant,
bargain, sell and convey unto the City of Little Rock, Arkansas, for the use
and benefit of the Little Rock Sanitary Sewer Committee, GRANTEE, and unto its
successors and assigns forever, the following described easement:
A PERMANENT RIGHT, PRIVILEGE AND EASEMENT for the purpose of permitting the
Little Rock Sanitary Sewer Committee and the Little Rock Wastewater Utility to
clear and keep clear the surface of the right -of -way and (a) to lay, construct,
own, operate, maintain, repair, replace, reconstruct, test, inspect, permit
construction and maintenance of any connections thereto and add sewer mains and
sewer lines whether one or more, appurtenances thereto, including those needed
for automatic data measurement and transmission, now and at different times in
the future, and without the payment of additional compensation therefore; (b)
keeping the easement clear of all buildings and other improvements of any kind;
and (c) having the right to free ingress and egress across adjacent lands of
the GRANTOR(S) to the lands hereinafter described. Subject to prior easements
of record and except as hereinafter stated, the Little Rock Sanitary Sewer
Committee shall have the exclusive use of this right -of -way and easement; and
the GRANTOR(S) may hereinafter use the surface of the easement for any purpose
not inconsistent with the rights hereby conveyed, but may not place a building,
footing, wall, structure, or other improvement upon the right -of -way except
that, after the initial sewer construction is completed, the GRANTOR(S) may
pave the easement surface and may use it for driveways, walks or parking
areas. The GRANTOR(S) may permit other utility service to cross this easement
at approximately right angles, but only if such utilities first comply with
whatever specifications the Little Rock Sanitary Sewer Committee and the Little
Rock Wastewater Utility may designate at the time for the protection of its own
facilities. This permanent easement shall be upon the following described
lands situated in Pulaski County, Arkansas, to -wit:
1.) A 30 foot wide permanent sanitary sewer easement across a part of the
Northwest Quarter and a part of the Southwest Quarter of Section 6 Township 1
North Range 12 West said easement being 15 feet on each side of a centerline
more particularly described as follows: Commencing at a Found Iron pin at the
Southwest corner of Block 9 Pfeifer's Addition to the City of Little Rock,
Pulaski County, Arkansas, thence N 88° 01' 31" W along the North right of way
line of Markham Street a distance of 17.59 feet to a point; thence S 070 16'
14" E a distance of 17.80 feet to a point; thence S 070 12' 03" E a distance
of 55.00 feet to a point on the South right of way line of Markham Street and
the Point Of Beginning for this easement; thence continue S 07° 12' 03" E a
distance of 184.26 feet to a point; thence S 570 51' 58" E a distance of
371.57 feet to a point; thence S 000 01' 20" E a distance of 126.73 feet to a
point; thence S 430 18' 25" W a distance of 133.55 feet to a point; thence S
390 36' 08" W a distance of 237.98 feet to a point; thence S 27° 47' 15" W a
distance of 266.86 feet to a point; thence S 39° 12' 41" W a distance of
148.42 feet to a point; thence S 400 48' 00" W a distance of 213.37 feet to a
point; thence S 000 08' 54" E a distance of 23.17 feet to a point; thence S
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Exhibit "A"
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320 22' 51" W a distance of 227.40 feet to a point; thence S 320 25' 31" W a
distance of 398.19 feet to a point; thence S 28° 26' 42" W a distance of
118.87 feet to a point; thence S 19° 21' 37" W a distance of 374.20 feet to a
point; thence S 260 46' 39" W a distance of 36.74 feet to a point on the
North right of way of Interstate 630 and the termination point of this
easement.
2.) A 15 foot wide permanent sanitary sewer easement across a part of the
Northwest Quarter of Section 6 Township 1 North Range 12 West said easement
being 7.5 feet on each side of a centerline more particularly described as
follows: Commencing at a Found Iron pin at the Southwest corner of Block 9
Pfeifer's Addition to the City of Little Rock, Pulaski County, Arkansas,
thence N 880 01' 31" W along the North right of way line of Markham Street a
distance of 17.59 feet to a point; thence S 07° 16' 14" E a distance of 17.80
feet to a point; thence S 070 12' 03" E a distance of 55.00 feet to a point
on the South right of way line of Markham Street; thence continue S 070 12'
03" E a distance of 184.26 feet to a point; thence S 570 51' 58" E a distance
of 371.57 feet to a point; thence S 000 01' 20" E a distance of 128.73 feet
to a point; thence S 43° 18' 25" W a distance of 133.55 feet to a point;
thence S 39° 36' 08" W a distance of 237.98 feet to a point; thence S 270 47'
15" W a distance of 266.86 feet to a point said point being the Point OF
Beginning for this easement; thence N 12° 09' 39" W a distance of 167.05 feet
to a point; thence N 71° 21' 12" W a distance of 148.00 feet to a point;
thence N 710 21' 05" W a distance of 150.08 feet to a point and the
termination point of this easement.
