HomeMy WebLinkAboutBill of Assurance 122123Pq
This Instrument Prepared By:
Glenn E. Borkowski
900 South Shackleford Road, Suite 605
Little Rock, Arkansas 72211
2006073191
09/14/206 93:08:19 PM
Filed 6 Recorded in
Official Records of
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BILL OF ASSURANCE
KANIS VILLAGE PHASE I
AN ADDITION TH4 CITY OF
LITTLE ROCK, PULASKI COUNTY, ARKANSAS
WHEREAS, Kanis Village, L.L.C., an Arkansas limited liability company (herein
"Owner"), is the record owner of Lots 1 through 260, Kanis Village, an Additio o the City of
Little Rock, Pulaski County, Arkansas, as such plat is recorded in Plat Book at Page
&L, of the records of the office of the Circuit Clerk and Ex Officio Recorder for Pulaski
County, Arkansas (herein "Kanis Village Property"); and
WHEREAS, Owner desires to develop 84 lots (designated as Lots I through 84) (herein
"Phase I") as a residential housing addition to the City of Little Rock, Pulaski County, Arkansas,
and has caused the Phase I lands to be surveyed and platted into lots; and
WHEREAS, it is in the best interest of the Owner as well as the prospective purchasers of
the lots, that the Phase I lands be known as Kanis Village Phase 1, and that the use of said lots be
restricted as hereinafter provided.
NOW THEREFORE, in consideration of the premises, and for the purposes above
mentioned, the Owner has caused Phase I to be platted into numbered lots with the size, location
and boundaries of each lot shown on said plat, which has been filed for record, and every deed of
boundaries of each lot shown on said plat, which has been filed for record, and every deed of
conveyance of any lot in Phase I described by number as shown on said plat shall be held and
deemed a sufficient description for the conveyance thereof; subject to the reservations hereinafter
stated, which shall be for the use and benefit of, and binding upon, the present Owner, its
successors and assigns, and upon all fixture owners of lots within Phase I.
1. Dedication of Streets. All streets shown on the plat of Phase I are hereby
dedicated to the use of the public.
2. Land Use. No lot in Phase I shall be used except for single-family residential
purposes. No building shall be erected, altered, placed or permitted to remain on any lot other
than one, detached, single family dwelling, not to exceed two (2) stories in height, plus a
basement, and private attached or detached two car garage for the owners' or occupants'
vehicles, and other outbuildings to residential use of the lot.
3. Restriction on Commercial Use. No commercial building of any kind or type
shall be erected, not shall any commercial activity be conducted on any Phase I lot. Further, no
oil or gas drilling, oil or gas development operation, or mining shall be permitted upon any
Phase I lot.
4. Phase I Residence Specification . Phase I shall be developed with one (1) story
houses that shall have a minimum square footage of 1,700 square feet of heated area, or two (2)
story houses that shall have a minimum of 1,700 square feet of heated area with the first floor
having a minimum of 1,000 square feet of heated area. House exterior side walls shall be all
brick or a combination of brick and stone. "Drivit/dryvit" or stucco surfaces shall be limited to
25% of the exterior surface. Wood siding, Masonite products, vinyl siding shall be used on the
fascia, soffit, side facing gables and dormers only (all gables facing any front or side street must
be brick or stone). The roof for a house shall have a minimum 8-12 pitch and shall be
constructed of three tab architectural shingles.
5. Architectural Control. No building, fence, wall or other structure shall be
constructed, erected, or maintained, nor shall any addition thereto or change or alteration therein
be made until plans and specifications, color scheme, plat plan, and grading plan therefor, and
other information satisfactory to the Owner, or its duly authorized representative, shall have been
submitted in writing to and approved in writing by the said the Owner, or its duly authorized
representative. In passing upon such plans, specifications, and other requirements, the Owner, or
its duly authorized representative, may take into consideration the suitability of the proposed
building, fence, wall or other structure, and the materials of which it is proposed to erect the said
building, fence wall or other structure, the harmony thereof with the surroundings, and the effect
of the building, fence, wall or other structure as planned on the outlook from adjacent or
neighboring property. The Owner's approval or disapproval as required by this Bill of
Assurance shall be in writing. In the event the Owner, or its designated representative, fails to
approve or disapprove within twenty (20) days after plans have been submitted, or in any event,
if no suit to enjoin the construction has been commenced prior to the completion thereof,
approval will not be required and the related covenants shall be deemed to have been complied
with fully. Nothing contained in this Bill of Assurance nor any consent by the Owner shall in
any way be deemed to prevent any lot owner(s) of the Phase I lots from enforcing any legal
rights which such lot owner(s) may have as to any improvement in Phase I. The authority
reserved to the various lot owner(s) in this paragraph shall extend to granting and allowing
reasonable variances from the mandates of other requirements in these restrictions so long as the
exercise of the Owner's discretion does not unreasonably diminish the overall value of Phase I as
a residential setting.
