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HomeMy WebLinkAboutS-0435-B Application_City of Little Rock Deparmem of Public 1N'orks 7G1 N'@st I: zrl,h2ri La le•FFock• i.rF;ansas -:2 i•13,D 3i1-4811 FAX -�5G me(,lIne-G CIVIL ENGINEERING RESPONSE Enaineerinq Division The Civil Engineering Requirenents for Filing of Final Plats have been satisfied. Approval for filing of this plat can be issued ClFA t h,,&,Je 8•-.Jv SW s -'CA/ Signed By RME . RKS : L) XF�oLOw� /► 0'( /.s A — — -/ems �! 6 4-.« Qr+• sv CLR PuBL•IC WORKS DEPT. DATE TO AGENCY FAX FROM AGENCY FAX r PHONE TOTAL PAGES CORRECTED BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: 2001074030 69/25/2661 62:30:25 PH Filed 6 Recorded in Official Records of CAROLYN STALEY PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $29M THAT WHEREAS, The Greathouse Bend Estates, LLC, hereinafter called "Grantor", is the owner of the following described property: SEE ATTACHED EXHIBIT "A". AND WHEREAS, it is deemed advisable to plat said lands. NOW, THEREFORE, the Grantor has caused said lands to be surveyed by McGetrick & McGetrick, Engineering, Inc., Engineers and Land Surveyors, and a plat made thereof, identified by the title corrected final plat Greathouse Bend Estates, Phase H. The plat bears the signatures and seals of Patrick M. McGetrick, Registered Professional Engineer, and Robert C. Lowe, Jr., Registered Professional Land Surveyor, the signatures of the Grantor and bears a Certificate of Approval executed by the Little Rock Planning Commission and is recorded in the records of the Circuit County Clerk of Pulaski County, Arkansas, as Plat G Q I r- . Corrected Bill of Assurance and plat are Ding filed to correct typo in the legal description. The filing of this plat for record shall constitute a complete and valid delivery of any and all easements and/or rights -of -way which may be shown or designated on the plat. The lands embraced by the plat shall be forever known as Lots corrected foal plat Greathouse Bend Estates, Phase II, Little Rock, Arkansas", and all future conveyances shall refer to the lot number(s) as designated on the plat. asIts a,",, • 1. The Grantor further certifies that all other provisions of the Bill of Assurance for Greathouse Bend Estates, Phase II, Little Rock, Arkansas recorded as Document 2001-041914 in the records of the Circuit County Clerk of Pulaski County, Arkansas, shall remain in full force and effect and that all Zoning Ordinances and Building Codes of the City of Little Rock, Arkansas shall be applicable to the property shown and described on the plat. IN WITNESS WHEREOF, the Grantor has affixed his signature this 19 day of Septernber , 2001. APPROVED LITTLE ROCK PLANNING COMNIISSION Reviewed only for inclusion of minimum standards required by the City of Little Rock subdivision regulal"OM Bill of Assurance provision.; es'fablished by the developer may exceed minimum regulator. of tho Little Rock subdivision and zoning crdhance>. /61 ZZ ai City of Little Rack Pianninn Commissior+ GRANTORS GREATHOU,�E BEND ESTATES, LLC. L-IM ACKNOWLEDGMENT STATE OF ARKANSAS) COUNTY OF PULASKI) BE IT REMEMBERED, that on this date came before me, a Notary Public, duly commissioned and acting for the State and County aforesaid G AW1,S , an official of Greathouse Bend Estates, LLC. and stated that as such was authorized to and had executed the foregoing Bill of Assurance for the purposes set forth therein. Notary Public 3 My ComAmio Expires „OFF,O s Rachel S « N° rypublm, sin Wires �010 Doc# 2001074030 T A:1 PART OF THE SW 1/4 AND PART OF THE SE 1/4 OF SECTION 24, T-2—N, R-13—W, LITTLE ROCK, PULASKi COUNTY, ARKANSAS, MORE PARTICULARLY DESCRiHED AS: COMMENCING AT THE SW CORNER OF THE SE 1/4 SW 1/4 OF SECTION 24 (SAID POINT ALSO BEING THE SW CORNER OF LOT 5, GREATHOUSE BEND, PHASE Ij; THENCE S 86'22'11" E ALONG THE SOUTH LINE OF SAID SE 1/4 SW 1/4 AND THE SOUTH LINE OF SAID LOT 5 115.0% :7ILNCE N 273620" E AWr4G i Ffl_ EAST UNL OF SAID Wf 5 325.0' TO ll iL 1-'CIt4 ,' Of ULGINNIW, THENCE N 51'11'23" £ 74.31% THENCE N 06'14'39" W 150.28'; THENCE N 4633'08" E 52.80% THENCE N 50:5.3'W W 63AO' TO THE SE. CORNER OF LOT 45, PHASF F, GRFATHOIISF BEND; THENCE N 3408'41" E ALONG THE EAST LINE OF SAID LOTS 45 AND 46 322.85' TO THE NE CORNER OF SAID LOT 46 AND A POINT ON THE SOUTH R/W LINE OF THE CRI&P RAILROAD; THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE SOUTH R_W LINE OF SAID RAILROAD THE FOLLOWING COURSES: S 7242'14" E 928.09'; S 69'24'53" E 