HomeMy WebLinkAboutS-1563 ApplicationKanis Creek Subdivision
To The Public
CORRECTIONAL Bill of Assurance
2007022191
03/21/2007 11:57:34 AM
Filed & Recorded in
Official Records of
PAT 01BRIEH
PULASSKI COUNTY
CIRCUIT/COUNTY CLERK
Fees 135.00
The purpose of this CORRECTIONAL Bill of Assurance is to ai
Instrument 2007020278, Dated 3/14/07, recorded in the Official
of the Pulaski County Circuit Clerk.
Change were made to the following paragraphs titled: Property Owners
Association and Common Ammenities.
Know all men by these presents:
That whereas, KCA DEVELOPMENT, LLC., hereinafter referred to as the
"OWNERS" are the owners of the following described land situated in the county of Pulaski,
State of Arkansas, to -wit:
LEGAL DESCRIPTION:
Part of Tract 5, Sach's Suburban Tracts, located in the South 1/2 of Section 6, Township 1
North, Range 13 West, Little Rock, Pulaski County, Arkansas more particularly described
as follows: Beginning at a 1 inch pipe marking the Southwest Corner of said Tract 5;
thence North 02 deg. 37 min. 52 sec. East along the West line of said Tract 5 for a
distance of 375.83 feet to a point on the South right-of-way line of Pride Valley Road,
being 30.00 feet from the centerline thereof, thence South 88 deg. 56 min. 19 sec. East
along said South right-of-way line for a distance of 1017.49 feet to the Westerly right-of-
way line of Kanis Road, being 45.00 feet from the centerline thereof; thence South 35
deg. 39 min. 39 sec. East along said Westerly right-of-way line for a distance of 433.57
feet; thence North 88 deg. 30 min. 52 sec. West for a distance of 641.99 feet; thence
South 02 deg. 39 min. 22 sec. West for a distance of 40.02 feet to a point on the South
line of said Tract 5; thence North 88 deg. 18 min. 29 sec. West along said South line, for
a distance of 643.98 feet to the Point of Beginning, containing (419,204) 9.62 acres, more
or less.
NOW, Therefore, Witnesseth:
The owners have caused the said tract of land to be surveyed by Randy Alberius, a
professional land surveyor, and plat thereof made, which is attached hereto, showing the
subdivision of said tract of land into lots and streets, and make this Bill of Assurance. The
name of this subdivision has been approved by the Assessor's Office of Pulaski County. All
street names have been approved by the City of Little Rock. Any replat of this subdivision
will be submitted to the Little Rock Planning Board.
The lands embraced in said plat shall be known as Kanis Creek Subdivision, to the
City of Little Rock, Pulaski County, Arkansas. The lots are numbered (1) one through (50)
fifty, in the plat filed herewith, the size of lots designated as shown on said plat, and any and
every deed of conveyance of any lot designated as shown on said plat, and any and every
deed of conveyance of any lot in said subdivision, described by lot number as shown on said
plat, shall be held and determined as sufficient description for the conveyance thereof subject
to the reservations, covenants, and restrictions as hereinafter set out. Tract A & B are
reserved for use as detention areas for the subdivision and accordingly are not subject to the
restrictions, building or use restrictions contained in this Bill of Assurances that would be
inconsistence with their dedicated use.
PROPERTY OWNERS ASSOCIATION
In connection with the platting of the Kanis Creek Subdivision and filing of this Bill
of Assurance, the Owner has also established the Kanis Creek Property Owners' Association,
Inc. an Arkansas non-profit corporation incorporating the lands within the Subdivision for
the purposes of owning, operating and maintaining the common properties and common
amenities of the Subdivision for the Subdivision Lot Owners. Each Lot Owner in the
Subdivision, by purchasing or otherwise owning a Lot in the Subdivision, agrees to and
acknowledges that any such Subdivision Lot so owned shall be subject to such assessments
when levied, in whatever amounts such association may determine, and agrees to pay such
assessments when due. Such assessments if not paid when due shall be a personal obligation
of Lot owner for which a lien shall attach to the owned Lot. Such liens are subordinate to
purchase money mortgages on the Lots.
ADDITIONS TO EXISTING PROPERTY
A. Additional lands of the Owners may become subject to this Bill of Assurance in
the following manner: The Owners shall have the right but not the obligation to bring within
this Bill of Assurance additional properties, regardless of whether or not said properties are
presently owned by the Owners, in future states of the development, provided that such
additions are in accord with the general plan of development which has been prepared prior to
the date of the Bill of Assurance and prior to the sale of any Lot and is maintained in the office
of the Owners, and provided such proposed additions, Property Owners Association that may be
formed for their share of expenses. UNDER NO CIRCUMSTANCES shall this Bill of
Assurance or any supplement or the general plan bind the Owners to make additions or to
adhere to the plan in any subsequent development of land shown on the general plan. Nor shall
the Owners be precluded from conveying lands in the general plan not subject to this Bill of
Assurance free and clear of this Bill of Assurance.
