HomeMy WebLinkAboutS-1735-C ApplicationIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII I III III 2018008395
PRESENTED: 02-12-2018 02:32:20 PM RECORDED: 02-12-2018 02:36:57 PM
In Official Five-*sj�f Lany Crane Circu!Wountv Clerk
PUL.A f2 $85.00
I I I II I IIIIIII III II IIIII I 111111111111 2018037385
PRESENTED 06-15--016 10 37 47 AM RECORDED 06-15-2018 10 43 40 AM
In Official Records of Larry Crane Circuit/County Clerk
PULASKI CO, AR FEE $90.00
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J KANIS RIDGE ESTATES SUBDIVISION
AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS
DECLARATION OF RESTRICTIVE COVENANTS
AND BILL OF ASSURANCE
PART A. PREAMBLE AND PLAT AND BILL OF ASSURANCE:
WHEREAS, this Declaration of Restrictive Covenants and Bill of Assurance ("Bill of
Assurance") is made on the date hereinafter set forth by McCracken Land Development, LLC, an
Arkansas limited liability company (herein after referred to as the "Developer"); and
WHEREAS, the Developer, is the owner, by virtue of deed records filed in the office of
the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, of the following land
situated in Pulaski County, Arkansas, to wit:
TRACT 10, SACH'S SUBURBAN SUBDIVISION, FILED FOR RECORD BOOK
2, PHASE 87, RECORDS OF PULASKI COUNTY ARKANSAS. LYING IN THE
SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 1 NORTH, RANGE 13 WEST,
PULASKI COUNTY, ARKANSAS more particularly described as follows:
Beginning at a found 1" bolt at the Southeast Corner of Summit Ridge Subdivision South
01 degrees 47 minutes 13 seconds West 320.98 feet; thence North Right -of -Way line of
Kanis Road; thence along said Right -of -Way North 35 degrees 18 minutes 59 seconds West
397.54 feet; thence leaving said Right -of -Way South 88 degrees 38 minutes 32 seconds East
1,394.57 feet to the point of beginning containing 9.36 acres more or less.
WHEREAS, it is desirable that all of the above described property be platted into various
lots and streets; and
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VVHEREAS, the Pulaski County Real Estate Assessor and Office of Emergency Services
have approved said Subdivision and street names.
NOW THEREFORE, WITNESSETH:
Developer, for and in consideration of the benefits to accrue to it and its successors and
assigns, which benefits it acknowledges to be of value, has caused said land hereinabove
described to be surveyed and a plat (hereinafter referred to as the "Plat") thereof made by Robert
D. Holloway, Holloway Engineering, a Professional Engineer, License Number 2335, said Plat
bearing the signature of the said Surveyor and Engineer and being of record in the office of the
Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas (the "Recorder") in Plat
Book , Page _, dividing said land into tracts, lots and streets as shown on the Plat and
showing dimensions of each lot and the width of the streets.
IN FURTHERANCE THEREOF, Developer warrants and represents that it has laid off,
platted and subdivided, and does hereby lay off, plat and subdivide the land herein described, in
accordance with the aforesaid Plat. The land embraced in said Plat shall be forever known as:
KANIS RIDGE ESTATES SUBDIVISION, an Addition to the City of Little Rock, Pulaski
County, Arkansas (the "Subdivision"). Any and every deed of conveyance of any Lot in said
Subdivision describing the same by the Lot and Block number shown on said Plat shall always
be deemed a sufficient description thereof.
IN FURTHERANCE THEREOF, the streets shown on said Plat in said Subdivision shall
be and hereby are dedicated as public roads to be accepted by the City of Little Rock for
maintenance. The filing of this Declaration of Restrictive Covenants and 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 right-of-way of streets as designated on
the Plat.
IN FURTHERANCE THEREOF, there are areas of ground shown and dimensioned on
the Plat marked "Easements", which Developer hereby donates and reserves for the use of and
by public utilities, and for Developer, its successors and assigns for drainage, fencing, entry,
maintenance, landscape and other Developer purposes, subject at all times to the proper
authorities and to the easements and restrictive covenants herein reserved. The filing of this
Declaration of Restrictive Covenants and 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 Easements as designated on the Plat and as Easement areas are
designated within the boundaries of the respective Lots.
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IN FURTHERANCE THEREOF, there are areas of ground shown and dimensioned on
the Plat marked as open areas (hereinafter called "Common Area"), which Developer hereby
conveys to the Association free and clear of liens, but subject to the use, rights and easement of
the Association Members and all other easements and covenants affecting the Common Area as
set out or referred to in the Bill of Assurance, prior to the time any Lot is conveyed to an Owner.
SE F �C�1i 61 0
Any word contained in this Bill of Assurance shall be read as the singular or the plural
and as the masculine, feminine or neutral gender as may be applicable in the particular context.
Furthermore, unless otherwise defined herein, the following words shall have the meaning
attributed below:
(i) "Association" means the Kanis Ridge Estates Property Owners Association, Inc. an
Arkansas not for profit corporation, which shall be formed by the Developer, for the operation of
the Association, maintenance, and improvements of amenities within the Common Areas of the
Subdivision in a manner as determined by the Association.
(ii) "Common Area" means all real property and any improvements thereon which are or
may be designated on the Plat or any subsequent plat as such an area or an open area, which are
or may be in the future reserved for the common use of Developer, its agents, employees,
servants, invitees, guests, successors or assigns, the Association and any Owners, their agents,
employees, servants invitees or guests.
(iii) "Lot" or "Lots" means any plot of land shown, identified and platted by and depicted
on the Plat as a residential building Lot designated as Lots 1 through 41.
(iv) "Owner" or "Owners" means the record title holder, whether one or more, persons or
entities, of fee simple title to any Lot, but excluding any person or entity merely holding a lien or
security interest in a Lot.
Developer has established the Association for the purposes of ownership and
maintenance of the Common Area and appurtenances belonging thereto. Furthermore, the areas
shown and dimensioned on said Plat marked as "easement", which Developer may assign the
drainage, entry, fencing, maintenance and landscape easement to the Association, and the
Association shall thereafter maintain and keep the same in good repair and pay all costs
associated said drainage, entry, fencing, maintenance, landscaping and repair of same.
All Owners of a Lot platted hereby, and all persons, natural and artificial, claiming any
interest in any Lot platted hereby, shall take their titles subject to the grants, rights, retainage,
privileges and reservations herein contained, including but not limited to, public streets, the
rights of public utilities and the utility, drainage, entry, fencing, maintenance and landscape
easements shown on the Plat. The Owners are subject to and are joined as Members of the
Association and Subdivision. The Lots in this Subdivision shall be sold or conveyed by
Developer and shall be purchased, acquired, owned, possessed, held and occupied subject to the
covenants, restrictions and provisions set forth above and as follows in the Bill of Assurance,
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each of which and all of which shall be covenants running with said lands above described and
shall be binding upon any Owners and their respective heirs, successors and assigns, in order to
maintain the lands in the Subdivision above described as desirable, uniform and suitable
residential property. The use of the land in said Subdivision being subject to the following
Protective and Restrictive Covenants:
PART B. AREA OF APPLICATION
B-1. FULLY PROTECTED RESIDENTIAL AREA. The residential area covenants in
Part C in their entirety shall apply to the entire Subdivision.
PART C. RESIDENTIAL AREA COVENANTS:
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 the Lots. No building shall be erected, altered, placed or allowed to remain on
any Lot other than one (1) detached residential dwelling not to exceed two stories in height,
excluding basement area. No Lot shall be subdivided for any purpose. Provided that Developer,
or a builder authorized by Developer, may construct, landscape and furnish one or more
dwellings to be used a model units for promotional or sales purposes. No dwelling can be
occupied prior to the issuance of a certificate of occupancy of any government having
jurisdiction and requiring a building permit.
C-2. 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, including landscaping, have been approved by the ARCHITECTURAL
CONTROL CO?vBUTTEE (the "Committee") as to quality of workmanship and materials,
harmony of external design with existing structures, and as to location with respect to
topography and finish grade elevation, and intended objectives of the Committee to achieve a
subdivision that accomplishes the desired architectural design in the structure and Subdivision
ascetics. No fence or wall shall be erected, placed or altered on any lot nearer than the setbacks
as shown on the Plat. The term structure is defined to include any and all types of fences,
antennas, decks, permanent basketball goals, swimming pools and television satellite dishes,
which in no event shall be placed in front of dwellings. Each property owner requesting
approval shall submit to the Committee at least two (2) weeks prior to the time approval is
needed, a plot plan, complete set of house plans with completed material and specifications list, a
general landscaping plan and such other documents and the Committee may request. Approval
shall be provided in Part D hereof.
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C-3. DWELLING COST, QUALITY AND SIZE, STORAGE OF MATERIALS. Each
dwelling must be a minimum of 1,800 square feet in size for heated and cooled living area
thereof, exclusive of porches, patios, garages, cabanas, breezeways, exterior stairways, porte
coachers and storage areas. It being the intention and purpose of the covenants to assure that all
dwellings shall be of a quality of workmanship and materials substantially the same or better
than that for the minimum permitted dwelling size. Each dwelling shall have a minimum of a
private, fully enclosed two (2) car garage. No open carports are to be permitted. No portion of
any garage shall thereafter be converted into living space or for any other purpose. No elevated
tanks of any kind shall be placed on any Lot. No manufactured houses are allowed. Site built
homes only are allowed. All garbage and trash containers, equipment, HVAC equipment,
generators, coolers or wood piles must be enclosed by a wall to conceal them from the view of
neighboring Lots or streets. No individual mailboxes shall be constructed on any Lot. The
Developer shall construct four (4) Common Area mail kiosks at the locations shown on the final
Plat of the Subdivision. All Owners agree to use only the mailbox kiosk for the delivery and
receipt of mail.
C-4. BUILDING LOCATION. No building shall be located or permitted to remain on any
Lot, nearer to the front Lot line, rear Lot line, side Lot line or the side street line, than the
minimum building setback lines as shown on the recorded Plat. For the purposes of this
covenant, eaves and steps shall not be considered as part of the building. No Lot shall be
subdivided and no more than one (1) detached dwelling shall be permitted on any one (1) Lot.
C-5. BUILDING REQUIREMENTS. Roofs shall feature only Architectural Shingles or
other shingle material approved by the Committee. Outside construction may be brick, rock, or
other materials approved by the Committee, with all walls constructed with the same material.
All homes shall have a minimum of nine (9) foot ceilings on the first floor and shall have a
minimum private/enclosed two (2) car garage. All garages shall be constructed of the same
materials as the dwelling. No chain link fences shall be allowed. All fences shall be of a wood or
ornamental iron type as approved by the Committee. All homes in the Subdivision shall
construct a six (6) foot wood fence along the outer perimeter of the Subdivision, and shall be
approved by the Committee. All buildings shall have gutters on the front, back and sides of the
home and such gutters shall be properly drained. Vinyl may be used on windows and door
facings, dormers and soffit if approved by the Committee.
C-6. SIDEWALKS. Developer will construct sidewalks per the design, requirements and
standards of the City of Little Rock and the Americans With Disabilities (ADA), which are
shown on the sidewalk plan approved by the City of Little Rock. Upon the completion of said
construction, the responsibility of maintenance or repairs shall become the responsibility of each
individual Lot Owner and shall meet all governing requirements.
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C-7. EASEMENTS. Easements for installation and maintenance of utilities and drainage
facilities, and construction, repair and maintenance of adequate walls, roofs and eaves are
reserved as shown on recorded Plat.
C-8. NUISANCES. No noxious or offensive trade or activities shall be carried on, nor shall
anything be done thereon which may be or become a nuisance to the neighborhood.
C-9. TEMPORARY STRUCTURES. No mobile home or trailer, or structure of a temporary
character, basement, tent, shack, garage, barn, or other outbuilding shall be used on any Lot at
any time as a residence either temporarily or permanently; except that the Developer may have a
temporary construction and/ or sales office.
