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HomeMy WebLinkAboutS-1042-MM Application1�Sa u PLAT AND BILL OF ASSURANCE THE VILLAGES OF WELLINGTON LOTS 1 THROUGH 35, BLOCK 21 TRACTS A AND B, BLOCK 21 WINROCK DEVELOPMENT COMPANY TO THE PUBLIC KNOW ALL MEN BY THESE PRESENTS: 200 505675- 07/U7/2095 11:17:46r Flied & Recorded ifl Official Records of PAT O'BRIEN 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, LITTLE ROCK, PULASKI COUNTY, ARKANSAS INCLUDING PART OF TRACTS 86, 87, 90, 91, 102, 103, 106, 107, 118, 119, 122, 123, 134, 135, 138, 139, 150, 151, 154 AND 155 OF DAIRY FARM ADDITION, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF TRACT D, BLOCK 22, THE VILLAGES OF WELLINGTON, LITTLE ROCK, ARKANSAS, SAID CORNER LYING ON THE SOUTH RIGHT-OF-WAY LINE OF WELLINGTON VILLAGE ROAD; THENCE N69111'33"E ALONG SAID SOUTH RIGHT-OF-WAY LINE, 6.25 FT.; THENCE EASTERLY CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE BEING THE ARC OF A 420.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N81052'44"E, 184.47 FT.; THENCE S85026'11"E AND CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE, 112.69 FT.; THENCE S01052'13"W, 1154.70 FT.; THENCE N88007'47"W, 300.00 FT. TO THE SOUTHEAST CORNER OF LOT 20, SAID BLOCK 22, THE VILLAGES OF WELLINGTON; THENCE N01052'13"E ALONG THE EAST LINE OF LOTS 20 THROUGH 32 AND TRACT D, SAID BLOCK 22, 1125.58 FT. TO THE POINT OF BEGINNING, CONTAINING 7.9400 ACRES MORE OR LESS. THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 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 -2 of Pulaski County, Arkansas, in Plat Book N-38g , 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 3- 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 THIS INSTRUMENT PREPARED BY SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -4- 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 five feet in width. 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 -5- 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 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. No part of Tracts A and B, Block 21, may be used by motor vehicles of any kind, and no part of Tracts A and B, Block 21, may be used or traversed for vehicular access to any property, lots, or streets which adjoin Tracts A and B, Block 21. Nothing herein shall restrict or limit the nonexclusive right of members of The Villages of Wellington Community Association, Inc. to use Tracts A and B, Block 21, 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 Tracts A and B, Block 21. 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. THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -6- 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. 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 7 Executed this t4o'0' day of v .2005. WINROCK DEVELOPMENT COMPANY By. Russell B. McDonough, Jr., President ATTEST: Rita I. Jewitt, Assistant Secretary ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF PULASKI On this bl`� day of Tj , 2005, before me, a notary public, duly commissioned, qualified and acting within and forthe�state aforesaid, appeared in person Russell B. McDonough, Jr. and Rita I. 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, year aforesaid. M E D A N. 'd1. JtiG4��E NOTARY PUBLIC -A FAULKNER COUNT' My Commission E fres: 4 -12 - 2012 My commission expires: + - 12. -Lo lL THIS INSTRUMENT PREPARED BY have hereunto set my hand and seal the day and NOTARY PUBLIC SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -8- Reviewed only for inclusion of minimum standards required by the City of Little Rock suMvision regulations Bill of Assurance provisions established by f""c� developer may exceed minimurn regulations of the e4Ae Rock subdivision and zoning ordinanceo- 1of Little Rock Planning Commission CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: _THE VILLAGES OF WELLINGTON L-1-35, B-21, T- A&B B-21 0 l2A PEE) 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 reviewed 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. ✓ All other requirements for final plat approval have been satisfied. Civil Engineer I/II SURVEYOR'S REPORT I have reviewed the plat and find that: b� All requirements for final plat approval have been satisfied. Surveyor MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. October 2004 City of Little Rack ' Planning and Development Filing Fees Date: Annexation Board of Adjustments a Cond. Use Permit/T.U.P. $ Final Plat $ l �`'e��✓ _ Planned Unit Dev. $ Preliminary Plat $ Special Use Permit $ Rezoning $ Site Plans $ Street Name Change $ Street Name Signs Number i at '76 ea. $ Public Hearing Signs Number at ea. $ Total $ File No. Location v Li9-UL— �J Appli, By