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Home My WebLink AboutS-1042-KK Application20050-45113 05/27/2805 01:38:18 Rai Filed & Recorded in Official Records of PAT O' BRIEN PLAT AND BILL OF ASSURANgg"' COUNTY UIT/COUNTY CLERK THE VILLAGES OF WELLINGTON $44.00 LOTS 2 THROUGH 23, BLOCK 8 TRACT A, BLOCK 8 LOTS 5 THROUGH 11, BLOCK 10 TRACT E, BLOCK 10 WINROCK DEVELOPMENT COMPANY TO THE PUBLIC KNOW ALL MEN BY THESE PRESENTS: 0 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 442, 454, 455, 460, 477 And Part Of Tracts 113, 128, 425, 440, 441, 443, 444, 452, 453, 456, 457, 458, 459, 461, 467, 468, 469, 470, 476 AND 478 of DAIRY FARM ADDITION, PULASKI COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF TRACT B, THE VILLAGES OF WELLINGTON, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, SAID CORNER LYING ON THE SOUTH LINE OF LOT 6, BLOCK 13, SAID THE VILLAGES OF WELLINGTON; THENCE N70036'10" E ALONG THE SOUTH LINE OF SAID LOT 6 AND ALONG THE SOUTH LINE OF LOTS 7, 8 AND 9, SAID BLOCK 13, 260.02 FT. TO THE SOUTHEAST CORNER OF SAID LOT 9; THENCE N57011'57"E ALONG THE SOUTH LINE OF LOTS 10, 11 AND 12, SAID BLOCK 13, 217.70 FT. TO A POINT ON THE WEST LINE OF TRACT A, SAID BLOCK 13; THF[ICE S19`65'17"E ALONG SAID WEST LINE, 130.53 FT. TO THE .-.jI<THWEST CORNER OF TRACT 439, SAID DAIRY FARM ADDITION; THENCE S00011'39"W ALONG THE WEST LINE OF SAID TRACT 439, 129.21 FT. TO THE SOUTHWEST CORNER THEREOF; THENCE S88006'48"E ALONG THE SOUTH LINE OF SAID TRACT 439 AND ALONG THE SOUTH LINE OF TRACT 438, SAID DAIRY FARM ADDITION, 552.32 THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -1 = i .X, FT.; THENCE S65°56'24"E 626.62 FT.; THENCE S39°04'48"E, 544.28 FT. TO THE NORTHEAST CORNER OF LOT 261, ST. CHARLES ADDITION, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THENCE N88009'28"W ALONG THE NORTH LINE OF SAID LOT 261 AND ALONG THE NORTH LINE OF LOT 262, SAID ST. CHARLES ADDITION, THE NORTH LINE OF BLOCK 4, NEIMEYER GROVE ADDITION, PULASKI COUNTY, ARKANSAS AND THE NORTH LINE OF LOT 268, SAID ST. CHARLES ADDITION, 599.26 FT. TO THE NORTHEAST CORNER OF LOT 269, SAID ST. CHARLES ADDITION; THENCE N59°35'54"W ALONG THE NORTH LINE OF SAID LOT 269, 96.97 FT. TO THE NORTHWEST CORNER THEREOF; THENCE N49009'12"W ALONG THE NORTH LINE OF LOT 270, SAID ST. CHARLES ADDITION AND ALONG THE NORTH LINE OF LOT 1, BLOCK 8, SAID THE VILLAGES OF WELLINGTON, 201.56 FT. TO THE NORTHWEST CORNER OF SAID LOT 1- THENCE N59041'47"W, 50.04 FT. TO A POINT ON THE EAST LINE OF LOT 4R, BLOCK 9, SAID THE VILLAGES OF WELLINGTON; THENCE NORTHEASTERLY ALONG SAID EAST LINE BEING THE ARC OF A 200.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N28037'30"E, 30.02 FT. TO THE NORTHEAST CORNER OF SAID LOT 4R; THENCE N59°41'50"W ALONG THE NORTH LINE OF SAID LOT 4R, 121.78 FT. TO THE NORTHWEST CORNER THEREOF; THENCE N68004'12"W ALONG THE NORTH LINE OF LOTS 3R AND 2R, SAID BLOCK 9,124.92 FT.; THENCE N76025'21"W ALONG THE NORTH LINE OF SAID LOT 2R AND ALONG THE NORTH LINE OF LOT 1 R, SAID BLOCK 9,185.03 FT. TO THE NORTHWEST CORNER OF SAID LOT 1 R; THENCE S13°34'39"W ALONG THE WEST LINE OF SAID LOT 1 R, 30.00 FT. TO THE NORTHEAST CORNER OF TRACT C, SAID THE VILLAGES OF WELLINGTON; THENCE N76°25'20"W ALONG THE NORTH LINE OF SAID TRACT C AND ALONG THE NORTH LINE OF LOTS 15, 14, 13 AND 12, BLOCK 10, SAID THE VILLAGES OF WELLINGTON, 376.89 FT.; THENCE N79012'00"W ALONG THE NORTH LINE OF SAID LOT 12, 107.57 FT. TO THE NORTHWEST CORNER THEREOF; THENCE N05051'58"E ALONG THE EAST RIGHT-OF-WAY LINE OF WETHERBORNE DRIVE, 14.26 FT. THENCE NORTHEASTERLY AND CONTINUING ALONG SAID EAST RIGHT-OF-WAY LIEN BEING THE ARC OF A 97.50 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N21 °57'55"E, 54.07 FT.; THENCE N51 °56'09"W, 50.00 FT. TO THE SOUTHEAST CORNER OF SAID TRACT B, THE VILLAGES OF WELLINGTON; THENCE N46°37'53"W ALONG THE NORTHEASTERLY LINE OF SAID TRACT B, 242.49 FT. TO THE POINT OF BEGINNING, CONTAINING 15.0106 ACRES MORE OR LESS. 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 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, an Addition to the City of Little Rock, Arkansas, and the date April, 2005, 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 THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -3- gg of Pulaski County, Arkansas, in Plat Book f 1 / , 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 THIS INSTRUMENT PREPARED BY. SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 4- 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 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 THIS INSTRUMENT PREPARED BY SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -5 other professional builders. A portion of said property platted hereby and designated as Tract A, Block 8 and Tract E, Block 10 shall be used as "Common Properties," for installation and maintenance of recreation facilities, landscaping, utilities, and other related purposes. Tract A, Block 8 and Tract E, Block 10, will be conveyed to The Village 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 platted hereby unless the heated area thereof, exclusive of porches, patios, garages, and breeze ways, shall be at least 3,000 square feet for single -story residences and 3,200 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_ 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 the 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. THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 6- 6. 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. 7. RESTRICTED ACCESS. No part of Tract A, Block 8 and Tract E, Block 10, may be used by motor vehicles of any kind, and no part of Tract A, Block 8 and Tract E, Block 10, may be used or traversed for vehicular access to any property, lots, or streets which adjoin Tract A, Block 8 and Tract E, Block 10. Nothing herein shall restrict or limit the nonexclusive right of members of The Villages of Wellington Community Association, Inc. to use Tract A, Block 8 and Tract E, Block 10, 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 Tract A, Block 8 and Tract E, Block 10. 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 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. THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -7 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, 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. 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 day of 2005. WINROCK DEVELOPMENT COMPANY BY Russell B. McDonough, Jr., President ATTEST: Rita I. Jewett Assistant Secretary THIS INSTRUMENT PREPARED BY SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -8- ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF PULASKI On this �;l-U` day of M , 2005, before me, a notary public, duly commissioned, qualified and actingvWhin and forthe county and state aforesaid, appeared in person Russell B. McDonough, Jr. and Rita 1. Jewitt, 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. My commission expires: Lf-Iz-2-00- . N I -I. OROV " 't3I:'_; - ARKANSAS 0 coliy)iscicn.iJd^If85:- 4. 12-.2012 THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 tea. �• � NOTARY PUBLIC BE Raviewad only for inclusion of minimum standards requirEv by the City of Lille Rock subdivision regula5ons. Bill of Assurance provisions established by t.� developer may o=eed minimum u:stions of the 1- fa R=1 subdivision and zoning ordinances. City •tt-&-Rock Planning- "M—.1n1ssion CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: THE VILLAGES OF WELLINGTON L-2-23, B-8 TRACT —A B-8 L-5-11, 13- 10 TRACT —E B-10 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: Engineering Specialist ENGINEER REPORT I have review the file for this matter and find that: 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. V/ All her req ui ents for final plat approval have been satisfied. - ZZ� Civil Engineer I/II SURVEYOR'S REPORT I have reviewed the plat and find that: oK � All r uirem s for final plat approval have been satisfied. Surveyor -I 7/05 MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. Design Review Engineer/Civil Engineering Manager October 2004 JO v aoc� 40c) b4 its a •G 4-4 o Q, C G Cd Q Ct1 � p (� • N •� N a � y O CA e0 0 bD u z 4) V C-) � v ss9 w) to sOC) 604 644 fioc) fio� rmoq (A 601, coc,� a N Cd C 0 0 p cd z a z Q U C/ pG cn cn Cn 6 w ••