HomeMy WebLinkAboutS-0038-C ApplicationCHISENHALL, NESTAUD & JULIAN, P.A.
ATTORNEYS AT LAW
FIRST COMMERCIAL BANK BUILDING
400 WEST CAPITOL, SUITE 2840
LITTLE BOCK, ARKANSAS 72201
TELEPHONE (501) 372-5800
FAX (501) 372-4941
May 6, 1997
Mr. Larry Jones
Subdivision Administrator
c/o Little Rock Planning & Development Dept.
723 W. Markham
Little Rock, AR 72201
Re: Marlowe Manor Subdivision, Little Rock, Arkansas
Dear Mr. Jones:
This firm has been retained by certain residents of the Marlowe Manor subdivision to
assist them with the amendment of the Bills of Assurance for the five (5) phases of the
development. The proposed amendment, a copy of which is enclosed, would increase the
assessment charged against each property owner for the purposes of maintaining common areas,
including the subdivision swimming pool. The purpose of this letter is to request that the Little
Rock Planning Commission approve this proposed change.
Each of the Bills of Assurance requires, as prerequisites to amendment, that at least
eighty percent (80%) of lot owners agree to the change, and, further, that Little Rock Planning
Commission approve the change. For your information, I am enclosing copies of the Bills of
Assurance for each of the phases. I am also enclosing copies of the signatures of at least eighty
percent (80%) of the owners evidencing their approval to the proposed amendment. Finally, I
am enclosing a Section Map of the City of Little Rock depicting Marlowe Manor. I would like
to request approval by the Planning Commission of the proposed change in accordance with the
requirements set forth in the Bills of Assurance. Should you need additional information, or
should additional steps be necessary in order to secure this approval, please let me know.
Thank you very much for your time and attention. Please do not hesitate to contact me
should you have any further questions or comments.
Sincerely yours,
CHISENHALL, NESTRUD & JULIAN, P.A.
ulian
JLJ/dm
marlowe ltr
--�-724q`f(
City of Little Rock
Departmenlof Planning and DevelopmentPlanning
Zoning and
723 West Markham Subdivision
Little Rock, Arkansas 72201-1334
(501) 371-4790
May 12, 1997
Mr. Jim L. Julian
Chisenhall Law Firm
First Commercial Bank Building
400 West Capitol Avenue, Suite 2840
Little Rock, AR 72201
RE: Marlowe Manor Subdivision Amendment to current Bills of Assurance
Dear Mr. Julian:
The purpose of this communication is to respond to your letter of May 6, 1997 to
Mr. Larry Jones of this office. I have discussed your information request with Steve
Giles, of the City Attorney's Office, and we have determined that the Planning
Commission will not be required to hold a public hearing for purposes of authorizing the
proposed amendments.
It is current policy for staff, meaning Mr. Jones, to sign a bill of assurance amendment
wherein the only modification proposed is a standard that the City of Little Rock cannot
or did not impose. Expanding the various requirements or fees for membership in the
association would fall in this category. Assuming your bills of assurance for all five
phases do not encroach upon such items as minimum lot size widths and building
setbacks, the staff will sign these instruments for recording with the Circuit Clerk. The
signing of bills of assurance has for many years been delegated to the staff by the
Planning Commission as an administrative authority. Although many older bills of
assurance contained the amendment clause requiring commission approval, that has not
been the practice of this office or the Planning Commission.
We are prepared to authorize your instruments for filing as such time as you present the
originals to Mr. Jones or to me. If you require further information on your request, do
not hesitate to contact my office.
Sincerely,
Ri PardWood, Manager
Zoning and Subdivision Division
cc: Larry Jones
Marlowe Manor Subdivision Case File
CHI SENHALL, NESTRUD & JULIAN, P.A.
ATTORNEYS AT LAW
FIRST COMMERCIAL BANK BUILDING
400 WEST CAPITOL, SUITE 2840
LITTLE ROCK, ARKANSAS 72201
TELEPHONE (501) 372-5800
FAX (501) 372-4941
May 20, 1997
Mr. Gary Scharf
NOVARTIS
P. O. Box 23810
Little Rock, AR 72221
Re: Marlowe Manor Subdivision
Dear Gary:
Enclosed herewith please find the documentation which you provided to me for
the amendments to the Bill of Assurance for all five (5) phases of the Marlowe Manor
residential subdivision. These documents have been approved by the City of Little
Rock Planning Commission and have been filed of record with the Clerk and Recorder
for Pulaski County. Therefore, the Bills of Assurance have now been officially amended
and the assessments which are provided for in these Bills of Assurance can be
implemented.
