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Home My WebLink AboutS-1042-CC ApplicationPLAT AND BILL OF ASSURANCE THE VILLAGES OF WELLINGTON LOTS 12 THROUGH 31, BLOCK 4 LOTS 31A, 31 B, AND 31 C, BLOCK 4 WINROCK DEVELOPMENT COMPANY TO THE PUBLIC KNOW ALL MEN BY THESE PRESENTS: 2003117022 11/13/2003 03:26:08 PM Filed & Recorded in Official Records of CAROLYN STALEY PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $41.00 That-Winrock -Development Company, -hereinafter-..called. D.eveloper.,_ is, the.jawne.r... . of the following property: PART OF THE S1/2 SW1/4 OF SECTION 31, T-2-N, R-13-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 32, BLOCK 4, THE VILLAGES OF WELLINGTON, PHASE I, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS SAID CORNER LYING ON THE EAST LINE OF THE S1/2 SW1/4, SAID SECTION 31 AND THE WEST LINE OF LOT 702, ST. CHARLES, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE S02"15'30"W ALONG SAID EAST LINE AND ALONG THE WEST LINE OF SAID LOT 702 AND WEST LINE OF LOTS 689, 688 AND 687, SAID ST. CHARLES, 409.76 FT. TO THE SOUTHWEST CORNER OF SAID LOT 687, BEING ALSO THE SOUTHEAST CORNER OF THE SW1/4, SAID SECTION 31; THENCE N87°39'40"W ALONG THE SOUTH LINE OF SAID SW1/4, 854.10 FT. TO A POINT ON THE SOUTHERLY EXTENSION OF THE EAST LINE OF TRACTA, SAID THE VILLAGES OF WELLINGTON; THENCE N10015'20"E ALONG SAID SOUTHERLY EXTENSION AND ALONG THE SAID EAST LINE, 280.98 FT.; THENCE N23011'21"E CONTINUING ALONG SAID EAST THIS INSTRUMENT PREPARED BY: Shults, Ray & Kurrus 200 West Capitol, Suite 1600 Little Rock, Arkansas 72201 LINE, 121.10 FT. TO THE SOUTHWEST CORNER OF LOT 6, BLOCK 4, SAID THE VILLAGES OF WELLINGTON; THENCE S63037'50"E ALONG THE SOUTH LINE OF SAID LOT 6 AND ALONG THE SOUTH LINE OF LOTS 7 AND 8, SAID BLOCK 4, 268.05 FT.; THENCE S89°54'29"E CONTINUING ALONG THE SOUTH LINE OF SAID LOT 8 AND ALONG THE SOUTH LINE OF LOTS 9 AND 10, SAID BLOCK 4, 249.53 FT. TO THE SOUTHEAST CORNER OF SAID LOT 10; THENCE N07°33'53"E ALONG THE EAST LINE OF SAID LOT 10, 45.43 FT. TO THE SOUTHWEST CORNER OF LOT 11, SAID BLOCK 4; THENCE S87°40'51"E ALONG THE SOUTH LINE OF SAID LOT 11, 107.61 FT. TO THE SOUTHEAST CORNER THEREOF; THENCE S83013'07"E, 50.00 FT. TO A POINT ON THE EAST RIGHT- OF-WAY LINE OF PARLIAMENT COURT; THENCE N07041'52"E ALONG SAID EAST RIGHT-OF-WAY LINE, 86.75 FT. TO THE SOUTHWEST CORNER OF SAID LOT 32, BLOCK 4; THENCE S82017'53"E ALONG THE SOUTH LINE OF SAID LOT 32, 108.29 FT. TO THE POINT OF BEGINNING, CONTAINING 6.3394 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 Declarations of Covenants and Restrictions dated July 10, 1997, as instrument 97-043733, which Declaration of Covenants and Restrictions, as amended, establish a community with 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 -2- 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 /VOU6M 6W- , 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 Offi�c;;ey oaf the Circuit Clerk and Recorder of Pulaski County, Arkansas, in Plat BookG_ � , 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 -3- 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 sffown on saiTp at and the streets in said e 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. In 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. 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 main floor area thereof, exclusive of porches, patios, garages, and breezeways, shall be at least 2000 square feet for single -story residences and 2200 square feet for two-story residences on all Lots. The term "main floor area" as used in this paragraph shall include living, dining, and sleeping areas, which areas may be on different levels. 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. The residences on the lots herein described shall be of similar size and architectural style so as to create a neighborhood with common and complementary architectural elements. 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 -5- 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 nearer than 25 feet to the rear lot line, as shown on the plat filed in conjunction herewith. 6. RESOURCE AREAS. There may be shown on the plat filed in conjunction with this bill of assurance certain resource areas. No construction of any kind, and no disturbance during construction, shall take place on such resource areas. Such resource areas shall be conserved as natural areas, without removal of any living vegetation, all as more fullydescribedin a ec ara ion o Covenan s and Restrictions and in any architectural guidelines and policies which are established by the Architectural Control Committee for The Villages of Wellington. 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. 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 M 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. 10. 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 and properly filed for record in the Office of the Circuit Clerk and Recorder for Pulaski County, Arkansas. 11. 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 o tti day of / & Je .,, 6 , 2003. ATTES -Gary C lett, Secretary WINROCK DEVELOPMENT COMPANY By r -- Russell B. McDonough, Jr., President -7- Reviewed c;z6y a; inc union of minimum S'?"T dS require' by the City cR �hlishad 0 I :n Sill cf p;suran f + ¢rirc. `; u,aucn cl the e Roek sul0vuion and xcr:ng er. sr. n.. �. City o -ttle Rock Planning Con,rnission ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this o1 tk day of 6)0 o e „t L e,e , 2003, before me, a notary public, duly commissioned, qualified and acting within and for the 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 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. Ltj ' Notary Public My commission expires: JANETTE Y. WILLIAMSON NOTARY PUBLIC - ARKANSAS PULASKI COUNTY M Cammioslon Ex ira6: t2 - 24 - 21}08 ..* 1 a -am Qnrk Civil Enc�ineerin� Division Department of 701 West Markham DepartmentPpar Words Lithe Rock, Arkansas 72201-1300 371-4811 Fax 371-4460 VwI'D CIVIL EN G ISPONSE THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE BEEN SATISFIED. APPROVAL FOR FILING OF THIS PLAT CAN BE ISSUE[)•// ,qG E5 a Well ►.. �e15 /2 -3/, 3/X., 31 � 3� r B SIGNED BY ENGINEER SIGNED BY SURVEYOR /A RT(TNED BY 911 ADDRESS COORDINATOR a K DXF. DISKETTE PLAT 14 • a P DXF DISKETTE STORM DRAIN REMARKS City of Little Rock Planning and Development Filing Fees Date: k [,,A{, , 20 03 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.— a Cut,, Location Applicant By