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HomeMy WebLinkAboutS-0643-D Application5-� WHITWELL & RYLES REAL ESTATE INVESTMENTS, LLC REALTORS@ 2900 Percy Machin Drive a No. Little Rock, AR 72114 Office: 501-771-6950 • Fax: 501-771-2056 April 28, 2006 Ms. Donna James Subdivision Administrator Planning Department City of Little Rock 723 W. Markham Little Rock, AR 72201 RE: Lot 80, Whispering Pines (Unrecorded) / Lot 43, Whispering Oaks Dear Ms. James, This letter is a follow-up to our conversation in your office last October. I own Lot 80, Whispering Pines (Unrecorded). Jay Hobbs Construction, Inc. believing they owned this property had it re -platted as part of Whispering Oaks Subdivision in the City of Little Rock. Attached for your information is a letter dated October 13, 2005, that I mailed to Jay Hobbs Construction, Inc. shortly after we visited in your office concerning this cloud on my title. A followed -up identical letter dated October 19, 2005 was sent to Mr. Hobbs home. There has been no response to either letter. I am just getting a good ignoring from the construction company. The plat is a major cloud on my title and this letter is an "Official Request" that the City of Little Rock cause this plat to be amended to remove the cloud from my property. Donna, as always I appreciate your fine work and cooperation. Should you desire any additional information please call me. Sincerel ohn A. Ryles REALTOR Attachment: Letter of October 13, 2005 RYLES REAL ESTATE COMPANY JOHN A. RYLES REALTOR 10426 Plantation Lake Drive P.O. Box 97 Scott, AR 72142 501-961-1045 Office ■ 501-681-8886 Cellular 501-961-1046 Fax rylesrealestate@aol.com October 13, 2005 Jay Hobbs Construction, Inc. 3013 Tatum Street Little Rock, AR 72204 RE: Lot 80, Whispering Pines (unrecorded), AKA Lot 43, Whispering Pines Subdivision, Little Rock, Pulaski County, Arkansas. Dear Mr. Hobbs, The Pulaski County Assessors office recently made me aware that you had filed a 43 lot plat for a parcel of property located north of Castle Valley Road in the Coulter Lake Road area. Attached, please find two (2) maps given to me by the staff at the Pulaski County Assessor. It would appear through these maps that you have platted a subdivision which includes property that has belonged to me for three years. A brief recent history of this property starts in 1985 with a Special Warranty Deed from McCracken to Dillon Construction Company; filed as 85-55366. In 1986 there are several documents between Dillon Construction Company and Home Federal Savings and Loan for mortgages and releases. Document number 86-52893, entered Whispering Pines Subdivision (unrecorded) into the Pulaski County real estate records for the first time. On October 16, 1986 a Warranty Deed was issued from Dillon Construction Company to Will W. Deerman, Jr. and Linda Deerman (his wife), to Lot 80, Whispering Pines Subdivision (unrecorded). This Warranty Deed was filed on the 16th day of October, 1986 as 86-65070 on the record of the Circuit Clerk of Pulaski County. Mr. and Mrs. Deerman failed to pay the property taxes on Lot 80, Whispering Pines Subdivision, Phase I, (unrecorded) and the lot was Certified (SOLD) to the State of Arkansas by Pulaski County for the delinquent taxes for the tax year of 1986. Lot 80 was Certified as Code: 129-6 1986, parcel number 45L-088.00-071.01. The State of Arkansas noticed the Deermans of their right to redeem the property. They failed to do so and the property was offered at Public Auction on April 5, 1994. There were no bidders. I made an offer to the Commissioner of State Lands on May 16, 2002 which was accepted and resulted in Limited Warranty Deed number 138619 dated August 2, 2002 and filed as 2002170039 on August 19, 2002. This is the deed which conveyed the Deerman's rights and the State of Arkansas's rights in Lot 80 to me. First National Title Company of Little Rock, Arkansas closed a transaction conveying a sizable portion of property including my Lot 80 from the Lake View County Club, Inc. to Jay Hobbs Construction Company by a Warranty Deed filed on July 22, 2004. On the same day you entered into a mortgage with the Bank of Little Rock for $290,000.00 creating a cloud on my title. Lake View Country Club, Inc. has never owned Lot 80 therefore that portion of your transaction creates a cloud on my title. I visited with Donna James with the City of Little Rock, Planning, who informs me that you have, as a matter of fact, filed a plat on this property which also creates a cloud on my title. Mr. Hobbs, as you now