G. Pry Ovyners' Association. Owner shall establish a property owners'
association for the Phase I lots which shall take title to certain common areas as identified on the
plat and shall maintain and control such common areas. The Phase I property owners'
association shall have the right and power to create by-laws by which it shall be governed. Dues
in the amount of $125 per year shall be collected at the time of the closing of each lot in Phase 1,
prorated to January 1, and dues shall be due yearly on January 1 of each year thereafter. Owner
or any transferee who shall assume the Owner's position as the developer of the Kanis Village
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Property or any part thereof shall not be liable for dues on unsold lots. The dues shall be useN'
pay the expenses for maintaining the Phase I common areas for the benefit of all Phase I property
owners. The Phase I property owners' association shall in its sole discretion control the uses and
expenditures of such funds. The Phase I property owners' association shall have the right to
collect any and all unpaid dues by filing an appropriate legal action against any and all applicable
lot owners who fail and refuse to pay the dues together with a reasonable attorney's fee. The
payment of dues is not applicable to undeveloped lots and those residences being held for
original sale by the developer or the builder of same. Furthermore, the failure to pay dues prior
to April 1 of each year shall create a right in the Phase I property owners' association to file a
lien against the lot in the deed records of Pulaski County, Arkansas.
7. Subseouent Residential Phases of the Kanis_ Village Pro g ly
. If required by any
supplement to this bill of assurance, all lot owners on future residential phases of the Kanis
Village Property may, at the election of the Owner or any transferee who shall assume the
Owner's position as the developer of the Kanis Village Property or any part thereof, be subject to
the Phase I property owners' association, its rules and regulations and entitled to all the rights
and privileges created by it, The Phase I property owners' association shall take title to any
additional common areas associated with such future residential phases as identified on the plat
and shall maintain and control such additional common areas.
8. Common Area. Owner declares that the Phase I lots will benefit from all the
common areas established and identified on the plat pf Phase I. In light of this fact, any and all
owners of each lot in Phase I as well as future residential phases of the Kanis Village Property,
as the Owner may designate as set forth in Section 7 above, are bound to contribute to the cost of
maintaining the common area in the uniform manner. These common areas include, but are not
limited to, the Buffer Zones and the 1.09 Acre Mitigation Area described below.
9. Single Family Residence. No more than one (1) immediate family can reside in
one residence unless they are tax dependents of the lot owner or elderly parents.
10. TemporaryStorne, Maintenance of Lots. No lot will be used for the storage of
materials for a period greater than thirty (30) days prior to the start of construction and thereafter
construction of residences shall be completed within twelve (12) months from the date
construction begins. No lot shall be used or maintained as a dumping ground, and no trash,
garbage or other waste shall be kept except in sanitary containers. All lots shall be maintained in
a neat and orderly condition at all times.
11. Location and Character of Buildings and Other Iinprovenimts. No building shall
be located on any lot nearer to the front line, or nearer the side street line, than the building set
back lines reflected in the subdivision and zoning ordinances of the City of Little Rock,
Arkansas. Further, no fence, hedgerow or similar obstruction which extends nearer to the front
property line than the front of the residence shall be erected or maintained on any lot. No fences
consisting of wire or metal posts will be permitted, only wooden or higher quality privacy fences
shall be permitted.
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12. Obstructions to Visibility at Intersections.
(a) No sign, hedge, fence, shrubbery, natural growth, or other obstruction to
the view higher than thirty (30) inches above the level of the center of an adjacent intersection
shall be installed, set out, or maintained, within the triangular area between the property line and
a diagonal line joining points on the property line fifty (50) feet from the point of their
intersection. In the case of rounded comers, the triangular area so restricted shall be between the
tangents to the curve and the diagonal line joining points on said tangent fifty (50) feet from the
point of their intersection. The tangents referred to are those at the beginning and at the end of
the curve at the corner. In any event, any part of the area within the restricted triangle as shall
encroach within the interior of the setback lines applicable to any lot or parcel of real property
shall be exempted from the application of this section and shall not be deemed a part of the
visibility area.
