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S-1518-A-1 Application
hntergy substation verc.icts lbinconsistent9' attorneys argue BY KRISTIN NETTERSTROM ARKANSAS DEMOCRAT -GAZETTE A substation that Entergy wants to build in Pulaski County properly received a conditional - use permit from Little Rock to build, but the subdivision where it would be built is illegal, a jury decided this week. Little' Rock attorneys expect to ask the judge to overturn the jury's second decision, calling the two verdicts "inconsistent." "We feel like the plaintiffs did not provide any evidence from which the jury could find that the city failed to follow its or- dinances in approving that pre- liminary plat," said Amy;Fields, a deputy city attorney for Little Rock who represented the city this week in front of cuit C. 0 ..• _ a 14k Court Judge Ellen Brantley. Friday because the cage is still City Attorney Tom Carpen- in litigation. ter wrote in an update to city Residents near the Colonel directors Friday that the verdict Glenn Road site sued Little Rock is inconsistent because a con- in June 2008, appealing the city's ditional-use permit can only go approval of a 7.8-acre subdivi- on a parcel of property in a sub- sion and the substation. division. The neighbors had appeared Randy Satterfield, the attor- at planning commission and city ney representing the 14'residents board meetings, trying to stop who sued, declined to comment See SOBSTATIdN, Page f OB Substation 9 Continued from Page IS the project, but city officials vot- ed in favor of the landowner and the substation. The land at 14250 Colonel Glenn Road is about two miles west of Interstate 430, and although it is outside city limits, it is within Little Rock's planning jurisdiction. The substation would be the first to be built in the Little Rock area in 30 years, and Entergy says it is needed to serve growing west Little Rock. A substation has a series of transformers that help reduce high voltages of electricity to a lower voltage that can then travel over power lines to people's homes. Residents claimed that Little Rock broke its rules by allowing Entergy and the landowner sell- ing the property to avoid several requirements needed to allow industrial activity in a residen- tial area. For instance, the plan- ning commission approved the substation even though Entergy hadn't received a flood plain de- velopment permit from Pulaski County. City officials believe otherwise, arguing that the substation's con- ditional -use permit and subdivi- sion plat were properly approved and that the utility substation is an appropriate use for the property. The group of neighbors filed their first lawsuit against the city, Entergy and the property own- ers in 2007, after Little Rock city directors approved the two ap- plications. The lawsuit was later dismissed. The group of residents then filed a similar claim in June 2008, but this time only against the city. MILE Lillie 030' Rock � 1AN1501U r�D: Subdivision at center of lawsuit Arkansas Democrat -Gazette Residents also continued their efforts at City Hall to block the substation. In August 2008, Entergys plan returned to the city board after the company changed the loca- tion of an access toad from Colo- nel Glenn Road to Lawson Road. The company also reduced the size of the project. City directors approved the revisions despite the county resi- dents' concerns about flooding, survey documents and other pro- cedural issues. After,a three-day trial this week, the jury came back Thurs- day evening with a verdict that said the city properly issued the permit for the substation itself. But in a second verdict, jurors said the three -lot subdivision wasn't created properly. The case is Tammy McClain vs. City of Little Rock, and along with McClain, other residents who sued are: Faithann Glid- den, Michael L. Glidden, .Gary W. Brown, Diane Davis, Trudy Camp- bell, Marilynn M. Baeyens, Roy R. Jolley, Carolyn S. Jolley, .Michael Roman, Nancy Roman, Sue Ann Stephens and Howard Stephens, and Emma Sue Thompson. S 6 8 s( sl M is he to Se sel sai thi He M; a be co ha an Ir (Domestic Mail Only; No Insurance Coverage Provided) CO I — CO For delivery information visit our website at www.usps.corn,, r'U r'_ L170LE.R64 Ak 7'421 v -0 Postage $ V1. 41 _i� Ln Corfilled Fee M Postmark EZI Return Receipt Fee E3 (Endorsement Required) Here IZI RWWICW Gor" Fee (Endofsernent Required) ID Ln rq Total Postage & Fees Howard Grantland Stephens and Sue Ann serrr T Stephens, Trustees of the Howard ra C3 gr,-,w. -A;@ Grantland Stephens and Sue Ann Stephens ------ or PO Box Joint Revocable Trust cuy stare 14075 Colonel Glenn Road !=Little Rock, AR 72210 U.S. Postal Service-,� CERTIFIED -MAILT, RECEIPT Ln (Domestic Mail Only; No Insurance Coverage Provided) ru LI-1. I LE. RUID. 7Z210 U_ Postage $ Ln M Certified Fee Postmark Return Receipt Fee 4: Here ED r(ER' ndoerriscetemdeDntaReeiFd Lnr-q Total Poste— 4t $5. 2i Sent T Michael L. Glidden and Faithann Glidden ---- r- o 4rP LOB o x All 14345 Colonel Glenn Road Little Rock, AR 72210 . . .1 I I U.S. Postal Service7-,I CERTIFIED MAIL-,,, RECEIPT 1 (Domestic Mail Only; No Insurance Coverage Provided) co ru LIkILE Er _n Postage $ Lr) Certified Fee —.65 15 M Postmark M Return Reo3fpt Fee Hire E3 (Endorsement Required) $2. 1j' Restricted Delivery Fee C3 (Endorsement Required) r-9 Total Postage & F.. 1w.2"I 04/1i/i 0 co Whi —To Gary S. and Martha Markland 27' seq. 15515 Joiner Road r- PO BOX t ---- Little Rock, AR 72210 0M VUA;FF %;P�l � F I 0A CERTIFIED- IVIAIL,m RECEIPT J3 (Domestic Mail only: No Insurance Coverage Provided) cp For delivery information visit our website at wwvr.usps.com-1% ru Ir Ln Postage $ k' Cer0ed Foe j M PorkPork[red) E:3 F-3 Return Fee (ENOrSamenI Receipt -Z Here 1:3 Restricted Deliver] Fee E3 (Endc4sement Reri0ecO Lrl r-9 Total Postage & Fees 565 '_j -9-- f �Td Larry Ray Minton and ro 171 -giiiir-Au. Bernadeen Minton C3 or PO Box 14123 Colonel Glenn Road Little Rock, AR 72209 U.S. Postal ServiceTl,l CERTWIEDWAIL,t� RECEIPT nj 17� (Domestic Mail Oniy; No Insurance Coverage Provided) E0 ru tt IT' _n U-1 Postage $ Certified Fee C3 Relum Receipt Fee Here 1:3 (Endorsement Required) ED Restricted Deffimry Fee (Endorsement Required) =1 Ln r-q Total Postp— C3 co Sent To Koban Family, LLC, 5239 Brooklyn Ave., NE or PO Box I 'Ws�°:. Seattle, WA 98105 PROW U.S. Postal ServiceTI, CERTIFIED RECEIPT co Ln (Domestic Mail Only; No Insurance Coverage Provided) ro M WER M riijimj�l�- ru :Pfl(zR-1_1"LT 1 t-i L I R11. Er _11 Postage $ ss). 41 Lri Certified Fee E3 Return Receipz Fee ark Op [Endorsement def red) Required]/ Del ia�rle (Endorsement Required]. 1 _1Y r-9 Total Postage & Fees L.2i E3 CO Sent TO Tammy J. McClain E3 ---- M 'Wor'POB!x No 14245 Colonel Glenn Road &�W271 Little Rock, AR 72210-2216 M=1 M 1:3 co For delivery informatioa n visit our website at www.usps.com-, ru U i T-E. POW. T 1 Er postage $ $0. -D !,1 5 Ln ceffiffed Fee $2.65 M Postmark C�1\ Rftm Receipt Fee /Y' 0') C3 {Endorsement Required) $2.E IZJC Hem 0 RP_s"tnc1=,1 'vory Fee (End Required) O Ln total pc=ne & Fees V_1,2i 04 co sera To Howard and Sue Ann Stephens m C3 '��c A 14075 Colonel Glenn Road or PO 9c Little Rock, AR 72210 ign U.S. Postal Service,,, CERTIFIED MAIL,, RECEIPT 'n —(Domestic Mail Only; No Insurance Coverage Provided) U 74' :1 n Restage $ $0. Certified Fee 3 Return Receipt Fee P"mark 3 {Endorsement Required) $2. 1 r' Here %5'rfc� Delivery Fee Endorsoment Requh-ad) 3 A% Tclfl Ponta 8. d_1 04 Q Emma Sue Thompson r PO W- 14124 Colonel Glenn Road oBox ft. airy 96ii-zLittle Rock, AR 72210 1ti (Domestic Mail Only; No Insurance Coverage Provided) ru __ CO For delivery information visit our website at:www.usps.com-_ ru L11- Postage $ Ln Certified Fee M U-6-i LJ =1 Rexm Rec Fpl Fee E3 tEndarsement RZfed) "Or Restricted pe!lvery Fee r M (EM., Ln r-1 ToW Postage & Fees 41 cc Saar TO C3 Roy R. and Carolyn S. Jolley [:3 14300 Colonel Glenn Road r� or PO BOX NO.-A-p- _K'N_c- Little Rock, AR 72210 U.S. Postal Service,:.; CERTIFIED MAIL7;. RECEIPT r 3 (Domestic Mail Only; No Insurance Coverage Provided) rZI CD For delivery information visit our website at wwwuspsxom�, ru r x wavlu M U Er Postage $ 0.41 Ln Certified Fee CYr $2.65 5 M Return R 4PL it [ rFeede) Fero M (ErtdersamoentlXl $2. 1j' C3 M Restfted De'-1 Fee (Endorsement Rewired) M M Total Pomp & Fees r3 Sent To co '9 ft Wi W. Minton, LLC m C3 OrP0au: 5821 Channing Road Nashville, AR 71852 G. Randolph Satterfield Cynthia S. Moody Mary C. Galchns Laura E. Levine` • prim.rU, in Fa)", 91 Of Counsel Virginia "Ginger" Atkinson Email & Web Site satterfieldlaw@comcast.net rf ldl SATTERFIELD LAW FIRM, PLC ATTORNEYS AT LAW All Mail & Fax For Little Rock and Benton: P. 0. Box 1010 Little Rock, AR 72203-1010 Facsimile: (501) 374-2834 / Toll Free: (877) 273-4911 Little Rock Location 721 W. 2nd Street Little Rock, AR 72201 (501)376-0411 Benton Location 501 N. Main Benton, AR 72015 (501) 315-1819 WWW.satte to aw.com Northwest Arkansas Office: 231 West Mountain, Fayetteville, AR 72701 / (479) 521-1105 / fax: (479) 521-1877 Mr. Webster Darling Entergy Services, Inc. Legal Services Department P.O. Box 551 Little Rock, Arkansas 72203-0551 Amy Beckman Fields Deputy City Attorney Office of the City Attorney 500 West Markham, Ste. 310 Little Rock, Arkansas 72201 November 20, 2009 Via Email: wdarling(a),enterwy.com Via Email: afeldskiittleruck.©rg RE: McClain, et al. vs. City of Little Rock Planning Commission Entergy Arkansas, Intervenor; Pulaski County Circuit No. CV2008-6428 Dear Webster and Amy: Enclosed please find a file -marked copy of my Notice of Appeal and my letter to the Court Reporter. Very truly yours, G. Randolp h atterfleld GRS/arg Enclosures: as stated IN THE CIRCUIT COURT OF PULASKI,COUNTY, ARKANSAS 16TH DIVISION TAMMY McLAIN, FAITHANN GLIDDEN, MICHAEL L. GLIDDEN, GARY W. BROWN, DIANE DAVIS, TRUDY CAMPBELL, ROY R. JOLLEY, CAROLYN S. JOLLEY, SUE ANN STEPHENS and HOWARD STEPHENS Individually and as Trustees of THE HOWARD GRANTLAND STEPHENS AND SUE ANN STEPHENS JOINT REVOCABLE TRUST DECLARATION DATED THE 28Tu DAY OF JULY,1997 VS. CASE NO. CV-2008-6428 APPELLANTS rII E'i i 1 !20;'20015' 1f. 19-"!8- ! i4J! J .• Pat 0' F1¢ ier, Pu =sid '"" rct_Jl t i. Ir--- , f- R i Ch CITY OF LITTLE ROCK PLANNING COMMISSION APPELLEE ENTERGY ARKANSAS, INC. INTERVENOR/APPELLEE NOTICE OF APPEAL AND DESIGNATION OF COMPLETE RECORD Tammy McClain, Faith Ann Glidden, Michael L. Glidden, Gary W. Brown, Diane Davis, Trudy Campbell, Roy R. Jolley, Carolyn S. Jolley, Sue Ann Stephens and Howard Stephens, individually and as Trustees of the Howard Grantland Stephens and Sue Ann - Stephens Joint Revocable Trust Declaration dated the 28 h day of July, 1997, Appellants herein; hereby notify this Court; the City of Little Rock Planning Commission, Entergy Arkansas, Inc., the Arkansas Attorney General, through their respective attorneys and to the Circuit Judge, that the Appellants hereby appeal, to the Court of Appeals, the judgment arising from the partial jury verdict in favor of City of Little Rock Planning Commission and Entergy Arkansas, Inc., entered in this case on September 22, 2009; and the post trial judgment notwithstanding the verdict, which set aside the partial jury verdict in favor of the Appellants herein, entered on October 22, 2009. Appellants Tammy McClain, Faith Ann Glidden, Michael L. Glidden, Gary W. Brown, Diane Davis, Trudy Campbell, Roy R. Jolley, Carolyn S. Jolley, Sue Ann Stephens and Howard Stephens, individually and as Trustees of the Howard Grantland Stephens and Sue Ann Stephens Joint Revocable Trust Declaration dated the 28b day of July, 1997, also appeal all of the Circuit Trial Court's evidentiary rulings, orders, rejection of proffered jury instructions, and judgments rendered prior to the judgment notwithstanding the Appellants' verdict that were adverse to the Appellants, that shaped those judgments. Appellants designate the complete Circuit Court record — including all the evidence, transcripts, of all hearings and testimony, and all pleadings and rulings filed with the circuit clerk and the Circuit Court, as the record on appeal. Appellants have ordered the record from the circuit clerk and the transcript from the court reporter of the proceedings in this case, and have made financial arrangements with the