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HomeMy WebLinkAbout19699ORDINANCE NO. 19,699 AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED SHACKLEFORD CROSSING REVISED LONG -FORM PCD (Z- 4923 -D) LOCATED ON THE SOUTHWEST CORNER OF I -430 AND SHACKLEFORD ROAD, LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO. 19,399 AND 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 Ordinance No. 19,399 adopted by the Little Rock Board of Directors on September 20, 2005, be amended to provide for a modification of the Planned Zoning District described as Shackleford Crossing Revised Long -Form PCD (Z- 4923 -C), otherwise Ordinance No. 19,399 shall remain unchanged and in full force and effect as restated herein; SECTION 2. That the zoning classification of the follow- described property be changed from PCD to Revised PCD: Part of the SE 1'4, Section 9, T -1 -N, R -13 -W, Pulaski County, Arkansas, more particularly described as: Commencing on the SE corner of the SE of said Section 9 (said point being the SE corner of Lot 1, Interstate 430 Office Park Addition, recorded as Plat #A -497, in the records of the Circuit Clerk and Ex- officio Recorder of Pulaski County, Arkansas); thence N 87° 31' 39" West, along the South line of the S E', Section 9, 589.84 feet to the point of beginning thence N 87° 32' 41" West 978.13 feet to a point on the Easterly right -of -way line of Interstate Route No. 430; thence Northeasterly and Northwesterly along said Easterly right -of -way line the following bearings and distance, N 55° 59' 26" West 37.86 feet; N 02° 05'03" East 576.76 feet; N 01' 58' 01" East 183.59 feet; N 18° 1 P 56" East 470.50 feet; N 25° 35' 21" East 372.20 feet; N 49° 14' 40" East 555.15 feet; N 67° 54' 24" East 92.60 feet; N 75° 37' 40" East 187.92 feet; N 82° 21' 19" East 357.10 feet; S 77° 22' 36" East 186.46 feet to a point on the West right -of -way line of Shackleford Road; thence Southerly along said West right -of -way line the following bearings and distances; S 06° 57" 53" East 252.26 feet; S 05° 36' 25" West 200.16 feet; S 30° 08' 55" East 119.09 feet; S 86° 39' 32" East 24.00 feet to a point on the East line of the SE '14 said Section 9; thence S 02° 05' 50" West 1,228.78 feet; thence N 87° 3 1' 27" West 590.00 feet along the North line of Lot 1, Interstate 430 Office Park Addition to the City of Little Rock, Arkansas; thence S 02° 06' 05" West 300.00 feet; along the West line of said Lot 1; to the Point of Beginning containing 62.443 Acres, more or less AND Part of the NE Y4, Section 16, TA -N, R -13 -W, Pulaski County, Arkansas, more particularly described as: Beginning at the SE corner of the SE /4 of Section 9 (said point being the SE corner of Lot 1, Interstate 430 Office Park Addition, recorded as Plat #A -497, in the records of the Circuit Clerk and Ex- officio Recorder of Pulaski County, Arkansas); thence S 02° 03'47" West, along the East line of the NE74, Section 16, 971.75 feet; thence N 87° 31' 51" West 1,569.95 feet to a point on the Easterly right -of -way line of Interstate Route No. 430p; thence Northeasterly along said Easterly right -of -way line N 02° 10' 09" East 971.49 feet; thence S 87° 32' 41" East 978.13 feet to the Southwest corner of Lot 1 thence S 87° 31' 39" East 589.84 feet along the South line of Lot 1 to the Point of Beginning containing 35.003 Acres, more or less. SECTION 3. That the preliminary site development plan/plan for the property has been approved as recommended by the Little Rock Planning Commission. SECTION 4. That the change in zoning classification contemplated for Shackleford Crossing Revised Long -Form PCD (Z- 4923 -D) is conditioned upon obtaining a final approval within the time specified by Chapter 36, Article VII, Section 36- 454(e) of the Code of Ordinances. The change in zoning classification is further subject to the conditions stated as follows: 1. Development of the property shall comply with the Declaration of Restrictions and Covenants ( "DRC ") between developer and Camp Aldersgate, Inc. (Pulaski County Filed Instrument No. 2005091973) a file marked copy of which is attached hereto and made a part hereof as Attachment "A ". 