HomeMy WebLinkAboutS-1042-B ApplicationPLAT AND BILL OF ASSURANCE
THE VILLAGES OF WELLINGTON
LOTS 1 THROUGH 12, BLOCK 1
LOTS 1 THROUGH 9, BLOCK 2
LOTS 1 THROUGH 11, BLOCK 3
LOTS 1 THROUGH 11, BLOCK 4
LOTS 32 THROUGH 36, BLOCK 4
LOT 1, BLOCK 5
LOT 6, BLOCK 5
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 property:
A part of the SE1/4, SW1/4, Section 31, T-2-N, R-13-W, Pulaski County,
Arkansas more particularly described as: Beginning at the Northeast corner
of the said SE1/4, SW1/4 and the Southeast corner of Lot 240 Dairy Farm
Addition; thence S02ol6'25"W along the West line of Lots 711 thru 702, St.
Charles Addition as recorded in Book E Page 41 and Book D Page 696,
900.80 ft. to a point on the West line of said Lot 702, St. Charles Addition;
thence N8207'53"W, 108.29 ft.; thence S07o41'52"W, 86.75 ft.; thence
N83ol 3'07"W, 50.0 ft.; thence N87o40'51 "W, 107.61 ft.; thence
S07o33'53"W, 45.43 ft.; thence N89o54'29"W, 249.53 ft.; thence
N63o37'50"W, 268.05 ft.; thence N2302'40"E, 323.54 ft.; thence
N31 o32'52"E, 126.22 ft.; thence N53o51'46"W, 122.13 ft.; thence
N56o59'34"W, 50.10 ft.; thence N53o28'01 "W, 124.84 ft.; thence
N36o29'21 "E, 415.75 ft.to a point on the South line of Lot 239 said Dairy
Farm Addition; thence S87o32'51 "E along the South line of said Lots 239
and 240 said Dairy Farm Addition, 608.28 ft. to the Southeast corner of said
Lot 240 and the point of beginning, containing 16.0089 acres more or less.
THIS INSTRUMENT PREPARED BY:
Shults, Ray & Kurrus
200 West Capitol, Suite 1600
Little Rock, Arkansas 72201
WHEREAS, it is deemed desirable that all of the above described property be
subdivided into building lots, tracts, and streets as shown on the plat filed in conjunction
, with this Bill of Assurance; and
WHEREAS, the aforementioned property is part of the real property which is subject
to a Declaration of Covenants and Restrictions filed on August 18, 1995, in the office of
the Circuit Clerk and Recorder of Pulaski County, Arkansas, as Instrument No. 95-
("The Declaration of Covenants and Restrictions"), which establishes a
community with common facilities and amenities known as The Villages of Wellington; and
WHEREAS, it is deemed desirable that all of the above described property be
subdivided, held, owned and conveyed subject to the covenants and restrictions contained
in The Declaration of Covenants and Restrictions and subject also to the easements,
reservations and restrictions shown on the Plat which is filed in conjunction herewith, and
subject also to the protective covenants contained in this bill of assurance in order to
enhance the value of such property.
NOW, THEREFORE, Developer has caused the Property to be surveyed by White-
Daters & Associates, Inc., Registered Land Surveyors, and a plat thereof made which is
identified by the title The Villages of Wellington, an Addition to the City of Little Rock,
Arkansas, and the date August 11, 1995, and said plat bears the signature of the said
Land Surveyor and the said 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 , and Developer does hereby
make this Bill of Assurance applicable to such Property.
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Developer does hereby certify that it has laid off, platted and subdivided, and does
hereby lay off, plat and subdivide said real estate as The Villages of Wellington, an
Addition to the City of Little Rock, Pulaski County, Arkansas, and each and every deed of
conveyance for any lot or tract in said Addition describing the same by the number or
numbers as shown on said plat shall always be deemed a sufficient description thereof.
Developer hereby dedicates to the public forever an easement of way on and over the
streets as shown on said plat to be used as public streets.
In addition to the said streets, there are shown on said plat certain easements,
including easements for drainage and utilities. Developer hereby donates and dedicates
such utility easements to and for the use of 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 the use of The Villages of
Wellington Community Association, Inc.
The filing of the Plat and 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 streets and easements shown on said plat and the streets in said The
Villages of Wellington shall be known by the names designated on said plat. Said land
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herein platted and any interest therein shall be held, owned and conveyed subject to and
in conformity with the covenants of the Declaration of Covenants and Restrictions
establishing The Villages of Wellington. In addition, the following covenants and
restrictions shall also apply, subject to being amended or cancelled as hereinafter
provided, and shall be and remain in full force and effect until January 1, 2020.
1. LOT AREA AND WIDTH. No residence shall be erected, altered, or
permitted to remain on any lot covered by this Bill of Assurance and shown on the plat
referenced herein if the area of the lot is less than 6,000 square feet or if the width thereof
at the front building line is less than sixty (60) feet. No lot shall be subdivided without
written consent of Developer and of the Little Rock Planning Commission first had and
obtained.
2. LAND USE AND BUILDING 'TYPE. Said land herein platted as lots shall be
held, owned and used only for residential building sites. No structure shall be erected,
altered, placed or permitted to remain on such residential building sites other than a
detached single family dwelling, a private garage for the storage of passenger cars owned
or used by residents, guest house, servant's quarters and other outbuildings clearly
incidental and related to residential use of the premises. No such building site shall be
used for commercial purposes. Such restrictions shall not prohibit the temporary
maintenance of model homes for promotional purposes and sales offices by Developer or
other professional builders.
3. MINIMUM PRINCIPAL DWELLING SIZE. No principal residential structure
shall be constructed or permitted to remain on any of the lots platted hereby unless the
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main floor area thereof, exclusive of porches, patios, garages, and breezeways, shall be
at least 2000 square feet for single -story residences and 2200 square feet for two-story
residences on all Lots in Block 1 and Block 2, Lots 1 and 11 in Block 3, Lots 1 and 36 in
Block 4, and Lots 1 and 6 in Block 5. As to all remaining lots described in this Bill of
Assurance, the main floor area thereof, exclusive of porches, patios, garages and
breezeways, shall be at least 1800 square feet for single -story residences and 2000
square feet for two-story residences. The term "main floor area" as used in this paragraph
shall include living, dining, and sleeping areas, which areas may be on different levels.
4. ARCHITECTURAL CONTROL. All construction and styles of residence shall
first be approved by the Architectural Control Committee of The Villages of Wellington, all
as set forth more fully in The Declaration of Covenants and Restrictions. The residences
on the lots herein described shall be of similar size and architectural style so as to create
a neighborhood with common and complementary architectural elements.
5. BUILDING LOCATION. No building, fence, or wall shall be constructed on
any lot nearer to the street than the building line and setback lines shown on said plat. No
residential structure shall be located nearer to an interior lot line than ten percent (10%)
of the average width of the single-family lot, provided that such side yard need not exceed
eight feet in width. For purposes of this restriction, eaves, steps, and open porches shall
not be considered a part of the dwelling. No residential structure shall be nearer than 25
feet to the rear lot line, as shown on the plat filed in conjunction herewith.
6. RESOURCE AREAS. There may be shown on the plat filed in conjunction
with this bill of assurance certain resource areas. No construction of any kind, and no
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disturbance during construction, shall take place on such resource areas. Such resource
areas shall be conserved as natural areas, without removal of any living vegetation, all as
more fully described in the Declaration of Covenants and Restrictions and in any
architectural guidelines and policies which are established by the Architectural Control
Committee for The Villages of Wellington.
7. PROPERTY LINES AND Bd NDARIE . Iron pins have been set on all lot
corners and points of curve, and all curve data shown on the plat referenced herein is
centerline curve data. In the event of minor discrepancies between the dimensions or
distances shown on the Plat and the actual dimensions or distances as disclosed by the
established pins, the original pins as set shall control.
8. SIGN- FENCE AND LANDSCAPE EASEMENT. Sign and landscape
easements are hereby reserved on a portion of Lots 1 and 12, Block 1; on Lot 1, Block 5;
and on Lot 36, Block 4, of The Villages of Wellington, as shown as shaded areas on the
plat filed in conjunction with this Bill of Assurance. This easement permits the
construction, maintenance and upkeep of permanent subdivision identification signs,
fences, and associated landscaping, berms and rocks and is reserved for the use and
benefit of Developer for as long as Developer holds title to any land or lots in The Villages
of Wellington or in contiguous lands subsequently platted as The Villages of Wellington.
