HomeMy WebLinkAboutBill of Assurance 1107221111111111111111111111111111111111111111 2021047835
PRESENTED: 07-09-2021 10:38 55 AM RECORDED: 07-09-202110:46:39 AM
In Official Records of Terri Hollingsworth Circuit/County Clerk
PULASKI CO. AR FEE $60.00
Prepared by: Friday, Eldredge & Clark
400 W. Capitol, Suite 2000
Little Rock, AR 72201
BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, POTLATCHDELTIC REAL ESTATE, LLC (hereinafter called
"PotlatchDeltic"), is the owner of the following property:
PART OF THE S112 OF SECTION 16, T-2-N, R-14-W, LITTLE ROCK, PULASKI
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE EASTERNMOST CORNER OF TRACT A, BLOCK 73, CHENAL
VALLEY, AN ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY,
ARKANSAS, SAID POINT LYING ON THE SOUTHERLY RIGHT OF WAY LINE OF
CHALAMONT DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE
THE FOLLOWING COURSES: (1) ALONG THE ARC OF A 507.47 FOOT RADIUS
CURVE TO THE LEFT, HAVING A CHORD BEARING AND DISTANCE OF
S65°40'57"E, 381.09 FEET; (2) S87'44'11 "E, 182.40 FEET; (3) ALONG THE ARC
OF A 447.47 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CHORD
BEARING AND DISTANCE OF S73' 19'49"E, 222.66 FEET; (4) S58°55'26"E, 210.73
FEET; (5) ALONG THE ARC OF A 507.47 FOOT CURVE TO THE LEFT, HAVING
A CHORD BEARING AND DISTANCE OF S64015'32"E, 94.37 FEET TO THE
NORTHWESTERLY CORNER OF TRACT E, BLOCK 61, CHENAL VALLEY
ADDITION; THENCE ALONG THE WESTERLY LINE OF SAID BLOCK 61 THE
FOLLOWING COURSES: (1) S20°24'21 "W, 148.79 FEET; (2) SO l °31'29"W, 102.39
FEET; (3) S37.40'57"E, 179.62 FEET; (4) S44°39'03 "E, 162,16 FEET; (5)
S55°39'45"E, 81.07 FEET; (6) S12'52'38"W, 49.54 FEET; (7) S60°45'41 "W, 220.52
FEET; (8) S 16028'22"W, 266.28 FEET; THENCE LEAVING SAID WESTERLY LINE
OF BLOCK 61 S75"51'21 "W, A DISTANCE OF 475.54 FEET; THENCE
N77°26'18"W, A DISTANCE OF 551.01 FEET TO THE SOUTHEAST CORNER OF
LOT 59, BLOCK 73, CHENAL VALLEY ADDITION; THENCE ALONG THE
EASTERLY LINE OF SAID BLOCK 73 THE FOLLOWING COURSES: (1)
N07'53'39"E, 76.32 FEET; (2) N00'01'09"W, 172.86 FEET; (3) N26° 10'36"W,
138.27 FEET; (4) N31°50'17"W, 140.87 FEET; (5) N21057'14"E, 150.65 FEET; (6)
N270 16'09"E, 160.00 FEET; (7) N 1 1 °20'35"E, 83.19 FEET; (8) N37°42'49"E, 138.27
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FEET; (9) N 13 °09'48 "W, 131.28 FEET; (10) N42°07'38"W, 204.59 FEET; (11)
