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Home My WebLink About2009-06-01-R BEFORE THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS RESOLUTION NUMBER: A RESOLUTION CONDEMNING THE STRUCTURE DESCRIBED HEREIN, DECLARING A NUISANCE AND FOR OTHER PURPOSES. WHEREAS, Section 11.12.01 et seq of the Batesville Municipal Code provides for condemnation of buildings, houses, and other structures under certain circumstances and; WHEREAS, the building described herein has been examined by the City Council and Code Enforcement Officer because of the disrepair of the structure, and; WHEREAS, the structure has the following deficiencies: 1. Major structural components, or parts thereof, such as the doors, windows, and walls are missing or damaged; 2. The structure has been left unlocked, unattended, and vacant; 3. The structure is not under active repair; 4. The structure is not being used as an accessory building or out building; • WHEREAS, the property is located at 394 Pine Street and owned by HSBC Mortgage Services and or David and Jeanette Hobson constitutes a hazard and nuisance for the reasons set out above. NOW BE IT RESOLVED, that the owner of said property was notified or attempted to be notified at least twenty(20)days prior to the public hearing as provided in Section 11.12.03 and 11.12.04 of the Batesville Municipal Code. BE IT FURTHER RESOLVED that if the building and or structure constituting a nuisance has not been torn down and removed or said nuisance otherwise abated within thirty(30) days after posting the true copy of the resolution at a conspicuous place on said house,building, and or structure constituting the nuisance, it will be torn down and or removed by the Code Enforcement Officer or his duly designated representative at the discretion of the City Council as provided in Section 11.12.05 of the Batesville Municipal Code. IT IS SO RESOLVED, THIS I I" DAY OF JUNE 2009. L�o • D ISE JOHNSTON, C RK RICK ELU , CITY OF BATESVILLE A 500 East Main HISTORIC COUNCIL TREASURE BATESVILLE,ARKANSAS 72501 THOMAS E.BRYANT Phone 870-698-2400 MARGARETT HENLEY DAVY INSELL FAX 870-698-2406 FRED KRUG u 9ANSAS'OLDEST �, DOUGLAS MATTHEWS MATT McDONALD RICK ELUMBAUGH,MAYOR RICHARD O'NEAL DENISE JOHNSTON,CLERK DAVID SHETRON SCOTT STALKER,ATTORNEY To: HSBC Mortgage Services Ref: Condemnation Notice, 394 Pine Street, Batesville, AR 72501 Date: June 1, 2009 From: John Malin, Code Enforcement Officer Gentlemen, Due to unusual circumstances beyond our control the condemnation meeting scheduled for June 9, 2009 has been moved to June 11, 2009 at 5:30 p.m. Thank You, John Malin Code Enforcement City of Batesville "CITY OF HOSPITALITY" p CITY OF BATESVILLE A 500 East Main (W HISTORIC COUNCIL TREASURE BATESVILLE,ARKANSAS 72501 THOMAS E.BRYANT � n Phone 870-698-2400 MARGARETT HENLEY q I FAX 870-698-2406 DAVY INSELL 14 rSAS,OLDEST FRED KRUG DOUGLAS MATTHEWS RICK ELUMBAUGH,MAYOR MATT McDONALD DENISE JOHNSTON,CLERK RICHARD OWEAL SCOTT STALKER'A ORNEY DAVID SHETRON April 13,2UU Mr. David Hobson 394 Pine St. Batesville, AR 72501 Re: Condemnation Notice, 394 Pine St., Batesville, AR Mr. Hobson, Please be advised that a public hearing before the City Council of Batesville will be held on Tuesday,June 9,2009 at the Municipal Building at 5:30 P.M.to consider the condemnation of the structure located at 394 Pine St., according to the tax records, parcel#1 10131 1000 you are shown as the owner of record. The structure is and has been in violation of city ordinance#90-8=1 (attached),which is considered a !