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HomeMy WebLinkAboutS-1042-FF ApplicationCity of Littie Rock ^� Civil En ineennivision �� 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 cs GUe llo M -/o L- 62-7 j 8-I5 Z-/5 L- G-zzL4'I- 7taa F fj-!¢+ L-//- 0 7t L 63- zd zdVSIGNED BY ENGINEER r SIGNED BY SURVEYOR , SIGNED BY 911 ADDRESS COORDINATOR DXF. DISKETTE PLAT N e L o DXF DISKETTE STORM DRAIN Neea REMARKS 2004045899 06/08/2004 03:18:38 PM Filed & Recorded in Official Records of CARggO��LYN STALEY KI COUNTY PLAT AND BILL OF ASSURAP IT/COUNTY CLERK THE VILLAGES OF WELLINGTONS44•00 LOTS 62 THROUGH 70, BLOCK 15 TRACT A, BLOCK 15 LOTS 6 THROUGH 22, BLOCK 18 LOTS 1 THROUGH 13, BLOCK 19 TRACT B, BLOCK 19 LOTS 11 THROUGH 19, BLOCK 20 TRACT C, BLOCK 20 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 SECTION 31, T-2-N, R-13-W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS, BEING ALL OF TRACTS 38, 43, 44, 53, 54, 59, 60, 69, 70, 75, 76 AND PART OF TRACTS 39, 42, 45, 52, 52, 58, 61, 68, 71, 74, 77, 84, 85, 86, 87, 92 AND 93, DAIRY FARM ADDITION, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NORTHERNMOST CORNER OF LOT58, BLOCK 15, THE VILLAGES OF WELLINGTON, LITTLE ROCK, ARKANSAS; THENCE S00°26'53"e ALONG THE WEST LINE OF SAID LOT 58 AND ALONG THE WEST LINE OF LOT 59, SAID BLOCK 15, 230.95 FT.; THENCE S24044'38"WALONG THE WEST LINE OF SAID LOT 59AND ALONG THE WEST LINE OF LOTS 60 AND 61, SAID BLOCK 15, EXTENDED 243.27 FT. TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELLINGTON PLANTATION LANE; THENCE SOUTHEASTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE BEING THE ARC OF A 478.64 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S58°09'00"E, 13.81 FT. TO THE NORTHWEST CORNER OF LOT 1, BLOCK 18, THE VILLAGES OF WELLINGTON; THENCE S31 °01'25"WALONG THE WEST LINE OF SAID LOT 1, 144.53 FT. TO THE SOUTHWEST CORNER THEREOF; THENCE S66047'35"E ALONG THE SOUTH LINE OF SAID LOT 1 AND ALONG THE SOUTH LINE OF LOTS 2 AND 3, SAID BLOCK 18, 235.25 FT. TO THE NORTHWEST CORNER OF LOT 5, SAID BLOCK 18; THENCE S24°31'52"W ALONG THE WEST LINE OF SAID LOT 5 EXTENDED, 192.36 FT. TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELLINGTON VILLAGE ROAD; THENCE NORTHWESTERLY ALONG THE ARC OF A 970.00 FT. RADIUS CURVE TO THE LEFT, A THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 1 CHORD BEARING AND DISTANCE OF N75027'09"W, 336.33 FT.; THENCE N85026'11"W, 504.84 FT.; THENCE WESTERLY ALONG THE ARC OF A 420.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S89043'57"w, 70.75 FT.; THENCE N05005'55"W, 60.00 FT.; THENCE EASTERLY ALONG THE ARC OFA480.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N87053'12"E, 50.00 FT.; THENCE N19°55'55"W, 41.88 FT.; THENCE N42046'21"W, 102.44 FT.; THENCE N26°39'28"W, 144.39 FT.; THENCE N04°25'20"W, 317.70 FT.; THENCE N09°04'09"E, 58.75 FT.; THENCE N80°55'51"W, 20.54 FT.; THENCE N09°04'09"E, 201.73 FT. TO A POINT ON THE NORTH LINE OF SAID TRACT 39, DAIRY FARM ADDITION; THENCE S88°24'31"E, ALONG SAID NORTH LINE AND ALONG THE NORTH LINE OF SAID TRACT 38, DAIRY FARM ADDITION, 562.83 FT. TO THE NORTHEAST CORNER OF SAID TRACT 38; THENCE S01°45'02"W ALONG THE EAST LINE OF SAID TRACT 38, 128.31 FT. TO THE SOUTHEAST CORNER THEREOF; THENCE S88032'08"E ALONG THE NORTH LINE OF SAID TRACTS 44 AND 45, DAIRY FARM ADDITION 475.13 FT. TO THE POINT OF BEGINNING, CONTAINING 18.9637 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 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 THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -2- 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, Little Rock, Arkansas, Part of Section 31, T-2-N, R-13-W, and the date April, 2004, 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_, 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 THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -3- 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 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. On Lots 1 through 13, Block 19, and Lots 11 through 19, Block 20, 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 forty-eight (48) feet. No lot shall be subdivided without written consent of Developer and of the Little Rock Planning Commission first had and obtained. On Lots 62 through 70, Block 15, and Lots 6 through 22, Block 18, 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. THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -4- 