HomeMy WebLinkAboutBill of Assurance 081423Filed & Recorded in Official Records of Larry Crane, PULASKI COUNTY
CIRCUIT/COUNTY CLERK Fees $85.4Q
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AMENDED AND RESTATED BILL OF ASSURANCE FOR
THE CANDLEWOOD # III SUBDIVISION
'WHEREAS, Janice Ahmefty, Ossama Almefty, Jane S. Orismer, Jerome T. Grismer, and
T.J.R.B. Trust (hereinafter "Owners"), are the sole owners of a plat of land lying in the County of
Pulaski, State of Arkansas, forever known as "Candlewood # III Subdivision", of Record in the
Office of the Circuit Court and Ex-Officio Recorder of Pulaski County, Arkansas, in Plat Book C
at page 901 (hereinafter "Property" or "Subdivision");
WHEREAS, that by executing and filing this Amended and Restated Bill of Assurance,
modifying, changing and substituting the original Dill of Assurance for such Property which was
filed of record in the Office of the Circuit Court and Ex-Officio Recorder of Pulaski County,
Arkansas, as Instrument No. 89-67985, on December 20, 1989, and that said .Property now be held,
owned and conveyed, subject to this Amended and Restated Bill OfAssutance, and the prospective
covenants herein contained, in order to enhance the value of said Property;
NOW, THEREFORE, WITNESSETH:
1. LAND USE, BUILLDING TYPE AND HEIGHT RESTRICTIONS. Said
Property shall be held, owned and used only as residential building sites. No structures shall be
erected, altered, placed or permitted to remain on any building site other than a single detached
single-family dwelling, not exceeding in height 25 feet above the mean sea level elevation of each
lot measured at a point immediately outside the curb in the center of the lot, and other outbuildings
and facilities incidental and related to residential use of the premises. Television or radio antennas
or towers and other structures of every kind, whether similar or dissimilar to those named and
whether or not affixed to the principal structure, exceeding the height at the ridge line of the roof
of the principal structure by more than six (6) feet are not permitted and shall not be built.
2. ARCHITECTURAL CONTROL. No building shall be erected, placed or altered
on any property in this Subdivision until the building plans, specifications, exterior color scheme,
and plot plan showing the location and facing of such building with respect to existing topography,
adjoining streets and finished ground elevations have been approved in writing by the Owners;
provided, the Owners shall have the right, by an instrtnnent in writing, to create a Property Owners
Control Committee to be composed of not less than three (3) individual or corporate property
owners of this Subdivision, and to transfer to such Committee the full authority herein reserved.
Owners or any Property Owners Control Committee hereinafter established, shall have the sole
and absolute discretion to approve or disapprove any such plans so submitted, and such decision
shall be final and not subject to appeal or judicial review. In the event Owners or any Property
Owners Control Committee hereinafter established, fail to approve or disapprove any submissions,
as herein required, within thirty (30) days after such submission, this covenant shall be deemed to
have been fully met by the person submitting such plans for approval. Neither Owners nor any
member of a Property Owners Control Committee shall be liable for damages for any action taken
with regard to the duties herein set forth.
3. MINIMUM PRINCIPAL DWELLING RISE. No principal residential structure
shall be constructed, or permitted to remain, upon any building site in this Subdivision the square
foot roof area of which structure, exclusive of eave overhang of such principal residential structure,
is less than 1,200 square feet provided that any principal residential structure must also contain at
least 2,000 square feet of floor space area. The minimum square foot roof area set out above shall
be computed in the horizontal plane to the outside top plate line of the principal residential
structure. The minimum square foot floor space area set out above shall be the area of the building
within its largest outside dimensions. Both calculations shall be exclusive to open porches,
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breezeways, terraces, garages, carports, exterior or secondary stairways, porte-cocheres and
outbuildings.
4. LOT AREA AND WIDTH. No lot shall be divided without the written consent
of the Owners/Property Owners Control Committee and Little Rock Planning Commission first
had and obtained, and in any event no dwelling shall be erected or placed on any building site
(other than a Building site as originally platted) having a width of less than one hundred feet (100')
at the minimum building setback line, nor shall any dwelling be erected or placed on any tract or
lot (other than a tract or lot as originally platted) having an area of less than 15,OQ0 square feet.