C-10. OUTBUILDINGS AND ABOVE GROUND POOLS. Outbuilding for storage shall
not be permitted. Above ground swimming pools are prohibited.
C-11. SIGNS. No sign of any kind shall be displayed to the public view on any Lot; except,
one professional sign of not more than (5) square feet advertising the property for sale or rent or
any signs used by a builder to advertise the property during the construction and sales period.
C-12. OWNER RESPONSIBILITY. All property Owners shall insure that any contractor
performing services for the property Owner shall comply with the provisions of this Bill of
Assurance.
C-13. CONTRACTOR RESPONSIBILITY. No contractor shall damage in any way the
utilities, draingage, sidewalks or streets, easements or any Developer improvements in any
manner.
C-14. OIL AND MINING OPERATIONS. No oil drilling, oil development operations, oil
refining, quarrying, or mining operations or any kind shall be permitted upon on in any Lot, nor
shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No
derrick or structures designated for use in boring for oil or natural gas shall be erected,
maintained or permitted upon any Lot.
C-15. LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind may be
raised, bred, or kept on any Lot, except dogs and cats may be kept on any Lot provided that they
are not kept, bred, or maintained for any commercial purpose and provided facilities for
maintenance of same are approved by the Committee and that the keeping of same does not
constitute a nuisance.
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C-16. 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. There shall be no burning of trash, rubbish, leaves or yard waste.
C-17. 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 Lot corner which the triangular area formed by the
street property lines and the line connecting then at points fifteen (15) feet from the intersections
of street right of way lines, or in the case of a rounded property corner, from the intersection of
the street property line extended. The same sight line limitations shall apply on any Lot within
ten (10) feet from the intersection for the street property line with the edge of a driveway
pavement. No tree shall be permitted to remain within such distances or such intersections
unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
C-18. LOT, YARD, AND HOME MAINTENANCE. All Owners, after acquisition of any
Lot, shall keep all grounds and yards mowed, trimmed and clean. All yards must be fully sodded
and shall have an irrigation system installed with each Lot to have a separate meter for each
irrigation system. All houses shall be painted and stained where applicable and must have
landscaping beds in front. No yard art, yard ornaments, sculptures are permitted without
approval of the Committee. No deviation from the original plans shall be permitted without
approval of the Committee.
C-19. COMMENCEMENT OF CONSTRUCTION AND STORAGE OF BUILDING
MATERIALS. An Owner must start construction of an approved dwelling within a period of
one (1) year from the date of Lot purchase. The Developer reserves 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 thirty (30) days after
the one (1) year period. No building materials of any kind, construction equipment or facilities
shall be palced or stored upon any Lot until the Owner is ready to commence construction of
improvements requiring such materials. Building materials, trash or construction vehicles and
equipment shall not be placed or stored in any street or Common Area.
C-20. COMPLETION OF CONSTRUCTION. Any dwelling must be completed in its
entirety within a period of one (1) year from date such construction commenced.
C-21. MOTOR VEHICLE PARING. Abandoned, unused motor vehicles, inoperable
vehicles, commercial trucks, commercial trailers and other similar vehicles and equipment shall
not be stored, parked or permitted to remain on any Lot or within the dedicated street. Boats,
recreational vehicles, trailers and other similar vehicles and equipment shall not be parked on the
Lot or in the dedicated street . Owners or permanent residents are prohibited from parking in the
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street. There shall be no non-functioning vehicles, marine or otherwise, kept on the Lot. There
shall be no motor vehicle, boat, recreational vehicle or any other mechanical repair work done
outside of the garage.
C-22. MINIMUM FLOOR LEVEL ELEVATIONS. The Committee reserves the right to
prescribe the minimum floor elevations for lots. All homes shall have a minimum floor elevation
of eight (8) inches above the highest point within the setback lines of the Lot and shall be
approved in writing by the Committee.
C-23. UTILITIES. The Owner of any Lot shall install and maintain in conformity with
applicable code requirements and other regulations, underground utility servies, including
electical, natural gas, water, cable and telephone service between the point of delivery of such
utility service as located by the particular utility company to the point of use by the Owner. Any
excavation, digging or backfilling shall be performed in conformity with applicable code
requirements and other regulations for utility services. No individual water supply shall be
permitted or constructed on any Lot. No overhead lines, wires, conduits, cables, or poles for
utility servies shall be permitted on any Lot. No television dish, antennae or similar equipment
shall be installed on any Lot without the prior approval of the Committee.
PART D. ARCHITECTURAL CONTROL COMMITTEE:
D-1. PURPOSE. Developer is desirous of providing and maintaining harmony of external
design and location to the surrounding structures and topography and, for this purpose, herein
creates the Architectural Control Committee (the "Committee"), which shall have the duties,
obligations and responsibilities as set forth herein.
D-2. MEMBERSHIP. The Architectural Control Committee (the "Committee") shall initially
consist of three members, which shall be designated by the Developer. The initial Committee
shall be composed of John Destin McCracken, Whitney Elmore, and Brad Suen. A majority of
the Committee may designate a representative to act for it. In the event of a death or resignations
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 the services performed pursuant to this covenant. Developer
may, at such time as it deems appropriate, release all control over appointments of members of
the Committee to the Board of Directors of the Association by execution of an instrument to
effect such in recordable form. Neither the Developer, the Committee, or the Association shall be
liable in damage to any person submitting requests for approval or to any Owner of a Lot within
the Subdivision by reason of any action„ failure to act, approval, disapproval, or failure to
approve or disapprove, with regard to any request hereunder.
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D-3. PROCEDURE. The Committee's approval or disapproval as required in these
covenants shall be in writing and in the form hereto attached marked Exhibit "A" which, when
executed, should be retained by the Owner/ builder as proof of the Committee's approval. In the
event the Committee or its designated representative fails to approve or disapprove within thirty
(30) days after plans and specifications have been submitted to it or in the event no suit to enjoin
the construction or compliance with these covenants has been commenced within 180 days after
the completion thereof will not be required and the related covenants shall be deemed to have
been fully complied with.
PART E. KANIS RIDGE ESTATES PROPERTY OWNERS ASSOCIATION, INC.:
E-1. ORGANIZATION. The Developer shall cause the Association to be organized and
formed as a non-profit corporation under the laws of the State of Arkansas and it shall be forever
know by its name as stated herein. The Association and shall be bound by the covenants of the
Bill of Assurance, and its Articles of Incorporation and By-laws, both of which may be amended
from time to time according to their respective provisions.
E-2. MEMBERS AND MEMBERSHIP. The Association will be composed of all Owners
of said Lots in said Subdivision ("Member or Members"). Each Owner of any Lot by acceptance
of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant
and agree to fully abide by and comply with the Articles of Incorporation and By-laws of the
Association, as amended from time to time. Each Owner shall, upon and by virtue of becoming
an Owner, automatically becomes a Member of the Association until ownership ceases for any
reason, at which time the membership automatically ceases. Membership shall be appurtenant to
and may not be separated from ownership of any Lot in the Subdivision. Whenever, the legal
ownership of any Lot is conveyed from one person to another, by whatever means, it shall not be
necessary that any instrument provide for the transfer of membership in the Association. No
certificate of membership will be issued. A fifty-one percent (51%) majority vote of the
Members of the Association will be required to amend any agreement of By -Laws that are set
forth by the Association
E-3. VOTING RIGHTS.
SECTION 1: The Association shall have two classes of voting membership:
Class A: Class A Members of the Association shall be all Owners, with the exception of
the Developer, and shall be entitled to one vote for each Lot owned. When more than one person
holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be
exercised as they determine, but in no event shall more than one vote be cast with respect to any
Lot.
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Class B: The Class B Member shall be the Developer and shall be entitled to ten votes per
Lot owned. The Class B membership shall cease on the happening of the following events:
(a) when all Lots are sold by Developer.
E-4. DIRECTORS. The Association shall act through a three (3) member Board of Directors.
The initial Directors of the Association shall be elected by the Developer and designated in the
By-laws. Each initial Director shall serve for an initial term of three (3) years and thereafter until
his successor is duly elected and qualified. After the expiration of the term of the initial directors,
the Members shall elect a Board of Directors as provided for in the By-laws. Any vacancy from
whatever cause occurring in the Board of Directors during the initial three (3) year term shall be
filled by the remaining Director or Directors. The person appointed by the remaining Director or
Directors to fill such vacancy shall serve for the remainder of the initial three (3) year term and
until his successor is duly elected and qualified. The Directors shall manage the affairs of the
Association.
E-5. COVENANT FOR ASSOCIATION ASSESSMENTS.
SECTION 1: ASSOCIATION ASSESSMENTS. The Association will be responsible
for the operation of the Association, maintenance and improvement of amenities in the Common
Area of the Subdivision. The obligation for maintenance shall specifically include the
maintenance of the detention storage pipes and all private drainage improvements. The
Association shall have the right to charge reasonable fees, both annual and special, for such
purposes. Unless exempted in the Bill of Assurance, each Owner/Owners of a Lot is subject to
assessments as a Member of the Association as set forth in this PART E ("Assessments"). Any
Lot owned by the Developer, any Common Area and property owned by the Association shall be
exempt from, and not subject to, any Assessments, either annual or special, and no such
Assessement shall be due and owing on any such exempt property or Lot.
SECTION 2: CREATION OF THE LIEN, PERSONAL OBLIGATION FOR
ASSESSMENTS. Each Owner of any Lot by acceptance of a deed therefore, whether or not it
shall be so expressed in such deed, is deemed to covenant and agree to pay the Assessments,
such Assessments to be established and collected as set forth herein and in the By-laws. The
Assessments, together with interest, costs and reasonable attorney's fees, shall be shared on the
land and shall be a continuing lien upon the Lot against which each such Assessment is made.
Each Assessment, together with interest costs, and reasonable attorney's fees, shall also be the
personal obligation of the person who is the Owner of such Lot at the time when the Assessment
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fell due. The personal obligation of an Owner for delinquent Assessments shall not pass to his
successors in title unless expressly assumed by them.
SECTION 3: PURPOSE OF ASSOCIATION ASSESSMENTS. The
Assessments levied by the Association shall be used for the operations of the Association,
detention storage pipes and all private drainage improvements maintenance, and improvements
of amenities within the Common Area of the Subdivision in a manner determined by the
Association.
SECTION 4: PROCEDURE FOR ASSOCIATION ASSESSMENTS. (a) Annual
Asessments. Within sixty (60) days prior to the beginning of each calendar year, the Board of the
Association shall estimate the net charges to be paid by the Association during such year,
including a reasonable provision for contingencies and replacement, less any unexpected income
and any surplus from the prior year's fund for the Association operations, maintenance, drainage
maintenance, and improvements of amenities within the Common Area and shall fix and levy an
Annual Assessment. Written notice of the Annual Assessment shall be sent by the Association to
every Owner of a non exempt Lot subject thereto. Annual Assessments, once levied, will
become due the first (1st) day of January of each calendar year or the first (1s) day of the month
following the conveyance of the Lot to the new Owner or as otherwise determined by the
Association. Provided however, that each Lot will be assessed an initial $250.00 Annual
Assessment when purchased by an Owner from the Developer, with the first $250.00 to be paid
to the Association at closing of said Lot. The first Annual Assessment shall be adjusted
according to the number of months remaining in the calendar year and the amount thereof shall
be prorated. (b) Special Assessment. Further, notwithstanding provision to the contrary herein,
the Board of the Association shall be empowered to levy, in any assessment year, a Special
Assessment applicable to that year only for the prupose of deferring and paying, in whole or in
part, the cost of any construction, reconstruction, repair or replacement of a cpaital improvement
located upon and situated in the Common Area and drainage improvements and such other costs
as the Board of the Association shall deem advisable to necesssary. Once levied, Special
Assessments shall be due and payable in the manner of the Annual Assessment. Any Annual
Assessment and Special Assessment shall be uniform for all non-exempt Lots within the
Subdivision. All funds collected hereunder in payment of Assessments shall be deposited in a
banking institution, held, expended and administered through and in the name of the Association
(the "Assessment Fund").