court reporter as required by Ark. Code Ann. § 16-13 -5 1 0(c). Dated this 20a' day of November, 2009 G. Randolpfi "RanTy" Satterf 1 (Ar . Bar 81140) Satterfield Law Firm, PLC Attorney for the Appellants P.O. Box 1010 Little Rock, AR 72203-1010 Tele: (501) 376-041I/Fax: (501) 374-2834 CERTIFICATE OF SERVICE I, G. Randolph Satterfield, do hereby certify that I have mailed a copy of the above and foregoing Notice of Appeal with sufficient postage thereon, to Mr. Webster Darling, Attorney for Entergy Arkansas, Inc., P.O. Box 551, Little Rock, Arkansas 72203-0551; and Ms. Amy Beckman Fields, Attorney for the City of Little Rock Planning Commission, City Hall - Suite 310, 500 West Markham, Little Rock, Arkansas, 72201; the Arkansas Attorney General, 323 Center Street, Suite 200, Little Rock, Arkansas 72201; and the Honorable Ellen Bass Brantley, Pulaski Ca ty Circuit Judge, 16th Division, 401 W. Markham, Room 310,", Arkans , 2201 on this ��'`L' day of November, 2009. ---_ } ./J G. Randolph Satterfi"eid (Ark. Bar &140) SATTERFIELD LAW FIRM, PLC G. Randolph Satterrield Cynthia S. Moody ATTORNEYS AT LAW Little Rock Location Mary C. Galchus 721 W. 2nd Street Laura E. Levine* All Mail & Fax For Little Rock and Benton: Little Rock, AR 72201 ftyMMik P. 0. Box 1010 (501) 376-0411 Of Counsel Little Rock, AR 72203-1010 Benton Location Virginia "Ginger" Atkinson Facsimile: 501 374-2834 / Toll Free: 877 273-4911 ( ) ( ) 501 N. Main Benton, AR 72015 Email We4R.,ite (501) 315-1819 satterfieldlaw@comcast.net Northwest Arkansas Office: www.satterfieldlaw.com Mountain, Fayetteville, AR 72701 / (479) 521-1105 / fax: (479) 521-1877 November 20, 2009 Mr. Bill McFarland Court Reporter 161' Division Pulaski County Courthouse, Room 310 401 W. Markham Street Little Rock, Arkansas 72201 Re: Transcript Order, Tammy McLain, et al. v. City ofLittle Rock Pulaski County Circuit Court Case No. CV-2008-6428 Dear Bill: This letter will serve as my formal request of all transcripts in the above styled matter including, but not limited to the jury trial, hearings, pre-trial conferences or any other matter for which a transcript is available. Please let me know what financial arrangements need to be made, so that I can ensure a timely completion of this request for appeal purposes. As always, do not hesitate to call me if you have any questions or concerns regarding this matter. I appreciate your attention to this request, and I look forward to hearing from you in response to my inquiry about financial arrangements to be made. VzRandolph , G.ndy" Satterfie GRS/arg 3 - 15E 9 -�q OFFICE OF THE CITE' ATTORNEY Little Rock, Arkansas MEMORANDUM TO: Tony Bozynski Department of Planning and Development FROM: Amy Beckman Fields Deputy City Attorney RE: Tammy McLain, et. al. v. City of Little Rock Pulaski County Circuit No. CV-200806428 DATE: October 29, 2009 I have enclosed a copy of the Order and Judgment entered last week by Judge Brantley in the above -referenced case. The Court granted the motion to enter judgment notwithstanding the verdict on the jury's verdict in favor of the plaintiffs in this case on their appeal of the City's approval of the preliminary plat and subdivision approval for the property located at 14250 Colonel Glenn Road. As you know, at the conclusion of the trial, the jury found in favor of the City on the plaintiffs' appeal of the City's approval of the Conditional Use Permit allowing Entergy to construct an electrical substation on the property. As a result of the jury verdict on the Conditional Use Permit and the order setting aside the verdict and entering judgment in favor of the City on the preliminary plat and subdivision, the City prevailed in all respects in this litigation. It is possible that the plaintiffs may appeal. If they decide to appeal, their notice of appeal must be filed on or before November 23, 2009. I will let you know if a notice of appeal is filed. If you have any questions, please do not hesitate to contact me. ABF:dab IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS 16TH DIVISION TAMMY MCLAIN, FAITHANN GLIDDEN, MICHAEL L. GLIDDEN, GARY W. BROWN, DIANE DAVIS, TRUDY CAMPBELL, MARILYNN M. BAEYENS, ROY R. JOLLEY, CAROLYN S. JOLLEY, SUE ANN STEPHENS and HOWARD STEPHENS Individually and as Trustees of THE HOWARD GRANTLAND STEPHENS AND SUE ANN STEPHENS JOINT REVOCABLE TRUST DECLARATION DATED THE 28TH DAY OF DULY, 1997 VS. CASE NO. CV-2008-6428 CITY OF LITTLE ROCK PLANNING COMMISSION ENTERGY ARKANSAS, INC. ORDER AND JUDGMENT APPELLANTS APPELLEE INTERVENOR On this 22nd day of October, 2009, comes on for hearing Appellee City of Little Rock's Motion for Judgment Notwithstanding the Verdict. Appellee, City of Little Rock ("City"), appeared by and through its attorney, Amy Beckman Fields; Appellants appeared by and through their attorney, G. Randolph "Randy" Satterfield, and Intervenor appeared by and through its attorney, William Webster Darling. The Court, being well and sufficiently advised as to all matters of fact and law herein, and the premises being fully seen FINDS there is no substantial evidence to support the jury's verdict in favor of Appellants on their appeal of the City's approval of the preliminary plat and subdivision and that the City's Motion for Judgment Notwithstanding the Verdict should be, and hereby is, GRANTED. IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that judgment is hereby entered in favor of Appellee City of Little Rock and Intervenor Entergy Arkansas, Inc. on Appellants' appeal of the City's approval of the preliminary plat and subdivision application for property located at 14250 Colonel Glenn Road, Little Rock, Arkansas. ELLEN B. BRANTLEY Prepared By: Amy Beckm F s Deputy City Attorney 500 West Markham, Suite 310 Little Rock, AR 72201 (501) 371-4527 CIRCUIT JUDGE 0 — A�j o� DATE -2- Page 1 of 1 Carney, Dana From: Bozynski, Tony Sent: Friday, August 21, 2009 7:34 AM To: James, Donna; Carney, Dana Subject: FW: LITIGATION ALERT: Tammy McClain, et al v. City of Little Rock, Entergy Arkansas Intervenor Importance: High After three days. -----Original Message ----- From: Carpenter, Tom Sent: Thursday, August 20, 2009 6:26 PM To: Moore, Bruce; Day, Bryan; Bozynski, Tony; Brad Cazort; Brenda Wyrick; Doris Wright; Dr. Dean Kumpuris; Erma Hendrix; Gene Fortson; Joan Adcock; Ken Richardson; Mayor; Mayor Stodola; Mayor Stodola; Michael Keck; Stacy Hurst Cc: Mann, Bill; Fields, Amy; Beebe, Shayla Subject: LITIGATION ALERT: Tammy McClain, et al v. City of Little Rock, Entergy Arkansas Intervenor Importance: High Dear Mayor Stodola and Members of the Board of Directors, Within the last hour, a Pulaski County jury rendered its verdict in the McClain case noted above. This case deals with two issues: (1) Did the City follow its procedures when it subdivided a parcel of land; and, (2) Did the City properly grant a conditional use permit to Entergy to construct an electrical substation on the subdivided land? The case dealt with a situation that took a considerable amount of time before the Planning Commission and the Board of Directors. Once granted, the issue was raised a second time in order to correct a property description. The jury determined that the City did not properly grant the subdivision. However, the jury also found that the City properly granted the CUP to Entergy. The verdict is inconsistent since the CUP can only go on a parcel of property in a subdivision. However, we believe that a Motion for a judgment Notwithstanding the Verdict O.N.O.V.) is appropriate and will be filing such a motion. Essentially, there was no evidence that the City did not follow its procedures in deciding to subdivide the property. So, we will ask that this part of the jury verdict be set aside. At the end of the proceeding, the Court noted that it expected post -trial motions to be filed. While the case is not completely finished, then, it is possible that the result will be published in the newspapers tomorrow, that there will be radio or television coverage, or that the issue might be raised again during the Citizen Communication portion of a Board meeting. So, I wanted you to have this information as quickly as possible. If there is any additional information that you need, please feel free to contact me. Deputy City Attorney Amy Fields represented the City's interest in this case. Tom Thomas M. Carpenter OFFICE OF THE CYl'Y ATTORNEY 500 West Markham, Ste. 310 Little Rock, Arkansas 72201 (T) 501-371-6875 (direct) (T) 501-371-4527 (office) (F)501-371-4675 (M) 501-993-1052 tcarpentorrpi„jj dcrpeft. rg 8/21 /2009 Entergy substation verdicts `inconsistent,' attorne s Ar e BY I{RISTIN NETTERSTROM jury's second decision, calling Court Judge.Ellen Brantley. �xxnivsAs DEMocxeT GazErri the two verdicts "inconsistent " City Attorney Tom Carpen- A substation that Entergy "We feel like the plaintiffs did ter wrote in an update to city wants to build in Pulaski County not provide any evidence from directors Friday that the verdict properly received a conditional- which the jury could land that is inconsistent because a con - use permit from Little Rock to the city failed to follow its or- ditional-use permit can only go build, but the subdivision where dinances in approving that pre- on a parcel of property in a sub - it would be built is illegal, a jury Iiminary plat," said Amy Fields, division. decided this week. a deputy city attorney for Little Randy Satterfield, the attor- LittitsRock attorneys expect Rock wha.represented the city ney representing the 14residents to ask the judge to overturn the this week? in Front of Circuit wha sued, declined to comment Substation • Continued from Page 1 B the project, but city officials vot- ed in favor of the landowner and the substation. The land at 1.4254 Colonel Glenn Road is about two miles west of Interstate 430, and although it is outside city limits, it is within Little Rock's planning jurisdiction. The substation would be the first to be built in the Little Rock area in 30 years, and Entergy says it is needed to serve growling west Little Rock. A substation has a series of transformers that help reduce high voltages of electricity to a lower voltage that can then travel over power lines to people's homes. Residents claimed that Little Rock broke -its rules by allowing Entergy and the landowner sell- ing the property to avoid several requirements needed to allow industrial activity in a residen- tial area. For instance, the plan- ning commission approved the substation even though Entergy hadn't received a flood plain de- velopment permit from Pulaski County. City officials believe otherwise; arguing that the substation's con- ditional -use permit and subdivi- sion plat were properly approved and that the utility substation is an appropriate use for the property, The group of neighbors filed their first lawsuit against the city, Entergy and the property own- ers in 2007, after Little Rock city directors approved the two ap- plications. The lawsuit was later dismissed. The group of residents J then Filed a similar claim in June 2008, but this time only against the city. a SD_- vc 1-MILE- Little Subdivision at - -- center of lawsuit Arkansas Democrat -Gazette Residents also continued their efforts at City Hall to block the substation. In August 2008, Entexgy's plan returned to the city board after the company changed the loca- tion of an access mad from Colo- nel Glean Road to Lawson goad The company also reduced the size of the project. City directors approved the revisions despite the county resi- dents' concerns about flooding, survey documents and other pro- cedural issues. After a three-day trial this T week, the jury came back hurs- day evening with a.verdict that said the city properly issued the permit for the substation itself. But in a second verdict, jurors said the three -lot subdivision wasn't created properly, The case is Tammy McClain M City of Little Rock, and along with McCIain, other residents who sued are, Faithann Glid- den, Michael L.Glidden, .Gary W Brown, Diane Davis, TZ udy Camp- bell, Marilynn M. Baeyens, Roy R. olley, Carolyn S. Jolley, Michael Roman, Nancy Roman, Sue Ann Stephens and Howard Stephens, nd Emma sue Thompson, Friday because the case is still in litigation. Residents near the Colonel Glenn Road site sued Little Rock in June 2008, appealing