N47°52'22"E, 128.00 FEET TO THE POINT OF BEGINNING. CONTAINING
29.9832 ACRES, MORE OR LESS.
Chenal Valley an Addition to the City of Little Rock, Arkansas (the "Corlay Court
Neighborhood"); and
WHEREAS, the Corlay Court Neighborhood is part of the community known as Chenal
Valley and is subject to those certain Covenants and Restrictions filed November 22, 1989 in the
office of the Circuit Clerk of Pulaski County as Instrument No. 89-61706, as amended, (the
"Covenants and Restrictions"); and
WHEREAS, PotlatchDeltic has caused to be incorporated (i) Corlay Court Property
Owners Association, Inc. for the purpose of administering the maintenance of the common area
and amenities in the Corlay Court Neighborhood and (ii) Chenal Valley Property Owners
Association, Inc. for the purpose of administering the maintenance of the common areas and
amenities of Chenal Valley; and
WHEREAS, all owners of lots within the Corlay Court Neighborhood are required to be
members of the Corlay Court Property Owners Association, Inc. as provided for herein and
members of Chenal Valley Property Owners Association, Inc. as provided for in the Covenants
and Restrictions; and
WHEREAS, it is deemed advisable that all of the property shown on the plat hereinafter
mentioned, be subdivided into building lots, tracts and streets as shown on the plat filed herewith
and that said property be held, owned and conveyed subject to the protective covenants herein
contained and in the Covenant and Restrictions in order to enhance the value of the Corlay Court
Neighborhood.
NOW THEREFORE, PotlatchDeltic, for and in consideration of the benefits to accrue to
it, its successors and assigns, which benefits it acknowledges to be of value, has caused to be made
it p •lt towing a survey nude by Marion Scott Foster, Registered Land Surveyor• dated
'71;�VZOZI and bearing a Certificate of Approval executed by the Depalrtrtlent of
Comprehensive Planning ol- the City of Little Rock, and showing the boundaries and din -tensions
of the property now being subdivided into lots, tracts and streets (the "Plat").
PotlatchDeltic hereby donates and dedicates to the public an easement of way on, over and
under the streets and right of way reflected on said Plat to be used as public streets. In addition to
the said streets, there are certain easements for utilities as reflected more particularly on the Plat
which PotlatchDeltic hereby donates and dedicates to and for the use of public utilities ("Public
Utilities") in accordance with further terms and conditions of this Bill of Assurance, the same
being, without limiting the generality of the foregoing, electric power, gas, telecommunications,
water, drainage and sewer, with the right hereby granted to the persons, firms or corporations
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engaged in the supplying of such utilities 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. ALL DRAINAGE EASEMENTS ARE TO REMAIN UNOBTRUCTED,
SEWER EASEMENTS REFLECTED ON THE PLAT MAY BE USED FOR SANITARY
SEWER.
The use of the areas designated on the Plat as Tract A, Block 66, Chenal Valley, an addition
to the City of Little Rock, Arkansas, are hereby donated and dedicated by PotlatchDeltic to the
owners, as they may exist from time to time, of lots within the Corlay Court Neighborhood with
the right, subject to further terms and conditions of the Plat and this Bill of Assurance, to use these
areas for landscaping, pedestrian paths, sidewalk, secondary emergency access, drainage, storm
drains, storm drainage overflow, sanitary sewer easements and a United States Postal Service
Kiosk, and the Corlay Court Property Owners Association, Inc. shall maintain such areas and
improvements, other than the costs and expenses for sanitary sewer, at its sole cost. No
improvements by any party shall be placed on the area designated as Tract A, Block 66, Chenal
Valley, an addition to the City of Little Rock, Arkansas, unless first approved by PotlatchDeltic,
the appropriate agencies of the City of Little Rock, Corlay Court Property Owners Association,
Inc. and the Architectural Control Committee established pursuant to the Covenants and
Restrictions of Chenal Valley.
PRIOR TO THE COMMENCEMENT OF ANY INSTALLATION OF UTILITIES
WITHIN THE UTILITY EASEMENTS REFLECTED ON THE PLAT, THE PUBLIC
UTILITIES MUST SUBMIT WRITTEN PLANS AND SPECIFICATIONS OF THE
PROPOSED IMPROVEMENTS TO THE ARCHITECTURAL CONTROL COMMITTEE FOR
REVIEW AND APPROVAL.