It has been a pleasure working with you and Tom Oliver with regard to this
matter. I am providing the original documents to you for your safekeeping. I have
retained a copy in my files in the event that there is some need to reference these
documents in the future. Thank you very much for your assistance.
Sincerely yours,
CHISENHALL, NESTRUD & JULIAN, P.A.
.. lian
JLJ/dm
Enclosures
cc: Mr. Tom Oliver
marlowe manor.ltr
bcc: Mr. Larry Jones
97 031270
AMENDMENT TO BILL OF ASSURANCE`S �l
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, we the undersigned property owners in Marlowe Manor
Addition, Phase I , Little Rock, Pulaski County, Arkansas wish to amend the present Bill
of Assurance filed and recorded June 12, 1974 with the Clerk of the Circuit Court of the
County of Pulaski in the State of Arkansas at Book 1297, Pages 235-241.
NOW THEREFORE WITNESSETH: THAT said Bill of Assurance, as
previously amended, be now hereby further amended as follows:
A.) The previous Amendment to the Bill of Assurance. filed and recorded on
May 13, 1981, with the Clerk of the Circuit Court of the County of Pulaski in the State of
Arkansas as Document Number 81-19026, is hereby canceled and superseded by this
Amendment to Bill Of Assurance.
B.) Existing Section Number Fifteen (15) to the original Bill of Assurance is
hereby cancelled and replaced by the following:
"There shall be a mandatory assessment, to be in the amount of $35.00 for each
calendar year, payable by the owner of each lot in Phase Of that area described as
Marlowe Manor,. This assessment is payable by the first day of June of each calendar
year and is to be paid to the Association known as the Marlowe Marlowe Property
Owners' Association. Failure to pay the applicable assessment by any owner of real
property within the aforementioned area will result in a lien on that property placed by
the Board of Directors of the Marlowe Marlowe Property Owners' Association for that:
given year or years that the aforesaid assessment has not been paid. That assessment fo-r
that given year or years must be paid in full before any legal transaction to transfer the_
deed for that property can take place. Monies derived from such assessment shall be
used for financing of all works, improvements, and maintenance of those areas, of
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property considered as common property in the aforementioned subdivision. However, Z,
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this shall not include the normal and customary annual ape wfitenance
expenses of the subdivision swimming pool, such as cost$' e xf 1°tfi-.guards'
salaries. Payment of this assessment entitles each owns ' rvMarlowe
Manor to be considered a member in good standing ofih-eweVadr ieity
Owners' Association and entitles that member to all ' These
covenants and restrictions shall not be amended, cane d -r sixpp efbeit�feti Unless an
instrument signed by the owners of at least fifty (50) pelrcent of the aore;saidlot:s is
placed on record agreeing to change the covenants and restrictions in w616.or in part and
any change must be approved by the Little Rock Planning Conte Sian:`
The following attached certified signatures of Property Owners in Phase I
of Marlowe Manor Addition to the City of Little Rock, Pulaski County, Arkansas do
approve this amendment.as_attached,hereto and made a part of this filing document.
APPROVED BY CITY OF LITTLE ROCK
PLANNING COMMISSION
f Y:
Larry Jones, Dept. of
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97 031270
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97 Q 312'71
AMENDMENT TO BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, we the undersigned property owners in Marlowe Manor
Addition, Phase II , Little Rock, Pulaski County, Arkansas wish to amend the present
Bill of Assurance filed and recorded June 9, 1977 with the Clerk of the Circuit Court of
the County of Pulaski in the State of Arkansas at Book 443 Pages 537-545.
NOW THEREFORE WITNESSETH: THAT said Bill of Assurance, as
previously amended, be now hereby further amended as follows:
A.) The previous Amendment to the Bill of Assurance, filed and recorded on
May 13, 1981, with the Clerk of the Circuit Court of the County of Pulaski in the State of
Arkansas as Document Number 81-19026, is hereby canceled and superseded by this
Amendment to Bill Of Assurance.
B.) Existing Section Number Sixteen (16) to the original Bill of Assurance is_
hereby cancelled and replaced by the following:
"There shall be a mandatory assessment, to be innl!