` nuisance and potential risk to the health and safety of the community. �r If the structure is condemned by the city council then a time will be given to demolish and remove the structure or the city will have it done and you will be liable for any expenses involved. Please make arrangements to be in attendance at this meeting and if you have any questions you may contact me at 870- 6982400. Sincerely, Chad McClure Code Enforcement Officer Cc: HSBC MORTGAGE SERVICES 636 GRAND REGENCY BLVD. i BRANDON, FLORIDA 33510 I "CITY OF HOSPITALITY" SENDER: COMPLETE THIS SECTION 1 COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2, and 3.Also complete A. S n re `1 item 4 if Restricted Delivery is desired. )Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. R vedt y inted Name) C. to f Delivery ■ Attach this card to the back of the mailpiece, S S�1 or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes �C If YES,enter delivery address below: ❑ No PJ/ 44e e 3. Service Type� E�Certified Mail E3 Express Mail ❑ Registered ID Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 7008 1300 0001 5964 8400 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 O , C3 S lT' Postage $ C tf 1 Certified Fee postmark Here f� Return Receipt Fee CI (Endorsement Required) 0 Restricted Delivery Fee 1:3 (Endorsement Required) rrt Total postage&Fees $ l F-q ent o // / ;IC Y...................... rp Street,Apt.No --- 7 � or PO Box No. �_�`��_ �jty,$tete,ZIP+4 r / A RUNt • • • DELIVERY •U.S. Postal Service,i, ra (Domestic Mail Oniy;No Insurance Coverage Provided) ❑Agent For delivery information visit our website at www.uspis.com'. ❑Addressee -13 )cInpy L ... me) C. Y, _ 'Printed NaDate of Delivery Fu Postage $ t CID /" frets differentiroinRem 1? E]Yes Certified Fee delivery address below: El No �� Postmark C3 Return Receipt Fee Here r "' 'O (Endorsement Required) ' Restricted Delivery Fee (Endorsement Required) F m EO Total Postage&Fees rl Sail ❑ Express Mail I Return Receipt for Merchandise � ..... -�-- .!... .. ail ❑ C.O.D. Street,Apt.No.; or PO Box No. r` -•-•--••..-.-.•... livery?(Extra Fee) ❑Yes City,Sta ZIP.7S Form �4 ,J / :i. August 2006 Seefleverse for Instructions PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 • Scott M. Stalker CAttorney at Law Telephone 500 Main Street Suite 302 Bus. 870-793-3288 Po Box 2235 Fax 870-793-3868 Batesville,AR 72503-2235 E-Mail: April 7, 2009 Mickel Law Firm Mr. Delbert Mickel Attorney at Law 1501 N. University Suite 966 Little Rock, AR 72207 RE: Property located at: 394 Pine Street- Batesville, AR 72501 Dear Mr. Mickel: The City of Batesville is about to begin Condemnation Proceedings on the above referenced property. I understand that the property has been released from the Automatic Stay issued by the United States Bankruptcy Court Eastern District of Arkansas,Batesville Division case number 1:06-13068 E/C. I was hoping that you could advise as to who the real owner in interest is so that we might properly notify that party of the Condemnation Proceeding. Obviously,the trail that the Batesville Code Enforcement Officer has followed ends with your client, HSBC Mortgage Services. Any insight as to the real owner in interest will be greatly appreciated. I appreciate your cooperation and attention in this matter and if you need anymore information from me, please do not hesitate to contact my office. With best regards, I am erely yours, Scott talkr SMS/cw cc: Hon. Rick Elumbaugh, Mayor Chad McClure, Code Enforcement Officer Pagel of 2 .Chad