the city's approval of a 7.8-acre subdivi- sion and the substation. The neighbors had appeared at planning commission and city board meetings, trying tp. stop See SUBSTATION, Page 1 OB M is ha to Se sel sai thi HE M; al be co ha an G. Randolph Satterfield Cynthia S. Moody Mary C. Galchus Of Counsel Virginia "Ginger" Atkinson Email & Web Site satterfieldlaw@comcast.net www. s atterfi el dl aw_ corn SATTERFIELD LAW FIRM, PLC ATTORNEYS AT LAW All Mail & Fax For Both Locations P. O. Box 1010 Little Rock, AR 72203-1010 Facsimile: (501) 374-2834 Toll Free: (877) 273-4911 May 29, 2008 Ms. Donna James Subdivision Administrator Department of Planning and Development rite of Little Rock 723 W. Markham St. Little Rock, AR 72201 SENT VIA FAX AND REGULAR MAIL RE: Colonel Glenn Preliminary Plat, S-1518-A Entergy Substation Revised CUP, Z-7980-A Dear Ms. James: Little Rock Location 721 W. 2nd Street Little Rock, AR 72201 (501) 376-0411 Benton Location 501 N. Main Benton, AR 72015 (501) 315-1819 This letter is to confirm that we would like to formally request a certified copy of the Planning Commission actions in the two (2) above referenced commission events for appeal purposes. Please notify our office when the files are complete and we will gladly retrieve them from your care. In addition, if there is any charge for these services, please send all invoices to the above address, and payment will immediately be remitted. Thank you for your assistance in this matter. Please e 1 if you have any questions or concerns regarding this matter. i Very tiul y ur , 1 SA' f F,RFI LA1 it , Mary C. Galchu Q d o PCD 0CD AF 44 o � °° � ❑ a a a �m Q °o Area. Vicinity Map R2 q� E011111 Case: S-1518-A N Location: Located at 14250 Colonel Glenn Road Ward: 3 PD: 18 0 245 490 Feet CT: 42.07 TRS: TIN R13W19 GO�O��L R.O.W. DEDICATION 344.271 L •� S-1518-A 0 MINTON DAIRY SUBDIVISION 0 PRELIMINARY PLAT cl. ) City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 May 9, 2008 Central Arkansas Surveying, Inc 1012 Autumn Road Little Rock, AR 72211 Re: Colonel Glenn Preliminary Plat (Minton Dairy Subdivision) (S-1518- A), located at 14250 Colonel Glenn Road Dear Sirs: This is to advise you that in connection with your request concerning the above referenced file number the following action was taken by the Planning Commission at its meeting on May 8, 2008: Approved with conditions. X Recommended approval with conditions. Recommended approval as submitted. Denied your request as submitted. Deferred to the Other: Meeting. The street deferral request will be forwarded to the Board of Directors on June 3, 2008, for final disposition. You or your representative will need to be present at this meeting. The meeting begins at 6:00 pm and is held in the Little Rock Board of Directors chambers, City Hall, 500 West Markham Street. If you have any .questions please do not hesitate to contact me at 371-6821. Respectfully, Donna James, AICP Subdivision Administrator City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 May 9, 2008 Ms. Sue Ann Stephens 14075 Colonel Glenn Road Little Rock, AR Dear Citizen: On behalf of the Little Rock Planning Commission, I would like to thank you for your participation in the May 8, 2008, Commission meeting. It is very important to the City staff and the Planning Commission to have citizen input in the planning decision -making process. The Colonel Glenn Preliminary Plat (Minton Dairy Subdivision) (S-1518-A), located at 14250 Colonel Glenn Road was approved by the Little Rock Planning Commission. For additional information, you can contact the Planning staff at 371-4790. Staff responsibilities are as follows: Conditional and Tower Use Permits — Dana Carney Future Land Use Plan Amendments — Walter Malone Rezoning and Zoning Variance — Monte Moore Subdivision and Planned Unit Developments — Donna James Thank you again for your input. Sincerely, Tony Bozynski .Secretary to Little Rock Planning Commission City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON A REQUEST FOR A USE CHANGE OR DEVELOPMENT OF LAND DATE: April 7, 2008 TO: Southwest Little Rock United for Progress ATTENTION: Tray Laha ADDRESS: 6602 Baseline Road Suite E Little Rock AR 72209 REQUEST: Colonel Glenn Preliminary Plat Minton DaiKy Subdivision S-1518- A a request to allow the creation of a three lot plat from this 7.8 acre site allowing -flip creation of a lot without p3Lblic street frontage and a lot with an increased lot de th to width ratio. The plat was previously approved and is being refiled to match prol2erty boundaries established by a recently approved Court Case and to clarify ownership as sighed by the affidavit. GENERAL LOCATION OR ADDRESS: 14250 Colonel Glenn Road OWNED BY/APPLICANT: QD Minton Thelma Marie Minton Billie Jo YgLipg. Thomas Minton Ruth Ann Minton and Bernadine Minton NOTICE IS HEREBY GIVEN THAT an application for a Planned_ Zoning District of the ,above property has been filed with the Department of Planning and Development. A public hearing will be held by the L.R. Planning Commission in the Board of Directors Chamber, second floor, City Hall, on May 8, 2008 at 4:00 P.M. This notice is provided in order to assure that neighborhood associations are aware of issues that may affect their neighborhood. Information requests should be directed to the Planning staff at 371-4790. Tony Bozynski Director of Planning and Development EtCity 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 May 9, 2008 Mr. Francis Jamell 14124 Colonel Glenn Road Little Rock, AR Dear Citizen: Planning Zoning and Subdivision On behalf of the Little Rock Planning Commission, I would like to thank you for your participation in the May 8, 2008, Commission meeting. It is very important to the City staff and the Planning Commission to have citizen input in the planning decision -making process. The Colonel Glenn Preliminary Plat (Minton Dairy Subdivision) (S-1518-A), located at 14250 Colonel Glenn Road was approved by the Little Rock Planning Commission. For additional information, you can contact the Planning staff at 371-4790. Staff responsibilities are as follows: Conditional and Tower Use Permits — Dana Carney Future Land Use Plan Amendments — Walter Malone Rezoning and Zoning Variance — Monte Moore Subdivision and Planned Unit Developments — Donna James Thank you again for your input. Sincerely, Tony Bozynski Secretary to Little Rock Planning Commission `mvEntffgy April 23, 2008 Mr. Dana Carney Manager, Zoning and Subdivision City of Little Rock 723 W. Markham Little Rock, AR 72201 Entergy Customer Service Ninth & Louisiana P.O. Box 551 Little Rock, AR 72203 Tel 501 396 4337 James E. Jones Regional Customer Service Manager Re: Colonel Glenn Preliminary Plat Minton Dairy Subdivision, located at 14250 Colonel Glenn Road S-1518-A Dear Mr. Carney: Enclosed are four copies of revised preliminary plat for the Minton Dairy Subdivision. This revised preliminary plat includes the additional information requested in the comments submitted at the Subdivision Committee Meeting held on April 17, 2008, as follows: (1) City of Little Rock Planning Staff Comment Nos. 2, 5, 6, 7, 8,and 9; (ii) Public Work Conditions Nos. 2 and 3; and (iii) Pulaski County Planning Comment Nos. 1, 2, 3, 8, 9, and 10. Also enclosed, please find the following: (i) Letter dated April 22, 2008, from the Crystal Fire Protection District # 24 to address Planning Staff Comment No. 4, City of Little Rock Fire Department Comment, and Pulaski County Planning Comment No. 6; (ii) Letter dated April 23, 2008, from Robert L. Goth, PSC, PS to address Planning Staff Comment No. 3 and Wastewater Comment. (iii) Two (2) copies of Preliminary Grading Plan, dated 4/22/08 to address Planning Staff Comment No. 11. With respect to Planning Staff Comment No. 10, FTN Associates' staff consulted with Pulaski County Planning and the report submitted by FTN Associates of February 22, 2008, to Sherman Smith with Pulaski County Planning fulfills the requirements for Comment No. 10. Mr. Dana Carney 4/23/2008 Page No. 2 Proof of notification of landowners has been previously submitted to you by my letter dated April 16, 2008, as required by Planning Staff Comment No. 1. An ADEQ construction storm water permit will be obtained prior to any site development as required by Pulaski County Planning Staff Comment No. 7. Finally, a letter will be forthcoming to address any issues raised in the letter received from William G. Alman dated April 8, 2008. Certainly, if you need any additional information or have any questions with respect to this letter or the enclosures feel free to contact me at any time. Si erely, James Jones Regional Customer Service Manager Apr 22 08 01:43p CRYSTAL FIRE PROT DIST 24 501-821-7099 p,2 Crystal Fire Protection District #24 P_O. Box 45125 Little Rock, Arkansas 72214 (501) 225-0716 James Jones Regional Manager Entergy Customer Service April 22, 2008 Mr. Jones, We are aware of your planned substation and the subdivision of the N three lots, two of which will be restricted to one single family residen third on which you will build your substation. We currently provide f property and for see no problem providing fire protection in the futurf your entrance to Lawson Rd. is not an issue either. However, we will install a fire hydrant per our regulations and to provide an access road and surface to enable our equipment year round access to your area. 1 coordination and location of this hydrant when construction begins. Respectfully, Gary M. Boyle, Chi i .'-N"M t s,1' I nl,gr5 Cindy Cones Gordon Heiges, Chairman David Slearns Noward Stephens Doug Thacker Gary M. Bayle, Chief inton property into :e per lot and the re protection to this . The relocation of ,-equirc you to of sufficient width `lease contact us for Apr 23 08 11:08a Robert Goff 501 796 8260 p.1 Earthtech PO Box 73 Vilonia, AR 72173 Robert L. Goff, PSC, PS rgoff@cyberbackcom April 23, 2008 James Jones Regional Customer Service Manager, Entergy Arkansas, Inc. 9'' and Louisiana PO Box 551 Lithe Rock, AR 72203 phone: (501) 796 - 2369 FAX: (501) 796 - 8260 Re: Lots 1, 2 and 3 of Minton Dairy Subdivision, Pulaski County, Arkansas Dear Mr. Jones, At your request evaluations were made at the above referenced property for the purpose of determining soil suitability for wastewater permits. Based on the site and soil conditions which I observed on April 22, 2008, it is my opinion that the proposed lots within the subdivision would be approved for wastewater systems by the ,Aransas Department of Health. Please contact me if you have comments or questions regarding this matter. Robert L_ Goff, PSC, PS ADH DR #919563 Qz-'� 4 Z�* Robert L. Goff City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 DATE: April 1, 2008 Entergy (2) Center Point - ARKLA AT & T (2) Central Arkansas Water Little Rock Wastewater Pulaski County Planning Little Rock Fire Department Public Works: Engineering, Traffic (2) NAME: Colonel Glenn Preliminary Plat TYPE OF ISSUE: Preliminary Plat FILE NUMBER: S-1518-A LOCATION: 14250 Colonel Glenn Road Parks and Recreation Department Planning and Development — Site Plan Review Planning and Development Graphics CATA TO WHO IT MAY CONCERN: On May 8, 2008_ the Little Rock Planning Commission will consider the above referenced issue. NOTE: The Interdepartmental Meeting at which this issue will be discussed will be held on April 11, 2008. NOTE: The Subdivision Committee Meeting at which this issue will be discussed will be held on April 17, 2008. A copy of the plan for the referenced issue is enclosed for your consideration, and your comments and/or recommendations will be appreciated. Sincerely, Donna James, AICP Subdivision Administrator (Please respond below and return this letter with your comments for our records.) Approved as Submitted. PLEASE RETURN COMMENTS BY April 14.2008, Easement (s) required (See attached plat or description.) *To all utilities: If an easement is requested which is in excess of 10 feet in width, provide justification for the easement or the request will not be included in the Planning Commission agenda. Comments: By: Enclosure City of Little Rock Department of Planning and Development Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 DATE: April 1, 2008 U Entergy (2) Center Point - ARKLA AT & T (2) Central Arkansas Water Little Rock