B. The additions authorized shall be made by the Owners filing of record a
Supplemental Bill of Assurance with respect to the additional property which shall extend the
covenants and restrictions of this Bill of Assurance to the additional property, and the Owners of
Lots in those additions shall immediately be entitled to all rights and privileges provided in this
Bill of Assurance.
C. The Supplemental Bill of Assurance may contain additions and
modifications of the covenants and restrictions contained in this Bill of Assurance
necessary to reflect the different character, if any, of the added properties as are not
inconsistent with this Bill of Assurance. In no event, however, shall such supplement revoke,
modify or add to the covenants established by this Bill of Assurance for the above described
Property.
D. No one other than the Owners shall have the right to subject additional lands to
this Bill of Assurance.
The restrictions and covenants applicable to the lots, which run with the land, shall be
and are as follows:
1. Land use and Building Type: All lots shall be used for residential purposes, no
structure shall be erected, altered, placed, or permitted to remain on any lot other than one
detached, site built, single-family residence with a minimum heated floor area of (1600)
sixteen hundred square feet for a single story and a minimum (1900) nineteen hundred square
feet for a two story. Each residence must include at least a double garage to house at least
two motor vehicles. No lot as shown on the attached plat shall be subdivided, but one or
more contiguous lots may be combined and utilized as a single plot. All foundations must be
veneered with brick, dryvit or rock. Said single-family residences must be site built and the
heated space of such residence must not be less than sixteen hundred (1600) square feet for a
single story and nineteen hundred (1900) square feet for a two story. All structures must
have at least 100% brick, masonry, dryvit veneer or hardi board concrete siding. The roof
pitch shall be at least 8/12. All shingles used for roofing shall be architectural unless
approved by the Architectural Control Committee.
2. Building Location: No residence, garage or outbuilding shall be located on any lot
nearer to the side street line, than the minimum set back lines shown on the recorded plat. In
any event, no residence shall be located on any lot nearer than 15 feet to any side street line.
No residence shall be located nearer than 5 feet to an interior lot line.
3. Easements: Easements for installation and maintenance of utilities and drainage
facilities are reserved as shown on the plat. Said easements are subject to the reservations and
conditions herein above and hereinafter mentioned.
4. Temporary Structures: No tent, shack, hutment, barn or structure of a temporary
character shall be erected, altered or permitted to remain on any lot; neither shall any garage,
motor home, trailer, or outbuilding of any kind at any time be used or occupied as a
residence, temporarily or permanently. All residential construction within the subdivision
must be completed within a reasonable time from the beginning of construction. For purpose
of this paragraph one (1) year is deemed to be such reasonable time.
5. Si -i s: No sign of any kind shall be displayed to the public view on any lot,
except, one professional sign of not more than five square feet advertising the property for
sale or rent or signs used by a builder to advertise the property during the construction and
sales period.
6. Fences: All fencing placed, erected, or altered on any lot must be constructed of
wood, brick, or wrought iron. No fencing is allowed to extend beyond the front of any
dwelling. Any corner lots with street or road frontage on their side lot lines are prohibited
from constructing any fencing within 15 feet of the road right-of-way or the setback line,
which ever is greater. All fences must be professionally installed; not exceed a height of 6
feet and be subject to the approval of the Architectural Control Committee as to design,
materials and appearance. The Architectural Control Committee reserves the right to
authorize variances pertaining to paragraph #6 fences.
7. Owner Responsibility. Any property owner shall insure that any contractor
performing services for the property owner shall comply with the provisions herein and
governmental permitting.
8. Contractor Responsibility. No contractor shall damage in any way the utilities or
streets in any manner. Any such damages shall be repaired or replace at the expense of the
property owner for whom the contractor was employed or serving.
9. OiI and Mining Operations. No oil drilling, oil development operations, oil
refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor
shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot.
No derrick or structures designed for use in boring for oil or natural gas shall be erected,
maintained or permitted upon any lot.
10. Motor Vehicle Entrances and Drives. Driveways shall be constructed only of
concrete or masonry. Driveways and sidewalks to be constructed and finished by approved
professionals.
11. Water SWply: No individual water supply systems shall be allowed. Each lot is
required to connect to the public water system.
12. Sewage DiMosat: No individual sewer systems shall be allowed. Each lot is
required to connect to the public sewer system.
13. Lot. Yard and Home Maintenance: All property owners after acquisition, and
before completion of construction of any lot, shall completely sod all front, back, and sides of
each house, and shall keep all grounds and yards mowed, trimmed, and clean (see paragraph
#21 Landscape). All houses must be maintained, painted, and stained. No deviation from the
original plans shall be permitted without WRITTEN approval of the Architectural Control
Committee.
14. Completion of Construction: Any dwelling must be completed in its entirety
within a period of (1) one year from date such construction is commenced.
15. Architectural Control: No dwelling or structure shall be erected, placed, or
altered on any lot until the construction plans and specifications and a plan showing the
location of the structure, have been approved by the Architectural Control Committee in
writing. All construction must be performed by competent builders. Lot owners shall submit
the name and qualifications of the builder selected to construct a dwelling, who must be
approved. No duplications of exterior of existing houses in the subdivision shall be
permitted. The Architectural Control Committee reserves the right to grant variances. Any
variance must be granted IN WRITING.
16. Plans and Specifications. Two (2) complete sets of final building plans and
specifications for any structure, including, but not limited to, any building , fence, coping,
wall, or other structure(s) to be erected on any lot shall be submitted to the Declarant for
written approval before any construction may begin. Until further notice by Decalrant, all
such plans shall be submitted to Declarant at 11708 Kanis Road, Little Rock, AR 72211.
Included in such plans shall be:
1. Plat plans showing location of structure(s) on the Lot and measured
distances to the structure from front, back and side lot lines.
2. Exterior elevation drawings of all sides of the building(s).
3. Detailed floor plan including total square footage of heated and
cooled space.
4. Exterior type of materials and color scheme.
5. Description of roof treatment.
6. Location and plans for garage and driveway.
7. Location and width of sidewalks in the areas shown on the Plat.
8. The name, mailing address, and telephone number of applicant.
9. Landscape Plan.
10. Completed Plan Submittal Form.
17. Membership of the Architectural Control Committee: The Architectural Control
Committee is composed of Randy Alberius, John Brooks and Larry Remsing. A majority of
the committee may designate a representative to act for it. In the event of death or resignation
of any member of the committee, the remaining members shall have full authority to
designate a successor. Neither the members of the committee nor its designated
representative shall be entitled to any compensation for services performed pursuant to this
covenant. The members of this committee shall in no event be personally liable or
responsible to any owner in this Addition for their actions.
18. General Restrictions:
A. No noxious or offensive activity of any kind shall be carried on upon any
lot in this subdivision, nor shall anything be done thereon which may be or become an
annoyance or nuisance to the neighborhood. No business or commercial use shall be carried
on or permitted in any structure or in any portion of said subdivision.
B. No animals, livestock, or poultry of any kind shall be raised, bred, or kept
on any lot, except that dogs, cats, or household pets may be kept, provided they are fenced
and maintained in a manner that is neither noxious, offensive nor a nuisance to the
neighborhood.
C. No lot or easement shall be used or maintained as a dumping ground for
rubbish, trash, garbage, or other waste. All rubbish, trash, garbage or other waste shall be
kept only in sanitary conditions and out of site from the subdivision streets and roads. All
incinerators or other equipment shall be kept in a clean and sanitary condition and out of site
from the subdivision streets and roads. Such materials shall not be allowed to accumulate,
and must be periodically removed from the premises to a landfill at intervals no less frequent
than the schedule of commercial disposal services available to residence of the subdivision.
D. No lot in said subdivision shall be used for the purpose of parking
commercial, industrial, or drilling equipment or inoperative automobiles or for the salvage or
repair thereof. All automobiles and trucks garaged or kept in the subdivision shall be
operable and currently licensed. Automobiles, including pick up trucks are allowed to be
kept on each lot for the owners of the lot and their resident, licensed children but not to
exceed a total of 4 such vehicles for each lot. Boats, recreational vehicles, and trailers shall
not be parked at the front of any dwelling or in the street and must be parked in garage or
back of the dwelling. Swimming pools are permitted.
E. The Architectural Control Committee must approve the location, color,
size, design, lettering, standards, brackets, name signs and all other aspects of all mail or
newspaper delivery boxes prior to being placed on any lot or site. All letter and delivery
boxes shall be principally brick so as to blend with the dwelling, unless otherwise approved
by the Architectural Control Committee
F. No lot in said subdivision shall be used for the purpose of accessing an
adjacent property outside the platted subdivision.