Developer may assign this easement to any organization representing owners of lots in
The Villages of Wellington at any time during the period Developer holds title to any land
or lots in The Villages of Wellington. If no assignment takes place during such period, or
if Developer releases an easement, the easement shall cease to exist.
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9. P BLIC UTILITIES. All dwellings and other structures erected upon any lot
as a residential dwelling shall be served by all public utilities, including public sewer.
10. ENFORCEMENT. In the event of any attempt to violate any of the covenants
or restrictions contained herein before the expiration date hereof, it shall be lawful for The
Villages of Wellington Community Association, Inc., any appropriate governmental
authority, or any person or persons owning a lot or lots in The Villages of Wellington to
initiate compliance procedures pursuant to the terms of The Declaration of Covenants and
Restrictions, or to pursue any other lawful remedy.
11. AMENDMENT. This bill of assurance may be cancelled or amended in
accordance with the terms set forth in The Declaration of Covenants and Restrictions. No
amendment shall be effective unless and until duly enacted pursuant to the terms of The
Declaration of Covenants and Restrictions and properly filed for record in the Office of the
Circuit Clerk and Recorder for Pulaski County, Arkansas.
12. SEVERABILITY. The invalidation of any one of these covenants or
restrictions by any court of competent jurisdiction or otherwise shall in no way affect any
of the other provisions, which shall be independent and which shall remain in full force and
effect.
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Executed this day of August, 1995.
WINROCK DEVELOPMENT COMPANY
ey
Ronald C. Tyne, P sident
ATTE
Gary tlett, Secretary
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this day of August, 1995, before me, a notary public, duly commissioned,
qualified and acting within and for the county and state aforesaid, appeared in person
Ronald C. Tyne and Gary Catlett, to me well known, who stated that they were the
President and Secretary of Winrock Development Company, an Arkansas corporation, and
were duly authorized in their respective capacities to execute the foregoing instrument for
and in the name and on behalf of said corporation, and further stated and acknowledged
that they had so signed, 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 seal the day and
year aforesaid.
Zi� 2Z.
Notary Publi
My commission expires:
5- 1- 2005
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OF;.;CIAL SEAL
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PULAS ;I COUNT{
THE VILLAGES OF WELLINGTON
AN ADDITION TO THE CITY OF LITTLE ROCK
DECLARATION OF COVENANTS AND RESTRICTIONS
WINROCK DEVELOPMENT COMPANY
TO
THE PUBLIC
This Declaration of Covenants and Restrictions is made this /8 day of
AU6?C:5-� , 1995, by Winrock Development Company (hereinafter called "Developer"),
a division of Winrock Enterprises, Inc., a corporation established under the laws of the
State of Arkansas.
WITNESSETH:
WHEREAS, Developer is the present owner of the real property located in Pulaski
County, Arkansas, more particularly described on Exhibit A attached hereto and as
hereinafter defined (the "Property"); and desires to create a community with common
facilities and amenities to be known as The Villages of Wellington; and
WHEREAS, Developer presently intends to develop the Property or cause the
Property, and any additional property added by Developer, to be developed over an
extended period of time and in stages.
WHEREAS, portions of the Property shall be subdivided from time to time into
building lots, tracts, and streets as shown on plats and bills of assurance filed in
conjunction herewith, and that such subdivided property shall be held, owned, and
THIS INSTRUMENT PREPARED BY:
Shults, Ray & Kurrus
200 West Capitol, Suite 1600
Little Rock, Arkansas 72201
conveyed subject to the terms, conditions, and protective covenants contained in this
Declaration and in the supplemental plats and bills of assurance;
WHEREAS, Developer desires to provide open spaces, green belts, gardens,
walkways, pathways, lakes, entry features, recreational areas, and other facilities for the
use, enjoyment and benefit of all of the residents in those portions of the Property actually
developed; and
WHEREAS, Developer desires to promote the conservation and enhancement of
natural amenities and resources on and about the Property;
WHEREAS, Developer deems it desirable to create The Villages of Wellington
Community Association, Inc., an Arkansas nonprofit corporation ("the Association"), to
own, maintain, and administer the Common Properties (as hereinafter defined), to
administer and enforce the Covenants and Restrictions (as hereinafter defined) imposed
on the property to which the Covenants and Restrictions are made applicable, and to
collect, hold, and disburse the charges and assessments hereinafter provided for, all in
order to protect and enhance the value of the homes and lots, or building lots, and in order
to insure the residents' enjoyment of the Common Properties; and
WHEREAS, Developer intends that every Owner (as hereinafter defined) of a
Residential Unit (as hereinafter defined) which is made subject to this Declaration does
automatically and by reason of such ownership and this Declaration become a member of
the Association and become by ownership subject to the rules, regulations and
assessments made by the Association;
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NOW, THEREFORE, Developer declares that the property which is made subject
to this Declaration pursuant to Article 2 hereof shall now and hereafter be held,
transferred, sold, conveyed, owned and occupied subject to the Covenants and
Restrictions hereinafter set forth, and all additional covenants and restrictions in
supplemental plats and bills of assurance , all of which are for the purpose of enhancing,
preserving and protecting the value, desirability, natural resources, natural beauty and
attractiveness of such property. Such Covenants and Restrictions are part of, and
constitute a unified, interdependent plan for ownership, use, maintenance, and
development. These Covenants and Restrictions shall run with the land, and shall be
binding on all parties having or acquiring any right, title, or interest in such property or any
part thereof and shall inure to the benefit of each Owner thereof. These Covenants and
Restrictions shall be filed in the permanent real estate records of the Office of the Circuit
Clerk and Recorder of Pulaski County, Arkansas, and such filing shall constitute notice to
the world of the existence and binding nature of these Covenants and
Restrictions. Each and every deed of conveyance for any lot or tract in The Villages of
Wellington describing the same by the number or numbers as shown on the filed plat for
such property shall always be deemed a sufficient description thereof.
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ARTICLE 1
DEFINITIONS
The following terms, when used in this Declaration of Covenants and Restrictions
for The Villages of Wellington, an Addition to the City of Little Rock, unless the context
shall clearly indicate to the contrary, shall have the following meaning:
A. "Association" shall mean and refer to The Villages of Wellington Community
Association, Inc., a nonprofit Arkansas corporation, its successors and assigns.
B. "Common Properties" shall mean and refer to those areas of land and
easements, together with all structures and facilities now or hereafter constructed thereon,
conveyed or to be conveyed to the Association, which shall be devoted to the common use
and enjoyment of the Owners of the Property, such as, but not necessarily including or
limited to, the following: Swimming pools, bathhouses, tennis courts, fitness facilities,
playground areas, green spaces, greenbelts, arboretums, wildlife sanctuaries, open
spaces, walkways, exercise trails and jogging paths, lakes, dams, spillways, water control
structures, entry features, recreational areas or facilities, gateways, gardens and other
ornamental areas.
C. "Covenants and Restrictions" shall mean and refer to all covenants,
restrictions, easements, charges, and liens set forth in this Declaration or set forth on the
Plats and Bills of Assurance recorded in conjunction with the subdivision and development
of the Property.
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D. "Developer" shall mean and refer to Winrock Development Company, a
division of Winrock Enterprises, Inc., a corporation established under the laws of the State
of Arkansas, its successors and assigns.
E. "Development Documents" shall mean and refer to the Articles of
Incorporation of the Association, the Bylaws of the Association, and all plats, bills of
assurance, covenants and restrictions applicable to the Property.
F. "Development Plan" shall mean and refer to the plan or plans as proposed,
amended, or changed from time to time, by Developer for the development of the Property
and any additional property added to jurisdiction of the Association pursuant to Article 2
of this Declaration.
G. "Manager" shall mean and refer to any Person or Persons with whom the
Association contracts for the day-to-day administration and operation of the Common
Properties.
H. "Owner" shall mean and refer to the record owner, whether one or more
Persons by purchase, transfer, assignment, devise or foreclosure of a fee or undivided fee
interest in any portion of the Property, or any later added property which may hereafter
come under the definition of Property pursuant to this Declaration, including contract
buyers who reside on the Property, but excluding those having an interest merely as
security for the performance or payment of an obligation.
