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HomeMy WebLinkAboutZ-5505-J Application® --R2 R2 eel P R2 a CO 0��.. _• R/A .rfY le041, R2 - oz ® ' ® ¢ °4b oC014DMe � e ® ° J FV ®� 9®9 q ® � a Z °� � 4 9 R2 9I n P� Im ° Io R2 Area mP Area Zoning N Case: Z -5505-J Location: SOUTHWEST CORNER OF COLONAL GLENN ROAD AND ROCKY LANE CT: 42.07 TRS: T1NR14W14 0 200 400 Feet PD: 18 Ward Item # 7 ¢ Gtl q o SF �F ��a5�y/�� SF a e �o(O . o N a \' SF SF SF ® fa BUSNO SF ¢ r 41 gr Q 1 ecC O Q El SF If e so g e ®m ° SFS o a `v SF SF n SF a d� m z 0 ®o LAND USE �-I Case: Z -5505-J N Location: SOUTHWEST CORNER OF COLONAL GLENN ROAD AND ROCKY LANE Cr. 42.07 TRS: T1NR14W14 0 Zoo 400 Feet PD: 18 Ward Item # TRSTINR14W14 CT 42.07 PD 18 CQ EXISTING GL GAS TANKS EXISTING STORAGE BIN - ?l/ A `--- e4 s7-ov rl REVISED PCD Z -5505-J SOUTHWEST CORNER OF COL. GLENN AND ROCKY LANE EXISTING SIGN TO BE REPAINTED ® 3 R204 a R2 ZIP 932 H 44, 4�7 L R2 Uzi • x m R2 # 10j, ¢L 4 p ® ® 0 ® O C co Rif E3 ® m ® p ! • R2 6C • V Lug 4 g R2 n R2 1 ® a � B R2 c &M 0 iN O �R2 ® a R , N Case: Z -5505-J Location: SOUTHWEST CORNER OF COLONAL GLENN ROAD AND ROCKY LANE CF. 42.07 IRS: T1NR14W14 0 Zoo 400 Feet PD: 18 Ward Item # ® di "lip 0 SF © s ®� 110 Qo� NZ�� 91 a <b "wN SF SF SF ® -EUSNO SF Fc i�F� � F7 SF p ® e a e ® e ° o �F r� �d z SF IN. SF � a SF' 7-a � a 10 m ® Eon LAND U S E n N Case: Z -5505-J Location: SOUTHWEST CORNER OF COLONAL GLENN ROAD AND ROCKY LANE Cr. 42.07 TRS: T1NR14W14 o Zoo 400 Feet TTT=5;- PD: 18 Ward- Item # TRSTINR14W14 CT 42.07 PD 18 CQ REVISED PCD Z -5505-J SOUTHWEST CORNER OF COL. GLENN AND ROCKY LANE EXISTING SIGN TO REPAINTED Rug 21 03 08:58a 000000000000000 501 5685580 p.1 RJABLE flW 11" 9710 INTERSTATE 30 LIITL.E ROCK, ARKA NSAS 72209 Tel (501) 568-5590 Fax (501) 50 1501 G -!viol: it?tL�l, rte. `+ye+wh�!l.eci 'PIN: 71-0568971 Arrnrney ()ffice Uanrz2er Estate Ptanning Law Clei& Legul Assistant Marl: Riable Gloria R.aible Kathy Riable Danny Crabuov. Emily Dann August 21, 2003 Kenny Scott Fac # 371,-686111� A XX P, Debbie Vickers Fax # 371-4d7 Donna dames Fax # 371-'T9 Re: Corner of Col Glenn and Rocky Lane, Little Rock, Pulaski Count„v AR l�R a RrLant Case # 0030 erode Ct As I have indicated I represent Mr. Bryant. Following a recent hearing date Mr. Bryant was going to muend the PCD. The problems relate to a tenant at the site, Pedro Rodriguez. Mr. Bryant has given notice of (-viction to the tenant and Med suit for unlawful detainer. A copy of the eviction uotire and the complaint are attached for your records. Mr. Bryant has also scald the property. His agent is Nark Chia*rn at Phinips- Moody-Duke. A copy of the offer and acceptaum is also attached. The closing is scheduled for September 159' Please let me know if this is agreeable. Thank you. Sine ly A, ark �a�ale Rug 21 03 08:59a 000000000000000 501 5685680 p.2 THREE IDA`!" 1\OTICE TO QIJT AND VACATE PREMISES (CIVIL) AND TEN DAY NOTICE TO QUIT AND VACATE PREMISES (CRIMINAL) TENANT: F'ELLQ.___ C� J�Lir� __and all other occupants ADDRESS: 3A Qc t_ AJ CITY: i. n.O,G C _STATE: AR y`t7�� ZIP: The agent(s) are the owner(s) of the premises, hereby notifies tion pursuant to the civil law of the State of Arkansas that you have (3) days to quit and vacate the premises or a civil action may be brought against you pursuant to Arkansas law. The agent(s) and owner(s) of the above noted residence, further gives you ten (10) days notice pursuant to the criminal laws of the State of Arkansas to vacate and quit the premises or be subject to prosecution under the criminal laws of the State of Arkansas. Dated this a day of AU u- 2043 RY: 6 y SERVED Served this S day of AU &. jA S7—. _,2003 Aug 21 03 08:59a 000000000000000 501 5685580 P.3 State of Arkansas ' Pulaski County Circuit Court CASE NO.: CV 2003.809,326 Office of the County Courthouee 401 W. Markham, Suite 102 Little Rock, Arkansas 72201 DIV: IST -HON MARK HUMPEREY •7 r.�:r •�.� n SUMMONS _ a .. �. , ; 2 nJ s i NOTICE OF LAWSUIT ) PLAINTIFFS DEFF—N'DA4q$rr JOHNNIE BRYANT PEDR4 RCh7:_JJEZ DEFENDANT'S ADDRESS MP.R P? MAR TT^: I FUS ` S ATTORNEY -3 GG I K JUSRIABLE `1 9 710 INTERSTATE 30 �� LITTLE ROCK, AR 72209 TO THE ABOVE-NAMED DEFENDANT(S): 1. you are hereoy notified that a lawsuit has been filed against you by the above named plaintiff(s); The relief asked is stated in the attached Complaint. 2. The attached complaint will be considered admitted by you and a asked in the complaint unless you file a written responee or answer and thereafter appear and present your defense. Your pleading or answer must meet the following regairemerts: A. It taunt be in writing, and otherwise Comply with the Arkansas Rules of Civil Procedure, S. It must be filed in the Pulaski county Ci rcuioCserved with this Offa.ce within ^WENTY '20) days from the day uwere summons. C. A copy of your response must, be delivered or mailed to the plaintiff or his attorney. 