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HomeMy WebLinkAboutS-1042-A ApplicationBILL OF ASSURANCE WELLINGTON VILLAGE TRACT A AND PORTIONS OF WELLINGTON VILLAGE ROAD WINROCK DEVELOPMENT COMPANY TO THE PUBLIC KNOW ALL MEN BY THESE PRESENTS: That Winrock Development Company, hereinafter called Developer, is the owner of the following described property, to -wit: A part of the S1/2 of the SW1/4 of Section 31, T-2-N, R-13-W, Pulaski County, Arkansas, more particularly described as: Commencing at the SW corner of Lot 687, St. Charles Addition to the City of Little Rock, and the SE corner of said SW1/4, Section 31; thence N87o38'55"W along the South line of the said S1/2 of the SW1/4, Section 31, 854.08 ft.; thence N1006'03"E, 280.98 ft. to the point of beginning; thence N46o42'15"W, 477.67 ft.; thence N53o30'39"W, 60.00 ft.; thence N36o29'21 "E, 722.66 ft.; thence S53o30'39"E, 60.00 ft.; thence S36o29'21 "W, 374.90 ft.; thence S53o30'39"E, 360.98 ft.; thence S2302'15"W, 343.96 ft.; thence S10o16'27"W, 77.60 ft. to the point of beginning, containing 4.50 acres more or less. WHEREAS it is deemed desirable that all of the above -described property be subdivided into the tract shown on the plat filed in conjunction with this Bill of Assurance; and WHEREAS, it is deemed desirable that all of the above -described property be held, owned, and conveyed subject to protective covenants herein contained, THIS INSTRUMENT PREPARED BY: Shults, Ray & Kurrus 200 West Capitol, Suite 1600 Little Rock, Arkansas 72201-3637 NOW, THEREFORE, Developer does hereby certify that it has caused said tract of land to be surveyed by White-Daters & Associates, Registered Land Surveyors, and a plat (the "Plat") thereof made which is identified by the title Wellington Village Tract A, an Addition to the City of Little Rock, Arkansas, and the date , and said Plat bears the signature of the said land surveyor and Developer, and bears a Certificate of Approval executed by the Little Rock Planning Commission and is of record in the office of the Circuit Clerk and Recorder of Pulaski County, Arkansas, in Plat Book , at page , and the Developer does hereby make this Bill of Assurance. Developer does hereby certify that it has laid off, platted, and subdivided, and does hereby lay off, plat, and subdivide, said real estate as Wellington Village Tract A, an Addition to the City of Little Rock, Pulaski County, Arkansas, and each and every deed of conveyance for such tract describing the same by the number or numbers as shown on said Plat shall always be deemed a sufficient description thereof. There are shown on said Plat certain easements, including easements for drainage and utilities. Developer hereby donates and dedicates such easements to and for the use of the public utilities, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, water, and sewer, with the right hereby granted to the persons, firms, or corporations engaged in the supplying of such utility services to use and occupy such easements and to have free ingress and egress therefrom for the installation, maintenance, repair, and replacement of such utility services. Any and all other easements and reservations shown on the Plat, such as easements and reservations for entry facilities, signs, landscaping, ingress and egress, fencing and the like are also hereby dedicated and donated to and for -2- the use of The Villages of Wellington Community Association, Inc. or the grantees shown on the Plat. The filing of the Plat and this Bill of Assurance for record in the office of the Circuit Clerk and Recorder of Pulaski County, Arkansas, shall be valid and complete delivery and dedication of the easements shown on said Plat. The property herein described and platted and any interest therein shall be held, owned, and conveyed subject to and in conformity with the following covenants, which, subject to being amended or cancelled as hereinafter provided, shall be and remain in full and effect until January 1, 2020: 1. Land Use And Building Type. Said land herein platted shall be held, owned, and used only for purposes approved in writing by Developer and approved by the City of Little Rock. No structure shall be erected, altered, placed or permitted to be remain on this tract other than for church use, unless another use is hereafter approved by the City of Little Rock. 2. Architectural Control. No structure shall be erected, placed, or altered on Wellington Village Tract A until the building plans, specifications, exterior color scheme, landscaping, and plot plan showing the location and facing of such building with respect to existing topography, adjoining streets, and finished ground elevations have been submitted to and approved in writing by the Developer. In the event Developer shall fail to approve or disapprove or request additional information regarding the plans, specifications, exterior color scheme, or plot plan submitted to it as herein required within thirty (30) days after such submission, this covenant shall be deemed to have been fully -3- met by the person submitting such plans for approval. Nothing herein contained nor the required consent of the Developer shall in any way be deemed to prevent any of the owners of property in The Villages of Wellington from maintaining any legal action relating to improvements within Wellington Village Tract A which they would otherwise be entitled to maintain. There shall be no compensation to Developer for the services to be performed pursuant to this provision. 