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Home My WebLink AboutS-1042-DD ApplicationPLAT AND BILL OF ASSURANCE THE VILLAGES OF WELLINGTON LOTS 9 THROUGH 46, BLOCK 15 /10 WINROCK DEVELOPMENT COMPANY / a TO THE PUBLIC KNOW ALL MEN BY THESE PRESENTS: Q W Cn 4�;r�E CIRCA: ti •+ rf.M �J 11/2 11.921; 3 3 11:25:36 AM Filed d Recorded in Official Records of CAROLYN 5TALEY PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $41.00 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 49, 50, 373, 380, 381, 388, 389, AND PART OF PART OF TRACTS 51, 62, 63, 64, 65, 661 371, 372, 379, 382, 387, 390; 395, 396, 397, 398, 406, 407, 408, 410, 411, 422, 423, 426 AND 427, DAIRY FARM ADDITION AND PART OF TRACTA, BLOCK 13, THE VILLAGES OF WELLINGTON, LITTLE ROCK, ARKANSAS MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHERNMOST CORNER OF LOT 55, BLOCK 15, THE VILLAGES OF WELLINGTON; THENCE N36004'45"E ALONG THE EAST LINE OF SAID LOT 55, 128.60 FT. TO THE NORTHWEST CORNER OF SAID TRACT 50, DAIRY FARM ADDITION; THENCE S88°32'41"E ALONG THE NORTH LINE OF SAID TRACT 50 AND ALONG THE NORTH LINE OF TRACT 49, SAID DAIRY FARM ADDITION, 619.49 FT. TO THE SOUTHWEST CORNER OF TRACT 381, SAID DAIRY FARM ADDITION; THENCE N01 028'38"E ALONG THE WEST LINE OF SAID TRACT 381, 132.48 FT. TO THE NORTHWEST CORNER THEREOF; THENCE N01 025'07"E ALONG THE WEST LINE OF TRACTS 380, 373 AND 372, SAID DAIRY FARM ADDITION, 388.42 FT.; THENCE S87031'38"E, 359.70 FT. TO A POINT ON THE WEST LINE OF LOT 30R, BELLE POINTE, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE S10058'36"E ALONG SAID WEST LINE, 17.80 FT. TO THE SOUTHWEST CORNER OF LOT 29R, SAID BELLE POINTE ADDITION; THENCE S37008'55"E ALONG THE SOUTHWESTERLY LINE OF SAID LOT 29R, 27.97 FT.; THENCE S01023'01"W, 475.77 FT. TO A POINT ON THE SOUTH LINE OF TRACT 382, SAID DAIRY FARM ADDITION; THENCE S26027'33"E, 826.50 FT.; THENCE S39°05'19"E, 268.29 FT.; THENCE S26034'39"W, 119.44 FT. TO A POINT THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -1- ON THE SOUTH LINE OF TRACT 427, SAID DAIRY FARM ADDITION; THENCE N88°09'28"W ALONG SAID SOUTH LINE, 186.27 FT. TO THE SOUTHEAST CORNER OF TRACT A, BLOCK 13, THE VILLAGES OF WELLINGTON; THENCE NORTHWESTERLY ALONG THE EAST LINE OF SAID TRACT A THE FOLLOWING: (1) N26010'59"W, 111.69 FT.; (2) N71°59'15"W, 210.85 FT.; (3) N21°55'12"W, 384.78 FT.; (4) N27°26'34"W, 70.85 FT.; (5) N43-33'18"W, 69.87 FT.; (6) N49057'37"W, 170.00 FT., (7) N73°29'40"W, 37.62 FT.; (8) N88"55'36"W, 73.16 FT. AND (9) N18°55'38"W, 129.55 FT.; THENCE N88025'06"W, 244.75 FT.; THENCE WESTERLY ALONG THE ARC OF A 175.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N86°59'06"W, 8.75 FT, TO A POINT ON THE WEST LINE OF SAID TRACT 1, BLOCK 13; THENCE S01030'50"E ALONG SAID WEST LINE, 24.22 FT. TO THE NORTHERNMOST CORNER OF LOT 23, BLOCK 13, THE VILLAGES OF WELLINGTON, THENCE S52036'26"W ALONG THE NORTHWESTERLY LINE OF SAID LOT 23, 79.83 FT, TO THE NORTHERNMOST CORNER OF LOT 24, SAID BLOCK 13; THENCE S38'59'21"W ALONG THE WEST LINE OF SAID LOT 24, 26.35 FT. TO THE EASTERNMOST CORNER OF LOT 8, BLOCK 15, THE VILLAGES OF WELLINGTON; THENCE N54°48'10"W, ALONG THE NORTH LINE OF SAID LOT 81 EXTENDED 197.38 FT. TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF WELLINGTON PLANTATION DRIVE; THENCE S35011'50"WALONG SAID WEST RIGHT- OF-WAY LINE, 19.34 FT. TO THE NORTHEAST CORNER OF LOT47, SAID BLOCK 15; THENCE N54°48'10"WALONG THE NORTH LINE OF SAID LOT 47, 138.10 FT. TO THE POINT OF BEGINNING, CONTAINING 17.0909 ACRES MORE OR LESS. WHEREAS, it is deemed desirable that all of the above described property be ,ubdivided into building lots, tracts, and streets as shown on the plat filed in conjunction vith this Bill of Assurance; and WHEREAS, the aforementioned property is part of the real property which is subject ;o 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- D43733, which Declaration of Covenants and Restrictions, as amended, establishes a community of common facilities and amenities known as The Villages of Wellington; and THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -2- WHEREAS, it is deemed desirable that all of the above described property be abdivided, held, owned and conveyed subject to the