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CAROLYN S
AMENDED AND RESTATE11K
BILL OF ASSURANCE Fee;
AND
MASTER DEED AMENDMENT
COUNTY CLERK 2001l314.37,9
03/01/20BI 11:M 36
ecorded in
Official
ialRecords of
CAROLYN STALEY
PULASKI COUNTY
CIRCUITICOUNTY CLERK
Fees 146,00
WHEREAS, DOUGLAS HOLCOMB and LISA T. HOLCOMB ("Holcomb") and the
CLAREMORE COURT HORIZONTAL PROPERTY REGIME OWNERS signing below ("Regime Owners")
(jointly with Holcomb "Grantor") are the owner of the land in the City of Little Rock, Pulaski
County, Arkansas described in the attached Exhibit A;
WHEREAS, said land is currently platted as CLAREMORE COURT HORIZONTAL PROPERTY
REGIME pursuant to a Bill of Assurance recorded and re -recorded as Instruments Nos. 86-042557
and 87-01466; a plat appearing in Plat Books B-918 and C-079; and a Master Deed recorded and re-
recorded, as Instrument Nos. 86-042556 and 87-01465; and
WIEREAS, the Grantor desires to contract the boundaries of the horizontal property regime
("Regime") to the developed portion of the property, as represented by the attached Exhibit B,
replatting same; and
WHEREAS, the Grantor has obtained or will obtain the necessary consents and approvals
from owners and mortgage holders, as required by the subdivision and condominium documents; and
WHEREAS, the Grantor wishes to replat the real property not yet developed and removed
from the Regime, as described in the attached Exhibit C, into single family lots, to be known as
LISAWOOD TOWNHOMEs;
NOW THEREFORE, Grantor hereby replats the Exhibit A property as noted above and has
caused said land to be surveyed and subdivided by Patrick McGetrick, Regj%gred Professional
Engineer and Land Surveyor, and a plat thereof made which is attached,-hq '-arnt'it}fied. by the
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title "CLAREMORE COURT HORIZONTAL PROPERTY REGRvTAisAWOOD TOWNHOMEs REPLAY"
("Plat"), being part of the SE 1/4 of the NE 1/4 of Section 27, Township 2 North, Range 13 West
in Little Rock, Pulaski County, Arkansas, which Plat bears the signature of Patrick McGetrick and
the date !'2M, and the signature of the Grantor; and also bears a Certificate
of Approval executed by the Little Rock Planning Commission, and is of record in the office of the
Circuit Clerk and Ex-Officio Recorder for Pulaski County, Arkansas, in Plat Book 4L, at Page
6523. The filing referred to shall be a valid and complete delivery and dedication and re -dedication
of the easements and the street right-of-way shown on the said Plat.
1. The lands embraced in said Plat shall be forever known as "CLAREMORE COURT
HORIZONTAL PROPERTY REGIlv1E" and "LIsAWom TowNHOMEs", as applicable, and every deed of
conveyance for said property shall use this single family LisaWood lot designation or the designation
of the master deed to Claremore Court Horizontal Property Regime, as applicable.
2. All buildings constructed shall be located no nearer to the street or the property line
than the building lines shown on the Plat and shall be constructed in conformance with the Building
Code and Zoning Ordinance of the City of Little Rock, Arkansas. The new lots embodied in said Plat
shall be used for the construction of housing units, each of which shall be used for single fan;ily
residential purposes only.
3. Each of the townhouses presently constructed, and their owners, have been and remain
included in a horizontal property regime, the terms of which have been set out more fully in Amended
Bylaws filed pursuant to provisions of the Arkansas Horizontal Property Act (Ark. Code Ann. §
18-13-101 - 120, as amended, herein the "Act"), as Instrument Nos. 86-42559, 87-01467 and 98-
95569.
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4. The buildings and improvements constructed as part of the Regime consist of two
separate buildings containing a total of eight (8) single-family townhouse residential units with patios
and service yards designated as Units 1 through 8 on the Plat.