651.85'; S 66107*30" E 1239.53' TO A POINT ON THE SOUTH LINE OF THE SE 1/4, SE 1/4. THENCE N 86'31'29" W ALONG 1 HL SW TH UNE OF SWU 5E 1/4 SE 1/4 AND ]HE S►ilf -1/4 SE 1/4 16W, 9b': iHENGE N 06'05'38" E 310.97'; THENCE N 83'54'22" W 137.40' TO A POINT OF CURVTURE OF A t;I.IRVF TO THE R1s;f+T HAVING A RADIUS OF 45V; THENCE IN A NORT14WEST'F.PI Y DIRECTION ALONG THE ARC OF SAID CURVE TO THE RIGHT TO THE POINT OF TANGENCY THEREOF (SAID CURVE SEGMENT HAVING A CHORD BEARING AND DISTANCE OF N 71'47'2" W 189.0); THENCE N 5939'41" W 195.88'; THENCE S 30'20`19" W i17.88'; THENCE S 70'44`54" W 16.77'; THENCE N 71'40'55" W 360.66'; THENCE S 69 49'53" W 174.70% THENCE S 74'04'01' W 210.09' TO THE POINT OF BEGINNING. CONTAINING 20.426 ACRES, MORE OR LESS. l�a�y�y+l l fyi Y i %w ,ly r c 20016,41-91-4 AN • Filed l ,.,. • .7-. .r, & REcoPdEd inOfficial Records of wn i4 " CAROLYN STALEY T PULASKI COUNTY � BILL OF ASSURANCE C O d G>l �,THOUSE BEND ESTATES, P AfiE W t CLERK "i'- • • - Ayr A. PREAIVI1.`� y Whereas, Great House Bend Estates, L.L.C., herein called "Grantor", is the owner of the following described land situated in Pulaski County, Arkansas, havin¢ acquired the property from Ikansa Realty, Inc., by Deed recorded on May 31", 2000 as Instriurnent No. 2000036738 in the Office of the Circuit Clerk & Recorder for Pulaski County, Arkansas; See attached Exhibit "A". Now therefore, Great House Bend Estates, L.L.C., caused said land to be surveyed and a plat hereto attached showing surveys made this day of J u u p- , 2001, and signed by Patrick McGetrick of McGetrick and McGetrick, Inc., Registered Engineer, and by said Grantor showing the bounds and dimensions of the property now being subdivided into lots described by lots as shown thereon. There are shown on said plat certain easements for drainage and utilities which, Grantor hereby donates and dedicates to, and for the use by 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. Grantor has donated and dedicated to the public no easement of way for streets, but has separately provided for an easement as a common drive to be used for ingress, egress, and regress only by the owners of the lots, their agents, licensees, tenants, family, guests and invitees, and by Public Service and Emergency Vehicles. 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 easements subject to the limitations herein set out. The lands embraced in said plat shall be forever known as "Greathouse Bend Estates, �'l'raa�� "d,tx c�l�x zun of he 01Y or L-ftife Rock, Fulaski County, Arkansas. And any and every deed of conveyance for any lot in said subdivision describing the same by the number or numbers shown on said plat shall always be deemed a sufficient description thereof. Said land herein platted and any interest therein shall be held, mvned and conveyed subject to and in conformity with the following covenants which, subject to being amended or cancelled as hereinafter provided shall be and remain in full force and effect until January 1, 2040, to wit: B. RESIDENTIAL AREA COVENANTS 1. LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling, a private garage, guest house, servant quarters. and other outbuildings incidental and related to residential use of the premises. 2. ARCHITECTURAL CONTROL COMMITTEE. The committee is composed of John H. Haley, Cynthia M. Haley, Christopher W. Robertson and an architectural firm to be selected by the other members of the Committee. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. The members of this committee shall in no event be personally liable or responsible to any owner in this Subdivision for their actions. 3. ARCHITECTURAL CONTROL. No building shall be erected, placed or altered on any propert}_ in this Subdivision until the building plans, specifications, exterior color scheme, and plot plan showing the location and facing of such building with respect to existing topography, street, and finished ground elevations (site plan) have been approved in writing by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures and intended objectives of the Architectural Control Committee to achieve a subdivision that accomplishes the desired architectural design in the structure and subdivision esthetics. Any changes or alterations to the external design as originally approved by the Architectural Control Committee at the time of the original construction, must also be submitted and approved in writing to the Architectural Control Committee. In the event the Architectural Control Committee fails to approve or disapprove the plans and specifications within 30 days after such submission, this covenant shall be deemed to have been fully met by the person submitting the plans for approval. 