SECTION 5: ASSESSMENT CERTIFICATES. The Association shall, upon
demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association
setting forth whether the assessments on a specified Lot have been paid. A properly executed
certificate of the Association as to the status of assessments is binding upon the Association as
the date of its issuance.
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SECTION 6: EFFECT OF NONPAYMENT OF ASSESSMENT. Any Assessment
not paid within thirty (30) days after the due date shall bear interest from the due date at the
maximum rate of interest per annum allowed by law, together with costs and reasonable
attorneys' fees. The Association may bring an action at law against the Owner personally
obligated to pay the same, or foreclose the lien against the property. No Owner may waive or
otherwise escape liability for the Assessments provided for herein by nonuse or abandonment of
his Lot. The Board of the Association may suspend voting rights or rights to use Common Areas
by an Owner for any period during which any Assessment against such Owner's Lot remains
unpaid for a period in excess of thirty (30) days; and for a period not to exceed sixty (60) days
for any infraction of the published rules and regulations regarding the use of such common areas
further promulgated by the Association.
SECTION 7: SUBORDINATION OF THE ASSESSMENT LIEN. The Assessments
provided for shall each constitute and be secured by a valid and continuing lien, hereby created
and fixed, and which shall exist upon and against each Lot and all improvements thereon for the
benefit of the Association. The lien of the Assessments provided for herein shall be prior and
superior to all other liens, except that the same shall be inferior and subordinate to (a) all liens
for taxes or special assessments, levied by the City, County and State Governments or any
political subdivision or special district thereof, and (b) all liens securing amounts due or to
become due under any mortgage, vendor's lien or deed of trust filed of record prior to the date
payment of any such Assessments become due and payable, and (c) all liens, including but not
limited to any mortgage, vendor's liens, deeds of trust, and other security instruments which
secure any loan made by any lender to an Owner for any part of the purchase price of any Lot or
for any part of the cost of constructing, repairing, adding or remodeling improvements situated
on the Lot. Any foreclosure of any such prior or superior lien under the power of sale of a
mortgage, deed of trust or other security instrument, or through court proceedings in which the
Association has been made a party, shall cut off and extinguish the liens securing Assessments
which became due and payable prior to such foreclosure date, but no foreclosure shall free any
Lot from the liens securing Assessments thereafter becoming due and payable, nor shall the
liability of any Member personally obligated to pay Assessments which became due prior to such
foreclosure, be extinguished by any foreclosure. Sale or transfer of any Lot shall not affect the
Assessment lien.
PART F. GENERAL PROVISIONS.
F-1. TERM. The rights, use easements and priviledges of the Owners and all other easements
in or to the Common Area and all other terms, covenants, conditions and provisions of the Bill of
Assurance shall be deemed to be covenants to run with the land and shall be of perpetual
duration.
12
F-2. AMENDMENTS BY DEVELOPER. The Developer shall have and reserves the right at
any time and from time to time, without joinder or consent of any Owners or other person, to
amend this Bill of Assurance by any instrument in writing duly signed, acknowledged and filed
for record, for the purpose of correcting any typographical or grammatical error, ambiguity or
inconsistency appearing in the Bill of Assurance, provided that any such amendment shall be
consistent with and in furtherance of the general plan and scheme of development as evidenced
by this Bill of Assurance and shall not impair or affect the vested property or other rights of any
Owner or his mortgagee.
F-3. INTERPRETATION. If this Bill of Assurance or any word, clause, sentence, paragraph or
other part thereof shall be susceptible of more than one or conflicting interpretations, then the
interpretation which is mots nearly in accord with the general purposes and objectives of the
Developer shall govern.
F-4. OMISSIONS. If any punctuations, word, clause, sentence or provision necessary to give
meaning, vallidity or effect to any other word, clause, sentence or provisions appearing in the
Bill of Assurance shall be omitted then it is hereby declared that such omission was unintentional
and that the omited punctutation, word, clause, sentence or provisions shall be supplied by
inference.
F-5. ENFORCEIENT. 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 violations or
to recover damages.
F-6. SEVERABILITY. Invalidation of any one of these covenants by judgment or court order
shall in no way affect any of the other provisions, which shall remain in full force and effect.
F-7. GOVERNING LAW. This Bill of Assurance shall be governed by and construed under the
laws of the State of Arkansas.
EXECUTED this l eday of FtL (v Rt tj , 2418.
McCracken Land Development, LLC, an Arkansas limited liability company
By: Z&4- 4e A��—
Mart cC ac en, MffiM Br�ber
y:
J stin McCr c R r, .��d ��f fcr irvyn6n oi' r}in;rz:. S2. ards
Managing Member tegaire } s` C^;+o# UW0 F?0eA �39U!4cr+.s.
By. 8 i of ilzeisranw rjra:'isians
G?L'�}��'•; ,,,•:jl ;;^ kS M1.1)-,MU M ra^"yLk?!tcnI' of't:o
�i
Utti� Raft ss:3�vss�an and xanir►� or n,ncas.
13�j
Gt} -ttfo Ro&,Plw.ninq Gornnissicc
Chase F. McCracken, Managing Member
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
COUNTY OF PULASKI )
BE IT REMEMBERED that on this day appeared before the undersigned, a Notary
Public duly commissioned, qualified and acting within and for the County and State aforesaid,
appeared in person the within named Martha S. McCracken, John Destin McCracken and Chase
F. McCracken, being the person or persons authorized by said limited liability company to
execute such instrument, stating his/her capacity to be that of Managing Members of McCracken
Land Development, LLC, an Arkansas limited liability company, to me personally well known,
who stated that he/she as such Managing Members of McCracken Land development, LLC
executed and delivered said foregoing instrument for the consideration, uses and purposes
therein mentioned and set forth.
My Commission Expires: () Qn c ! 0 o'�
(NOTARY SEAL)
aii�:4 BRANDIKARPS
MY COMMISSION # 12382606
tiL� EXPIRES: June 16, 2021
r
kx'is•'' Pulaski County
14
'&� ilx' � - atw
Notary Public
EXIIIBIT "A"
CERTIFICATE OF APPROVAL
THE ARCHITECTURAL CONTROL COMMITTEE OF KANIS RIDGE ESTATES
SUBDIVISION DOES HEREBY (APPROVE). (DISAPPROVE) THE PLANS AND
SPECIFICATION SUBMITTED BY
° (BUYER/
BUILDER) FOR THE CONSTRUCTION OF A DWELLING AND/OR MTNOR
IMPROVEMENTS TO BE PERFORMED ON LOT
WITNESS MY HAND AND SEAL ON Ia�h DAY OF FcLryv-{�,
KANIS RIDGE ESTATES SUBDIVISION
ARCIIITEC T RAL CONTROL COMMITTEE l
BY: Lr y�E)",-�M
M.M
C: w
STATE OF ARKANSAS p )
ss.
COUNTY OF PULASKI )
On this day before appeared Uj �l.s�El iyu re , g_r0.d I- .SUCn I I- J66 Cuc,Ckel1
who stated that he/they were authorized by the Architectural Control Co�nrnittee to execute: the
foregoing and that they had executed same for the consideration and purposes therein set forth.
My commission expires: -
Notary Public
(NOTARY SEAL)
15
y*`t;t'p•,,; BRANDI K. ARPS
.: MY COMMISSION # 12382606
EXPIRES: June 16, 2021
Pulaski Gaunty
Exhibit B
IN FURTHERANCE THEREOF, the Open Space Tract identified as Sanitary Sewer Pump Station
O.S. Tract C, which Developer hereby conveys to the Little Rock Water Reclamation Authority
free and clear of liens.
Legal Description SanitarV Sewer Pump Station Open Space Tract "C"
Commencing at a found 1/2" rebar at the southeast corner of Lot 40; thence along the south
line of said Lot 34, North 88 degrees 33 minutes 11 seconds West 46.85 feet to the point of
beginning;
thence North 88 degrees 33 minutes 11 seconds West 34.00 feet; thence North 00 degrees 06
minutes 03 seconds East 22.84 feet; thence South 89 degrees 53 minutes 57 seconds East 25:27
feet; thence South 01 degrees 18 minutes 36 seconds East 5.26 feet; thence South 24 degrees
57 minutes 08 seconds East 20.29 feet to the point of beginning containing 0.02 acres more or
less.
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14
SITE
IIIIIIIIIIilllllllllllllllll�Il�I I III 1111 2018008395
PRESENTED: 02-12-2016 02:32:20 PM RECORDED: 02-12-2018 02:38:57 PM
In Official Rkrds_of tarry Crane arcuiticounty Clerk
PUL,i SKI MAR-F"'E 85.00
IIII IIIIIIIIII III II II II I III1III II I I 2018037385
PRESENTED 06-15-2018 10 3747 AM RECORDED 06-1.5-2018104340AM
In Official Records of Larry Crane Circuit/County Clerk
PULASKI CO, AR FEE $90.00
(e cc, Ii cad(-1 FxII'l1)1+ 6 P I q-� as I �-O -3 -7 3
KANIS RIDGE ESTATES SUBDIVISION
AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS
DECLARATION OF RESTRICTIVE COVENANTS
AND BILL OF ASSURANCE
PART A. PREAMBLE AND PLAT AND BILL OF ASSURANCE:
WHEREAS, this Declaration of Restrictive Covenants and Bill of Assurance ("Bill of
Assurance") is made on the date hereinafter set forth by McCracken Land Development, LLC, an
Arkansas limited liability company (herein after referred to as the "Developer"); and
WHEREAS, the Developer, is the owner, by virtue of deed records filed in the office of
the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, of the following land
situated in Pulaski County, Arkansas, to wit:
TRACT 10, SACH'S SUBURBAN SUBDIVISION, FILED FOR RECORD BOOK
2, PHASE 87, RECORDS OF PULASKI COUNTY ARKANSAS. LYING IN THE
SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP I NORTH, RANGE 13 WEST,
PULASKI COUNTY, ARKANSAS more particularly described as follows:
Beginning at a found 1" bolt at the Southeast Corner of Summit Ridge Subdivision South
01 degrees 47 minutes 13 seconds West 320.98 feet; thence North Right -of -Way line of
Kanis Road; thence along said Right -of -Way North 35 degrees 18 minutes 59 seconds West
397.54 feet; thence leaving said Right -of -Way South 88 degrees 38 minutes 32 seconds East
1,394.57 feet to the point of beginning containing 9.36 acres more or less.
WHEREAS, it is desirable that all of the above described property be platted into various
lots and streets; and
1
WHEREAS, the Pulaski County Real Estate Assessor and Office of Emergency Services
have approved said Subdivision and street names.
NOW THEREFORE, WITNESSETH:
Developer, for and in consideration of the benefits to accrue to it and its successors and
assigns, which benefits it acknowledges to be of value, has caused said land hereinabove
described to be surveyed and a plat (hereinafter referred to as the "Plat") thereof made by Robert
D. Holloway, Holloway Engineering, a Professional Engineer, License Number 2335, said Plat
bearing the signature of the said Surveyor and Engineer and being of record in the office of the
Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas (the "Recorder") in Plat
Book , Page _, dividing said land into tracts, lots and streets as shown on the Plat and
showing dimensions of each lot and the width of the streets.
IN FURTHERANCE THEREOF, Developer warrants and represents that it has laid off,
platted and subdivided, and does hereby lay off, plat and subdivide the land herein described, in
accordance with the aforesaid Plat. The land embraced in said Plat shall be forever known as:
KANIS RIDGE ESTATES SUBDIVISION, an Addition to the City of Little Rock, Pulaski
County, Arkansas (the "Subdivision"). Any and every deed of conveyance of any Lot in said
Subdivision describing the same by the Lot and Block number shown on said Plat shall always
be deemed a sufficient description thereof.
IN FURTHERANCE THEREOF, the streets shown on said Plat in said Subdivision shall
be and hereby are dedicated as public roads to be accepted by the City of Little Rock for
maintenance. The filing of this Declaration of Restrictive Covenants and 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 right-of-way of streets as designated on
the Plat.
IN FURTHERANCE THEREOF, there are areas of ground shown and dimensioned on
the Plat marked "Easements", which Developer hereby donates and reserves for the use of and
by public utilities, and for Developer, its successors and assigns for drainage, fencing, entry,
maintenance, landscape and other Developer purposes, subject at all times to the proper
authorities and to the easements and restrictive covenants herein reserved. The filing of this
Declaration of Restrictive Covenants and 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 Easements as designated on the Plat and as Easement areas are
designated within the boundaries of the respective Lots.
2
IN FURTHERANCE THEREOF, there are areas of ground shown and dimensioned on
the Plat marked as open areas (hereinafter called "Common Area"), which Developer hereby
conveys to the Association free and clear of liens, but subject to the use, rights and easement of
the Association Members and all other easements and covenants affecting the Common Area as
set out or referred to in the Bill of Assurance, prior to the time any Lot is conveyed to an Owner.
Any word contained in this Bill of Assurance shall be read as the singular or the plural
and as the masculine, feminine or neutral gender as may be applicable in the particular context.
Furthermore, unless otherwise defined herein, the following words shall have the meaning
attributed below:
(i) "Association" means the Kanis Ridge Estates Property Owners Association, Inc. an
Arkansas not for profit corporation, which shall be formed by the Developer, for the operation of
the Association, maintenance, and improvements of amenities within the Common Areas of the
Subdivision in a manner as determined by the Association.
(ii) "Common Area" means all real property and any improvements thereon which are or
may be designated on the Plat or any subsequent plat as such an area or an open area, which are
or may be in the future reserved for the common use of Developer, its agents, employees,
servants, invitees, guests, successors or assigns, the Association and any Owners, their agents,
employees, servants invitees or guests.
(iii) "Lot" or "Lots" means any plot of land shown, identified and platted by and depicted
on the Plat as a residential building Lot designated as Lots I through 41.
(iv) "Owner" or "Owners" means the record title holder, whether one or more, persons or
entities, of fee simple title to any Lot, but excluding any person or entity merely holding a lien or
security interest in a Lot.
Developer has established the Association for the purposes of ownership and
maintenance of the Common Area and appurtenances belonging thereto. Furthermore, the areas
shown and dimensioned on said Plat marked as "easement", which Developer may assign the
drainage, entry, fencing, maintenance and landscape easement to the Association, and the
Association shall thereafter maintain and keep the same in good repair and pay all costs
associated said drainage, entry, fencing, maintenance, landscaping and repair of same.
All Owners of a Lot platted hereby, and all persons, natural and artificial, claiming any
interest in any Lot platted hereby, shall take their titles subject to the grants, rights, retainage,
privileges and reservations herein contained, including but not limited to, public streets, the
rights of public utilities and the utility, drainage, entry, fencing, maintenance and landscape
easements shown on the Plat. The Owners are subject to and are joined as Members of the
Association and Subdivision. The Lots in this Subdivision shall be sold or conveyed by
Developer and shall be purchased, acquired, owned, possessed, held and occupied subject to the
covenants, restrictions and provisions set forth above and as follows in the Bill of Assurance,
3
each of which and all of which shall be covenants running with said lands above described and
shall be binding upon any Owners and their respective heirs, successors and assigns, in order to
maintain the lands in the Subdivision above described as desirable, uniform and suitable
residential property. The use of the land in said Subdivision being subject to the following
Protective and Restrictive Covenants:
PART B. AREA OF APPLICATION
B-1. FULLY PROTECTED RESIDENTIAL AREA. The residential area covenants in
Part C in their entirety shall apply to the entire Subdivision.
PART C. RESIDENTIAL AREA COVENANTS:
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 the Lots. No building shall be erected, altered, placed or allowed to remain on
any Lot other than one (1) detached residential dwelling not to exceed two stories in height,
excluding basement area. No Lot shall be subdivided for any purpose. Provided that Developer,
or a builder authorized by Developer, may construct, landscape and furnish one or more
dwellings to be used a model units for promotional or sales purposes. No dwelling can be
occupied prior to the issuance of a certificate of occupancy of any government having
jurisdiction and requiring a building permit.
C-2. 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, including landscaping, have been approved by the ARCHITECTURAL
CONTROL COMMITTEE (the "Committee") as to quality of workmanship and materials,
harmony of external design with existing structures, and as to location with respect to
topography and finish grade elevation, and intended objectives of the Committee to achieve a
subdivision that accomplishes the desired architectural design in the structure and Subdivision
ascetics. No fence or wall shall be erected, placed or altered on any lot nearer than the setbacks
as shown on the Plat. The term structure is defined to include any and all types of fences,
antennas, decks, permanent basketball goals, swimming pools and television satellite dishes,
which in no event shall be placed in front of dwellings. Each property owner requesting
approval shall submit to the Committee at least two (2) weeks prior to the time approval is
needed, a plot plan, complete set of house plans with completed material and specifications list, a
general landscaping plan and such other documents and the Committee may request. Approval
shall be provided in Part D hereof.
4
C-3. DWELLING COST, QUALITY AND SIZE, STORAGE OF MATERIALS. Each
dwelling must be a minimum of 1,800 square feet in size for heated and cooled living area
thereof, exclusive of porches, patios, garages, cabanas, breezeways, exterior stairways, porte
coachers and storage areas. It being the intention and purpose of the covenants to assure that all
dwellings shall be of a quality of workmanship and materials substantially the same or better
than that for the minimum permitted dwelling size. Each dwelling shall have a minimum of a
private, fully enclosed two (2) car garage. No open carports are to be permitted. No portion of
any garage shall thereafter be converted into living space or for any other purpose. No elevated
tanks of any kind shall be placed on any Lot. No manufactured houses are allowed. Site built
homes only are allowed. All garbage and trash containers, equipment, HVAC equipment,
generators, coolers or wood piles must be enclosed by a wall to conceal them from the view of
neighboring Lots or streets. No individual mailboxes shall be constructed on any Lot. The
Developer shall construct four (4) Common Area mail kiosks at the locations shown on the final
Plat of the Subdivision. All Owners agree to use only the mailbox kiosk for the delivery and
receipt of mail.
C-4. BUILDING LOCATION. No building shall be located or permitted to remain on any
Lot, nearer to the front Lot line, rear Lot line, side Lot line or the side street line, than the
minimum building setback lines as shown on the recorded Plat. For the purposes of this
covenant, eaves and steps shall not be considered as part of the building. No Lot shall be
subdivided and no more than one (1) detached dwelling shall be permitted on any one (1) Lot.
C-5. BUILDING REQUIREMENTS. Roofs shall feature only Architectural Shingles or
other shingle material approved by the Committee. Outside construction may be brick, rock, or
other materials approved by the Committee, with all walls constructed with the same material.
All homes shall have a minimum of nine (9) foot ceilings on the first floor and shall have a
minimum private/enclosed two (2) car garage. All garages shall be constructed of the same
materials as the dwelling. No chain link fences shall be allowed. All fences shall be of a wood or
ornamental iron type as approved by the Committee. All homes in the Subdivision shall
construct a six (6) foot wood fence along the outer perimeter of the Subdivision, and shall be
approved by the Committee. All buildings shall have gutters on the front, back and sides of the
home and such gutters shall be properly drained. Vinyl may be used on windows and door
facings, dormers and soffit if approved by the Committee.
C-6. SIDEWALKS. Developer will construct sidewalks per the design, requirements and
standards of the City of Little Rock and the Americans With Disabilities (ADA), which are
shown on the sidewalk plan approved by the City of Little Rock. Upon the completion of said
construction, the responsibility of maintenance or repairs shall become the responsibility of each
individual Lot Owner and shall meet all governing requirements.
5
C-7. EASEMENTS. Easements for installation and maintenance of utilities and drainage
facilities, and construction, repair and maintenance of adequate walls, roofs and eaves are
reserved as shown on recorded Plat.
C-8. NUISANCES. No noxious or offensive trade or activities shall be carried on, nor shall
anything be done thereon which may be or become a nuisance to the neighborhood.
C-9. TEMPORARY STRUCTURES. No mobile home or trailer, or structure of a temporary
character, basement, tent, shack, garage, barn, or other outbuilding shall be used on any Lot at
any time as a residence either temporarily or permanently; except that the Developer may have a
temporary construction and/ or sales office.
C-10. OUTBUILDINGS AND ABOVE GROUND POOLS. Outbuilding for storage shall
not be permitted. Above ground swimming pools are prohibited.
C-11. SIGNS. No sign of any kind shall be displayed to the public view on any Lot; except,
one professional sign of not more than (5) square feet advertising the property for sale or rent or
any signs used by a builder to advertise the property during the construction and sales period.
C-12. OWNER RESPONSIBILITY. All property Owners shall insure that any contractor
performing services for the property Owner shall comply with the provisions of this Bill of
Assurance.
C-13. CONTRACTOR RESPONSIBILITY. No contractor shall damage in any way the
utilities, draingage, sidewalks or streets, easements or any Developer improvements in any
manner.
C-14. OIL AND NHNING OPERATIONS. No oil drilling, oil development operations, oil
refining, quarrying, or mining operations or any kind shall be permitted upon on in any Lot, nor
shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No
derrick or structures designated for use in boring for oil or natural gas shall be erected,
maintained or permitted upon any Lot.
C-15. LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind may be
raised, bred, or kept on any Lot, except dogs and cats may be kept on any Lot provided that they
are not kept, bred, or maintained for any commercial purpose and provided facilities for
maintenance of same are approved by the Committee and that the keeping of same does not
constitute a nuisance.
9
C-16. 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. There shall be no burning of trash, rubbish, leaves or yard waste.
C-17. 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 Lot corner which the triangular area formed by the
street property lines and the line connecting then at points fifteen (15) feet from the intersections
of street right of way lines, or in the case of a rounded property corner, from the intersection of
the street property line extended. The same sight line limitations shall apply on any Lot within
ten (10) feet from the intersection for the street property line with the edge of a driveway
pavement. No tree shall be permitted to remain within such distances or such intersections
unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
C-18. LOT, YARD, AND HOME MAINTENANCE. All Owners, after acquisition of any
Lot, shall keep all grounds and yards mowed, trimmed and clean. All yards must be fully sodded
and shall have an irrigation system installed with each Lot to have a separate meter for each
irrigation system. All houses shall be painted and stained where applicable and must have
landscaping beds in front. No yard art, yard ornaments, sculptures are permitted without
approval of the Committee. No deviation from the original plans shall be permitted without
approval of the Committee.
C-19. COMMENCEMENT OF CONSTRUCTION AND STORAGE OF BUILDING
MATERIALS. An Owner must start construction of an approved dwelling within a period of
one (1) year from the date of Lot purchase. The Developer reserves 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 thirty (30) days after
the one (1) year period. No building materials of any kind, construction equipment or facilities
shall be palced or stored upon any Lot until the Owner is ready to commence construction of
improvements requiring such materials. Building materials, trash or construction vehicles and
equipment shall not be placed or stored in any street or Common Area.
C-20. COMPLETION OF CONSTRUCTION. Any dwelling must be completed in its
entirety within a period of one (1) year from date such construction commenced.
C-21. MOTOR VEHICLE PARIUNG. Abandoned, unused motor vehicles, inoperable
vehicles, commercial trucks, commercial trailers and other similar vehicles and equipment shall
not be stored, parked or permitted to remain on any Lot or within the dedicated street. Boats,
recreational vehicles, trailers and other similar vehicles and equipment shall not be parked on the
Lot or in the dedicated street . Owners or permanent residents are prohibited from parking in the
7
street. There shall be no non-functioning vehicles, marine or otherwise, kept on the Lot. There
shall be no motor vehicle, boat, recreational vehicle or any other mechanical repair work done
outside of the garage.
C-22. MINIMUM FLOOR LEVEL ELEVATIONS. The Committee reserves the right to
prescribe the minimum floor elevations for lots. All homes shall have a minimum floor elevation
of eight (8) inches above the highest point within the setback lines of the Lot and shall be
approved in writing by the Committee.