have become aware, these actions have placed three clouds on the title to my property. We need to get together and see what we can work out to solve these problems and remove the clouds from my property. Sincerely, John A. Ryles REALTOR JAR/ dll Attachments (2) CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: WHISPERING OAKS SUB. INSPECTOR REPORT I have made a final inspection of the improvements and find that: All improvements shown on construction drawings for the development are constructed and in conformance with City requirements/standards. Certain Improvements remain uncompleted as follows: S ngineering Specialist 0;W 'led T- t5�? &G—F,F,RINREPORTzs!n� I have reviewed the file for this matter and find that: t� The maintenance bond has been submitted and it is the proper type and amount. Financial assurance for the uncompleted improvements listed above has been received. All a er requirerUnts for final plat approval have been satisfied. t Civil Engineer I/II SURVEYOR'S REPORT I have reviewed the plat and find that: All requirements for final lat approval have been satisfied. Surveyor 7 MANAGER APPROVAL All Civil Engineering requirement or filing this final plat have been satisfied. 2M;6 Design Review Engineer/Civil Engineering Manager October 2004 D Jun. 8-_2005\4 1 35PM a = 2021', R = 305.00' L = 108.35' T = 54.75' C = 107.78' Jv DEDICATION LRWU PERMITS C,. ..� T 0 = 69'38'42" R = 95.00' L = 115.48' T = 65.05' C = 108.50' CURVE # 3 A = 40'42'34" R = 1 35.00' L = 95.92' T = 50.08' C = 93.91' No 2738 -P. I� \Ns, (5 o s 4,-- 426-00 .58'; 30.00'; 895.00'; 1 30. 00'; MORE OR LESS DAT \ *?n JUN-13-2005 MON 04:34 PH FAX NO. RIN(-, WJUM l')1-.'RIVF.D r-'r?()M VJAGIS MONUMENT -N Plf-,JS ITSAR) ")ET A] ALL LOT' C013NFRS ,RR(- uQ F OF C1.0SURE EXCEEDS 1/1c)()00 UNADJ lil-ED fAAY BE USED RDR DRAINAGF AND/OR U TILI TIE I') I t,,l E N S i () N N AR[--. CIAORD DISTANCES. IS WITHIN 100 YEAR R.0-01)PLAIN Elf', f'P, .-ANOMi (''i'l"IT'R CM."EK HURT SUITE A UT'11-F R1,00K, ARKANSAS 72210 f- F. 02 Jun. 8. 2005 1:33PM LRWU PERMITS \RING DATUM DERIVED FROM PAGIS MONUMENT------- N PINS (#4 REBAR) SET AT ALL LOT CORNERS EAR ERROR OF CLOSURE EXCEEDS 1 /10000 UNADJUSTED EASEMENTS MAY BE USED FOR DRAINAGE AND/OR UTILITIES DIMENSIONS ON CURVES ARE CHORD DISTANCES. PORTION OF THIS PROPERTY IS WITHIN 100 YEAR FLOODPLAIN No 2737 P I ao a FINAL PLAT ERING OAKS SUBDIVISION 'TLE ROCK, ARKANSAS Pill i I! I - ;I I M My NO "am N wkuult:��Wr lli�l # 10 OTTER CREEK COURT SUITE A LITTLE ROCK, ARKANSAS 72210 PHONE 501-455-8899 - 'ay 45-5-- g'7 Z' \Y 24, 2005 I. �-. -' - r, ► 1 ^ 17'1 1 A f !- f 2005068011 08/12/2005 09:03:26 AM Filed 8 Recorded in Official Records of U _ LA (� PAT O'BRIEN I t PULA5KI COUNTY BILL OF ASSURANCSUIT/COUNTY CLERK WHISPERING OAKS SUBDIVISION LITTLE ROCK, ARKANSAS KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Jay Hobbs, hereinafter called "Allotter", is the owner of lands lying in the County of Pulaski, State of Arkansas, described as follows: PROPERTY DESCRIPTI0N PART OF THE SOUTH HALF OF THE NE 1/4, SECTION 14, T-1—S, R-13--W, PULASKI COUNTY, LITTLE ROCK, ARKANSAS. MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE CENTER OF SECTION 14, T-1—S, R-13—W; THENCE S 88'24'04" E 426.00 TO THE POINT OF BEGINNING THENCE N 01'35'56" E 30,00'; THENCE N 13'22'02" E 122-58'; THENCE N 01°35'56" E 642.05'; THENCE N 29'04'07" W 43.44'; THENCE S 86'40'52" W 30.00'; THENCE N 03'27'18" E 125.00'; THENCE N 45'08'52" E 130.00'; THENCE S 47'41'30" E 895.00'; THENCE S 10'29'59" E 119.28'; THENCE S 21'57'12" W 230.00'; THENCE S 01'35'56" W 130.00" THENCE N 88'24'04" W 690.00' TO THE POINT OF BEGINNING CONTAINING 12.748 ACRES MORE OR LESS WHEREAS, it is deemed desirable that the above described property be now subdivided into building lots and streets, as shown on the plat filed herewith as more particularly designated hereinafter, and that said property be held, owned and conveyed subject to the protective covenants herein contained, in order to enhance the value of said property. NOW, THEREFORE, for and in consideration of the benefits to accrue to Jay Hobbs, its successors and assigns, which benefits it acknowledges to be of value, has caused to be made a plat filed herewith showing surveys made by Robert C. Lowe, Jr., Registered Surveyor, and executed by him 20 , executed by it and bearing a certificate of approval executed by the Little Rock Planning Commission, said plat showing the bounds and dimensions of the property now being subdivided into lots and streets, described by lots and streets as