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HomeMy WebLinkAbout5756 r RESOLUTION NO 5,756 A RESOLUTION PROVIDING FOR AN AMENDMENT TO THE BILL OF ASSURANCE FOR THE LITTLE ROCK PORT INDUSTRIAL PARK AND AUTHORIZING A NEW BILL OF ASSURANCE FOR TRACT "A" , AREA 204 OF THE LITTLE ROCK PORT INDUSTRIAL PARK; AND FOR OTHER PURPOSES BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. The Mayor and City Clerk, acting for and on behalf of the City of Little Rock are hereby authorized to execute an Amendment to the Bill of Assurance given by the City of Little Rock on December 16 , 1971 and recorded on December 16 , 1971 in Pulaski County Record Book 1175 at page 543 to the Little Rock Port Industrial Park, and a new Bill of Assurance for 'Tract "A" , Area 204 of the Little Rock Port Industrial Park, all as provided for in the document attached hereto as Exhibit '7k" and containing five (5) pages , titled "Amentment Of Bill Of Assurance Dated December 16 , 1971 Recorded on December 16, 1971 in Record Book 1175 Page 543 And A Bill Of Assurance For Tract A, Area 204 Little Rock Port Industrial Park. " SECTION 2 . This Resolution shall be in full force and effect from and after its adoption. ADOPTED: July 5, 1977 ATTEST: APPROVED: City Clerk Mayor EXHIBIT "A" AMENDMENT OF BILL OF ASSURANCE DATED DECEMBER 16, 1971 RECORDED ON DECEMBER 16, 1971 IN RECORD BOOK 1175 PAGE 543 AND A BILL OF ASSURANCE FOR TRACT A AREA 204 LITTLE ROCK PORT INDUSTRIAL PARK CITY OF LITTLE ROCK, ARKANSAS BY: DON MEHLBURGER, MAYOR ATTEST: JANE CZECH, CITY CLERK TO THE PUBLIC KNOW ALL MEN BY THESE PRESENTS : THAT WHEREAS, the City of Little Rock, Arkansas a Municipal Corporation organized pursuant to the laws of the State of Arkansas, herein called Grantor, is the owner of three-fourths of the area of the Little Rock Port Industrial Park as same as recorded in Record Book 1175 Page 543 of the records of the Office of the Recorder of Pulaski County, Arkansas and is the sole owner of the following described property located in the State of Arkansas, County of Pulaski and more particularly described as follows to-wit: A parcel of land located in the SE4, NE4 of Section 16 , T-1-N, R-11-W and in the SW4, NW4 of Section 15, T-1-N, R-11-W, Pulaski County, Arkansas more particularly described as follows : Commencing at the northwest corner of the NE4, SE4 of Section 16 , T-1-N, R-11-W, Pulaski County, Arkansas; thence N 18° 26 ' 58" E, 80 . 43 feet to a point on the South right-of-way line of the East Belt Freeway; thence continuing along said south right-of-way line having the following bearings and distances : N 8° 52' 12" E, 144 . 42 feet; N 55° 23 ' 55" E, 85 . 55 feet; N 71° 11 ' 49" E, 110. 33 feet to the point of beginning; thence continuing along said south right-of-way line having the following bearings and distances : N 62° 32 ' 27" E, 298. 65 feet; N 58° 36 ' 47" E, 367. 14 feet; N 64° 52 ' 3" E, 203 . 95 feet; N 74° 8 ' 14" E, 222. 3 feet; N 74° 3 ' 44" E, 294 . 23 feet; N 66° 51 ' 35" E, 426 . 38 feet; N 58° 38 ' 38" E, 312 . 63 feet; thence S 39° 43 ' 8" E, 417 . 33 feet; thence S 31° 37 ' 12" W, 63 . 33 feet; thence S 39° 43 ' 8" E, 90 . 79 feet to a point on the north right-of-way line of the Little Rock Port Railroad; thence continuing along said north right-of-way line on a curve to the right having a radius of 925 . 37 feet and a chord bearing S 51° 6 ' 39" W, 301. 62 feet to a point on the north right-of- way of the Fourche Island Levee; thence continuing along said north levee right-of-way N 73° 55 ' 26" W, 128 .13 feet; thence along said north levee right-of-way S 78° 41 ' 36" W, 1891. 35 feet; thence N 10 30 ' 52" E, 82 . 16 feet to the point of beginning and containing 17 . 621 acres , more or less, also identified as Tract A, Area 204 , Little Rock Port Industrial Park. AND WHEREAS , a portion of the above described property is subject to the Bill of Assurance of the Little Rock Port Industrial District identified above and a larger portion is not included in said Bill of Assurance; AND WHEREAS , the City of Little Rock desires to amend the Bill of Assurance hereinabove described pertaining only to the above described property or that part of which is subject to it in order that the Bill of Assurance hereinafter declared will apply to the entire above described property. Therefore, pursuant to Section 16 of the Bill of Assurance of the Little Rock Port Industrial Park that Bill of Assurance is hereby amended as follows : Covenant No. 11 DEVELOPMENT OF PROPERTY AND RESALE OF LAND is hereby deleted from the Bill of Assurance as it applies to the lands described hereinabove but remains in full force and effect as to all other lands described in the original Bill of Assurance . -2- AND WHEREAS , the City of Little Rock desires to plat the above described property consisting of 17 . 