C-23. UTILITIES. The Owner of any Lot shall install and maintain in conformity with
applicable code requirements and other regulations, underground utility servies, including
electical, natural gas, water, cable and telephone service between the point of delivery of such
utility service as located by the particular utility company to the point of use by the Owner. Any
excavation, digging or backfilling shall be performed in conformity with applicable code
requirements and other regulations for utility services. No individual water supply shall be
permitted or constructed on any Lot. No overhead lines, wires, conduits, cables, or poles for
utility servies shall be permitted on any Lot. No television dish, antennae or similar equipment
shall be installed on any Lot without the prior approval of the Committee.
PART D. ARCHITECTURAL CONTROL COMMITTEE:
D-1. PURPOSE. Developer is desirous of providing and maintaining harmony of external
design and location to the surrounding structures and topography and, for this purpose, herein
creates the Architectural Control Committee (the "Committee"), which shall have the duties,
obligations and responsibilities as set forth herein.
D-2. MEMBERSHIP. The Architectural Control Committee (the "Committee") shall initially
consist of three members, which shall be designated by the Developer. The initial Committee
shall be composed of John Destin McCracken, Whitney Elmore, and Brad Suen. A majority of
the Committee may designate a representative to act for it. In the event of a death or resignations
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 the services performed pursuant to this covenant. Developer
may, at such time as it deems appropriate, release all control over appointments of members of
the Committee to the Board of Directors of the Association by execution of an instrument to
effect such in recordable form. Neither the Developer, the Committee, or the Association shall be
liable in damage to any person submitting requests for approval or to any Owner of a Lot within
the Subdivision by reason of any action„ failure to act, approval, disapproval, or failure to
approve or disapprove, with regard to any request hereunder.
0
D-3. PROCEDURE. The Committee's approval or disapproval as required in these
covenants shall be in writing and in the form hereto attached marked Exhibit "A" which, when
executed, should be retained by the Owner/ builder as proof of the Committee's approval. In the
event the Committee or its designated representative fails to approve or disapprove within thirty
(30) days after plans and specifications have been submitted to it or in the event no suit to enjoin
the construction or compliance with these covenants has been commenced within 180 days after
the completion thereof will not be required and the related covenants shall be deemed to have
been fully complied with.
PART E. KANIS RIDGE ESTATES PROPERTY OWNERS ASSOCIATION, INC.:
E-1. ORGANIZATION. The Developer shall cause the Association to be organized and
formed as a non-profit corporation under the laws of the State of Arkansas and it shall be forever
know by its name as stated herein. The Association and shall be bound by the covenants of the
Bill of Assurance, and its Articles of Incorporation and By-laws, both of which may be amended
from time to time according to their respective provisions.
E-2. MEMBERS AND MEMBERSHIP. The Association will be composed of all Owners
of said Lots in said Subdivision ("Member or Members"). Each Owner of any Lot by acceptance
of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant
and agree to fully abide by and comply with the Articles of Incorporation and By-laws of the
Association, as amended from time to time. Each Owner shall, upon and by virtue of becoming
an Owner, automatically becomes a Member of the Association until ownership ceases for any
reason, at which time the membership automatically ceases. Membership shall be appurtenant to
and may not be separated from ownership of any Lot in the Subdivision. Whenever, the legal
ownership of any Lot is conveyed from one person to another, by whatever means, it shall not be
necessary that any instrument provide for the transfer of membership in the Association. No
certificate of membership will be issued. A fifty-one percent (51%) majority vote of the
Members of the Association will be required to amend any agreement of By -Laws that are set
forth by the Association
E-3. VOTING RIGHTS.
SECTION 1: The Association shall have two classes of voting membership:
Class A: Class A Members of the Association shall be all Owners, with the exception of
the Developer, and shall be entitled to one vote for each Lot owned. When more than one person
holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be
exercised as they determine, but in no event shall more than one vote be cast with respect to any
Lot.
�fl
Class B: The Class B Member shall be the Developer and shall be entitled to ten votes per
Lot owned. The Class B membership shall cease on the happening of the following events:
(a) when all Lots are sold by Developer.
E-4. DIRECTORS. The Association shall act through a three (3) member Board of Directors.
The initial Directors of the Association shall be elected by the Developer and designated in the
By-laws. Each initial Director shall serve for an initial term of three (3) years and thereafter until
his successor is duly elected and qualified. After the expiration of the term of the initial directors,
the Members shall elect a Board of Directors as provided for in the By-laws. Any vacancy from
whatever cause occurring in the Board of Directors during the initial three (3) year term shall be
filled by the remaining Director or Directors. The person appointed by the remaining Director or
Directors to fill such vacancy shall serve for the remainder of the initial three (3) year term and
until his successor is duly elected and qualified. The Directors shall manage the affairs of the
Association.
E-5. COVENANT FOR ASSOCIATION ASSESSMENTS.
SECTION 1: ASSOCIATION ASSESSMENTS. The Association will be responsible
for the operation of the Association, maintenance and improvement of amenities in the Common
Area of the Subdivision. The obligation for maintenance shall specifically include the
maintenance of the detention storage pipes and all private drainage improvements. The
Association shall have the right to charge reasonable fees, both annual and special, for such
purposes. Unless exempted in the Bill of Assurance, each Owner/Owners of a Lot is subject to
assessments as a Member of the Association as set forth in this PART E ("Assessments"). Any
Lot owned by the Developer, any Common Area and property owned by the Association shall be
exempt from, and not subject to, any Assessments, either annual or special, and no such
Assessement shall be due and owing on any such exempt property or Lot.
SECTION 2: CREATION OF THE LIEN, PERSONAL OBLIGATION FOR
ASSESSMENTS. Each Owner of any Lot by acceptance of a deed therefore, whether or not it
shall be so expressed in such deed, is deemed to covenant and agree to pay the Assessments,
such Assessments to be established and collected as set forth herein and in the By-laws. The
Assessments, together with interest, costs and reasonable attorney's fees, shall be shared on the
land and shall be a continuing lien upon the Lot against which each such Assessment is made.
Each Assessment, together with interest costs, and reasonable attorney's fees, shall also be the
personal obligation of the person who is the Owner of such Lot at the time when the Assessment
10
fell due. The personal obligation of an Owner for delinquent Assessments shall not pass to his
successors in title unless expressly assumed by them.
SECTION 3: PURPOSE OF ASSOCIATION ASSESSMENTS. The
Assessments levied by the Association shall be used for the operations of the Association,
detention storage pipes and all private drainage improvements maintenance, and improvements
of amenities within the Common Area of the Subdivision in a manner determined by the
Association.
SECTION 4: PROCEDURE FOR ASSOCIATION ASSESSMENTS. (a) Annual
Asessments. Within sixty (60) days prior to the beginning of each calendar year, the Board of the
Association shall estimate the net charges to be paid by the Association during such year,
including a reasonable provision for contingencies and replacement, less any unexpected income
and any surplus from the prior year's fund for the Association operations, maintenance, drainage
maintenance, and improvements of amenities within the Common Area and shall fix and levy an
Annual Assessment. Written notice of the Annual Assessment shall be sent by the Association to
every Owner of a non exempt Lot subject thereto. Annual Assessments, once levied, will
become due the first (1st) day of January of each calendar year or the first (P) day of the month
following the conveyance of the Lot to the new Owner or as otherwise determined by the
Association. Provided however, that each Lot will be assessed an initial $250.00 Annual
Assessment when purchased by an Owner from the Developer, with the first $250.00 to be paid
to the Association at closing of said Lot. The first Annual Assessment shall be adjusted
according to the number of months remaining in the calendar year and the amount thereof shall
be prorated. (b) Special Assessment. Further, notwithstanding provision to the contrary herein,
the Board of the Association shall be empowered to levy, in any assessment year, a Special
Assessment applicable to that year only for the prupose of deferring and paying, in whole or in
part, the cost of any construction, reconstruction, repair or replacement of a cpaital improvement
located upon and situated in the Common Area and drainage improvements and such other costs
as the Board of the Association shall deem advisable to necesssary. Once levied, Special
Assessments shall be due and payable in the manner of the Annual Assessment. Any Annual
Assessment and Special Assessment shall be uniform for all non-exempt Lots within the
Subdivision. All funds collected hereunder in payment of Assessments shall be deposited in a
banking institution, held, expended and administered through and in the name of the Association
(the "Assessment Fund").
SECTION 5: ASSESSMENT CERTIFICATES. The Association shall, upon
demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association
setting forth whether the assessments on a specified Lot have been paid. A properly executed
certificate of the Association as to the status of assessments is binding upon the Association as
the date of its issuance.
11
SECTION 6: EFFECT OF NONPAYMENT OF ASSESSMENT. Any Assessment
not paid within thirty (30) days after the due date shall bear interest from the due date at the
maximum rate of interest per annum allowed by law, together with costs and reasonable
attorneys' fees. The Association may bring an action at law against the Owner personally
obligated to pay the same, or foreclose the lien against the property. No Owner may waive or
otherwise escape liability for the Assessments provided for herein by nonuse or abandonment of
his Lot. The Board of the Association may suspend voting rights or rights to use Common Areas
by an Owner for any period during which any Assessment against such Owner's Lot remains
unpaid for a period in excess of thirty (30) days; and for a period not to exceed sixty (60) days
for any infraction of the published rules and regulations regarding the use of such common areas
further promulgated by the Association.
SECTION 7: SUBORDINATION OF THE ASSESSMENT LIEN. The Assessments
provided for shall each constitute and be secured by a valid and continuing lien, hereby created
and fixed, and which shall exist upon and against each Lot and all improvements thereon for the
benefit of the Association. The lien of the Assessments provided for herein shall be prior and
superior to all other liens, except that the same shall be inferior and subordinate to (a) all liens
for taxes or special assessments, levied by the City, County and State Governments or any
political subdivision or special district thereof, and (b) all liens securing amounts due or to
become due under any mortgage, vendor's lien or deed of trust filed of record prior to the date
payment of any such Assessments become due and payable, and (c) all liens, including but not
limited to any mortgage, vendor's liens, deeds of trust, and other security instruments which
secure any loan made by any lender to an Owner for any part of the purchase price of any Lot or
for any part of the cost of constructing, repairing, adding or remodeling improvements situated
on the Lot. Any foreclosure of any such prior or superior lien under the power of sale of a
mortgage, deed of trust or other security instrument, or through court proceedings in which the
Association has been made a party, shall cut off and extinguish the liens securing Assessments
which became due and payable prior to such foreclosure date, but no foreclosure shall free any
Lot from the liens securing Assessments thereafter becoming due and payable, nor shall the
liability of any Member personally obligated to pay Assessments which became due prior to such
foreclosure, be extinguished by any foreclosure. Sale or transfer of any Lot shall not affect the
Assessment lien.
PART F. GENERAL PROVISIONS.
F-1. TERM. The rights, use easements and priviledges of the Owners and all other easements
in or to the Common Area and all other terms, covenants, conditions and provisions of the Bill of
Assurance shall be deemed to be covenants to run with the land and shall be of perpetual
duration.
12
F-2. AMENDMENTS BY DEVELOPER. The Developer shall have and reserves the right at
any time and from time to time, without joinder or consent of any Owners or other person, to
amend this Bill of Assurance by any instrument in writing duly signed, acknowledged and filed
for record, for the purpose of correcting any typographical or grammatical error, ambiguity or
inconsistency appearing in the Bill of Assurance, provided that any such amendment shall be
consistent with and in furtherance of the general plan and scheme of development as evidenced
by this Bill of Assurance and shall not impair or affect the vested property or other rights of any
Owner or his mortgagee.
F-3. INTERPRETATION. If this Bill of Assurance or any word, clause, sentence, paragraph or
other part thereof shall be susceptible of more than one or conflicting interpretations, then the
interpretation which is mots nearly in accord with the general purposes and objectives of the
Developer shall govern.