4. COMPLETION OF CONSTRUCTION. Any dwelling must be completed in its entirety «-ithin a period of one year from date such construction is commenced. 5. MINIMUM PRINCIPAL DWELLING SIZE. No principal residential structure shall be constructed, or permitted to remain, upon any building site in this Subdivision which shall be less than 2500 square feet of heated and cooled living area. 6. BUILDUNTG LOCATION. No building shall be located on any building site nearer to the front or rear lot line or nearer to the side street line than the minimum building set -back lines sho«n on the recorded plat. Because of sloping terrain, building very close to the Southern• lot lines will be permitted. All entry to the principal residential structures on lots 17 through 25 as well as free standing garages, pool houses or any free standing buildings which have been approved by the Architectural Control Committee, will be 1) from the south side of these Iots. Entry to these lots from the north side, in the form of driveways or alleys will be prohibited. No building shall be located nearer than 10 feet to an interior lot line. The Northerly lot minimum set -back line will be as shown on the recorded plat. Due to the sloping terrain of the area, exceptions may be required. 7. SIGHT DISTANCE. No building, fence, wall, hedge or shrub planting which unsafely obstructs sight lines at elevations between 2 and 6 feet above the roadways where the street and driveway meet, shall be permitted. Trees and plants will be allowed as long as the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. $. FENCES. No fence, wall, hedge, mass planting or other structure shall be erected Without the prior approval of design, construction and materials by the Architectural Control Committee. No fence, wall, hedge or mass planting shall be permitted to extend beyond the minimum building setback line established herein or on the Plat of this Subdivision, except upon approval by the Architectural Control Committee. Chain link fencing is prohibited, except along the North boundary, and then only upon approval by the Architectural Control Committee. 9. OBSTRUCTION IN STREET GUTTERS. No obstruction shall be placed in the street gutter. Curbs shall be broken at driveways and driveway grades lowered to meet the gutter line not more than two inches above the gutter grade. 10. PROPERTY LINES AND BOUNDARIES. Iron pins have been set on all lot corners. In the event of minor discrepancies between the dimensions or distances as shown on the attached plat and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. 11. PRIOR RIGHT OF PURCHASE. Adjacent will be defined as all lots adjoining the subject property. No owner may sell his or her lot, improved or unimproved, without first offering it in writing to the adjacent lot owners for the same price and terms. The sale will be made to such adjacent owner if written acceptance is received within fifteen days. If there are two adjacent owners who accept, the decision as to who will purchase will be made by lot. Failure of the adjacent owners to communicate an acceptance within fifteen days will be deemed to be a refusal of the offer. Sales or transfers to family trusts or to immediate family members by deed or by testate or intestate succession are excepted from this right of first refusal. 12. ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. 13. AMEND-MENTS. Any and all of the covenants, provisions or restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed or cancelled, in 3 whole or in part, by a written instrument signed and acknowledged by the owner or owners of over 60% in area of the land in this subdivision, and the provisions of such instrument so executed shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. These covenants, restrictions and provisions of this instrument shall be deemed covenants running with the land, and shall remain in full force and effect unless and until amended or cancelled as authorized hereinbefore. 14. SEPARABILITY. 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. 