Wastewater Pulaski County Planning Little Rock Fire Department Public Works: Engineering, Traffic (2) NAME: Colonel Glenn Preliminary Plat TYPE OF ISSUE: Preliminary Plat FILE NUMBER: S-1518-A LOCATION: 14250 Colonel Glenn Road Parks and Recreation Department Planning and Development — Site Plan Review Planning and Development Graphics CATA TO WHO IT MAY CONCERN: On May 8, 2008 the Little Rock Planning Commission will consider the above referenced issue. NOTE: The Interdepartmental Meeting at which this issue will be discussed will be held on April 11, 2008. NOTE: The Subdivision Committee Meeting at which this issue will be discussed will be held on April 17, 2008. A copy of the plan for the referenced issue is enclosed for your consideration, and your comments and/or recommendations will be appreciated. Sincerely, Donna James, AICP Subdivision Administrator (Please respond below and return this letter with your comments for our records.) Ll Approved as Submitted. PLEASE RETURN COMMENTS BY April 14, 2008, Easement (s) required (See attached plat or description.) *To all utilities: If an easement is requested which is in excess of 10 feet in width, provide justification for the easement or the request will not be included in the Planning Commission agenda. Comments: By: E sure ANEnte�gy May 2, 2008 Mr. Dana Carney Manager, Zoning and Subdivision City of Little Rock 723 W. Markham Little Rock, Arkansas 72201 Entergy Services, Inc. Legal Services Department 425 W. Capitol Avenue P. O. Box 551 Little Rock, AR 72203-0551 Tel 501 377 5838 Fax 501 377 5814 wdarlin@entergy.com Wm. Webster Darling Senior Counsel VIA HAND DELIVERY Re: Colonel Glenn Preliminary Plat Minton Dairy Subdivision, located at 14250 Colonel Glenn Road File No. S-1518-A Dear Mr. Carney: This letter is to address item no. 12 of the Planning Staff comments to the Preliminary Plat filed for the Minton Dairy Subdivision involving the letter dated April 8, 2008, sent by William G. Almand on behalf of Howard and Sue Ann Stephens. In short, both preliminary plats which have been filed with the City of Little Rock on March 31, 2008, and April 23, 2008, respectively, accurately describe and depict the East boundary of the Minton Dairy Subdivision established by the Court Decree entered on September 21, 2007, in connection with Pulaski County Circuit Case No. CV-06-13229 case styled Quinea Daniel Minton, et. al vs. Howard Stephens and Sue Ann Stephens, individually and in their capacities as Trustees of the Howard Grantland Stephens and Sue Ann Stephens Joint Revocable Trust. This Decree also was filed of record on March 31, 2008, with the Pulaski County Circuit Clerk, Division Six, Year 2007 at Page 2522 and included as part of the Application for Subdivision submitted in this matter on behalf of the real property owners. In his letter, Mr. Almand argues that the existing fence and a found pipe shown on the Preliminary Plat filed on March 31, 2008, somehow can be mistaken for the boundary between the property owned by his clients, Mr. and Mrs. Stephens, and the Minton Dairy Subdivision. This is so despite the fact that the Preliminary Plat clearly shows and describes the boundary established by the Court in the aforementioned action to quiet title in which Mr. and Mrs. Stephens were the party Defendants. Mr. Dana Carney May 2, 2008 Page 2 Nevertheless, so as there can be no argument of confusion or mistake, contrived or otherwise, as to the Court -established boundary between the property owned by Mr. Almand's clients and the Minton Dairy Subdivision, any depiction of this existing fence and found pipe has been removed from the Preliminary Plat as revised and filed on April 23, 2008. Certainly, if you have any further questions or comments concerning Mr. Almand's letter feel free to contact me at any time. Sincerely, Webster Darling WD/dpb WILLIAM G. ALMAND P.A. ATTORNEY AT LAW 10016 West Markham Little Rock, AR 72205 William G. Almand email: izalmandoalltel.net April 8, 2008 Dana Carney Little Rock Planning Commission 723 W. Markham Street Little Rock, Arkansas 72201 RE: Entergy Substation Revised CUP, Z-7980-A S-1518A Preliminary Plat Minton Dairy Subdivision 3/31/2008 Dear Mr. Carney, Tel: (501)219-8500 Fax: (501)219-8585 As you know, I represent Howard and Sue Ann Stephens, who are property owners who adjoin Entergy's Proposed Colonel Glenn Substation Property. The Stephens have provided me with a copy of a Central Arkansas Surveying, Inc. Preliminary Plat of Minton Dairy Subdivision filed with the Planning Commission by Entergy on bearing a receipt date of March 31, 2008. I had previously stated in my letter to you of February 20, 2008, that the fence lines and the wood lines are inaccurately depicted on the survey which had been filed January 23, 2008. In reviewing the Preliminary Plat, the fence line, depicted as the "Existing Fence" continues to be inaccurately depicted on the Preliminary Plat. The Fence line in large part is on the Stephens Western Boundary line with Tract 3. I have enclosed a partial copy of the Survey used by Judge Fox when he quieted title to the Minton -Stephens boundary in the recent court case to show that there are actually two fences in the area, one new fence and an old partial fencelines. The new fence which is depicted in the Preliminary Plat starts at the southern common boundary between the Stephens and the Mintons. The Preliminary Plat shows the fence line to be west of the boundary line in Tract 3 at the southwest corner of the Stephens property 10016 WEST MARKHAM STREET ♦ MARKHAM HEIGHTS PROFESSIONAL PARK ♦ LITTLE ROCK, ARKANSAS 72205 Letter to Dana Carney April 8, 2008 Page -2- and the southeast corner of Tract 3. Again, Mr. Chavis has stated and may contend that the depiction of the fence line is not intended to be exact, which if true, is a fact not noted on the drawing. Nevertheless, the Stephens remain concerned that one using the survey could easily mistake the location of the boundary line by observing the inaccurate location of the fence line, and the fact that Mr. Chavis placed a marker 11.39 feet east of his point of beginning on this Preliminary Plat, which could cause an encroachment on the Stephens property. In addition, the Plat states that a pipe was found 8.04' North and .48 feet East of the Point of Beginning of Tract 3. The Survey commissioned by the Stephens for the court case with the Mintons done by Scott Foster shows a 1-1/4" Pipe 7.11 feet North of the official corner as found by Judge Fox. This is another inconsistency noted in a review of the Preliminary Plat. Mr. Chavis is using the call from the southern common boundary as found by Judge Fox, and as measured on the enclosed surveys by Mr. Foster. The location of the pipe on the Preliminary Plat should not be different than that found by Mr. Foster. The Stephens respectfully request that the Planning Commission be provided an accurate plat from Entergy, one that can be relied upon by the Commission and the public as an official survey and not a preliminary drawing, which not even Mr. Chavis will state is accurate. Please advise me of the filing of any further plats in connection with this matter. Sincerely, William G. Almand WGA/cec cc: Howard & Sue Ann Stephens Members of Little Rock Planning Commission 10016 WEST MARKHAM STREET ♦ MARKHAM HEIGHTS PROFESSIONAL PARK ♦ LITTLE ROCK, ARKANSAS 72205 Letter to Dana Carney April 8, 2008 Page -3- Randy Satterfield Donna James 10016 WEST MARKHAM STREET ♦ MARKHAM HEIGHTS PROFESSIONAL PARK ♦ LITTLE ROCK, ARKANSAS 72205 DEED 1142.61' (DEED 1141.69') S02030'49"W 1137.98' N f �, •. ms s � � s a \o O] N �+ [7i i e = �o o g N a,� m� �Q- 2� °s uR g It 4g Pig e y^sg u G�� p�`"? 96, imsm NH R �yA ntmnn Ooyc mr[❑m••��eO� v�em�x'�S�AOA D�Ayx CA�Nr��J yjDN pD ��O mm nx0 +1 9m f--2Dr-m 85 ~CO'yON DOwx'"C�CO D1Sn0{Z mo zp,o3;A ,» Z1�yz"MmNTOS�~NON~O noo�Am"�'i��� ?mot", 0" x�.�=ry�1��m DzomA p$$�j! �(N mm��yoTp�y�i TNO �rOCIZ> ' F7 T »O'�jm U14 SSm oC�S�nr�p o�C�a DO Y DI�AyyDmm Nm F��y�y��4�TN DAZfII r� 1 ON9SDA W. o� g {Q m�TT= 'Q 0. 'Mm AA mzAOsi�If�A =m j=�� ANm oNN�m�mZJQ��•joA�t�+1�Atz�mm a r ti dam Entergy April 16, 2008 Mr. Dana Carney Manager, Zoning and Subdivision City of Little Rock 723 W. Markham Little Rock, AR 72201 Re: Notice of Public Hearing on an Application to Subdivide Property Dear Mr. Carney: Entergy Customer Service Ninth & Louisiana P.O. Box 551 Little Rock, AR 72203 Tel 501 396 4337 James E. Jones Regional Customer Service Manager Enclosed is Notice of Public Hearing before the Little Rock Planning Commission on an Application to Subdivide Property with signed Affidavit certifying that all owners of unplatted and all platted tracts adjacent to the proposed subdivision including across the street right-of-way have been given notice that a public hearing to consider this Application will be held in the Board of Directors Chamber, 2nd floor, Little Rock City Hall, on May 8, 2008, at 4.00 PM. Attached to the Notice and Affidavit are the US Postal Service Certified Mail Receipts and letter dated April 9, 2008, from Standard Abstract and Title Company, Inc., with the list of property owners of record. In addition to those property owners shown on the letter from Standard Abstract and Title Company, Inc. notification of this public hearing was also sent to the following as evidenced by the Certified Mail Receipts also attached to the Affidavit: (i) Howard and Sue Ann Stephens 14075 Colonel Glenn Road Little Rock, AR 72210 (ii) Minton, LLC 582 Channing Road Nashville, AR 71852 (iii) Emma Sue Thompson 14124 Colonel Glenn Road Little Rock, AR 72210 If you have any questions or comments feel free to contact me at any time. Sincerely, tames Jones Regional Customer Service Manager NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSIOON ON AN APPLICATION TO SUBDIVIDE PROPERTY To ALL owners of land lying adjacent to (including across the street from) the boundary of the property located at: Approximately 1.5 miles West of Lawson cut-off. (GENERAL LOCATION OF PROPERTY ON WHICH IS PROPOSED TO BE SUBDIVIDED) 14250 Colonel Glenn Road (ADDRESS OF PROPERTY TO BE SUBDIVIDED, IF AVAILABLE) Owned by: Q. D. Minton and Thelma Marie Minton, his wife; Larry Minton and Bernadeen Minton, his wife; Billie Jo Young; Thomas Minton and Ruth Ann Minton, his wife; (NAME OF OWNER) See attached. (ADDRESS OF OWNER) Number of proposed lots: 3 : Proposed use of property: Residential NOTICE IS HEREBY GIVEN THAT an application for the subdivision of the property cited above has been filed with the Department of Planning and Development. A public hearing to review a preliminary plat for this property will be held by the Little Rock Planning Commission on May 8,1008, at 4:00 P.M. in the Board of Directors Chamber, second floor, Little Rock City Hall, located at 500 W. Markham Street. Note: The platting into lots and streets may involve a request for variances or waivers from the standards set forth in the Subdivision Regulations of the City of Little Rock. ALL PARTIES IN INTEREST MAY APPEAR and be heard at the above cited time and place, or any party in interest may notify the Planning Commission of their views on this matter by letter. All persons interested in this request are invited to call or visit the Department of Planning and Development, located at 723 W. Markham St., phone, 371-4790, to review and discuss the application information with the Planning staff. Correspondence to the Planning Commission may be addressed to the Commission as a whole or to individual Commission members in care of the Little Rock Department of Planning and Development, 723 W. Markham St., Little Rock, AR 72201. AFFIDAVIT I hereby certify that I have notified all the abutting property owners of ord of the above property that subject property is being considered for subdivision and that a Public Baring is to be held by the Little Rock Planning Commission at the time and place described ab Applicant (Owner or Authorized Agent) NF��11 Q.D. and Thelma Minton 582 Channing Road Nashville, AR 71852 Thomas and Ruth Ann Minton 15403 Congo Ferndale Alexander, AR 72002 Billie Jo Young 13320 Colonel Glenn Road Little Rock, AR 72210 Larry and Bernadeen Minton 14123 Colonel Glenn Road Little Rock, AR 72210 Standard Abstract & Title Company, Inc. 3420 Old Cantrell Road - P.O. Box 