ALL UTILITIES TO BE INSTALLED BY PUBLIC UTILITIES AFTER PLATTING OF
THE RIGHTS -OF -WAY MUST BE APPROVED PRIOR TO COMMENCEMENT OF
CONSTRUCTION BY THE PUBLIC WORKS DEPARTMENT OF THE CITY OF LITTLE
ROCK AND IF SUBSEQUENTLY INSTALLED IN THE RIGHTS -OF -WAY OR IN ANY
EASEMENT ADJACENT TO THE RIGHTS -OF -WAY SUCH INSTALLATION MUST BE AT
A DEPTH OF AT LEAST 30" BELOW THE ELEVATION OF THE ADJACENT STREET.
DEVELOPER, ITS SUCCESSORS OR ASSIGNS, HAS NO DUTY TO MAINTAIN,
REPAIR OR REPLACE ANY IMPROVEMENTS LOCATED WITHIN THE TRACT,
INCLUDING, BUT NOT LIMITED TO, UTILITIES, PEDESTRIAN PATHS, SECONDARY
EMERGENCY ACCESS AND LANDSCAPING OR WITHIN OTHER EASEMENT AREAS
REFLECTED ON THE PLAT. ALL COSTS ASSOCIATED WITH ANY SUCH
MAINTENANCE, REPAIR OR REPLACEMENT OF SUCH IMPROVEMENTS, AND ALL
LANDSCAPING TREATMENTS, IS THE SOLE AND EXCLUSIVE RESPONSIBILITY OF
THE ASSOCIATION, TO THE EXTENT SUCH COSTS ARE NOT A RESPONSIBILITY OF
THE CITY OF LITTLE ROCK, ARKANSAS OR THE UTILITY PROVIDER.
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The filing of this Bill of Assurance and Plat for record in the office of the Circuit Clerk and
Ex-Officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of
the streets and easements subject to the limitations herein set out.
The lands embraced in the Plat shall be forever known as "Lots 1 - 48, Block 66, and Tract
A, Block 66, Chenal Valley, an addition to the City of Little Rock, Arkansas," and any and every
deed of conveyance of any lot in the Corlay Court Neighborhood describing the same by the
number shown on said Plat shall always be deemed a sufficient description thereof.
Said lands herein platted and any interest therein shall be held, owned and conveyed subject
to and in conformity with the following covenants:
1. Additions to Corlay Court Neighborhood. Additional lands of PotlatchDeltic may
become subject to this Bill of Assurance and added to Corlay Court Neighborhood in the following
manner: PotlatchDeltic shall have the right but not the obligation to bring within the Corlay Court
Neighborhood additional properties, regardless of whether or not said properties are presently
owned by PotlatchDeltic, as future phases of the Corlay Court Neighborhood, provided that such
additions are in accord with the general plan of development for the Corlay Court Neighborhood
(the "Corlay Court General Plan") which has been prepared prior to the date of this Bill of
Assurance and prior to the sale of any lot in the Corlay Court Neighborhood and is maintained in
the office of PotlatchDeltic and provided such proposed additions, if made, become subject to
assessments of the Corlay Court Property Owners Association, Inc. for their share of expenses.
UNDER NO CIRCUMSTANCES shall this Bill of Assurance or any supplement or the Corlay
Court General Plan bind PotlatchDeltic to make the proposed additions or to adhere to the Corlay
Court General Plan or any subsequent development plan shown on the Corlay Court General Plan.