5. EASEMENT. The persons, firms, or corporations engaged in supplying public
utility services, the same being without limiting the generality of the foregoing, electric power,
gas, telephone, water and sewer, shall have the right to use and occupy a "Utility Easement" and
a "Drainage Easement" for the installation, maintenance, repair and replacement of such utility
services. Easements for the installation, maintenance, repair and replacement of utility services,
sewer and drainage have heretofore been reserved, said easements being of various widths,
reference being hereby made to the plat filed in Plat Book C at page 901 for a more specific
description of the width and locations thereof. No excavations within the area of such easements
for the erection of any fences (wood, wire, stone or brick) or for any other purposes shall be made
which would interfere with the installation, maintenance, repair and replacement of any utility
service, and due to the fact that the electric and telephone facilities are underground, any alterations
or lowering of the surface grade of the ground in any easement and the area immediately adjoining
such easement are prohibited which would result in there being less than 36 inches of clearance
either vertically or horizontally between the surface grade and the underground electric distribution
facilities. Similarly, since the electric distribution transformer stations and service pedestals are
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installed with relation to surface grade in such a manner that any change in surface grade may
damage them, any change in surface grade within the area of the said easements and upon the lands
adjacent thereto which will damage or which will interfere with the installation, maintenance,
operation and replacement of the electric and telephone cables, facilities and equipment, and the
supplying of service from such equipment are also prohibited. No trees, incinerators, strictures,
buildings, pavements or similar improvements, shall be grown, built or maintained within the area
of such utility easements. In the event any such tree, incinerator, structures, buildings, fences,
pavements or similar improvements shall be grown, built or maintained within the area of such
easements, no utility will be liable for the destruction of same in the installation, maintenance,
repair or replacement of any utility, service located within the area of such easements.
6. ELECTRICAL. All owners of lots shall install and maintain in conformity with
applicable code requirements and other regulations only single phase electric utilization equipment
on said premises and will install and maintain underground single phase electric service entrance
conductors and underground telephone service conduits and cables beyond the point of delivery
of such utility service as located by the utility company. Exposed overhead wires and cables for
utility services are prohibited in this Subdivision.
7. SEWER CONNECTION. Each lot in this subdivision shall have a grinder pump
for treatment and pumping sewage. The pump shall be tied into a common force main as shown
on the plat. Construction and maintenance of the grinder pump, on site Force Main, Valve Box
and street crossings shall be the responsibility of each individual lot owner. The Little Rock
Wastewater Utility will be responsible only for the three (3) inch force main.
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8. NUISANCES. No noxious or offensive activity shall be conducted on any tract or
lot, nor shall anything be done thereon which may be or may become art annoyance or nuisance to
the neighborhood.
9. TEMPORARY STRUCTURES. No trailer, basement, tent, shack, garage, barn
or other outbuilding erected on a building site covered by these covenants shall at any time be used
for human habitation, temporarily or permanently, nor shall any structure of a temporary character
be used for human habitation. Provided, that nothing in this paragraph, nor any other provision of
this instrument, shall present the construction of any emergency protective shelter or any dwelling
site; provided, fiu-kher that approval of the plans, specifications and plot plan showing such shelter
and its contemplated location is first obtained in accordance with the provisions of Paragraph 2
thereof. No such shelter shall be sued for human habitation, temporarily or permanently, except
in the event of an emergency of the nature that said shelter is designed to protect against.
10. SIGNS. No sign of any kind shall be displayed to the public view on any building
site, except one sign of not more than five (5) square feet advertising the property for sale or rent,
or signs used by a builder or developer to advertise the property during the construction and sales
period.
11. OIL AND MINING OPERATION. No oil drilling, oil development operations,
oil refining, quarrying or mining operations of any kind shall be permitted upon or in any building
site, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any
building site. No derrick or other structure designed for use in boring for oil or natural gas shall
be erected, maintained or permitted upon any building site.
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12. LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind
shall be raised or kept on a building site, except that dogs, cats or other household pets may be
kept, provided that they are not kept or maintained for any commercial purpose.
13. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge or shrub
planting which obstructs sight lines at elevations between two (2) and six (6) feet above the
roadways shall be placed or permitted to remain on any corner tract or lot within the triangular
area formed by the street property lines and a line connecting them at points twenty-five (25) feet
from the intersection of the street lines, or in the case of a rounded property corner from the
intersection of the street property lines extended. The same sight line limitations shall apply on
any lot within ten (10) feet from the intersection of the street property line with the edge of a
driveway or alley pavement. No tree shall be permitted to remain within such distances of such
intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such
sight lines.