7411 Little Rock, Arkansas 72217-7411 501-664-1300 OWNERSHIP REPORT April 9, 2008 I hereby certify that the following is a list of apparent owners of property lying adjacent to (including across Colonel Glenn Road) the following described lands: A part of the NE1/4 of Section 19, Township 1 North, Range 13 West, Pulaski County, Arkansas, being more particularly described as follows: Commencing at the Southeast comer of the NE1/4 of said Section 19; thence North 88 degrees 13 minutes 36 seconds West, along the South line of said NE1/4 of said Section 19 for a distance of 395.38 feet to the point of beginning; thence North 02 degrees 34 minutes 02 seconds East for a distance of 918.44 feet; thence South 59 degrees 24 minutes 52 seconds West for a distance of 175.00 feet; thence North 02 degrees 34 minutes 02 seconds East for a distance of 184.31 feet; thence South 59 degrees 24 minutes 52 seconds West for a distance of 248.18 feet; thence South 01 degree 54 minutes 34 seconds West a distance of 876.15 feet; thence South 88 degrees 13 minutes 36 seconds East for a distance of 344.27 feet to the point of beginning. I find the following ownerships: Larry Ray Minton and Bernadeen Minton, his wife 14123 Colonel Glenn Rd. Little Rock, Ar 72209 Source of title: Quitclaim Deed in Book 1454, Page 142 Howard Grantland Stephens and Sue Ann Stephens, Trustees of the Howard Grantland Stephens and Sue Ann Stephens Joint Revocable Trust Declaration dated the 281h day of July, 1997 14075 Colonel Glenn Rd. Little Rock, AR 72210 Source of title: Warranty Deed as Instrument No. 2006053601; Quitclaim Deed as Instrument No. 97-050378 Koban Family, LLC 5239 Brooklyn Ave., NE Seattle, WA 98105 Source of title: Warranty Deeds as Instrument Nos. 2001006815; 2001006816; 2001006818; and 2001006820 Michael L. Glidden and Faithann Glidden, his wife 14345 Colonel Glenn Rd. Little Rock, AR 72210 Source of title: Warranty Deed as Instrument No. 79-18965 Tammy J. McClain 14245 Colonel Glenn Rd. Little Rock, AR 72210-2216 Source of title: Warranty Deed as Instrument No. 97-040678 Gary S. Markland and Martha C. Markland 15515 Joiner Road Little Rock, AR 72210-2203 Source of title: Warranty Deed as Instrument No. 95-13667 Roy R. Jolley and Carolyn S. Jolley 14300 Colonel Glenn Road Little Rock, AR 72210 Source of title: Warranty Deeds as Instrument Nos. 2001013827 and 2005084001 Although due diligence was exercised in the preparation of the above report, Standard Abstract & Title Company, Inc. cannot absolutely guarantee the accuracy thereof and its liability shall be limited to the amount paid for said report. We cannot certify as to the accuracy of the addresses given, as they are taken from the records of the Pulaski County Assessor's Office. This Ownership Report is certified to March 31, 2008 at 7:00 a.m. Travis N. Bailey, Pr sident/COO Quattlebaum, Grooms, Tull & Burrow A PROFESSIONAL 1.D4= LIABILTrY COMPANY 111 Center Street Suite 1900 Randal B. Frazier Little Rock, Arkansas 72201 rrazier@ggtb.com April 2, 2008 Ms. Donna James Subdivision Administrator Department of Planning & Development City of Little Rock 723 W. Markham St. Little Rock, AR 72201 Re: Colonel Glenn Preliminary Plat, located at 14250 Colonel Glenn Road Dear Ms. James: (501) 379-1700 Telecopier (501) 379-1701 Writer's Direct Dial (501) 379-1771 Enclosed please find the remaining two (2) Affidavits for the Subdivision Application that was filed on March 31, 2008. Feel free to contact me if you have any questions regarding this matter. Sincerely, QUATTLEBAUM, GROOMS, TULL & BURROW PLLC Fr er RBF: ams enclosures AFFIDAVIT I, Billie Jo Young certify by my signature below that I hereby authorize Entergy Arkansas, Inc. and its contractors, agents, or assigns to act as our agent regarding the Subdivision Application of the below described property. Property described as: Tracts 1 and 3 as described in the Pulaski County Circuit Coixt Decree attached hereto as Exhibit "A" and made a part hereof. Signature of Title Holder Date: Y / b Billie Jo Youn ACKNOWLEDGMENT STATE OF ARKANSAS ) ss. COUNTY OF ) On this day of , 2008, before me, the undersigned officer, personally appeared Billie Jo Young known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of 11 coil— , 2008. My Commission Expires: �;A,-3 G19 (SEAL)�� r � NO ARY P C �� L� IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS SIXTH DIVISION QUINEA DANIEL MINTON, THOMAS MINTON, THELMA MARIE MINTON, RUTH ANN MINTON, BILLIE JO YOUNG, LARRY RAY MINTON and BERNADEEN MINTON v. No, CV-06-13229 HOWARD STEPHENS and SUE ANN STEPHENS, individually and in their capacities as trustees of the Howard Grantland Stephens and Sue Ann Stephens Joint Revocable Trust DECREE PETITIONERS RESPONDENTS On the 31 st day of May, 2007, this matter came on for trial and from the pleadings filed herein, the testimony and evidence presented, argument of counsel, and all things and matters properly before the court, the court doth find and decree as follows: Petitioner's Motion to Dismiss Respondent's Counterclaim is granted in part and denied in part, The Counterclaim is dismissed without prejudice as to all persons, their heirs, successors, and assigns not presently befor6'the court, 2. Title to the following real property, as against the named Respondents herein, their heirs, successors, and assigns, and against any and all other persons, is hereby quieted in Quinea Daniel Minton, Thomas Minton, Thelma Marie Minton, Ruth Ann Minton, and Billie Jo Young: Exhibit "A" TRACT 1 A PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKA.NSAS BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 88 DEG. 13 MIN. 36 SEC. WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19 FOR A DISTANCE OF 739.65 FEET; THENCE NORTH 01 DEG. 54 MIN. 34 SEC. EAST FOR A DISTANCE OF 456.74 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEG, 50 MIN, 50 SEC. EAST ALONG THE CENTERLINE OF CREEK FOR A DISTANCE OF 27,55 FEET; THENCENORTH 56 DEG. 13 MIN. 02 SEC. EAST ALONG THE CENTERLINE OF CREEK FOR A DISTANCE OF 56.40 FEET; THENCE SOUTH 77 DEG, 55 MIN, 48 SEC, EAST ALONG CENTERLINE OF CREEK FOR A DISTANCE OF 53.89 FEET; THENCE SOUTH 63 DEC, 55 MIN, 49 SEC. EAST ALONG CENTERLINE OF CREEK FOR A DISTANCE OF 60,24 FEET, THENCE NORTH 01 DEG. 59 MIN, 46 SEC. EAST FOR A DISTANCE OF 391.68 FEET; THENCE NORTH 09 DEG, 14 MIN. 12 SEC, WEST FOR A DISTANCE OF 189.48 FEET; THENCE SOUTH 59 DEG. 24 MIN, 52 SEC. WEST FOR A DISTANCE OF 172.29 FEET; THENCE SOUTH 01 DEG. 54 MIN. 34 SEC. WEST FOR A DISTANCE OF 484.61 FEET TO THE POINT OF BEGINNING, CONTAINING 2.11 ACRES, MORE OR LESS, TRACT 3 A PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 88 DEG, 13 MIN. 36 SEC. WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19 FOR A DISTANCE OF 395.38 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEG, 13 MIN. 36 SEC. WEST ALONG SAID SOUTH LINE FOR A DISTANCE OF 344.27 FEET; THENCE NORTH 01 DEG, 54 MIN, 34 SEC, EAST FOR A DISTANCE OF 456.74 FEET; THENCE SOUTH 89 DEG. 50 MIN. 50 SEC. EAST ALONG THE CENTERLINE OF CREEK FOR A DISTANCE OF 27,55 FEET; THENCE NORTH 56 DEG. 13 MIN. 02 SEC, EAST ALONG THE CENTERLINE OF CREEK FOR A DISTANCE OF 56.40 FEET; THENCE SOUTH 77 DEG. 55 MIN, 48 SEC. EAST ALONG CENTERLINE OF CREEK FOR A DISTANCE OF 53.89 FEET; THENCE SOUTH 63 DEG. 55 MIN. 49 SEC. EAST ALONG CENTERLINE OF CREEK FOR A DISTANCE OF 60.24 FEET; THENCE SOUTH 01 DEG. 59 MIN. 46 SEC. WEST FOR A DISTANCE OF 75.38 FEET; THENCE SOUTH 88 DEG. 19 MIN. 05 SEC. EAST FOR A DISTANCE OF 167.40 FEET; THENCE SOUTH 02 DEG, 34 MIN. 02 SEC. WEST FOR A DISTANCE OF 380.82 FEET TO THE POINT OF BEGINNING, CONTAINING 3.41 ACRES, MORE OR LESS, 3. Title to the following real property, as against the named Respondents herein, their heirs, successors, and assigns, and against any and all other persons, is hereby quieted in Larry Minton and Bernadeen Minton: TRACT 2 A PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 88 DEG, 13 MIN. 36 SEC. WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER FOR A DISTANCE OF 395,38 FEET; THENCE NORTH 02 DEC. 34 MIN. 02 SEC. EAST FOR A DISTANCE OF 380.82 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 DEG, 34 MIN, 02 SEC, EAST FOR A DISTANCE OF 537.62 FEET; THENCE SOUTH 59 DEG. 24 MIN, 52 SEC, WEST FOR A DISTANCE OF 175.00 FEET; THENCE NORTH 02 DEG. 34 MIN. 02 SEC. EAST FOR A DISTANCE OF 250.00 FEET; THENCE SOUTH 59 DEG, 24 MIN. 52 SEC. WEST FOR A DISTANCE OF 76.78 FEET; THENCE SOUTH 09 DEG, 14 MIN. 12 SEC. EAST FOR A DISTANCE OF 189,48 FEET; THENCE SOUTH 01 DEG. 59 MIN. 46 SEC. WEST FOR A DISTANCE OF 467.06 FEET; THENCE SOUTH 88 DEG, 19 MIN. 05 SEC. EAST FOR A DISTANCE OF 167.40 FEET TO THE POINT OF BEGINNING, CONTAINING 2.12 ACRES, MORE OR LESS. THE "LESS AND EXCEPT ACRE:" A PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 88 DEG. 13 MIN, 36 SEC. WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER FOR A DISTANCE OF 395.38 FEET TO A POINT; THENCE NORTH 02 DEG, 34 MIN, 02 SEC, EAST FOR A DISTANCE OF 918.44 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 DEG. 34 MIN. 02 SEC. EAST FOR A DISTANCE OF 250,00 FEET; THENCE SOUTH 59 DEG, 24 MIN. 52 SEC, WEST FOR A DISTANCE OF 175.00 FEET; THENCE SOUTH 02 DEG. 34 MIN. 02 SEC. WEST FOR A DISTANCE OF 250.00 FEET; THENCE NORTH 59 DEG. 24 MIN, 52 SEC. EAST FOR A DISTANCE OF 175.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.85 ACRES, MORE OR LESS. Title to the following real property, as against the Petitioners, their heirs, successors, and assigns, but not as against persons not parties to this litigation is quieted in the Howard Grantland Stephens and Sue Ann Stephens Joint Revocable Trust: PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 19, TOWNSHIP I NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND ONE HALF INCH REBAR AS SHOWN ON SURVEY BY J. 0. JONES AND DATED APRIL 18, 1945, TROY D, LAHA AND DATED NOVEMBER 26, 1985 AND JAMES L. BUTLER AND DATED MARCH 27, 2001 USED FOR THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 19; THENCE NORTH 88 DEGREES 13 MINUTES 36 SECONDS WEST ALONG THE SOUTH LINE OF THE SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND PASSING OVER A FOUND FIVE EIGHTHS INCH REBAR WITH CAP (PLS 1253) AT 383.99 FEET FOR A TOTAL DISTANCE OF 395.38 FEET TO A POINT; THENCE NORTH 02 DEGREES 34 MINUTES 02 SECONDS EAST AND PASSING OVER A ONE AND ONE QUARTER INCH PIPE AT 7.11 FEET FOR A TOTAL DISTANCE OF 1142,61 FEET TO A FOUND TWO INCH PIPE ON THE SOUTH RIGHT OF WAY LINE OF COLONEL GLENN ROAD; THENCE NORTH 61 DEGREES 50 MINUTES 22 SECONDS EAST 199.08 FEET ALONG THE SAID SOUTH RIGHT OF WAY TO A FOUND ONE HALF INCH REBAR; THENCE SOUTH 01 DEGREES 49 MINUTES 50 SECONDS WEST 93.51 FEET TO A FOUND THREE EIGHTS INCH REBAR; THENCE SOUTH 85 DEGREES 14 MINUTES 56 SECONDS EAST 222.11 FEET TO A FOUND ONE HALF INCH REBAR ON THE EAST LINE OF THE SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 02 DEGREES 30 MINUTES 49 SECONDS WEST 1136,88 FEET TO THE POINT OF BEGINNING CONTAINING 10.56 ACRES MORE OR LESS. It is so ORDERED AND DECREED, Entered this _ day of SEP n n 7ftf17 , 2007. TIMOTHY DAVIS FOX CIRCUIT JUDGE WGrooms, C leattlrow PLLC 111 Center Street, Sutie 1900 Little Rack, AR 72201 (501) 379-1700 FAX (501) 379-1701 AFFIDAVIT We, Thomas Minton and Ruth Ann Minton certify by our signatures below that we hereby authorize Entergy Arkansas, Inc. and its contractors, agents, or assigns to act as our agent regarding the Subdivision Application of the below described property. Property described as: Tract 1 and 3 as described in the Pulaski County Circuit Court Decree attached hereto as Exhibit "A" and made a part hereof. Signatures of Title Holders Thomas Minton Ruth Ann Minton STATE OF ARKANSAS COUNTY OF &1 Date: 3 0c Date; A/ eylp ACKNOWLEDGMENT ss. On this .� t •at day of ff A C (- 2008, before me, the undersigned officer, personally appeared Thomas Minton and Ruth Ann Minton, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 1_ f-2 day of �Y t �-1, , 2008. My Commission Expires: 6— 1 � 61 u y (SEAL) Le �..