(b) Subparagraph(a) above does not apply to (i) public utility poles, (ii) small
trees that do not exceed twelve (12) inches in diameter (trimmed to the trunk) to a line at least
eight (8) feet above the level of the intersection, (iii) saplings or plant species of open growth
habits and not planted in the form of a hedge which are so planted and trimmed as to leave at all
seasons a clear and unobstructed cross -view, or (iv) official warning signs or signals at places
where the contour of the ground is such that there can be no cross -visibility at the intersection.
(c) Embankments, retaining walls and other obstructions within the area
described in subparagraph (a) of this paragraph that obstruct the view so as to endanger life or
property are a traffic safety hazard and shall be removed at the direction of the Little Rock public
works department. In order to do so the Little Rock public works department may enter the real
property and to take any necessary action to effect full compliance with provisions of this
section. The owner of the real property shall be liable to the City of Little Rock for the expenses
incurred in removing the obstruction.
13. Restrictive Covenants Re arding Certain Mitigation Areas.
(a) The Kanis Village Property plat indicates several areas lying along various
unnamed ephemeral stream channels that are designated as "green space". These areas, as well
areas affecting Lots 59, 139, 140, 141, 198 through 205, and 261, ranging 30-50 feet in width
along the unnamed ephemeral stream channels, shall be maintained as herbaceous riparian buffer
zones and wildlife habitat (the "Buffer Zones"). The Buffer Zones shall exist as open areas shall
be planted with additional trees for further enhancement. The Buffer Zones may be maintained
by mowing two (2) times a year.
(b) In addition, the Kanis Village Property plat indicates an area designed as
the "1.09 Acre Mitigation Area". The 1.09 Acre Mitigation Area shall remain in its natural state
and shall be preserved in perpetuity for riparian buffer and wildlife habitat. The 1.09 Acre
Mitigation Area may not be converted to another use, including, but not limited to: clearing,
logging, bushhogging, mowing, spraying with herbicides, filling, leveling, draining, dumping,
construction of any structure, or any other activity that would adversely impact the natural state
of the 1.09 Acre Mitigation Area without obtaining a Department of the Army permit. Proposed
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ITIMMEMIZEEM
resource management activities or recreational facilities involving alteration of the 1.09 Acre
Mitigation Area must have prior approval from the Little Rock District Corps of Engineers.
14. Outbuildings and Other St_nictures. No outbuilding, tent, shack, garage, barn,
modular home, manufactured home, or vehicle capable of use as living quarters, either
permanently or temporarily, may be erected on or moved onto any lot, except construction
trailers during the period of construction. No structure of any temporary character shall be
permitted on any lot. No residence previously used shall be moved onto any lot. Boats
recreational vehicles must be parked or stored behind the front of the residence and inside a
privacy fence that is at least six feet in height. Detached storage buildings are permitted so long
as they conform to the architectural character of the residence. No sheet iron buildings are
permitted. All roofs shall be of composition materials the same as the residence and exterior
paint colors shall be same as the residence. All storage buildings must be set on a concrete slab
and approved by the Owner as set forth in paragraph 5.
15, Automobile Repair. There shall be no automobile repairs or parking of immobile
or junk automobiles, trucks or motorcycles as same are customarily defined on either the front,
side or rear of any residential site, nor shall there be any repair work permitted on any said
vehicles on any of the lots so that said vehicles under repair may be readily seen by occupants
and owners of neighboring residences, except for those emergency repairs which would only
occasionally be required as the result of unexpected malfunctions. It is the specific intention of
this covenant to prohibit the practice of keeping and maintaining automobiles, trucks, or
motorcycles or any other vehicle which is constantly or periodically being repaired or modified
and which is kept in plain view of neighboring residences.
16. Parking Restrictions Generally. No lot owner or visitor may park a vehicle on
any street for an extended period of time. Trailers, recreational vehicles, and boats may not be
parked or stored in front of any house or on any street at any time. If a lot owner owns a corner
lot, then the same applies to the street side of the house.
17. Certain Parking Pads. No vehicle, trailer, boat, or recreational vehicle shall be
parked on any surface other than a concrete pad which covers the entire dimensions of said
vehicle; in addition, such concrete pad must meet all location restrictions set forth in
paragraph 16. No semi -trailers are permitted except during the construction of a residence.
18. Sanitary Sewer. All residences shall be connected to the sanitary sewage system
approved by the City of Little Rock, Arkansas, with no other form of private sewage systems
permitted.
19. Nuisances. No noxious or offensive trade or activity shall be carried on upon any
lot, nor shall any trash, ashes or other refuse be thrown, placed or dumped upon any vacant lot,
nor shall anything ever be done which may be or become an annoyance or nuisance to the Danis
Village Property. Trash, garbage or other waste shall not be kept except temporarily in a sanitary
container.