3. If you desire to be represented by an attorney you shacld _mtftediateiY contact your attorney so that an answer can be filed for yop="iii rtk?.'' time allowed. ****SEE ATTACHED NOTICE**** WITNESS ray hand and the seal of ;said Court this day: August.1A.1..2003 -- CAROL S?'ALEa;rcut ' Clerk nV STATE OF AF.K-n.NSAS, CT`!�' PJLASKI �1 ~. r Oi= t�"ckS day ofG' by M. T have duly E;;. -,-,a6 the summons by delivering a copy t ere�f...[R�. " Istati the substance thereof). together with a copy of the Complaint, to p S f� - moi_• ., such, person being: CCK A PLLICABL, OV AU— :- the person named therein as defendant a member of the defendant's family above 14 years of age at defendanLls usual place of abode, namely ,�. _ the duly designated agent for servacm o- process fcr the defendant, namely OTHER: Aug 21 03 08:59a 000000000000000 501 5685680 LEWIS CIVIL PROCESSOR 1351 N,'Parker - IL&keH Benton, Arkansas 72015 (501) 778-0163 pager: (501)280-8434 Q Chancery Court [] U. S. District Court STATE OF ARKANSAS]ircult Court [] District Court COUA'TY OF PULASYJ ]] bate Court UOther f — Case Nurber 0 1 — � 4 - p Date Received O Atto:riey +r � � da + 2003 at 7f o!pu, i have on ibis._ 1 u---� y of �/,, Writ of Garnishment; _ Motion and Order, `dulyT served this '.�UtnIR0I19 and Complaint; � Subpoena; _ _ io2ice ,8444 tition; _ RSO; _ Witness Fee $_ _ 4tha onL%fi2 r by the following manner of service: ^ at POE; -at residence; _ other by delivering a true copy to: ob,person named herein as defendant [j some person residing at defendarn's dwelling, house or usual place of abode who is at feast 14 veUS of age, namely: [] the duly designated agent for service of process for the defendant, namely: Fee :_ ass Server J Subscn'bed and sworn to before me this day of 7 2003• my commission expires ev .70 (! � C. P Notary Public �yOTARr 'Qy f'IlBL1G r p.4 Aug 21 03 09:00a 000000000000000 Sol 5685680 p.5 IN THE CIRCUIT COURT OF PLTASIU COUNTY, ARKANSAS DIVISION JOHNNIE BRYANT PLAIN'FfFF vs. CASE NO.: PEDRO RODRIGU.EZ DEFENDANT AND ALL OTHER OCCUPANTS COMPL'r,11~ T FOR UN .AWMIL. DWrAINER, MONEY DAMAGES A ATTORNEYS FEES Comes Plaintiff by and through counsel and for its complaint states: 1. The Plaintiff is an individi.ral and resident of the State of Arkansas. 2. The Defendant's are individuals who rented certain property pursuant to a verbal lease agreement in Pulaski County, Arkansas. 3. That the parties entered into a verbal agreement to rent certain properly located at 3324 Rocky Lane, Little Rock, Arkansas 72209, Pulaski County, Arkansas on a Wroath to month basis. That pursuant to the terms of the: agreement the Defendant was to pay the Plaintiff monthly rent. 4. That the Plaintiff advised Defendant prior to July 1, 2003 that the Defendants should vacate by the end of August. 5. That pursuant to the terms of the agreement the Defendant is in default. 6. That on or about August 5, 2003 the Plaintiff gave notice to the Defendants to vacate pursuant to both the Civil and Criminal laws in the State of Arkansas. A copy of same is attached as Exhibit "A". 7. That despite said three- (3) day notice to quit and vacate the premises the Aug 21 03 09:01a 000000000000000 501 5685680 p•6 Defendant has failed to vacate the premiscs and retrains in unlawful detainer. 8. Pursuant to Arkansas law the Plaintiff requests that in the event Defendant does not respond within five (5) days of service of the complaint together with the Summons and Notice of intention to issue writ of possession, the Court automatically issue a writ of possession or the sheriff to remove the Defendant's from the premises. 9, The Plaintiff prays also for judgement of and from Defendant's for any amount unpaid pursuant to the terms of the lease together with any expenses including Court cost and attorneys fees incurred by the Plaintiff. WHEREFORE, Plaintiff moves and prays for judgement of and from Defendant for unlawful detainer; for a Writ of Possession; that a writ automatically issue in the event the Defendant's fail to respond to the Summons, Complaint and Notice of Intention to issue Writ of Possession within five (5) days after service; that the sheriff be ordered to serve said Notice and accompanying papers upon the Defendant's and evict the Defendant's if they fail to vacate the premises; for Court cost; for attorneys fees and for the right to amend and plead further. RESPECTFULLY SUBMITTED: RIAHLE J All TR11S Attorney for Plaintiff 9710 Interstate 30 Little Rock, AR 72209 501;568-5680 Ark, Bar # 81029 Aug 21 03 09:01a 000000000000000 501 5685680 p.7 THREE DAY NOTICE: TO QUIT AND VACATE PREMISES (CIVIL) AND TEN DAY NOTICE TO QUIT AND VACATE PREMISES (CRIMINAL) TENANT: P [ C3_J (Z.l (rU and ail other occupants ADDRESS, � — --- CITY: � 17T6. 62o -(C _ STATE: AR {'�k ZIP:? 