5. The buildings and improvements to be constructed on the Exhibit C property
("Subdivision") shall no longer be subject to the Regime or the Act, but shall be subject to the terms
hereof; and shall consist of seven (7) individual lots, each containing no more than one single family
residence, which may be zero -lot -line structures. These additional units will be designated as Lots
B through H, LisaWood Townhomes ("Lots").
6. The Regime Owners do hereby grant and convey and the Owners of Lots B through
H, their invitees and non -business licensees, shall have a perpetual easement, for ingress and egress
only, over that portion of the Regime designated on the Plat as "Entrance Easement," for which use
each Lot owner shall pay annually a sum no less than $40 per year for such use, plus 1/15th of the
actual annual maintenance and repair cost thereof; each as reasonably determined and adjusted by the
Regime and payable to it. All such maintenance and repairs shall be effected by the Regime.
7. Purchasers of Lots shall automatically become members of LisaWood Townhomes
Owners Association, Inc. ("POA'), in accordance with documentation prepared by Holcomb, which
shall have the power to, and which shall, impose assessments required by the preceding paragraph
and for other lawful purposes and file liens on Lots to enforce payment thereof. POA shall maintain
the private drive, landscaping and building exteriors on the Lots.
8. Holcomb covenants and warrants that additional units to be constructed on the Lots
will be of similar size, cost and quality, constructed in a workmanlike manner and in the same general
architectural style as the original units in the Regime and that such construction will conform
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generally with the specifications set forth herein, and in a Development Agreement executed
concurrently herewith, which may be amended only on the same terms as amendments to this
Amended and Restated Bill of Assurance and Master Deed Amendment.
9. This Amended and Restated Bill of Assurance and Master Deed Amendment may be
amended, modified, extended or changed, in whole or in part, by an instrument signed and
acknowledged by the owners of at least six (6) units in the Regime and five (5) Lots in the LisaWood
Townhomes Subdivision, (which requirement shall not apply to further amendments to the Master
Deed or Bylaws, which contain their own amendment requirements), subject to the requirements of
law and the terms of paragraph 16 hereof. Provided, however, that the Landscaped Buffer shown
on the Plat between the privacy fence to be maintained between the Regime and Subdivision at the
expense of owners in the Subdivision may not be reduced or eliminated or otherwise altered without
the consent of the adjoining Regime Owner.
10. All the Property shown on the original attached Plans as General Common Elements
is hereby declared to be general common elements for the equal use and benefit of all Regime
Owners, excluding the Exhibit C property and subject to the Entrance Easement granted hereby.
General Common Elements shall include, without limiting the generality of the foregoing, the
following:
(a) The land on which the Regime buildings stand.
(b) Driveways, parking areas, certain walkways, and utility easements.
(c) All central and appurtenant installations for services, such as power, light,
telephone, water, garbage and trash collection, and like utilities, including all pipes, wires,
poles, and the space occupied thereby.
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(d) All foundations, main walls and roofs for the Regime buildings.
(e) All other elements of the Regime buildings and improvements constructed on
the Exhibit B property necessary or convenient to the existence, maintenance and safety of
the property which are so designated on the Plans or which are normally in common use.
No Regime Owner shall ever make any use of the said general common elements that will or
could interfere in any manner with the use and enjoyment of said elements by other Regime Owners,
or which will interfere in any manner with the use for which said element is designed and intended.
11. The limited common elements consist of the front, side and rear yards serving
individual Regime units.
12. No buildings, fences, incinerators, paved driveways, or any other permanent structure
or improvement of any kind, whether herein specifically enumerated or not, shall be built or
maintained within the area of any of the easements shown anywhere on the Plat without the consent
of the affected utilities, and in the event any such obstruction is placed thereon in violation of this
restriction and reservation; no utility or public agent will be liable for destruction of same in
constructing and maintaining its facilities located within the area of said easement, unless otherwise
agreed upon in writing.
13. No obstruction shall be placed in any street, gutter or access easement, including the
Entrance Easement. Curbs shall be broken at driveways, and driveway aprons shall not extend past
the face of the curb.
14. The access drives extending north from Claremore Drive on the Exhibit B property
and west from that access drive across the Exhibit C property shall be for the use and benefit of the
owners of the property in this subdivision abutting each such access drive, their guests and invitees.