621 acres more or less and id- entified as Tract A, Area 204 of the Little Rock Port Industrial Park. NOW, THEREFORE, WITNESS : That the City of Little Rock hereinafter termed Grantor has caused said tract of land to be surveyed by Garver and Garver, Inc. , registered professional engineers , and a plat thereof made, certified to on day of , 19 which plat is identified as Tract A Area 204 Little Rock Port Industrial Park and consisting of all the lands herein- above described, and by the signature of the said engineers and by the signatures of the proper officials of the Grantor and bears the Certificate of Approval executed by the Little Rock Planning Commission and is of record in the office of the Circuit Clerk and Ex-officio Re- corder of Pulaski County, Arkansas in Plat Book Page and the Grantors do hereby make this Bill of Assurance . The Grantor hereby certifies that it has platted said real estate in accordance with said plat. The lands embraced in said plat shall be forever known as designated on said plat and description of said tracts or plots or areas with reference to said plat shall be a valid and com- plete description thereof for all purposes . The filing of this Bill of Assurance and plat for record in the office of the Circuit Clerk and Ex-officio Recorder of Pulaski County, Arkansas shall be valid and complete delivery and dedication of streets and easements _shown on said plat except such prior easement held by others than the Grantor and except that easement designated on the plat as the Little Rock Port Railroad Spur Easement. The tracts , plats and areas designated in this subdivision shall be sold by the grantor and shall be purchased by the buyers thereof subject to the following convenants and restrictions, to-wit: (1) TYPE OF BUSINESS ALLOWED The property in Area 204 , Tract A is zoned "1"-Light Industrial and may be used for any purpose that qualifies under this zoning classification. (2) . PERMITS REQUIRED The Grantee agrees that it will use the property conveyed in compliance with all ordinances of the City of Little Rock applicable to the use of property including , but not limited to, building permits, building codes , health codes , subdivision regulations , fire zoning, etc. and in compliance with all laws of the State of Arkansas and the United States of America. (3) . INSURANCE RATES The Grantee shall not use any of the land or premises for the manufacture, storage, distribution or sale of any materials or products which shall increase the insurances rates of the adjoining property or for any purposes which constitute a menance in the generally accepted definition of that term. (4) . POLLUTION No industry or other business shall be established, maintained, or permitted on this property which produces and discharges objection- able affluent smoke, dust, noise, odor, glare or vibration. Determination • ■ ; -3- of whether the above is objectionable will be made by reference to applicable City, State and Federal laws and regulations and if none of these apply to the point in issue, the determination will be at the sole discretion of the Board of Directors of the City of Little Rock. (5) . SETBACK REQUIREMENTS Buildings erected within the Little Rock Port Industrial Park shall have building lines which shall be a minimum of 70 feet from the right-of-way of all major streets and 50 feet on all minor streets. The building shall be a minimum of 30 feet from all other property lines except that one-half of any adjacent permanent open space or easement except public road retained by the Grantor for utility or other purposes or dedicated to the public shall be allowed as part of the required 30 foot building line requirement. Irrespective of compliance with these building line requirements , however, truck docks must be so situated that trucks , tractors , or trailers , or any com- bination thereof may not, while being either loaded, unloaded or maneuvering, project on to the right-of-way of any street, alley or open space bordering the property. (6) . SIGNS Billboard posters and other advertising signs are prohibited except, however, signs which advertise the property owner ' s business or products may be erected with prior approval of the Grantor. Prior to the erection of such a sign as herein permitted, Grantor may erect a sign on the conveyed property identifying the purchased property as belonging to the Grantee. (7) . OUTSIDE STORAGE In Area 204 , Tract A, no goods , equipment, supplies or other materials shall be stored in the open except on the rear two-thirds of said property, and then only when such open storage is fenced with a screening fence at least six feet in height. All fencing for screening, security or other purposes shall be attractive in appearance and shall be of an all-metal industrial type fence of galvanized or non-ferrous material . (8) . PARKING It shall be the responsibility of the property owner to provide parking space for employees , customers , and visitors , and the public streets shall not be used for parking. The surface of all driveways and permanent parking areas shall be of concrete, asphalt or other bituminous material . It shall be Grantee ' s responsibility to extend driveways to existing or projected streets at no expense to Grantor, even though part of this construction is within the street right-of- way. Construction of driveways connecting with existing or later developed streets in such a manner as to interfere with the normal drainage in the street to which the driveways is being connected is prohibited. (9) . LANDSCAPING AND UPKEEP OF PREMISES Grantee agrees to landscape that portion of the property between the building or buildings and the curb line of any abutting streets; including any such property which may be in a street or utility right- of-way, and to remove undergrowth, weeds , debris , rubbish, trash, excess dirt and any other unsightly