cunt of $35.00 for each'
calendar year, payable by the owner of each lot in Phasethat area described as
Marlowe Manor,. This assessment is payable by the first day of June of each calendar
year and is to be paid to the Association known as the Marlowe Marlowe Property
Owners' Association. Failure to pay the applicable assessment by any owner of real
property within the aforementioned area will result in a lien on that property placed by
the Board of Directors of the Marlowe Marlowe Property Owners' Association for that
given year or years that the aforesaid assessment has not been paid. That assessment for
that given year or years must be paid in full before any legal transaction to transfer the
deed for that property can take place. Monies derived from such assessment shall be
used for financing of all works, improvements, and maintenance of those areas of
property considered as common property in the aforementioned subdivision. However,
this shall not include the normal and customary annual operating and maintenance
expenses of the subdivision swimming pool, such as costs for chemicalS06
xds'
salaries. Payment of this assessment entitles each owner of real& V 8�
Manor to be considered a member in good standing of.the Marlpt�
Owners' Association and entitles that member to all privilegesa
covenants and restrictions shall not be amended, canceled or s "
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instrument signed by the owners of at least fifty (50) percent dtla
placed on record agreeing to change the covenants and restricti� pacl
any change must be approved by the Little Rock Planning Commf7i"''�ffi��„`
The following attached certified signatures of Property Owners in Phase II of
Marlowe Manor Addition to the City of Little Rock, Pulaski County, Arkansas do
approve this amendment as 7attached'hereto and made a part of this filing document.
APPROVED BY CITY OF LITTLE ROCK
PLANNING COMMISSION
BY:
Larry Jones, Dent. of-
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9'� U31272 P/74se
AMENDMENT TO BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, we the undersigned property owners in Marlowe Manor
Addition, Phase III , Little Rock, Pulaski County, Arkansas wish to amend the present
Bill of Assurance filed and recorded Jan. 9, 1978 with the Clerk of the Circuit Court of
the County of Pulaski in the State of Arkansas as Filing No. 78-01115 at 0045-00053.
NOW THEREFORE WITNESSETH: THAT said Bill of Assurance, as
previously amended, be now hereby further amended as follows!
A.) The previous Amendment to the Bill of Assurance, filed and recorded on
May 13, 1981, with the Clerk of the Circuit Court of the County of Pulaski in the State of
Arkansas as Document Number 81-19026, is hereby canceled and superseded by this
Amendment to Bill Of Assurance.
B.) Existing Section Number Fifteen (15) to the original Bill of Assurance is-?
hereby cancelled and replaced by the following: } `2
"There shall be a mandatory assessment, to be in the —amount of $35.00 for eaq
calendar year, payable by the owner of each lot in Phase III f that area described ER
Marlowe Manor,. This assessment is payable by the first day of June of each calendar :r, U
year and is to be paid to the Association known as the Marlowe Marlowe Property 1 ?,
Owners" Association. Failure to pay the applicable assessment by any owner of real ''w
property within the aforementioned area will result in a lien on that property placed by' °O
the Board of Directors of the Marlowe Marlowe Property Owners' Association for that
given year or years that the aforesaid assessment has not been paid. That assessment for
that given year or years must be paid in full before any legal transaction to transfer the
deed for that property can take place. Monies derived from such assessment shall be
used for financing of all works, improvements, and maintenance of those areas of
property considered as common property in the aforementioned subdivision. However,
this shall not include the normal and customary annual operating:ag mauttenannce
expenses of the subdivision swimming pool, such as costs for c �_69_s._-and-.lifeguards'
salaries. Payment of this assessment entitles each owner oar
1n Marlowe
?PY -
Manor to be considered a member in good standing of the . v rt &'property
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Owners' Association and entitles that member to all privirig)zZs #liereo£ These
covenants and restrictions shall not be amended, cancel e eked unless an
instrument signed by the owners ofat least fifty (50) percto is
placed on record agreeing to change the covenants and resor in part and
any change must be approved by the Little Rock Planning Coi�y�4oi`�
The following attached certified signatures of Property Owners in Phase III of
Marlowe Manor Addition to the City of Little Rock, Pulaski County, Arkansas do
approve this amendment as attached hereto and made a part of this filing document.
APPROVED BY CITY OF LITTLE ROCK
PLANNING COMMISSION
Larry Jones, Dept. o
Planning and Development
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97 031272
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(( Signature Page for Amendment to Bill Of Assurance ))
NAME ADDRESS
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(( Signature Page for Amendment to Bill Of Assurance ))
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9,7 031274
AMENDMENT TO BILL OF ASSURANCE6
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, we the undersigned property owners in Marlowe Manor
Addition, Phase IV , Little Rock, Pulaski County, Arkansas wish to amend the present
Bill of Assurance filed and recorded August 2, 1984 with the Clerk of the Circuit Court
of Pulaski County in the State of Arkansas as Document No. 84-47938 (Plat B-289).
