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Home My WebLink AboutS-1042-RR ApplicationPLAT AND BILL OF ASSURANCE THE VILLAGES OF WELLINGTON LOTS 1 THROUGH 14, BLOCK 22, LOTS 48 THROUGH 65, BLOCK 23, TRACT D, BLOCK 23 LOTS 1 THROUGH 9, BLOCK 24 WINROCK DEVELOPMENT COMPANY TO THE PUBLIC KNOW ALL MEN BY THESE PRESENTS: 2007025365 04/02/2007 03:12:51 PM Filed & Recorded in Official Records of PAT O'BRIEN PULA5KI COUNTY CIRCUIT/COUNTY CLERK Fees $44.00 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 ALL OF TRACTS 187,198, 203, 214 AND PART OF TRACTS 154, 155, 166, 167, 170, 171, 172, 180, 181, 182, 183, 186, 188, 189, 197, 199, 202, 204, 213, 215, 218, 219, 220, 230, 231, 234, 235, 246, AND 247 OF DAIRY FARM ADDITION, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 19, BLOCK 22, THE VILLAGES OF WELLINGTON, LITTLE ROCK, ARKANSAS, THENCE S88 ° 07'47"E ALONG THE SOUTH LINE OF LOT 20, SAID BLOCK 22 AND ALONG THE SOUTH LINE OF LOTS 16, 17, 18 AND 19, BLOCK 21, SAID THE VILLAGES OF WELLINGTON, 320.00 FT. TO THE SOUTHEAST CORNER OF SAID LOT 18, BLOCK 21; THENCE S01052'13"W, 130.00'; THENCE S88007'47"E, 5.00'; THENCE EASTERLY ALONG THE ARC OF A 125.00' RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N89025'15"E, 10.68'; THENCE S03005'31"E, 50.00'; THENCE S01052" 3"W, 138.76'; THENCE S 88007'47"E, 228.48'; THENCE N69048'11 "E, 322.86' TO THE NORTHWEST CORNER OF LOT 45, BLOCK SAID THE VILLAGES OF WELLINGTON, THENCE SOUTHERLY AND WESTERLY ALONG THE REAR LINE OF LOTS 45 THROUGH 43, LOTS 38 THROUGH 34 AND LOTS 31 THROUGH 26, SAID BLOQK••1-'I••TH1,E 0,0 THIS INSTRUMENT PREPARED BY: v '= • �� -� SHULTS LAW FIRM, LLP LLJj"�i y; • �'� -)3 200 WEST CAPITOL AVENUE, SUITE 1600 - ,{g ■" LITTLE ROCK, ARKANSAS 72201-3637 1 , ;c• U3 ••, �a�rvrY ; �R .. FOLLOWING: (1) S14°31'16"E, 259.15'; (2) N78118'30"W, 168.61'; (3) S49019'56"W, 109.27'; (4) S21106'11"W, 109.04'; (5) S11031'35"E, 260.53'; (6) S36028'07"W, 239.52'; (7) S26148'19"W, 224.79' AND (8) S10°07'40"E, 98.95'; THENCE S79103'15"W, 103.22'; THENCE S83139'25"W, 176.16.1 THENCE N01033'15"E, 50.07'- THENCE N87032'52"W, 53.13'; THENCE N01052'13"E, 512.19'; THENCE N05037'15"W, 46.77'; THENCE N34006'54"W, 176.26'; THENCE N17103'45"W, 108.91'; THENCE N01052'13"E, 358.00' TO THE NORTHEAST CORNER OF LOT 1, BLOCK 25, SAID THE VILLAGES OF WELLINGTON; THENCE N88107'47"W ALONG THE NORTH LINE OF SAID LOT 1, 35.00' TO A POINT ON THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 19, BLOCK 22; THENCE N01152'13"E ALONG SAID EAST LINE, 180.00' TO THE POINT OF BEGINNING, CONTAINING 15.4597 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 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, and the date November, 2006, 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 I-010, 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 THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 3- 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 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. 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 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 1 through 14, Block 22, Lots 48 through 65, Block 23, or Lots 1 through 9, Block 24 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. The minimum roof pitch on all such residences shall be 10/12. 4. ARCHITECTURAL CONTROL. All sides of any residence shall be brick, stone, stucco or other approved masonry material. 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. THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 5- 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 on Lots 1 through 14, Block 22, or Lots 48 through 65, Block 23, or Lots 1 through 9, Block 24. 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. 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 - Tract D, Block 23. No part of Tract D, Block 23, may be used by motor vehicles of any kind, and no part of this Tract 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 this Tract. Nothing herein shall restrict or limit the nonexclusive right of members of The Villages of Wellington Community Association, Inc. to use this Tract 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. THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 6 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, 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. THIS INSTRUMENT PREPARED BY SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -7 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. Executed this 301h day of fwa"'Crk 2007. ATTEST: Rita I. Jewitt, 'J Assistant Secretary STATE OF ARKANSAS ) ss. COUNTY OF FAULKNER ) WINROCK DEVELOPMENT COMPANY Dougla McNei1; Executi� Viob Presiden Revievred only for inclusion of minimum standards required Ly the Cihj of Li-.',- Rock, se'. -division rcgu!-tiors. Bill cf Assurar.c) p-ovisicr;� cst?b!ishe:i I-.! developer may excscd nir... ,_., rcguic1icn3 ci Little Roc: subdivision and zoning ordiranca3. v of Little Rack Planninn Commission On this 3014% day of gUACIA , 2007, 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 Rita I. Jewitt, to me well known, who stated that they were THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -8- the Executive Vice 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. Notary Public My commission expires: MEDA N. HARGROVE NOTARY PUBLIC - ARKANSAS FAULKNER COUNTY Comr asion Ex ices; d -12 - 2012 THIS INSTRUMENT PREPARED BY: SHULTS LAW FIRM, LLP 200 WEST CAPITOL AVENUE, SUITE 1600 LITTLE ROCK, ARKANSAS 72201-3637 -9- CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME THE VILLAGES OF WELLINGTON L-1-14,B-22,L-48-65,B-23,L-1-9,B-24,TRACT24 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 and a punch list has been prepared and sent. ` Engineering Specialist Date: 3 24 O i ADDRESSING SPECIALIST'S REPORT I ave re `e e p d th the street names and street configuration are acceptable. Addressing Specialist Date: TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. Work orders have been prepared for signage. Indicate the number of street signs ordered for this plat for billing to developer: Certain improvements remain uncompleted and a punch list has been prepared and sent. raffic Engineer Date: 4/1Z/LOV CIVIL 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. e2> Civil Engineer I/II Date: SURVEYOR'S REPORT I have reviewed the plat and find that: d GC All requirements for final plat approval have been satisfied. Z)_ Surveyor Date: MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. c�...`. _ Date: 'q12ilid Design Review Engineer/Civil Engineering Manager July 2005 City of Little.Rock Planning and Development ' Filing Fees Date: I 20 _ 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 ?. at `?17ea. $ �- Public Hearing Signs Number at ea. $ Total $ File No. �}� Location V JJ-0-1 r " Applicant fit, By