2. Uses allowed are 0 -2 uses, Hotel and Convention Use, C -2 permitted uses plus food store and retail uses not listed (enclosed), excluding uses that are prohibited under the DRC. 3. Offsite Improvement Costs. The building areas of the site will be allowed up to a total of 400,000 square feet of commercial and office building area with the existing overpass and bridge conditions. Prior to any additional building areas being added, the applicant's traffic engineer will review the volume of traffic with the City Engineer to determine the LOS grading. Should the volume demonstrate failure of the related exits, entrances and bridge traffic volumes then the applicant shall install necessary improvements as agreed between applicant and the city to the intersection before additional commercial space or office space could be built on the site. 1) 4. Right -Of -Way Issues. a. A traffic study has been submitted by the developer and approved by the City's Traffic Engineer, with development complying with recommendations of the study as approved by the Traffic Engineer. Final specifications of road widening for Shackleford Road as approved by the City of Little Rock must be acceptable to Camp Aldersgate, Inc. b. All improvements to Shackleford Road full width required by the Boundary Street Improvements ordinance shall be constructed in Phase I of the development. In addition to those required by the ordinance, the improvements made during Phase I along Shackleford Road shall also include streetlights, turning lanes at intersections and entry points and traffic signals at locations as determined by the Little Rock Traffic Engineering Department. In addition, a traffic signal shall be installed on the 1 -430 north bound off -ramp at the time of the Phase I improvements. C. Phase I Shackleford Road improvements shall include the Comcast frontage. Provide written agreement with Comcast for dedication of right - of -way and construction of improvements. d. The Highway Department 1 -430 right -of -way shall remain undisturbed until the applicant has received approval of any alteration plan with the Highway Department. The clearing of undergrowth and trees will be restricted to a caliper of less than six (6 ") inches complying with the current practices of the Highway Department. 5. Grading and Excavation Issues. a. Provide overall grading plan for the entire property with Phase I site plan review. Grading plan must note areas within the site where trees will be preserved, address retaining wall construction details and identify variances from the Land Alteration Ordinance. Along with the Phase I site plan review, the applicant shall seek approval of a "phased grading plan" and provide justification for and seek approval for clearing, excavation and filling areas both inside and outside the Phase I development area in order to minimize hauling off excess materials or importing borrow materials. b. North/south and east /west sections and elevations must be provided with grading plan. C. A grading permit will be issued in conjunction with the first building permit that allows clearing and grading in conformance with the phased grading plan approved by the Commission. Modifications to the phased grading plan will be dealt with according to Sections 29 -189 (e) and (f) of the Land Alteration ordinance. 3 6. Landscaping and Buffer Issues. a. During Phase I site work, the required land use and street buffers shall be preserved. b. Construction fencing shall be in place to protect all required buffers prior to the initiation of any site work. C. All portions of the property shall be landscaped in compliance with the City's Landscape Ordinance. 7. Public Transportation Issues. a. Prior to submittal of Phase I site plan review to the Planning Commission, the developer shall meet with Central Arkansas Transit Authority representatives to discuss opportunities for providing bus facilities (pull- outs, internal circulation, etc.) b. The site development plan for the entire property shall be designed to provide adequate internal pedestrian circulation. 