I. "Person" shall mean and refer to any natural person, corporation,
partnership, limited partnership, limited liability company, joint venture, association, trust,
or any other such entity.
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J. "Property" shall mean and refer to the real property described on Exhibit A
attached hereto and made a part hereof, and as further defined in Article 2 hereof, which
is now or may hereafter be made a part of The Villages of Wellington, an Addition to the
City of Little Rock, including any additional real property which may be added to the
jurisdiction of the Association pursuant to the provisions of Article 2, Section 2 of this
Declaration.
K. 'Recreational Purposes" shall mean and include activities such as picnicking,
engaging in sporting activities, walking, jogging, use of nonmotorized vehicles, activities
on or in any lake or swimming pool which may be constructed, and such other activities
as may be delineated by the Board of Directors of the Association from time to time.
L. 'Residential Unit" shall mean and refer to each single-family detached house
and each platted single lot subdivided by filed plat intended for and suitable for
construction of a single-family detached residence prior to the commencement or
completion of construction on such lot located in The Villages of Wellington, an Addition
to the City of Little Rock, or otherwise subject to the jurisdiction of the Association, but
shall not include any part of the Common Properties or dedicated streets.
ARTICLE 2
PROPERTY SUBJECT TO DECLARATION
Section 1. Property Covered by This Declaration. The real property described on
Exhibit A shall be held, transferred, sold, conveyed and occupied subject to this
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Declaration. The Property consists of unplatted land which may be subsequently platted
by Developer as it deems appropriate.
Section 2 Additional Property Hereafter Subjected To This Declaration.
Developer, its successors and assigns, shall have the sole and irrevocable right to add
and include, at any time, additional real property to the jurisdiction of this Declaration and
to the definition contained herein of "Property," whether or not such additional property is
described on Exhibit A, without the consent or approval of the Owners, the members or the
Board of Directors of the Association. Developer may, prior to platting, delete property
from Exhibit A. Developer's exclusive right to subject additional lands to the jurisdiction
of this Declaration and to the definition of "Property" contained herein, or to delete
property, shall be assignable, in full or in part, to a successor developer or to the Board
of Directors of the Association upon the express assignment thereof in writing by
Developer. All additions and inclusions of additional land hereunder shall be effective
upon Developer's executing and filing for record in the office of the Circuit Clerk and
Recorder of Pulaski County, Arkansas, a supplemental declaration describing the
additional property which is to become part of the Property and stating that this Declaration
does thereafter bind and apply to such additional property. Deletions shall be made by
filing a supplemental declaration describing the property which is to be deleted.
Notwithstanding anything contained herein to the contrary, this Declaration does
not create any charge, lien or encumbrance on any property, unless, if and until such
property is subjected hereto by plat, bill of assurance and supplemental declaration in the
manner contemplated hereby and then only from that time forward. Upon the platting of
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such property, the jurisdiction, functions, duties and benefits of membership of the
Association shall automatically be extended to the platted lands. Property shall not be
subject to assessment until platted and subdivided by filing made in the real property
records.
Section 3. All Owners Bound, All Property bears the burdens and enjoys the
benefits of this declaration. All Owners shall be deemed by reason of taking record title
to a portion of the Property to agree to all of the terms and provisions of this Declaration.
Section 4. Additions Limited to Develo er. Unless Developer consents in writing,
no one other than Developer may subject additional lands to this Declaration or extend the
benefits of the Association to any person except those described herein.
ARTICLE 3
THE ASSOCIATION; AUTOMATIC MEMBERSHIP
AND VOTING RIGHTS THEREIN
Section 1. The Association. Developer has caused to be formed and incorporated
under the laws of the State of Arkansas, pursuant to Articles of Incorporation filed August
18, 1995, a nonprofit Arkansas corporation entitled The Villages of Wellington Community
Association, Inc.
Section 2. Membersh!12. The Association is a mandatory association whereby
every Owner is and shall automatically be a member of the Association; provided,
however, that any Person who holds an interest in the Property merely as security for the
performance or payment of an obligation, shall not be a member of the Association.
Section 3. Governance. The Association shall be governed by its Articles of
Incorporation and Bylaws.
Section 4. Voting Rights. Except in electing the Board of Directors, the Association
shall have two classes of membership as provided in the Articles of Incorporation, to -wit:
A. Class A. Class A members shall all be Owners, with the exception of
Developer. Each owner shall be entitled to one vote for each Residential Unit in which the
Owner holds the interest required for membership by Section 2 of this Article and upon
which the Owner shall not be delinquent in the payments of assessments; provided,
however, when more than one person holds such interest or interests in any Residential
Unit, all such persons shall be members and the vote for such Residential Unit shall be
exercised as they among themselves shall determine, but in no event shall more than one
vote be cast with respect to any such Residential Unit.
B. Class Q. Developer shall be the sole Class B member. Such member
shall be entitled to three memberships, and three votes, for each lot or Residential Unit in
which it holds an interest and three memberships, and three votes, for each 1/5 acre of
unplatted land owned by Developer and planned for inclusion in The Villages of
Wellington, an Addition to the City of Little Rock, including unplatted land described on
Exhibit A or hereafter added thereto in accordance with this agreement. Class B
memberships shall cease and be converted to Class A memberships upon the happening
of any of the following events, whichever occurs earlier:
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1. When the total votes outstanding in the Class A
membership equals the total votes outstanding for the Class B memberships.
2. December 31, 2020.
3. When Developer files an election to terminate the Class
B memberships.
ARTICLE 4
THE COMMON PROPERTIES; THE DEVELOPER'S DUTY TO
CONVEY; MEMBERS' RIGHTS IN THE COMMON PROPERTIES
Section 1. Conveyance of Common Properties. Developer hereby covenants with
the Association to convey to the Association, and the Association covenants with
Developer to accept, as such property is developed and finally platted, that property
designated as parks, lakes, green areas and trails, sanctuaries or other common areas as
shown and described on plats of The Villages of Wellington, an Addition to the City of Little
Rock. In addition, Developer shall convey such other real property and assets as it may
deem to be in the best interest of the Association for the use and enjoyment of the
members of the Association, and Developer may assign to the Association any contractual
or any other rights it may have which Developer, in its sole discretion, determines would
be of benefit to the Association for the continued enjoyment and security of the Owners
with respect to the Property and the Common Properties.
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Developer covenants that any conveyance of land to the Association shall be made
by quitclaim deed and subject to the easements, covenants and provisions of this
Declaration.
Upon request of Developer, the Association may agree to waive the obligations of
Developer pursuant to this Section 1 by affirmative vote of the holders of 50% or more of
the votes of the members in the Association then entitled to vote, if such waiver is in
accordance with the zoning ordinances applicable to The Villages of Wellington, an
Addition to the City of Little Rock.
Section 2. Member's Easements of Enjoyment. Every member of the Association
shall have a common right and easement of enjoyment in and to the Common Properties,
including but not limited to a non-exclusive right of ingress and egress and a non-exclusive
right to use the Common Properties for Recreational Purposes, which shall be appurtenant
to and shall pass with the title to all portions of the Property, subject to the following
provisions:
(a) The right of the Association to charge reasonable admission and other
fees for the use of any recreational facilities situated upon the Common Properties;
(b) The right of the Association to suspend the voting rights and right to
the use and enjoyment of the recreational facilities by any member for any period during
which any assessment remains unpaid by such member and for such period as it considers
appropriate for any infraction of its published rules and regulations;
(c) The right of the Association to dedicate or transfer all or any part of
the Common Properties to any public agency, authority, or utility for such purposes and
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subject to such conditions as it shall deem necessary or desirable for the proper servicing
and maintenance of the Common Properties;
(d) Applicable zoning ordinances, governmental rules and regulations;
(e) The right of the Association to take such steps as are reasonably
necessary to protect the Common Properties against foreclosure; and
(f) The right of Developer to impose reasonable covenants and
restrictions in respect to such Common Properties, in addition to those set forth herein, at
the time of conveyance of such property to the Association, and such restrictions and
covenants are hereby incorporated by reference and made a part of this Declaration.
Section 3. Extension of Rights and Benefits. Every member of the Association shall
have the right to extend the right and easement of enjoyment under this Article 4 to the
Common Properties to each tenant and to each family or household member who resides
in the Residential Unit and to such other persons as may be permitted by the Association's
Board of Directors.
ARTICLE 5
ASSESSMENTS
Section 1. Creation Of The Lien And Personal Obli ation For Assessments. Each
Owner, by acceptance of a deed or other conveyance of any portion of the Property, shall
be deemed to covenant and agree to pay to the Association: (a) annual assessments and
charges, and (b) special assessments. Such annual and special assessments shall be
fixed, established and collected from time to time as hereinafter provided and as set forth
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in the Articles of Incorporation and Bylaws of the Association. The annual and special
assessments, together with such interest thereon and cost of collection thereof as
hereinafter provided, shall be a charge on the land, shall be a continuing lien upon the
property against which each such assessment is made, and shall also be the personal
obligation of the Person who is the record Owner of the property at the time the
assessment fell due.
Section 2_ Subordination.
A. The lien of the assessments provided for herein shall be subordinate
to the lien of any first mortgage placed on any such Residential Unit in connection with its
purchase. Sale or transfer of any property subject to the charges and liens herein created
shall not affect any preexisting assessment lien, except in the case of a sale or transfer of
any Residential Unit pursuant to the foreclosure of a purchase money first mortgage, or
any bona fide proceeding in lieu thereof, which proceedings shall extinguish the lien of
such assessments as to payments which became due prior to such sale or transfer. The
Association shall have the right to foreclose its lien or obtain judgment for assessments
due in such foreclosure suit. No such sale or transfer shall relieve the subject property
from liability for any assessments thereafter becoming due or from the continuing lien
thereof. The board shall notify the first mortgagee, upon request, of any default in the
performance by the individual Owner of any obligation under this Declaration or the
Development Documents which is not cured within sixty days after the Due Date.
B. The subordination created herein is merely a subordination and shall
not relieve the Owner of the personal obligation to pay all assessments and charges
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arising or coming due while the Owner owns such property; and no sale or transfer of such
property to the mortgagee or to any other Person pursuant to a decree of foreclosure shall
relieve any existing or previous Owner of the personal obligation for any assessments or
charges authorized in this Declaration.
Section 3. Exempt Property. Common Properties, properties dedicated to the
public or any political subdivision, or for public use, and Property which is not yet platted
and subdivided shall be exempt from assessment by the Association.
ARTICLE 6
ARCHITECTURAL CONTROLS
Section 1. Desi nation of Architectural Control Committee. The Association shall
have an Architectural Control Committee, consisting of at least three and not more than
five members who shall all be natural persons. The members of the Architectural Control
Committee, and all vacancies, shall be appointed by Developer so long as Developer shall
own at least 10% of the Property. Once Developer no longer owns at least 10% of the
Property, the members of the Architectural Control Committee, and all vacancies, shall be
appointed by the Board of Directors of the Association.
Section 2_ Function of Architectural Control Committee. No building, living unit,
fence, wall, parking areas, driveways, swimming pools, poles, lakes, ponds, drainage
facilities, tennis courts, basketball courts, or other structure shall be commenced, erected,
or maintained, and no alteration or repainting in a different color or style to the exterior of
-14-
any of the above shall be made and no significant landscaping performed upon the
Property, nor shall any exterior addition to or change therein be made unless complete
plans, specifications, and site plans showing the exterior design, nature, kind, shape,
height, color scheme, building materials, and location of the same, the location and size
of driveways, the general plan of landscaping, facing of such improvements with respect
to existing topography, fencing, walls and windbreaks, the grading plan, and any other
requested materials shall have been submitted to and approved in writing by the
Architectural Control Committee. This provision shall not apply to Developer in the
construction or maintenance of living units, landscaping, fencing, or other improvements
which it undertakes in the Property and Common Properties.
Section 3. The Basis of Approval. The Architectural Control Committee shall
evaluate all submissions on the individual merits of each application, subject to such site
development and architectural guidelines which the Committee may from time to time
adopt. The site development and architectural guidelines may change from time to time,
but they shall at all times be in conformity with, and be subject to, the covenants,
restrictions and requirements of this Declaration. Approval of plans and specifications
shall be based on, among other things, adequacy of site dimensions, structural design,
conformity and harmony of external design and of location with neighboring structures and
sites, preservation of existing wooded landscape, relation of finish grades and elevations
to neighboring sites, and conformity to both the specific and general intent of the protective
covenants. Enclosed garages shall be required; however, the Architectural Control
Committee may, in its sole discretion, approve or disapprove an open carport if it is located
-15-
behind the residence it serves and if the open carport is not visible from the streets
adjoining the residence. The plans and specifications to be submitted and approved must
include the following:
(a) A topographical plat showing existing contour grades, the
location of all improvements, including structures, walks, driveways, fences,
walls, patios and decks.
(b) Exterior elevations.
(c) Exterior materials, colors, textures, and shapes.
(d) Structural design plan.
(e) Landscaping plan, if applicable.
(f) Driveway plan.
(g) Utility connections.
(h) Exterior illumination location.
Section 4. Architectural Guidelines. The Architectural Control Committee may
establish certain site development and architectural guidelines. All plans and
specifications will be evaluated under the site development and architectural guidelines
then in force and effect. The Architectural Control Committee may approve exceptions to
the site development and architectural guidelines then in force by a majority vote. The
current site development and architectural guidelines shall be available for inspection by
all Owners at the office of the Association.
Section 5. Action by -Committee. A majority vote of the Architectural Control
Committee shall be required for the approval or disapproval of said plans and
-16-
specifications. In the event said Committee fails to approve or disapprove any such plans
and specifications within thirty days after said plans and specifications have been
submitted to it, approval shall be deemed to be granted and compliance with this Article
shall be presumed. Nothing herein contained nor the required consent of the Architectural
Control Committee 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 The Villages of Wellington which they would otherwise be entitled to maintain.
There shall be no separate compensation to Developer for architectural review services
to be performed pursuant to this provision. The Developer may be compensated for any
other services rendered.
Section B. Limitation on Liability. Under no circumstances shall the Developer, the
Architectural Control Committee, the Association or their agents, employees, members or
directors ever be liable to any person for any action or failure to act, for negligence,
mistakes, misfeasance or malfeasance in connection with the performance of any of the
duties of the Architectural Control Committee.
ARTICLE 7
GENERAL
Section 1. Duty of Maintenance. All Owners and occupants (including lessees,
contract buyers, builders, residents, and construction workers) 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 so owned, occupied, or used, including
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buildings, improvements, structures, 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.
order.
(b) Lawnmowing.
(c) Tree and shrub pruning.
(d) Watering of landscape.
(e) Keeping exterior lighting and mechanical facilities in working
(f) Keeping lawn and garden areas alive, free of weeds, and
attractive.
(g) Keeping parking areas, driveways, and roads in good repair.
(h) Complying with all governmental, health, and police
requirements.
(i) Repainting the exterior of improvements when necessary.
Q) Repairing damages to exterior of improvements.
Section 2. Enforcement. If, in the opinion of the Board of Directors of the
Association, any Owner or occupant has failed in any of the foregoing duties or
responsibilities, then the Board of Directors or its designee may provide written notice of
such failure, giving the Owner or occupant at least ten days from receipt of such notice to
perform or initiate and continuously pursue the care and maintenance required. Should
any such person fail to fulfill this duty and responsibility within the ten-day period, then the
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Association, through its authorized agent or agents, shall have the right and power to enter
onto the premises and perform needed care and maintenance without any liability for
damages for wrongful entry, trespass, or otherwise to any person whatever. The Owner
of any part of the Property on which work is performed by the Association shall be
personally liable for the cost of the work and shall promptly reimburse the Association for
all such cost. If the Association has not been reimbursed within thirty days after invoicing
such amount to the respective Owner, the indebtedness shall be a debt of such delinquent
Owner and shall constitute a lien against said Owner's Residential Unit. This lien shall
have the same attributes as the lien for assessments and special assessments set forth
in Article 5 herein, and the Association shall have identical powers and rights in all
respects, including but not limited to the right of foreclosure.
Section 3. Common Scheme Restrictions. In accordance with the maintenance
requirements imposed on the Owners and occupants hereunder, the following restrictions
are also imposed with regard to the Property and Common Properties for the benefit of
each of the Property and Common Properties and may be enforced by the Association or
the Owners of any of the Property through any remedy available at law or in equity:
(a) No garbage, refuse, rubbish, tree limbs, pine straw, leaves, or cuttings
shall be deposited on any street, road, or upon any of the Common Properties nor
on the exterior of any Residential Unit or lot unless placed in a container suitable
for pickup by municipal collectors.
(b) No building material of any kind or character shall be placed upon any
of the Property except in connection with construction approved by the Architectural
-19-
Control Committee. Construction shall be promptly commenced and diligently
prosecuted. All construction sites must be kept clean and orderly, free of trash,
construction waste and scrap materials.
(c) No clothes lines or drying yards shall be kept or allowed on the
Property or Common Property. Service yards, wood piles and storage areas shall
be allowed only if located so as not to be visible from a street, road, or any of the
Common Properties. Recreation equipment such as volleyball and badminton nets
must be stored when not in use for an extended period of time.
(d) Any exterior lighting installed on any Residential Unit or on any of the
Property shall either be indirect or of such controlled focus and intensity as not to
disturb neighboring Owners or adjoining Property.
(e) No animals, livestock, or poultry of any kind shall be raised or kept on
the Property or Common Properties, except a reasonable number of fully
domesticated ordinary household pets, in accordance with local ordinances, shall
be allowed for each Residential Unit, provided that they are not kept or maintained
for commercial purposes. Pet facilities and enclosures shall be allowed only in the
rear yard of any lot and must be constructed subject to any setback requirements.
Any chain link fencing materials must be painted black or coated with black plastic.
All pet facilities must be kept clean and maintained in a manner which precludes
insect infestations and odors.
(f) Except for subdivision identification signs and informational,
interpretive or directional signs placed by the Developer or Association, no
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signs, posters, plaques, address markers, or communications of any description
shall be placed on the exterior of any structure or placed or permitted to remain on
any part of the Property or Common Properties unless previously approved by the
Architectural Control Committee. The size, style, construction and placement of all
mailboxes shall be subject to the prior review of the Architectural Control
Committee. No mailbox shall be erected unless first approved by the Architectural
Control Committee.
(g) As to commercial signs, only one free-standing construction sign and
one realtors' sign will be permitted at any Residential Unit during construction,
except on corner lots, where two (2) of each shall be permitted. No signs of any
type shall be attached to trees or shrubs. All permitted signs must be erected on
posts or stakes.
(h) Except for authorized maintenance vehicles, no motor vehicles of any
type shall be allowed on the pedestrian trails, greenbelts, open spaces, or other
pedestrian areas.
(i) No used, previously -erected or temporary house or structure, no
modular or prefabricated house, no house trailer or non -permanent outbuilding shall
be allowed to be placed, erected, or allowed to remain on any of the Property or the
Common Properties. No houses or portions of houses shall be moved to or placed
on the Property. No log houses, geodesic domes, hexagonal or octagonal homes
or other similar structures shall be allowed to be placed, erected or allowed to
remain on any of the Property or the Common Properties.
-21-
Q) No inoperative, disassembled or junk vehicle of any kind, and no
commercial vehicle, trailer, camper, camp truck, house trailer, boat, or other
machinery or equipment (except machinery and equipment as may be reasonable
and customary in connection with the use and maintenance of any improvements
located upon the Property and except for such equipment and machinery as the
Association may require in connection with the maintenance and operation of the
Common Properties) shall be kept upon the Property, nor (except for bona fide
emergencies) shall the repair or extraordinary maintenance of automobiles or other
vehicles be performed on any of the Property. This restriction shall not apply to
vehicles, trailers, boats, machinery, equipment or the like stored and kept within an
enclosed storage room or garage. The Association may, in the discretion of its
Board of Directors, consider whether to provide and maintain a suitable area
designated for the parking of such vehicles.
(k) The area of each lot and the width of each lot at the front building line
shall be specified by Developer for each phase of the addition in accordance with
the supplemental plat and bill of assurance filed for each phase.
(1) No lot shall be subdivided unless the written consent of Developer,
the Architectural Control Committee, and the Little Rock Planning Commission is
first had and obtained, and any required action by the Association is taken, such
as an approved plat amendment.
(m) No principal residential structure shall be constructed or permitted to
remain on any lot platted hereby as The Villages of Wellington unless the main floor
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area thereof, exclusive of porches, patios, carports, garages and breezeways meets
the minimum standard set forth in the supplemental plat and bill of assurance filed
in conjunction with such lot. The term "main floor" as used in this paragraph shall
include living, dining and sleeping areas, which areas may be on different levels.
This restriction shall be specified by Developer for each lot in each phase of the
addition in accordance with the supplemental plats and bills of assurance filed for
each phase.
(n) No poles, towers, or similar structure of any kind, including but not
limited to any radio or television antenna or tower, shall be built or permitted to
remain upon any lot.
(o) No trailer, tent, shack, garage, garage apartment, hutment, barn,
structure of a temporary character, or outbuilding of any kind on said land shall at
any time be used or occupied as a residence, temporarily or permanently.
(p) 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 neighborhood.
(q) Except for signs used by Developer or a builder to advertise the
Property during construction, only one sign per lot not exceeding five (5) square
feet in area may be displayed advertising the Property for sale or rent. All permitted
signs must be erected on posts or stakes.
-23-
(r) No fence, wall, hedge, or shrub planting which obstructs sight lines
at elevations between two (2) and six (6) feet above the roadway shall be placed
or permitted to remain on any corner lot within the triangular area formed by the
street property lines and a line connecting them at points twenty-five (25) feet from
the intersection of the street lines, or, in the case of a rounded property corner, from
the intersection of the street property lines extended. The same sight line limitation
shall apply on any lot within ten (10) feet from the intersection of the street property
line with the edge of a driveway or alley pavement. No tree shall be permitted to
remain within such intersection unless the foliage lines maintained at sufficient
height to prevent obstruction of such sight lines.
(s) No fence, wall, or hedge shall be permitted to extend beyond the
established minimum front building setback line or from the side yard building line
to the street on corner lots unless specifically approved by the Architectural Control
Committee. It is not the intention of this paragraph to exclude the use of
evergreens or other shrubbery to landscape the front yard.
(t) Chain link or other similar fences are strictly prohibited and shall not
be used under any circumstances except for use as pet enclosures as set forth in
subparagraph (e). Picket fencing of appropriate color, size, design and location
may be utilized if approved in advance by the Architectural Control Committee. All
other types of fencing are not allowed on the Property or the common areas. The
design, construction and material of any fence or wall must be submitted for
-24-
consideration by the Architectural Control Committee in the same manner as
provided in Article 6 hereinabove for Architectural Control.
(u) All dwellings and other structures erected upon any lot as a residential
dwelling shall be served by all public utilities, including public sewer, if available to
such lot.
(v) 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, or which may obstruct or retard the flow of water
through drainage channels; and, 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 lot 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.
(w) No concrete, asphalt or other obstruction shall be placed in the street
gutters. Curbs may be broken at driveways and driveway grades lowered to meet
the gutter flow line or not more than two (2) inches above said flow line.
-25-
(x) No satellite receiver dish ("dish") shall be erected, placed or
maintained on any lot, except that dishes not larger than eighteen inches (18") in
diameter may be allowed if attached to the back of the served dwelling and if
approved by the Architectural Control Committee. Only one dish will be permitted
on any one lot and each dish shall be neutral in color, have no advertising on any
surface and shall be out of view from adjoining properties. These restrictions shall
be cumulative and in addition to any municipal or governmental restrictions and
requirements.
(y) No motorboat, houseboat, canoe, sailboat, personal watercraft, or
other similar waterborne vehicle, and no camper, trailer or recreational vehicle may
be kept in the street right-of-way or in the area between the street and the building
set -back line, or in the side yard area.
(z) All construction, excavation, site grading, trenching, digging,
equipment storage and usage, and other activities on the Property shall be
undertaken in compliance with the rules and guidelines established by the
Architectural Control Committee. These guidelines shall restrict or prohibit certain
types of activity, such as grading or backfilling, which may damage trees and other
plants.
It is the responsibility of each Owner to ensure that the Owner and every contractor
employed by the Owner has reviewed and agreed to comply with the foregoing common
scheme restrictions prior to commencement of site preparation or construction.
IKM
ARTICLE 7
GENERAL PROVISIONS
Section 1. Noxious Activity. No loud, disturbing, unsanitary, dangerous, hazardous,
noxious or offensive trade or activity shall be carried on upon the Common Properties or
any portion of the Property. Nor shall any annoyance or nuisance created or sustained
by any Owner upon the Property or Common Properties be tolerated or permitted.
Section 2. Duration. The Covenants and Restrictions of this Declaration shall run
with and bind the Property, shall be and remain in effect, and shall inure to the benefit of
and be enforceable by the Association or the Owners of any of the Property, their
respective legal representatives, heirs, successors and assigns until December 31, 2020.
Said Covenants and Restrictions may be renewed and extended, in whole or in part,
beyond said term for successive periods not to exceed ten years each if an agreement for
renewal and extension is signed by members of the Association then entitled to cast at
least 50% of the votes of the Association and is filed for record in the office of the Circuit
Clerk and Recorder for Pulaski County, Arkansas, at least 180 days prior to the effective
date of such renewal and extension; provided, however, that each such renewal
agreement shall specify which of the Covenants and Restrictions are so renewed and
extended and the term for which they are so renewed and extended. Every purchaser and
grantee of any interest in any of the Property by acceptance of a deed or other
conveyance thereof, thereby agrees that the Covenants and Restrictions of this
Declaration may be renewed and extended as provided herein.
-27-
Section 3. Notices. Any notice required or permitted to be sent to any member
pursuant to any provision of this Declaration may be served by depositing such notice in
the mails, postage prepaid, addressed to the member or Owner to whom it is intended at
the Owner's last known place of residence and such service shall be deemed sufficient.
The date of service shall be the date of mailing.
Section 4. Assignability. Notwithstanding any other provision herein to the
contrary, Developer shall at all times have the right to fully transfer, convey and assign all
of its right, title, interest, and obligations under this Declaration provided that such
transferee, grantee, or assignee shall take such rights subject to all of the Covenants and
Restrictions contained herein, and in such event the transferee shall be deemed to be
Developer.
Section 5. Severability. Invalidation of any of the covenants, restrictions,
requirements, provisions, or any part thereof by an order, judgment, or decree of any court,
shall in no way affect any other provisions of this Declaration, which shall remain in full
force and effect.
Section 5. Amendment. The Covenants and Restrictions of this Declaration may
be amended, modified, extended, changed, or cancelled, in whole or in part, at any time
by a written instrument signed and acknowledged by the holder or holders of at least 50%
of the votes of the members of the Association then entitled to be cast; provided, however,
that any such amendment must be in full compliance with all applicable laws and
regulations, including the zoning ordinances applicable to The Villages of Wellington
Addition to the City of Little Rock, and shall not become effective until the instrument
-28-
evidencing the change has been duly filed for record in the office of the Circuit Clerk and
Recorder of Pulaski County, Arkansas. Further, such instrument shall not be effective
unless written notice of the proposed amendment is sent to every voting member at least
thirty days in advance of any action taken. Every purchaser or grantee of any interest in
any of the Property by acceptance of a deed or other conveyance thereof, thereby agrees
that the Covenants and Restrictions of this Declaration may be amended as provided
herein.
Section 7. Execution and Counterparts. This Declaration may be executed in any
number of counterparts with the same effect as if all parties had all signed the same
document. All counterparts shall be construed as and shall constitute one and the same
agreement.
IN WITNESS WHEREOF, Developer has hereunto set its hand and seal this
day of 1995.
ATT T:
Garyatlett, Secretary
WINROCK- EVELOPMENT COMPANY
BY
Ronald C. Tyne, Pre ident
-29-
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this day of : 1995, before me, a notary public, duly
commissioned, qualified and acti `g within and for the county and state aforesaid,
appeared in person Ronald C. Tyne and Gary Catlett, to me well known, who stated that
they were the President and Secretary of Winrock Development Company, a division of
Winrock Enterprises, Inc., an Arkansas corporation, and were duly authorized in their
respective capacities to execute the foregoing instrument for and in the name and on
behalf of said corporation, and further stated and acknowledged that they had so signed,
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 seal the day and
year aforesaid.
Notary Publi
My commission expires:
S - A
iQ KS
f:rytiti fY ? f`: :�i:3`;'iJ1a E;-A I(ANSAS
-30-
A Tract of land in Section 31, T-2-N, R-13-W, Pulaski County,
Arkansas, more particularly described as follows: Part of the
N1/2 of Section 31, T-2-N, R-13-W, Pulaski County, Arkansas,
which includes Tracts 49, 64, 65, 80, 81, 96, 388, 389, 396, 397,
408, 409, 410, 423, 424, 425, 426, 439, 440, 441, 442, 454, 455,
456, 458, 459, 460, 469, 470, 471, 474, 475, 476, & 477 and part
of Tracts 50, 63, 66, 79, 82, 95, 97, 112, 113, 128, 129, 144,
387, 390, 395, 398, 406, 407, 411, 422, 427, 438, 443, 444, 452,
453, 457, 461, 467, 468, 472, 473, & 478, Dairy Farm Addition,
Little Rock, Arkansas, more particularly described as: Beginning
at the Southwest corner of the NE 1/4, said Section 31; thence
N0103611911E along the West line of said NE 1/4, 275.00 ft.;
thence N8802314111W, 335.00 ft.; thence N01036119"E, 580.13 ft.;
thence Northwesterly along the arc of a 999.93 ft. radius curve
to the left, having a chord bearing and distance of N10042'35"W,
426.55 ft.; thence N23001'30"W,162.31 ft.; thence Northwesterly
along the arc of a 909.93 ft. radius curve to the right, having a
chord bearing and distance of N10°46134"W, 386.09 ft.; thence
NOlo28121"E, 16.62 ft. to a point on the North line of Tract 50,
said Dairy Farm Addition; thence S88o26145"E along the North line
of said Tract 50 and along the North line of Tract 49, said
Dairy Farm Addition, 529.76 ft. to a point on the West line of
Tract 388, said Dairy Farm Addition; thence S88026138"E,
380.97 ft.; thence S26021'56"E, 826.50 ft.; thence S39015135"E,
268.29 ft.; thence S26047120"W, 230.63 ft.; thence S65o59'10"E,
699.08 ft.; thence S38o59142"E, 544.33 ft. to a point on the
South line of the N 1/2 of said Section 31, also being the South
line of Tract 478, said Dairy Farm Addition; thence N88009'32"W
along the South line of said N 1/2 of said Section 31, also being
the South lines of Tracts 478, 477, 476, 475, 474 and 473, said
Dairy Farm Addition, 1799.86 ft. to the point of beginning, LESS
& EXCEPT Tract 439 and part of Tract 438, said Dairy Farm
Addition, more particularly described as: Beginning at the
Northwest corner of said Tract 439; thence S88009'2811E along the
North line of said Tract 439 and along the North line of said
Tract 438, 536.53 ft.; thence S26047120"W, 112.80 ft.; thence
S65059110"E, 73.56 ft. to a point on the South line of said Tract
438; thence N8800912811W along the South line of said Tract 438
and along the South line of said Tract 439, 552.26 ft. to the
Southwest corner of said Tract 439; thence N00007'2911E along the
West line of said Tract 439, 129.72 ft. to the point of
beginning, containing 51.7552 acres more or less;
MWO
EXHIBIT A-1
Part of the NE1/4, SW1/4, Section 31, T-2-N, R-13-W, Pulaski
County, Arkansas, which includes Tracts 177, 192, 193, 208, 209,
224, 225, 240 and part of Tracts 178, 191, 194, 207, 210, 223,
226, 238 and 239, Dairy Farm Addition, Little Rock, Arkansas, all
more particularly described as: Starting at the northeast corner
of the NE1/4, SW1/4, said Section 31, said corner lying on the
east line of Tract 160, said Dairy Farm Addition; thence
S02016108"W along the east line of said NE1/4, SW1/4, and the
east lines of Tracts 160, 161 and 176, said Addition, 300.38
feet. to the northeast corner of Tract 177, said Addition and the
point of beginning; thence S0201610811W and continuing along the
east line of said NE1/4, SW1/4, and along the east line of Tracts
177, 192, 193, 208, 209, 224, 225 and 240, said Addition, 1036.15
feet to the southeast corner of said NE1/4, SW1/4, and the
southeast corner of said Tract 240; thence N8703210111W along the
south line of said NE1/4, SW1/4, and along the south lines of
Tracts 240, 239 & 238, said Addition, 634.39 feet.; thence
northeasterly along the arc of a 999.93 feet radius curve to the
left, having a chord bearing and distance of N13023119"E, 385.70
feet.; thence N02016108"E, 186.37 feet.; thence northeasterly
along the arc of a 909.93 feet. radius curve to the right,
having a chord bearing and distance of N13o1310511E, 345.66
feet.; thence N24010'03"E, 139.85 feet.; thence S87043'52"E,
442.19 feet. to the point of beginning, containing 13.0794 acres
more or less;
A
Part of the W1/2 of Section 31, T-2-N, R-13-W, Pulaski County,
Arkansas, which includes Tracts 69, 70, 75, 76, 85, 86, 91, 92,
101, 102, 107, 108, 117, 118, 123, 124, 133, 134, 139, 140, 141,
147, 148, 149, 150, 155, 156, 157, 158, 163, 164, 165, 166, 171,
172, 173, 174, 179, 180, 181, 182, 187, 188, 189, 190, 196, 197,
198, 203, 204, 205, 212, 213, 214, 219, 220, 221, 228, 229, 230,
235, 236, & 237 and part of Tracts 58, 59, 60, 61, 68, 71, 74,
77, 84, 87, 90, 93, 100, 103, 106, 109, 116, 125, 131, 132, 138,
142, 143, 146, 151, 154, 159, 162, 167, 170, 175, 178, 183, 186,
191, 194, 195, 199, 202, 206, 211, 215, 218, 222, 227, 231, 234,
& 238, Dairy Farm Addition, Little Rock, Arkansas, more
particularly described as: Starting at the southeast corner of
the NE1/4, SW1/4, said Section 31; thence N87032101"N along the
South line of said NE 1/4, SW 1/4 and the South line of Tracts
240, 239 & 238, said Dairy Farm Addition, 732.29 ft. to the point
of beginning; thence N87032101"W along the south line of the
NE1/4, SW1/4 and the south line of the NW1/4, SW1/4, said Section
31, and along the South line of Tracts, 238, 237, 236, 235 & 234,
1226.80 ft.; thence N01053'28"E, 1694.39 ft. to a point on the
EXHIBIT A-2
north line of Tract 138, said Dairy Farm Addition; thence
S8802515411E along said north line, 57.35 feet. to the southwest
corner of Tract 134, said Addition; thence N01021121"E along the
west line of Tracts 134, 123 and 118, said Addition, 389.05 feet.
to the northwest corner of said Tract 118; thence N8802510911W
along the south line of Tract 106, said Addition, 53.71 feet;
thence NOlo5312811E, 887.89 feet; thence S87020126"E, 878.95 feet;
thence SO4035138"E, 477.04 ft.; thence S0800810511W,490.39 ft.;
thence S29039136"E, 481.63 ft.; thence S88023'41"E, 410.00 ft.;
thence S01o3611911W, 104.52 feet.; thence southwesterly along the
arc of a 909.93 feet radius curve to the right, having a chord
bearing and distance of S12053111"W, 356.00 feet; thence
S24o10'0311W, 228.72 feet; thence southwesterly along the arc of a
999.93 feet radius curve to the left, having a chord bearing and
distance of S13ol3'05"W, 379.85 feet; thence S02016'08"W, 186.37
feet; thence southwesterly along the arc of a 909.93 feet radius
curve to the right, having a chord bearing and distance of
S14o32144"W, 386.97 feet to the point of beginning, containing
79.8766 acres more or less;
WIN
Part of the W1/2 of Section 31, T-2-N, R-13-W, Pulaski County,
Arkansas, which includes part of Tracts 50, 63, 66, 79, 82, 95,
97, 98, 111, 112, 113, 114, 127, 128, 129, 130, 143, 144, 145,
146, 159, 160, 162, 175, 178, 191, 194, 195, 206, 207, 210, 211,
222, 223, 226, 227, 238 and 239, Dairy Farm Addition, Little
Rock, Arkansas, more particularly described as: starting at the
southeast corner of the NE1/4, SW1/4, said Section 31, also being
the southeast corner of Tract 240, said Dairy Farm Addition;
thence N87032101"W along the south line of said NE1/4, SW1/4 and
along the south lines of Tracts 240, 239 and 238, said Addition,
634.39 feet to the point of beginning; thence N87032101"W and
continuing along the south line of said NE1/4, SW1/4 and along
the south line of said Tract 238, 97.90 feet; thence
northeasterly along the arc of a 909.93 feet radius curve to the
left, having a chord bearing and distance of N14032'44"E, 386.97
feet; thence N02016108"E, 186.37 feet; thence northeasterly along
the arc of a 999.93 feet radius curve to the right, having a
chord bearing and distance of N13013'05"E, 379.85 feet; thence
N24o10'0311E, 228.72 feet; thence northeasterly along the arc of a
909.93 feet radius curve to the left, having a chord bearing and
distance of N12053'11"E, 356.00 feet; thence N01036119"E, 684.65
feet; thence northwesterly along the arc of a 909.93 feet radius
curve to the left, having a chord bearing and distance of
N10o42135"W, 388.16 feet; thence N23001'30"W, 162.31 feet; thence
northwesterly along the arc of a 999.93 feet radius curve to the
EXHIBIT A-3
right, having a chord bearing and distance of N10046134"W, 424.28
feet; thence N0102812111E, 16.62 feet to a point on the north line
of Tract 50, said Dairy Farm Addition; thence S8802614511E along
the north line of said Tract 50, 90.0 feet; thence S0102812111W,
16.62 feet; thence southeasterly along the arc of a 909.93 feet
radius curve to the left, having a chord bearing and distance of
S10o46134"E, 386.09 feet; thence S23o0l'3011E, 162.31 feet; thence
southeasterly along the arc of a 999.93 feet radius curve to the
right, having a chord bearing and distance of S10042135"E, 426.55
feet; thence S01036119"W, 684.65 feet; thence southwesterly along
the arc of a 999.93 feet radius curve to the right, having a
chord bearing and distance of S12053111"W, 391.21 feet; thence
S24010103"W, 228.72 feet; thence Southwesterly along the arc of
909.93 feet radius curve to the left, having a chord bearing and
distance of S13013105"W, 345.66 feet; thence S0201610811W, 186.37
feet; thence southwesterly along the arc of a 999.93 feet radius
curve to the right, having a chord bearing and distance of
S1302311911W, 385.70 feet to the point of beginning, containing
6.6686 acres more or less;
Part of the SE1/4, SW 1/4, Section 31, T-2-N, R-13-W, Pulaski
County, Arkansas, more particularly described as: Starting at
the Southeast corner of the SE 1/4, SW 1/4 said Section 31, and
the Southwest corner of St. Charles, an Addition to the City of
Little Rock, Arkansas; thence N02014100"E along the East line of
said SE1/4, SW 1/4 and along the West line of said St. Charles
Addition 290.59 ft. to the point of beginning; thence N87o35102"W
690.04 ft.; thence N02014100"E 325.02 ft.; thence N87o35102"W,
389.75 ft. to a point on the easterly right-of-way line of a
proposed 90 ft. arterial street; thence N36026145"E along said
easterly right-of-way line 838.59 ft. to a point on the North
line of said SE1/4, SW1/4, and the South line of Dairy Farm
Addition, Pulaski County, Arkansas; thence S87035102"E along the
North line of said SE1/4, SW1/4 and the South line of said Dairy
Farm Addition 608.28 ft. to a point on the East line of said
SE1/4, SW1/4; thence S02014100"W, along the East line of said
SE1/4, SW1/4 and along the Northerly extension of the West line
of said St. Charles Addition and said west line 1020.00 ft. to
the point of beginning, containing 18.61 acres more or less;
.1j
Part of the S1/2, SW1/4, Section 31, Township 2 North, Range 13
West, Pulaski County, Arkansas, more particularly described as
Beginning at the Southeast corner of the S1/2, SW1/4, said
EXHIBIT A-4
Section 31, thence N8703910511W along the South line thereof,
1359.46 feet; thence Northeasterly along the East right-of-way
line of a 90 foot public street, being the arc of a 909.93 foot
radius curve to the right, a chord bearing and distance of
N2105214311E, 458.69 feet; thence N36028133"E and continuing along
said East right-of-way line, 223.79 feet; thence S8703215511E and
parallel with the North line of said S1/2, SW1/4, 389.70 feet;
thence S0201611711W and parallel with the East line of said S1/2,
SW1/4, 325.02 feet; thence S8703215511E and parallel with the
North line of said S1/2, SW1/4, 690.04 feet to a point on the
East line of said S1/2, SW1/4; thence S02016117"W along said East
line, 290.58 feet to the point of beginning, containing 12.62
acres more or less;
AND
A tract of land in Section 31, Township 2 North, Range 13 West,
Pulaski County, Arkansas, being all of Tracts 161 and 176, and
part of Tracts 144, 145, 159, 160, 162, 175, 177, 178, 457, 472
and 473, Dairy Farm Addition, Little Rock, Arkansas, and more
particularly described as follows: Beginning at the center of
said Section 31, said point of beginning being the common corner
of Tracts 160, 161 and 473, said Dairy Farm Addition; thence
S02016'08"W along the East line of the SW1/4 of said Section 31,
said East line being also the East line of said Tract 161, 176,
177, a distance of 300.38 feet; thence N87043'52"W, 442.19 feet;
thence N24010105"E, 88.88 feet; thence Northerly along the arc of
a 999.93 ft. radius curve to the left, a chord bearing and
distance of N12052'57"E, 391.21 feet; thence N01036128"E, 104.42
feet; thence S88024133"E, 335.03 feet; thence S01036'19"W, 275.00
feet to the point of beginning, containing 4.7972 Acres more or
less;
"MI
A tract of land in the NE1/4, Section 31, Township 2 North, Range
13 West, Pulaski County, Arkansas, being all of Tracts 373, 380
and 381 and part of Tracts 371, 372, 374, 379 and 382, Dairy Farm
Addition, Little Rock, Arkansas and more particularly described
as follows: Starting at the center of said Section 31, thence
N00007150"E along the West line of the NE1/4 of said Section 31,
being also the West line of Tracts 473, 472, 457, 456, 441, 440,
425, 424, 409, 408, 396, 397, 389 and 388, a distance of 1814.21
feet to the Southwest corner of said Tract 381 and the point of
beginning; thence N01027154"E along the West line of said Tract
381, 132.48 feet to the Southwest corner of said Tract 380;
thence N0102513811E along the West line of said Tracts 380, 373
EXHIBIT A-5
and 372, 388.38 feet; thence S87031109"E, 359.68 feet to a point
on the West line of Lot 30R, Belle Pointe, an Addition to the
City of Little Rock, Arkansas thence S10059'17"E along said West
line, 17.80 feet to the Southwest corner of Lot 29R, said Belle
Pointe Addition; thence S3700813011E along the Southwesterly line
of said Lot 29R, 27.97 feet; thence S01025137"W, 475.85 feet to a
point on the South line of said Tract 382, Dairy Farm Addition;
thence N8802613811W along the South line of said Tracts 382 and
381, 380.97 feet to the point of beginning, containing 4.5155
acres more or less;
Aj'kN
Part of the NW1/4, Section 31, Township 2 North, Range 13 West,
Pulaski County, Arkansas, being all of Tracts 38, 43, 44, 45, 46,
51, 52, 53, 54, 62, 67, 78, 83, 94, 99, 110, 115 and 126 and part
of Tracts 39, 42, 50, 55, 58, 59, 60, 61, 63, 66, 68, 77, 79, 82,
84, 93, 95, 98, 100, 109, 111, 114, 116, 125, 127, 130, 131, 132,
142 and 143, Dairy Farm Addition, Little Rock, Arkansas and more
particularly described as: Starting at the center of said Section
31, said starting point being the common corner of Tracts 160,
161 and 473 said Dairy Farm Addition; thence N01036119"E, 275.00
feet; thence N88024133"W, 335.03 feet; thence N88020127"W 90.00
feet to the point of beginning; thence N88023141"W, 410.00 feet;
thence N29039135"W, 481.63 feet; thence N0800810511E, 490.39 feet;
thence N04035138"W, 477.04 feet; thence N87020125"W, 878.95 feet;
thence N0105312511E, 407.45 feet to a point on the North line of
Tract 39, said Dairy Farm Addition; thence S8802414011E along the
North line of Tracts 39 and 38 said Addition, 353.97 feet to the
Northeast corner of said Tract 38; thence S0104510211W along the
East line of said Tract 38, 128.33 feet to the Northwest corner
of Tract 44, said Addition; thence S88o2911911E along the North
line of Tracts 44, 45 and 46, said Addition, 934.15 feet to the
Northeast corner of said Tract 46; thence S00021146"W along the
East line of said Tract 46, 131.74 feet to the Southea-st corner
thereof; thence S01028115"W, 16.33 feet; thence Southeasterly
along the arc of a 999.93 ft. radius curve to the left, having a
chord bearing and distance of S10047100"E, 424.33 feet; thence
S2300113011E, 163.04 feet; thence Southerly along the arc of a
909.93 ft. radius curve to the right, having a chord bearing and
distance of S10042133"E, 388.16 feet; thence S01036'26"W, 580.12
feet to the point of beginning, containing 26.8147 acres more or
less;
LESS AND EXCEPT:
EXHIBIT A-6
A tract of land in the S1/2, SW1/4, Section 31, T-2-N, R-13-W,
Pulaski County, Arkansas, more particularly described as follows:
Starting at the southeast corner of the S1/2, SW1/4, said Section
31, thence N87039116"W along the south line thereof, 904.45 ft.
to the point of beginning; thence continue N87039'16"W along said
south line, 455.25 ft.; thence N07002127"E, 26.23 feet; thence
northerly along the arc of a 909.93 ft. radius curve to the
right, a chord bearing and distance of N20030146"E, 423.97 ft.;
thence N2603713211E, 92.87 ft.; thence S46017154"E, 465.89 ft.;
thence S2002212811W, 216.43 ft. to the point of beginning,
containing 4.00 acres, more or less;
LESS AND EXCEPT: A part of the S1/2 of the SW 1/4 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
the said SW1/4, Section 31; thence N87o38157"W along the South
line of the said S1/2 of the SW1/4, Section 31, 854.08 ft.;
thence N1001515211E, 203.38 ft. to the point of beginning; thence
N46042117"W, 477.67 ft.; thence N36o29119"E, 347.76 ft.; thence
S53o3014011E, 360.98 ft.; thence S23o1211311W, 343.96 ft.; thence
S10016125"W, 77.60 ft. to the point of beginning, containing 3.50
acres more or less.
EXHIBIT A-7
_City of Little Rock En ineerinq Division
De✓F_nrnem of 7C1
Put)hc Works Lafle ;;o_-i,. A:i.ansa5 _�C✓ 's�C
371•cb11 FAX _7.
CIVIL ENGINEE RING RESPONSE
The Civil Engineering Reauirenenzs fcr Filing of Final Plats
have been satisfied. X.ppreval fer filing cf this plate can
be issued he
Signed by
-%y-
_- RKS• D)(F Uis4=1Tt �O
CL•R PUBLIC WORKS DEPT.
DATE
TO
AGENCY
AM r
FROM
7,GENCY
F1.r
PHONE y
r
TOTAL PAGES
CITY OF LITTLE ROCK, ARKANSAS
DEPARTMENT OF NEIGHBORHOOD REVITALIZATION AND PLANNING
RING FEES
DATE
Annexation
Board of Adjustment Application. • • • • • • $
Conditional Use Permit . • • . . • • . $
Final Plat
Planned Unit Devepm.
Preliminary Plat . ..
Rezoning ApplicatiA wqo�
Site Plan (Multiple Building/Zoning) - $
Special
Use Permit $
Street, Alley, of Easement Closure $
Street Name Change . • . • . . . . . . . $
Street Name Signs: : # s igns� at `7 ea . $ 3 6
TOTAL $
File No LF-7 lj Address: VA
By:
Applicant:�-'`