0 The agent(s) are the owner(s) of the premises, hereby notifies you pursuant to the civil law of the State of Arkansas that you have (3) days to quit and vacate the premises or a civil action may be brought against you pursuant to Arkansas law. The agent(s) and owners) of the above noted residence, further gives you ten (Itl) days notice pursuant to the criminal laws of the State of Arkansas to vacate and quit the premises or be subject to prosecution under the criminal laws of the State of Arkansas. Dated this S day of & &--U ST- —, 2003 BY r_c.•.sU — -- SERVED Served this _ _ 5 __ day of j4(((rG{ S% , 2003 Aug 21 03 09:02a 000000000000000 501 5685680 P.8 Real Estate Contract`" "" (Commercial) P�LLIFS 2003 MM)DY-DUKE Arkansas Pape 1016 Ir S r# L 8 S T ,a T '='r -a' � +W;° REALTORS® _ AS&OCklicn Form Stfial Surnher:011114*2ltty -1 SO', 1. PARTIES: rdividually, or colitctfvely Sha' Buyer') offers to p:vrchase, subject 10 the oar rid conditions set forth herein, from _ i�5 (individually or collectively, the 'Seller"), the properly escnbso in Paragraiiih 2 of Ims 4eal Estate Contra -.f rhe "Prop"'). 2. LEGAL DESCRIPTION AND ADDRESS: Ot L. {-�-1 3. PURCHASE PRICE: Buyer shall pay the following to the Seller for the property (the 'Purchase Price")s-7s,000 payable as follows: 4. CONVEYANCE. Unjess otherwise specifiec, canveyance of the Property Ghali be mage to Buyer cy generat warranty deed. m foe snnola absolute. except 1t 6hWI be sutajrlct to retarded instruments and easements i.' any, which do not matarrall nerty. Union expressly re-seryed herein, SUCH CONVEYANCE BNALL INCLUDE AL � BY SELLER CONCERNING AND LOCATED ON THE PROPERTY, IF ANY, UNLESS n pays of accepta-ice Uler shell '?umiah to Buyer ai uvnxnilment for an American I owner's We insurance poticyin the amdunl of the purchase price Issuad by a company of insure title to real property in die $tate of Arkansas and which company 19 reasonably howl special exceptions to title other then those standard exceptions contained in the ALTA such special exceptions reiate to restrictions, conditions, defects or other mattarc which would adversely affect the venae of the premrstes, then within days of dellYM of the title ver written ponce thereof to Seller, Stan notice 6hall stag speallicelly MOSS Meptlons to :lions not specifically Crum vraled within 6v ch a Itmely delivered r=outs shall be deemed to be R's delivery of notice of objections to Seller, Seller may cure such objections or have the I by the We company Issuing the commitment. It, vnthm such day pertad. Seller fall& actions and e=ditions, or wiinln that period. Setter delivers wr ltan notice to Buyer that it will i. dayys from delivery of such nonce tram Seller or the end of the period within which Sailer Mat, Buyer shall have ttty option to: Bra sy oelivenng wntten notice thereof to Seller, in which event all sums paid or deposited by to guy or: or Property as scheduled aulijeLt to such objections and exceptions with no reduction in the 'ling date for days to give Saber additional time to cure "Ch Objections, If Buyer feels nlnetion or grant an extension of the closing date within that period, t a objections shag be nd the IransacGon shalt close as scheduled. lifted owner's title insurances policy as soon as practicable after closing, and shall pay all s title insurance policy. iCanAn o" un Fags 8cf C rpma aur R., 01* Aug 21 03 09:03a 000000000000000 Real Estate Contract (Commercial) NQUDY-DUKE Page 2of6 UEA L 13STATF 501 5685680 P.9 c:,y: sn 2003 kkaneas REALTORSO Fe,n $a,W Number: 90DR-2MV016.1S1ip1 G. EARNEST MONEY: Buyer har,awith tenders a check for $ QC3 to be deposited upon aCcep:ance as earnest money (Sh ';arnesl SAoney which Sltall apply toware Pu se Pn or closing costs. earnest lvioney shalt be held in escrow ey I �L►�S mac, If tine requlrer rents are not wined or U oboe; Conli brei providing or Earnest Money refund are not salished. the earnest mor my shall be promptly refvndets to Buyer. Ifatlyer fails to NOW ils obilgatiors under this Real Estate Contract or if, after all Conditions have been mel. Buyer fails W dose flits transacl'•on, the Earnest Money may, at the sale ane exclusiya option of the Seller, be retained by the Seller as iiquidated damages. Alternatively, Seller may reWrn the CernaeI Money and assert all leg rd or equiiattle rights wNch may e*l as a resull of Buyer breaching this Real Estate Contract. 8uytr warrents, represents and acknowiedges that the check tendered will be honored upon presentaf:on * Buyer's bank, and trial Buyer shall he in detault of this Real Estate Contract if the check is not honored in a timely manner. Bt+yer and Seiler agree thK uz the event of any dispute consuming enlilernent to the Earnest 10ortey, t.lstrng Agent Firm may Interplead the Earnest ;.coney Into a court of conmpetent ruradictior, and upon such inlerploader both Listing Agent Flim and Selling Agent Firm shall be released from Itabildy to Buyer and Seiler, Listing Agent Firm shalt be reimbursed any anorneys fees or costs from the interplead Earnest Money. SURVEY: (Check one) ❑ A, NO burvt•]y 51111111 be provide. N'Y A current surrey, cerldiad subsequent to acceptance oy a reglsterec lend surve Cr, will be provided to Buyer by Seiler within il_0ays after acceptance and pard for by. d 5syer eller, (See Paragraph 16 for any specific survey requirements,) ❑ C. other: 8, PRORATIONS: Taxes ano special assessments due on or before closing shall be paid by Seller. Any deposits on rental µnpar:y are to 711 transferred :o Buyer at dosing. Inswarce, general taxes and special assessments, rental payments and Interest an any es9umed lean shall be prorated as of closing. unless otherwise specified herein. 