�r NOTARY PUBLIC IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS SIXTH DIVISION QUINEA DANIEL MINTON, THOMAS MINTON, THELMA MARIE MINTON, FLUTH ANN MINTON, BILLIE JO YOUNG, LARRY RAY MINTON and BERNADEEN MINTON PETITIONERS V. No, CV-06-13229 HOWARD S'MPHENS and SUE ANN STEPHENS, individually and in their capacities as trustees of the Howard Grantland Stephens and Sue Ann Stephens Joint Revocable Trust RESPONDENTS DECREE On the 31 st day of May, 2007, this matter came on for trial and from the pleadings filed herein, the testimony and evidence presented, argument of counsel, and all things and matters properly before the court, the court doth find and decree as follows: 1. Petitioner's Motion to Dismiss Respondent's Counterclaim is granted in part and denied in part, The Counterclaim is dismissed without prejudice as to all persons, their heirs, successors, and assigns not presently beford the court. 2. Title to the following real property, as against the named Respondents herein, their heirs, successors, and assigns, and against any and all other persons, is hereby quieted in Quinea Daniel Minton, Thomas Minton, Thelma Marie Minton, Ruth Ann Minton, and Billie Jo Young: Exhibit "A" TRACT 1 A PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 88 DEG. 13 MIN, 36 SEC, WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19 FOR A DISTANCE OF 739.65 FEET; THENCE NORTH 01 DEG. 54 MIN, 34 SEC, EAST FOR A DISTANCE OF 456.74 FEET TO THE POINT' OF BEGINNING; THENCE SOUTH S9 DEG, 50 MIN. 50 SEC, EAST ALONG THE CENTERLINE OF CREEK FOR A DISTANCE OF 27.55 FEET; THENCE NORTH 56 DEG. 13 MIN. 02 SEC. EAST ALONG THE CENTERLINE OF CREEK FOR A DISTANCE, OF 56,40 FEET; THENCE SOUTH 77 DEG, 55 MIN. 48 SEC, EAST ALONG CENTERLINE OF CREEK FOR A DISTANCE OF 53.89 FEET; THENCE SOUTH 63 DEG. 55 MIN. 49 SEC. EAST ALONG CENTERLINE OF CREEK FOR A DISTANCE OF 60.24 FEES, THENCE NORTH 01 DEC. 59 MIN, 46 SEC. EAST FOR A DISTANCE OF 391.68 FEET; THENCE NORTH 09 DEG. 14 MIN. 12 SEC, WEST FOR A DISTANCE OF 189.48 FEET; THENCE SOUTH 59 DEG. 24 MIN. 52 SEC, WEST FOR A DISTANCE OF 172.29 FEET, THENCE SOUTH 01 DEG, 54 MIN. 34 SEC. WEST FOR A DISTANCE OF 484.61 FEET TO THE POINT OF BEGINNING, CONTAINING 2.11 ACRES, MORE OR LESS, TRACT 3 A PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP I NORTH, RANGED WEST, PULASKI COUNTY, ARKANSAS BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 88 DEG. 13 MIN. 36 SEC. WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19 FOR A DISTANCE OF 3 95.3 8 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEG, 13 MIN. 36 SEC. WEST ALONG SAID SOUTH LINE FOR A DISTANCE OF 344.27 FEET; THENCE NORTH 01 DEG, 54 MIN. 34 SEC. EAST FOR A DISTANCE OF 456.74 FEET, THENCE SOUTH 89 DEG. 50 MIN. 50 SEC. EAST ALONG THE CENTERLINE OF CREEK FOR A DISTANCE OF 27.55 FEET; THENCE NORTH 56 DEG. 13 MIN. 02 SEC, EAST ALONG THE CENTERLINE OF CREEK FOR A DISTANCE OF 56.40 FEET; THENCE SOUTH 77 DEG. 55 MIN, 48 SEC. EAST ALONG CENTERLINE OF CREEK FOR A DISTANCE OF 53.89 FEET; THENCE SOUTH 63 DEG. 55 MIN. 49 SEC, EAST ALONG CENTERLINE OF CREEK FOR A DISTANCE OF 60.24 FEET; THENCE SOUTH 01 DEG. 59 MIN. 46 SEC, WEST FOR A DISTANCE OF 75.3 8 FEET; THENCE SOUTH 88 DEG, 19 MIN, 05 SEC, EAST FOR A DISTANCE OF 167.40 FEET; THENCE SOUTH 02 DEG, 34 MIN. 02 SEC. WEST FOR A DISTANCE OF 3 80.82 FEET TO THE POINT OF BEGINNING, CONTAINING 3.41 ACRES, MORE OR LESS. 3. Title to the following real property, as against the named Respondents herein, their heirs, successors, and assigns, and against any and all other persons, is hereby quieted in Larry Minton and Bernadeen Minton: TRACT 2 A PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS BEING MORE FULLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 88 DEG, 13 MIN, 36 SEC. WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER FOR A DISTANCE OF 395.38 FEET; THENCE NORTH 02 DEG. 34 MIN. 02 SEC. EAST FOR A DISTANCE OF 3 90.82 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 DEG, 34 MIN, 02 SEC. EAST FOR A DISTANCE OF 537,62 FEET; THENCE SOUTH 59 DEG. 24 MIN. 52 SEC, WEST FOR A DISTANCE OF 175.00 FEET; THENCE NORTH 02 DEG. 34 MIN, 02 SEC. EAST FOR A DISTANCE OF 250.00 FEET; THENCE SOUTH 59 DEG. 24 MIN. 52 SEC. WEST FOR A DISTANCE OF 76.78 FEET; THENCE SOUTH 09 DEG. 14 MIN. 12 SEC. EAST FOR A DISTANCE OF 189.48 FEET; THENCE SOUTH 01 DEG. 59 MIN. 46 SEC. WEST FOR A DISTANCE OF 467,06 FEET; THENCE SOUTH 88 DEG. 19 MIN. 05 SEC. EAST FOR A DISTANCE OF 167.40 FEET TO THE POINT OF BEGINNING, CONTAINING 2.12 ACRES, MORE OR LESS. THE "LESS AND EXCEPT ACRE:" A PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCENORTH 88 DEG. 13 MIN. 36 SEC. WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER FOR A DISTANCE OF 395.38 FEET TO A POINT; THENCE NORTH 02 DEG. 34 MIN. 02 SEC. EAST FOR A DISTANCE OF 918.44 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 DEG. 34 MIN. 02 SEC. EAST FOR A DISTANCE OF 250.00 FEET; THENCE SOUTH 59 DEG. 24 MIN, 52 SEC, WEST FOR A DISTANCE OF 175.00 FEET; THENCE SOUTH 02 DEG. 34 MIN. 02 SEC. WEST FOR A DISTANCE OF 250.00 FEET; THENCE NORTH 59 DEG. 24 MIN, 52 SEC. EAST FOR A DISTANCE OF 175.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.85 ACRES, MORE OR LESS, 4. Title to the following real property, as against the Petitioners, their heirs, successors, and assigns, but not as against persons not parties to this litigation is quieted in the Howard Grantland Stephens and Sue Ann Stephens Joint Revocable Trust: PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 19, TOWNSHIP I NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND ONE HALF INCH REBAR AS SHOWN ON SURVEY BY J. 0. JONES AND DATED APRIL 18, 1945, TROY D. LAHA AND DATED NOVEMBER 26, 1985 AND JAMES L. BUTLER AND DATED MARCH 27, 2001 USED FOR THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 19; THENCE NORTH 88 DEGREES 13 MINUTES 36 SECONDS WEST ALONG THE SOUTH LINE OF THE SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND PASSING OVER A FOUND FIVE EIGHTHS INCH REBAR WITH CAP (PLS 1253) AT 383.99 FEET FOR A TOTAL DISTANCE OF 395.38 FEET TO A POINT; THENCE NORTH 02 DEGREES 34 MINUTES 02 SECONDS EAST AND PASSING OVER A ONE AND ONE QUARTER INCH PIPE AT 7.11 FEET FOR A TOTAL DISTANCE OF 1142.61 FEET TO A FOUND TWO INCH PIPE ON THE SOUTH RIGHT OF WAY LINE OF COLONEL GLENN ROAD; THENCE NORTH 61 DEGREES 50 MINUTES 22 SECONDS EAST 199.08 FEET ALONG THE SAID SOUTH RIGHT OF WAY TO A FOUND ONE HALF INCH REBAR; THENCE SOUTH 01 DEGREES 49 MINUTES 50 SECONDS WEST 93.51 FEET TO A FOUND THREE EIGHTS INCH REBAR; THENCE SOUTH 85 DEGREES 14 MINUTES 56 SECONDS LAST 222.11 FEET TO A FOUND ONE HALF INCH REBAR ON THE EAST LINE OF THE SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 02 DEGREES 30 MINUTES 49 SECONDS WEST 1136.88 FEET TO THE POINT OF BEGINNING CONTAINING 10.56 ACRES MORE OR LESS. It is so ORDERED AND DECREED, Entered this _ day of gro n n 711A7 , 2007. ti TIMOTHY DAVIS FOX CIRCUIT JUDGE P Y: C rles . Schl 4r(17253} ttlebaurn, GrooBurrow PLLC 111 Center Street, Sutie 1900 Little Rock, AR 72201 (501) 379-1700 FAX (501) 379-1701 4% "Entergy March 31, 2008 Ms. Donna James Subdivision Administrator Department of Planning & Development City of Little Rock 723 W. Markham St. Little Rock, AR 72201 Entergy Customer Service Ninth & Louisiana P.O. Box 551 Little Rock, AR 72203 Tel 501 396 4337 James E. Jones Regional Customer Service Manager FIE MAR 3 1 �L08 Bar. Re: Colonel Glenn Preliminary Plat, located at 14250 Colonel Glenn Road Dear Ms. James: On behalf of the owners, Q.D. Minton, Thelma Marie Minton, Billie Jo Young, Thomas Minton, Ruth Ann Minton, Larry Ray Minton and Bernadeen Minton (collectively "Mintons"). Entergy Arkansas, Inc. is requesting the subdivision of a 7.8 acre tract at 14250 Colonel Glenn Road. The plat proposes that the property be subdivided, the average size being 2.6 acres, and the smallest being 2.10 acres. The property is currently zoned R-2. Although the property is in Pulaski County, it falls within the City of Little Rock's planning jurisdiction. A plat of this property was previously approved by the Little Rock Planning Commission on May 11, 2006. The plat contained variances that were approved by the Planning Commission at its May 11, 2006 hearing and were further approved and granted by the Little Rock Board of Directors on February 20, 2007 by Ordinance No. 19706. The plat was approved subject to the east property line being established by a court decree. The Decree establishing the boundary which was entered in Case No. CV-06-13229 on September 21, 2007 and filed of record on March 31, 2008 with the Pulaski County Circuit Clerk in Division: 6 Year 2007 at Page 2522 is included with this Application. The proposed plat is substantially the same as the previously approved plat with variances. We are re -filing the plat for the following two purposes: 1. To reflect the proper legal description based upon the Pulaski County Court Decree; and 2. To correctly reference the names of the owners of the property being subdivided. Colonel Glenn Preliminary Plat Page 2 Entergy is requesting the following variances in connection with this Application: 1. Variances from Chapter 31, Section 31-231 to allow the development of a lot without public street frontage for Lot 3 of the proposed plat; and 2. Variances from the provisions of Chapter 31, Section 31-232(b) to allow the development of a lot with an increased lot depth to width ratio for Lot 2. These same variances were approved in the previously approved plat. Enclosed are the following items: 1. A check in the amount of $328.00; 2. Affidavits of the property owners; 3. 18 copies of the preliminary plat; 4. Proposed Bill of Assurance; 5. Information Sheet for Subdivision Application; and 6. Variance/Waiver Request Form. We would ask that this matter be placed on the May 8, 2008 Planning Commission Agenda. Feel free to contact me if you have any questions regarding this matter. Sincerely, James E. Jones Subd.doc 4 09/22/05 INFORMATION SHEET FOR SUBDIVISION, PUD's, PD's, ZONING OR SUBDIVISION SITE PLAN REVIEWS ITEM NO FILE NO. _ !1 A NAME: Colonel Glenn PrelimingEy Plat LOCATION: 14250 Colonel Glenn Road DEVELOPER: Entergy Arkansas Inc. STREET ADDRESS 425 W. Ca itol Ave. 271h Floor CITY/STATE/ZIP Little Rock AR TELEPHONE NO. 501 396-4337 DATE 3/31/08 ENGINEER: Central Arkansas Surveying, Inc. c/o Bruce Chavis STREET ADDRESS 1012 Autumn Rd.. Ste. 1 CITY/STATE/ZIP Little Rock AR 72211 TELEPHONE NO, 501 223-0496 AREA 7.8 Acres FT. NEW STREET ZONING R-2 PLANNING DISTRICT NUMBER OF LOTS PROPOSED USES Residential CENSUS TRACT VARIANCES REQUESTED 1.) Variance from Section 31-231 for development without public street frontage 2.) Variance from Section 31-232(b) to allow increased lot width ratio for Lot 2 3.) 4.) Subd.doc 4 09/22/05 VARIANCE/WAIVER REQUEST FORM Date Filed March 31, 2008 Plat Name Colonel Glenn Preliminary Plat File No. f):� ISI V -A Owner: Minton Family Address: 14250 Colonel Glenn Road Engineer: Central Arkansas Surve)dng, Inc. Address: 1012 Autumn Road. Ste. 1 Little Rock, AR 72210 Little Rock, AR 72211 Phone: (501) 396-4337 Applicant's Number Phone: 501 223-0496 Variance(s) Requested: (1) Variance from Section 31-231 for development without public street frontage (2) Variance from Section 31-232(bl to allow increased lot width ratio for Lot 2 (3) Waiver of required sidewalk construction (4) Deferral of required street improvements Justification: None of the Variances/Waivers will neizatively impact the development of the lots. Applicant's Signature: Date March 31 2008 PLANNING COMMISSION ACTION: Approval ( ) DatE Denial ( ) Date Basis for Decision BOARD OF DIRECTORS ACTION: Approval ( ) Date Denial ( ) Date Basis for Decision AFFIDAVIT We, Q. D. Minton and Thelma Marie Minton and certify by our signatures below that we hereby authorize Entergy Arkansas, Inc. and its contractors, agents, or assigns to act as our agent regarding the Subdivision Application of the below described property. Property described as: Tracts 1 and 3 as described in the Pulaski County Circuit Court Decree attached hereto as Exhibit "A" and made a part hereof. Signatures of Title Holders Q. D. Minton N,, JXI� Thelma Marie Minton Date: 3 °-2 9- 0 �r Date: -? '-2 & —D9i ACKNOWLEDGMENT STATE OF ARKANSAS ) ss. COUNTY OF On this Q day of 2008, before me, the undersigned officer, personally appeared Q.D. Minton and Thelma Marie Minton, husband and wife, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this aR- day of , 2008. W I , RP / V. di � 11 " IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS SIXTH DIVISION QUINEA DANIEL MINTON, THOMAS