material from the remainder of the property at no expense to Grantor. The owner of said property shall keep the premises , buildings and improvements in a safe, clean, healthful and presentable condition at all times and shall comply in all respects with all government, health and police requirements pertaining thereto. • • -4- (10) . SIZE OF BUILDINGS No building or other structure shall be built or maintained which covers more than 40% of the total land area in the above described plot. (11) . ARCHITECTURAL COMMITTEE In Tract A, Area 204 , no building shall be erected, placed or altered on any lot in this subdivision until the building plans and specifications thereof, exterior color scheme and materials thereof, landscaping and plot plan, which plot plan shows the location and facing of such building with respect to existing topography, ad- joining streets , and finished ground elevators have been approved in writing by a majority of any architectural committee composed of two owners of property within the industrial subdivision, two representatives of the Port Authority, and one architect who is acceptable to the other member of the Committee or their duly authorized representative, representatives, or successors. In the event of the death or resigna- tion of any member or members of the above named committee, the remaining member or members shall have full authority to approve or disapprove such plans , specifications, color scheme , materials and plot plan, or to designate a representative or representatives with like authority, and said remaining member or members shall have full authority to fill any vacancy or vacancies created by the death or resignation of any of . the aforesaid members , and said newly appointed member or members shall have the same authority hereunder as their predecessors , as above set forth. In the event the Architectural Committee fails to approve or disapprove any such plans , specifications , color scheme, materials and plot plans submitted to it as herein required within thirty days after such submission or in the event no suit to enjoin the erection of such building or the making of such alteration has been commenced prior to the completion thereof, such approval shall not be required and this covenant shall be deemed to have been fully complied with. The Architectural Committee shall not be liable for any approval given hereunder and any approval given shall not be considered as a waiver of any requirement of or restriction in this Bill of Assurance . Nothing herein contained shall in any way be deemed to prevent any of the owners of property in this subdivision which they would otherwise be entitled to maintain. The powers and duties of such committee or its designated representatives shall cease on and after Thereafter, the approval described in this covenant shall not be re- quired unless prior to said date and effective thereon a written instrument shall be executed by the then record owners of a majority of the lots in this subdivision and duly recorded, appointing a representative or representatives who shall thereafter exercise the same powers as previously exercised by said committee for such period as may be specified in such instrument. (12) . UTILITIES Grantor agrees to provide in the easements or right-of.way adjoin- ing Grantee ' s property paved street (s) , water, power, gas , telephone and sanitary sewer services as approved in the original development plan for the property herein conveyed. (13) . DRAINAGE Grantor agrees to provide drainage in the easement or streets - adjoining Grantee ' s property. (14) . ENFORCEMENT OF RESTRICTIONS The Grantor herein, its successors and assigns , or other property owners in the Little Rock Port Industrial Park subject to these covenants, may enforce these restrictions either by restraining order or may pro- secute at law or in equity a suit for damages or any other remedy which they may have . Invalidation of any of the foregoing conditions , restrictions or covenants by a court of competent jurisdiction in no way affects any of the other provisions which shall remain in full force and effect. -5- (15) . AMENDMENT OF RESTRICTIONS These restrictions shall be covenants running with the land and shall be binding upon the Grantee, its successors and assigns, and shall be in full force and effect for twenty-five years from the date of this Deed. These covenants or any one of them may be amended upon the approval of the owners of three-fourths of the area in the Little Rock Port Industrial Park and by majority action of the Board of Directors of the City of Little Rock . WITNESS our hands and seals this /3 day of 1977. CITY OF LITTLE ROCK, ARKANSAS By . MAYOR ATTEST: By I A C K N O W L E D G M E N T STATE OF ARKANSAS) ) ss . COUNTY OF PULASKI) On this day personally appeared before the undersigned, a Notary Public in and for the County and State aforesaid, duly qualified and acting, Don Mehlburger and Jane Czech, to me well known to be the Mayor and City Clerk, respectively, of the City of Little Rock, Arkansas, and stated that they had executed the foregoing Bill of Assurance for the consideration, uses and purposes therein mentioned and set forth. IN WITNES EREOF, I have hereunto set my hand and seal this /3,rJj day of , 1977. 66hLtektr--- Notary Public My commission expires: Ng Commission Expires 8.19 80