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HomeMy WebLinkAboutBill of Assurance 052323 BILL OF ASSURANCE m ALL MEN BY THESE PRESENTS: 300K1347 PAGEi?-} THAT, WHEREAS, First Service Corporation, hereinafter called "Allotter", is the owner of lands lying in the County of Pulaski, State of Arkansas, described as follows: A tract of l@nd located in the North one—half (N4) of Section 15, T—1—N, R—l3-w, more particularly described as follows: Starting at the Southeast corner of the SW4 NEk, Section 15, T—l—N, R—13—W, i Pulaski County, Arkansas, said point being in the intersection of . Romine Road and West 36th Street; thence N 890 52‘ 45" w, along the South line of N4 said section, 682.6‘ to the point of beginning; thence N 899 52‘ 45" W and continuing along said South line 1195.0‘; — thence N 0° 07‘ 15" E 40.0‘ to a point on the North right—of—way of West 36th Street; thence N 7° 24‘ 07" E, 325. 14'; thence N 34° 40‘ 13" W, 405.04‘; thence N 20 33‘ 37" EB 658.52*; thence East 127.15‘; thence N 30° 05‘ 30" E, 241.13‘; thence N 399 45‘ E 190.0‘; thence N 670 30‘ E, 325.0‘; thence N 419 15‘ E, 352.0‘"; thence N 37° 30‘ E, 207.0‘; thence North 359.93‘ to a point on the North line of said Section 15, thence S 899 47‘ E and continuing along said North section line 1009.37‘ to the NE corner of the NW4 NEs said section, said point being the centerline of Romine Road right—of—way; thence South along the East line of said NW4 NE4 1309.01‘; thence N 899 50‘—W, 678.5‘; thence S 0° 10‘ 45" W 1312.7‘ to the point of beginning containing 3,480,113.24 Sq. Ft. or 79.89 acres more or \ less. Byretnti oo urem es roano moorncrn mss m oo n on oo noenane ce ce ons o oo emnerone mor mom en n x And, it is deemed dgsirable that a part of the above described property be now subdividéd into building lots and strsets, as shown on | . the plat filed herewith as more particularly designéted hereinéfter, and that said pfoperty be held, owned and conveyed.sfibject to the protective covenants herein contained, in order to enhance the value of said property. NOW, THEREFORE,:First Serviéé Corporation, for and in‘consideracion' of the benefits to accxue to 1t, lts successors and assigns,. which benefits it acknowledges to be of value, has caused to be made a plat filed herewith showing surveys made by Mehlburgér Engineers, Inct, & executed by it July 15, 1975 and bearing a certificate of approval executed by the Little Rock Plann#@g.Committee, said plat showing the ,-' bounds and dimensions of the now being subdivided into lots ané as shown thereon. 2C streets, described by wm a cadme s n 0 ssoc 134 7 ul 64 Allotter horoby donates and dedicates to the public an casetment of way on and over such of the real property owned by it desiqgnated as streets on said plat to be used by the public as public streets. In addition to the said streets, there are shown on said plat certain easements for @rainage and utilities which Allotter hereby donates and dedicates to and for the use by public utilities, the same being without limiting generality of the foregoing electric power, gas, telephone, water, and sewer, with the right herefiy granted to the persons, firms or corporations engaged in the supplying of such utilities, to use and occupy such easements, and to have free ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility services. 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 shall be a valid and complete delivery and dedication of the streets and easements subject to the limitations herein set out. The lands embraced in said plat shall be forever known as "Kensingto® Place, a Subdivision in the City of Little Rock, Pulaski County, Arkan: and any and every deed of conveyance of any lot in said subdivision describing the same by the number or numbers shown on said plat shall | always be deemed a sufficient description thereof. Said lands herein platted and any interest therein shall be held, * owned and conveyed, subject to and in conformity with the following covenants which, subject to being>amended or cancelled as hereinafter provided, shall be and remain in full force and effect until January 1, 1982, to—wit: peFINTTION or TERMS USED $ a>+y v For the purpose of these restrictions, the word "s%}_m"’m Bd y ++ ow Cg oc ¥4C, . ',_1_- wm1347mm175 The word "outbuilding" shall mean an enclosed, covered structure not directly attached to the residence to which it is apfiurtenant The word "lot" shall mean lot as platted. A corner lot shall be deemed to be any lot as platted having more than one street contiguous to it. RESTRICTIONS 1. Use of land. No lot shall be used except for residential purposes. No building shall be ereqted, altered, placed, or