3.) A 15 foot wide permanent sanitary sewer easement across a part of the
Southwest Quarter of Section 6 Township 1 North Range 12 West said easement
being 7.5 feet on each side of a centerline more particularly described as
follows: Commencing at a Found Iron Pin at the Southwest corner of Block 9
Pfeifer's Addition to the City of Little Rock, Pulaski County, Arkansas,
thence N 880 01' 31" W along the North right of way line of Markham Street a
distance of 17.59 feet to a point; thence S 07° 16' 14" E a distance of 17.80
feet to a point; thence S 07° 12' 03" E a distance of 55.00 feet to a point
on the South right of way line of Markham Street; thence continue S 07° 12'
03" E a distance of 184.26 feet to a point; thence S 570 51' 58" E a distance
of 371.57 feet to a point; thence S 000 01' 20" E a distance of 128.73 feet
to a point; thence S 430 18' 25" W a distance of 133.55 feet to a point;
thence S 390 36' 08" W a distance of 237.98 feet to a point; thence S 270 47'
15" W a distance of 266.86 feet to a point; thence S 390 12' 41" W a distance
of 148.42 feet to a point; thence S 400 48' 00" W a distance of 213.37 feet
to a point; thence S 000 08' 54" E a distance of 23.17 feet to a point;
thence S 32° 22' 51" W a distance of 227.40 feet to a point; thence S 320 25'
31" W a distance of 398.19 feet to a point said point being the Point OF
Beginning of this easement; thence N 65° 23' 59" W a distance of 236.62 feet
to a point and the termination point of this easement.
4.) A 15 foot wide permanent sanitary sewer easement across a part of the
Southwest Quarter of Section 6 Township 1 North Range 12 West said easement
being 7.5 feet on each side of a centerline more particularly described as
follows: Commencing at a Found Iron Pin at the Southwest corner of Block 9
Pfeifer's Addition to the City of Little Rock, Pulaski County, Arkansas,
thence N 88° 01' 31" W along the North right of way line of Markham Street a
distance of 17.59 feet to a point; thence S 07° 16' 14" E a distance of 17.80
feet to a point; thence S 07° 12' 03" E a distance of 55.00 feet to a point
on the South right of way line of Markham Street; thence continue S 07° 12'
03" E a distance of 184.26 feet to a point; thence S 570 51' 58" E a distance
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Exhibit "A"
of 371.57 feet to a point; thence S 00° 01' 20" E a distance of 128.73 feet
to a point; thence S 430 18' 25" W a distance of 133.55 feet to a point;
thence S 390 36' 08" W a distance of 237.98 feet to a point; thence S 270 47'
15" W a distance of 266.86 feet to a point; thence S 39° 12' 41" W a distance
of 148.42 feet to a point; thence S 400 48' 00" W a distance of 213.37 feet
to a point; thence S 00° 08' 54" E a distance of 23.17 feet to a point;
thence S 32° 22' 51" W a distance of 227.40 feet to a point; thence S 320 25'
31" W a distance of 398.19 feet to a point said point being the Point OF
Beginning of this easement; thence S 740 56' 36" E a distance of 168.18 feet
to a point and the termination point of this easement.
Upon completion of the initial or any subsequent work by the Little Rock
Sanitary Sewer Committee, the Little Rock Sanitary Sewer Committee shall
backfill and thoroughly compact all excavations to minimize settling and shall
level the surface over its excavations and pipelines, remove all excess
excavated materials and debris and leave the premises in a clean sanitary
condition. If the initial or any subsequent work by the Little Rock Sanitary
Sewer Committee damages any fence, curb or paved surface upon the
rights -of -way, the Little Rock Sanitary Sewer Committee, at its expense, shall
repair or replace the damaged portion with materials of like quality and as
nearly as possible to its prior condition.
The execution of this easement does not give the GRANTOR(S) the right to
connect to or receive service from any sewer or wastewater facility; the right
to make connections and receive service shall be subject to the rules,
regulations, policies or ordinances in effect at the time of application.
To have and to hold said easements, rights and privileges unto the GRANTEE, and
unto its successors and assigns forever, for the purposes aforesaid.
It is hereby understood by the parties hereto that in the event it becomes
necessary in the judgment of the City of Little Rock to relocate the sewer
line, manhole and appurtenances thereto, to be located within the easement
granted herein or such other easement that GRANTOR(S) shall provide at no
expense to GRANTEE, that the Little Rock Sanitary Sewer Committee will bear the
cost of all such reasonable expenses incurred by the City which are directly
attributable to and arise out of the relocation.
And GRANTOR(S) covenants with GRANTEE, its successors and assignees, that
subject to prior recorded mortgages and easements, if any, it will forever
warrant and defend the title to said easements and rights against the claims of
all persons whomsoever and that GRANTEE, its successors and assigns, shall have
at all times the quiet use of enjoyment of said easements and rights.
IN WITNESS WHEREOF, the name of the GRANTOR is hereunto affixed by its Mayor
and its seal affixed by its City Clerk, this day of
2004.
Attest:
Nancy Wood, City Clerk
By:
Jim Dailey, Mayor
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Exhibit "A"
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ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF PULASKI )
On this day personally appeared before the undersigned, a Notary Public
within and for the County and State aforesaid, duly qualified,. commissioned and
acting, Jim Dailey and Nancy Wood, to me well known who stated that they were
the Mayor and City Clerk of Little Rock, a municipality existing pursuant to
the laws of the State of Arkansas, and were duly authorized in their respective
capacities to execute the foregoing easement for and in the name and behalf of
said municipality, and further stated and acknowledged that they had so signed,
executed and delivered said easement for the consideration, uses and purposes
therein mentioned and set forth.
WITNESS my hand and official seal on this day of ,2004.
My Commission Expires:
(SEAL)
Notary Public
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Exhibit "A"