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 forthe 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. Parts of said property platted hereby and designated as Tract A, Block 15, Tract B, Block 19, and Tract C, Block 20, shall be used as "Common Properties," for installation and maintenance of recreation facilities, landscaping, utilities, and other related purposes. These Tracts 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 Lots 1 through 13, Block 19, or Lots 11 through 19, Block 20, platted hereby unless the heated area thereof, exclusive of porches, patios, garages, and breeze ways, shall be at least 2,000 square feet for single - story residences and 2,200 square feet for two-story or split-level residences. A minimum roof pitch of 10/12 is required on all principal residential structures. No principal residential structure shall be constructed or permitted to remain on any of Lots 62 through 70, Block 15, and Lots 6 through 22, Block 18, 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 THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -5- or split-level residences. A minimum roof pitch of 10/12 is required on all principal residential structures. 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 five feet in width on Lots 1 through 13, Block 19, or Lots 11 through 19, Block 20. 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 twenty (20) feet. 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 on Lots 62 through 70, Block 15, and Lots 6 through 22, Block 18. 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 1 through 13, Block 19, will be provided with water service from Central Arkansas Water West Markham Gradient. Lots 6 through 22, Block 18, and Lots 62 through 70, Block 15, will be provided THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -6- with water service from Central Arkansas Water Highland Ridge Gradient. 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 "A". No part of Tract A, Block 15, Tract B, Block 19, or Tract C, Block 20, may be used by motor vehicles of any kind, and no part of these Tracts may be used or traversed for vehicular access to any property, lots, or streets which adjoin these Tracts. No vehicle, boat, trailer, or other property may be parked or stored on any part of these Tracts. Nothing herein shall restrict or limit the nonexclusive right of members of The Villages of Wellington Community Association, Inc. to use these Tracts 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 these Tracts. 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. 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 THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -7- 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. 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 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. THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -8- Executed this 7 day of ATTEST: Gary Ca ett, Secretary VrJIE 2004. WINROCK DEVELOPMENT COMPANY B _ Dou s J. cNei Exe uti ice President Reviewed only for indu,ion cf minimum standards ACKNOWLEDGMENT requ'reu by the City of UrJe Rccl subdivision ro4ela:ions. 13ii! of Assurance provision; established by the developer m4y exw-3d a�inim4ra rW�c'.uacnw eI t"o Uttle Rock subdivision and zoning crdinances. STATE OF ARKANSAS ) ss. COUNTY OF PULASKI ) CitYofLittleR ni Ccmmission On this #]A_ day o2004, before me, a notary public, duly commissioned, qualified and acting within and for the county and state aforesaid, appeared in person Douglas J. McNeil and Gary Catlett, to me well known, who stated that they were the Executive Vice 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, vear aforesaid. JANETTE Y. WILLIAMSON NOTARY PUBLIC - ARKANSAS PULASKI COUNTY M Comrni8slonEx iras, 12Z.24-2009 My commission expires: "%M VN VIIZHIi•I0211-9»4_vaaQ YA SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 I have hereunto set my hand and seal the day and . ICJ NOTARY PUBLICIJ ME City of Little Rock Planning and Development Filing Fees Date: L , 20 Annexation $ Board of Adjustment $ Cond. Use Permit/T.U.P. $ Final Plat $ UW -ice Planned Unit Dev. $ Preliminary Plat Special Use Permit s $ Rezoning Site Plans •, �U� $ �t r Street Name Change Street Name Signs Number at ea. $ Public Hearing Signs Number at ea. $ Total $ t[ File No. '5— IC)Qa — Location z�) Applicant 1]� By