19. General Provisions:
A. All persons, corporations or other lawful entities who now own or shall
hereafter acquire any of the lots in this subdivision shall be deemed to have agreed and
covenanted with the owners of all other lots in this subdivision to conform to and observe the
restrictions, covenants, and stipulations contained herein for a period of twenty-five (25)
years from the date these covenants are recorded, and after which time the Bill of Assurance
shall be automatically extended for successive periods of ten (10) years unless an instrument
terminating the Bill of Assurance, signed by the then owners of seventy (75%) of the platted
lots has been recorded prior to commencement of the ten (10) year period. At any time, the
owner or owners of seventy-five (75%) of area of the land herein before described may agree
to amend or modify these covenants.
B. The covenants, agreements, and restrictions herein set forth shall run with the
land for the time provided in A. above and with the title to the lots in this subdivision, and
bind all persons who now own or shall hereafter acquire any interest in said subdivision.
C. The invalidation of any one of the covenants, restrictions, or agreements
herein contained by the order of a court of competent jurisdiction shall in no way affect any
of the other provisions herein, which will remain in full force and affect. The undersigned,
KCA Development, LLC, Owners of all lots in said subdivision, do hereby execute this Bill
of Assurance for the purposes herein above stated.
20. Enforcement of Covenants: KCA Development, LLC. Property Owners
Association, the Architectural Control Committee, the Declaring, or any Owner shall have
the right to enforce the provisions herein. Enforcement shall be by proceedings at law or in
equity, against any person or persons violating or attempting to violate any covenant either to
restrain violation or to recover damages.
21. Common Amenities: The area designated on the Plat as Tract A & B and all
improvements thereon, including but not limited to, all streets, walls, lighting, irrigation,
pond, recreation areas, security measures and landscaped areas shall exist and be available to
every Subdivision Lot owner who shall have a right and easement of enjoyment to these
facilities which shall be maintained and owned by the Kanis Creek Property Owners
Association.
22. Landscaping: A landscape plan must be submitted to the -Architectural
Control Committee with the submittal of house plans. The landscaping plan must include the
following requirements:
A. All yard to be sodded with azoyza.
B. Must have irrigation system.
C. Must have a minimum of 250 sq. ft. of bedding space adjacent to the
front of the house.
D. Must have (1) 3" caliper or 10' to 12' tall Oak, Maple or Magnolia Tree,
in the front of the dwelling and (1) 3" caliper or 10' to 12' tall Oak,
Maple or Bradford Pear Tree in rear of each dwelling. The caliper of the
tree will be measured 1' above the root ball. The height is measured from
the root ball to the tip of the tree.
E. All plants and trees are subject to the approval of the Architectural
Control Committee. -
F=? * J -A "
KCA Develo ment, LLC.
By: Managing Member
Little Rock Planning Board
F3oviaqcd cn1-y fcr ind ;cn of min ru.
su' ::,fis:Un and zoning c;dimncC3
Ct� of Little FRccl<Planning Commission
Acknowledgment
State of Arkansas
County ofTUkF&r1 �U)C�v-Scy�-
On this 2)-1 5 day of ` )20JrC-l-- ,2007 before Notary Public duly
commissioned, qualified and acting within and for the said County and State, appeared in
person the within named Randy Alberius, to me personally known who state that he/they
are the managing member of KCA Development, LLC, a company and were duly
authorized in their respective capacities to execute the forgoing instrument for and in the
name and behalf of said company, and further stated and acknowledged that they had so
signed, executed and delivered said forgoing instrument for the consideration, uses
purposes therein mentionpand set forth. In testimony whereof, I have hereunto set my
hand and seal this day of --M6LM- -z , 2007.
Notary Public
My Commission Expires:
1--5 -au l -a-
Brenda Haynes
County Of Jefferson
Notary Public - Arkansas
My Commission Exp. 07/03/2012
Kanis Creek Subdivision
To The Public
Bill of Assurance
Know all men by these presents.
2007020278
03/14/2007 10:55:24 AM
Filed 6 Recorded in
Official Records of
PAT O'BRIEN
PULASKI COUNTY
CIRCUIT/COUNTY CLERK
Fees $41.60
That whereas, KCA DEVELOPMENT, LLC., hereinafter referred to as the
"OWNERS" are the owners of the following described land situated in the county of
Pulaski, State of Arkansas, to -wit:
LEGAL DESCRIPTION:
Part of Tract 5, Sach's Suburban Tracts, located in the South 'h of Section 6, Township 1 North,
Range 13 West, Little Rock, Pulaski County, Arkansas more particularly described as follows:
Beginning at a 1 inch pipe marking the Southwest Corner of said Tract 5; thence North 02 deg. 37
min. 52 sec. East along the West line of said Tract 5 for a distance of 375.83 feet to a point on the
South right-of-way line of Pride Valley Road, being 30.00 feet from the centerline thereof; thence
South 88 deg. 56 min. 19 sec. East along said South right-of-way line for a distance of 1017.49
feet to the Westerly right-of-way line of Kanis Road, being 45.00 feet from the centerline thereof;
thence South 35 deg. 39 min. 39 sec. East along said Westerly right-of-way line for a distance of
433.57 feet; thence North 88 deg. 30 min. 52 sec. West for a distance of 641.99 feet; thence
South 02 deg. 39 min. 22 sec. West for a distance of 40.02 feet to a point on the South line of said
Tract 5; thence North 88 deg. 18 min. 29 sec. West along said South line, for a distance of 643.98
feet to the Point of Beginning, containing (419,204) 9.62 acres, more or less.