permitted to remain on any lot o#her than one— single—family dwelling not to exceed two and one—half storieés in height and must include a private garage, or carport, for not less than two cars. 2. Architectural Committee. No building shall be erected, placed or altered on any lot in this subdivision until the building plans and specifications therefor, exterior color scheme and materials therceof, and plot plan, which plot plans show the location and facing of such building, have been approved in writing by a majority of an architectural committee of three persons to be'designated by allotter or their duly authorized representatives, representative or successors. In the event ® of the death or resighation 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, Oor 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 ‘In the event the architectural commiktee ors as above set forth. j cifications, color L. sn as predess fails to approve or disapprove any such plans, spe scheme, materials and plot plans submitted to it as herein requlred r such submission, . such approval shall be within thirty (30) days afte ant shall‘be deemed to have been fully complMMe# ot be liable for any approval presumed and this coven with. The architectural committee shall n 100 13347 u1 76 given hereundar and any approval given shall not be considered as a waiver of any roquirement of or restriction in this bill of Assurance. If any person erccting any improvements in accordance with approved plans and specifications deviates from such approved plans and specifications then the committee, or any owner of lands in this addition, may enjbin the continuing erection of such improvements, and if such improvements are completed and do not conform or comply wieh such approved plans then, for a period of 60 days after completion, the committee or any owner may bring an action against the person making the improvement, or any owner thereof, to require compliance or alteratively the removal of the non—complying improVements. Nothing herein contained shall in any way be deemed to prevent any of the owners of property in this subdivision from maintaining any legal action relating to the improvements within this subdivision which they would otherwise be entitled to maintain. The powers and duties of such committee or its designated representatives shall cease on or after January 1, 1982.. Thereafter the approval described in this covenant shall not be required unless prior to seid 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. 3; . Ground Frontage & Placement. No lot shall be subdivided without the written consent of the architectural committee and Littlke Rock Planning Commission first had and obtained, and in any event no y\ "hy dwelling shall be erected or placed on any building site having a width of less than 60 feet at the minimum building setback linc, nor shall anyj* . dwelling be erected or placed on any lot having an area of less than mig c , . 0 Do uy k2 > 7,000 square feet, provided that if such area requirement is met the rx€ 0 .c #‘% L prohibition against subdivision of a lot shall not be applicable to tha . * sale of a fractional lot. No residence shall be allowed to front O¥ w have a driveway entry from West 3j6th Street on Lots 212, 213, 222%, 223,° .« 224, 225, 182, 183. m y e t soox1347 P‘,615177 4. _EE_EESE_EgggggggggggL No residence shall be: looated on any lot nearer to the front lot~line or nearer to the side street line than the minimum building set—back lines shown on the recorded plat. No . building shall be located nearer to an interior lot line than a distance of 10% of the average width of the lot provided, however, that .such @istance need not exceed 8 feet, except that a permltted‘accessory ~ building located 35 feet or more from fhe minimum:bnilding'set-back line may be placed not nearer than 5 feet from the side or rear lot line. No principal dwelling shall be located on:any lot nearer‘ than 25 feet to _the rear lot line. Fef“the purposes-bftthis covenant, eaves, steps.and porches not under roof : shall not be con51dered as a part of the building. No air conditioning compsessor shall be located closer than 10 feet from a side lot line separatxng ad301n1ng building 51tes. 5. Height and Type of Residence. No resiéence shall be erected, : altered, placed or permitted to remein on any lot-in:said addieion_other_ than one detached sing;e—family residenee not to‘e#ceed twoland one—half stories in height and-having\a privete-garage or carport for not less than two cars. ~. ut es _ ' 0C x 6. Area. No deeiling shall be constructee or permitted to remain upon any lot in this subdivision which has a finished heated living area measured in a horizontallélane to the face of ehe outside wall at the . "~ top plate line of such-dwellingjless than 1325jsquare feet, e#eept as * ~ provided hereinafter: (a) Two or More Levels — Basement Type. If a dwelling has ‘ . ~~ finished heated living ereeion a different level, and the finished fileor levels of;such areas are separated by more than eighe feet measured'vertically, then such dwelling shall . have at least 900 square feet of finished heated living ‘area measured in a horizontal plansito the face of the outside wall at the top plate line of such dwelling, and shall have at ‘least a total of 1,600 square feet of finished heated living . .'