3. Lot Area. This lot shall not be subdivided without first obtaining the written consent of Developer and of the Little Rock Planning Commission. 4. Building Location: Additional Restrictions. No building, fence, or wall shall be constructed on this lot nearer to the street than the building lines and setback lines shown on said Plat. No tower, antenna, dish antenna, satellite dish, transponder or other similar apparatus shall be allowed on the property described herein, except for a satellite receiver dish of a neutral color, without visible advertising thereon, which is not greater than eighteen (18) inches in diameter. All service areas such as loading and unloading docks, trash storage areas and equipment facilities such as air conditioning compressors, gas meters, a satellite receiver dish (subject to all other restrictions), and other potentially unsightly features shall be screened from view from the surrounding streets and residential neighborhoods. 5. Tem ora Structures. Temporary structures being used during construction shall be removed within thirty (30) days after completion of construction. In no event shall temporary structures, trailers, tents, shacks, or garages be retained on the property to be -4- occupied either as a residence, commercial structure, or temporary office unless said use accompanies the construction of permanent facilities. 6. Fences. Developer may require the owners of the property to construct fencing on the premises to conform to that provided by Developer on adjoining property. The design, construction, and material of any fence or wall must be submitted for consideration by Developer in the same manner as provided in paragraph 2 hereinabove for architectural control. 7. Easements. No building, fences, paved driveways, or any other permanent structure or improvement of any kind, whether herein specifically enumerated or not, shall be built or maintained within the area of any of the easements, and no alteration including grading, filling, excavation, or other site work may be done within the area of any of the easements shown on the Plat which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of drainage channels, which may obstruct or retard the flow of water through drainage channels or which may otherwise restrict the use of such easements for their intended purposes. In the event any such obstruction is placed thereon in violation of this restriction and reservation, no public authority will be liable for destruction of same in maintaining or repairing its lines located within the area of said easement. Easements, including drainage channels, shall be mowed and generally maintained by the owner of the property over which the easement or drainage channel is platted, except for improvements installed in those easements for which a public authority or utility is responsible. -5- 8. Ste. Only one free-standing construction sign, which sign must have received the Developer's prior written approval, will be permitted at the lot during construction. No permanent signs shall be commenced, erected, or maintained on the property unless complete plans, specifications, and site plans showing the design, nature, kind, shape, height, color scheme, building materials, and location shall have been submitted to and approved in writing by the Developer. 9. Duty Of Maintenance. All owners and occupants of any part of the property shall jointly and severally have the duty and responsibility, at their sole cost and expense, to keep the exterior portion of the property, including buildings, improvements, signs, structures, fences, and grounds, in a well maintained, safe, clean, and attractive condition at all times. Maintenance includes, but is not limited to, the following: (a) prompt removal of all trash, litter, refuse, yard waste, debris, unused building materials and waste; (b) lawn mowing; (c) tree and shrub pruning; (d) watering of landscaping; (e) keeping exterior lighting and mechanical facilities in working order; (f) keeping lawn and garden areas alive, free of weeds, and attractive; (g) keeping parking areas, driveways and roads neat, clean, and in good repair; (h) complying with all governmental, health, and police requirements; (i) repairing and painting the exterior of improvements when necessary. 10. Property Lines And Boundaries. Iron pins have been set on all lot corners and points of curve, and all curve data as shown on the attached Plat is centerline curve data unless otherwise noted. In the event of minor discrepancies between the dimensions or distances as shown on the attached Plat and the actual dimensions or distances as disclosed by the established pins, the original pins as set shall control. 51 11. Enforcement. In the event of any attempt to violate any of the covenants or restrictions herein contained before the expiration date hereof, it shall be lawful for Developer to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restriction, and either to prevent him or them from doing so or to recover damages in any court of law for such violation. 