HomeMy WebLinkAboutS-0572-A Staff Analysis1. Meeting_pate: August 18, 1987
2. Case No.: 5-572-A
3. Request: To vacate a recorded plat as instructed by
the City Attorney/State Supreme Court.
4. Location: At the southeast corner of State Highway 10
at Misty Lane.
5. Owner: Mr. and Mrs. Bruce Constant
6. Existing Status: Vacant land zoned for "R-2" Single
Family usage.
7. _History: This issue began when the owners of this
property suffered the loss of their residence by fire.
They filed an action with the Planning Commission some
months later to subdivide the large lot into four lots.
The Planning Commission rejected the plat for
incompatibility and other reasons.
A short time later, the Engineer for the owners,
Mr. Bob Richardson, presented a two lot split for
Planning staff review and approval as provided for in
ordinance. The staff approved this plat for recording
after first discussing the matter with the Planning
Commission Chairman and the City Attorney.
An action was filed shortly thereafter in Chancery
Court by area residents claiming violations of the deed
and Bill of Assurance covenants. The Chancery Court
ruled for the neighborhood.
The owner of the property then appealed to the State
Supreme Court. That court affirmed the lower court
ruling in June of 1987, thereby requiring the action
presented to the Board of Directors.
PLANNING COMMISSION ACTION: (7-14-87)
As a result of the litigation in the Constant vs Hodges lot
split on State Highway 10 at Misty Lane has culminated in a
Supreme Court decision in the Chancery case and a summary
judgement in the Circuit Court case. The City is mandated
to vacate the plat of Cantrell Place 1 and 2 which was the
splitting of the lots. In order to vacate a plat properly,
a resolution or motion of the Planning Commission is needed
to go to the Board of Directors for an ordinance vacating
that plat. A motion was then made to follow through as
required recommending the rescinding of the subject plat.
The motion passed by a vote of 9 ayes, 0 noes, 1 absent, and
1 open position.
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE VACATING
OF A SUBDIVISION REPLAT TITLED CANTRELL
PLACE WEST, LOTS 1 AND 2 LOCATED WITHIN
THE CITY OF LITTLE ROCK, ARKANSAS.
WHEREAS, a two lot plat was administratively approved
for recording on December 11, 1984, and placed; of record in
Circuit Court records by Bill of Assurance instrument
84-72874 and Plat Book B at page 411; and
WHEREAS, the administrative approval of Cantrell Place
West, Lots 1 and 2, was authorized by Section 37.16 of the
Code of Ordinances/Ordinance No. 13,556 as amended; and
WHEREAS, subject lot replat constituted a replat of a
record lot lying within the Robinwood Development and
thereby subject to a Bill of Assurance and restrictive
covenats; and
WHEREAS, an action was filed in Chancery Court by
residents of Robinwood Addition seeking invalidation of the
plat and restoration of the land to a single building site;
and
WHEREAS, the Chancery Court ruled in favor of the
appellees; and
WHEREAS, the decision was appealed to the State Supreme
Court which ruled on June 15, 1987, that the title
instruments and Bill of Assurance contains restrictive
covenants that prohibit the action taken by Mr. and
Mrs. Constant to create more than one building site; and
WHEREAS, the vacating of a plat of record may be
accomplished by the passage of an ordinance so directing.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS:
SECTION 1. That the subdivision replat titled
"Cantrell Place West, Lots 1 and 2" be vacated and that the
records of the Circuit Clerk and recorder of Pulaski County
reflect this action.
SECTION 2. That this plat vacation shall take effect
immediately upon the passage of this ordinance.
PASSED:
ATTEST:
City Clerk
APPROVED:
, Mayo r