H.'+busmcsF,.vmx nonlCbmts\Flokamb_Do*177/41\BoA03.wpd 5
15. The covenants, restrictions and reservations contained herein shall be binding on all
persons or parties owning homes now or hereafter constructed in the subdivision and shall be deemed
incorporated in every deed to each and every home in the subdivision as if set forth fully therein. The
covenants, reservations and restrictions contained herein, as amended from time to time, shall be
construed as covenants running with the land and shall be binding on all parties owning or occupying
lots or townhouses in the subdivision until midnight, December 31, 2025 A.D., and shall be
automatically extended thereafter for periods of ten (10) years each, unless cancelled in the manner
provided in paragraph 9 within the ninety (90) days preceding the applicable date for automatic
extension.
16. This Amended and Restated Bill of Assurance and Master Deed Amendment shall be
deemed to have amended and restated the Master Deed as well, but only in the following respects:
(a) The "Property" subject to the Master Deed is no longer the Exhibit A
property, but only the Exhibit B property;
(b) No additional units will be added to the eight (8) currently contained in the
Regime, the basic values of which shall remain unchanged.
17. Should any provision of this Amended and Restated Bill of Assurance and Master
Deed Amendment be held invalid by final judgment or decree of a court of competent jurisdiction,
the remaining provisions shall not be affected and shall continue in full force and effect as if the invalid
provision had been severed.
[The remainder of this page intentionally left blank.]
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Dock$ 20010149 r79
WITNESS our hands and seals this day of June, 2000.
Lisa T. Holcomb
��� J,
Unit
s
Unit #2
Unit #3
Unit #4
Unit #5
Unit #
A
Unit #7
Unit #8
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:,
00cl 2001014979
STATE OF ARKANSAS )
) ss: ACKNOWLEDGMENT
COUNTY OF PULASKI )
On this day personally appeared before the undersigned, a Notary Public within and for the
County and State aforesaid, duly qualified, commissioned and acting, the within named Douglas
Holcomb, to me personally well known, who stated that he had so signed, executed and delivered
said foregoing instrument for the consideration and purposes therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this ate' day of
June, 2000.
Notary Public
My of-ruris,:ion expires:
to
(SEAL)
STATE OF ARKANSAS )
) ss: ACKNOWLEDGMENT
COUNTY OF PULASKI )
On this day personally appeared before the undersigned, a Notary Public within and for the
County and State aforesaid, duly qualified, commissioned and acting, the within named Lisa T.
Holcomb, to me personally well known, who stated that she had so signed, executed and delivered
said foregoing instrument for the consideration and purposes therein mentioned and set forth.
�l
IN WITNESS WHEREOF, I have hereunto set my hand and official seal thisday of
June, 2000. -
Notary iublic
My c mmission expires:
(SEAL)
H.-W sMMXmKuajn%CbcrLbAHokomb_Doug\17774I\BoA03.wpd
DocV 2001014979
STATE OF ARKANSAS )
) ss: ACKNOWLEDGMENT
COUNTY OF PULASKI )
On this day personally appeared before the undersigned, a Notary Public within and for the
County ,,,,,,,,akid State aforesaid, duly qualified, commissioned and acting, the within named
of Unit #1, to me personally well known, who stated that he/she had
so signed, executed and delivered said foregoing instrument for the consideration and purposes
therein mentioned and set forth.
4i1 IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 5� day of
2000.
Notary Public
My commission expires:
!S-0 Y
(SEAL)
STATE OF ARKANSAS )
) ss: ACKNOWLEDGMENT
COUNTY OF PULASKI )
On this day personally appeared before the undersigned, a Notary Public within and for the
2Aunty�a.d Staite aforesaid, duly qualified, commissioned and acting, the within named
OWVj Tioz Y-/ of Unit #2, to me personally well known, who stated that he/she had
so signed, executed and delivered said foregoing instrument for the consideration and purposes
therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of
�, 2000.