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20. Animals. No animals, livestock or poultry of any kind shall be raised, bred or
kept on any lot, except dogs, cats or other household pets may be kept, provided they are not
kept, bred, or maintained or any commercial purpose. No wild animals are to be on premises for
any reason.
21. Animal Control. No dog may be chained on any lot unless within a fenced
enclosure.
22. Mailboxes. Any residence receiving mail at the lot location must house the
mailbox in a receptacle approved by the United States Postal Service encased in a free-standing
brick and mortar housing matching or complementing the principal residence and subject to
approval under paragraph 5 above. Receptacles for receiving newspaper deliveries must be built
into the above -described receptacles in the same manner as the mailbox. No appendages shall be
allowed to hang from the brick and mortar housing described above except that street numbers
may be added to the brick portion of mailbox and temporary, seasonal decorations.
23. Swag. No sign of any kind shall be displayed to public view on any lot for
other purposes than to advertise the property for sale or for rent. No advertising signs or
business signs are permitted except for construction signs while the initial new construction of a
residence is under progress and being sold. Real estate for sale signs are permitted and related
signs, such as arrows and open house signs. Alarm security signs are permitted.
24. Antennas. Antennas are not permitted.
25. Satellite Dishes. Satellite dishes must be less than two (2) feet in diameter and
must be located at the back or side of the residence.
26. Amendment. The Owner may at any time amend this bill of assurance in
compliance with any state law or regulation pertaining to bills of assurance and restrictive
covenants or property rights in general and in order to give full legal force and effect to the plan
of development set forth herein. Furthermore, the Owner may amend this bill of assurance in
such a manner as is necessary to establish the validity of the bill of assurance and the provisions
set forth herein. Once all of the lots within Phase I or any additional residential phases of the
Kanis Village Property have been sold by the Owner, this bill of assurance may be amended in
accordance with procedures set forth in the by-laws of the Phase I property owners' association
described in paragraph 6, above.
27. Duration. The covenants and restrictions contained herein shall be and continue
in force for a period of twenty (20) years from the date hereof and shall be automatically
extended for successive ten (10) year periods thereafter, unless a lot owner shall make
application to remove such restrictive covenants at the expiration of any twenty or ten year
period and have an agreement by the majority of the lot owners at such time.
28. Covenants Running with the Land. The covenants, agreements and restrictions
herein set forth shall run with the title to the Phase I lots and bind the Owner and all future
owners, their heirs, successors and assigns; and all parties claiming by, through or under them
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shall be taken hold, agree and covenant with the owners of other Phase I lots, their heirs,
successors and assigns, as to the covenants and agreements herein set forth and contained. None
shall be personally binding on any person, persons, or corporation except with respect to
breaches committed during its, his, her or their holding of title to Phase I lots.
29. Right to Enforce. Any owner or owners of Phase I lots shall have the right to sue
for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the
observance of any of the covenants, agreements or restrictions contained herein together with
any other rights to which they might otherwise be entitled under the laws of the State . of
Arkansas.
30. Partial Invalidation. Invalidation of any one of these covenants by judgment to
court order shall not affect any of the other provisions which shall remain in full force.
EXECUTED at Little Rock, Arkansas this f 1 'day of September, 2006.
p0jowed only for indusion of minimum standards
req*ed by the City of tittle Ra :k subdvision regulatiar s.
Bill of Assuranc* provisions established by the
developer may rxcaed min �i nun ^ rEgulations of tho
Little Rock subdivision and zoning ordinances,
f a
ty of Little Rock lanning Commission
KANIS VILLAGE, L.L.C.
7
ACKNOWLEDGMENT
State of Arkansas )
County of )
On this I day of September, 2006, before me, a Notary Public, duly commissioned,
qualified and acting, within and for said County and State, appeared in person the within named
being the person authorized by Kanis Village, L.L.C., an Arkansas
limited liability company, to execute such instrument, stating his capacity in that behalf, to me
personally well known, who stated that he was a manager of Kanis Village, L.L.C., and executed
and delivered said foregoing instrument for the consideration, uses and purposes therein
mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this
a tl' day of September, 2006.
�a'- 'V
Notary Public
My commission expires:
ViE K. CUETN
[SEAL] NOTARY P6;BLIC-STIR OF ARKANSAS
L®NOKE CdtlN r'Y
My G7mrrrIssion Expires 5-15-201 4 F
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