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HomeMy WebLinkAboutS-1042-HH Application2004100 501 12/08/2004 83:5224 PM Filed & Recorded in Official Records of CAROLYN STALEY PLAT AND BILL OF ASSURAACT/OUNTY CLERK THE VILLAGES OF WELLING f W41.ee LOTS 14 THROUGH 27, BLOCK 19 LOTS 1 THROUGH 10, BLOCK 20 WINROCK DEVELOPMENT COMPANY � ' r ti.. •. r THE PUBLIC KNOW ALL MEN BY THESE PRESENTS: � �.,,,� NTY, ,,,•� That Winrock Development Company, hereinafter called ❑evelol5'or III 16e 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 40,41,56,57,72 AND PART OF TRACTS 3.9, 42, 55, 58, 71`, 74, 87, 88, 89, AND 90, DAIRY FARM ADDITION, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF LOT 13, BLOCK 19, THE VILLAGES OF WELLINGTON, LITTLE ROCK, ARKANSAS; THENCE S09004'09"W ALONG THE WEST LINE OF SAID LOT 13, EXTENDED, 201.73 FT. TO A POINT ON THE SOUTH RIGHT-OF- WAY LINE OF BRISTOL COURT; THENCE S80055'51"E ALONG SAID SOUTH RIGHT-OF- WAY LINE, 20.54 FT. TO THE NORTHWEST CORNER OF LOT 11, BLOCK 20, SAID THE VILLAGES OF WELLINGTON; THENCE S09004'09"W ALONG THE WEST LINE OF SAID LOT 11, 58.75 FT.; THENCE S04025'20"E CONTINUING ALONG SAID WEST LINE AND ALONG THE WEST LINE OF LOTS 12, 13, 14, AND 15, SAID BLOCK 20 317.70 FT.; THENCE S26039'28"E CONTINUING ALONG THE WEST LINE OF SAID LOT 15 AND ALONG THE WEST LINE OF LOTS 16 AND 17, SAID BLOCK 20, 144.39 FT.; THENCE S42046'21"E CONTINUING ALONG SAID WEST LINE OF LOT 17 AND ALONG THE WEST LINE OF LOT•18-,•SAID BLOCK 20, 102.44 FTTO THE NORTHWEST CORNER OF LOT 19; SAID BLOCK 20; THENCE S19055'55"E ALONG THE WEST LINE OF SAID LOT 19, 41.88 FT. TO THE SOUTHWEST CORNER THEREOF; SAID CORNER LYING ON THE NORTH RIGHT-OF-WAY LINE OF WELLINGTON VILLAGE ROAD; THENCE WESTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE BEING THE ARC OF A 480.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING A DISTANCE OF S87053'12"W, 50.00 FT.; THENCE S05005'55"E, 60.00 FT. TO A POINT ON THE SOUTH RIGHT-OF- WAY LINE OF WELLINGTON VILLAGE ROAD; THENCE SOUTHWESTERLY ALONG THE ARC OF A 420.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -1- DISTANCE OF S77002'49"W, 114.79 FT; THENCE S6.9011'33"W, 112.77 FT.; THENCE N20048'27"W, 60.00 FT.; THENCE N69011'33"E, 6.43 FT.; THENCE N2004827"W, 130.00 FT.; THENCE S69011'33"W, 167.32 FT. TO A POINT ON THE WEST LINE OF SAID SECTION 31; THENCE N01°52'27"E ALONG SAID WEST LINE, 129.41 FT. TO THE SOUTHWEST CORNER OF THE NW1/4 NW1/4, SAID SECTION 31; THENCE N01057'51"E ALONG THE WEST LINE OF SAID NW1/4 NW1/4, 707.15 FT. TO THE NORTHWEST CORNER OF SAID TRACT 40, DAIRY FARM ADDITION; THENCE S88024'31"E ALONG THE NORTH LINE OF SAID TRACT 40 AND ALONG THE NORTH LINE OF SAID TRACT 39, DAIRY FARM ADDITION, 299.11 FT. TO THE POINT OF BEGINNING, CONTAINING 6.5983 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 AVENUE, 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 XI B, an addition to the City of Little - Rock, Arkansas, and the date October, 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. THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -3- 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 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 THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -4- 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 lots 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. 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 THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -5- five feet in width. 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 centerlide 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 72201-3637-6- 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. THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -7- Executed this 9 k day of ATTEST: nette Y. WI iamson, Assistant Secretary STATE OF ARKANSAS COUNTY OF PULASKI 2004. WINROCK DEVELOPMENT COMPANY 002 Russell B. McDonough, Jr., President V ACKNOWLEDGMENT ss. On this 9-tt-- day of , 2004, 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 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. MEDA.`:',:- `,•IZGROVE NOTARY PUBLIC - ARKANSAS FAULKNER COUNTY M Com missicn Expires: 4 -12 - 2012 y commission expires: 4 -1-L-2-0 11. THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 yf\a&-&- -)"\ . �4 �g NOTARY PUBLIC Reviewed Only for inclusion of minimum standards requirea by the C" y of little Rock subdivision regulations. Bill cf povisior:s cotablished by th- develop-cr —ay exc3ed minimum regulaticrw Of tho Rock subdivision and zoning ordinan�a. 1gple) $' City o ittle Rock Planning Commission CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: THE VILLAGES OF WELLINGTON LOTS 14-27 BLOCK 19 LOTS 1-10 BLOCK 20 _ INSPECTOR REPORT I have made a final inspection of the improvements and find that: All improvements shown on construction drawings for the development are constructed and in conformance with City requirements/standards. Certain Improvements remain uncompleted as follows: SPI LLW /k Y NEED O *JAL- pA"J" f- CA -IA, c f T / n% i� LSE-f�iJ-rl o� / Q30 ENGINEER REPORT I have reviewed the file for this matter and find that: Engineering Specialist ✓ The maintenance bond has been submitted and it is the proper type and amount. Financial assurance for the uncompleted improvements listed above has been received. ✓ All other requirements for dal plat approval have been satisfied. Civil Engineer I/II SURVEYOR'S REPORT I have reviewed the plat and find that: All re ements for final plat approval have been satisfied. O Surveyor MANAGER APPROVAL All Civ ineerin quire e is for filing this final plat have been satisfied. Design Review Engineer/Civil Engineering Manager October 2004