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HomeMy WebLinkAboutS-1261-B Application2003035850 84/17/2003 82:59:55 PM Filed & Recorded in Official Records of CAROLYN STALEY PULASKICCOOqUNTY PROTECTIVE AND RESTRICTIVE C�T4�- ANY CLERK AND BILL OF ASSURANCE KENWOOD ESTATES SUBDIVISION PHASE 1 B LITTLE ROCK, ARKANSAS PART A. PREAMBLE. WHEREAS, KENWOOD ESTATES, INC. is the owner of the following described land situated in Pulaski County, Arkansas, to -wit: The Legal Description is included on the Kenwood Estates Phase 1 B Subdivision Plat. This document shall append to the final plat as approved by the Little Rock Planning Commission, and recorded in Deed Book -, Page �.Q3S in the Records of Pulaski County, Arkansas; and, any protective or restrictive covenants and/or dedications shown on either document shall be considered to appear on both, with the exception that should any explicit discrepancy appear, the final plan shall govern. WHEREAS, KENWOOD ESTATES, INC., "Grantor" herein, has caused said land to be surveyed and a plat thereof made, dividing said land into lots and streets, as shown on said plat and showing the dimensions of each lot and the width of the streets as shown on said plat for the purposes of making said land an Addition to the City of Little Rock, Pulaski County, Arkansas, known as Kenwood Estates Subdivision Phase 1 B. NOW, THEREFORE, in consideration of the purposes herein stated, Grantor does hereby designate said land above described as shown by said plat, which is hereto attached and made a part hereof as "Kenwood Estates Subdivision Phase 1 B, an Addition to the City of Little Rock, Pulaski County, Arkansas", the "Addition" herein and that hereafter any conveyance by the owners of said land by lot and phase number shall forever be held to be a good and legal description and the streets shown on said plat in said Addition are hereby dedicated as public streets for the use and benefit of the public as such. The use of the land in said Addition is subject to the fo.11owing Protective and Restrictive Covenants, which shall also be known as The Bill of Assurance. PART B. AREA OF APPLICATION. B-1 FULLY PROTECTED RESIDENTIAL AREA. The Bill of Assurance covenants in Part C, D, and E in their entirety shall apply to the entire Addition and each and all Phases therein except subsequent phases may have their own Bill of Assurance, which would be controlling for that phase. PART C. PROTECTIVE AND RESTRICTIVE COVENANTS — BILL OF ASSURANCE: C-1 LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No business of any nature or kind shall at any time be conducted in any building located on any of said lots except for Real Estate sales and marketing of lots and homes during the construction phase. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling not to exceed two and one-half stories in height, excluding basement area. Single car garages are not allowed. All homes must have at least a two -car garage. Garages may not be enclosed at a later date without the approval of the Architectural Control Committee and the construction of another two -car garage C-2 FENCING USE AND TYPE. If any builder or homeowner wishes to erect a fence, only wood or brick privacy fences shall be allowed. Chain link fences will not be allowed. Also, no fence will come forward of the actual structure or the lot building line, whichever is further back from the street, except that a house erected on a corner lot may have a side fence no closer that 15 feet to the street on the side of a corner lot, such fence to begin at least 15 feet behind the front property line. All other perimeter boundaries may follow the lot line. All fencing so placed shall have the finished side towards the streets where applicable. When fencing is installed, the finished side must face out unless the Architectural Control Committee allows otherwise. Any variations in fencing must be approved by the Architectural Control Committee. C-3 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 as to quality of workmanship and materials, harmony, and integrity of external design with existing structures, and as to location with respect to topography and finish grade elevation, and intended objectives for the Architectural Control Committee to achieve a subdivision that accomplishes the desired architectural design in the structures and subdivision aesthetics. The term "structure" is defined to include any and all types of outbuildings as more specifically described in paragraph C-10, fences, antennas, basketball goals, swimming pools, and television satellite dishes, which in no event shall be placed in front of dwelling, or be visible from the street. All satellite dishes and antennas must be approved by the Architectural Control Committee. Mailboxes must be approved by the Architectural Control Committee and must match the materials used in the construction 2 on the exterior of the front of the house; also must be maintained to be straight and in good repair. All mailboxes must be erected and maintained to meet the requirements of the U.S. Postal Service. The U.S. Postal Service must approve the location of all mailboxes. Approval shall be as provided in Part D below. No basketball goals are allowed in front yards. All goals must be at least 10 feet behind the front side of the house they are located on and located behind an imaginary line extended from the midpoint of the garage parallel to the street. The location of all basketball goals must be approved in writing by the Architectural Control Committee. Any goals put up without approval must be removed. All gutters must be the "seamless" type, match the color of the house, and be shaped to be in contact with the fascia, soffit, and walls at all times. C-4 DWELLING QUALITY AND SIZE. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall not be less than 1,600 square feet of heated space for a one-story dwelling, or 800 square feet of heated space for a dwelling of more than one story, which with the second floor area would be at a minimum of 1,600 square feet exclusive of basements. C-5 DWELLING LOCATION. No dwelling shall be located on any lot nearer to any street line than the minimum building set back lines as shown on the recorded plat. In any event, no dwelling shall be located on any lot nearer than 25 feet to a front lot line or nearer than 25 feet to the rear lot line. Side yard set backs must meet the requirements of the City of Little Rock.. No lot shall be subdivided and no more than one dwelling shall be permitted on any one lot. C-6 LOT AREA AND WIDTH. No dwelling shall be erected or placed on any lot having a width of less than 50 feet at the minimum set back line as shown by said plat. C-7 EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Changes in use of easements or additional utility lines in easements require the approval of Grantor. No additional easements or expanded use of easements on any lots are pennitted without the written approval of Grantor. C-8 NUISANCES. No unlawful, noxious or offensive activities shall be carried out upon any lot, nor shall anything be done or kept thereon which may become an annoyance or nuisance to the neighborhood, or may adversely affect the value of other dwellings. C-9 TEMPORARY STRUCTURES. No structures of a temporary character, motor home, trailer, travel trailer, basement, tent, shack, garage, barn, or other out building shall be used on any lot at any time as a residence either temporarily or permanently. 3 C-10 OUT BUILDINGS. One building for storage shall be permitted. Prior to the construction and/or installation of any such storage building, a privacy fence shall be erected as shown in C-2, above. All out buildings must be approved in writing by the Architectural Control Committee, may not be located on easements, and must meet all requirements of the City of Little Rock. C-11 SIGNS. No sign of an_v kind shall be displayed to the public view on any lot, except two professional signs advertising: "For Sale", "For Lease", "For Rent" (one for Real Estate and one for Builder). The signs will not be more than 2.5 square feet. No signs advertising any business shall be allowed. Signs advertising "Yard Sales" will be temporarily allowed and they are to be displayed not more than 1 day prior to the day of the sale and removed as soon as the sale has ended. C-12 OWNER AND BUILDING/CONTRACTOR RESPONSIBILITY. Any property owner or builder/contractor shall ensure that any contractor performing services for the property owner shall comply with the provisions of this Bill of Assurance, and shall be responsible for the actions of contractors to the contrary. No person shall damage in any way the utilities or streets in any manner, any damage so inflicted shall become the responsibility of the person who creates the damage. C-13 LIVESTOCK AND POULTRY. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that no more than 3 dogs and cats may be kept on any lot, provided that they are not kept, bred, or maintained for any commercial purpose, and provided that facilities for maintenance of the same are installed, and that the keeping of the same does not constitute a nuisance. Hunting dogs are expressly prohibited. Any pets kept on the premises are subject to the laws of the City of Little Rock. C-14 GARBAGE AND REFUSE DISPOSAL. No lot or easement shall be used or maintained as a dumping ground for rubbish. Trash, garbage, and other waste shall not be kept except in sanitary containers. All material shall be kept in a clean and sanitary condition, and not be permitted at any time at a location which is visible from the front of the lot, except for the evening prior to scheduled trash pickup through the following evening. C-15 OIL AND MINING OPERATIONS. No oil drilling, development operation, refining, quarrying, or mining operations of any kind shall be pennitted 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 structure designed for use in boring for oil or natural gas shall be erected, maintained, or pennitted upon any lot. C-16 WATER SUPPLY. No individual water supply system shall be permitted on any lot. The same shall be served by the City Water Department of the City of Little Rock, Arkansas or its assignee. 