14. FENCES. No fence, wall, hedge, or mass planting shall be located or permitted to
extend beyond the minimum building setback line established herein, except upon approval by the
Owners or the Property Owners Control Committee. No fence, wall or other structure shall be
erected along property lines without prior approval of design, construction and materials by the
Owners or the Property Owners Control Committee.
15. CURBS AND GUTTERS. No obstruction shall be placed in the street gutter.
Curbs shall be broken at driveways and driveway grades lowered to meet the gutter line not more
than two inches above the gutter grade.
16. ADJOINING OWNERS RIGHT TO PURCHASE. No tract or lot, improved or
unimproved, may be sold by an owner thereof until the owner thereof shall have received a bona
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fide offer for the purchase thereof in writing and shall have given notice of such offer in writing
to the owner or owners of all lots adjoining said lot or having a common boundary line with said
lot, containing the name or names of the offeror and the price, terms and conditions of such offer;
whereupon the owners of such adjoining lots shall have a prior right to purchase said lot at the
same price and upon the same terms and conditions as are contained in such offer. The notice of
such offer shall be given to such owners of adjoining lots by registered mail addressed to such
owners at the last known address of such owners. The prior right of purchase given to the owners
of adjoining lots shall expire at 5:00 pm of the 71h day following the mailing of the notice of such
offer, excluding the day of mailing as the first day, and the mailing of such notice shall be deemed
valid and effective whether or not the same in fact is actually delivered to the owners of such
adjoining lots. The right of purchase may be exercised by giving notice hereof and delivering the
same by mailing the same by registered mail showing the date and time thereof, to the seller at his
last known address. In the event more than one owner of an adjoining lot shall exercise the right
of purchase, the owner exercising the same first in the time as determined by the registered mail
receipt of mailing shall prevail. Upon the exercise of the right of purchase, the purchaser shall
thereupon have fifteen (15) days within which to make payment and accept title to said lot and
improvements. If the owners of adjoining lots shall not exercise the right of purchase or shall waive
such right of purchase in writing, and the seller shall thereafter fail to convey the lot to the party
making the offer at the price and upon- the terms and conditions thereof, the above restrictions
against the sale thereof without giving notice of an offer therefor shall continue in full force and
effect and the right of purchase shall apply with respect to any new offer or subsequent offer and
with respect to a sale to any person other than the person named as offeror in the notice first referred
to above, without regard to time. The owners of adjoining lots may at any and all times waive in
writing the right of purchase which they have hereunder. This covenant shall run with the land
and shall be binding on all owners and successive owners of lots in this Subdivision; provided,
however, that this covenant shall expire twenty (20) years after the date of the filing of the Bill of
Assurance, unless this covenant be extended beyond said twenty-year period for a new period not
exceeding twenty (20) years by a written instrument signed and acknowledged by the owner or
owners of over fifty percent (50%) in area of the land in the Subdivision, and further extensions
maybe effected in like manner,
17. VIOLATIONS — REMEDIES. In the event of any violation or attempt to violate
any of the covenants, restrictions herein before the expiration date hereof (whether the original
expiration date or any extension thereof) any person or persons owning any lots in this Subdivision
shall be entitled to prosecute any proceeding at law or in equity against a person or persons
violating or attempting to violate such covenants or restrictions, and other to prevent him or them
from so doing and/or to recover damages for such violations.
18. AMENDMENTS. 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 instrument signed and acknowledged by the owner or owners of over eighty
percent (80%) in area (unless a lesser or a greater percentage is specified herein) of the land in this
Subdivision, and the provisions of such instrument so executed shall be binding from and after the
date it is duly filed or record in Pulaski County, Arkansas.
19. DURATION. These covenants, restrictions and provisions of this instrument shall
be deemed covenants running with the land, and shall remain in full force and effect until for thirty
(30) years from the date of this instrument at which time same shall be automatically extended for
successive periods of ten (10) years unless a majority vote of the then property owners of the lots
shall agree in writing to change said conditions and covenants in whole or in part.
20. 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.
EXECUTED in the name of Janice Almefty, Ossama Almefty, Jane S. Grismer, Jerome T.
Grismer, and T.J.R.B. Trust, this day of August, 2014.