F-4. ONUSSIONS. If any punctuations, word, clause, sentence or provision necessary to give
meaning, vallidity or effect to any other word, clause, sentence or provisions appearing in the
Bill of Assurance shall be omitted then it is hereby declared that such omission was unintentional
and that the omited punctutation, word, clause, sentence or provisions shall be supplied by
inference.
F-5. 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 violations or
to recover damages.
F-6. SEVERABILITY. Invalidation of any one of these covenants by judgment or court order
shall in no way affect any of the other provisions, which shall remain in full force and effect.
F-7. GOVERNING LAW. This Bill of Assurance shall be governed by and construed under the
laws of the State of Arkansas.
EXECUTED this R day of Fd f g o-t J , 2018.
McCracken Land Development, LLC, an Arkansas limited liability company
B
Y
B Mart McC c en, Man agi b r
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Qi a Rock Plwirkg Gorrm€ssion
Chase F. McCracken, Managing Member
ACKNOWLEDGEMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
BE IT REMEMBERED that on this day appeared before the undersigned, a Notary
Public duly commissioned, qualified and acting within and for the County and State aforesaid,
appeared in person the within named Martha S. McCracken, John Destin McCracken and Chase
F. McCracken, being the person or persons authorized by said limited liability company to
execute such instrument, stating his/her capacity to be that of Managing Members of McCracken
Land Development, LLC, an Arkansas limited liability company, to me personally well known,
who stated that he/she as such Managing Members of McCracken Land development, LLC
executed and delivered said foregoing instrument for the consideration, uses and purposes
therein mentioned and set forth.
My Commission Expires: � ) v n e [ � . -)' a')I
(NOTARY SEAL)
SRANDI K. ARPS
MY COMMISSION # 12382606
LL41
EXPIRES: June 16, 202Pulaski
County
14
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Notary Public
EXHIBIT "A"
CERTIFICATE OF APPROVAL
THE ARCHITECTURAL CONTROL COMMITTEE OF KANIS RIDGE ESTATES
SUBDIVISION C)OES HEREBY (_4PPROVE). (DISAPPROVE) THE PLANS ANI]
SPECIFICATION SUBMITTED BY
(BUYER/
BUILDER) FOR THE CONSTRUCTION OF A DWELLING AND/OR MINOR
IMPROVEMENTS TO BE PERFORMED ON LOT
WITNESS MY HAND AND SEAL ON / DAY OF _ F& V0-(
RA- 8
KANIS RIDGTE ESTATFSSU13DIVISION
ARCIRTEC: " RA . CONTROL COMMITTEE
BY: _� U 1� ma', n
Im
STATE OF ARKANSAS p )
) ss-
COUNTY OF PULASKI )
On this day before appeared UA;+h!2j El hurC Arad Evcn J6kn b- lNCCrackcn
who stated that he/they were authorized by the rchitecturai Control CArnittee to execute the
foregoing and that they had executed same for the consideration and purposes therein set forth.
My commission expires: .,}l1nL `, �o2 _ _ ✓E tn�IC.0 -
'Notary Public
(NOTARY SEAL)
�5
BRANDI K. ARPS
MY COMMISSION # 12382606
EXPIRES: June 16, 2021
Pulaski Cou*
Exhibit B
IN FURTHERANCE THEREOF, the Open Space Tract identified as Sanitary Sewer Pump Station
O.S. Tract C, which Developer hereby conveys to the Little Rock Water Reclamation Authority
free and clear of liens.
Legal Description SanitarV Sewer Pump Station Open Space Tract "C"
Commencing at a found 1/2" rebar at the southeast corner of Lot 40; thence along the south
line of said Lot 34, North 88 degrees 33 minutes 11 seconds West 46.85 feet to the point of
beginning;
thence North 88 degrees 33 minutes 11 seconds West 34.00 feet; thence North 00 degrees 06
minutes 03 seconds East 22.84 feet; thence South 89 degrees 53 minutes 57 seconds East 25:27
feet; thence South 01 degrees 18 minutes 36 seconds East 5.26 feet; thence South 24 degrees
57 minutes 08 seconds East 20.29 feet to the point of beginning containing 0.02 acres more or
less.
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IIIIIIIIIIIIIIIIIIIIIIIIIII111111 l 111111 2018008395
PRESENTED: 02-12-2018 02:32:20 PM RECORDED: 02-12-2018 02:38:57 PM
In Official Fields o=Larry Crane Cirau=ottn i Clerk
PUL,A C AR-5M
, 4�2 0l�ov g��t
I I IIII I IIIIIII (IIII II IIII I I IIIIIII II III 2018037385
PRESENTED 06-15-2016 10 37 47 AM RECORDED 06-15-2018 10 43 40 AM
In Official Records of Larry Crane Circuit/County Clerk
PULASKI CO, AR FEE $90.00
A e -re(ordn +C) aaA P P I a+' �o 1 -7 3
KANIS RIDGE ESTATES SUBDIVISION
AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS
DECLARATION OF RESTRICTIVE COVENANTS
AND BILL OF ASSURANCE
PART A. PREAMBLE AND PLAT AND BILL OF ASSURANCE:
WHEREAS, this Declaration of Restrictive Covenants and Bill of Assurance ("Bill of
Assurance") is made on the date hereinafter set forth by McCracken Land Development, LLC, an
Arkansas limited liability company (herein after referred to as the "Developer"); and
WHEREAS, the Developer, is the owner, by virtue of deed records filed in the office of
the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, of the following land
situated in Pulaski County, Arkansas, to wit:
TRACT 10, SACH'S SUBURBAN SUBDIVISION, FILED FOR RECORD BOOK
2, PHASE 87, RECORDS OF PULASKI COUNTY ARKANSAS. LYING IN THE
SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 1 NORTH, RANGE 13 WEST,
PULASKI COUNTY, ARKANSAS more particularly described as follows:
Beginning at a found 1" bolt at the Southeast Corner of Summit Ridge Subdivision South
01 degrees 47 minutes 13 seconds West 320.98 feet; thence North Right -of -Way line of
Kanis Road; thence along said Right -of -Way North 35 degrees 18 minutes 59 seconds West
397.54 feet; thence leaving said Right -of -Way South 88 degrees 38 minutes 32 seconds East
1,394.57 feet to the point of beginning containing 9.36 acres more or less.
WHEREAS, it is desirable that all of the above described property be platted into various
, lots and streets; and
WHEREAS, the Pulaski County Real Estate Assessor and Office of Emergency Services
have approved said Subdivision and street names.
NOW THEREFORE, WITNESSETH:
Developer, for and in consideration of the benefits to accrue to it and its successors and
assigns, which benefits it acknowledges to be of value, has caused said land hereinabove
described to be surveyed and a plat (hereinafter referred to as the "Plat") thereof made by Robert
D. Holloway, Holloway Engineering, a Professional Engineer, License Number 2335, said Plat
bearing the signature of the said Surveyor and Engineer and being of record in the office of the
Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas (the "Recorder") in Plat
Book , Page , dividing said land into tracts, lots and streets as shown on the Plat and
showing dimensions of each lot and the width of the streets.
IN FURTHERANCE THEREOF, Developer warrants and represents that it has laid off,
platted and subdivided, and does hereby lay off, plat and subdivide the land herein described, in
accordance with the aforesaid Plat. The land embraced in said Plat shall be forever known as:
KANIS RIDGE ESTATES SUBDIVISION, an Addition to the City of Little Rock, Pulaski
County, Arkansas (the "Subdivision"). Any and every deed of conveyance of any Lot in said
Subdivision describing the same by the Lot and Block number shown on said Plat shall always
be deemed a sufficient description thereof.
IN FURTHERANCE THEREOF, the streets shown on said Plat in said Subdivision shall
be and hereby are dedicated as public roads to be accepted by the City of Little Rock for
maintenance. The filing of this Declaration of Restrictive Covenants and 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 right-of-way of streets as designated on
the Plat.
IN FURTHERANCE THEREOF, there are areas of ground shown and dimensioned on
the Plat marked "Easements", which Developer hereby donates and reserves for the use of and
by public utilities, and for Developer, its successors and assigns for drainage, fencing, entry,
maintenance, landscape and other Developer purposes, subject at all times to the proper
authorities and to the easements and restrictive covenants herein reserved. The filing of this
Declaration of Restrictive Covenants and 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 Easements as designated on the Plat and as Easement areas are
designated within the boundaries of the respective Lots.
2
IN FURTHERANCE THEREOF, there are areas of ground shown and dimensioned on
the Plat marked as open areas (hereinafter called "Common Area"), which Developer hereby
conveys to the Association free and clear of liens, but subject to the use, rights and easement of
the Association Members and all other easements and covenants affecting the Common Area as
set out or referred to in the Bill of Assurance, prior to the time any Lot is conveyed to an Owner.
SEE bi#'9'
Any word contained in this Bill of Assurance shall be read as the singular or the plural
and as the masculine, feminine or neutral gender as may be applicable in the particular context.
Furthermore, unless otherwise defined herein, the following words shall have the meaning
attributed below:
(i) "Association" means the Kanis Ridge Estates Property Owners Association, Inc. an
Arkansas not for profit corporation, which shall be formed by the Developer, for the operation of
the Association, maintenance, and improvements of amenities within the Common Areas of the
Subdivision in a manner as determined by the Association.
(ii) "Common Area" means all real property and any improvements thereon which are or
may be designated on the Plat or any subsequent plat as such an area or an open area, which are
or may be in the future reserved for the common use of Developer, its agents, employees,
servants, invitees, guests, successors or assigns, the Association and any Owners, their agents,
employees, servants invitees or guests.
(iii) "Lot" or "Lots" means any plot of land shown, identified and platted by and depicted
on the Plat as a residential building Lot designated as Lots 1 through 41.
(iv) "Owner" or "Owners" means the record title holder, whether one or more, persons or
entities, of fee simple title to any Lot, but excluding any person or entity merely holding a lien or
security interest in a Lot.
Developer has established the Association for the purposes of ownership and
maintenance of the Common Area and appurtenances belonging thereto. Furthermore, the areas
shown and dimensioned on said Plat marked as "easement", which Developer may assign the
drainage, entry, fencing, maintenance and landscape easement to the Association, and the
Association shall thereafter maintain and keep the same in good repair and pay all costs
associated said drainage, entry, fencing, maintenance, landscaping and repair of same.
All Owners of a Lot platted hereby, and all persons, natural and artificial, claiming any
interest in any Lot platted hereby, shall take their titles subject to the grants, rights, retainage,
privileges and reservations herein contained, including but not limited to, public streets, the
rights of public utilities and the utility, drainage, entry, fencing, maintenance and landscape
easements shown on the Plat. The Owners are subject to and are joined as Members of the
Association and Subdivision. The Lots in this Subdivision shall be sold or conveyed by
Developer and shall be purchased, acquired, owned, possessed, held and occupied subject to the
covenants, restrictions and provisions set forth above and as follows in the Bill of Assurance,
c
each of which and all of which shall be covenants running with said lands above described and
shall be binding upon any Owners and their respective heirs, successors and assigns, in order to
maintain the lands in the Subdivision above described as desirable, uniform and suitable
residential property. The use of the land in said Subdivision being subject to the following
Protective and Restrictive Covenants:
PART B. AREA OF APPLICATION
B-1. FULLY PROTECTED RESIDENTIAL AREA. The residential area covenants in
Part C in their entirety shall apply to the entire Subdivision.
PART C. RESIDENTIAL AREA COVENANTS:
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 the Lots. No building shall be erected, altered, placed or allowed to remain on
any Lot other than one (1) detached residential dwelling not to exceed two stories in height,
excluding basement area. No Lot shall be subdivided for any purpose. Provided that Developer,
or a builder authorized by Developer, may construct, landscape and furnish one or more
dwellings to be used a model units for promotional or sales purposes. No dwelling can be
occupied prior to the issuance of a certificate of occupancy of any government having
jurisdiction and requiring a building permit.
