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HomeMy WebLinkAboutZ-9105 Application 28'001022 PAGE368 The undersign representing Sixty (60%) percent of the property owners of Winston Subdivision Section "A" hereby give their approval to amend the Bill of Assurance. their hands and seal on this 22 day of T4Ww'-i 1968. Darby Builders, Inc. �1- V illiam H. Dar y, JrvPresi ent MargareMeeks, Secretary ACKNOWLEDGEMENT STATE OF ARKANSAS ) COUNTY OF PULASKI SS Be it remembered that on this day, before me, a Notary Public duly commissioned qualified and acting, within and for the said County and State, appeared in person the within Named William H. Darby, Jr. and Margaret Meeks to me personally well known, who stated that they were President and Secretary respectively of Darby Builders, Inc., a Corporation, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said Corporation and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for consideration, uses and purposes therein mentioned and set forth. In testimony, whereof, I hereunto set my hand and official seal phis` _ day of 968. 1riy� Crassion Expires: Nota'l` pu-�C 7 �� This instrument prepared by Dick Hood, Attorney at Law -2- BOOK 792 Pn6E"3180 curbs shall be broken at driveways, and driveway grades lowered to meet the 'gutter lines not more than two (2)' inches above gutter grades. 10. These covenants are :to:runwith the -land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants - are recorded. After which time said covenants shall be automati- cally extended for successive periods of 10 ears -unless and instrument signed by a majority of the then owners of the lots has been recorded, -agreeing to change said covenants in whole or in part. 11. These -covenants and restrictions shall not be amended, cancelled, or supplemented unless an instrument signed by at least sixty (60%) per cent of the owners of the aforesaid lots is placed of record agreeing to change ang covenants and restriction's in whole -or in part. .12. In the event of any attempt to violate any .of the covenants or.restrictions herein, before the expiration date hereof, it shall be lawful for any person or persons owning a lot or lots' in said addition to prosecute any proceedings at law or in equity against the person or persons violating or attempt- ing to violate any such covenant or restriction, and whether to prevent him or them from doing so or to recover damages or other dues for such violation. 13. The invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise effect any of the other provisions, which shall remain in full force and effect. IN WITNESS WHEREOF, the said grantors have hereunto set their hands and seals on this day of , 1962. xgnature 1 gn o, � RELINQUISHMENT OP` DOWER -00097 PAi;� c I, Jan Wilson, wife of the said Robert M. Wilson, for and in consideration of the benefits to accrue to me do hereby release and relinquish unto the said public all my Right of Dower and Homestead in and to the lands contained in the easements and dedications set forth in the foregoing Bill of Assurance. an Son A C K N O W L E D G M E N T STATE OF ARKANSAS ) ) SS. COUNTY OF PULASKI ) BE IT REMEMBERED, That on this day came before the under- signed, a Notary Public, within and for'the County aforesaid, duly commissioned and acting, ROBERT M. WILSON and JAN H. WILSON, his Wife, to me well lnown as the Grantors in the foregoing in- strument, and stated that they had executed the same for the con- sideration and purposes therein mentioned and set forth•. And on the same day also voluntarily appeared before me the said JAN H. WILSON, wife of the said ROBERT M. WILSON, to me well known, and in the absence of her said husband, acknowledged and declared that she has of her own free will, executed said instru- ment, and signed and sealed the relinquishment of dower and of homestead rights as set forth therein, for the consideration and purposes therein mentioned, contained and set forth, without com- pulsion or undue influence of her said husband. WITNESS my hand and seal as such Notary Public on this 5th day of April 1962. P O. � tary Pu�� q.'Cb!&►ission Expires: &60inber 25, 1965 - = (FOR PLAT SEE PIA T BOOK 10 AT PAGE 82.) so �� +Fi7 sQ for it r ,�; 19 �. Eft o''oIoolp--u. (6rALj and raaarde �, �9 &UG22 MoNAIR, C1= AMENDED BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: OWK1029 *00- 61 THAT, WHEREAS, Darby Builders, Inc. is the sole owner of the following described land lying in the County of Pulaski, State of Arkansas, To -wit: Lot 1 Winston Subdivision Section "A" WHEREAS, a Bill of Assurance dated April 9, 1962 was filed appearing in deed recorded 792 page 377. WHEREAS, it is desirable that said Bill of Assurance be amended in the following particulars. That paragraph 1 be hereby amended to read as follows: 1. No lot shall be used except for residential purposes, except lot one (1) which can be used as multifamily or quiet business. No Building shall be erected, altered, placed, or permitted to remain on any lot except lot one (1), other than (one single-family dwelling not to exceed two and one-half stories in height and a private garage for not more than two cars). That paragraph 4 be hereby amended to read as follows: 4. No building or fence shall be constructed on any lot nearer to the street than the building line shown on said plat. No building shall be located nearer than eight (8) feet to an interior lot line or ten (10%) percent of the average width of the lot provided, however, such side yard need not exceed eight (8) feet in width, except that side yard shall be minimum of three (3) feet for a garage or other permitted accessory building located thirty-five (35) feet or more from the minimum building set -back line. For the purpose of this covenant, eaves, steps, and open porches shall be considered as a part of a building. No main building shall be built on any lot in said addition nearer than twenty-five (25) feet to 'the rear lot line, except lot one (1) can be ten (10) feet from rear lot line. Im as 10 $ �s =Ip 6 l RS Y R n Y r -iw—� in F•� dr, ntins $ 9 � Rx '�a{ A •7 wl if i pk - �4 r vv:ti "sd '� C - F Rv. 4.0.0 1 ysama�' �w A�.a;u d ij1 II �v 2: n �RJ v noy � •-� nV 0 A �n :x s ggi n.