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HomeMy WebLinkAboutS-0110-A ApplicationKEMP, DTtcKETT, HoPKINS & SPIRADLEY ATTORNEYS AT LAW SUITE 1300 111 GENTER STREET LITTLE RocK, 1iHSANSAS 72201 HAL JOSEPH KEMP, P.A JAMESM.DUGKETT RANDOLPH B. HOPKINS, P.A J. MARK SPRADLEY STEPHEN L. GURRY DONALD K. GAMPBELL, III April 19, 1994 Mr. Bobby Sims Little Rock Planning Little Rock, AR RE: Administrative Replatting of Lot 112, Phase II, Woodland Ridge Subdivision Dear Bobby: TELEPHONE (501) 372-7243 TELEGOPIER (501) 372-5553 I have conferred with Jun Lawson and Richard Wood about the above - referenced administrative replatting and in connection with their comments and instructions to me, I enclose herewith the following: a photocopy of the proposed form of Bill of Assurance to be used in connection with this replatting, three blue line copies of the proposed replatting plan, and finally, the blue line containing the utility sign offs thereon. I understand from my conversation this date with Mr. Richard Wood that you will forward the required number of copies and other documentation to the attention of 'Public Works" in an effort to procure their comments, if any, in connection with this administrative replatting and thereafter, that you will alert me as to the number of copies and originals you need in order to procure final plat approval. -1- RC\W inword\hjkpa\letershk doc April 19, 1994 Please feel free to contact me should you have any question in connection with this matter. Sincerely, KEMP, DUCKETT, HOPKINS IL;O EY P K MP, HJK/ro Enclosures -2- RC\W inword\hjkpa\1etershk. doc THIS INSTRUMENT PREPARED BY: HAL JOSEPH KEMP, P. A. KEMP, DUCKETT, HOPKINS & SPRADLEY ATTORNEYS AT LAW SUITE 1300, 111 CENTER STREET LITTLE ROCK, ARKANSAS 72201 (501)372-7243 BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Sherry Harrelson and David L. Cox, Jr. (hereinafter collectively referred to as "ALLOTTOR", whether one or more) are the owners of the following described real property, to -wit: Lot 112, Phase II, Woodland Ridge Subdivision, An Addition in Pulaski County, Arkansas. WHEREAS, it is deemed advisable that the above described real property shown on the Plat hereinafter mentioned be subdivided into building lots as shown on the attached Plat filed herewith, and that the title to said property be held, owned and conveyed subject to the protective and -1- HCArealtyV&nchim. doc 03/15/9410:05 AM Bill of Assurance: restrictive covenants herein contained, in order to enhance the value of said property. NOW THEREFORE, WITNESSETH: The "ALLOTTOR", for and in consideration of the benefits to accrue to ALLOTTOR, their heirs, successors and assigns, which benefits are hereby acknowledged to be of value, has caused to be made a Plat, filed herewith, showing a survey made by White-Daters & Associates, Inc. by and through Joe D. White, a professional registered surveyor, and Timothy E. Daters, `a� professional registered engineer, dated 1994 and bearing a certificate of approval executed by the Little Rock Planiung Commission and showing the bounds and dimensions of the property now being subdivided into lots. There are shown on the Plat certain easements for drainage, sewer and utilities, which "ALLOTTOR" hereby donates and dedicates to and for use by public utilities, the same being, without limiting the 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 sup- plying 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 sewer and utility services. -2- HCArealtyV&:nchim doc 03/15/9410:05 AM Bill of Assurance: The filing of the Bill of Assurance and the Plat for record in the office of the Circuit Clerk and Ex Ofcio Recorder of Pulaski County, Arkansas, shall be a valid and complete delivery and dedication of the easements, subject to the limitations herein set forth. ALLOTTOR warrants and represents that it has laid off, platted and subdivided, and does hereby lay off, plat and subdivide the lands herein described, in accordance with the aforesaid plat. The lands described herein and embraced in said Plat shall be forever known as Lot 112-A and 112-B, Phase II, Woodland Ridge Subdivision, an Addition in Pulaski County, Arkansas and now in the City of Little Rock, Arkansas; and any and every deed of conveyance of any lot describing the same by the number shown on said Plat shall always be deemed a sufficient description thereof. EXECUTED at Little Rock, Arkansas, this!' day of A 994. Sherry Harrel soo David L. Cox, Jr. -3- HC:\realty\t&nchim doc 03/15/9410:05 AM Bill of Assurance: ACKNOWLEDGMENT STATE OF ARKANSAS) )SS COUNTY OF PULASKI) BE IT REMEMBERED that on this day came before me, a notary public in and for the county and state aforesaid, Sherry Harrelson and David L. Cox, Jr., to me well known or satisfactorily proven as the Allottor in the foregoing Bill