9. FIXTURES AND ATTACHED EQUIPMENT: Unless specifically excluded herein, all fixtures and attached equipment, if any, are included in the Purchase Price. 1p. CLO$[NLi: C sing jfl ati occur at such t e as mutua'I agreed oy IRB patties, provided that the date shah oe no later than (month) (day) (year) unless such requirement is waived in wrlti% by both petites and a new dale SuParitulea therefor. Unless otherwise sgreeo by Buyer and Seller, trarizacxion costs will be paid by the party indicated below. Seiler — _ Thtle Ex amina! ion 9r search fees Premium for owner's title,nsurance policy Preparation of conveyance documents One-half of escrow tees One-half of doe um-arlary Stamps Other charges as customan,y paid by Seller IRS Notification form Buyer: Recording fees Premium for mortgagee's title insurance policy Preparatton of loan documents One-half of escrow fees One-half of documentary stamps Other charges customarily paid by Buyer 11. POMSS10N: Possession of the Property shall be delivered to Buyer: (Check one) N. upon tt�e cWsIng data 0 B. Other, as follows: ;C or: lr.u0onPfig r9al6) ^ 1 ,... :y'Mii.+ea %, 0211w3 Aug 21 03 09:05a 000000000000000 501 5685680 P.10 Real Estate Contract (Commercial) Page 3 of 6 Form $alai Numper: OSAUfI.2Mti016 PHILLIPS &M -DUKE 33 LA L isS rALTla 12. SELLER PROPERTY DISCLOSURE: (Check one; 0 A Not Applicable 2003 Arkansas s01Q REALTORW I] S. Buyer and Seller acknowledge that upon the authorizallon of Seller either the Selling Agent f=irm or the listing Agent Firm have delivered to Buyer, prior to the execution of this Real Estate Contract, a written disclosure, prepared by Seller concerning the condition of the Property, but this fact neither limits nor restricts the Buyer`s Disclaimer of Reliance set fork in Paragraph 15 of this Real Estate Contract. The written disc osurs prepared by Seller is dated (month) (day)_ (year) , and is warranted by Seller to be the latest disclosure and the answers contained in the disclosure to be true, correct, and complete to the best of the Seller's knowledge, a C. Seller will provide to Uuyer a written disclosure atwut the condition of the Property which will contain information that is two and correct to the best of the Seller's knoWfodge. The disClasure shall be presented to Beyer within pays after the acceptance of this Real E5taia Contract. ti Sella: fens to provide the disclosure as specified above, Buyer may declare this Real Estate Contract null and void, with Buyer to receive a refund of the earnest money. If Buyer finds the dlsciosure unacceptabw *LHn inree (3) business days after receipt or oisclosure: this Real EmAta Contract may ou declared null and void by the Buyer, wilt: Suyer to receive a refund n the Earnast Money, Receipt of this disclosure neither emits nor restricts in any way the Buyer's D!sclaimar of Resianca set forth in Paragraph 75 of IN Real Estate Contract 13. ENVIRONMENTAL REPRESENTATION: Seller hereby represents to Buyer that to the best of Seller's knowledge (unless otherwise disclosed herein); a The Property is not the subject of any Judicial or, administrative notice or acWn relating to hazardous waste or environmental contamination: b Sellar has received no notice of any claim or violation of any law or regulation having to do with environmental protection: c. No hazardous or toxic substances have been stares, processed, or disposed of on the property during the period that Seller has owned the Property; d. No underground storage tanks are located on the property, 14, TF ITE CONTROL REQUIREMENTS: (Check ane) A. None C3 B. Seller shah provide prior to closing, a1 Seller's expense, a current termite control policy issued by a licensed operator, satisfactory to Buyer. 15, BUYER'S DISCLAIMER OF RELIANCE: BUYER CERTIFIES THAT BUYER HAS PERSONALLY INSPECTED OR WILL PERSONALLY INSPECT, OR HAS HAD OR WILL HAVE A REPRESENTATIVE INSPECT, THE PROPERTY AS FULLY AS BUYER DESIRES AND IS NOT RELYING AND SHALL NOT HEREAFTER RELY UPON ANY WARRANTIES, REPRESENTATIONS OR STATEMENTS OF THE SELLER, LISTING AGENT FIRM, THE SELLING AGENT FIRM, OR ANY AGENT, INDEPENDENT CONTRACTOR OR EMPLOYEE ASSOCIATED WITH THOSE ENTITIES, REGARDING THE AGE, SIZE, DUALITY, VALUE OR CONDITION OF THE PROPERTY, INCLUDING WITHOUT LIMITATION ALL IMPROVEMENTS, ELECTRICAL OR MECHANICAL SYSTEMS, PLUMBING OR APPLIANCES, OTHER THAN THOSE SPECIFIEC HEREIN (INCLUDING ANY WRITTEN DISCLOSURES PROVIDED BY SELLER AND DESCRIBED IN PARAGRAPH 12 OF THIS REAL ESTATE CONTRACT (COMMERCIAL) ), IF ANY, WHETHER OR NOT ANY EXISTING DEFECTS IN ANY SUCH REAL OR PERSONAL PROPERTY MAY BE REASONABLY DISCOVERABLE BY BUYER OR A REPRESENTATIVE HIRED BY BUYER. NEITHER LISTING AGENT FIRM NOR SELLING AGENT FIRM CAN GIVE LEGAL ADVICE TO BUYER OR SELLER. LISTING AGENT FIRM AND SELLING AGENT FIRM STRONGLY URGE THAT STATUS OF TITLE, PROPERTY CONDITION, QUESTIONS OF SURVEY AND ALL REQUIREMENTS OF SELLER AND BUYER HEREUNDER SHOULD EACH BE INDEPENDENTLY VERIFIED AND INVESTIGATED. Fdm AAIWI. 