%f‘ area: however the tope plate line amount of floor space may be > 12 reduced from 900 square feet of finished floor space to 800 — // square feet of finished heated floor, if the double gyarage 800X 1347 mor1 78 area of not less than 450 square feet is also on the top plate line" level, and the total heated finished area in the dwellxng is not less _ than 1,600 square feet of floor space. Two-Storx and Stogx-and—a—nalf. If a dwelling has finished heated living areas on two or more 1evels or stories, which levels or stories are 1mmediately above and below eaeh other measured verticaily and all of such levels or stories are _ above theAfinished exgerior grede of such dwelling,ethen such dwelling shall have at least 800 square feet of finished heated living area measufed in a horizontal_plane to the face of the ontside wall at the top plaee line of the first level or story, of snch dwelling and shall have at 1eas£ a total of 1,600 square feet of finished heated_iiving area, provided, however, that the top story or levei.may have less than 600 square feee of finished heated living area if the first level or story shell have ae.leest 1,100 sqnare feet of finished heated living area measured in a horizental plane to the face of the outside wall of the first level or story of such dwelling and such dwelling shall have at least a total of 1,600 square feet of finished heated living area. In the computation of finished heated living area, the same shall not ‘— i include any basement or attic area used for storage. Tri—Level & Split Levels. If a dwelling has heated finished areas not separated by a full 8 feet or more, measured verticaliy, (normally refefred to as tri—level or split level blans) then | the top plate line of all top floors must equal 1,200 square < feet and the total heated and finished area ef ail floors must equal not 1ess than 1,500 square feet. The floor space computed along the top plate line may include garage and storage areas in this type residence provided that.at least 800 feet of the area is heated and finished living area, and the total heated and finished areas of all floors equals not less than 1,500 square feet. 900K13 47' PAGE 79{ (a) Garagea and Carggrts All residences shell have an. attached garage or carport for not 1ess than two automobiles. Residences with carports shell have an enclosed:© area of not less than 100 w square feet for general storage accessihle grom the'outeide; 7. Excavation & Fill. No lot shall be excavated or filled to exceed 2 feet above or below its original grade at any point closer than < 10 feet from its side houndary, and in'such excavation'or'fills the fil1 _ shall taper to the original grade at 1ot boundary unless permisszon is obtained from the a301n1ng property owner agreeing to the proposed . change. 8. _ Building Material Reguirements. No resxdence shall be erected, . placed or constructed on any lot 1n thls addltlon unless at least 70 percent of the exterior walls thereof be brick, brick veneer, stone or stone veneer, stucco, or other masontf acceptable-to the Architectural Committee; provided,:hbwever, that-the'area.of all windows and doors located in said extetlor ealls shall be excluded invthe determination‘of the area of said exterio?_walls; and further provided that where a gable Atype roof is constructed:and a part of the exterior wall is eXtended above the exterior room ceiling line due to theiconstruction of such gable type roof, then that portlon of such wall extendlng above the exterior room ce111ng height may be constructed of wood material and shall —also be excluded;from the square foot area in_the determination of the area of exterior wells of saiditesidence. fhe Architectural Committes shall haue the rlght to reduce the bulldlng material requlrements set forth above. No residence shall be: constructed with a heatlng unit or storage in the attlc without a stairway (folding or rigid) convenient to . — such location. 9. _ Existing Structure. No éxisting, erected building or structure of any sort may be moved onto or placed on any of the above—described plots. 