8. Signage Issues. a. All directional signage shall comply with the Zoning Ordinance. b. Wall signage is allowed on the interior of the shopping center at the front and rear wall of each tenant, facing interior streets and parking, and on I -430 and Shackleford Road frontage. However, tenants greater than 100,000 square feet are allowed a maximum of three (3) exterior walls for signage, and tenants less than 100,000 square feet are allowed a maximum of two (2) exterior walls for signage. C. The total area for exterior wall mounted signs may not exceed 10% of the wall surface area of the front wall of the tenants demised premises. d. Tenants less than 15,000 square feet may have one wall sign per allowable exterior wall. Tenants greater than 15,000 square feet may have more than one sign per allowable exterior wall but must comply with "c" above. e. In addition to a through d above, tenants may have one blade sign perpendicular to the main facade with a maximum size of six (6) square feet, restaurants may have an exterior Menu Board within 5 feet of the entrance not to exceed eight (8) square feet, and Tenants may incorporate logos or names on glass areas and /or awnings. 9 f. The commercial portion of the development will be limited to two (2) ground- mounted pylon signs, one (1) at an entry drive from Shackleford Road and one along the I -430 Freeway area. Each sign shall have a maximum height of 36 feet and a maximum area of 400 square feet. An additional monument sign (hardscape wall) maybe constructed at the Shackleford RoadJI -430 Intersection. Wall may be natural stone or brick masonry, 5 -foot maximum height, with a 30 inch by 50 -foot area for metal letters to spell project name. The area around the wall shall be planted to create a landscape feature at this corner of the site. g. The office portion of the development shall be limited to one (1) ground - mounted sign at the entry drive from Shackleford Road for the Office Park name. The sign shall have a maximum height of six (6) feet and a maximum area of 64 square feet. Signage for each lot within the office use areas shall be as permitted in Section 36 -553 of the Zoning Ordinance. h. Out parcels within the commercial portion of the property shall be restricted to one (1) monument -type ground- mounted sign per out parcel. Each sign shall have a maximum height of 10 feet and a maximum area of 100 square feet. i. Out parcels within the commercial portion of the property must comply with a, b, d, and e above, except that out parcel tenants are allowed to place sign on two or three (2 or 3) of their exterior walls. j. Any of the property's eastern facing signs that are visible from Camp Aldersgate's property, except those referenced in subsection 7(0 herein, shall remain unlighted except for 112 hour before and after the sign advertiser's hours of being open to the general public. 9. Other Site Design Issues. a. Total project shall not exceed 1,000,000 square feet of area. b. Commercial /Retail buildings constructed on the property shall not exceed a total of 750,000 square feet of gross floor area, with a maximum of 40,000 square feet of restaurant uses on out - parcels and 35,000 square feet of restaurant uses on the balance of project with a total maximum restaurant use for the entire property not to exceed 65,000 square feet. Additionally, all restaurants shall have a parking ratio of not less than 12 spaces per 1,000 square feet calculated independently of retail parking ratios. C. Buildings constructed containing permitted 0 -2 uses shall be at least 25 %, or 250,000 square feet of the total gross floor area of the project. d. Hotel and Convention project to be in keeping with design of others on Chenal or Shackleford Road; area not to exceed 10 acres. 5 e. All site lighting shall be a low- level, directed away from adjacent property, shielded downward and into the site. f. Use of outdoor speaker or sound amplification system shall be prohibited on the property except for z hour before and after the advertiser's hours of being open to the general public. The operation of any such speaker and system is limited to those that do not emit sound that is plainly audible from South Shackleford Road or at a distance of two hundred feet or more from the source of such sound. g. Any dumpster or trash receptacles shall be oriented away form Shackleford Road and screened as per the Zoning Ordinance