shown thereon. Allotter hereby donates and dedicates to the public and easement of way on and over such of the real property owned by it designated as streets on said plat to be used by the public as public streets. In addition to the said streets, there are shown on said plat certain easements for drainage and utilities which Allotter hereby donates and dedicates to and for the use by public utilities, the same being without limiting generality of the foregoing electric power, gas, telephone, water and sewer, with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities, to use and occupy such easements, and to have free ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility services. The filing of this Bill of Assurance and Plat for Record in the office of the Circuit County Clerk of Pulaski County shall be valid and complete delivery and dedication of the streets and easements subject to the limitations herein set out. The lands embraced in said plat shall be forever known as Whispering Oaks, Little Rock, Arkansas being a Subdivision in Section 14, Township 1 South, Range 13 West, Pulaski County, Arkansas, and any and every deed of conveyance of any lot in said subdivision describing the same by the number or numbers shown on said plat shall always be deemed a sufficient description thereof. Said lands herein platted and any interest therein shall be held, owned and conveyed, subject to and in conformity with the following covenants which, subject to being amended or canceled as hereinafter provided, shall be and remain in full force and effect until July 1, 2020, and thereafter for successive periods of ten years each, unless terminated or canceled as herein provided. DEFINITION OF TERMS USED For the purpose of these restrictions, the word "street" shall mean any street, terrace, drive, circle or boulevard. The word "lot" shall mean lot as platted. A "corner lot" shall be deemed to be any lot platted having more than one street contiguous to it. RESTRICTIONS 1. Use of Land. None of the lots may be improved, used or occupied for other than private residence purposes, and no duplex, flat, apartment or condominium, although intended for residence purposes, may be erected or maintained thereon. 2. Architectural Committee. No building or other structure shall be erected, placed or altered on any lot or tract designated as Reserved in this subdivision until the building plans and specifications therefore, exterior color scheme and materials thereof, and plot plan, which plot plans show the location and facing of such building, have been approved in writing by a majority of an architectural committee composed of or their duly authorized representatives, representative or successors. In the event of the death or resignation of any member or members of the above -named committee, the remaining member or members shall have full authority to approve to disapprove such plans, specifications, color scheme materials and plot plan, or to designate a representative or representatives with like authority to fill any vacancy or vacancies created by the death or resignation of any of the aforesaid members, and said newly appointed members or member, shall have the same authority hereunder as their predecessors as above set forth. In the event the architectural committee fails to approve or disapprove any such plans, specifications, color scheme, materials and plot plans submitted to it as herein required within thirty (30) days after such submission or in the event no suit to enjoin the erection of such building or the making of such alterations has been commended prior to the completion thereof, such approval shall not be required and this covenant shall be deemed to have been fully complied with. The architectural committee shall not be liable for any approval given hereunder and any approval given shall not be considered as a waiver of any requirement of or restriction in this Bill of Assurance. Nothing herein contained shall in any way be deemed to prevent any of the owners of property in this subdivision from maintaining any legal action relating to the improvements within this subdivision which they would otherwise be entitled to maintain. 