Nor shall PotlatchDeltic be precluded from conveying lands in the Corlay Court General Plan not
subject to this Bill of Assurance or any supplement free and clear of this Bill of Assurance or any
supplement thereto. Any additional phases added to the Corlay Court Neighborhood shall be made
by filing of record a Supplemental Bill of Assurance with respect to the additional property and
shall extend the covenants and restrictions of this Bill of Assurance to said additional property and
the owners, including PotlatchDeltic, of lots in those additions shall immediately be entitled to all
rights and privileges provided in this Bill of Assurance. The Supplemental Bill of Assurance may
contain such complementary additions and modifications of the provisions of this Bill of
Assurance necessary to reflect the different character, if any, of the added properties as are not
inconsistent with the plan of this Bill of Assurance. In no event, however, shall such supplement
revoke, modify or add to the covenants established by this Bill of Assurance as to the property
herein described. No entity, other than PotlatchDeltic, shall have the right to subject additional
lands to the Corlay Court Neighborhood unless PotlatchDeltic shall indicate in writing that such
additional lands may be included.
2. Architectural Control. No improvements shall be constructed or maintained upon
any lot or Tract and no alteration or repainting to the exterior of any improvement, including, but
not limited to, walls, retaining walls and swimming pools, shall be made and no landscaping
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13826.0005/8559922
performed unless approved by the Architectural Control Committee as provided for in the
Covenants and Restrictions and this Bill of Assurance.
3. Use of Land. The land herein platted shall be held, owned and used only as
residential building sites. No structures shall be erected, altered, placed or permitted to remain on
any building site other than a single detached single-family residence.
4. Common Amenities. The areas designated on the Plat as Tract A, Block 66, and
all improvements thereon, including but not limited to, any walls, lighting, drainage, irrigation,
pedestrian path, secondary emergency access and landscaped areas shall be maintained by the
Corlay Court Property Owners Association, Inc., to the extent they are not the responsibility of the
City of Little Rock, Arkansas and except for public utility improvements which are maintained by
such public utilities.
5. Delegation of Authority. PotlatchDeltic has caused the formation of the Corlay
Court Property Owners Association, Inc., a nonprofit corporation. PotlatchDeltic shall have the
right, but not the obligation, by a written instrument recorded in the Office of the Recorder for
Pulaski County, Arkansas, to delegate:, convey and transfer to such corporation all authority, rights,
privileges and duties reserved by PotlatchDeltic in this Bill of Assurance.
6. Creation of Obligation for Assessments. By acceptance of a deed or other
conveyance of property covered by this Bill of Assurance, each owner, other than PotlatchDeltic,
of a lot within Corlay Court Neighborhood shall be deemed to covenant and agree to be a member
of Corlay Court Property Owners Association, Inc. and to pay any assessments, charges and/or
special assessments which may hereinafter be levied by the Corlay Court Property Owners
Association, Inc. for the purpose of promoting the recreation, health, safety and welfare of the
owners within the Corlay Court Neighborhood, in particular for the acquisition, servicing,
improvement and maintenance of the Tracts, common properties, common area, common
amenities and drainage easements within the Corlay Court Neighborhood and facilities which may
be hereafter dedicated for use by PotlatchDeltic or otherwise acquired by the Corlay Court Property
Owners Association, Inc., which amount together with interest, costs of collection and a reasonable
attorney's fee, shall be a continuing lien upon the lot.
In lieu of assessments being imposed upon such lots owned by PotlatchDeltic,
PotlatchDeltic shall underwrite all reasonable costs for the operation of Corlay Court Property
Owners Association, Inc. not covered by assessments paid by owners of non-PotlatchDeltic lots
until eighty percent (80%) of all lots are owned by persons or entities other than PotlatchDeltic.
Once eighty percent (80%) of all lots are owned by persons or entities other than PotlatchDeltic,
the remaining lots owned by PotlatchDeltic shall be subject at the next annual assessment to the
same assessments as non-PotlatchDeltic lots.
7. Hci;lit and Type of Residence. The residences in Corlay Court shall be of similar
size and architectural style so as to create a neighborhood of architectural continuity. All
construction shall be approved by the Architectural Control Committee, in its sole and absolute
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discretion, as further provided for in paragraph 2 of this Bill of Assurance. No residence shall be
erected, altered, placed or permitted to remain on any lot in the Corlay Court Neighborhood other
than one detached single-family residence not to exceed two stories in height unless the
Architectural Control Committee has approved in writing a residence of a greater height.