requirements. Trash enclosures shall be screened from public view on three sides with a six to eight foot high (depending on the height of container) screen of masonry, precast, or other building compatible materials. Trash enclosures shall be located to allow a 50 foot clear path for trucks. When located in a highly visible area, screening walls shall be softened with landscaping or earthen berms. h. Servicing of dumpsters or trash receptacles shall be during day light hours only. i. All buildings (Main Street, Anchors, and Jr. Anchors) are required to be "4 sided" architecture, meaning that the back of the building will be as well designed as the front and sides. Exteriors shall be of materials such as native or cast stone, brick, colored split -face block, "Dryvit ", or similar materials that are permanent in nature (no metal buildings). Most roofs will be flat, but any sloped roofs will be architectural /standing seam metal panels. Truck service and compactor areas will be screened by walls and landscaping. All exterior (roof or ground mounted) mechanical equipment will be screened with architectural or landscape screening treatments. Plans for final exterior design must be submitted to planning staff and approved prior to applying for any building permits. j. All service /loading dock doors shall be screened. In addition, all service /loading dock doors within 300 feet of Shackleford Road shall be oriented away from Shackleford Road. k. Maximum building height on the property shall not exceed 45 feet unless approved by the Planning Commission consistent with the height regulations as allowed within the 0 -2 zoning district for the office portion of the development. 1. Drive - through facilities of restaurants shall be screened as follows: speaker will be mounted so that it is baffled on all sides in a manner which will direct the sound produced to the vehicle served. Each speaker location shall be designed to provide for a solid wall at least six feet in height and twenty feet in length along the opposite lane line. This wall shall be constructed of 2 masonry or wood with a textured finish to diminish sound deflection. SECTION 5. 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. SECTION 6. This Ordinance shall not take effect and be in full force until the final approval of the plan. SECTION 7. Severability. 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 8. 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: February 20, 2007 ATTEST: APPROVED: rt of Little ock Clerk APPROVED AS TO FORM: City Attorney Mayor Board Member 7 Moc cs a ad om ° �I O ° ,° ° ct ° o PI 11 1 w Nc %P „ o= d 0 %,00 p� - v MOC D r— �1 0o °e oopoc�ovap a 000' `�'•• - ..�I P -e_ �� oho ©�� 0 SO j acao $ �� "°� ° a _ n � mQ I O � 6 ° I&°•b � � �� °Obo e' � � $ P o �� ° z,- ❑i6 ❑ p > >> p� (�. 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P,a mqo o�7B$c ,moo o no�� P a ao � s all ,� & pQ4 o MQ G�q,1•,�, 7Q08�, C $y PK/OS� i'p 0 %�j S°o° r PI o �p PI\ WO SO 9 PK/OS V o o D$ a °o .o M0 CL O � �r (? 4° ° n y O p ME�4 i RT K/O• U CDR MF °ao°o PI o 8s Q all 8;cFDIIB . ° so D m o MOc MF %:ry 7i' K/O r� • 4 I x a p PKIO - 1 i Mi azt)yB sdl - • ning- Lid 1i( s-& Case: Z- 4923 -D Location: Shackleford Rd. at I -430 Ward: 5 PD: 2 CT: 22.05 TRS: T1NR13W3 0 750 1,500 Feet Apo OIIC� II II 0 — – - %� T, � mm - MOC CSC C o z' w Mc � 41 0 ;cam , e °i v S -. ° cy -� -� - �� -�,. �• �., ° -ol �' �� '; ,{� Doti Va 60 t MOC _ 0�7 CS o ma. O a -,P. 4 Ie O - O L�b� O UD �G ��� ° R� gp a°o a I,� of �b °�0 0 0, s= O !8 5 I �I °l 0 � — Xz/ ,' I� Qi I ■ . _ X00 °p.'•" °fib a ° pp y�%IIpp o cba b � I PK/OS d I I� b 22N8 I:. °060' o o p 0- �0� op 0° 1�P @> oo g cP bGi ILDR tom— c0 ndZ,;poo PKI95 _ a °' SF c °pOO�OB,I �Oacd6 1p i' �` Ci0 006 415 ,. �I aOaa�� ° MF 0 0 0 �DURTN K/ 9 pp -LDR�... ° MX I • a PK/OS�. SO" o MOO 9 0 .9 ,A u? o K/O ° SO MOC ry Vicinity Map 8 � ° mqb ° o a°°° °j v pp °600 630°41 Sp9'i d oB Pr a ° r j OS O F V CDR fMF '0p LJ 00 a SSS lo: ° • ®p,I,,po,�. iJ i, la I P11 GI 8 g qjk[ i $pp p MF K/O M v _. ° �I Plosr- :W 421 8 Fdl Area, Ulllll Case: Z- 4923 -D Location: Shackleford Rd. at 1 -430 Ward: 5 PD: 2 CT: 22.05 TRS: T1NR13W3 0 750 1,500 Feet Z- 4923 -D 40 SHACKLEFORD CROSSING 0 REVISED