10. Fences. Noifences, enclosure or part, of any building of any , ‘— "% type or nature whatsoever shall ever be constructed, eiected, plaged ..{iéfif y 457 L MX T 800+ .1 )4/ mm,.i BJ maintained closor to the front lot lino than the building satback lina applicable and in effect as to each lot; provided, however, that it is not the intention of this paragraph to exclude the use of evergreens or other shrubbery to landscape front yards. 11. Commercial Structures. No building or ltruotute of any sort may ever be placed, erected or used for business, professional, trude or commercial purposes on any portion of any lot. This prohibition shall not apply to any business or structures that may be placed on any lot or _ portion of a lot that is used exclusively by a public utility company in .. connection with the furnishing of public utility service to the area. 12. Qutbuildings Prohibited. No outbhuilding or other detached structure appurtenant to the residence may be erected on any of the lots hereby restricted without the consent in writing of the Architectural Committee. 13. Livestock and Poultry Prohibited. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot or part thereof, except that dogs, cats or other household pets may be kept provided they are not kept, bred or maintained for commercial purposes®. ° 14. Noxious Activity. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any trash, ashes or other refuse be thrown, placed or dumped upon any vacant lot, nor shall anything;‘ ever be done which may be or become an annoyance or nuisance to the neighborhood. No vehicla may be stored or allowed to be parked on any <,: lot unless said vehicle is in euident good operative condition and located on ariveway or an app}cpriate location behind building line. & a 15. Billboards Prohibited. The construction or maintenance 6# ‘_i;f billboards or advertising boards or ntruoturea,on any lots is speci!ioel&?lf prohibited‘except that billboards advertising the sale or rental o% such property are poermitted provided they do not exceed 8 square feet in size. Iron pins hnave been set on all lot corncers and points of survey and all lots Gimensions shown on curves and chord distances, and all curve data as shown on the attached plat filed is center line curve data. ~.In the event of minor discrepancies between the dimensions or distances as shown on the attached plat and the actual dimensions or distances as disclosed by the established pins, the éins as set shall control. 17. Drivevway Obstructions. No obstruction shall be placed in the street qutter. Curbs shall be broken at driveways and driveway grades lovered to meet the gutter line not more than two inches above the gutter grade. 18. Add On or Altering of Construction. No residence shall be altered, converted or added on to in any way that such change will violate any of the requirements of this Bill of Assurance. 19. Temporary Structures. No trailer, basement, tent, shack, garage, barn or other outbuilding shall at any time be used for human habitation, temporary or permanently, nor-shallvanyhstructure of temporar?v * 2 character be used for human habitation. 20. Site Line Restriction. No fence, wall, hedge or shrub planting ‘ 5 t. which obstructs sight lines at elevation between one(1) and Six (6) feet ~ above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property line and a 2 "1>% line connecting them at points‘fifty (50) feet»from the intersection of | the street line, or in the case of a rounded property corner from the | intersection of the street property lines extended. The same sight linex limitation shall apply on any lot within ten (10) feet from the intersection of a street property line with thecedge of a driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersgction + unless the foliage is maintained at sufficient height to prevent obstrucfi&am , of such sight lines.> * wed347 me82 000000000 007 21. Easements for Public Utilities & Draiggfie. Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have heretofore been donated and dedicated, said easements being of various widths, reference being hereby made to the plat filed herewith for a more specific description of width and location *> thereof. No trees. shrubbery, incinerators, structure, buildings, fences, pavement or similar improvements shall be grown, built or maintained within the area of such utility easements. In'the event any trees, shrubbery, incinerators, structures, buildings, fences, pavement or similar improvements shall be grown, built or maintained within the area of such easements, no person, firm or corporation engaged in supplying public utility services shall be liable for the destruction of same in the installation, maintenance, repair or replacement of any utility service located within the area of easement. 