40. (@ 1Ica Rug 21 03 09:06a 000000000000000 501 5685680 p.11 Real Estate Contractpj�jj fj,j W41 (Commercial) M JUDW-Du" ® Q 2003 Pop 4 of b >R la w L f! S 'F �a T E t�6 cn a �$;",.' "0 REALTORM Assxt�en Form Sstlal Humbw; QQAOR TVZ 515.1Som 116. CONTINGENCIES* Buyer's alter to purchase the Property is expressly aonbn lent u Buyar+a SaWacharl of the condngencies chocked below within thy deadi:ne Ia0naled for each cont ngenGy, $oyer shati nct+ly Solter in writing when the contingerclas are satisfied. If Buyer Falls to pravids surh written Walks betore the indicated deadifne that a cant,innggenvy ohecked bctow hes bean Sallsiied, than this heal Estate Gantract shell be voi d and the Earn 061. Money shall be relUnded to Buyer, and Buyer and 5ellarshall have no further obligation to each other. CanI nciss (check all that apply)- WA Obtain satisfactory financing, In Buyer's sole disoretlan, within S days after acceptance v❑ Obtain satisfactory results of a feasibility study, in Buyer's sole discretion, within days after acceptance. C Obtain satisfactory results of a property inspection, in Buyer's sole discretion, within days after acceptance, Cl Q. Obtain satisfactory results of an environmental report, in Buyer's sole discretion, within days after accoplancs. ❑ E. Obtain sattstamory re.Zgryag, platting, replatting, or zoning verification, in Buyer's sole discretion, within days after acceptance. F: within days after acceptance. 0 G. within days after acceptance, 0 H. within days after acceptance. Additional requirements related to any of above conlingt;nctes: G' rlL.lariCli � v - d SpeciSurrey requirements (see Paragraph 7): Special Condillons: (Conlinued on Feer.lAPa24 Her [tllid Rug 21 03 09to8a 000000000000000 Deal Estate Contract PHILLIPS (Commercial) INOUDy-DUKE Page 6ofa MEA L 115TATE Form Will Number: 0UD1i1-2MVQ16-iS6D1 501 5685680 p.12 ER 2003 Arkessaas R=Arrca° `a : „To REALTMT 17, AGENCY: (Check ono) M A. LISTItJO AGENT FIRM AND SELL1NO AGENT FFRiM REPRE39fiIT SELLER; Buyer aCkrsvw!eCgas nail the Llsdng Agent Firm end the Selling Agent Finn and all 4.8Mee$ associated with IN$a entities aro the Agents of the Seller and 11h at ft 15 the Sellar who employed Ihem, wham they represent. and M w'10ni iney are responsible. Buyer acMmvledges that before eliciting or receiving confidential rnformiauon from aha Buyer, the Selling Agent Firm, whits may" the same as the Listing Agent Firm. verbally disclosed that this Salting Agent Farm represents the Seiler 0 B. LISTING AGENT FIRM REPRESENTS SELLER AND SBLLING AGENT FIRM REPRESENTS BUYER: Buyer and Sellar acknowledge Ilial the Lisbng Agent Firm Is empieye•d by the Seiler and the Selling Agent Firm is employed by the buyer. Alf licensees associated with the Listing Agent Firm ere employed by. represent. and aria responsible to the Seller. As licensees aasae aced with the Selling Agent Firm are employed by, represent, and are responsible to Erm Buyer. Buyer acknowledges the Selling Agent Fir -a verbahy disclosed that the Listing Agent Firm represents ate Sellar. Sella ackrlowladges the Listing Agent Firm verbally disclosed that the Selling 5d �Agent Firm rdprasents the Buyer, LISTING AGEN7 FIRM AND SELLING AGE14T FIRM ARE THE SAM E AND REPRESENT BOTH BUYER AND SCLLER: Seller and Buyer hereby acknowledge and agree that the L4hri and the Selling Agent Firm are the same ano ell licensees esrscdated with line Listing and the Selling Agent Firm are representing both Buyer and Seller in !ha purchase and sale of tte above referenced Property and that Lietung/Sefung Agent Flrm has bedrl and is new the aganT of troth Seller ane Buyer with respect to Ihie Transaction, Seller and Buyer nava beth consented to and r'greby confirm their aonsunl to agency representation of both parties. Further, Selfer and Buyer - W agree that the LislanglSsNing Agent Firm shall not be required to and shall not draclose to either Boyer or Geller any personal, financial at other confldendal ,nformailon concerning fns Other party wltnout the express written Consent of trial party. Tits resinctiort excludes Inkrmebon related to defects In this Property which should, at Lia:tinglSelling Agent Firms' dierret'-Ian, be d 3dosed. Confidential Information shall include but not be limited to any price Seller is wining !a accept that