LONG -FORM PCD EQ. - - 191-01, L EQ. r Z-4923-D49 SHACKLEFORD CROSSING* REVISED LONG -FORM PCD� � `I�, 11f C+rll rrrlr :�aE RCS W 1000 Utlft`f DECLARATION OF RESTRICTIONS AND 1/3, SO84 88:14 A8 .led Q Recorded in Beial Records of CLERK THIS DECLARATION OF RESTRICTIONS AND COVENANTS (this "DOR ") is made as of the -2,&- day of Q Ca!T� 2 L– 2005 by SHA CKLEFORD CROSSINGS, LLC, an Arkansas limited liability company ( "Declarant "). RECITALS WHEREAS, this Declaration is made for purposes of imposing the restrictions set forth herein on certain real estate, the legal description of which is contained on Exhibit "A" attached hereto and by reference incorporated herein (the "Property"); and WHEREAS, the Declarant is the Fee Owner of the Property; and WHEREAS, the Declarant desires to file this Declaration to protect its interest and for the benefit of Protected Party which have an interest in the use of the Property; and WHEREAS, Declarant and Protected Party are parties to that certain letter agreement dated November 8, 2004, as amended by the Supplemental Letter Agreement dated November 23, 2004 (collectively "Letter Agreement "); and NOW, THEREFORE, in consideration of the foregoing, the Declarant declares as follows: L PRELI AINARY 1.1 Incorporation. The above Recitals are incorporated herein and made a part hereof. 1.2 Definitions. (a) T-0—R" shall mean this Declaration of Restrictions and Covenants. (b) "Pro 11 shall mean the property described on Exhibit "A ". as such may now or hereafter be platted, subdivided, replatted or re-subdivided. In the event that any Owner becomes the Owner of Lot 1 1 -430 Office Park Addition to the City of Little Rock, Arkansas ( "Lot I "), then Lot 1 shall be included in the definition of "Property ". (c) "Owner" or "Fee Owner" shall mean the Owner of a fee interest in the Property and its respective assigns, grantees, and successors in interest. (d) "Protected Prooerty" shall mean the property described on Exhibit "13" :: 0DMA10RTMFVJXW.TcrYI6ny-U3603 Beach a� -saa7 a attached hereto. (e) 'Protected Party" shall mean and refer to Women's Division United Methodist Church. II. RESTRICTIONS Restrictions. The following restrictions and covenants are imposed on the Property: (a) Owner agrees to comply with all current local, state and federal law regarding water runoff and detention. (b) Owner shall ensure that the water quality and quantity from the Property will not adversely affect either the quality or quantity of the Protected Property's existing water- shed. (c) All lighting and signage shall comply with the following: (i) Freestanding (lighted or unlighted) pole signs will be permitted only within 50 feet of the Property's (1) west and northwest boundaries that abut the Property comprising 1 -430 or its rights -of -way and (2) 500 northern most feet of the east boundary that abuts Shackleford Road as measured'from the intersection of Shackleford Road and I -430's right - of -way. (ii) Parking lot lights shall not exceed 30 feet in height or be directed towards adjoining properties or roadways. The parking lot lights shall be full cutoff, metal halide fixtures that utilize 400 watt or less horizontal bulbs with flat lenses to control glare and over spill of lighting. No downward lighting fixtures shall be permitted, except those specifically designated to light parking areas, service drives, sidewalks, and areas necessary for the protection of persons or property, and none shall exceed the height or foot - candle specifications of the parking lot lights. (iii) Signage for the portions of the Property not described in subsection (c)(i) above shall comply with Sec. 36- 346(1) and 36 -347 of the Little Rock Code as currently enacted. Any monument signs erected within 100 feet of Shackleford Road shall be oriented perpendicular to Shackleford Road. Vertical illumination of any monument signs shall not exceed 0.1 foot -candle measured on a vertical plane. (iv) Any eastern facing signs visible from Protected Property, except those freestanding pole signs permitted in subsection (c)(i) above, shall remain unlighted except for 1/2 hour before and after the Owner's or occupants hours of being open to the general public. �:t]DMAWRVWiSLALAPO.Tax_I.kmry, tg349.I (d) The following uses are prohibited: Bar, lounge, or tavern (except as part of restaurant or hotel use). Cabinet and woodwork shop. College dormitory. College fraternity or sorority. 