of Assurance, and stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN WITN WHEREOF, I have hereunto set my hand and official seal this ; day _ .;�494. Notary Public My commission expires: ref 0003R In HCArealtyV&-nchim. doc 03/1519410:20 AM IN THE CHANCERY COURT OF PULASKI COUNTY, ARKANSAS SIXTH DIVISION TROY & NICHOLS, INC. AND EDWARD R. RIFFEL, TRUSTEE PLAINTIFF VS. NO. 93-5417 SHERRY HARRELSON; THE SPOUSE OF SHERRY HARRELSON AND THE TENANTS OF 5B CHIMNEY ROCK, LITTLE ROCK, ARKANSAS DEFENDANTS STIPULATIONS Comes now, the Plaintiff, by and through its attorney, Delbert Mickel, and the Defendants, Sherry Harrelson and David L. Cox, Jr., by and through. their attorney, Brent Baber, and snake and enter into the following stipulations of fact upon which they and the Court will rely, to -wit: 1. That Lot 112, Phase II, Woodland Ridge Subdivision, an Addition in Pulaski County, Arkansas, was originally platted by that certain Bill of Assurance, filed for record on the llth day of March, 1980 and recorded as Instrument Nuunber 80-10634 ul the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas; that certain Correction Bill of Assurance, filed for record on the 21 st day of March, 1980 and -1- HCArealtyA&nchim doc 03/15/9409:23 AM Stipulations: recorded as Instrument Number 80-12648 in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas; and that certain Plat filed in Plat Book A-435 in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas. 2. That David L. Cox, Jr., now the spouse of Sherry Harrelson, acquired fee simple absolute title to Lot 112, Phase II, Woodland Ridge Subdivision, an Addition in Pulaski County, Arkansas, by virtue of that certain Warranty Deed, filed for record on the 16th day of August, 1985 and recorded as Instrument Number 85-44816 in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas and intended to replat said Lot 112 into to Lots 112-A and 112-B, Phase II, Woodland Ridge Subdivision, an Addition in Pulaski County, Arkansas. 3. That even though the replatting of said Lot 112 had not been completed, David L. Cox, Jr. conveyed Lot 112-B, Phase II, Woodland Ridge Subdivision, an Addition in Pulaski County, Arkansas, to Sherry Harrelson by that certain Warranty Deed, filed for record on the 4th day of June, 1986, and recorded as Instrument Number 86-32528 in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, and conveyed Lot 112-A, Phase II, Woodland Ridge Subdivision, an Addition in Pulaski County, Arkansas, to Sherry Harrelson by that certain Warranty Deed, filed for record on the 9th day of September, 1987, and recorded as Instrument -2- HC:1rea Ity\t&nchim.doc 03/15/9409:23 AM Stipulations: Number 87-58367 in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas. 4. That David L. Cox, Jr. and Sherry Harrelson have jointly made, executed and delivered that certain Bill of Assurance, filed for record on the day of March, 1994 and recorded as Instrument Number 94- in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas and that certain Plat recorded as in the Office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas which said Plat and Bill of Assurance formally replats Lot 112, Phase II, Woodland Ridge Subdivision, an Addition in Pulaski County, Arkansas into Lots 112-A and 112-B, Phase II, Woodland Ridge Subdivision, an Addition in Pulaski County, Arkansas and they have taken these steps in order to evidence their intent that David L. Cox, Jr. intended to convey all of his right, title and interest in said Lot 112, Phase II, Woodland Ridge Subdivision, an Addition in Pulaski County, Arkansas to Sherry Harrelson, that said Lot 112 is one and the same as the now replatted Lots 112-A and Lots 112-B, Phase II, Woodland Ridge Subdivision, an Addition in Pulaski County, Arkansas and that Sherry Harrelson intended to and did encumber Lot 112-B, Phase II, Woodland Ridge Subdivision, an Addition in Pulaski County, Arkansas with the lien of that certain Deed of Trust recorded as Instrument Number 86- 32529 and intended and did encumber Lot 112-A, Phase II, Woodland Ridge HC: area Ity\L&nch i rrt doe 03/15/9409:23 AM Stipulations: Subdivision, an Addition in Pulaski County, Arkansas with the lien of that certain Deed of Trust recorded as Instrument Number 87-58368. Troy & Nichols, Inc. and Edward R. Riffel, Trustee, by: Delbert Mickel Attorney for the Plaintiff Sherry Harrelson and David L. Cox, Jr., by: Brent Baber Attorney for the Defendants 150 HC: \realty\t&nchim. doc 03/15/9409:23 AM i=4F1Fc-2:E.—So4 TIDE 1 S: fr3 PUE L I C W0E-Y CS F' _ 0 1 APRIL 27, 94 TO: 8069Y SIMS FROM: CARROLL BALL RS: FINAL PLATS MARrrHA' S PLACE ";m ,�-n....,11 H; .��;;' ;I•°�. Il"��,I lg;,;ir`g` i� Ir^��I 1�:;,;il _ ,..�N. WOODL.A.ND nX DGE PH I I LO'3'S 11 2A.&1 1 25 c:1;.,1'11:5_'.+!;:_'1K NEED STATE PLANE C:C oRDI N,%TES W/ DISKETTE