NOW, Therefore, Witnesseth:
The owners have caused the said tract of land to be surveyed by Randy
Alberius, a professional land surveyor, and plat thereof made, which is attached
hereto, showing the subdivision of said tract of land into lots and streets, and make
this Bill of Assurance. The name of this subdivision has been approved by the
Assessor's Office of Pulaski County. All street names have been approved by the
City of Little Rock. Any replat of this subdivision will be submitted to the Little Rock
Planning Board.
The lands embraced in said plat shall be known as Kanis Creek Subdivision,
to the City of Little Rock, Pulaski County, Arkansas. The lots are numbered (1) one
through (50) fifty, in the plat filed herewith, the size of lots designated as shown on
said plat, and any and every deed of conveyance of any lot designated as shown on
said plat, and any and every deed of conveyance of any lot in said subdivision,
described by lot number as shown on said plat, shall be held and determined as
sufficient description for the conveyance thereof subject to the reservations,
covenants, and restrictions as hereinafter set out. Tract A & B are reserved for use
as detention areas for the subdivision and accordingly are not subject to the
restrictions, building or use restrictions contained in this Bill of Assurances tlt����,
would be inconsistence with their dedicated use. will,
PROPERTY OWNERS ASSOCIATION
The establishment of a property owners association is not presently planned
for the Subdivision. However, Lot Owner acknowledges that one may be established
in the future by the Owners so long as the Owners own real property within the
Subdivision or by a majority (75%) of Owners of Lots in the Subdivision and in the
event one is established, and annual or other assessments are levied thereunder,
each Lot Owner in the Subdivision, by purchasing or otherwise owning a Lot in the
Subdivision, agrees to and acknowledges that any such Subdivision Lot so owned
shall be subject to such assessments when levied, in whatever amounts such
association may determine, the same as if such association were established and
assessments levied simultaneously with the platting of the Subdivision.
ADDITIONS TO EXISTING PROPERTY
A. Additional lands of the Owners may become subject to this Bill of
Assurance in the following manner: The Owners shall have the right but not the
obligation to bring within this Bill of Assurance additional properties, regardless of
whether or not said properties are presently owned by the Owners, in future states of
the development, provided that such additions are in accord with the general plan of
development which has been prepared prior to the date of the Bill of Assurance and
prior to the sale of any Lot and is maintained in the office of the Owners, and provided
such proposed additions, Property Owners Association that may be formed for their
share of expenses. UNDER NO CIRCUMSTANCES shall this Bill of Assurance or any
supplement or the general plan bind the Owners to make additions or to adhere to the
plan in any subsequent development of land shown on the general plan. Nor shall the
Owners be precluded from conveying lands in the general plan not subject to this Bill
of Assurance free and clear of this Bill of Assurance.
B. The additions authorized shall be made by the Owners filing of record a
Supplemental Bill of Assurance with respect to the additional property which shall
extend the covenants and restrictions of this Bill of Assurance to the additional
property, and the Owners of Lots in those additions shall immediately be entitled to all
rights and privileges provided in this Bill of Assurance.
C. The Supplemental Bill of Assurance may contain additions and
modifications of the covenants and restrictions contained in this Bill of Assurance
necessary to reflect the different character, if any, of the added properties as are not
inconsistent with this Bill of Assurance. In no event, however, shall such
supplement revoke, modify or add to the covenants established by this Bill of
Assurance for the above described Property.
D. No one other than the Owners shall have the right to subject additional
lands to this Bill of Assurance.
The restrictions and covenants applicable to the lots, which run with the land, shall
be and are as follows:
1. Land use and Building Type: All lots shall be used for residential
purposes, no structure shall be erected, altered, placed, or permitted to remain on
any lot other than one detached, site built, single-family residence with a minimum
heated floor area of (1600) sixteen hundred square feet for a single story and a
minimum (1900) nineteen hundred square feet for a two story. Each residence must
include at least a double garage to house at least two motor vehicles. No lot as
shown on the attached plat shall be subdivided, but one or more contiguous lots
may be combined and utilized as a single plot. All foundations must be veneered
with brick, dryvit or rock. Said single-family residences must be site built and the
heated space of such residence must not be less than sixteen hundred (1600)
square feet for a single story and nineteen hundred (1900) square feet for a two
story. All structures must have at least 100% brick, masonry, dryvit veneer or hardi
board concrete siding. The roof pitch shall be at least 8/12. All shingles used for
roofing shall be architectural unless approved by the Architectural Control
Committee.