Janic lmefty
Ossama Alme y
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e S. Grism
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Jjome T. GrisrOr
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Tru ee, T.J.R.B. Trust
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stee, T.J. .B. Trust
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ACKNOWLEDGMENT
STATE OF ARKANSAS
SS.
COUNTY OF PULASKI
On this day before me, a Notary Public, duly commissioned, qualified and acting within
and for the State and County aforesaid, appeared in person, Janice Almefty, to me well known,
with capacity to execute the foregoing instrument for and in her name, and stated and
acknowledged that she had so signed, executed, and delivered said foregoing instrument for the
consideration, uses and purposes herein mentioned and set forth.
ON TESTIMONY WHEREOF, I have hereunto set my hand and seal as Notary Public
on this n day of August, 2014.
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Notary Public
ACKNOWLEDGMENT
-STATE OF ARKANSAS
SS.
COUNTY OF PULASKI
On this day before me, a Notary Public, duly commissioned, qualified and acting within
and for the State and County aforesaid, appeared in person, Ossama Almefty, to me well known,
with capacity to execute the foregoing instrument for and in his name, and stated and
acknowledged that he had so signed, executed, and delivered said foregoing instrument for the
consideration, uses and purposes herein mentioned and set forth.
ON TESTIMONY WHEREOF, I have hereunto set my hand and seal as Notary Public
on this A-Mday of August, 2014.
My Commission Expires:
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Notary Public
ACKNOWLEDGMENT
STATE OF ARKANSAS
SS.
COUNTY OF PULASKI
On this day before me, a Notary Public, duly commissioned, qualified and acting within
and for the State and County aforesaid, appeared in person, Jane S. Grismer, to me well known,
with capacity to execute the foregoing instrument for and in her name, and stated and
acknowledged that she had so signed, executed, and delivered said foregoing instrument for the
consideration, uses and purposes herein mentioned and set forth.
ON TESTIMONY WHEREOF, I have hereunto set my hand and seal as Notary Public
on this day of August, 2014.
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Notary Public
ACKNOWLEDGMENT
STATE OF ARKANSAS
SS.
COUNTY OF PULASKI
On this day before me, a Notary Public, duly commissioned, qualified and acting within
and for the State and County aforesaid, appeared in person, Jerome T. Orismer, by and through his
Power of Attorney Jane S. Grsimer, to me well known, with capacity to execute the foregoing
instrument for and in her name, and stated and acknowledged that she had so signed, executed,
and delivered said foregoing instrument for the consideration, uses and purposes herein mentioned
and set forth.
ON TESTIMONY WHEREOF, T have hereunto set my hand and seal as _Notary Public
on this day of August, 2014.
My Commission Expires:
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Notary Public
ACKNOWLEDGMENT
STATE OF ARKANSAS
SS.
COUNTY OF PULASKI
On this day before me, a Notary Public, duly commissioned, qualified and acting within
and for the State and County aforesaid, appeared in person, Denny Grandle, to me well known,
and stated that he was the Trustee of T.J.R.B. Trust and was duly authorized in his capacity to
execute the foregoing instrument for and in the name of and on behalf of the Trust, and stated and
acknowledged that he had so signed, executed, and delivered said foregoing instrument for the
consideration, uses and purposes herein mentioned and set forth.
ON TESTIMONY WHEREOF, I have hereunto set my hand and seal as Notary Public
on this day of August, 2014.
�HANNAH SPRAGGINS
; MY COMMISSION N 12366208
. Z.,EXPIRES: June 4, 2W �.
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No ary Public
My Commission Expires:
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ACKNOWLEDGMENT
STATE OF ARKANSAS
SS.
COUNTY OF PULASKI
On this day before me, a Notary Public, duly commissioned, qualified and acting within
and for the State and County aforesaid, appeared in person, Debra Cirandle, to me well known, and
stated that she was the Trustee of T.J.R.B. Trust and was duly authorized in her capacity to execute
the foregoing instrument for and in the name of and on behalf of the Trust, and stated and
acknowledged that she had so signed, executed, and delivered said foregoing instrument for the
consideration, uses and purposes herein mentioned and set forth.
9N TESTIMONY WHEREOF, I have hereunto set my hand and seal as Notary Public
on this day of August, 2014.
• ''"� HANNAH SPRAGGINS
MY COMMISSION # 12368208 on
EXPIRES: dune 4, 2018 (j
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