4 C-17 SEWAGE DISPOSAL. No individual sewage disposal system shall be permitted on any lot. Sewage connections must be made with the City Sewage System of the City of Little Rock or its assignee. C-18 SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or pennitted to remain on any lot corner within the triangular area formed by the street property lines and the line connecting them at points 25 feet from the intersection of the street right-of-way 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 10 feet from the intersection of the street property line with the edge of a driveway. 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. C-19 LAND NEAR WATER COURSES. No building shall be placed nor shall any material or refuse be placed or stored on any lot within the greater of the minimum statutory distance or 20 feet of the property line of any part or edge of any water course, except that clean fill may be placed nearer, provided that the natural water course is not blocked by such fill. C-20 BUILDERS. All building must be performed by competent builders. The Architectural Control Committee reserves the right to submit for approval the name of any contractor selected by a property owner to an architect of the choosing of the Architectural Control Committee. C-21 LOT, YARD, AND HOME MAINTENANCE. All property owners, including builders, shall keep all grounds and yards mowed, trimmed, and clean, and all houses painted or stained. Nothing may be stored on a front porch or in front of the house. No homes can be kept where they are a detraction to the neighborhood or unsightly. C-22 COMMENCEMENT OF CONSTRUCTION. A property owner must start construction of an approved dwelling within a period of 6 months from the date of purchase, defined as the closing date. The owners reserve the option to repurchase any lot for the amount of the original purchase price if construction is not commenced within such period of time. This option shall be exercised in writing within a period of 30 days after the 6 month period. C-23 COMPLETION OF CONSTRUCTION. Any dwelling must be completed in its entirety within a period of one year from date such construction is commenced. C-24 CURB CUTS. Curb cuts must be smooth and new driveways evenly blended into the curb and gutter. 5 C-25 MOTOR VEHICLE PARKING AND PARKING OF ALL VEHICLES AND BOATS. Abandoned, unused, immobile or (where of a type requiring registration) unregistered vehicles shall not be parked or permitted to remain on any lot or within the dedicated city street. "Vehicles" as used herein shall refer to cars, trucks, boats, trailers, recreational vehicles, four -wheelers, tractors, and the like. No vehicles of any type may be parked in front yards or side yards, and with the exception of cars and non-commercial trucks shall not be parked on the dedicated street. All vehicles, excepting cars and non-commercial trucks, shall be parked in the garage, or where there exists a fence constructed in conformity with paragraph C-2, behind such fence line or behind the residence building. No vehicles whatsoever shall be parked on the dedicated street between 2:00 a.m. and 5:00 a.m. No tractor -trailer cabs recreational vehicles, trailers or other large commercial vehicles shall be allowed to be parked at the front, side, or back of any lot and cannot be parked in the city street. No vehicle may be parked in any place that is unsightly, such determination being solely within the discretion of the Architectural Control Committee. C-26 SIDEWALKS. The City of Little Rock is requiring sidewalks to be built in the right of way in front of certain lots. Lots 163, 145, and 63 — 74 are required to have a 4' wide sidewalk in the right of way and located as per the city's requirements. The builder will be required to install a front sidewalk to their "extended" property line and connect it up to any existing sidewalks on adjacent lots. The builder must check with the City of Little Rock to see if a density test will be required prior to pouring the sidewalk. The builder is responsible for meeting the City of Little Rock requirements for all sidewalk installations and locations on the lot and/or right of way. C-27 SIDELOAD GARAGES. Corner lots that have a side -load garage must have a "turnaround pad" as part of the driveway such that a car backing out of the garage has a concrete area with a minimum size of 12'x12' on which to turn around so it can enter the street facing forward instead of backing into the street. If lots 74, 163, 164, and 145 have a side -load garage they must have the turnaround pad. C-28 ORIENTATION OF HOUSES ON CORNER LOTS. Houses on lots 163 and 74 must have front elevation of the house facing east. Houses on lots 145 and 164 must have the front elevation of the house facing west. C-29 SHINGLES. All houses must use roofing shingles approved by the Architectural Committee. As a guide standard three tab shingles will not be allowed. "Architectural", "Shadow Line" and "Slate Line" shingles will be allowed. Any re -roofing of a house must be of the same type as on the house or be approved by the Architectural Committee. C-30 BRICK. The exterior material of all houses must be approved by the Architectural Control Committee. As a guide, the front and both sides of a house must be brick, rock, stone, stucco, e.i.f.s., or an equivalent material. Houses that have gables on the sides may have brick, etc. on the exterior wall up to the top plate line and siding or other approved material in the gable area. Any houses that are repaired or added onto must have the exterior materials approved by the Architectural Control Committee. 