15. PROPERTY OWNERS ASSOCIATION. A Property Owners Association will be created and all lots will be subject to the assessments that may from time to time be imposed upon property owners by said Property Owners Association. As a minimum, there will be an assessment charged to all property owners for the maintenance and upkeep of the common drive, which is known as Great House Bend, and for the maintenance and upkeep of the common areas and gates, if any. 16. COMMON AREAS. In the plat of Greathouse Bend Estates, Phase II, an addition to the City of Little Rock, Pulaski County, Arkansas, the Grantor has designated a common drive for the use of the owners, their agents, licensees, tenants, family, guests and invitees, and for Public Service and Emergency Vehicles, intended as the sole means of ingress and egress to the lots in this Addition. Should there be a fence surrounding the addition and a gate to the common drive, they shall also be included as part of the common area. The rights to and use of the common drive by lot owners shall be governed not only by the provisions of this Bill of Assurance, but also by the Articles and By -Laws of the Association and all rules and regulations promulgated pursuant thereto. Without limiting the foregoing, the use of said common drive is subject to the following: A. MEMBERSHIP AND VOTING RIGHTS. 1. Every owner of a lot within the Subdivision shall be a member of the Association. If there be more than one owner of a lot, each such owner shall be a member. Membership shall be appurtenant to and may not be separated from ownership of any lot which is within the addition. 2. Each owner shall have one vote for each lot owned, except that if there be more than one owner of any lot, no more than one vote shall be cast with respect to any such lot. If several owners of a lot shall be unable to agree upon their vote, such vote shall be prorated. B. PROPERTY RIGHTS. 4 1. Member's Easements of Ingress and Egress. Each owner, his Agents, employees, licensees, invitees, guests, tenants and family shall have an easement and right of way, in common with all other lot owners, their agents, employees, licensees, invitees, guests, tenants and family, over, across and along the common drive for purposes of ingress, egress and regress. 2. Members' Easements of Enjoyment. Every member shall have Right and easement to use and enjoy the common drive and all improvements constructed thereon. 3. No member shall use the common area or drive so as to interfere with the use and enjoyment thereof by other members or to interfere with the use for which such area is designated and intended. 4. Such rights and easements shall be appurtenant to and shall pass with the title to every lot within the subdivision, but shall be subject to the provisions of this Bill of Assurance, the By -Laws of the Association, and reasonable rules and regulations promulgated pursuant thereto, including the following: a. The right of the Association to limit the number of guests and non-members; b. The right of the Association to charge the members reason- able fees for the upkeep and use of the common area; c. The right of the Association, in accordance with its Articles and By-laws, to borrow money for the purpose of improving the common area and to construct and maintain facilities and improvements thereon, and in aid thereof to mortgage said property; d. The right of the Association to dedicate or transfer all or any part of the common area to any municipality, public agency, authority, or utility for such purposes and subject to such conditions as may be agreed upon by members. Such dedication and transfer shall be effective only upon the recording of an instrument signed by members entitled to cast 2/3 of the votes. C. TITLE TO THE COMMON AREA. The Grantor hereby covenants that title to the common area now owned by it may be conveyed to the Association when title to '/z the lots has been transferred from the Grantor, or on December 31, 2002, whichever comes first. D. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS. 1. The Grantors, for each lot owned within the subdivision subject to Assessment, hereby covenant, and each Owner other that Grantors of any lot within the subdivision by acceptance of a deed thereto, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to 5 pay to the Association: (i). Annual assessments or charges, and (ii) special assessments for capital improvements, to be established and collected as hereafter provided. Such assessments, annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the lot against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees for collection of same, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. 