3. Height and Type of Residence. No residence shall be erected, altered, placed or permitted to remain on any lot numbered in Whispering Oaks, Little Rock, Arkansas other than one detached single-family residence not to exceed two and one-half stories in height or a split-level residence and a private garage for not less than two (2) cars. 4. Subdivision of Lots. No lot shall be re -subdivided such that the result of said subdivision decreases the area of said lot by more than ten percent (10%) without the prior written approval of the Architectural Committee; provided, however, lots may be split to increase the size of adjacent lots. 5. Setback Requirements. No residence shall be located on any lot nearer to the front lot line or nearer to the said street line than the minimum building setback lines shown on the recorded plat. No building shall be located nearer to an interior lot line than a distance of ten percent (10%) of the average width of the lot except that a permitted accessory building located 35 feet or more from the minimum building setback line may be placed not nearer than 5 feet from the side or rear lot line. No principal dwelling shall be located on any lot nearer than 25 feet to the rear lot line. For the purposes of this covenant, eaves, steps, and porches not under roof not be considered as a part of the building. 6. Area. No dwelling shall be constructed or permitted to remain upon any lot in this subdivision which has a finished heated living area measured in a horizontal plane to the face of the outside wall at the top plate line of such dwelling less than 1,300 square feet, except as provided hereinafter: (a) Two or More Levels - Basement Lpe. If a dwelling has finished heated living area on a different level, and the finished floor levels of such areas are separated by more than eight feet measured vertically, then such dwelling shall have at least 1,200 square feet of finished heated living area measured in a horizontal plane to the face of the outside wall at the top plate line of such dwelling, and shall have at least a total of 1,850 square feet of finished heated living area; however, the top plate line amount of floor space may be reduced from 1,200 square feet of finished heated floor space to 1,000 square feet of finished heated floor area, if the double garage area of not less than 450 square feet is also on the top plate line level, and the total heated finished area in the dwelling is not less than 1,900 square feet of floor space. (b) Two Stott' and Stony -and -a Hat . If a dwelling has finished heated living areas on two or more levels or stories, which levels or stories are immediately above and below each other measured vertically and all of such levels or stories are above the finished exterior grade of such dwelling, then such dwelling shall have at least 950 square feet of finished heated living area measured in a horizontal plane tot he face of the outside wall at the top of plate line of the first level or story of such dwelling and shall have at least a total of 1,850 square feet of finished heated living area, provided, however, that the top story or level may have less than 700 square feet of finished heated living area if the first level or story shall have at least 1,200 square feet of finished heated living area measured in a horizontal plane to the face of the outside wall of the first level or story of such dwelling and such dwelling shall have at least a total of 1,850 square feet of finished heated living area. In the computation of finished heated living area, the same shall not include any basement or attic area used for storage. All dwellings shall have an attached carport or garage for at least two automobiles. 7. Exterior Finish. All single story residences shall have a minimum of 30% of exterior walls of approved masonry finish. Two-story and two -and -a -half -story residents shall be exempt from any masonry finish requirements. 8. Commercial Structures. No building or structure of any sort may ever be placed, erected or used for business, professional, trade or commercial purposes on any portion of any lot. This prohibition shall not apply to any business or structures that may be placed on any lot or portion of a lot that is used exclusively by a public utility company in connection with the furnishing of public utility service to the Whispering Oaks, Little Rock, Arkansas. 9. Outbuildings Prohibited. No outbuilding or other detached structure appurtenant to the residence may be erected on any of the lots hereby restricted without the consent in writing of the Architectural Committee. 10. Livestock and Poultry Prohibited. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot or part thereof, except that dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for commercial purposes. 11. Noxious Activity. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any trash, ashes, or other refuse be thrown, placed or dumped upon any vacant lot, nor shall anything ever be done which may be or become an annoyance or nuisance to the neighborhood. No vehicle may be stored or allowed to be parked on any lot unless said vehicle is in evident good operative condition. 12. Billboards Prohibited. The construction or maintenance of billboards or advertising boards or structures or signs on any lots is specifically prohibited except that billboards, advertising boards, structures, or signs used by the Allotter advertising the sale or rental of such property during the construction and sales period are permitted provided they do not exceed 5 square feet in size or signs approved by the Architectural Committee displaying the name of a residential complex, commercial establishments, parking instructions or regulations relating to the use of recreation facilities. 13. Oil and Mineral Operations. No oil drilling, oil development operating, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any building site, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any building site. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any building site. 14. Cesspool. No leaching cesspool shall ever be constructed or used on any lot. 15. Existing Structure. No existing erected building or structure of any sort may be moved onto or placed on any of the above -described lots. 16. Temporary Structures. No trailer, basement, tent, shack, garage, barn or other outbuilding other than a guest house and servants' quarters erected on a building site covered by these covenants shall at any time be used for human habitation, temporary or permanently, nor shall any structure of a temporary character be used for human habitation. 17. Easements for Public Utilities. Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have heretofore been donated and dedicated, said easements being of various widths, reference being hereby made to the plat filed herewith for a more specific description of width and location thereof. In the event any trees, shrubbery, incinerators, structures, buildings, fences, pavement or similar improvements shall be grown, built or maintained within the area of such easements, no person, firm or corporation engaged in supplying public utility services shall be liable for this destruction of same in the installation, maintenance, repair or replacement of any utility service located within the area of such easement. 18. Fences and Mail Boxes. No fences, enclosure or part of any building of any type or nature whatsoever shall ever be constructed, erected, placed or maintained closer to the front lot line than the building setback line applicable and in effect as to each lot; provided, however, that it is not the intention of this paragraph to exclude the use of evergreens or other shrubbery to landscape front yards. All fences shall be of wood, masonry, or wrought iron construction and their design shall be approved by the Architectural Committee. Mail boxes, so long as they are located at the street, shall be constructed in conformance with design criteria adopted by the Architectural Committee. Moreover, no automobile, truck, trailer, boat, tent or temporary structure of any nature whatsoever, shall ever be parked, located, or otherwise maintained on any lot unless the Architectural Committee has approved said parking, location or maintenance together with any restrictions the Architectural Committee deems appropriate, provided that it is not the intention of this paragraph to exclude the temporary parking of passenger automobiles or trucks one-half ton or smaller in size on any portion of the garage driveway. 19. Sight Line Restriction. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations of more than thirty (30) inches above roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property line and a line connecting them at points fifty (50) feet from the intersection of the street line, or in the case of a rounded property corner, within the triangle formed by tangents to the curve at its beginning and end, and a line connecting them at points fifty (50) feet from their intersection. The foliage line of any tree located within such distances of such intersections must be maintained at a height of not less than eight (8) feet from the adjacent roadway to prevent obstruction of such sight lines. 