24 Hour Community welfare or health center. Reed store. Group care facility. Lodge or fraternal organization. Mortuary or funeral home. Pawnshop. Private club with dining or bar service. Recycling facility, automated Taxidermist. Ambulance service post. Auto parts, sales with limited motor vehicle parts installation shall be no closer than 200 feet of Shackleford Road right-of-way. Auto repair bay doors shall not face Shackleford Road. Enhanced landscaping shall be provided with the parking area fronting the bay door, which shall include trees at 30 feet on center in the area fronting the bay. Bus station and terminal. Crematorium. Upholstery shop, furniture. Upholstery shop, auto. Appliance repair, excepting as part of a larger use. Auto glass or muffler shop excepting as part of a larger use. Beverage store, excepting one primarily marketing wine and/or fine liquor. Parking, commercial lot or garage. Service /gas station, convenience store, or retail or wholesale fuel outlet within 200 feet of Shackleford Road. Drive -in Theater. (e) Uses of outdoor speakers or sound amplification systems shall be prohibited on the Property except for one -half hour before and after the Owner's or occupant's hours of being open to the general public. The operation of any such speaker and system is limited to those that do not emit sound that is plainly audible from South Shackleford Road or a distance of 200 feet or more from the source of such sound. III. DURATION All of the restrictions and covenants in Article 11 shall terminate in the event either Camp Aldersgate is no longer owned by the Women's Division of the United Methodist Church or other 501(c)(3) non - profit corporation or the Protected Property is no longer used for purely charitable ::O MA%O"M3MM?(XTo;,j*.r.. 1916493 purposes. IV. GL1V RAL PROVISIONS 4.1 SeverabiIity. If any term or provision of this DOR or the application of it to any person or circumstance shall to any extent be invalid and unenforceable, the remainder of this DOR or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each term and provision of this DOR shall be valid and shall be enforced to the extent permitted by Iaw. 4.2 Inurement. This DOR and the restrictions, covenants, benefits and obligations created hereby shall "run with the land ", inure to the benefit of the Protected Party and be binding upon the Owner, and their respective successors and assigns; provided, except as otherwise expressly provided herein, if the Owner conveys any portion or all of its interest in the Property, such Owner shall thereupon be released and discharged from any and all further obligations under this DOR unless such Owner still owns any fee interest in the Property in which case the Owner shall continue to be subject to the terms with respect to portion of the Property it owns, accruing after the date of sale; and provided further, no such sale shall release any such selling Owner from any liabilities, actual or contingent, existing as of the time of such conveyance, nor shall it release the Property from the restriction contained herein. 4.3 Other Agreements. Nothing herein shall restrict the Owner from imposing upon the Property more restrictions or other covenants not set forth herein. 4.4 Paragraphs 1, 3, 4 and 5 of the Letter Agreement are superseded in their entirety by this DOR, and those portions ofthe Letter Agreement are no longer in effect. " Counterparts. This Aareeme may be executed in two -or more counterparts each of which shall be deemed an original, bUt all of which t LcLgther shall constitute one and the same instrument It Vhall not be necessary in making proof of this Agreement to produce Qr account for more than one counterpart ODMANGV 'MSMILPO.Sax_L,-mry.11550.1 IN WITNESS WHEREOF, this DOR has been executed as of the date first above written. SHACKLEFORD By: ACKNOWLEDGED AND AGREED: WOMENS DIVISION OF THE UNITED METHODIST CHURCH By: orize to Date: ::oDWA%OR SV4Xrorq,ubny.163669.3 LLC S. Clary, Its: Manager OCT.27.2M5— 2 :59PM L -UMC