22. Common Use Areas. In the olat of Kensington Elace Addition to the city of Little Rock, Arkansas, the Allotter hes designated certain areas of land as Tract A, B, C, and D, intended as recreation areas and . for related activities for the property owners in said Addition and as set forth in the Kensington Place Homes Association Declaration, dated , 1975, which said Kensington Place Homes Association Declaretion is hereby incorporated into and made a part of this Bill of: Assurance. 23. Property owners Association. The purchaser or oenef of any property in the Kensington Place Addition, by acceptance ofvtitle, agrees to become and shall be a member, and have membership in the Kensington Place Homes Associatiohc and also agrees to abide by the * rules and regulations of the Association Declaration, Articals of Incorporation and the sy—laws. Any purchaser or owner ot properties within said Kensington Place Addition agrees to pay to said association the annual dues or assessment (for the purpose of improving and maintaining the Common Use Areas) which may be fixed by rules and regulations of the Association, but shall not exceed Twenty dollars ($20) for each lot occupied by a ;;Q:a&,-f — ' — *o * h i residence, per annum. Such dues or assessments shall be a lien upon th@e . «* t lots; but such lien shall be subordinate to any mortgage or vendors lism encumbering the said lots. . © 6004 . 2+ ra l . wox1347 PAGE18-3 c 24. Right to Enforce. In the event of any attempt to violate any of the covenants or restrictions herein, before the expiration date hereof, it shall be lawful for any person or persons owning a lot or lots in said Addition to prosecute any proceedings at law or in equity against the person or persons viclating or attempting to violate any such covenant or restrictions and either to prevent him or them from so doing or to recover damages or other dues for such violation. 25. Separability. Invalidation of any restriction set forth herein or any part thereof by an order, judgment or decree of any court, or otherwise, shall not invalidate, or affect any of the other restrictions . or any part thereof as set forth herein, but they shall remain in full force and effect. 26. Modification of Restriction. Any and all of the covenants, provisions or restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed‘or cancelled in whole or in part, by a written instruction signed and acknowledged by the owner or owners of more than 51% in area of the land in this subdivision and the provisions of such instrument so executed shall be approved by the Little Rock Planning Commission and shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. The Allotter so long as it is the owner of’at least 50% in area of the land in this subdivision may, with the approval of the Little Rock Planning Commission, also to amend, modify or change the plat of this Subdivision, including the designation of easement areas, provided such change does not affect any lots in this subdivision not then owned by the Allotter. These covenants, restrictions and provisions of this instrument shall be deemed covenants running with the land and shall remain in full force and effect as hereinabove and upon the expiration thereof on January 1, 1982, shall automatically be continued thereafter for successive periods of ten years each, unless terminated or cancelled as herein provided. WITNESS our hands and seals this l6th day of __July , 1975. FIRST SERVICE CORPQFATION y » . LITTLE ROCK PLANNING COMMIS$IOF * . 2 ‘co en By VYeF i) :.:»z.a;~ ren CC caAK unOK1347 PA55184 C STATE OF ARKANSAS — ) ) ss: — ACKNOWLEDGEMENT COUNTY OF PULASKI ) On this 16 day of inru, , 1975, before me, * __;fi2fig_i1224Q£L£=t§21L:£4_______, a Notary Public, duly commissioned and aoting, within and for the said County and State, appeared in person the within named First Service Corporation, to me personally nell known, who stated that they had executed the foregoing instrument in behalf of the said First Service Corporation, and further stated and acknowledged that they had so signed,,executedband delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. : _ 6. ho IN TESTIMONY WHEREOF, I have hereunto set my hand this JG*— (’l day of lfibéi. , 1975. / 7 ‘77 2[ (’Lfil on Aul yX s ied t EP / Notary Public My ‘Commission Expires: POR PLAT, SER PLAT BOOK 36, PAGE 18@‘ > s s L P77 toke 1R C {eges ulC | P aos Ho Qoob FILBD P42 2ECORD e 192 ;% 1 _» o : «2 R RE & ar o :20 agzu. , ais® FCO: } (SE/;SL) ROGER MeNAIR,, CIRCUIT CLERK