8. Setback Requirements. No residence shall be located on any lot, other than Lots 9,
10, and 31 thru 41, Block 66, nearer to the front lot line or the side street line than twenty-five (25)
feet, provided, such setback requirements may be modified if such modification is approved by
the Architectural Control Committee, the Little Rock Planning Commission or the Little Rock
Board of Adjustment, and such other regulatory agency as may succeed to their functions. No
residence shall be located on Lots 9, 10, and 31 thru 41, Block 66, nearer to the front lot line or
the side street line than twenty (20) feet, provided, such setback requirement may be modified if
such modification is approved by the Architectural Control Committee, the Little Rock Planning
Commission, or the Little Rock Board of Adjustment, and such other regulatory agency as may
succeed to their functions. No building shall be located nearer to an interior lot side line than seven
(7) feet. No principal dwelling shall be located on any lot nearer than twenty-five (25) feet to the
rear lot line. For the purposes of this covenant, eaves, steps and porches not under roof shall not
be considered as a part of the building. Where two or more lots are acquired as a single building
site, the side building lines shall refer only to those bordering the adjoining property owner.
9. Mininium Square Feet Area. No residence shall be constructed or permitted to
remain on any building site in the Corlay Court Neighborhood unless the finished heated living
area, exclusive of porches, patios, garages, breeze ways, exterior stairways, porte cocheres, storage
areas and outbuildings, shall equal to or exceed that shown in the following schedule:
One Story Multi -Story
Lot Number Minimum S . Ft. Minimum Sq. Ft.
All Lots 1,800 2,200
Finished heated living area shall be measured in a horizontal plane to the face of the outside
wall on each level.
10. Frontage of Residence on Streets. Any residence erected on any lot in the Corlay
Court Neighborhood shall front or present a good frontage on the streets designated in the Plat,
and for this purpose as applied to all inside lots, it shall mean that the residence shall front on the
street designated, and on any corner lot it shall mean that the residence shall front or present a
good frontage on both of the streets designated in the Plat.
11. Commercial Structures. No building or structure of any type may ever be placed,
erected or used for business, professional, trade or commercial purposes on any portion of any lot.
This prohibition shall not apply to any business or structure that may be placed on any lot or portion
of a lot that is used exclusively by a public utility company in connection with the furnishing of
public utility services to the Corlay Court Neighborhood.
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12. Outbuildings Prohibited. No outbuildings or other detached structure appurtenant
to the residence may be erected on any of the lots hereby restricted without the consent in writing
of the Architectural Control Committee.
13. Noxious Activity. No noxious or offensive trade or activity shall be carried on
upon any lot, nor shall any garbage, trash, rubbish, tree limbs, pine straw, leaves or cuttings, ashes
or other refuse be thrown, placed or dumped upon any vacant lot, street, road or common areas,
nor on any site unless placed in a container suitable for garbage pickup; nor shall anything ever be
done which may be or become an annoyance or nuisance to the neighborhood.
14. OiI and Mineral Operations. No oil drilling, oil development operating, oil refining,
quarrying or mining operations of any kind shall be permitted upon or in any building site, nor
shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any building
site. No derrick or other structure designed for use in boring for oil or natural gas shall be erected,
maintained or permitted upon any building site.
15. Cesspool. No leaching cesspool shall ever be constructed or used on any lot.
16. Existing- Structure, No existing, erected building, manufactUred home, mobile
home or structure of any sort may be moved onto or placed on any of the above -described lots.
17. Temporary Structure. No trailer, basement, tower, tent, shack, garage, barn or
other outbuilding other than a guest house and servants quarters erected on a building site covered
by these covenants shall at any time be used for human habitation, temporarily or permanently,
nor shall any structure of a temporary character be used for human habitation.