Notary Public
My commission expires-
15 -V�
(SEAL)
H:\buzmcxit wai ton�bents\Hokomb_Doug\ 17774- 1 \BoAO3.wpd 9
STATE OF ARKANSAS )
) ss: ACKNOWLEDGMENT
COUNTY OF PULASKI )
On this day personally appeared before the undersigned, a Notary Public within and for the
County and State aforesaid, duly qualified, commissioned and acting, the within named
9' of Unit #3, to me personally well known, who stated that he/she had
so signed, executed and delivered said foregoing instrument for the consideration and purposes
therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this j- day of
2000.
Notary Public
My commission expires:
L f 5- A
(SEAL)
STATE OF ARKANSAS )
) ss: ACKNOWLEDGMENT
COUNTY OF PULASKI )
On this day personally appeared before the undersigned, a Notary Public within and for the
Sounty and State a o said, quly qualified, commissioned and acting, the within named
"Omit #4, to me personally well known, who stated that he/she had
so signed, executed and delivered said foregoing instrument for the consideration and purposes
therein mentioned and set forth.
0 IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 5 day of
2000.
Notary Public
My commission expires:
u,f5-0�
(SEAL)
Wbusnculmioa m%CtirnbU{okx nb_Duug%177741\B0A03.wpd 10
STATE OF ARKANSAS )
) ss: ACKNOWLEDGMENT
COUNTY OF PULASKI )
On this day personally appeared before the undersigned, a Notary Public within and for the
C unty and State aforesaid, duly qualified, commissioned and acting, the within named
£Unit #5, to me personally well known, who stated that he/she had
so signed, executed and elivered said foregoing instrument for the consideration and purposes
therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 5-day of
�� 2000.
y
Notary Public
My commission expires:
(SEAL)
STATE OF ARKANSAS )
) ss: ACKNOWLEDGMENT
COUNTY OF PULASKI )
On this day personally appeared before the undersigned, a Notary Public within and for the
County a d State aforesaid, duly qualified, commissioned and acting, the within named
of Unit #6, to me personally well known, who stated that he/she had
so signed, executed and delivered said foregoing instrument for the consideration and purposes
therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this S' day of
2000.
Notary Public
My commission expires:
(SEAL)
H•01i"na_Dk Ug%I Tn4-1\BoA03.vwpd I I
STATE OF ARKANSAS )
) ss: ACKNOWLEDGMENT
COUNTY OF PULASKI )
On this day personally appeared before the undersigned, a Notary Public within and for the
aunty and State aforesaid, duly qualified, commissioned and acting, the within named
L twMnit #7, to me personally well known, who stated that he/she had
so signed, a ecu ed and elivered said foregoing instrument for the consideration and purposes
therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this �5� day of
uih, 2000.
Notary Public
My commission expires:
�-15-0 �
(SEAL)
STATE OF ARKANSAS )
) ss: ACKNOWLEDGMENT
COUNTY OF PULASKI )
On this day personally appeared before the undersigned, a Notary Public within and for the
County and State aforesaid, duly qualified, commissioned and acting, the within named
of Unit 48, to me personally well known, who stated that he/she had
so U, executed and delivered said foregoing instrument for the consideration and purposes
therein mentioned and set forth.
` IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 5 day of
2000.