20. Property Lines and Boundaries. Iron pins have been set on all lot corners and points of survey and all lot dimensions shown on curves and chord distances, and all curve data as shown on the attached plat filed herewith is center line curve data. In the event of minor discrepancies between the dimensions or distances as shown on the attached plat and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. 21. Right to Enforce. The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns, and all parties claiming by, through or under it shall be taken to hold, agree and covenant with the owner of the lots hereby restricted, and with its successors and assigns, and with each of them to conform to and observe said restrictions, as to the use of said lots and the construction of improvements thereon, but no restrictions herein set forth shall be personally binding upon any corporation, person or persons, except in respect to breaches committed during its, his or their seizing of title to said land, and Jay Hobbs, its successors and assigns, and also the owner or owners of any of the lots hereby restricted shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the restrictions above set forth, in addition to ordinary legal action for damages and failure of Jay Hobbs, its successors and assigns, or any owner or owners of any lot or lots in this subdivision to enforce any of the restrictions herein set forth at the time of its violation shall, in no event to be deemed to be a waiver of the right to do so thereafter. Jay Hobbs, may, by appropriate agreement made expressly for that purpose, assign or convey to any person or corporation all of the rights, reservations and privileges herein reserved by it, and upon such assignment or conveyance being made, its assigns or grantees may at their option exercise, transfer or assign these rights or any one or more of them at any time or times in the same way or manner as though directly reserved by them or it in this instrument. 22. Modification of Restriction. Other than for amendments covered under paragraph four of this document, any and all of the covenants, provisions or restrictions set forth in this Bill of Assurance may be amended, modified, extended, changed or canceled in whole or in part, by a written instrument signed and acknowledged by the owner or owners of more than eighty percent (80%) in area of the land in this subdivision, and the provisions of such instrument so executed shall be approved by the Little Rock Planning Commission and shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. These covenants, restrictions and provisions of this instrument shall be deemed covenants running with the land and shall remain in full force and effect as hereinabove and upon the expiration thereof on July 1, 2020, shall automatically be continued thereafter for successive periods of ten (10) years each, unless terminated or canceled as herein provided. 23. Separability. Invalidation of any restriction set forth herein or any part thereof by an order, judgment or decree of any Court, or otherwise, shall not invalidate or affect any of the other restrictions or any part thereof as set forth therein, but they shall remain in full force and effect. WITNESS our hand and seals this 2 %1" day of -�v� r/ 20 o 5 Jay Hobbs AA _Y Owner ATTEST: APPROVED: LITTLE ROCK PLANNING COMMISSION M Date Reviewped only for inclusion of minimum standards requires by th;a City of Litlla Rock subdivision regulati0nt• Bill of Assurance provisions establlshsd by tho develops' may Exceed minimum rc;ula;ion:, of Iho Libis ek subdivision and zoning ord#nancen City of Little Rock Planning Co lsoion ACKNOWLEDGMENT STATE OF ARKANSAS) COUNTY OF () On this 'l day of ` , 20 before me, a Notary Public, duly commissioned, qualified and acting within and for the said County and State, appeared in person the within named Jay Hobbs, to me personally well know, who stated that he is the owner, and was duly authorized in his respective capacity to execute the foregoing Bill of Assurance, and further stated and acknowledged that he had so signed, executed and delivered said Bill of Assurance for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of (,l , 20 ©5 OFFICIAL SEAL' Rachel S. Menzies e 4otary Public. State of Arkansas County of Grant My Commission Ex. 03/22/2010 wwwwwww Notary Public - 3 �ao I My Commission Expires City of Little Rock Planning and Development Filing Fees Date: 6 [A 20 L J 5- Annexation Board of Adjustment Cond. Use Permit/T.U.P. Final Plat Planned Unit Dev. Preliminary Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Number -3 at i 5 ea. Public Hearing Signs Number at ea. Total File No. " Location ��`�•� c L� Applicant [mac L�-c By - ko $ 21