MINTON, THELMA MARIE MINTON, RUTH ANN MINTON, BILLIE JO YOUNG, LARRY RAY MINTON and BERNADEEN MINTON V. No, CV-06-13229 HOWAR.D STEPHENS and SUE ANN STEPHENS, individually and in their capacities as trustees of the Howard Grantland Stephens and Sue Ann Stephens Joint Revocable Trust DECREE PETITIONERS RESPONDENTS On the 31 st day of May, 2007, this matter came on for trial and from the pleadings filed herein, the testimony and evidence presented, argument of counsel, and all things and matters properly before the court, the court doth find and decree as follows: 1. Petitioner's Motion to Dismiss .Respondent's Counterclaim is granted in part and denied in part. The Counterclaim is dismissed without prejudice as to all persons, their heirs, successors, and assigns not presently befor6 the court, 2. Title to the following real property, as against the named Respondents herein, their heirs, successors, and assigns, and against any and all other persons, is hereby quieted in Quinea Daniel Minton, Thomas Minton, Thelma Marie Minton, Ruth Ann Minton, and Billie Jo Young: Exhibit "A" TRACT 1 A PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 88 DEG. 13 MIN. 36 SEC. WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19 FOR A DISTANCE OF 739.65 FEET; THENCE NORTH 01 DEG. 54 MIN, 34 SEC. EAST FOR A DISTANCE OF 456.74 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEG, 50 MIN. 50 SEC, EAST ALONG THE CENTERLINE OF CREEK FOR A DISTANCE OF 27.55 FEET; THENCENORTH 56 DEG. 13 MIN. 02 SEC. EAST ALONG THE CENTERLINE OF CREEK FOR A DISTANCE OF 56.40 FEET; THENCE SOUTH 77 DEG. 55 MIN, 48 SEC, EAST ALONG CENTERLINE OF CREEK FOR A DISTANCE OF 53.89 FEET; THENCE SOUTH 63 DEG. 55 MIN. 49 SEC. EAST ALONG CENTERLINE OF CREEK FOR A DISTANCE OF 60.24 FEET; THENCE NORTH 01 DEG. 59 MIN. 46 SEC. EAST FOR A DISTANCE OF 391.68 FEET; THENCE NORTH 09 DEG, 14 MIN. 12 SEC, WEST FOR A DISTANCE OF 189.48 FEET; THENCE SOUTH 59 DEG. 24 MIN. 52 SEC. WEST FOR A DISTANCE OF 172.29 FEET; THENCE SOUTH 01 DEG. 54 MIN, 34 SEC. WEST FOR A DISTANCE OF 484.61 FEET TO THE POINT OF BEGINNING, CONTAINING 2.11 ACRES, MORE OR LESS. TRACT 3 A PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 88 DEG. 13 MIN. 36 SEC, WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19 FOR A DISTANCE OF 3 95.3 8 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEG. 13 MIN. 36 SEC. WEST ALONG SAID SOUTH LINE FOR A DISTANCE OF 344.27 FEET; THENCE NORTH 01 DEG. 54 MIN. 34 SEC. EAST FOR A DISTANCE OF 456.74 FEET; THENCE SOUTH 89 DEG. 50 MIN. 50 SEC. EAST ALONG THE CENTERLINE OF CREEK FOR A DISTANCE OF 27.55 FEET; THENCE NORTH 56 DEG. 13 MIN. 02 SEC. EAST ALONG THE CENTERLINE OF CREEK FOR A DISTANCE OF 56.40 FEET; THENCE SOUTH 77 DEG. 55 MIN, 48 SEC. EAST ALONG CENTERLINE OF CREEK FOR A DISTANCE OF 53.89 FEET; THENCE SOUTH 63 DEG, 55 MIN, 49 SEC. EAST ALONG CENTERLINE OF CREEK FOR A DISTANCE OF 60.24 FEET; THENCE SOUTH 01 DEG. 59 MIN. 46 SEC, WEST FOR A DISTANCE OF 75.38 FEET; THENCE SOUTH 88 DEG. 19 MIN. 05 SEC. EAST FOR A DISTANCE OF 167.40 FEET; THENCE SOUTH 02 DEG, 34 MIN. 02 SEC. WEST FOR A DISTANCE OF 380.82 FEET TO THE POINT OF BEGINNING, CONTAINING 3.41 ACRES, MORE OR LESS. 3. Title to the following real property, as against the named Respondents herein, their heirs, successors, and assigns, and against any and all other persons, is hereby quieted in Larry Minton and Bernadeen Minton: TRACT 2 A PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 88 DEG. 13 MIN. 36 SEC, WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER FOR A DISTANCE OF 395.3 8 FEET; THENCE NORTH 02 DEG. 34 MIN. 02 SEC. EAST FOR A DISTANCE OF 3 80.82 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 DEG. 34 MIN. 02 SEC. EAST FOR A DISTANCE OF 537.62 FEET; THENCE SOUTH 59 DEG. 24 MIN. 52 SEC, WEST FOR A DISTANCE OF 175.00 FEET; THENCE NORTH 02 DEG. 34 MIN. 02 SEC. EAST FOR A DISTANCE OF 250.00 FEET; THENCE SOUTH 59 DEG. 24 MIN. 52 SEC, WEST FOR A DISTANCE OF 76.78 FEET; THENCE SOUTH 09 DEG. 14 MIN. 12 SEC, EAST FOR A DISTANCE OF 189.48 FEET; THENCE SOUTH 01 DEG. 59 MIN. 46 SEC. WEST FOR A DISTANCE OF 467.06 FEET; THENCE SOUTH 88 DEG. 19 MIN. 05 SEC. EAST FOR A DISTANCE OF 167.40 FEET TO THE POINT OF BEGINNING, CONTAINING 2.12 ACRES, MORE OR LESS. THE "LESS AND EXCEPT ACRE:" A PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 88 DEG. 13 MIN. 36 SEC, WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER FOR A DISTANCE OF 395.38 FEET TO A POINT; THENCE NORTH 02 DEG, 34 MIN, 02 SEC. EAST FOR A DISTANCE OF 918.44 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 DEG. 34 MIN. 02 SEC. EAST FOR A DISTANCE OF 250.00 FEET; THENCE SOUTH 59 DEG. 24 MIN. 52 SEC, WEST FOR A DISTANCE OF 175.00 FEET; THENCE SOUTH 02 DEG, 34 MIN. 02 SEC. WEST FOR A DISTANCE OF 250.00 FEET; THENCE NORTH 59 DEG. 24 MIN. 52 SEC, EAST FOR A DISTANCE OF 175.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.85 ACRES, MORE OR LESS, 4. Title to the following real property, as against the Petitioners, their heirs, successors, and assigns, but not as against persons not parties to this litigation is quieted in the Howard Grantland Stephens and Sue Ann Stephens Joint Revocable Trust: PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 19, TOWNSHIP I NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND ONE HALF INCH REBAR AS SHOWN ON SURVEY BY J. 0. JONES AND DATED APRIL 18, 1945, TROY D. LAHA AND DATED NOVEMBER 26, 1985 AND JAMES L. BUTLER AND DATED MARCH 27, 2001 USED FOR THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 19; THENCE NORTH 88 DEGREES 13 MINUTES 36 SECONDS WEST ALONG THE SOUTH LINE OF THE SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND PASSING OVER A FOUND FIVE EIGHTHS INCH REBAR WITH CAP (PLS 1253) AT 383.99 FEET FOR A TOTAL DISTANCE OF 395.38 FEET TO A POINT; THENCE NORTH 02 DEGREES 34 MINUTES 02 SECONDS EAST AND PASSING OVER A ONE AND ONE QUARTER INCH PIPE AT 7.11 FEET FOR A TOTAL DISTANCE OF 1142.61 FEET TO A FOUND TWO INCH PIPE ON THE SOUTH RIGHT OF WAY LINE OF COLONEL GLENN ROAD; THENCE NORTH 61 DEGREES 50 MINUTES 22 SECONDS EAST 199.08 FEET ALONG THE SAID SOUTH RIGHT OF WAY TO A FOUND ONE HALF INCH REBAR; THENCE SOUTH 01 DEGREES 49 MINUTES 50 SECONDS WEST 93.51 FEET TO A FOUND THREE EIGHTS INCH REBAR; THENCE SOUTH 85 DEGREES 14 MINUTES 56 SECONDS EAST 222.11 FEET TO A FOUND ONE HALF INCH REBAR ON THE EAST LINE OF THE SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 02 DEGREES 30 MINUTES 49 SECONDS WEST 1136.88 FEET TO THE POINT OF BEGINNING CONTAINING 10.56 ACRES MORE OR LESS. It is so ORDERED AND DECREED. Entered this T day of SEP n n ?I1f17 , 2007. it r TIMOTHY DAVIS FOX CIRCUIT JUDGE q�4g6/(7 s . Sc 9253) ebaum, Gro& Burrow PLLC 111 Center Street, Sutie 1900 Little Rock, AR 72201 (501) 379-1700 FAX (501) 379-1701 AFFIDAVIT We, Larry Minton and Bernadeen Minton certify by our signatures below that we hereby authorize Entergy Arkansas, Inc. and its contractors, agents, or assigns to act as our agent regarding the Subdivision Application of the below described property. Property described as: Tract 2 as described in the Pulaski County Circuit Court Decree attached hereto as Exhibit "A" and made a part hereof. Signatures of Title Holders Larry M R= T ram}► r..��,.�Ca. _ a ��� Bernadeen Minton Date: 3 - 3 o-05? Date: - 30 - 0 ACKNOWLEDGMENT STATE OF ARKANSAS } ) ss. COUNTY O &,,e" } On this day of , 2008, before me, the undersigned officer, personally appeared Larry Minton and Bernadeen Minton, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WEREOF, I have hereunto set my hand and official seal this 3,9t4 day of Gin 2008. N fARY UBLIC My Commission Expires: '2-L-A01 (SEAL) IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS SIXTH DIVISION QUINEA DANIEL MINTON, THOMAS MINTON, THELMA MARIE MINTON, RUTH ANN MINTON, BILLIE JO YOUNG, LARRY RAY MINTON and BERNADEEN MINTON V. No. CV-06-13229 HOWAR.D STEPHENS and SUE ANN STEPHENS, individually and in their capacities as trustees of the Howard Grantland Stephens and Sue Ann Stephens Joint Revocable Trust DECREE PETITIONERS RESPONDENTS On the 31 st day of May, 2007, this matter came on for trial and from the pleadings filed herein, the testimony and evidence presented, argument of counsel, and all things and matters properly before the court, the court doth find and decree as follows: Petitioner's Motion to Dismiss Respondent's Counterclaim is granted in part and denied in part. The Counterclaim is dismissed without prejudice as to all persons, their heirs, successors, and assigns not presently befor6'the court. 2. Title to the following real property, as against the named Respondents herein, their heirs, successors, and assigns, and against any and all other persons, is hereby quieted in Quinea Daniel Minton, Thomas Minton, Thelma Marie Minton, Ruth Ann Minton, and Billie Jo Young: Exhibit "A" I1r17Iam A PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 88 DEG, 13 MIN. 36 SEC. WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19 FOR A DISTANCE OF 739.65 FEET; THENCE NORTH 01 DEG. 54 MIN. 34 SEC. EAST FOR A DISTANCE OF 456.74 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEG, 50 MIN. 50 SEC. EAST ALONG THE CENTERLINE OF CREEK FOR A DISTANCE OF 27.55 FEET; THENCE NORTH 56 DEG. 13 MIN. 02 SEC. EAST ALONG THE CENTERLINE OF CREEK FOR A DISTANCE OF 56.40 FEET; THENCE SOUTH 77 DEG. 55 MIN, 48 SEC, EAST ALONG CENTERLINE OF CREEK FOR A DISTANCE OF 53.89 FEET; THENCE SOUTH 63 DEG. 55 MIN. 49 SEC. EAST ALONG CENTERLINE OF CREEK FOR A DISTANCE OF 60.24 FEET; THENCE NORTH 01 DEG. 59 MIN. 46 SEC. EAST FOR A DISTANCE OF 391.68 FEET; THENCE NORTH 09 DEG, 14 MIN. 12 SEC, WEST FOR A DISTANCE OF 189.48 FEET; THENCE SOUTH 59 DEG. 24 MIN, 52 SEC. WEST FOR A DISTANCE OF 172.29 FEET; THENCE SOUTH 01 DEG. 54 MIN. 34 SEC. WEST FOR A DISTANCE OF 484.61 FEET TO THE POINT OF BEGINNING, CONTAINING 2.11 ACRES, MORE OR LESS, TRACT 3 A PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 88 DEG. 13 MIN. 36 SEC. WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19 FOR A DISTANCE OF 3 95.3 8 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEG. 13 MIN. 36 SEC. WEST ALONG SAID SOUTH LINE FOR A DISTANCE OF 344.27 FEET; THENCE NORTH 01 DEG. 54 MIN, 34 SEC, EAST FOR A DISTANCE OF 456.74 FEET; THENCE SOUTH 99 DEG. 50 MIN. 50 SEC. EAST ALONG THE CENTERLINE OF CREEK FOR A DISTANCE OF 27.55 FEET; THENCE NORTH 56 DEG. 13 MIN. 02 SEC, EAST ALONG THE CENTERLINE OF CREEK FOR A DISTANCE OF 56.40 FEET; THENCE SOUTH 77 DEG. 55 MIN, 48 SEC, EAST ALONG CENTERLINE OF CREEK FOR A DISTANCE OF 53.89 FEET; THENCE SOUTH 63 DEG, 55 MIN, 49 SEC. EAST ALONG CENTERLINE OF CREEK FOR A DISTANCE OF 60.24 FEET; THENCE SOUTH 01 DEG. 59 MIN, 46 SEC. WEST FOR A DISTANCE OF 75.38 FEET; THENCE SOUTH 88 DEG. 19 MIN. 05 SEC. EAST FOR A DISTANCE OF 167.40 FEET; THENCE SOUTH 02 DEG, 34 MIN. 02 SEC. WEST FOR A DISTANCE OF 380.82 FEET TO THE POINT OF BEGINNING, CONTAINING 3.41 ACRES, MORE OR LESS. Title to the following real property, as against the named Respondents herein, their heirs, successors, and assigns, and against any and all other persons, is hereby quieted in Larry Minton and Bernadeen Minton: TRACT 2 A PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 88 DEG. 13 MIN. 36 SEC. WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER FOR A DISTANCE OF 395.38 FEET; THENCE NORTH 02 DEG. 34 MIN. 02 SEC. EAST FOR A DISTANCE OF 3 80.82 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 DEG. 34 MIN. 02 SEC. EAST FOR A DISTANCE OF 537.62 FEET; THENCE SOUTH 59 DEG. 24 MIN. 52 SEC. WEST FOR A DISTANCE OF 175.00 FEET; THENCE NORTH 02 DEG. 34 MIN. 02 SEC. EAST FOR A DISTANCE OF 250.00 FEET; THENCE SOUTH 59 DEG, 24 MIN. 52 SEC. WEST FOR A DISTANCE OF 76.78 FEET; THENCE SOUTH 09 DEG. 14 MIN. 12 SEC, EAST FOR A DISTANCE OF 189.48 FEET; THENCE SOUTH 01 DEG. 59 MIN. 46 SEC. WEST FOR A DISTANCE OF 467.06 FEET; THENCE SOUTH 88 DEG. 19 MIN. 05 SEC. EAST FOR A DISTANCE OF 167.40 FEET TO THE POINTOF BEGINNING, CONTAINING 2.12 ACRES, MORE OR LESS. THE "LESS AND EXCEPT ACRE:" A PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 88 DEG. 13 MIN. 36 SEC. WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER FOR A DISTANCE OF 395.38 FEET TO A POINT; THENCE NORTH 02 DEG. 34 MIN, 02 SEC. EAST FOR A DISTANCE OF 918.44 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 DEG. 34 MIN. 02 SEC. EAST FOR A DISTANCE OF 250.00 FEET; THENCE SOUTH 59 DEG. 24 MIN. 52 SEC, WEST FOR A DISTANCE OF 175.00 FEET; THENCE SOUTH 02 DEG. 34 MIN. 02 SEC, WEST FOR A DISTANCE OF 250.00 FEET; THENCE NORTH 59 DEG. 24 MIN. 52 SEC. EAST FOR A DISTANCE OF 175.