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Home My WebLink AboutS-1042-Z Application�A PLAT AND BILL OF ASSURANCE THE VILLAGES OF WELLINGTON LOTS 1 THROUGH 8, BLOCK 15 LOTS 47 THROUGH 61, BLOCK 15 LOTS 1 THROUGH 5,�pj&OCKI,4 ,ds WINROCK DEVELOPMENT COMPANYTO r: w I_U THE PUBLIC KNOW ALL MEN BY THESE PRESENTS: •sy«_,;,,.d 2003054611 66I961M3 82:58:32 M Filed & Recorded in official Records of Cps ILYN STALEY PULASKI Ci141RTY cinuiTICUUgy CLERK Fees $38.66 That Winrock Development Company, hereinafter called Developer, is the owner of the following property: A TRACT OF LAND IN SECTION 311 T-2-N, R-13-W, PULASKI COUNTY, ARKANSAS BEING ALL OF TRACTS 67,78 AND PART OF TRACTS 45, 46, 51, 52, 61, 62, 63, 66, 68, 77, 79, 82, 83184, 93, 94, 99 AND 100. DAIRY FARM ADDITION, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NORTHERNMOST `' '::INER OF LOT 1, BLOCK 16, THE VILLAGES OF VIIEL�.I!`!�`T i-' LITTLE ROCK, ARKANSAS, SAID CORNER LYING :'- THE SOUTH RIGHT-OF-WAY LINE OF WELLINGT: iN, V I L AG E ROAD; THENCE NORTHWESTERLY ALONG THE ARC OF A 970.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N61°06'41"W1 147.40 FT.; THENCE N24°31'52"E, 192.36 FT. THENCE N66°47'35"W, 235.25 FT.: THENCE N31 001'25"E 144.53 FT.' THENCE NORTHWESTERLY ALONG THE ARC OF A 478.64� FT. RAD li US CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N58°09'00"W, 13.81 FT.; THENCE N24°44'38"E, 243.27 FT.; THENCE N00°2653"W, 230.95 FT. TO A POINT ON THE NORTH LINE OF TRACT 45, SAID DAIRY FARM ADDITION; THENCE S88032'08"E ALONG SAID NORTH LINE AND ALONG THE NORTH LINE OF TRACT 46 SAID DAIRY FARM ADDITION, 452.41 FT.; THENCE S02°28'52"E, 132.80 FT.; THENCE S36°04'45"W, 128.60 FT.; THENCE S54048'10"E, 138.10 FT.; THENCE N35011'50"E, 19.93 FT.; THENCE S54°48'10"E, 197.38 FT. TO A POINT ON THE WEST LINE OF LOT 24, BLOCK 13, THE VILLAGES OF WELLING TON- THENCE S38059' OF L ALONG SAID WEST INE, 60.05 FT. TO THE NORTHWEST CORNERR OF LOT 25, SAID BLOCK, 13; THENCE S25° 12'18"W ALONG THE WEST LINE OF SAI D LOT 25 AN 1:7 ALONG THE WEST LINE OF LOT 26, SAID BLOCK 13, 206.47 FT. TO A POINT ON THE NORTH LINE OF LOT 28, SAID BLOCK 13; THENC Y--- S74°48'02"W ALONG SAID NORTH LINE AND ' ALONG THE NORT 79.57 FT., t-i LINE OF LOT 29, SAID BLOCK 13, THENCE 544°38'55 "1N ALONG LET 3flE SAID BLOCK SAID 9 72AFTD ALONG THE WEST LINE THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE -1 600 -1 LITTLE ROCK, ARKANSAS 72201-3637 THENCE S33024'12"W ALONG THE WEST LINE OF SAID LOT 30 AND ALONG THE WEST LINE OF LOTS 31 AND 32, SAID BLOCK 13, 214.49 FT. TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELLINGTON VILLAGE ROAD; THENCE NORTHWESTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE BEING THE ARC OF A 1030.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N52046'57"W, 142.69 FT.; THENCE S33°14'45"W, 60.00 FT. TO THE POINT OF BEGINNING, CONTAINING 10.6255 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. 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 913, 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 THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -2- Circuit Clerk and Recorder of Pulaski County, Arkansas, in Plat Book (z b[ , 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. 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 AVENUE, 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. 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. 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 2,600 square feet for single -story residences and 2,800 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. THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK. ARKANSAS 72201-3637 -4- 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 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. 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. 9. ACCESS DRAINAGE AND UTILITY EASEMENTS. On the Plat filed in conjunction herewith, there are designated access, drainage, and utility easements. These easements may be used as drainage and 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, THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 5- 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. 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 of the other provisions, which shall be independent and which shall remain in full force and effect. Executed this h +4, day of , 2003. WINROCK DEVELOPMENT COMPANY ByATTES Russell B. McDonough 0• r., resident I19V��rf" L rli� IL: sTlvii.:llLi= �jf�nS;S�;n u.Ci1�iL� atban 'S*x &a4 rec0ilec by t"'c c; is�tla Rock a yd,vocw: r•�gu : _ ' ,. Janette Y. Williamson, Assistant Secretary Bill e'. A;G;,"anca P'cvisir^z ^;t�';ss`�z:r3 �y': •� develo,�amay ex+ ^dcnir.:sYs-,;'as Ju:at.cnsIr`: `�•j Little Rock yubdivlsiost and zoning crc:'1zn '; city of Little Rack Plant g Czrn tsi� i R THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -6- STATE OF ARKANSAS ss. COUNTY OF PULASKI On this bqday 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 VVinrock 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: MEDA N. HARGROVE NOTARY PUBLIC - ARKANSAS FAULKNER COUNTY Commisslon Ex lms: 4 - 12.2012 THIS INSTRUMENT PREPARED BY SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -7- of I "a Pnrk Department of 701 West Markham Public Works little Rock, Arkansas 72201-1300 371-4811 Fax 371-4460 CIVIL ENGINEERING RESPONSE THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE BEEN SATISFIED_ APPROVAL FOR FILING OF THIS PLAT CAN BE ISSUED y 3 Cam] F ��' °y SIGNED BY ENGINEER G SIGNED BY SURVEYOR SIGNED BY 911 ADDRESS COORDINATOR o/< DXF. DISKETTE PLAT ,VC.a, DXF DISKETTE STORM DRAIN NeC*✓ F100301M civil v;p f-I9 ykre� Division City of Little Rock Planning and Development Filing Fees Date: �1l,) , 20 03 Annexation $ Board of Adjustment $ Cond. Use Permit/T.U.P. $ Final Plat i-RD Planned Unit Dev. Preliminary Plat Special Use Permit �• $ Rezoning $ Site Plans $ Street Na har� �d $ Street Name ins g r Number at Public Hearing Signs Number at ea. $ Total $ File No. C 10 Location \J OLLO� aka, ;gin'- I By