is less ?hon the Offering pr•oe or any price the Buyer is willing to pay that is higher than that offered in writing. {il) by setecung this option 17C. Buyer and Sealer a"nowiedge that when ListingfSelling Agent �irrn reprerrerrls both parties, u posable contitri df Inter6gt exists, and Seller and Buyer further agree to forfeit their Indivioual right to receive the undivided loyalty of ListinglSehing Agent Firm (iii) waive any clalm now or hereafter arising out of any corlfiiGB of lmeresl from L5ang,1Seffkg Agent Firm represefil;both parties. Buyar and Sager aoltnowledge the ListinVeulns Agent Farm vernally disclosed drat Sha L sting4oWng Agent f=irm repreaenla boat pates in this transaction, and Buyer and Seller have given their written consent to this representation before entering into this Rea$ Estate Contract - 0 D. SELLING AGENT FIRM I11EPRESEN75 GUYER ENO LISTING AGENT FIRM}: Sellar ;acknowledges that the Sailing Agent Firm and all licensees associated walk the S0li[" Agent Firm are the agents of the" r and that at is the Suyar who employed MUM, �"Vrn they repreee it, and to wftbm they are responsible. SelilernCknewfeages that at fatal contact, tate Selling AgSant Firm verbally discloYed that the Selling Agent Firm represents Etre Buyer. Any relmranee to "Listing Agent Ftrm" +n thio Real Estate Contract will be considered to mean the Sailing Agent Firm, bosh Buyer and Seller acknowledging that ali agents involved in this Real Estate Contract only represent the Buyer. 14, RISK OF LOSS, tf prior to cla:ktq of this transaraien the improvements on tate property shall be destroyed at materiatiy damaged by lira or Whrar :asualty. this Real Estate Contract, at the option, o` the Buyer shstl be mull triad void. If Buyer Obtili al act in the event of sucti lass. that Phe Reai Estate Contract shall be performed. Buyer shall De aMled be late proceeds of insurance applicable to the lass for use in repairing said loss. 19. GOVERNIN0 LAW: This Real Estate Contract shall be governed by the laws of the State of Arkansas 20. MERGER CLAUSE: This Real Eslate Contract, when executed by both Buyer and Beeler. Snail contain the entire understanding and agreement between Iha Buyer Ind Seller wltn respect to ail matters ea llerred * herein and shall supersedes art pricy pr ccntemporaneous agreements, rep E0oritallons, discussions and undarstandasgs. brat or written, with respect to Ouch :matters. Tris Real SSIste Contract sha11 not suoersede any agency agreements entered into by Buyer or SON& and Lest rg Agant Firm or Sailing Agent Fri' 8 of Nl Hug 21 03 09:09a 000000000000000 -Real Estate Contract (Commercial) Nps y_D KE Pop 6of6 REAL Ws TwTE 501 5665680 p.13 2003 at 'war RIALTORSO a� A Association 21. ASSi13MMENT: This Real Estate Contract may not be assigned by tauyer unless the writler. C.A06@nl of Salter is obtained such consertt not to be virfeawnab,y wMhetd. It shall not be unraaaolab[e for Seller to withhold vansent 4 Seger is to provide tinanung for Bayer in any amount. 72. ACCEPTANCE: The term "noeaplance" as a5ed hereirt shall mean the raiarof file two al as or. wtacn this Reel Estate Contrtafx is elgned by Sefler or Buyer, as indicated by their oigrivures baww, winch later Uo shAY be the date of Tinel execution and agree wt by Its parties hareto If any date at deadline provided for herein falls on Saturday. Sunday. or a hOasy, the ap;hcahte date shalt be the next busirraes day. 23. TIME, Buyer and Saler agroa Ems is expressly of the ess" with regard to all times and dates set forth in this Rea! Estate Contract, Further, all times and Betas set forth in [his Real Estate Cowed ruler to Arkansas central time and date 24, ATTORNEYS FEES: Showd 9 er or $ever inlwit .rny type of edminlstratiw procaadin , ararleaur n, madistlon air htiQalion aaggam51 the caner (of Against an agent got Bre tnitiaring party of agent for the nor,4rn4ating party), it Is agreed by Buyer and Vetter txi.I.Mserlfoned agents oeing Ihird�rrarty bartafIC',36es of this Pytragraph 84) that all prorating parkas shall oa entipad is an award of Ihair respective attorney's fees 81A Casts incurred in defense of such inrliated action against the nor•prevating party 25. EXPIRATION: Thio Heal Estate Contract axes if not aecepted In wriling by Seleran or oefore (month) (dey)an_tyeafl � at [U_ C D w& 'fiffS'.. t8 PAQAr�GlaR #ING t�f�iitl(0,@R,T{iE�Ai7xAFq�A6. R6Al.TI�AS-A�AC1A,�1g34. ' TRI. a�RIAL NINl9EFi.fill.�Yf: 3S .A Uhi0�l4lR GIQT.'.�fS®tNl'A1�Y Q�RF4� rfflE B&RI,4C`.H11h18�i 19�C81Nf.9i1�U[�AE AH`S1L1101N+1� PAiNi1HC{ HOT �Af�IYVE CD o. f, 3THEliY�ISE.TitEFORIf �tk kURV#tti$i?t•ill? f(�,¢ i�p•NN $IG�]:i1�Sf+@IIId;IR ti".18.'BEIHG �iIEC13TE�PA&C CiAIBENi 91r .. - ' `�' , -.` �ffR1RSEBi�RL�H1l�1 Q�II11,2i1�VD9 6�tS�1. •• Tne ab no k to Contract is exMled by 3u or r. (rncntht (day) (year; at{am spm �t e3 PR 5nv " 'riot r mg Agent Prim suydv Kiam — r The above Real Estate Contract Is executed by Sellar on (month) _ ____ (day) _„_ (year) _ at (am)(pmJ. Seller agrees to pay Listing Agent Firm a fee equal 10 —for professional services ranCered. 