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HomeMy WebLinkAbout5829 RESOLUTION NO 5'829 A RESOLUTION AMENDING THE ORIGINAL BILL OF ASSURANCE FOR 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. That certain Bill of Assurance dated December 16, 1971 given by the City as Grantor to the Public and applicable to certain lands in the Little Rock Port Industrial Park, filed of record in the Office of the Recorder of Pulaski County in Book 1175 at Page 543, is hereby amended and said Amended Bill of Assurance shall be in form and substance as follows : AMENDED BILL OF ASSURANCE CITY OF LITTLE ROCK, ARKANSAS TO THE PUBLIC: WHEREAS , the City of Little Rock, Arkansas a municipal corp- oration organized pursuant to the laws of the State of Arkansas, hereinafter called Grantor is the owner of more than three-fourths of the area in the Little Rock Port Industrial Park, described in the Bill of Assurance dated December 16 , 1971 and recorded in Book 1175 at Page 543 of the records of the Office of the Recorder of Pulaski County, Arkansas , and desires to amend the Bill of Assurance heretofore granted to the public by the City of Little Rock. WHEREAS , the City of Little Rock as grantors desire to delete from the Bill of Assurance referred to above Restriction No. 11 styled Development of Property and Resale of Land and Restriction No. 12 styled Architectural Committee and to amend Restriction No . 5 styled Setback Requirements to read as shown in Restriction No. 5 hereof. NOW, THEREFORE, the City of Little Rock, Arkansas as grantors hereby amend the Bill of Assurance dated December 16 , 1971 and filed for record in Book 1175 at Page 543 of the records of the Office of the Recorder of Pulaski County, Arkansas pursuant to Paragraph 16 thereof to read as follows : 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 covenants and restrictions , to- wit: (1) TYPE OF BUSINESS ALLOWED The property in Areas 101, 102 , 103 , 104 , 300 , 301, and 302 herein conveyed shall be used only for industrial, manufacturing, warehousing or distribution purposes . It shall not be used for residential purposes , nor for the retail sale of any merchandise or services , except that any occupant of the property, either owner or tenant, may sell at retail those products which are manufactured or handled at wholesale by the occupant. The financing of the sale of such merchandise is expressly permitted, as is the retail sale of food, beverage and other such convenience items to occupant' s employees so long as these items are not offered for sale to the general public. The purpose of this restriction is to prohibit the- • -2- operation on this property of any business devoted primarily to the retail sale of merchandise or to the furnishing of services to the general public. The property in Areas 201 , 202 , 203 and 204 is zoned "I" 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 appli- cable 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 insurance rates of the adjoining property or for any purposes which constitute a menace in the generally accepted definition of that term. (4) POLLUTION No industry or other business shall be established, main- tained, or permitted on this property which produces and discharges objectionable effluent - smoke,- dust, noise, odor, glare or vibra- tion. Determination 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 75 feet from the right-of-way of Fourche Dam Pike and Frazier Pike, 70 feet from the right-of-way of all other major streets and 50 feet from the right-of-way of all minor streets . The building line shall be a -3- 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 requirements , however, truck docks must be so situated that trucks , tractors, or trailers , or any combination 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 Areas 101, 102 , 103 , 104 , 201, 202, 203 , and 204, no goods , equipment, supplies or other materials shall be stored in the open except on the rear two-thirds (2/3) of said property, and then only when such open storage is fenced with a screening fence at least six (6) feet in height. All fencing for screening, security or other purposes shall be attractive in appearance and shall be of 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 driveway is being connected is prohibited. -4- (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 . (10) SIZE OF BUILDINGS No building or other structure shall be built or maintained which covers more than 40 percent of the total land area in the above described plot. (11) UTILITIES Grantor agrees to provide in the easements or right-of-way adjoining 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. (12) DRAINAGE Grantor agrees to provide drainage in the easement or streets adjoining Grantee 's property. (13) 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 prosecute 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 effects any of the other provisions which shall remain in full force and affect. -5- (14) AMENDMENT OF RESTRICTIONS Grantor agrees to invoke substantially similar restrictions in all subsequent conveyances of similar industrial land. 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 (25) 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 (3/4) 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. Except for the deletion of the two identified restrictions above the original Bill of Assurance applies to all the lands described in a certain Plat filed in Plat Book 27 at Page 86 of the Office of the Recorder of Pulaski County, Arkansas . WITNESS our hands and seals this day of 1977 . CITY OF LITTLE ROCK, ARKANSAS By MAYOR ATTEST: By CITY CLERK APPROVED: LITTLE ROCK PLANNING COMMISSION By A C K N O W L E D G E M T M 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 WITNESS WHEREOF, I have hereunto set my hand and seal this day of , 1977 . Notary Public My commission expires : -8- SECTION 2 . This Resolution shall be in full force and effect from and after its adoption. ADOPTED: October 18, 1977 ATTEST: APPROVED: 0. , City Cler Mayor