covenants and restrictions contained The Declaration of Covenants and Restrictions, as amended, and subject also to the asements, reservations and restrictions shown on the Plat which is filed in conjunction erewith, and subject also to the protective covenants contained in this bill of assurance i order to enhance the value of such property. NOW, THEREFORE, Developer has caused the Property to be surveyed by White - caters & Associates, Inc., Registered Land Surveyors, and a plat thereof made which is ientified by the title The Villages of Wellington, an Addition to the City of Little Rock, ,rkansas, and the date 2003, and said plat bears the signature of the aid Land Surveyor and the said Developer, and bears a Certificate of Approval executed y the -Little Rock -Planning Commission and is of record in the Office Of the Circuit Clerk ,nd Recorder of Pulaski County, Arkansas, in Plat Book G�3 12 , and Developer does iereby make this Bill of Assurance applicable to such Property. Developer does hereby certify that it has laid off, platted and subdivided, and does iereby lay off, plat and subdivide said real estate as The Villages of Wellington, an kddition to the City of Little Rock, Pulaski County, Arkansas, and each and every deed of ;onveyance for any lot or tract in said Addition describing the same by the number or lumbers 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 ,treets 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, ncluding 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 -he 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 THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -3- 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-,-cstabli-sbing-The-\/-iUage�efWellington.--Iw-addition,t-he-following-Go--venants-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 THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -4- 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 --r ---evenants-nd-R-estr-ic-tion�as-arnended 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 AVENUE, 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. 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 ---s-iaH-be-ob4gated-t�repaif,—maint-ain oor-replac-e thatpa#-0f-a private-df+veway-abut ing4hat--- 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. ENFORCEMENT. In the event of any attemptto 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 THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -6- 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 Jcth day of nio ✓e e , 2003. WINROCK DEVELOPMENT COMPANY By 7Lc.>:''2"'a Russell B. McDonough, Jr., Pres'dent ATTEST: Janette Y. Vfilliamson, Assistant Secretary Wo-vad cnhy for inclus?on o€ minimum standards if by the City of little Roc( subdivision rsgulatiom, Bill of Assurance wovi`innn, established ty L�0 ieveloper may ex=ad ^'n,,:P,at 0n3 at th^ Little Rack subdivision and zoning ordinances. t L � 7) City of 'ttia Rock Plarsning mrnission THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -7- STATE OF ARKANSAS ss. COUNTY OF PULASKI On this 10tv` day of nyytx,, ).,t - , 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 Janette Y. Williamson, to me well known, who stated that they were the President and Assistant 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. n . � � rj� Notary Public My commission expires: MF-DA N. HARGROVE NOTARY PUBLIC - ARKANSAS FALJLKNF-R COUNTY M Carnmisamn Ex tress 4 -12 - 2012 THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -8- Cityof Lit le Rock Civil Engineering Division �. Department of 701 West Markham Public Works Little Rock, Arkansas 72201-1300 ��i� 371-4811 Fax 371-4460 CIVIL E eAl RESPONSE THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE BEEN SATISFIED. APPROVAL FOR FILING OF THIS PLAT CAN BEISSUED 1%i 1 (Qgrs n^r 1 5 ?- ¢� 6 - /$ V SIGNED BY ENGINEER SIGNED BY SUR SIGNED BY 911 ADDRESS COORDINATOR DXF. DISKETTE PLAT D DXF DISKETTE STORM DRAIN N- REMARKS W0�� 141de/o R City of Little Rock Planning and Development Filing Fees Date: , 20 Q 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 ;Z— at_a!S::e-a. $_ ` Public Hearing Signs Number at ea. $ Total ( n $ File No. Location 6 ��- nnlirVOMt 4-1 S- )A