11cc-brekomW appal", said fee shall tad dhided RE to listing Agent Firm end % to SeIIIN Agent Firm. If for any rtaaaon the earner; money provided or berern s orreted by (Buyer under the pNvratafr he , ram. be dimded equally bet Seiler and Listing Agent Firm sh. Zi E rs+:rr4?z en um sang s tar L�W Cnal rs erne ¢ r The above offer was 0 rejecled -untercffoWdl (Form Serial Number � —?,Y1Qfr-0/0&Z on frnonth) L' (aeyJ (year) '§�at rf a pm) Se4G. s rut+raaSeger i lrit- 6 rc04ARMIlee o-anoe Aug 21 03 09:11a 000000000000000 501 5685680 p.14 Seller's Counter to the Real Estate Contract Page t of 2 Farm Seria# Number:iiMSC.2YtOREd3IWZ PMLLIPS KOUDY-DUKEE ASL ESTATE 2603 Arkansas uE0.;ipR'9 m'n' RFALTORSW ' The Real Estate Contract (Form Serial Number OB D - V T6- i }, dated (month) JUS (day) 22.(year)2003 , between the Buyer, C ft A Y1 D Y _ and the Seller. J_QHNNI_ 8 . Y T covering the real property known as 17601 COL GLEUN E3Q. UJILEROCK AR,� ' (the "Property"), is not accepted In its present form; therefore, the following counter offer is hereby submitted: PER#3,-PURCHASV-PBLTQSt7$82,QgD.Co OTHER TERMS; All other terms as provided in the What Real Estate Contract are incorporated herein by reference and shall remain exactly as set forth therein, solely exce¢t(hose amended above. RIOT TO ACCEPT OTHER OFFERS; Setter reserves the right to accept any other offer prior to actual receipt by Usttng Agent Firm of en executed and accepted copy of this Seller's Counter to the Real Estate Contract. EXPIRATION OF COUNTER: This counter ofterexpires if not accepted on or before ;month) JULY (day) 2$_,, (year) 2QO3 _at 8.00 PM_ (am)(pm). SIGNATURES APPEAR ON PAGE 2 OF 2 ram Wnn16, M. OZI+Oe Rug 21 03 09:12a 000000000000000 501 5685680 p.15 Seller's Counter to the Real Estate Contract Raw 2 of 2 PHILLIPS M 0 Ui]Y•DU—KE s{•IDAL ESVATZ The above Seller's Counter to the Real Estate Contract is executed on (month)) LY (day)7�(year)at ;UIJ am PjjjLLt S-MOUC1 .❑ E REL S �60TIOAgonl R rm Annnnmra iLrLu �C6 5-pyn u &UQ2003 Arkansas R+EAL(Of, %4=pffrr' RMTQRW A The above Selle?s Counter to the Real Estate Contracl is executed on (month) (day) , (year) at ( Phifflo-s-Moudy-Duka Real Estata Sewig A9i Farr 1 Sdiig Agent Buyer - THIS COUNTER WAS REJECTED BY BUYER on (month) (day)_.__-, (year), at _ _ _ (am)(pm) bu�Gi1-ja users nr s (THIS SPACE LEFT INTENTIONALLY SLANX) F;/p'jp 114. go, City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371 X863 August 12, 2003 Mr. Johnnie Bryant 3606 Rocky Lane Little Rock, AR 72210 Re: Bryant Revised PCD - Z -5055-J Dear Mr. Bryant: We have scheduled your request to revise your previously approved PCD to allow storage of automobiles for 45 days on the site to be heard by the Little Rock Planning Commission for the September 4, 2003 Public Hearing. As with your previous request you will be required to notify all property owners located within 200 -feet of the site by certified mail. This list must be obtained from an abstract company and the notices mailed at least 15 days prior to the meeting. Once the notices are mailed I will need a copy of the abstract list, the notice form and the certified slips obtained from the post office. If you have any questions please do not hesitate to contact me. Respectfully, Donna James, AICP Subdivision Manager 19/1 (/=3 NOTICE OF PUBLIC HEARING BEFORE, THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A REZONING THROUGH A PLANNED DEVELOPMENT TO ALL RESIDENTS IN THE VICINITY OF THE PROPERTY AT: GENERAL LOCATION OR ADDRESS: Rockv 1_ane OWNED BY: Johnnie on the Southwest corner of Colonel Glenn Road and REQUEST: Bryant Revised PCD Z-5505- • a request to allow re aired automobiles to remain on the site for more than 30 days. NOTICE IS HEREBY GIVEN THAT an application for Rezoning —(Planned Development of the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L. R. Planning Commission in the Board of Directors Chamber, second floor, City Hall, on September 4, 2003 at 4:00 P.M. This notice is provided in order to assure that area residents are aware of issues that may affect their neighborhood. Information requests should be directed to the Planning Staff (Donna James) at 371-4790. NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A REZONING THROUGH A PLANNED DEVELOPMENT TO ALL RESIDENTS IN THE VICINITY OF THE PROPERTY AT: GENERAL LOCATION OR ADDRESS: Rocky Lane OWNED BY: Johnnie Bryant on the Southwest corner of Colonel Glenn Road and REQUEST: Bryant Revised PCD Z -5505-J . a request to allow repaired automobiles to remain on the site for more than 30 days. NOTICE IS HEREBY GIVEN THAT an application for Rezoning —(Planned Development) of the above property has been filed with the Department of Planning and Development. A public hearing will be held by the L. R. Planning