2. Each assessment or charge shall be pro -rated in the following manner: a. For the annual assessments, '/Z shall be due on the 1 st of January and %2 shall be due on the 1 st of June, until some change in method of assessments is voted by the membership. b. The assessments for vacant lots shall be one-half the amount for lots with homes erected. c. In the event any owner should own more than one contiguous lot and build a home in a manner that might be or appear to be between the lots or on both lots, then the assessment for said lots shall be the assessment for one lot with a home and one lot as a vacant lot. E. PURPOSES OF ASSESSMENTS The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the subdivision and for the improvement and maintenance of the common area and the improvement and maintenance of the private street and curbs and gutters thereto and any fence surrounding the addition. Without limitation, the Association may provide for: (i) fire and extended coverage insurance covering said improvements, and (ii) public liability insurance covering the Association and the owners iN ith respect to or incident to the ownership or use of the Common area, fence, or street, (iii) any expenses for the maintenance, repair or replacement of the improvements in the Common area, fence or street, and (iv) cost of improvements in the common area, fence, and street and a reasonable reserve for replacement thereof. F. ANNUAL ASSESSMENT: The Board of Directors of the Property Owners Association shall fix the annual assessment at an amount deemed to be necessary for the purposes of assessments. G. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. In addition to the annual assessments authorized, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purposes of defraying, in whole or in part the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the 0 Common Drive or private street, fence or Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of 2/3 of the members entitled to cast votes at a meeting duly called for that purpose. H. NOTICE AND QUORUM OF ANY ACTION AUTHORIZED. Written Notice of any meeting called for the purpose of taking any action authorized under theses articles shall be sent to all members not less than 3 days nor more than 60 days in advance of the meeting, %which notice may be waived in writing, before or after the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast 60% of all votes of the membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement and the required quorum at the subsequent shall be 50% of the required quorum at the preceeding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. In the event at any such meeting there are not sufficient members present in person or by proxy to cast 2/3 of all those votes eligible to be cast, but there are sufficient members present in person or by proxy to constitute a quorum as above defined, or in the event there are sufficient members present in person or by proxy to cast 2/3 of said votes but such members fail to assent to such increased assessment by the vote required therefor, members not so present at such meeting may within 30 days thereafter, give their written assent to such assessment, and upon delivery of such written assents to the Secretary of the Association within such time, the votes of such members not so present at such meeting shall be deemed votes cast at such meeting in favor of such assessment. I. UNIFORM RATE OF ASSESSMENT. Both annual and special assessments must be fixed at a uniform rate for all lots subject to assessment and may be collected on a monthly basis. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENT. Due dates. The annual assessments provided for herein shall commence as to any Lot owned by Grantor on the 31" day of December, 2002. The Board of Directors shall fix the amount of the annual assessments against each Lot subject to assessment at least 30 days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The Board of Directors shall establish the due dates. K. EFFECT OF NON-PAYMENT OF ASSESSMENTS; REMEDIES OF THE ASSOCIATION. Any assessments which are not paid when due shall be delinquent and shall constitute a lien on the Lot against which said assessment is made. If the assessment is not paid «?ithin 60 days after the due date, the assessment shall bear interest from the date of delinquency at a rate of 10% per annum, and the Association may bring an action at