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HomeMy WebLinkAboutS-1735-B ApplicationEi EL 1yRLa YJY 'R[{aanaN 9BEE-i SB IS0a1 -JJ .{aca0 py2 .olld'u 199C3IV4o'8'6uVCgmng EJNIH33NION3 AVMOTIOH ,,pp w u940e. IM u4996 :.{o} sasuuy "o) 149e1nd Joq or4l P P440 94 01 uoPppe ue $3 20M 9WN 20 a03 VW IVUIJ 16 mia sv :a[Roe e; W/ei/i :aiaa HOW :paa�vu� H3r :AO a,R a z B2 /S oJd•ZOT-Y[OZia[d[vutd\uaVoe JOIN ui]cv0 - avotl afuvH uoicTnf GOn6 aJaV E'6 ZOi-viOZ\"\Yi OZ\1 L,IL11111111111!!�!lrrr C,IRCII/r rf♦ 01-1 -rrrrr`�Sk� Ci3li��.•'`�4�` lrrrllnnlllll� IIIIIIIIIIIIIII��IIIIIIIIIIIIIII I III III 2018008395 PRESENTED: 02-12-2018 02:32:20 PM RECORDED: 02-12-2018 02:38:57 PM In Official Records of Larry Crane Circuit/County Clerk PULASKI CO, AR FEE $85.00 -� 7.oc(6o0 g�� 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 tracts, 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: KAKIS 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. KA 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 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, 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 CON MTTEE (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. 0 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. 0 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 PARKING. 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. E:3 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. �i 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. 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 Bi1I 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 Jeday of Ed f V VJ , 2018. McCracken Land Development, LLC, an Arkansas limited liability company By: M cc;ac en, Mana in M ber 3o stin McCry�c Managing Member �a� % ` 1 ^sY iur i ciusi� ei r� ; im�:m siznda; By: �! requirod,I bay .;e Z'ifi} of lilft Rock SLE�a�.�, J sic- i .. agul-alk-,ns. �e SNI of PI! E!ranc—n provisions eS�;. Si G v�rtii? davta10; M.a.y a." a"i rnii i ; nLin i r evufaIiCra 0f t:3 Unle Rock subdivision and zoning v d nsno s. 13 qlLy—zo--Lb— Wi'bbtft Rock Planning rArnmission 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: Uyl c ( 03 1 (NOTARY SEAL) DRAM _`� ""ter =•= K ARP M1' COMM1 SIGN # 12382606 ••9,�nt�,,' EXPIRM June 16, 2021 Pulaski County 14 Lom L . QJ�W_ 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 BUILDER) FOR THE CONSTRUCTION OF A D'vv1 L" Lf' G AND/OR MINOR IMPROVEMENTS TO BE PERFORMED ON LOT WITNESS MY HAND AND SEAL ON ! -th p 8 DAY OF KAKIS RIDGF, ESTATES SUBDIVISION ARCHITEL RAL CONTROL COMMITTEE i BY: STATE OF ARKANSAS ) COUNTY OF PULASKI ) ss. On this day before appeared E l ivu (e ;; 77 who stated that he/thev were authorized by the rchitectural Co � of �nrnl e toy J6kn D mccrackcn e tile foregoing and that they had executed same for the consideration and purposes therein set forth. My commission expires: ?OQ �� ' �,t k �.2 (NOTARY SEAL) Notary Public 15 13RANDI K. ARPS MY COMMISSION # 12382606 EXPIRES: June 16, 2021 Pulaski County James, Donna From: Vincent Hotho <Steven.Hotho@lrwra.com> Sent: Friday, February 9, 2018 3:17 PM To: brandi@holloway-eng.com Cc: roland@holloway-eng.com; 'Jessica Suen'; James, Donna; Gerald Gregory; Allen Gatlin Subject: RE: Final Plat Kanis Ridge Attachments: FinalPlatKanisRidgeEstates20l4-102_1-19-18.pdf LRWRA has reviewed this Final Plat and does not object to its filing. There may be no sewer connection permits for this subdivision purchased from LRWRA until all project closeout conditions are satisfied, including the Pump Station Maintenance Agreement, as per our Standard Specifications. Vince Hotho Engineering Program Supervisor 11 Clearwater Dr. Little Rock, AR 72204 Office: (501)688-1452 www.irwra.com LITTLE ROCK Water Redamati©n ONE V; ATE It kdo r oror V4) •uruui.. This email and any fifes transmitted with it are confidential and intended solely for the use of the individual or entity to whore they are addressed. If you have received this email in error, please notify the sender. This message may contain confidential information, and is intended only for the individual named. CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: KANIS RIDGE ESTATES INSPECTOR REPORT I have made a final inspection of the improvements and find that: All improvements shown on construction drawings for the development with City requirements/standards. Certain Improvements remain uncompleted and a punch list has been pr Engineering Specialist ADDRESSING SPECIALIST REPORT I have reviewed the plat and -find that the street names and street configuration are ac �- Addressing Specialist TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: All streetlight installation, striping, signage and other traffic improvement conformance with City requirements/standards. .- street signs should be ordered and billed to developer. Work order Certain improvements remain uncompleted and a punch list has been pre; Approved engineering drawings for streetlight system have been received responsible to furnish as -built drawings once streetlights have been install Traffic Engineer CIVIL ENGINEER REPORT I have reviewed the file for this matter and find that: The maintenance bond has been submitted and it is the proper type and Financial assurance for the uncompleted improvements listed above has As -built drainage plans in electronic form have been submitted. All other requirements for final plat approval have been satisfied. Civil Engineer I/II SURVEYOR REPORT I have reviewed the plat and find that: 1 All equirements for final plat approval have been satisfied. "/ Surveyor MANAGER APPRrVAL All Civil Engineering requirements for filing this final plat have been satisfied. f � r 2 J 12/l 1 Design Review Engineer/Civil Engineering Manager Effective: Feb 12, 2018 constructed and in conformance and sent. been constructed and are in ,e been prepared for signage. and sent. approved. Applicant is received. 21/2-J Ib'