*q� Ta" A ut f 'e 4 u Y+� -buildng shall: be bu-llt on' any lat fn said _aai f-tion nearer than - twer1ty-tiVO (25) - 'eat to the rear lat line, '4xaept .lot arie can bi? ten- I0 } Meet Yrom rear Sot 1ir�e ta City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 January 15, 2016 Jim Martin Stonecrest Apartments 23 Funtastic Drive Cabot, AR 72023 RE: Stonecrest Apartments Dear Mr. Martin, Planning Zoning and Subdivision I am in receipt of your written request for this department to allow you to obtain the necessary building permits to proceed with the rehabilitation work on Stonecrest Apartments prior to the rezoning process being completed. I have reviewed the information and, I cannot authorize the issuance of any permits without the proper zoning being in place for the multi -family project. Please feel free to contact me if you have any questions. Sincerely, ?Tonyozy ski Director Stonecrest Apartments 23 Funtastic Drive, Cabot, Ar 72023 Stonecrestlittlerock@yahoo.com Tony Bozynski, My name is Jim Martin, General Contractor and Agent for Stone Crest Apartments LLC. We are trying to remodel our 64-unit apartment complex, and have run into a difficult situation that prevents us from proceeding. When code enforcement shut the building down by Court Order, and after being vacant for more than 6 months, it reverted back to its original zoning R2. It was our impression that the property would be "grandfathered" in due annexation. Feeling confident in our investment in the City of Little Rock, we bought the property from the bank borrowing over a $1,100,000 to rehabilitate. We worked feverishly with engineers to put forth a budget, putting electrical, plumbing, mechanical, and sprinkler contractors all under contract. Each contractor pledged 6 months to this project so that there would be no interruption to the Progress Schedule. The rezoning of this property has caused the planning department to refuse our building permit. It also caused the court injunction to prevent us from entering into any of the units, basically shutting us down. We are asking the City of Little Rock to issue us an order to proceed, to present to the courts to be able to lift the injunction, and get the required Building permits. We are pursuing a rezoning request and have the survey, and application ready to file for a hearing. We feel very confident that our request to have the property rezoned will be successful. It is our hope that the City will work with us to resolve this issue. We still have to make interest payments on the $1,100,000 we borrowed, as well as the possibility of losing all our sub -contractors due to delays on start up. This could be very devastating to the success of this project. We feel we have invested in the City of Little Rock by taking a rundown apartment complex, rehabilitating it with the hope of putting good renters in there. It is our intent to restore this complex, and give the community a great sense of pride. Thank you, J-� ,, �A� %, '1700 j, rt � r t 1 �y, i • ! . I IN THE DISTRICT COURT OF LITTLE ROCK, ARKANSAS THIRD DIVISION 2'!13 .';:.'j CITY OF LITTLE ROCK PLAAIMFP! VS. CASE NO. E-11358 to E-113421 STONECREST APARTMENTS, 9700 BASELINE ROAD DEFENDANT ORDER Comes now on this 16th Day of January 2013, the above -captioned case. Based upon the representations of counsel for both the Plaintiff and the Defense, this Court finds and orders as follows: 1. That the apartments known as Stonecrest Apartments, located at 9700 Baseline Road constitute a threat to the health, safety and welfare of the tenants and the community at large. 2. That the only way to eliminate the aforementioned threat to the health, safety and welfare of the tenants and the community is to order that the property be closed, vacated, boarded and secured. 3. The Defendant is hereby ordered to immediately board and secure all vacant 1 f apartments. 4. Stonecrest Apartments is ordered to be closed immediately and its tenants evacuated for a period of time to allow the Defendant to bring all structures and rooms into compliance with the Fire, Maintenance, Building, Electrical, Mechanical, and Plumbing Codes, 5. Stonecrest Apartments is ordered, upon the vacancy of any apartment unit, to immediately board and secure the unit that has become vacant. 1 6. Stonecrest Apartments is barred from leasing any apartment unit out for occupancy, or allowing or permitting any person or persons to occupy same, until such time as this Court orders otherwise. 7. Should the Defendant, or any of its successors, heirs, assigns or agents make substantial repairs to any building, such that the Defendant wishes to resume leasing operations, the Defendant may request an inspection from the City to determine if the structures at Stonecrest Apartments are in compliance with the minimum standards set forth in the Fire, Maintenance, Building, Electrical, Mechanical and Plumbing Codes as adopted by the City of Little Rock. 8. Upon such a request, as outlined in Paragraph 7, the City shall inspect all structures and rooms to determine if Stonecrest Apartments is in compliance with the minimum standard of the Fire, Maintenance, Building, Electrical, Mechanical, and Plumbing Codes as adopted by the City of Little Rock. 9. After the City has inspected and determined that all structures and rooms at the Stonecrest Apartments are in compliance with the Fire, Maintenance, Building, Electrical, Mechanical, and Plumbing Codes as adopted by the City of Little Rock, either party may petition the Court for a status hearing. 10. The structures and rooms at Stonecrest Apartments shall remain closed until the Court issues a ruling otherwise. 11. It is the intent of this Court that all structures, rooms, buildings, and apartment units located at the Stonecrest Apartments are to be encompassed by this Order. 2 IT IS SO ORDERED. Prepared by: D. Clifford Sward Deputy City Attorney 500 W. Markham, Suite 310 Little Rock, AR 72201 (501) 371-4527 District Court Judge Date: /� /� —/ -3 3 4 I 4 , 0 . M't vr 0 Aw. am I 7 fi i � 'x i � t . i' - '! r.. f � � \ k \ . 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