McClure From: Scott stalker[smstalkerlaw@yahoo.com] Sent: Wednesday, April 08, 2009 2:14 PM To: chadmcclure@swbell.net Subject: Fw: 394 Pine St., Batesville, AR - Hobson, David --- On Wed, 4/8/09, Scott stalker <snzstalkerlawgyahoo.com>wrote: From: Scott stalker<smstalkerlaw@yahoo.com> Subject: Fw: 394 Pine St., Batesville, AR - Hobson, David To: chadmclure@swbell.net, "rick elumbaugh" <ore@swbell.net> Date: Wednesday, April 8, 2009, 2:10 PM Chad, Looks like we have an answer. Let me know if there is anything else. Scott --- On Wed, 4/8/09, Lisa Buck <l.buck@nickellaw.com>wrote: From: Lisa Buck <l.buck@nickellaw.com> Subject: 394 Pine St., Batesville, AR - Hobson, David To: smstalkerlaw@yahoo.com Date: Wednesday, April 8, 2009, 12:52 PM Dear Mr. Stalker- Our office is in receipt of your letter dated 04/07/2009 in connection with the notification that the City of Batesville is about to begin a process of condemning the property above. We have notified HSBC Mortgage with respect to your letter, however, until this property is sold by the Hobson's or transfer of deed by virtue of foreclosure is taken this property belongs to the Hobson's, with the financial interest of our client. You may have the notice sent to HSBC MORTGAGE SERVICES, 636 GRAND REGENCY BLVD., BRANDON , FL 33510 , and the notice will need to be sent to the owner's, David & Jeanette Hobson. We do not have any current information on the borrowers. Thank you for your time. 04/09/2009 PUBLIC HEARING • On Tuesday,June 9,2009 the Batesville City Council will conduct a Public Hearing to consider the condemnation of the following structures: 1. 394 Pine Street,owner: David Hobson/HSBC Mortgage Services 2. 909 Oak Street,owner: Larry Little/Bank of Cave City 3. 401 West Main Street:Norman L. Barnett The hearing will be conducted at city hall at 5:30 PM. For additional information call 698-2456. PUBLIC HEARING On Wednesday,June 20,2009 the Batesville Planning Commission will conduct a public hearing to consider a Conditional Use Permit for a Tropical Snow Trailer to be located at 1190 St. Louis Street.Time to be determined,call city hall for additional information 698-2400. PLEASE PUBLISH 1 TIME ASAP AND SEND PROOF TO CITY HALL. THANKS! 4-1-007 18622 Recorded in the Above Deed of frust Bork R Pase 24-2307 -02: :58 Pfd (, C13udia Robles Circuit Clerk Independence County, AR THIS INSTRUMENT PREPARED BY AND TO BE RETURNED TO: Mickel Law Firm,P.A. 1501 North University,Suite 966 Little Rock,AR 72207-5238 Title of Document: ORDER GRANTING MOTION FOR RELIEF FROM AUTOMATIC STAY UNITED STATES BANKRUPTCY COURT FOR EASTERN DISTRICT OF ARKANSAS Debtor(s): DAVID GAYLE HOBSON and JEANETTE LOUISE HOBSON Case No. 1:06-13068 E/C Chapter 13 Plaintiff: HSBC MORTGAGE SERVICES Defendant(s): DAVID GAYLE HOBSON; JEANETTE LOUISE HOBSON and DAVID D. COOPt Trus e e Legal Description of Property: THE FOLLOWING LANDS LYING IN INDEPENDENCE COUNTY,ARKANSAS: THE NORTH HALF OF LOTS 5 AND 6 OF BLOCK 17 OF MAXFIELD'S WESTERN ADDITION TO THE CITY OF BATESVILLE,ARKANSAS. BEGIN THE SAME PROPERTY CONVEYED TO GRANTEES HEREIN,BY DEED RECORDED ON SEPTEMBER 1, 1999,IN BOOK S-16,AT PAGE 909. PROPERTY ADDRESS: 394 PINE STREET,BATESVILLE,AR 72501. 'Return To: 7-14 G 4 6 MIS/PA 1900 FROST ROAD, SUITE 110 vik"?d C.-I" z. (W BRISTOL, PA 19007 L dp.t �ewr.-- un,t Prepared By: Scott Egan (Space Above This Line For Recording Data) M.I.S. FILE Na. MORTGAGE MIN 100049700005810284 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated October 28, 2004 together with all Riders to this document. (B) "Borrower"is David G. Hobson & Jeanette L. Hobson Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems. Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument MERS is organized and existing under the laws of Delaware, and has an address and telephone number Of P.O. Box 2026, Flint, MI 48501-2026, fel. (888) 679-MERS. (D) "Lender"is AFS Financial, Inc. Lender is a Corporation organized and existing under the laws of State of Rhode Island Lender's address is 25 Enterprise Center, Newport, RI 02842 2004-581028 4-581028 2018 ARKANSAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MESS Form 3004 1!01 CVA(AR)10306) Page 1 of 15 initi VMP Mortgage Solutions:8901521 9 2 G try!.6 r ri 0 4 1 Y;2Carpd' r :. (E) "Note" means the promissory note signed by Borrower and dated October 28, 2004 The Note states that Borrower owes Lender ninety-four thousand eight hundred seventy-five and 00/100 Dollars (U.S. $94,875.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than November 2, 2034 (I) 'Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider 0 Condominium Rider Second Home Rider Ci Balloon Rider �::J Planned Unit Development Rider EJ 1-4 Family Rider El VA Rider 71 Biweekly Payment Rider ED Other(5) [specify) (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (.1() "Community Association Dues, Fees, and Assessments"means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument. computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items"means those items that are described in Section 3. (M) "Miscellaneous Proceeds"means an)' compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. - (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) 'Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus(ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the:Mote and/or this Security Instrument. 2004-581028 4-581028 2018 i -6A(AR)(oaoc Page 2 of 15 Form 3004 V01 jr BY SIGNING BELOW, Borrower accepts and agrees to the term and covenants contained in this (W Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) David G. Hobson -Borrower (Seal) JeaVtte Hobson -Borrower (Seal) (Seal) Borrnw•er -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower 2004-581028 4-581028 2018 -BA(AR)io3o6j Poge 14 01 15 Form 3004 V01 (W STATE OF ARKANSAS, Independence County'ss: On this The 28th day of October, .2004 before me, the undersigned officer, personally appeared David G. Hobson & Jeanette L. Hobson known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she (they) executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and official seat. My Commission Expires care Public OFRWL S&L Lien Holder: -V'V-4fJC&'3 FWXIV04 s4F"?"t-s JAMES A. ASHLOCK NOTARY PUBLIC-ARKANSAS Address: CRAIGHEAD CU KrY ftj0-\A) PGP-'Ti12 I WY COMA,WILIN EYP;eUS. 9-17-2000 (W Telephone Number: 8 0 0 S 3 C' 0 Contact 5 G � T C- C3'k A/ for release of lien. 2004-581028 4-581028 2018 Ind ills:jj� Ck-6 A(A R)10 3 06) Page 16 01 15 Form 3004 1!01 is EXHIBIT "A" LEGAL DESCRIPTION THE FOLLOWING LANDS LYING IN INDEPENDENCE COUNTY, ARKANSAS: THE NORTH HALF OF LOTS S AND 6 OF BLOCK 17 OF MAXF•TELD'9 WESTERN ADDITION TO THE, CITY OF BATESVILLE, ARKANSAS. BEING THE SAME PROPERTY C`ONV'EYED TO GRANTEES HEREIN, BY DEED RECORDED ON SEPTEMBER 1, 1999, IN BOOK S-16, AT PAGE 909. 20-04 '2:4061 it If�J?=•?';iE`i+:e i"._+U�i'c•. Hid AKA: 394 PINE 9T BATESVILLE, AR 72501 •.nom`n r:.w�, r•; t' � • aril re-ut•dPri in C*:*.= of TruSt Rook 70-,;+4 3t F3ee3 :off"'41 - 24:+i:•1 t:13�tii3 Ndl� • CitCUtt •Irfk