2. Building Location: No residence, garage or outbuilding shall be located
on any lot nearer to the side street line, than the minimum set back lines shown on
the recorded plat. In any event, no residence shall be located on any lot nearer than
15 feet to any side street line. No residence shall be located nearer than 5 feet to an
interior lot line.
3. Easements: Easements for installation and maintenance of utilities and
drainage facilities are reserved as shown on the plat. Said easements are subject to
the reservations and conditions herein above and hereinafter mentioned.
4. Temporary Structures; No tent, shack, hutment, barn or structure of a
temporary character shall be erected, altered or permitted to remain on any lot;
neither shall any garage, motor home, trailer, or outbuilding of any kind at any time
be used or occupied as a residence, temporarily or permanently. All residential
construction within the subdivision must be completed within a reasonable time from
the beginning of construction. For purpose of this paragraph one (1) year is deemed
to be such reasonable time.
5. Signs: No sign of any kind shall be displayed to the public view on any lot,
except, one professional sign of not more than five square feet advertising the
property for sale or rent or signs used by a builder to advertise the property during
the construction and sales period.
6. Fences: All fencing placed, erected, or altered on any lot must be
constructed of wood, brick, or wrought iron. No fencing is allowed to extend beyond
the front of any dwelling. Any corner lots with street or road frontage on their side
lot lines are prohibited from constructing any fencing within 15 feet of the road right-
of-way or the setback line, which ever is greater. All fences must be professionally
installed; not exceed a height of 6 feet and be subject to the approval of the
Architectural Control Committee as to design, materials and appearance. The
Architectural Control Committee reserves the right to authorize variances pertaining
to paragraph #6 fences.
7. Owner Responsibility_ Any property owner shall insure that any contractor
performing services for the property owner shall comply with the provisions herein
and governmental permitting.
8. Contractor Responsibility. No contractor shall damage in any way the
utilities or streets in any manner. Any such damages shall be repaired or replace at
the expense of the property owner for whom the contractor was employed or
serving.
9. Oil and Mining Operations. No oil drilling, oil development operations, oil
refining, quarrying or mining operations of any kind shall be permitted upon or in any
lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted
upon or in any lot. No derrick or structures designed for use in boring for oil or
natural gas shall be erected, maintained or permitted upon any lot.
10. Motor Vehicle Entrances and Drives. Driveways shall be constructed
only of concrete or masonry. Driveways and
finished by approved professionals.
sidewalks to be constructed and
11. Water Supply: No individual water supply systems shall be allowed.
Each lot is required to connect to the public water system.
12. Sewage Disposal: No individual sewer systems shall be allowed. Each
lot is required to connect to the public sewer system.
13. Lot Yard and Home Maintenance: All property owners after acquisition,
and before completion of construction of any lot, shall completely sod all front, back,
and sides of each house, and shall keep all grounds and yards mowed, trimmed,
and clean (see paragraph #21 Landscape). All houses must be maintained, painted,
and stained. No deviation from the original plans shall be permitted without
WRITTEN approval of the Architectural Control Committee.
14. Completion of Construction: Any dwelling must be completed in its
entirety within a period of (1) one year from date such construction is commenced.
15. Architectural Control: No dwelling or structure shall be erected, placed,
or altered on any lot until the construction plans and specifications and a plan
showing the location of the structure, have been approved by the Architectural
Control Committee in writing. All construction must be performed by competent
builders. Lot owners shall submit the name and qualifications of the builder selected
to construct a dwelling, who must be approved. No duplications of exterior of
existing houses in the subdivision shall be permitted. The Architectural Control
Committee reserves the right to grant variances. Any variance must be granted IN
WRITING.
15A. Plans and Specifications. Two (2) complete sets of final building plans
and specifications for any structure, including, but not limited to, any building ,
fence, coping, wall, or other structure(s) to be erected on any lot shall be submitted
to the Declarant for written approval before any construction may begin. Until
further notice by Decalrant, all such plans shall be submitted to Declarant at 11708
Kanis Road, Little Rock, AR 72211. Included in such plans shall be:
1. Plat plans showing location of structure(s) on the Lot and measured
distances to the structure from front, back and side lot lines.
2. Exterior elevation drawings of all sides of the building(s).
3. Detailed floor plan including total square footage of heated and
cooled space.
