The URL can be used to link to this page

Home My WebLink AboutS-1042-Q Applicatione�ilc�1A3'112 WD/16/2032 Filer' & 3EcorcleG ir, Jfic•ial �'ecwds of th �n� Lle�i I PLAT AND BILL OF ASSURANCE; b41 Or THE VILLAGES OF WELLINGTON LOTS 43 THROUGH 58, BLOCK 11 TRACT B, BLOCK 11 LOTS 6 THROUGH 12, BLOCK 12 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 tract of land in the W1/2 of Section 31, T-2-N, R-13-W, Little Rock, Pulaski County, Arkansas, which includes all of Tract 163 and part of Tracts 157, 158, 159, 162, 164, 165, 172, 173, 174, 175, 178, 179, 180 and 189, Dairy Farm Addition, Little Rock, Arkansas, more particularly described as: Beginning at the Northwest corner of Lot 42, Block 11, the Villages of Wellington, Little Rock, Arkansas; Thence N14 3T16"W, 259.15 ft.; Thence N08 46'26"E, 145.80 ft.; Thence N42 31'01"E, 148.28 ft.; Thence N81 25'22"E, 221.77 ft.; Thence S86 46'04"E, 452.38 ft.; Thence S47 32'31"E, 136.97 ft.; Thence S24 38'35"E, 135.40 ft.; Thence S73 00'14"E, 22.96 ft. To a point on the West right-of-way line of Wellington Village Road; Thence S08 07'51 "W along said West right-of-way line, 177.33 ft. To the Northeast corner of Tract A, Block 12, said the Villages of Wellington; Thence N81 52'09"W along the North line of said Tract A, 20.49 ft. To the Northeast corner of Lot 59, said Block 11; Thence N86 59'14"W along the North line of said Lot 59, 123.08 ft. To the Northwest corner thereof; Thence NO3 00'46"E along the East right-of-way line of Wellington Woods Loop, 67.36 ft.; Thence N86 59'14"W, 50.00 ft. To the Northeast corner of Lot 1, said Block 12; Thence N86 46'04"W along the North line cif said Lot 1 and along the North line of Lots 2, 3 and 4, said Block 12, 4 08.8 3 ft. To the Northwest corner of said Lot 4, Thence S12 00'56"e along the west line of said Lot 4, 134.35 ft. To the northeast corner of Lot 5, said Blocic 12; Thence S70 45'20"W along the North line of said Lot 5, 145.68 ft. To the Northwest corner thereof; Thence N12 37'10"W along the East right-of-way line of Wellington Woods Loop, 2.30 ft. To a point on the Easterly extension of the North line of said Lot 42, Block 11; Thence S77 22'50"W along said extension, 179.31 ft. To the point of beginning, containing 7.9541 acres, more or less. THIS INSTRUMENT PREPARED BY SHULTS LAW FIRM, LLP 200 WEST CAPITOL, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 S8,p4^f9 RffL2♦ e • - Fs• 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 Recorderof 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, as Instrument No. 97- 043733, which Declaration of Covenants and Restrictions, as amended, establishes a community of 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, 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 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 April 16, 2002, anc�-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 G393 , and Developer does hereby make this Bill of Assurance applicable to such Property. THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -2- 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 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 THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -3- 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. A portion of said property platted hereby and designated as Tract "B" shall be used as "Common Properties," for installation and maintenance of recreation facilities, landscaping, utilities, and other related purposes. Tract "B" 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 breeze ways, shall be at THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -4- least 2,400 square feet for single -story residences and 2,600 square feet for two-story residences. 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, 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 (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 52 through 58, Block 11, and Lots 10 through 12, Block 12, 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. RESTRICTED ACCESS - Tract "B". No part of Tract "B" may be used by motor vehicles of any kind, and no part of Tract "B" may be used or traversed for vehicular access to any property, lots, or streets which adjoin Tract "B." No vehicle, boat, trailer, or THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -5- other property may be parked or stored on any part of Tract "B." Nothing herein shall restrict or limit the nonexclusive right of members of The Villages of Wellington Community Association, Inc. to use Tract "B" for Recreational Purposes, all as more fully set forth in the Declaration of Covenants and Restrictions filed as Instrument No. 95-47743 which is applicable to Tract "B." 9. DRIVEWAY AND UTILITY EASEMENTS. On the Plat filed in conjunction herewith, there are designated Driveway and Utility Easements, each twenty-five feet in width. These easements may be used as utility easements as provided herein. Otherwise these easements shall only be used as private driveways to the lots adjacent to the easements. Developer will initially construct the private driveways. Thereafter, Developer will have no obligation regarding the private driveways, including, but not limited to, their repairs, maintenance, or replacement. Each owner of a lot adjacent to a private driveway shall be obligated to repair, maintain, or replace that part of a private driveway abutting that owner's lot so as to keep the private driveway in a satisfactory condition. No fence, structure, or obstruction of any kind shall be erected on these easements and nothing shall be done on these easements which shall interfere with the use of the easements as private driveways to the lots adjacent to these easements. These easements do not create public roads or streets and shall only be used for the purposes set out above. 10. 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. 11. 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 THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -6- initiate compliance procedures pursuant to the terms of The Declaration of Covenants and Restrictions, or to pursue any other lawful remedy. 12. 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. 13. 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. 0 Executed this 161day of ary CpItlett, Secretary STATE OF ARKANSAS } ss. COUNTY OF PULASKI /V A y . 2002, WINROCK DEVELOPMENT COMPANY By Russell B. McDo ugh III, President On this /0-fA day of fil A , 2002, before me, a notary public, duly commissioned, qualified and acting within and forthe 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. THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -7- IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and gear aforesaid..----- - -� ; SEAL F 3' JANETTE Y. WILLIAMSON f •;K �- NOTARY PUgLiG • AR NOTARY PUBL Mil -- -- Rsvim-d cnly for inc;usizn of Mirip ::]',=71derds f1iil0Rc6 subd14;C7r, 13ii1 of EiSS:.'r2.nCa f.`iovlSiC§"G. csi.?bi-.r?;j tS :`•'= developer ray excwd minimum ,Nula:ion:; of tho UtL's Rock subdivision and zoning ordin-,Haas. City of Little Rock Planning Cflmmissiort In ° City of Liitlie Ruck _ w _ Civil Engineeiing Division Department of 701 West Markham Public Works Little Rock, Arkansas 72201-1300 371-4311 Fax 371-4460 W/p CIVIL ENGINEERING RESPONSE THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE BEEN SATISFIED. APPROVAL FOR FILING OF THIS PLAT CAN BEISSUED ,'//a , o-� Gv-11.-,v 7kH 1of 43 sS' /z T.k/--'D" Q i�4 ti SIGNED BY ENGINEER SIGNED BY SURVEYOR SIGNED BY 911 ADDRESS COORDINATOR DXF. DISKETTE PLAT DXF DISKETTE STORM DRAIN Al REMARKS City of Little Rock Planning and Development Filing Fees Date: Cl 177-- , 20 b2L Annexation Board of Adjustment Cond. Use Permit/T.U.P. Final Plat Planned Unit Dev. Preliminary Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Number at ea. Public Hearing Signs Number at ea. Total File No. Location Applicant Lk.Q, %xi — By JQK X � W, CA� 2V�v