law against the owner personally obligated to pay the same, or foreclose its lien against the Lot, or 7 both, and interest, costs and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Conunon Area or private street or abandonment of his Lot. Assessment liens shall continue for a period of two years from the date upon which an assessment becomes delinquent, and no longer; provided, that if, within such period, proceedings shall have been instituted to enforce such lien, in any court in Pulaski County, Arkansas, having jurisdiction in suits for the enforcement of liens, such lien shall continue until the termination of the proceeding and until the sale of such Lot under execution of the judgment establishing it. L. SUBORDINATION OF THE LIEN TO MORTGAGES. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot pursuant to mortgage foreclosure or any proceedings in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. M. RIGHTS, POWERS AND DUTIES OF THE ASSOCIATION. The Association. in addition to all other rights, powers and duties as are herein contained and in its Articles of Incorporation and By -Laws contained, shall have all powers, rights, and privileges which are now or may hereafter be conferred by the laws of Arkansas upon a not -for -profit corporation by Act No. 176 of the Acts of Arkansas of 1963, and any amendments thereof. Reviewed only br inclusion of minimum standards required by the City cf Little Rock subdivision regulations. Bill of Assurance provisions established by tho developer may exceed minilmurn regulalions of tho Little Rock subdivision and zoning ordinances. 'ty ctf �e Rock Carnmissian STATE OF ARKANSAS) ) ss COUNTY OF PULASKI) GREAT14OUSE BEND ESTATES, L.L.C. By: t �. John . Haley, Member and M ager ACKNOWLEDGEMENT BE IT REMEMBERED, that on this day came before me, the undersigned, a Notary Public within and for the County aforesaid, duly commissioned and acting, appeared the within named John H. Haley, to me well known (or satisfactorily- proven to be), who stated that he is both Member and Manager, and is authorized in his capacity to execute the foregoing instrument iiyc-F L001 r4i9i4 EXHIBT A PART OF THE SW 1/4 AND PART OF THE SE 1/4 OF SECTION 24, T-2-N, R-13--W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS. - COMMENCING AT THE SW CORNER OF THE SE 1/4 SW 1/4 OF SECTION 24 (SAIL? POINT ALSO BE.INC, THE SW CORNER OF LOT 5, GREATHOUSE BEND, PHASE 1); THENCE S 86'22'11" E ALONG THE SOUTH LINE OF SAID SE 1/4 SW 1/4 AND THE SOUTH LINE OF SAID LOT 5 115.0; THENCE N 2736'20" E ALONG THE EAST LINE OF SAID LOT 5 325V TO THE POINT OF BEGINNING; THENCE N 51'11'23" E 74.31 THENCE N 06'14'39" W 130.2$'; THENCE N 4S'33'08" E 52.80'; THENCE N 50'53'09" W 63.10' TO THE SE CORNER OF LOT 45, PHASE 1, GREATHOUSE BEND; THENCE N 34'08'41" E ALONG THE EAST LINE OF SAID LOTS 45 AND 46 322.85' TO THE NE CORNER OF SAID LOT 46 AND A POINT ON THE SOUTH R/W LINE OF THE CRI&P RAILROAD; THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE SOUTH R.W LINE OF SAID RAILROAD THE FOLLOWING COURSES_ S 7242'14" E 828,09% S 69'24'53" E 651.55'; S 66 D7'30" E 1239.53' TO A POINT ON THE SOUTH LINE OF THE SW 1/4 SE 1/4; THENCE N 86'31'29" W ALONG THE SOUTH LINE OF SAID SW 1/4 SE 1/4 AND THE SE 1/4 SW 1/4 1608.96'; THENCE N 06'05'38" £ 310.97'; THENCE N 83'54'22" W 137.40' TO A POINT OF CURVTURE OF A CARVE TO THE RIGHT HAVING A RADIUS OF 450'; THENCE IN A NORTHWESTERLY DIRECTION ALONG THE ARC OF SAID CURVE TO THE RIGHT TO THE POINT OF TANGENCY THEREOF (SAID CURVE SEGMENT HAVING A CHORD BEARING AND DISTANCE OF N 71'47'2" W 189.0'); THENCE N 59'39'41" W 195.88. THENCE S 30720'19" W 117.88'; THENCE S 74'4454" W 16.77'; THENCE N 71'43'55" W 360.66'; THENCE S 69`49'53" W 174.70`; THENCE S 74'04'01" W 210.09' TO THE POINT OF BEGINNING, CONTAINING 20.426 ACRES, MORE OR LESS. for and in the name of Greathouse Bend Estates, L.L.C., and further stated and acknowledged that he has so signed, executed, and delivered the said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. 2001. f WITNESS my hand and seal as such Notary Public, this 31 �- day of M..g1r , My commission expires: C) 7 % A 0 A, 0. &10'ej)ds' L X for and in the name of Greathouse Bend Estates, L.L.C., and further stated and acknowledged that he has so signed, executed, and delivered the said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. 2001. WITiV'ES i MY land ai d seal as such- ivotary Public:, this st day of i')I 4ri My commission expires: p i% A 0 162 9