NOW THEREFORE WITNESSETH: THAT said Bill of Assurance, as
previously amended, be now hereby further amended as follows:
Existing Section Number Thirteen (13) to the original Bill of Assurance is
hereby cancelled and replaced by the following:
"There shall be a mandatory assessment, to be in th aunt of $35.00 for each
calendar year, payable by the owner of each lot in Phas I pylof
' that area described as
Marlowe Manor,. This assessment is payable by the fast June of each calendar r year and is to be paid to the Association known as the Marlowe Marlowe Property
Owners' Association. Failure to pay the applicable assessment by any owner of real`"r'
property within the aforementioned area will result in alien on that property placed by
the Board of Directors of the Marlowe Marlowe Property Owners' Association for that o
given year or years that the aforesaid assessment has not been paid. That assessment for
that given year or years must be paid in full before any legal transaction to transfer the
deed for that property can take place. Monies derived from such assessment shall be
used for financing of all works, improvements, and maintenance of those areas of
property considered as common property in the aforementioned subdivision. However,
this shall not include the normal and customary annu,vyting and maintenance
expenses of the subdivision swimming pool, su�+i°` +6 is air .cats and lifeguards'
salaries. Payment of this assessment entitles m rdperty in Marlowe
Manor to be considered a member in good �4 .io -Manor Property
Owners' Association and entitles that meml t .,gno_ rights thereof. These
covenants and restrictions shall not be amei bbrpsupplem nted unless an
instrument signed by the owners of at least tke aOresaid lots is
placed on record agreeing to change the cov t j# whole or in part and
any change must be approved by the Little Roc ssion."
The following attached certified signatures of Property Owners in Phase IV
of Marlowe Manor Addition to the City of Little Rock, Pulaski County, Arkansas do
approve this amendment as attached hereto and made a part of this filing document.
APPROVED BY CITY OF LITTLE ROCK
PLANNING COMMISSION
rind
Larry Jones, Dept o
Planning and Development
..q
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9'7 031L274
(( Signature Page for Amendment to Bill Of Assurance ))
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312'73 014 s e 7 �v
AMENDMENT TO BILL OF ASSURANCE �•
KNOW ALL MEN BY THESE PRESENTS: (?
THAT, WHEREAS, we the undersigned property owners in Marlowe Manor
Addition, Phase V , Little Rock, Pulaski County, Arkansas wish to amend the present
Bill of Assurance filed and recorded April 18, 1986 with the Clerk of the Circuit Court of
the County of Pulaski in the State of Arkansas as Document No. 86-21884 (Plat B-851).
NOW THEREFORE WITNESSETH: THAT said Bill of Assurance, as
previously amended, be now hereby further amended as follows:
Existing Section Number Thirteen (13) to the original Bill of Assurance is
hereby cancelled and replaced by the following:
"There shall be a mandatory assessment, to be in t"ount of $35.00 for each;
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—
calendar year, payable by the owner of each lot in Phase V ct that area described as ':
rn
Marlowe Manor,. This assessment is payable by the first day of June of each calendar
year and is to be aid to the Association known as the Marlowe Marlowe Property
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Owners Association. Failure to pay the applicable assessment by any owner of real ::;o
property within the aforementioned area will result in a lien on that property placed by-<
C-3
the Board of Directors of the Marlowe Marlowe Property Owners' Association for that' m
given year or years that the aforesaid assessment has not been paid. That assessment for
U
that given year or years must be paid in full before any legal transaction to transfer the
`
deed for that property can take place. Monies derived from such assessment shall be
used for financing of all works, improvements, and maintenance of those areas of
property considered as common property in the aforementioned subdivision. However,
this shall not include the normal and customary annual operating and ni ` &%rice
expenses of the subdivision swimming pool, such as costs for cWical ~ d;�4feguards'
salaries. Payment of this assessment entitles each owner of real , ariowe "
Manor to be considered a member in good standing of the.MaGr�j: lrperty
ht
Owners' Association and entitles that member to all rivile These
; p ga,�_ �h
;thereo£
covenants and restrictions shall not be amended, canceled or a e;it d uziless an
instrument signed by the owners of at least fifty (50) percent aid lots is
placed on record agreeing to change the covenants and restrict'03 mi gr'in part and
"—
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any change must be approved by the Little Rock Planning Commigsi
The following attached certified signatures of Property. Owners in Phase V
of Marlowe Manor Addition to the City of Little Rock, Pulaski County, Arkansas do
approve this amendment as attached hereto and made a part of this filing document.
APPROVED BY CITY OF LITTLE ROCK
PLANNING COMMISSION
BY:
Larry Jones, Dept. o
�� Planning and Development
1.
2.
3.
4.
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6.
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97 031273 C, FF�l`J
(( Signature Page for Amendment to Bill Of Assurance ))
NAM ADDRESS
Mo r rises Kd .
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