C-2. 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, including landscaping, have been approved by the ARCHITECTURAL
CONTROL COMMITTEE (the "Committee") as to quality of workmanship and materials,
harmony of external design with existing structures, and as to location with respect to
topography and finish grade elevation, and intended objectives of the Committee to achieve a
subdivision that accomplishes the desired architectural design in the structure and Subdivision
ascetics. No fence or wall shall be erected, placed or altered on any lot nearer than the setbacks
as shown on the Plat. The term structure is defined to include any and all types of fences,
antennas, decks, permanent basketball goals, swimming pools and television satellite dishes,
which in no event shall be placed in front of dwellings. Each property owner requesting
approval shall submit to the Committee at least two (2) weeks prior to the time approval is
needed, a plot plan, complete set of house plans with completed material and specifications list, a
general landscaping plan and such other documents and the Committee may request. Approval
shall be provided in Part D hereof.
4
C-3. DWELLING COST, QUALITY AND SIZE, STORAGE OF MATERIALS. Each
dwelling must be a minimum of 1,800 square feet in size for heated and cooled living area
thereof, exclusive of porches, patios, garages, cabanas, breezeways, exterior stairways, porte
coachers and storage areas. It being the intention and purpose of the covenants to assure that all
dwellings shall be of a quality of workmanship and materials substantially the same or better
than that for the minimum permitted dwelling size. Each dwelling shall have a minimum of a
private, fully enclosed two (2) car garage. No open carports are to be permitted. No portion of
any garage shall thereafter be converted into living space or for any other purpose. No elevated
tanks of any kind shall be placed on any Lot. No manufactured houses are allowed. Site built
homes only are allowed. All garbage and trash containers, equipment, HVAC equipment,
generators, coolers or wood piles must be enclosed by a wall to conceal them from the view of
neighboring Lots or streets. No individual mailboxes shall be constructed on any Lot. The
Developer shall construct four (4) Common Area mail kiosks at the locations shown on the final
Plat of the Subdivision. All Owners agree to use only the mailbox kiosk for the delivery and
receipt of mail.
C-4. BUILDING LOCATION. No building shall be located or permitted to remain on any
Lot, nearer to the front Lot line, rear Lot line, side Lot line or the side street line, than the
minimum building setback lines as shown on the recorded Plat. For the purposes of this
covenant, eaves and steps shall not be considered as part of the building. No Lot shall be
subdivided and no more than one (1) detached dwelling shall be permitted on any one (1) Lot.
C-5. BUILDING REQUIREMENTS. Roofs shall feature only Architectural Shingles or
other shingle material approved by the Committee. Outside construction may be brick, rock, or
other materials approved by the Committee, with all walls constructed with the same material.
All homes shall have a minimum of nine (9) foot ceilings on the first floor and shall have a
minimum private/enclosed two (2) car garage. All garages shall be constructed of the same
materials as the dwelling. No chain link fences shall be allowed. All fences shall be of a wood or
ornamental iron type as approved by the Committee. All homes in the Subdivision shall
construct a six (6) foot wood fence along the outer perimeter of the Subdivision, and shall be
approved by the Committee. All buildings shall have gutters on the front, back and sides of the
home and such gutters shall be properly drained. Vinyl may be used on windows and door
facings, dormers and soffit if approved by the Committee.
C-6. SIDEWALKS. Developer will construct sidewalks per the design, requirements and
standards of the City of Little Rock and the Americans With Disabilities (ADA), which are
shown on the sidewalk plan approved by the City of Little Rock. Upon the completion of said
construction, the responsibility of maintenance or repairs shall become the responsibility of each
individual Lot Owner and shall meet all governing requirements.
5
C-7. EASEMENTS. Easements for installation and maintenance of utilities and drainage
facilities, and construction, repair and maintenance of adequate walls, roofs and eaves are
reserved as shown on recorded Plat.
C-8. NUISANCES. No noxious or offensive trade or activities shall be carried on, nor shall
anything be done thereon which may be or become a nuisance to the neighborhood.
C-9. TEMPORARY STRUCTURES. No mobile home or trailer, or structure of a temporary
character, basement, tent, shack, garage, barn, or other outbuilding shall be used on any Lot at
any time as a residence either temporarily or permanently; except that the Developer may have a
temporary construction and/ or sales office.
C-10. OUTBUILDINGS AND ABOVE GROUND POOLS. Outbuilding for storage shall
not be permitted. Above ground swimming pools are prohibited.
C-11. SIGNS. No sign of any kind shall be displayed to the public view on any Lot; except,
one professional sign of not more than (5) square feet advertising the property for sale or rent or
any signs used by a builder to advertise the property during the construction and sales period.
C-12. OWNER RESPONSIBILITY. All property Owners shall insure that any contractor
performing services for the property Owner shall comply with the provisions of this Bill of
Assurance.
C-13. CONTRACTOR RESPONSIBILITY. No contractor shall damage in any way the
utilities, draingage, sidewalks or streets, easements or any Developer improvements in any
manner.
C-14. OIL AND MINING OPERATIONS. No oil drilling, oil development operations, oil
refining, quarrying, or mining operations or any kind shall be permitted upon on in any Lot, nor
shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No
derrick or structures designated for use in boring for oil or natural gas shall be erected,
maintained or permitted upon any Lot.
C-15. LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind may be
raised, bred, or kept on any Lot, except dogs and cats may be kept on any Lot provided that they
are not kept, bred, or maintained for any commercial purpose and provided facilities for
maintenance of same are approved by the Committee and that the keeping of same does not
constitute a nuisance.
A
C-16. 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. There shall be no burning of trash, rubbish, leaves or yard waste.
C-17. 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 Lot corner which the triangular area formed by the
street property lines and the line connecting then at points fifteen (15) feet from the intersections
of street right of way lines, or in the case of a rounded property corner, from the intersection of
the street property line extended. The same sight line limitations shall apply on any Lot within
ten (10) feet from the intersection for the street property line with the edge of a driveway
pavement. No tree shall be permitted to remain within such distances or such intersections
unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
C-18. LOT, YARD, AND HOME MAINTENANCE. All Owners, after acquisition of any
Lot, shall keep all grounds and yards mowed, trimmed and clean. All yards must be fully sodded
and shall have an irrigation system installed with each Lot to have a separate meter for each
irrigation system. All houses shall be painted and stained where applicable and must have
landscaping beds in front. No yard art, yard ornaments, sculptures are permitted without
approval of the Committee. No deviation from the original plans shall be permitted without
approval of the Committee.
C-19. COMMENCEMENT OF CONSTRUCTION AND STORAGE OF BUILDING
MATERIALS. An Owner must start construction of an approved dwelling within a period of
one (1) year from the date of Lot purchase. The Developer reserves 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 thirty (30) days after
the one (1) year period. No building materials of any kind, construction equipment or facilities
shall be palced or stored upon any Lot until the Owner is ready to commence construction of
improvements requiring such materials. Building materials, trash or construction vehicles and
equipment shall not be placed or stored in any street or Common Area.
C-20. COMPLETION OF CONSTRUCTION. Any dwelling must be completed in its
entirety within a period of one (1) year from date such construction commenced.
C-21. MOTOR VEHICLE PARING. Abandoned, unused motor vehicles, inoperable
vehicles, commercial trucks, commercial trailers and other similar vehicles and equipment shall
not be stored, parked or permitted to remain on any Lot or within the dedicated street. Boats,
recreational vehicles, trailers and other similar vehicles and equipment shall not be parked on the
Lot or in the dedicated street . Owners or permanent residents are prohibited from parking in the
7
street. There shall be no non-functioning vehicles, marine or otherwise, kept on the Lot. There
shall be no motor vehicle, boat, recreational vehicle or any other mechanical repair work done
outside of the garage.
C-22. NIININIUM FLOOR LEVEL ELEVATIONS. The Committee reserves the right to
prescribe the minimum floor elevations for lots. All homes shall have a minimum floor elevation
of eight (8) inches above the highest point within the setback lines of the Lot and shall be
approved in writing by the Committee.
C-23. UTILITIES. The Owner of any Lot shall install and maintain in conformity with
applicable code requirements and other regulations, underground utility servies, including
electical, natural gas, water, cable and telephone service between the point of delivery of such
utility service as located by the particular utility company to the point of use by the Owner. Any
excavation, digging or backfilling shall be performed in conformity with applicable code
requirements and other regulations for utility services. No individual water supply shall be
permitted or constructed on any Lot. No overhead lines, wires, conduits, cables, or poles for
utility servies shall be permitted on any Lot. No television dish, antennae or similar equipment
shall be installed on any Lot without the prior approval of the Committee.
PART D. ARCHITECTURAL CONTROL COYMTTEE:
D-1. PURPOSE. Developer is desirous of providing and maintaining harmony of external
design and location to the surrounding structures and topography and, for this purpose, herein
creates the Architectural Control Committee (the "Committee"), which shall have the duties,
obligations and responsibilities as set forth herein.
D-2. MEMBERSHIP. The Architectural Control Committee (the "Committee") shall initially
consist of three members, which shall be designated by the Developer. The initial Committee
shall be composed of John Destin McCracken, Whitney Elmore, and Brad Suen. A majority of
the Committee may designate a representative to act for it. In the event of a death or resignations
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 the services performed pursuant to this covenant. Developer
may, at such time as it deems appropriate, release all control over appointments of members of
the Committee to the Board of Directors of the Association by execution of an instrument to
effect such in recordable form. Neither the Developer, the Committee, or the Association shall be
liable in damage to any person submitting requests for approval or to any Owner of a Lot within
the Subdivision by reason of any action„ failure to act, approval, disapproval, or failure to
approve or disapprove, with regard to any request hereunder.
1.1
D-3. PROCEDURE. The Committee's approval or disapproval as required in these
covenants shall be in writing and in the form hereto attached marked Exhibit "A" which, when
executed, should be retained by the Owner/ builder as proof of the Committee's approval. In the
event the Committee or its designated representative fails to approve or disapprove within thirty
(30) days after plans and specifications have been submitted to it or in the event no suit to enjoin
the construction or compliance with these covenants has been commenced within 180 days after
the completion thereof will not be required and the related covenants shall be deemed to have
been fully complied with.
PART E. KANIS RIDGE ESTATES PROPERTY OWNERS ASSOCIATION, INC.:
E-1. ORGANIZATION. The Developer shall cause the Association to be organized and
formed as a non-profit corporation under the laws of the State of Arkansas and it shall be forever
know by its name as stated herein. The Association and shall be bound by the covenants of the
Bill of Assurance, and its Articles of Incorporation and By-laws, both of which may be amended
from time to time according to their respective provisions.
E-2. MEMBERS AND MEMBERSHIP. The Association will be composed of all Owners
of said Lots in said Subdivision ("Member or Members"). Each Owner of any Lot by acceptance
of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant
and agree to fully abide by and comply with the Articles of Incorporation and By-laws of the
Association, as amended from time to time. Each Owner shall, upon and by virtue of becoming
an Owner, automatically becomes a Member of the Association until ownership ceases for any
reason, at which time the membership automatically ceases. Membership shall be appurtenant to
and may not be separated from ownership of any Lot in the Subdivision. Whenever, the legal
ownership of any Lot is conveyed from one person to another, by whatever means, it shall not be
necessary that any instrument provide for the transfer of membership in the Association. No
certificate of membership will be issued. A fifty-one percent (51%) majority vote of the
Members of the Association will be required to amend any agreement of By -Laws that are set
forth by the Association
E-3. VOTING RIGHTS.
SECTION 1: The Association shall have two classes of voting membership:
Class A: Class A Members of the Association shall be all Owners, with the exception of
the Developer, and shall be entitled to one vote for each Lot owned. When more than one person
holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be
exercised as they determine, but in no event shall more than one vote be cast with respect to any
Lot.
is
Class B: The Class B Member shall be the Developer and shall be entitled to ten votes per
Lot owned. The Class B membership shall cease on the happening of the following events:
(a) when all Lots are sold by Developer.
E-4. DIRECTORS. The Association shall act through a three (3) member Board of Directors.