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.85 ACRES, MORE OR LESS, 4. Title to the following real property, as against the Petitioners, their heirs, successors, and assigns, but not as against persons not parties to this litigation is quieted in the Howard Grantland Stephens and Sue Ann Stephens Joint Revocable Trust: PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 19, TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND ONE HALF INCH REBAR AS SHOWN ON SURVEY BY J. O. JONES AND DATED APRIL 18, 1945, TROY D. LAHA AND DATED NOVEMBER 26, 1985 AND JAMES L. BUTLER AND DATED MARCH 27, 2001 USED FOR THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 19; THENCE NORTH 88 DEGREES 13 MINUTES 36 SECONDS WEST ALONG THE SOUTH LINE OF THE SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND PASSING OVER A FOUND FIVE EIGHTHS INCH REBAR WITH CAP (PLS 1253) AT 383.99 FEET FOR A TOTAL DISTANCE OF 395.38 FEET TO A POINT; THENCE NORTH 02 DEGREES 34 MINUTES 02 SECONDS EAST AND PASSING OVER A ONE AND ONE QUARTER INCH PIPE AT 7.11 FEET FOR A TOTAL DISTANCE OF 1142.61 FEET TO A FOUND TWO INCH PIPE ON THE SOUTH RIGHT OF WAY LINE OF COLONEL GLENN ROAD; THENCE NORTH 61 DEGREES 50 MINUTES 22 SECONDS EAST 199.08 FEET ALONG THE SAID SOUTH RIGHT OF WAY TO A FOUND ONE HALF INCH REBAR; THENCE SOUTH 01 DEGREES 49 MINUTES 50 SECONDS WEST 93.51 FEET TO A FOUND THREE EIGHTS INCH REBAR; THENCE SOUTH 85 DEGREES 14 MINUTES 56 SECONDS EAST 222.11 FEET TO A FOUND ONE HALF INCH REBAR ON THE EAST LINE OF THE SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 02 DEGREES 30 MINUTES 49 SECONDS WEST 1136.88 FEET TO THE POINT OF BEGINNING CONTAINING 10.56 ACRES MORE OR LESS. It is so ORDERED AND DECREED, Entered this _ day of reo n n 4f1A7 , 2007. ti TIMOTHY DAVIS FOX CIRCUIT JUDGE G rles . Sa ber (79253) attlebaam, G•ooms, ll & Burrow PLLC 111 Center Street, Sutie 1900 Little Rock, AR 72201 (501) 379-1700 FAX (501) 379-1701 subd.doc 6 Name To: The Public WHEREAS, described property 09/22/05 BILL OF ASSURANCE the sole owners of the following Addition to the City of Little Rock, Arkansas, and desire to replat said lots: NOW, THEREFORE, WITNESSETH: That we, the said termed grantor(s), have caused said tract of land to be surveyed by Professional Engineer, and a plat thereof made which is identified by the title. hereinafter Registered and the date and by the signature of the said engineer and the said grantor(s), and bears a Certificate of Approval executed by the Little Rock Planning Commission, and is on record in the Office of the Circuit Clerk and ex-officio Recorder of Pulaski County, Arkansas, in Plat Book Assurance. Page and the grantor(s) do hereby make this Bill of The grantor(s) do hereby certify that they have replatted said real estate in accordance with said plat. The lands embraced in said plat shall be forever known as designed on said plat; and every deed of conveyance for said property shalluse this designation. The filing of this Bill of Assurance and plat for record in the Office of the Circuit Clerk and ex- officio Recorder of Pulaski County shall be a valid and complete delivery and dedication of the streets and easements shown on the said plat. All buildings constructed on said lots shall be constructed no nearer to the street than the building line shown on the plat, and all buildings shall be constructed in conformance with the Building Code and Zoning Ordinance of the City of Little Rock, Arkansas. WITNESS, our hands this day of subd.doc 7 ACKNOWLEDGMENT STATE OF ARKANSAS) COUNTY OF PULASKI) 09/22/05 BE TT REMEMBERED that on this day came before me a Notary Public within and for the County and State aforesaid, the undersigned and of Assurance. My Commission Expires: and stated that they had executed the foregoing Bill Notary Public subd.doc 2 09/22/05 DEPARTMENT OF NEIGHBORHOODS AND PLANNING PRELIMINARY PLAT CHECKLIST (page one) ' � u4 �L 'Ls���. PROPOSED NAME OF SUBDIVISION: • n ;�� � L < < TYPE OF SURDiViSION: _�„ •.. � 1 I�.L''U� �y D � s � .ra w w afa a1 S A > 0 6 F.�C 7 A ❑ ❑ ❑ ❑ I. Letter requesting preliminary plat approval. ❑ ❑ ❑ ❑ 2. Seventeen (17) copies of the preliminary plat. ❑ ❑ ❑ ❑ 3. Filing fee. ❑ ❑ ❑ ❑ 4. Notification completed. (Certified list of abutting property owners from abstract or title company; notice form with affidavit executed; do proof of mailing of notice to all abutting property owners furnished.) THE FOLLOWING ARE REQUIRED PURSUANT TO SEC. 31-63 OF THE CODE OF ORDINANCES: E ❑ ❑ L..I 5. Name/address of land owner with source of title. (Deed record book and page or instrument _/ number required). IJ El ❑ L 6. Name/address of subdivider. [I El Elu 7. Linear feet of internal streets. ❑ ❑ L .. 8. Average size of lots/Minimum lot size. Lam] ❑ ❑ I.._I 9. Number of lots. ❑ ❑ ❑ [A/ 10 Applicable existing covenants, and the proposed covenants on the land. ❑ ❑ ElIJ 11. Proposed open space. I� ❑ ❑ ❑ 12. Proposed source of water supply. L9' ❑ ❑ Lj 13. Proposed means of wastewater disposal. ❑ ❑ ❑ ❑ 14 Request for variances, waivers, or deferrals. (Completion of "Variance/Waiver Request Form" required.) THF,.FOLLOWING IS REQUIRED PURSUANT TO SEC. 31-88 OF THE CODE OF ORDINANCES: LO' ❑ ❑ ❑ 16. Vicinity map, to scale. (Minimum scale to be l :2000 feet; minimum area to be mile radius.) THE, FOLLOWING ARE REQUIRED PURSUANT TO SEC. 31-89 OF THE CODE OF ORDINANCES: IV,IVIr ❑ ❑ ❑ 17. Preliminary plat drawing, to scale, with north point indicated. (Maximum size for drawings: 24" x 36". Boundary lines are to be indicated by a heavy line. Adjusted bearings and distances are to be shown, with ties to corners of record. Record bearings and distances are to be shown, where applicable. Curve data is to include: radius, arc distance, delta angle and chord bearing, and distances. Locations and physical descriptions of all monuments -- indicating size, material, and type construction -- shall be shown.) ❑ ❑ ❑ 18. The date of survey. [v� ❑ ❑ ❑ 19. Lot lines shown and dimensioned; streets, sidewalks, and easements shown; �/ (Names of streets and street widths must be shown.) L9 ❑ ❑ ❑] 20. Front yard building setback lines shown on plat. ❑ ❑ ❑ Lh 21. Contours shown at required intervals (2' intervals for grades less than 10%; 5' intervals for grades above 10%). ❑ ❑ ❑ 22. Natural features shown (e.g.; drainage channels, bodies of water, wooded areas). L�J ❑ ❑ ❑ 23. Cultural features shown. (e.g.; streets, bridges, culverts, utility/power lines, pipelines, easements, parks, structures, city and county lines, section lines). ❑ ❑ ❑ ❑ 24 Limits of floodway and/or floodplain shown. ❑ ❑ ❑ ❑ 25 Storm drainage analysis. (Data to be provided for all watercourses entering and leaving the plat boundary.) ❑ ❑ ❑ ❑ (9) Preliminary storm drainage plan. (Typical ditch section required to be shown.) ❑ ❑ ❑ Ef 27. Names of recorded subdivisions abutting the plat area indicated. —! (Plat book and page or instrument number required to be shown.) LI ❑ ❑ ❑ 28. ❑ Residential plats: show names of owners of all unplatted tracts abutting the plat area and names of owners of platted tracts in excess of 2'/2 acres. ❑ Commercial plats: show names of owners of all abutting lands. ❑ All plats: show names of all owners of any landlocked parcels within or abutting the plat. subd.doc 3 09/22/05 DEPARTMENT OF NEIGHBORHOODS AND PLANNING PRELIMINARY PLAT CHECKLIST(page two) .rl ad wE A p 5w Lu qGa 5 a LQ W aQ w� ❑ O z ❑ O ❑ 29. Metes and bounds legal description of the tract boundary. (Provide acreage to nearest one -tenth L�t1 ❑ ❑ ❑ of acre.) 30. Zoning classification(s) within the plat boundary and of abutting areas shown. ❑ ❑ ❑ F_-?" 31. Municipal boundaries which pass through or abut the plat area shown. ❑ ❑ ❑ QK 32. Phasing plan, if applicable, indicated. Kr ❑ ❑ ❑ 33. Location of proposed PAGIS monuments shown. THE FOLLOWING MAY BE REQUIRED PURSUANT TO SEC. 31-90 OF THE CODE OF ORDINANCES: ❑ ❑ ❑ ❑ 0 Engineering analysis. (Required where: a street grade variance is being requested; a portion of the plat may be floodprone, but the area is not covered by the FEMA maps; or, suspected soil conditions may affect the structural or operational aspects of the facilities.) THE FOLLOWING IS REQUIRED PURSUANT TO SEC. 31-91 OF THE CODE OF ORDINANCES: ❑ ❑ U ❑ 35. Provision of. the "Certificate of Preliminary Surveying Accuracy"; the "Certificate of Preliminary Engineering Accuracy"; and the "Certificate of Preliminary Plat Approval'. (The "Certificate of Preliminary Surveying Accuracy shall contain the wording that: "...the plat has been surveyed and duly filed for record in the offices of the state surveyor and the county circuit clerk and recorder within the last seven (7) years.") THE FOLLOWING IS REQUIRED PURSUANT TO SEC. 31-93 OF THE CODE OF ORDINANCES: ❑ ❑ ❑ ❑ 3 A draft Bill of Assurance. Page 1 of 1 James, Donna From: Van McClendon [vmcclendon@co.pulaski.ar.us] Sent: Monday, April 07, 2008 11:19 AM To: James, Donna Donna, I am attaching our write-up for the Minton Dairy Subdivision preliminary plat. Van Van McClendon, Director Pulaski County Planning & Development 3200 Brown Street Little Rock, Arkansas 72204 501- 340-8260 Fax 501-340-8274 4/7/2008 Pulaski County Preliminary Plat Checklist PLANNING AND DEVELOPMENT 501 WEST MARKHAM, SUITE A LITTLE ROCK, AR 72201 501-340-8260 DATE: DEVELOPMENT: Minton Dairy Subdivision LOCATION: S. side of Colonel Glenn Road just W. of Joiner Road ENGINEER/SURVEYOR: /Bruce Chavis PLANNING JURISDICTION: Little Rock/Pulaski County Van McClendon Planning & Development Director The preliminary plat shall indicate the following information: OK NO ❑ ❑ 1.) 3.2.1.1 Letter of Request ❑ ❑ 2.) 4.1.1 Fourteen (14) Blackline Prints ® ❑ 3.) 4.1.2 Size and Scale Regulations ® ❑ 4.) 4.1.3.1 Proposed Name of Subdivision (No Duplications) ® ❑ 5.) 4.1.3.2 Name and Address of Owner of Record ® ❑ 6.) 4.1.3.3 Source of Title ® ❑ 7.) 4.1.3.4 Name and Address of Subdivider ® ❑ 8.) 4.1.3.5 Date of Survey, North Point, & Graphic Scale ® ❑ 9.) 4.1.3.6 Preliminary Certificate of Accuracy ❑ ❑ 10.) 4.1.3.7 Legal Description a.) TIE TO TWO LAND CORNERS b.) PROVIDE STATE PLANE COORDINATES © ❑ 11.) 4.1.3.8 Vicinity Map ® ❑ 12.) 4.1.3.9 Boundary Lines ❑ ® 13.) 4.1.3.10 Contour Intervals ❑�, ❑ 14.) 4.1.3.11 Natural Features OK NO N ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ® ❑ ❑ ❑ ® ❑ El 0 /1 ■ WEGS 15.) 4.1.3.12 16.) 4.1.3.13 17.) 4.1.3.14 18.) 4.1.3.16 19.) 4.1.3.17 20.) 4.1.3.18 21.) 4.1.4.1 22.) 4.1.4.2 23.) 4.1.4.3 24.) 4.1.4.4 25.) 4.1.4.4 26.) 4.1.4.5 27.) 4.1.4.6 28.) 4.1.4.7 29.) 4.1.4.8 Page 2 Cultural Features Names of Subdivision Abutting or Property Owners Names of Owners of Unsubdivided Property Abutting Proposed Layout Minimum Lot Area (10,500 sq.ft.) Lot Waste Summary of Development Plan Existing and Proposed Covenants & Restrictions Source of Water Supply Provisions for Sewage Disposal Drainage and Flood Control Certificates of Approval Street Plan and Profile Bill of Assurance Sewer Information Street Names for Duplication (9-1-1 to confirm) Fire Department verified (9-1-1 to confirm) Master Highway Plan (Confirmation on Access Roads Meeting Right Of Way Requirements as Per the Master Highway Plan With Planning Department) FEMA Panel Number and Floodway/Plain Designated ❑ ® Erosion Control State Clearing Permit - A.D.E.Q. 501-682-0627 Page 3 Staff Comments: (1.) Show second land corner and state plane coordinates. (2.) Show contour lines. (3.) Provide drainage plan. (4.) Provide Bill of Assurance. (5.) Provide certificate of preliminary plat approval for the County. (6.) Provide proof of fire protection. (7.) Obtain an ADEQ permit. (8.) Show floodplain/floodway information on the plat. (9.) Provide the name of the engineer. (10.) Label the 25' easement (probably access). (11.) Provide the County with a $ 3 3 review fee. Additional Staff Comments: Staff Recommendations: Approval subject to the satisfaction of staff s comments. .kF .: cl- 469 64 64 64 69 69 G9 fr4 G� 69 69 of Cc ' O 9 x y OD Cl)- C* to to cn +, �D c,3 to z z� x °'°' N r- 0. N U N N .a p U a A Q m U w a w C3 a in C40 Cn Z P. Z r w