9 C-31 DRAINAGE. The builder of each lot is required to set the finished floor elevation of the home to allow for proper drainage on all sides of house. Where necessary, swales shall be constructed in the yard to assist in drainage. All homeowners are required to maintain proper drainage so there is no pooling of water on the lot. C-32 BUILDING CODES. All houses must be built according to the requirements of the City of Little Rock and the building codes adopted by the City. Approval of a set of plans by the Architectural Control Committee does not mean the plans meet any building codes. The builder is responsible for assuring all plans and all work performed satisfy all requirements of the City of Little Rock. PART D. ARCHITECTURAL CONTROL COMMITTEE: The Grantors will cause to be fonned an Architectural Control Committee of 2 to 7 persons for the purpose of reviewing all construction plans to assure aesthetic harmony and beauty within the Addition. In this regard, no building, fence, wall, or other structure shall be commenced, erected, or maintained upon any lot, nor shall any exterior addition to, or change or alteration therein be made, nor shall any landscaping of any lot be undertaken, until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing by the Architectural Control Committee as to the harmony of external design and location in relation to surrounding structures and topography. In the event that any plans and specifications are submitted to the Committee for Architectural review as provided herein, and the Committee shall fail either to approve or reject such plans and specifications for a period of 30 days following such submission, such failure shall be deemed to be an approval by the Committee for all purposes. The Grantors may elect to turn this function entirely over to residents of the subdivision at such time as it sees fit. No garages may be enclosed as part of the dwelling without the written approval of the Committee. In any case, the members of this Committee shall in no event be held personally liable or responsible to any owner in this addition for their actions, or lack thereof. 7 PART E. GENERAL PROVISIONS: E-1 TERM. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 25 _years from the date these covenants are recorded, successive periods of 10 years, subject to the express provision that these covenants may be amended at any time after the date of execution by the owner or owners of the majority of the lots herein platted. E-2 ENFORCEMENT. 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. E-3 SEVERABLITY. Invalidation of any one of these covenants by judgments or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. E-4 AMENDMENTS. These restrictions and covenants may be amended at any time by the owner or owners, including the Grantors, of a majority of the lots in this Phase. The majority of lots is calculated as being over 50% of the total number of lots in the Phase. E-5 CONFLICTS. If there is a conflict within different paragraphs of this document, within a single paragraph, or between this document and the plat, then the more restrictive language or interpretation will apply. E-6 CITY OF LITTLE ROCK. Should there be any conflict between this document and any rules, regulations, requirements, laws or ordinances of the City of Little Rock, the City will override this document in all cases. 8 Page 9 of 9 Pages: BILL OF ASSURANCE — KENWOOD ESTATES SUBDIVISION PHASE I B Ef . WITNESS our hands on this day of , 2003. KENWOOD ESTATES, INC r By; -,.. avis G. Fitzhugh STATE OF ARKANSAS ) COUNTY OF PULASKI ) BE IT REMEMBERED, that on this day came before me, the undersigned, a Notary Public within and for the County aforesaid duly commissioned and acting, Davis G. Fitzhugh, of KENWOOD ESTATES, INC., to me well known as the grantor in the foregoing document, and stated that he had executed the same for the consideration and purposes the rein mentioned and set forth. j� WITNESS my hand and seal as such Notary Public on this day of .2003. (SEAL) My Commission Expires: (Z'/C a'00 7 liEYtE:.i:: wf l:- i=.:i. ' Cf ^?:^ r3um r:t:idard _•i� r�UirEt: t7 !�:�.L".'.:i Ct L :.,�� '-;1.'.a ^L'�":�li"._... _. _, r:3 Bill ofsc�rs... deveiapar may r_:. 'd r:- .., C` the lrtils Rock sU'.C:vis,on z:r:d zoning = ..== Citv of Little Rock Plann` 11 Commission e 01•'�AN. +ti.' �AOTAR Y �o..e PuBur, cap 9 I 4 ' af 'o. ►. �+ fir. �� : � • �3 . 701 West Mcirkham Lit41e Rock, Arkansas 72201-1300 371-4811 Fax 371-4460 W�� CIVIL ENGINE G RESPONSE Civil Engineerin Division NG OF THE CIVIL ENGINEERINGAPRO�VAL � FILING D HI SLAFINT CAN PLATS HAVE BEEN SATISFIED. E5 .* TE5 Phi F BA BE ISSUED ft c woc SIGNED BY ENGINEER Z SIGNED BY SURVEYOR A j f H�'" SIGNED BY 911 ADDRESS COORDINATOR Al oe D DXF. DISKETTE PLAT Ne et v DXF DISKETTE STORM DRAIN /ycen REMARKS t9n Pe�e4ECrf��aq�,�c�L� City of Little Rock Planning and Development Filing Fees Date:- 20 0'-'S 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 at Public Hearing Signs Number at. ea. $ Total $ 5Z-4 , File No. �:>"" 1 �) (o ( - a Location��C� Applicant By