4. Exterior type of materials and color scheme.
5. Description of roof treatment.
6. Location and plans for garage and driveway.
7. Location and width of sidewalks in the areas shown on the Plat.
8. The name, mailing address, and telephone number of applicant.
9. Landscape Plan.
10. Completed Plan Submittal Form.
16. Membership of the Architectural Control Committee_: The Architectural
Control Committee is composed of Randy Alberius, John Brooks and Larry
Remsing. A majority of the committee may designate a representative to act for it.
In the event of death or resignation of any member of the committee, the remaining
members shall have full authority to designate a successor. Neither the members of
the committee nor its designated representative shall be entitled to any
compensation for services performed pursuant to this covenant. The members of
this committee shall in no event be personally liable or responsible to any owner in
this Addition for their actions.
17. General Restrictions:
A. No noxious or offensive activity of any kind shall be carried on upon
any lot in this subdivision, nor shall anything be done thereon which may be or
become an annoyance or nuisance to the neighborhood. No business or
commercial use shall be carried on or permitted in any structure or in any portion of
said subdivision.
B. No animals, livestock, or poultry of any kind shall be raised, bred, or
kept on any lot, except that dogs, cats, or household pets may be kept, provided
they are fenced and maintained in a manner that is neither noxious, offensive nor a
nuisance to the neighborhood.
C. No lot or easement shall be used or maintained as a dumping
ground for rubbish, trash, garbage, or other waste. All rubbish, trash, garbage or
other waste shall be kept only in sanitary conditions and out of site from the
subdivision streets and roads. All incinerators or other equipment shall be kept in a
clean and sanitary condition and out of site from the subdivision streets and roads.
Such materials shall not be allowed to accumulate, and must be periodically
removed from the premises to a landfill at intervals no less frequent than the
schedule of commercial disposal services available to residence of the subdivision.
D. No lot in said subdivision shall be used for the purpose of parking
commercial, industrial, or drilling equipment or inoperative automobiles or for the
salvage or repair thereof. All automobiles and trucks garaged or kept in the
subdivision shall be operable and currently licensed. Automobiles, including pick up
trucks are allowed to be kept on each lot for the owners of the lot and their resident,
licensed children but not to exceed 'a total+. of 4 such vehicles for each lot. Boats,
recreational vehicles, and trailers shall not be parked at the front of any dwelling or
in the street and must be parked in garage or back of the dwelling. Swimming pools
are permitted.
E. The Architectural Control Committee must approve the location,
color, size, design, lettering, standards, brackets, name signs and all other aspects
of all mail or newspaper delivery boxes prior to being placed on any lot or site. All
letter and delivery boxes shall be principally brick so as to blend with the dwelling,
unless otherwise approved by the Architectural Control Committee
F. No lot in said subdivision shall be used for the purpose of
accessing an adjacent property outside the platted subdivision.
18. General Provisions:
A. All persons, corporations or other lawful entities who now own or shall
hereafter acquire any of the lots in this subdivision shall be deemed to have agreed
and covenanted with the owners of all other lots in this subdivision to conform to
and observe the restrictions, covenants, and stipulations contained herein for a
period of twenty-five (25) years from the date these covenants are recorded, and
after which time the Bill of Assurance shall be automatically extended for successive
periods of ten (10) years unless an instrument terminating the Bill of Assurance,
signed by the then owners of seventy (75%) of the platted lots has been recorded
prior to commencement of the ten (10) year period. At any time, the owner or
owners of seventy-five (75%) of area of the land herein before described may agree
to amend or modify these covenants.
B. The covenants, agreements, and restrictions herein set forth shall
run with the land for the time provided in A. above and with the title to the lots in this
subdivision, and bind all persons who now own or shall hereafter acquire any
interest in said subdivision.
C. The invalidation of any one of the covenants, restrictions, or
agreements herein contained by the order of a court of competent jurisdiction shall
in no way affect any of the other provisions herein, which will remain in full force and
affect. The undersigned, KCA Development, LLC. Owners of all lots in said
subdivision, do hereby execute this Bill of Assurance for the purposes herein above
stated.
19. Enforcement of Covenants: KCA Development, LLC. Property Owners
Association, the Architectural Control Committee, the Declaring, or any Owner shall
have the right to enforce the provisions herein. Enforcement shall be by
proceedings at law or in equity, against any person or persons violating or
attempting to violate any covenant either to restrain violation or to recover damages.
20. Common Amenities: The area designated on the Plat as Tract & B and
all improvements thereon, including but not limited to, all streets, walls, lighting,
irrigation, pond, recreation areas, security measures and landscaped areas shall
have a right and easement of enjoyment to these facilities and shall be maintained
by the Kanis Creek Subdivision, Property Owners Association.