18. Easements for Public Utilities and Draintiae. Easements for the installation,
maintenance, repair and replacement of utility services, sewer, drainage, storm drains and storm
drainage overflow have heretofore been donated and dedicated, said easements being of various
widths, reference being hereby made to the Plat filed herewith for a more specific description of
type, width and location thereof. Except as otherwise provided herein, no trees, shrubbery,
incinerators, structures, buildings, fences or similar improvements shall be grown, built or
maintained within the area of such utility, drainage or storm drainage overflow easement. In the
event any trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall
be grown, built or maintained within the area of such easement, no person, firm or corporation
engaged in supplying public utility services shall be liable for the destruction of same in the
installation, maintenance, repair or replacement of any utility service located within the area of
such easement.
The Owner of a lot is solely responsible for the existing drainage course across his lot. The
Corlay Court Property Owners Association, Inc. is only responsible for maintenance and
replacement of drainage equipment and facilities existing within the easements granted herein and
described on the Plat that are not the responsibility of the City of Little Rock, and has no
13826.0005/8559922
responsibility for the maintenance and repair of any drainage course or equipment located upon
those areas of the lot outside the easement.
19. Fences Fla Poles Tree Houses. No fences or other enclosure of part of any
building of any type or nature whatsoever shall ever be constructed, erected, placed or maintained
closer to the front lot line than the building setback line applicable and in effect as to each lot,
provided, however, that chain link or similar fences are in all events strictly prohibited and shall
not be used under any circtfinstances, provided, further, that it is not the intentions of this paragraph
to exclude the use of evergreens or other shrubbery to landscape the front yard. Fencing of any
type must be approved by the Architectural Control Committee as provided in paragraph 2 hercof.
No flagpoles or tree houses may be erected or installed on any lot.
20. sight Line Restrictions. No fence, wall, hedge or shrub planting which obstructs
sight lines at elevations between two and six feet above the roadways, shall be placed or permitted
to remain on any corner lot within the triangular area formed by the street property lines and a line
connecting them at points fifty (50) feet from the intersection of the street lines, or in the case of a
rounded property corner, within the triangle formed by tangents to the curve at its beginning and
end, and a line connecting them at points fifty (50) feet from their intersection. No tree shall be
permitted to remain within such distances of Such intersections unless the foliage line is maintained
at a height of at least eight (8) feet to prevent obstruction of such sight lines. Tile same sight line
limitations shall apply on any lot within ten feet of the intersection of the street property line with
the edge of a driveway or alley pavement.
21. Proctt Lines and Boundaries. Iron pins have been set on all lot corners and points
of curve and all lot dimensions shown on curves are chord distances, and all curve data as shown
on the PIat filed herewith is centerline curve data. In the event of minor discrepancies between the
dimensions or distances as shown on the Plat and actual dimensions and distances as disclosed by
the established bins, the pins as set shall control.
22. Driveway Obstructions. No obstruction shall be placed in the street gutter. Curbs
shall be saw cut at driveways with a diamond blade, and driveway grades lowered to meet the
gutter line not more than two inches above the gutter grade.
23. Subdividing Lot. No lot shall be subdivided.
24. Ri ht to Enfor - The restrictions herein set forth as well as those contained within
the Covenant and Restrictions shall run with the land and shall bind the present owner, its
successors and assigns. All parties claiming by, through or under the present owner shall be taken
to covenant with the owner of the lots hereby restricted, and their respective successors and
assigns, to conform to and observe these restrictions. No restriction herein shall be personally
binding upon any corporation, person or persons, except with respect to breaches committed during
its, his or their term of holding title to said land. PotiatchDeltic, its successor and assigns (for so
long as PotlatchDeltic owns lots within Corlay Court Neighborhood but not thereafter), the Corlay
Court Property Owners Association, Inc. and also the owner or owners of any of the lots hereby
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restricted shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to
prevent the breach of or to enforce the observance of the restrictions above set forth, in addition to
ordinary legal action for damages and failure by owner or owners of any lot or lots in this addition
to observe any of the restrictions herein. Any delay in bringing such action shall in no event be
deemed to be a waiver of the right to do so thereafter.
