Loading...
HomeMy WebLinkAboutS-1042-H ApplicationPLAT AND BILL OF ASSURANCE THE VILLAGES OF WELLINGTON WELLINGTON VILLAGE ROAD WINROCK DEVELOPMENT COMPANY TO THE PUBLIC KNOW ALL MEN BY THESE PRESENTS: That Winrock Development Company, hereinafter called Developer, is the owner of the following property in the City of Little Rock, Pulaski County, Arkansas: PROPERTY DESCRIPTION Part of the West 1/2 of Section 31, T-2-N, R-13-W, Little Rock, Pulaski County, Arkansas being more particularly described as follows: BEGINNING at the Northwest Corner of Tract R, The Viliaq�ns & Wellington, Phase IV, an Addition to the City of Little Rock, Pulaski County, Arkansas (Plat Book E-958); thence South 391 26' 00" East along the West line of said Tract B a distance of 11.18 feet; thence along "a curve to the right having a radius of 930.00 feet, an arc distance of 772.04 feet and a chord which bears South 150 39' 05" East 750.06 feet; thence South 080 07' 51" West 500.65 feet; thence along a curve to the right having a radius of 1230.00 feet, an arc distance of 608.79 feet and a chord which bears South 221 18, 36" West 602.59 feet; thence South 360 29' 21" West 1.158.43 feet; thence North 530 30' 39" West 75.00 feet; thence North 401 37' 22" East 208.11 feet; thence North 361 29' 21" East 950.86 feet; thence along a curve to the left having a radius of 1170.00 feet, an arc distance of 579.09 feet and a chord which bears North 220 18' 36" East 573.20 feet; thence North 080 07' 51" East 500.65 feet; thence along a curve to the left having a radius of 870.00 feet, an arc distance of 209.74 feet and a chord which bears North 010 13' 28" East 209.23 feet; thence along a curve to the left having a radius of 95.50 feet, an arc distance of 82.78 feet and a chord which bears North 300 30' 51" West 80.21 feet; thence along a curve to the right having a radius of 82.50 feet, an arc distance of 118.05 feet and a chord which bears North 140 21' 11" West 108.24 feet; thence along a curve to the left having a radius of 95.50 feet, an arc distance of 82.78 feet and a chord which bears North 010 48' 30" East 80.21 feet; thence along a curve to the left having a radius of 870.00 feet, an arc distance of 249.17 feet and a chord which bears North 311 13' 43" West 248.32 feet; thence North 390 26' 00" West 11.18 feet; thence North 500 34' 00" East 60.00 feet to the POINT OF BEGINNING containing 4.331 acres, more or less. WHEREAS, it is deemed desirable that all of the above described property ("Property") be platted and dedicated to the Public as shown on the plat filed in conjunction with this Bill of Assurance; and WHEREAS, the 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 July 10, 1997, and filed as Instrument No. 97-043733. WHEREAS, the 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 the Property be held and owned subject to the covenants and restrictions contained in The Declaration of Covenants and Restrictions, as amended, 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 the Property. -2- NOW, THEREFORE, Developer has caused the Property to be surveyed by The Mehlburger Firm, Registered Land Surveyors, and a plat thereof made ("Plat") which is identified by the title Wellington Village Road, The Villages of Wellington, an Addition to the City of Little Rock, Arkansas, and the date ems- 2 41 -?7 , 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. 1. Developer does hereby certify that it has laid off, platted and subdivided, and does hereby lay off, plat and subdivide said real estate as Wellington Villages Road, The Villages of Wellington, an Addition to the City of Little Rock, Pulaski County, Arkansas, and Developer hereby dedicates to the public forever a perpetual easement and right of way on and over the Property as shown on said Plat to be used as a public street. 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 Wellington Village Road as shown on said Plat and the Property shall be known by the name designated on the Plat. Said land herein platted and any interest therein shall be held in conformity with the covenants of the Declaration of Covenants and Restrictions, as amended, establishing The Villages of Wellington. -3- 3. 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 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. 4. 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. 5. 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, as amended, and properly filed for record in the Office of the Circuit Clerk and Recorder for Pulaski County, Arkansas. -4- 6. 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 ! :5-1h day of �� ,�, 1997. ATTE T: Gary atlett, Secretary WINROCK DEVELOPMENT COMPANY By__� Russell B. McDonough III, f'r sident -5- ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this day of -, - , 1997, before me, a notary public, duly commissioned, qualified and acting within and for the county and state aforesaid, appeared in person Russell B. McDonough III 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. Notary Public My commission expires: OFFICIAL SEAL AI LAURAN G. JOHNSON , I NOTARY PUBLIC - ARKANSAS FAULKNER COUNTY My Commission Expiras - FEB. 1, 2006 The Mehlburger Firm Engineers ❑ Architects ❑ Landscape Architects ❑ Surveyors October 31, 1997 Mr. Richard Wood City of Little Rock Community Development & Planning Department 723 West Markham Little Rock, AR 72201 Re: Final Plat Review for Wellington Village Road Dear Richard: Please find attached two copies of the plat referenced above for your review. The utility sign - off is attached. Public Works has already reviewed and approved this plat. When you are ready to sign Mr. Ron Harrison will bring filing fee and Bill of Assurance. If have any questions or need additional information, please let me know. Sincerely, The Mehlburger Firm, Inc. Michael Watson, Vice President 201 South Izard 0 P.O. Box 3837 0 Little Rock, AR 72203-3837 o 501/375-5331 0 Fax 375-7452 City of Little Rock Engineerin2 Division Depanment o1 70 west is ar►,na*n Public Works Little Rock. Arkanscs 371-4811 FAX S'..=SD Gi rgz. euxe-wx CIVIL ENGINEERING RESPONSE The Civil Engineering Requirements for Filing of Final Plats have been satisfied. Approval for filing of this plat can be issued»tG InlC.r4h! v,'I1 ge ROAD Signed By co /�/ �1 RavA RK S : hX / �/c. C� CLR PUBLIC WORKS DEPT. DATE TO AGENCY FAX # FROM AGENCY FAX r PHONE # TOTAL PAGES City of Little Rock,Ark. Filing Fees Date: I!- 13 -, 19-LL Annexation Bd.of Adjustment $ Cond. Use Permit $ Final plat $_�� Planned Unit Dev. $ Preliminary Plat $ Special Use Permit $ Rezoning $ Site Plans �J ` Right of way abandonment $ T Z) Street name change GODS Street name signs Number at ea. $ 140 Total $ File no. IZ N Locati �Zw App 1 i c t [.i., tl. By