21. Landscaping: A landscape plan must be submitted to the_ Architectural
Control Committee with the submittal of house plans. The landscaping
plan must include the following requirements:
A. All yard to be sodded with azoyza.
B. Must have irrigation system.
C. Must have a minimum of 250 sq. ft. of bedding space adjacent to
the front of the house.
D. Must have (1) 3" caliper or 10' to 12' tall Oak, Maple or Magnolia
Tree, in the front of the dwelling and (1) 3" caliper or 10' to 12' tall
Oak, Maple or Bradford Pear Tree in rear of each dwelling. The
caliper of the tree will be measured 1' above the root ball. The
height is measured from the root ball to the tip of the tree.
E. All plants and trees are subject to the approval of the Architectural
Control Committee.
w7 J
KCA Develop ent, LLC.
By: Managing Member
Little Rock Planning Board
�fl*.1��+p3.�.'� L `y{3�,, . � �.iv�l1�iv:+J �a:..-• _ .. ..
Y' L171.a�µ.`{1r���f.�=7«�1p.` w�' �in 1�i1�i G�4� IL�.�i� a.if ' -. .�... _ . •.
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Ci1� i Little RcckPfarnin9
Acknowledgment
State of Ax�_1Z-
County of►(1�51��
On this i-21 day of 20L�j before Notary Public
duly commissioned, qualified and acting within and for the said County and
State, appeared in person the within named Randy Alberius, to me personally
known who state that he/they are the managing member of KCA Development,
LLC. a corporation and were duly authorized in their respective capacities to
execute the forgoing instrument for and in the name and behalf of said
corporation, and further stated and acknowledged that they had so signed,
executed and delivered said forgoing instrument for the consideration, uses
purposes therein mentioned and set forth. In testimony whereof, I have hereunto
set my hand and seal this k: day of ilVlarc_V ► , 20 (-, .1 .
COM
Notary Publi fi
r
TRANSMITTAL
FROM: Central Arkansas Surveying, Inc.
11708 Kanis Road
Little Rock, AR 72211
(501) 416-0801: Cell
(501) 223-0496: Fax
Date: February 22, 2007
To: Donna James
Ref: Kanis Creek Subdivision Final Plat Approval
Enclosed you will find the following items:
• (3) Copies of the Kanis Creek Subdivision Final Plat for your review and
approval.
• (1) Copy of the Kanis Creek Subdivision Final Plat with all utility sign -offs
for your review and approval.
o (1) Copy of the Kanis Creek Subdivision Bill of Assurance.
Please call me if you have any questions at 501-416-0801.
Thanks,
Randy Alberius
Central Arkansas Surveying, Inc.
11708 Kanis Road
Little Rock, AR 72211
rsa-casC)swbell.net: email - ;�
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME
_KANIS CREEK SUBDIVISION
INSPECTOR REPORT
I have made a final inspection of the improvements and find that:
X
All improvements shown on construction drawings for the development are constructed and in conformance
with City requirements/standards. tr r�70
7
Certain Improvements remain uncomplete st ho 2 h R @A N Pane—
< Gf�
r; Engineering Specialist Date: 3/ ZI 7
street configuration are acceptable.
Addressing Specialist Date:
TRAFFIC ENGINEER REPORT
I have reviewed the plat and find that:
All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in
f conformance with City requirements/standards.
d Work orders have been prepared for signage and street lights.
Indicate the number of street signs ordered for this plat for billing to developer
Certain improvements remain uncompleted and a punch list has been prepared and sent.
�c►c.` Traffic Engineer Date: 3/ 13/ O -7
CIVIL ENGINEER REPORT
I have reviewed the file for this matter and find that:
The maintenance bond has been submitted and it is the proper type and amount.
Financial assurance for the uncompleted improvements listed above has been received.
\ All other requirements for final plat approval have been satisfied.
Civil Engineer I/II Date:3/I 3 07
SURVEYOR'S REPORT
I have reviewed the plat and find that:
C9 All re u.rements for final plat approval have been satisfied.
Surveyor
MANAGER APPROVAL
All Civil Engineering requirements for filing this final plat have been satisfied./
Date:
Design Review Engineer/Civil Engineering Manager
February 2007
Date: %Z 0-7-
City of Little.Rock
Planning and Development
Filing Fees
Date: 2) l , 20
Annexation
Board of Adjustment
Cond. Use Permit/T.U.P.
Final Plat
Planned Unit Dev.
Preliminary Plat
Special Use Permit
Rezoning
Site Plans
Street Name Change
Street Name Signs
Number -.3 atrb-?� ea.
Public Hearing Signs
Number at ea.
Total
File No.
It
Location
Applicant��L
�� i i