12. Amendment. These covenants and restrictions may be cancelled or amended if any instrument signed by Developer and the owner of the said area covered by the Plat is placed of record agreeing to change the covenants and restrictions of this instrument in whole or in part, and the provisions of such cancellation or amendment so executed shall be binding from the date duly filed for record in the office of the Circuit Clerk and Recorder of Pulaski County, Arkansas. It is expressly provided, however, that Developer shall have the independent right to amend these covenants and restrictions at any time during the development and construction of improvements on the property covered by the Plat, or while Developer owns any property in The Villages of Wellington. Developer's right to amend these covenants and restrictions shall also require the prior approval of the Little Rock Planning Commission. Any such amendments by Developer shall be effective and binding when filed for record in the office of the Circuit Clerk and Recorder of Pulaski County, Arkansas. The right to so amend, modify, extend, change, and/or cancel as aforesaid shall exist at all times prior to January 1, 2020, and shall also exist at all times during each and every successive period extending the covenants, restrictions, requirements, and provisions of this bill of assurance. -7- 13. Severability. The invalidation of any one of these covenants or restrictions by judgment of a court of competent jurisdiction shall in no way affect any of the other provisions which shall remain in full force and effect. The considerations set forth in items 1 through 13 are hereby approved by the City of Little Rock Planning Commission. Any additional requirements, restrictions, or statements are entered without review or action by the Planning Commission, and shall not be considered a part of the Little Rock Planning Commission's requirements for Plat approval. IN WITNESS WHEREOF, Developer has caused these presents to be executed this C day of August, 1995. WINROCK DEVELOPMENT COMPANY gy Ronald C. Tyne, P ident 011112W11 Gary Catlett, Secretary STATE OF ARKANSAS ss. COUNTY OF PULASKI ACKNOWLEDGMENT On this day before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Ronald C. Tyne and Gary Catlett, to me well known, who stated and acknowledged that they were President and Secretary, respectively, of Winrock Development Company, a corporation organized under the laws of the State of Arkansas, and as such were duly authorized in their respective capacities to execute the foregoing document for and in the name and on behalf of said corporation, and further stated that they had so signed, executed, and delivered the 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 August , 1995. My commission expires: 5- 1-2005 Notaroublic ..,, 0"71,7"C'IAL SEAL �:R."Y A. BROOKS PULASM COUNTY My COTin.:_-L-i ErY Tres: S • 1 - --- W Cit of Little Rock Engineering Division 1114— DepFmmem of iCl west t:.aiNnan Public WprkS Little Hock, L.r;.ansEs 7:23�� 'sit•=P11 F" -i - 1 =•1, CIVIL ENGINEERING RESPONSE The Civil Engineering Kequirenents for Filing of Final Plats have been satisfied. Approval fcr filing of this plat can be issued (,{Jf 4-o•4 VP-/j ,, rC4CT - Signed 3yS— CLR Pu=LIC ►r07LKS DEPT. DATE TO AGENCY F 7-- T FROM ,AGENCY F 7,x T PLO,-"-E T TOTr�T PAGES City of Little Rock 0CPSnmer,l 01 PI;S!1c %%G-ks 7C1 Wes, I:.z%nz- Liale Hock. Aokznsas 7i2: 13D7 '. :211 rf.X --c7 CIVIL ENGINE=RING :c= S?0lN'SE Enaineerinq Division i a Clvi1 �nglneerir)g Fe-clu1rements for : 1-ing of ::na1 Plats have been satlsfled. =Drovaj for f111ncj of _h_Js Dla CG.i '� , be -issued �%CI�+ ,v••J v' c. � ACT S_c-:ed 3y AUG-11-95 FRI 16:59 F. 2 © WHITE-❑ATERS S ASSOCIATES, INC ■ 401 Victory Street Little Rock, Arkersas 72201 0 [501 j 374-1666 August 10, 1995 Mr. David Scherer, P.E. Design Review Engineer City of Little Rock Public Works Department 701 W. Markham Little Rock, AR 72201 RE: Platting of Tract A The Villages of Wellington David: Winrock Development Company, the Developer of The Villages of Wellington, wishes to plat Tract A. They are willing to provide the City a Letter of Credit or CD for the amount estimated below. Site Preparation 1 LS 2000.00 Unclassified Excavation 1600 CY 6.25 18" RCP Culvert 436 LF 20.00 24" RCP Culvert 325 LF 26.00 Inlets 4 EA 950.00 Curb & Gutter 1460 LF 5.50 8" Compacted SB-2 2600 SY 5.25 2" Hot Mix Asphaltic WS 2600 SY 4.00 Sidewalk 320 SY 16.0 Barricade and Sign 2 EA 500.00 Engineering & contingencies $ 2,000.00 $10,000.00 $ 8,720.00 $ 8,450.00 $ 3,800.00 $ 8,030.00 $13,650.00 $10,400.00 $ 5,150.00 1,000.00 $71,170.00 �10,675.50 $81,845.50 If this seems satisfactory, please advise Mr. Bobby Sims. Thank you for your assistance. JDW/tmr 0 r9 CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING CITY OF LITTLE ROCK, ARKANSAS DEPARTMENT OF NEIGHBORHOOD REVITALIZATION AND PLANNING FILING FEES NO. DATE Z3" r , 19 Annexation . . . . . . . . . . . . . . . . . $ Board of Adjustment Application. . . . . . $ Conditional Use Permit . . . . . . . . . . . $ Final Plat . . . . . . . . . . . . . . . . . $ l09 Planned Unit Development r� . . . . $ Preliminary Plat Rezoning Applicatio . AUG 25 1993 $ Site Plan (Multiple c anin k $ CRY&fp Special Use Permit . BUIL•DING•GGUE $ Street, Alley, or Easement Closure . . . . $ Street Name Change . . . . . . . . . . . . . $ Street Name Signs: # Signs at ea. . $ TOTAL $ / 0 S� File No.: Sa��'� Address: ty Applicant: By: