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Home My WebLink AboutS-1042-E ApplicationPLAT AND BILL OF ASSURANCE THE VILLAGES OF WELLINGTON LOTS 1 THROUGH 21, BLOCK 7 LOT 1, BLOCK 8 LOTS 1 THROUGH 4, BLOCK 9 LOTS 12 THROUGH 15, BLOCK 10 AND TRACTS B, C, AND D 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: PROPERTY DESCRIPTION Part of the North 1/2 of Section 31 and part of the Southeast 1/4 of Section 31, all in Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: BEGINNING at the Northwest corner of Lot 723 of St. Charles Addition, as recorded in Plat Book "E", page 256, in the office of the Circuit Clerk of Pulaski County, Arkansas; thence North 87030'45" West 284.24 feet to a point on the proposed Easterly right-of- way line of Wellington Village Road; thence along said right-of-way line North 08007'51" East 71.79 feet; thence continuing along said right-of-way line on a curve to the left having a radius of 930.00 feet, an arc distance of 772.04 feet and a chord bearing and distance of North 15039'05" West 750.06 feet; thence continuing along said right-of-way line North 39026'00" West 11.18 feet; thence North 50034'00" East 120.50 feet; thence South 84058'46" East 260.00 feet; thence South 46037'53" East 242.49 feet to a point on the proposed Westerly right-of-way line of Tory Court; thence South 51 °56'09" East 50.00 feet to a point on the proposed Easterly right-of-way line of Tory Court; thence along said right-of-way line on a curve to the left having a radius of 97.50 feet, an arc distance of 54.79 feet and a chord bearing and distance of South 21 °57'55" West 54.07 feet; thence continuing along said right-of-way line South 05°51'58" West 14.26 feet; thence South 79°12'00" East 107.57 feet; thence South 76025'20" East 559.74 feet; thence South 68006'46" East 119.90 feet; thence South 59041'47" East 171.14 feet to a point on the proposed Easterly right-of-way line of Wetherborne Drive; thence South 49009'12" East 106.56 feet to the Northwest corner of Lot 270 of St. Charles Addition, as recorded in Plat Book "E", page 256, in the office of the Circuit Clerk of Pulaski County, Arkansas; thence South 40°50'32" West 130.00 feet to a point on the Northerly right-of-way line of Loyola Drive; thence along said right-of-way line North 49009'18" West 128.73 feet; thence South 40048'12" West 60.00 feet; thence South 44034'57" West 110.21 feet; thence South 83042'25" West 233.05 feet; thence North 85°45'19" West 95.25 feet; thence North 66053'21" West 125.60 feet; thence South 64043'52" West 343.94 feet to the POINT OF BEGINNING, containing 15.300 acres, more or less. 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. 95-47743 ("The Declaration of Covenants and Restrictions"), as amended by the First Amendment to Declaration of Covenants and Restrictions, dated 1- /0 , 1997, as Instrument No. , which Declaration of Covenants and Restrictions, as amended, establishes a community of common facilities and amenities known as The Villages of Wellington." 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 The Mehlburger Firm, 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 r'- /S_ q7 , 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. 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. -2- 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 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, as amended, 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 and the average width of the front and rear of the lot 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. That a portion of said property platted hereby and designated as Tract "B", Tract "C " and Tract "D" shall be used as "Common Properties," for the installation and maintenance of recreation facilities, landscaping, utilities and other related purposes; which Tracts will be conveyed to The Villages of Wellington Community Association, Inc. as provided for in The Villages of Wellington Declaration of Covenants and Restrictions as amended. 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 heated area thereof, exclusive of porches, patios, garages, and breezeways, shall be at least 2800 square feet for single -story residences and 3000 square feet for two-story residences. 4. ARCHITECTURAL CONTROL. All construction and styles of residence shall first be approved by the Architectural Review Committee of The Villages of Wellington, all as set forth more fully in The Declaration of Covenants and Restrictions, as amended. 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 -3- (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 constructed nearer to the rear lot line than allowed by the City of Little Rock. 6. PRESSURE REDUCING VALVES ARE REQUIRED. Lots 11 through 17, Block 7 and Lots 19 through 21, Block 7 will be provided with water service from the Little Rock Water Works Highland Ridge pressure plane. Homes built on these lots shall require Pressure Reducing Valves to be installed on all water service lines to maintain safe operating water pressures. :7. PROPERTY LINES AND BOUNDARIES. 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 Lot 1, Block 7 and Lot 4, Block 9; 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. 9. PUBLIC 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, as amended, 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, as amended. No amendment shall be effective unless and until duly enacted pursuant to the terms of The Declaration of Covenants and Restrictions, as amended, and properly filed for record in the Office of the Circuit Clerk and Recorder for Pulaski County, Arkansas. -4- warms z� P)�* Cn �0 (n ro ro Pn 0 w a d0fZ 14 10 O r• O rt rt Cr r. r• (D V y r- H. O O. O A) H. w ti A) OQ r* N (D (D AW O ::1 O rt rt Sv (D Cr (D (D O _-V (D O 0 i - O A) CL O (D (D r 'C r• rt (D (D (D O• r+ O r• r• �•h DC •• O • O �-! rt rt O ro r• W (D W OQ O O O O �' O �' r• a. 'a C Y O- O O 9 A) dQ O to p, �'• C 'zf r* A) P2 O O C Au C W (D 4• O t" - W S iB O$ rn �-! O r+ O O V N r+w (D (D r• "0 En (n r+ rt M ro ro s r• � Q (1T o 1-3 UQ• m w M tv 9• ��cs� (D QQ r• O (D rt n a1 49 {A b9 59 rn Sa ia9 fA frr tR fi4 �{i4 � 7`' f , C• ccLD � Y C: -� ir. Cb 2 s The Mehlburger Firm Engineers ■ Architects Landscape Architects a Surveyors 201 South Imrd ■ P. O. Box 3837 ■ Little Rock, AR 72203-3837 501-375-5331 — Fax 375-7452 TO / i1 /C-iG/�� - /—�0 0 � - -®ATE 7A /17 ? SUBJECT:.y.QSG rn "CV-pI2 'leeV/t,L./. �JU�3-G/� ea..!/� �E/ T�-JS_/7/TTL- -- /�o--' /�92/C10_.J j•.//TN /doc/G 1••//G. L /�/la►�f/J� � /G G _-�/� �-S,S v��9.,�cc �t.�/> �=mac The Mehlburger Firm Engineers a Architects Landscape Architects a Surveyors 501-375-5331 — Fax 375-7452 Alk TO % �I�r��/-s+•e,:::� DATE-- -77..- /d/f_%_' SUBJECT:_1V/4-6/94c'S y�pG,yG�J is CJ r Ie- �r�� -O•Ff 5� �i �.�lJ /-I b�Pr7✓��-.� �72.__ dc QcJCST/0--%S JL c �95 C.9G-G . - 1 / MLCC-803-2 PRINTED IN U.S-A. ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this 11 -�L day of , 1997, before me, a notary public, duly commissioned, qualified and acting wit in and for the county and state aforesaid, appeared in person Claude Brasseale, Jr. and Janette Y. Williamson, to me well known, who stated that they were the President and Assistant 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. 4otPublic My commission expires: OFFICIAL SEAL LAURAN G. JOHNSON �GLl NOTARY PUBLIC - ARKANSAS FAULKNER COUNTY My Commission Expires -FEB. 1, 2006 Reviowed oni for indusion of mirrimum staidaHs required by tho M1 of lit' Rock subdivision rcaulationI 8111 of Assu m nca provis,1,ois cstablishad L- devoid; �3r may om.;c.d ida Roe'(, svh 'Wiv ; air �f � - - �� . • � 0 City of Little Rock EngineerinQ Division Depar,menl of 701 West 1: arkham Public Works Lillie Rock, Arkansas 7:201.13DD 371-c811 FAX CIVIL ENGINEERING RESPONSE Cy"Fh/8uizCIE 2, The Civil Engineering Requirements for Filing of Final Plats have been satisfied. Approval for filing of this plat can be issued The o f'/-4,3 IV Signed By l �- R1- L RKS: DkF �oe Ju-) cl 0:'s cY t� 7fe c CLR PUBLIC WORKS DEPT. DATE TO AGENCY / FAX # FROM AGENCY FAX r PHONE TOTAL PAGES 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. Executed this i 1 day of 1997. WINROCI< DEVELOPMENT COM ATTEST: nette Y. Williamson, Assistant Secretary Claude Brasseale, Jr., -5-