The initial Directors of the Association shall be elected by the Developer and designated in the
By-laws. Each initial Director shall serve for an initial term of three (3) years and thereafter until
his successor is duly elected and qualified. After the expiration of the term of the initial directors,
the Members shall elect a Board of Directors as provided for in the By-laws. Any vacancy from
whatever cause occurring in the Board of Directors during the initial three (3) year term shall be
filled by the remaining Director or Directors. The person appointed by the remaining Director or
Directors to fill such vacancy shall serve for the remainder of the initial three (3) year term and
until his successor is duly elected and qualified. The Directors shall manage the affairs of the
Association.
E-5. COVENANT FOR ASSOCIATION ASSESSMENTS.
SECTION 1: ASSOCIATION ASSESSMENTS. The Association will be responsible
for the operation of the Association, maintenance and improvement of amenities in the Common
Area of the Subdivision. The obligation for maintenance shall specifically include the
maintenance of the detention storage pipes and all private drainage improvements. The
Association shall have the right to charge reasonable fees, both annual and special, for such
purposes. Unless exempted in the Bill of Assurance, each Owner/Owners of a Lot is subject to
assessments as a Member of the Association as set forth in this PART E ("Assessments"). Any
Lot owned by the Developer, any Common Area and property owned by the Association shall be
exempt from, and not subject to, any Assessments, either annual or special, and no such
Assessement shall be due and owing on any such exempt property or Lot.
SECTION 2: CREATION OF THE LIEN, PERSONAL OBLIGATION FOR
ASSESSMENTS. Each Owner of any Lot by acceptance of a deed therefore, whether or not it
shall be so expressed in such deed, is deemed to covenant and agree to pay the Assessments,
such Assessments to be established and collected as set forth herein and in the By-laws. The
Assessments, together with interest, costs and reasonable attorney's fees, shall be shared on the
land and shall be a continuing lien upon the Lot against which each such Assessment is made.
Each Assessment, together with interest costs, and reasonable attorney's fees, shall also be the
personal obligation of the person who is the Owner of such Lot at the time when the Assessment
10
fell due. The personal obligation of an Owner for delinquent Assessments shall not pass to his
successors in title unless expressly assumed by them.
SECTION 3: PURPOSE OF ASSOCIATION ASSESSMENTS. The
Assessments levied by the Association shall be used for the operations of the Association,
detention storage pipes and all private drainage improvements maintenance, and improvements
of amenities within the Common Area of the Subdivision in a manner determined by the
Association.
SECTION 4: PROCEDURE FOR ASSOCIATION ASSESSMENTS. (a) Annual
Asessments. Within sixty (60) days prior to the beginning of each calendar year, the Board of the
Association shall estimate the net charges to be paid by the Association during such year,
including a reasonable provision for contingencies and replacement, less any unexpected income
and any surplus from the prior year's fund for the Association operations, maintenance, drainage
maintenance, and improvements of amenities within the Common Area and shall fix and levy an
Annual Assessment. Written notice of the Annual Assessment shall be sent by the Association to
every Owner of a non exempt Lot subject thereto. Annual Assessments, once levied, will
become due the first (1st) day of January of each calendar year or the first (1s) day of the month
following the conveyance of the Lot to the new Owner or as otherwise determined by the
Association. Provided however, that each Lot will be assessed an initial $250.00 Annual
Assessment when purchased by an Owner from the Developer, with the first $250.00 to be paid
to the Association at closing of said Lot. The first Annual Assessment shall be adjusted
according to the number of months remaining in the calendar year and the amount thereof shall
be prorated. (b) Special Assessment. Further, notwithstanding provision to the contrary herein,
the Board of the Association shall be empowered to levy, in any assessment year, a Special
Assessment applicable to that year only for the prupose of deferring and paying, in whole or in
part, the cost of any construction, reconstruction, repair or replacement of a cpaital improvement
located upon and situated in the Common Area and drainage improvements and such other costs
as the Board of the Association shall deem advisable to necesssary. Once levied, Special
Assessments shall be due and payable in the manner of the Annual Assessment. Any Annual
Assessment and Special Assessment shall be uniform for all non-exempt Lots within the
Subdivision. All funds collected hereunder in payment of Assessments shall be deposited in a
banking institution, held, expended and administered through and in the name of the Association
(the "Assessment Fund").
SECTION 5: ASSESSMENT CERTIFICATES. The Association shall, upon
demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association
setting forth whether the assessments on a specified Lot have been paid. A properly executed
certificate of the Association as to the status of assessments is binding upon the Association as
the date of its issuance.
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SECTION 6: EFFECT OF NONPAYMENT OF ASSESSMENT. Any Assessment
not paid within thirty (30) days after the due date shall bear interest from the due date at the
maximum rate of interest per annum allowed by law, together with costs and reasonable
attorneys' fees. The Association may bring an action at law against the Owner personally
obligated to pay the same, or foreclose the lien against the property. No Owner may waive or
otherwise escape liability for the Assessments provided for herein by nonuse or abandonment of
his Lot. The Board of the Association may suspend voting rights or rights to use Common Areas
by an Owner for any period during which any Assessment against such Owner's Lot remains
unpaid for a period in excess of thirty (30) days; and for a period not to exceed sixty (60) days
for any infraction of the published rules and regulations regarding the use of such common areas
further promulgated by the Association.
SECTION 7: SUBORDINATION OF THE ASSESSMENT LIEN. The Assessments
provided for shall each constitute and be secured by a valid and continuing lien, hereby created
and fixed, and which shall exist upon and against each Lot and all improvements thereon for the
benefit of the Association. The lien of the Assessments provided for herein shall be prior and
superior to all other liens, except that the same shall be inferior and subordinate to (a) all liens
for taxes or special assessments, levied by the City, County and State Governments or any
political subdivision or special district thereof, and (b) all liens securing amounts due or to
become due under any mortgage, vendor's lien or deed of trust filed of record prior to the date
payment of any such Assessments become due and payable, and (c) all liens, including but not
limited to any mortgage, vendor's liens, deeds of trust, and other security instruments which
secure any loan made by any lender to an Owner for any part of the purchase price of any Lot or
for any part of the cost of constructing, repairing, adding or remodeling improvements situated
on the Lot. Any foreclosure of any such prior or superior lien under the power of sale of a
mortgage, deed of trust or other security instrument, or through court proceedings in which the
Association has been made a party, shall cut off and extinguish the liens securing Assessments
which became due and payable prior to such foreclosure date, but no foreclosure shall free any
Lot from the liens securing Assessments thereafter becoming due and payable, nor shall the
liability of any Member personally obligated to pay Assessments which became due prior to such
foreclosure, be extinguished by any foreclosure. Sale or transfer of any Lot shall not affect the
Assessment lien.
PART F. GENERAL PROVISIONS.
F-1. TERM. The rights, use easements and priviledges of the Owners and all other easements
in or to the Common Area and all other terms, covenants, conditions and provisions of the Bill of
Assurance shall be deemed to be covenants to run with the land and shall be of perpetual
duration.
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F-2. AMENDMENTS BY DEVELOPER. The Developer shall have and reserves the right at
any time and from time to time, without joinder or consent of any Owners or other person, to
amend this Bill of Assurance by any instrument in writing duly signed, acknowledged and filed
for record, for the purpose of correcting any typographical or grammatical error, ambiguity or
inconsistency appearing in the Bill of Assurance, provided that any such amendment shall be
consistent with and in furtherance of the general plan and scheme of development as evidenced
by this Bill of Assurance and shall not impair or affect the vested property or other rights of any
Owner or his mortgagee.
F-3. INTERPRETATION. If this Bill of Assurance or any word, clause, sentence, paragraph or
other part thereof shall be susceptible of more than one or conflicting interpretations, then the
interpretation which is mots nearly in accord with the general purposes and objectives of the
Developer shall govern.
F-4. OMISSIONS. If any punctuations, word, clause, sentence or provision necessary to give
meaning, vallidity or effect to any other word, clause, sentence or provisions appearing in the
Bill of Assurance shall be omitted then it is hereby declared that such omission was unintentional
and that the omited punctutation, word, clause, sentence or provisions shall be supplied by
inference.
F-5. 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 violations or
to recover damages.
F-6. SEVERABILITY. Invalidation of any one of these covenants by judgment or court order
shall in no way affect any of the other provisions, which shall remain in full force and effect.
F-7. GOVERNING LAW. This Bill of Assurance shall be governed by and construed under the
laws of the State of Arkansas.
EXECUTED this l eday of FCb f Clary , 2018_
McCracken Land Development, LLC, an Arkansas limited liability company
By:
Z�Z411 2
Ma McC c en, M gin b r
By: x p ,,,a�,
�l of rnin"?lE:'n Si i � .v
d stin cCrAc Managing Member e Cif' cR i_irJe ROG,, WWI rsi�r r0g," i;:.rs.
required, G
arza.,0i dia-mu.t. of b:3
lftda K=sujmvis1on and zoning cr :n:.n ems.
13
2,111 2 tQ
G's a Rod, Pinning Corrimission
Chase F. McCracken, Managing Member
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
COUNTY OF PULASKI )
BE IT REMEMBERED that on this day appeared before the undersigned, a Notary
Public duly commissioned, qualified and acting within and for the County and State aforesaid,
appeared in person the within named Martha S. McCracken, John Destin McCracken and Chase
F. McCracken, being the person or persons authorized by said limited liability company to
execute such instrument, stating his/her capacity to be that of Managing Members of McCracken
Land Development, LLC, an Arkansas limited liability company, to me personally well known,
who stated that he/she as such Managing Members of McCracken Land development, LLC
executed and delivered said foregoing instrument for the consideration, uses and purposes
therein mentioned and set forth.
My Commission Expires: w (- f o�)
(NOTARY SEAL)
a Ri"• v BRAND] K. ARPS
_.• �,
MY COMMISSION # 12382606
EXPIRES; June 16, 2021
Pulaski County
14
L ' � i
Notary Public
EXI IMIT "A"
CERTIFICATE OF APPROVAL
THE ARCHITECTURAL CONTROL COMMITTEE OF KANIS RIDGE ESTATES
SUBDIVISION DOES HEREBY (APPROVE). (DISAPPROVE) THE PLANS AND
SPECIFICATION SUBMITTED BY
S (BUYER/
BUILDER) FOR THE CONSTRUCTION OF A DWELLING AND/OR MINOR
IMPROVEMENTS TO BE PERFORMED ON LOT
WITNESS MY HAND AND SEAL ON Ia�h DAY OF _F&yoV c
KANIS RIDGF: ESTATES SUBDIVISION
ARCIRTECTWRAL CONTROL C O-WITT.EE
BY:
W
BY:
STATE OF ARKANSAS 4 )
} Ss.
COUNTY OF PULASKI )
On this day before appeared W lti+h C E l �vu rC a - SO Cr'1 , t- a 6�� D - mccfa ckcn
who stated that he/they were authorized by the Xmhitectural Control Co)nmittee to execute the
foregoing And that they had executed same for the consideration and purposes therein set forth.
My commission expires: jt]r1C a� i _ �►'�
Notary Public
(NOTARY SEAL)
15
"•.',€ ;: BRANDI K. ARPS
MY COMMISSION # 123826o6
EXPIRES: June 16, 2021
Pulaski County
Exhibit B
IN FURTHERANCE THEREOF, the Open Space Tract identified as Sanitary Sewer Pump Station
O.S. Tract C, which Developer hereby conveys to the Little Rock Water Reclamation Authority
free and clear of liens.
Legal Description SanitarV Sewer Pump Station Open Space Tract "C"
Commencing at a found 1/2" rebar at the southeast corner of Lot 40; thence along the south
line of said Lot 34, North 88 degrees 33 minutes 11 seconds West 46.85 feet to the point of
beginning;
thence North 88 degrees 33 minutes 11 seconds West 34.00 feet; thence North 00 degrees 06
minutes 03 seconds East 22.84 feet; thence South 89 degrees 53 minutes 57 seconds East 25.27
feet; thence South 01 degrees 18 minutes 36 seconds East 5.26 feet; thence South 24 degrees
57 minutes 08 seconds East 20.29 feet to the point of beginning containing 0.02 acres more or
less.
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