If, in the sole opinion of the Corlay Court Property Owners Association, Inc.
("Association") any Owner or occupant has failed in any of the duties or responsibilities reflected
in the Covenants and Restrictions or this Bill of Assurance, then the Association may provide
written notice of that failure, giving the Owner or occupant ten (10) days from receipt to perform
the care and maintenance required. Should any person fail to fulfill this duty and responsibility
within the ten-day period, then the Association, through its authorized agent or agents, shall have
the right and power to enter onto the premises and perform needed care and maintenance without
any liability for any civil or criminal damages for wrongful entry, trespass, conversion or otherwise
to any person. The Owners and occupants (including lessees) of any part of the Property on which
work is performed shall jointly and severally be liable for the cost of the work and shall promptly
reimburse the Association for all costs. If the Association has not been reimbursed within thirty
(30) days after invoicing, the indebtedness shall be a debt of all of the Owners and occupants
jointly and severally, and shall constitute a lien against the Lot and improvements upon which
work was performed. This lien, as well as any fine hereinafter authorized and imposed by the
Board of Directors, shall have the same attributes as the lien for assessments and special
assessments set forth in Paragraph 6, and the Association shall have identical powers and rights in
all respects, including but not limited to the right of foreclosure. The Board of Directors may
impose reasonable monetary fines upon the Owner which shall constitute a lien on the Owners Lot
and all improvements thereon.
25. Modification of Restrictions. Any and all of the covenants, provisions or
restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed or
canceled, in whole or in part, by a written instrument signed and acknowledged by owner or owners
of more than seventy-five percent (75%), as it may exist at such time, including additions made
hereto pursuant to Paragraph 1 hereof, of the total lots within the Corlay Court Neighborhood.
Each covenant in this instrument, unless expressly provided otherwise, shall remain in full force
and effect until January 1, 2051, after which time each covenant in this instrument shall be
automatically extended for successive periods of ten (10) years unless an instrument terminating
the covenants signed by the then owners of seventy-five percent (75%) of the lots in the Corlay
Court Neighborhood has been recorded prior to the commencement of any ten-year period.
27. Attorney Pee. In any legal or equitable proceeding for the enforcement of or to
restrain the violation of this instrument or any provisions thereof, by reference or otherwise, the
prevailing party or parties shall be entitled to attorney fees in such amount as the court finds
reasonable. All remedies provided for herein, or at law or equity, shall be cumulative and not
exclusive.
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13826.0005/8559922
27. Extension. All covenants for which extension is not otherwise provided in this
instrument, shall automatically be extended for successive periods of ten (10) years each unless
modified, terminated or canceled as provided herein.
28. Severability. Invalidation of any restriction set forth herein or any part thereof by
any order, judgment or decree of any court or otherwise, shall not invalidate or affect any of the
other restrictions or any part thereof as set forth herein, but they shall remain in full force and
effect.
EXECUTED this n ay of emu/ 202 L
POTLATCHDELTIC REAL ESTATE, LLC
By:
David Meghreblian, Vic resident
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this day before me, a Notary Public, duly commissioned, qualified and acting within
and for said county and state, appeared the within named David Meghreblian, to me well known,
who stated he was the Vice President of POTLATCHDELTIC REAL ESTATE, LLC, and was
designated and duly authorized in that capacity to execute the foregoing instrument for and in the
name and behalf of said POTLATCHDELTIC REAL ESTATE, LLC, and further stated and
acknowledged that he 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 this c21rA-- day of
_
u-� , 2021.
Notary ublic
My Commission Expires:
'y BEM GAMMILL
SALINECUUNiY
d.0 COMMISSION 173&5799
NpTARY PUBLIC-ARKANSAS
MY C�areSl rSIQr4 EXPIRES FEBRUARY 22, 2022
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