Commission in the Board of Directors Chamber, second floor, City Hail, on September 4, 2003 at 4:00 P.M. This notice is provided in order to assure that area residents are aware of issues that may affect their neighborhood. Information requests should be directed to the Planning Staff (Donna James) at 371-4790. � d � JULY 23, 2003 PLANNING & DEVELOPMENT BRYANT REVISED PCD WE PROPOSE TO REVISE THE PREVIOUSLY APPROVED PCD BY CLARIFYINGTHE AMOUNT OF DAYS AN AUTO MAY BE LEFT STORED OR PARKED ON PREMISES. THE CHANGE TO BE IN COMPLIANCE WITH STATE LAW. CAR IS LEFT TO BE FIXED: MAY BE TO GET STARTED ON 5 DAYS MAY BE TO FIX 4 DAYS IT'S FIXED, CALL OWNER AFTER 5 DAYS SEND LETTER ANOTHER 5 DAYS SEND REGISTERED LETTER 45 DAYS IF AUTO NOT CLAIMED IN 45 DAYS IT MAY BE SOLD AT PUBLIC AUCTION BUT MUST BE ADVERTISED. ANOTHER 5 DAYS TOTAL WITHOUT ANY LEEWAY 69 DAYS WE REQUEST THE CITY TO ALLOW 75 DAYS AFTER NOTICE OF INTENT TO WRITE CITATION. THIS REQUEST PERTAINING TO AND ONLY AFFECTS (F LAST LINE) H #4 IN CONDITIONS PAGE 4 & 5. ADDITIONAL REQUEST MAJORS REPAIRS BE ALLOWED. I THINK I WAS MISQUOTED. I THINK I SAID (WE WERE ONLY PLANNING ON DOING MINOR REPAIRS) SEP-02-2002(MON) 09:37 Udittenberg, De[ony, Davidaor (FAY,)5013760231 P.001/003 wr17ETtBFRG. r7£LaNYR o4VroSCeu .:aC,4;r6CT5 _ T_ �_..._.. 400 W. i_AiV=AVG4LL: 'JRF f8W ❑n1AOCrt,1:d 72WI-4.M7 50113764661 1� $01,'37"711 FAX c• Y wddkwr.jd=hrccrcom TO: Gana Carney COMPANYIDEPARMENT: Littre Rock Planning FAX: 399-3433 PHONE: 371-6817 RE: Z -5505 -j FC: FROM: Gary Langlais PAGES {including coyer;: Three PATE: 9,12/03 PROJECT NUMBER: Planning Commission ❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ FL EASE REPLY ❑ VFAIFY RECEIPT ❑ FOLLOW -JP HARD CCFY BEING SENT BY REGULAR MAIL ❑ Dana: Attached is a letter from MA) Rodney Faust, Fort Polk, LA. Gary TAE INFORMATION CONTAINED IN THIS FAX+S FOR THE RECEIVER NOTED ABOVE ONLY AND SHOULD BE CONSIDERED CONFIDENTIAL, IF YOU HAVE RECEIVED THIS FAX IN ERROR, PLEASE CONTACT US AT (501) 376-6561 OR BY FAX (501} 376-0231 3F�-02-2ti02;1gOfdi ' ::38 Wittenberg, DeLony, Davidson (FAX)5e]3700231 P. 202!003 1vLkT Rodney Faust 27 August 2003 5422B Cypress Drivc Fort Polic, LA 71459 337-531-0535 Gary Langlais 400 W. Capitol, Su 1 800 Litt,e Rock, AR 72201 Dear Mr. L.anglais I ani %►-iting you to ask that you disappro a zhe proposed PCD zoteing rL-vision. Tiled by johnnic ]3ryaat, fila T Z -5505-H. This revision is scheduled to come. be,ore tLe board on t Sept. -tuber 003. 1 have writter: this latter o behalf Almy mother and other residents because,. neither they nor I can attend the meeting on 4 September. The reasons 1 want you to disapprove Mr. Bryan's revision are: I . Mr, 84 yaur has been ordered to rourt to r= is charges for violating the zolling rcquiraw=ts since Luludry o= this year, but has yet to bavv a trial- He plead nol guilty and has pushed back tl=e trial (5 tines so fax) each UTne a TLcw date Nvas assigned. 2. Mr. Bryant has wilifi ly viol tttd rite gt.udeli.nes set down ley the plasaliug cotutnissioa on 2 i MLky 1999 (sections G, H & Plannias Coma union Actions, file Z -5505-H). The auto shop has not opecated within the set hours. It has oliemted coaaisrantiy late into the evcaing (past 9 pin), early momiags (61un1 aac on both days of t: a weckeod. 'Mese violations have been reported to the commission (Monte rebore) and to the sheriiPs office. News. signs were installed to include a vulgar ssgn with the words "BITCH" spray -painted on in big letters. No screening has bconput tri and iinrnediateiy after Che May 1995 moctir-g, Mr. Bryant cut,tow'n :ill of One vegctatian aroliad the facility to expose ilio junk hr stared in back o: the facility. Vcry little land soaping was done and the arae of the property that Faces Roc'.iq Lail: is very rarely mowed. Whicies are consia-tcady workod on outside of the facility and stored on the progeny for earcnded Irngths of titue. Vchicic parts ar- left lying around tate property along Midi assorted trash. Loud music is consistcsitly played on the property and vehicles being repair are test driven tip & down Rocky Lane. This prop, ~Ay has become a nuisance to the neighborhood and ba.- probably de -valued the limes that surroLmd it. Mr. Bryant has MOO no deliberate sfrart to fnilow the guidelines s^.a by taa cominiaee; wind al lotived the property to fail into disarray. I have provided pir,wres of the property in the past (at the M4 2y 7.999 meetislg) Md have sent rcccnt pictures to Monte Moore. ] have enclosed a CD with pictums taken on 23 August 03 to provide evidence of --W; claims. SEP-02-2002NON) 09:18 UVittenberg, Delony, Davidson (FAX)5013700231 P.003/003 Mr. Bryant has will fully and knmin�gly violated the planning commission guidelines since May 1999 and has avoided ccery am=pl to hold him accou„ tablc for talc dismal stale of his property. i ask that his revision be disapproved. ThaLk you for ycur lime. � n moi„ •y ��t Lf_Tw�� _