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Home My WebLink AboutS-1042-X ApplicationG-bb v PLAT AND BILL OF ASSURANCE THE VILLAGES OF WELLINGTON LOTS 1 THROUGH 18, BLOCK 16 TRACT A, BLOCK 16 LOTS 1 THROUGH 5, B .9.GK47..*,, WINROCK DEVELOPMENT COMPANY `�'�¢' TO Lu THE PUBLIC � 4 6 O C 0* w1 �4 KNOW ALL MEN BY THESE PRESENTS: � !** ♦7�ilY4�G%YL 2003054610 06/06/2683 02:58:31 PM Filed 8 Recorded in Official Records of CAROLYN STALEY PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees ! 3 b , c t� That Winrock Development Company, hereinafter called Developer, is the owner of the following property: A TRACT OF LAND IN SECTION 31, T-2-N, R-13-W, PULASKI COUNTY, ARKANSAS, BEING ALL OF TRACTS 126, 131, 132,142 AND PART OF TRACTS 99, 100, 109, 110, 114, 115, 116, 124, 125, 127, 130, 133, 140, 141, 143, 146,147 AND 148, 149, 156, 157, 158, 159, 160, 161, AND 162, DAIRY FARM ADDITION, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE NORTHWEST CORNER OF TRACT B, THE VILLAGES OF WELLINGTON, LITTLE ROCK, ARKANSAS; THENCE S50°34'00"W, 60.00 FT. TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELLINGTON VILLAGE ROAD AND THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING: (1) S39°26'00"E,11.18 FT.; (2) SOUTHEASTERLY ALONG THE ARC OF A 870.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S31013'43"E, 248.32 FT.; (3) SOUTHERLY ALONG THE ARC OF A 95.50 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S01048'30"W, 80.21 FT.; (4)SOUTIHERLY ALONG THE ARC OF A 82.50 FT. RADIUS CURVE TO T F' LEFT, A CHORD BEARING AND DISTANCE OF S' 14.21' 11 "E, i 08.24 FT.; (5) SOUTHERLY ALONG THE .i:._: OF A 95.50 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S 30030'51"E, 80.21 FT. AND (6) SOUTHERLY ALONG THE ARC OF A 870.00 RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S01 ° 13'28"W, 209.23 FT. TO THE NORTHEAST CORNER OF TRACT B, BLOCK 11, THE VILLAGES OF WELLINGTON; THENCE N73000'14"W ALONG THE NORTH LINE OF SAID TRACT B, 22.96 FT. TO THE SOUTHEAST CORNER OF LOT 56, SAID BLOCK 11; THENCE N24038'35"W ALONG THE EAST LINE OF SAID LOT 56, 135.40 FT. TO THE NORTHEAST CORNER OF LOT 55, SAID BLOCK 11; THENCE N47032'31"W ALONG THE NORTH LINE OF SAID LOT 55,136.97 FT. TO THE NORTHEAST CORNER OF LOT 54, SAID BLOCK 11; THENCE N86°46'04"W ALONG THE THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 NORTH LINE OF SAID LOT 54 AND ALONG THE NORTH LINE OF LOTS 53, 52, 51 AND 50, SAID BLOCK 11, 452.38 FT. TO THE NORTHEAST CORNER OF LOT 49, SAID BLOCK 11; THENCE S81°25'22"W ALONG THE NORTH LINE OF SAID LOT 49 AND ALONG THE NORTH LINE OF LOT 48, SAID BLOCK 11, 221.77 FT. TO THE NORTHERNMOST CORNER OF LOT 47, SAID BLOCK 11; THENCE S42°3 F01 "W ALONG THE WEST LINE OF SAID LOT 47, 148.28 FT. TO THE WESTERNMOST CORNER THEREOF; THENCE N12°51'38"W, 327.87 FT.; THENCE N04°00'24"W, 230.67 FT.,THENCE N34°37'11"E, 180.12 FT.; THENCE N46°14'34"E, 115.00 FT.;THENCE N41°41'22"E, 226.18 FT.; THENCE N38°44'48"E, 117.04 FT. TO A POINT ON THE SAID SOUTH RIGHT-OF-WAY LINE OF WELLINGTON VILLAGE ROAD; THENCE SOUTHEASTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE BEING THE ARC OF A 970.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S48005'38"E, 292.12 FT.; THENCE S39026'00"E CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE, 341.38 FT. TO THE POINT OF BEGINNING, CONTAINING 14.9579 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 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. THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -2- 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, Phase 10, an Addition to the City of Little Rock, Arkansas, and the date , 2003, 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 LAD , 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. THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -3- 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 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. Any private garage on the site shall be enclosed and shall be for a minimum of two cars. 