NO.316----P. IN VATNEsS WMMF, tea DOR has been executed as of the dace Arai above wfit mL MCM3702D ACKNOVa&DGED AND AGREED: r'. k I I i I l I i I k�vo.tuutt 1 I t I k I I ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI ) On this day, before mega Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named Roger S. Clary. _ to me personally well known, who stated that he was the Manager of SHACKLEFORD HOLDIidGSCROSSINGS. LLC and that he was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said limited liability company, 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. ONY WHEREOF,1 have hereunto set my hand and official seal this _ _d TIM2005. OFFICIAL SEAL SHARON A. MILLER Z111 "44 1 otery Publio = AM01189iS otary Public ACKNOWLEDGMENT STATE OF AR4W 6AS A LMJ 00V ss. COUNTY OF Neat ypp-v- _ ) On this day, before me, a Notary Public, duly commissioned, uaiified and acting, within and for said County and State,-appeared in person the within named. , to me personally well known, who stated that she was the M.epksUACCL of WOMEN'S DIVISION OF THE UNITED METHODIST CHURCH and that she was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said entity, and further stated and acknowledged that she had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and official seal this g77-k day of �%r , 2005. Aot—ary—pu-b—ii c My Commission Expires: ANASTACtA E. IJATZIGEORgIOU NOTARY PUBLIC STATE OF NEW YORK NO. 01- hA4980367 QUALIFIED COMMIATIJ QUEENS COUNTY SSION FILED IN NEW Y0, ,00OU� : omu%cnr�nsfivxro,T..�.m.�:iass�3 6 WIRES DEC. 28 2 EMMIT "A" LEGAL DES C - TxQN OF THE PROPERTY Part of the SE ya Secti n 9, and Qart of the NE �/a Section 16, T_ i N. R 137-W, Pulaski County, Arkansas, more part culally described as: Beginning at the Southeast corner of the SE tii, of Old goon g (said point„ being the SE corner of Lot 1, Interstate 430 Oft +jerk Addition 12 the gItEof Uttle Rockr recorded P10 4g7 in the records of the Clmult Clerk and Ex afflcio Recorder of Pulaski County, Arkansas): thence S Q2003`47" W Iona the East line of the NE Ala Section I 971.75`• thence N 8703i'81" W 1569,95' to a point on the Easterly eight-off--w-al line of,lnterstate Route No. 430r thence Northeasterly and Northwesterly along said masterly right of 18011'56" E 470 50'• N 2$p '21" E 372.20'.- N 49014'40_•„_5155.15'. N _054'24" E 92.60': N 7'5037'40" E 187,92% "2021'19" E 357,10% S 07022'36" E 186 46'• to a Point on the Went righ of way_ fine of Shackleford Road; thence South Y along said Mest r a of-way line the following bearings and distances; _L 06057`53" E 292,26% S 05036'25"K200.161; S 30008'55" 1 0 16939-32- . o e >: ; of e to e Cft of Little ffgCkr anMS• th�ece S 02006105" W 300.00' along the West line of said Lot 1• thence S 87031'39" E 589.8!C along the South line of said Lot i to the Point of Beginning• containing 97.446 acres more or lest ::ODMAIORPWI gd&PO.T.a U6"ry.in 9.1 EXHIBIT "B" LEGAL DESCRIPTION OF THE PROTE TED PROPERTY The following lands lying in the County of Pulaski, and the State of Arkansas; The Northwest Quarter (NWl /) of the Southwest Quarter (SW /4); and the South half (S %s) of the Southwest Quarter (SW %4); all in Section Ten (10), Township One (1) North, Range Thirteen (13) West, except for part of the Northwest Quarter of the Southwest Quarter of Section 10, Township 1 North, Range 13 West, containing 3.59 acres, more or less (which includes 0.52) acre, more or less, being used for public road) which was deeded to the Arkansas State Highway Commission. Part of the Northwest Quarter (NWV4) of the Northwest Quarter (NW %4), Section Fifteen (15), Township One (1) North, Range Thirteen (13) West, being all that portion formerly Platted as COTTAGE HOMES HEIGHTS ADDITION, including Streets and Alleys, EXCEPT the following lots, to -wit: Lots 5 and 16, Block 2; Lots 17, 18, 19 and 20, Block 3; Lots 5, 6, 7,16 and 17, Block 4; Lots 3 and 4, Block 5; Lots 13 and 14, Block 7; Lots 5, 8 and 18, Block 9; Lot 8 Block 10; Lots 3, 4, 5, 9, 10, 11, 12, 16, 17, 18 and 22, Block 11; Lots 5, 8, 9, 23, and 24, Block 12; Lot 13, Block 16; Lots 21, 22, 23, 24, Block 13; Lots 7, 8, 17, 18, Block 14; containing approximately 37.21 acres. ::ODMAIGPPWISSR.RpO.Tnx G'Lray,189669.4