Notary Public
My commission expires:
X-15 - 01 _
__ (SEAL)
H--V> maW�lf-3 t,Uiokomb_Dam�ITT741\BoA03.wpd 12
Doc# 2001014979
EXHIBIT A
Part of the SE 1/4 of the NE 1/4 of Section 27,
Township 2 North, Range 13 West, in Pulaski County,
Arkansas, more particularly► described as follows:
Starting at the Southwest Corner of the SE 1/4 of the
NE 1/4 of said Section 27; thence South 89 degrees 21
minutes East along the South line of the SE 1/4 of the
NE 1/4 of said Section 27 378.1 feet to the Southeast
corner of Lot 242 A, Echo Valley Second Addition to
the City of Little Rock, Arkansas and the POINT OF
BEGINNING; then North 34 degrees 52 minutes East along
the East line of said Lot 242 A, 120.9 feet to the
Southwest corner of Lot 240 of said Addition; thence
North 61 degrees 12 minutes East along the South line
of said Lot 240 and the South line of Lot 239 of said
Addition 125.1 feet to the Southwest corner of Lot 238
of said Addition; thence South 87 degrees 27 minutes
East along the South line of said Lot 238 and the
South line of' Lots 237 and 236 of said Addition, 269.9
feet to the Southeasternmost corner of said Lot 236;
thence North 29 degrees 22 minutes East along the East
line of said Lot 236 and the East line of Lots 235 and
234 of said Addition 273.82 feet to the Northeast
corner of said Lot 234, said corner being on the South
line of Lot 233 of said Addition; thence South 82
degrees 05 minutes East along the South line of said
Lot 233, 131.44 feet to the Southeast corner thereof;
thence South 01 degrees 10 minutes East 350.6 feet;
thence South 88 degrees 35 minutes East 225.0 feet to
a point on the West right-of-way line of Reservoir
Road; thence South 01 degrees 20 minutes East along
said West right-of-way line 25.0 feet to a point on
the South line of the SE 1/4 NE 1/4 of said Section
27; thence North 89 degrees 13 minutes West along said
South line 678.6 feet to the Northeast Corner of Echo
Valley Park Addition; thence North 89 degrees 21
minues West along the North line of said Echo Valley
Park Addition, 266.1 feet to the Point of Beginning,
containing 3.54 acres, more or less.
-- -v r -/c:
D
Doc* 2001014979
EXHIBIT B
Part of the SE 1/4 of the NE 1/4 of Section 27, T-2-N, R-13-W, Little Rock, Pulaski County,
Arkansas, more particularly described as follows;
Starting at the SW comer of the SE 1/4 NE 1/4 of said Section 27; thence S89°21'00"E along the
South line of SE 1/4 NE 1/4, 645.40' to a Point of the West Right-of-way of Beasley Drive; thence
N00044100"E 25.0' to the North Right-of-way of Claremore Drive; thence S89°16'00"E 280.93'
to the Point of Beginning; thence N00°44'00"E 94.51'; thence N70°00'00"W 109.0% thence
N29022'00"E 273.82'; thence S82005'00"E 131.44'; thence S01°14'00"E 350.35'; thence
N89057'30'W 171.87' to the Point of Beginning, containing 1.62 Acres, more or less.
Doc # 20010149 79
EXHIBIT C
Part of the SE '/4 of the NE '/4 of Section 27,
Arkansas, more particularly described as follows:
T-2-N, R-13-W, Little Rock, Pulaski County,
Starting at the Southwest corner of the SE '/4 NE '/4, of said Section 27; thence S 89021'00,' E
along the South fine of SE '/4 NE %4, 378.1' to the Southeast corner of Lot 242A, Echo Valley
Second Addition to the City of Little Rock, Arkansas and to the Point of Beginning, thence;
N34°52'00" E along the East line of said lot 242A, 120.9' to the Southwest corner of Lot 240 of
said Addition; thence N61°12'00'T- along the South be of said Lot 240 and the South line oft
239 of said Addition, 125.1' to the Southwest comer of Lot 238 of said addition; thence
S87027'00"E along the South line of said Lot 238 and the South line of Lots 237 and 236 of said
Addition, 269.9' to the Southeastern most corner of said Lot 236; thence S70°00'00'E 1091;
thence S00044'00'W 95.51' to a Point on the North Right-of-way of Claremore Drive; thence
89016'00'W 280.93'; thence S00044'00"W 25.00; thence N89021'00"W 267.30 to the Point of
Beginning containing or 1.92 acres, more or less.
Ci' of Little Rock
Department of
PubJ,C rks
701 We51 1:•Zrkh2'r
Lime RDck, Ark8n5c5 -22Z)1.13DD
371-4811 FAX -=5D
m -� m
CIVIL ENGINEERING RESPONSE
Enaineerinq Division
The Civil Engineering Requirements for Filing of Final Plats
have been satisfied. Approval for filing of this plat can
be issued CL RErvra9:E couyr 60 - PI9
L/fleEMe' 2e CO-�+xT IVOAZ- . ?/'oP. 2eaiMA'
Signed By �2 �
R xRrKS: pXF oR Dw, D•'slf�
CLR PUBLIC WORKS DEPT.
DATE
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