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 "A" shall be used as "Common Properties," for installation and maintenance of THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -4- recreation facilities, landscaping, utilities, and other related purposes. Tract "A" 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 least 3,000 square feet for single -story residences and 3,200 square feet for two-story or split-level residences. 4. ARCHITECTURAL CONTROL. All sides of any residence shall be brick and 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 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 THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -5- 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 "A". No part of Tract "A" may be used by motor vehicles of any kind, and no part of Tract "A" may be used or traversed for vehicular access to any property, lots, or streets which adjoin Tract "A." No vehicle, boat, trailer, or other property may be parked or stored on any part of Tract "A." Nothing herein shall restrict or limit the nonexclusive right of members of The Villages of Wellington Community Association, Inc. to use Tract "A" 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 "A." 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, 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. 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 THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -6- of the other provisions, which shall be independent and which shall remain in full force and effect. Executed this 4,Y-k_ day of , 2003. WINROCK DEVELOPMENT COMPANY By Russell B. McDonough, Jr,/FrFesident ATTEST: Janette Y. Williamson, Assistant Secretary STATE OF ARKANSAS ss. COUNTY OF PULASKI On this _� day of , 2003, before me, a notary public, duly commissioned, qualified and acting within and forthe county and state aforesaid, appeared in person Russell B. McDonough, Jr. and Gary Catlett, to me well known, who stated that they were the President and Secretary of VIlinrock 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: 4-nZ-Zo 1"1__ M EDA PI. HARG ROVE NOTARY PUBLIC - ARKANSAS FAULKNER COUNTY commiaston Ex ices' 4 -12 - 2012 Reviewed only for inclusi-on of minimum standards required by the Goy cf Linde Roc1c subdivision r-M.Wa'ionr. Bill of ASs+liranco P rovisic',, ccr�f�ished Ly i`:: developer may exo"-d minimum r yu!Wi0r.5 a€ Lhr• E11.itkle Rock subdivision and zoning crdinance= l � � L) Citv of Lirf€.. Rock P -, n=.nn Commission civil 7011Nesfi Markham Little Rock, Arkansas 72201-1300 371-4811 Fax 371-4460 uj / p CIVIL ENGINEERING RESPONSE THE CVVTL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE BEEN SATISFIED_ APPROVAL FOR FILING I/G OF THIS FLAT CAN BE ISSUED e $ l�� 45 SIGNED BY ENGINEER SIGNED BY SURVEYOR Rv al l AnnRESS COORDINATOR o k J1V Ate++✓ +� DXF- DISKETTE PLAT tie < O DXF DISKETTE STORM DRAIN X < <- d REMARKS Division r D City of Little Rock Planning and Development Filing Fees Date. 151 -1. , 20 () � Annexation $ Board of Adjustment $ Cond. Use Permit/T.U.P. $ Final Plat $ d ') Planned Unit Dev. $ Preliminary Plat $ Special Use Perna' :�' k $ Rezoning Site Plans Street Name 'an e 1= �ti $ x Street Name Signs, Number�),fat/]5•duea. $ l ��✓ Public Hearing Signs Number at ea. $ Total $ •�a! p 10 File No. Location 1 �� , 4•A-) Applicant