AT BOOK 10 PAGE 12 WAS FILE ON OCT 25,1989
THERE IS no restriction on plat only genral notes. no state seal
Donna spires enter into bond for title agreememt on may 10,1990
She agree to become a member of river falls landowners association
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not a homeowner association
warranty deed file apr 8,1992 at 10:13 am for riverfalls ,Alabama general partnership
john e moore file his warranty deed march 29 1993 at 10:49:am
Coosa river paddling club deed file march 22 1994 at 11:14 am
In 1995 Feb or march we refuse to modify our bond for title to include restrictions and to join the home onner assoiciation
We made a counder offer to pay our land off .and to receave a deed with no restriction
And the wadsworth agree to our requst they receive our money in full in march.1995
DONNA SPIRES BOND FOR TITLE FILE JUN 21,1995 AT 8:18 AM with excerpts
From restrictions on river falls subdivision: WHICH IS DIFFERENT FROM THE ONES FILE JUNE 30,1995 on the plat their was no restriction only generl notes the engirnear wrote.
ARTICLES OF INCORPORATION OF RIVERFALLS SUBDIVISION HOMEOWNERS,S ASSOCIATION, INC FILE JUNE 30,1995 AT 11:59 AM plus deeds already file in 1992-1993-1994 some three years befor Articles were file.
Donna spires WARRANTY DEED FAX TO MY LAWYER JULY 14,1995 AT 9:33
AMENDMENT TO PLAT RESTRICTIONS FILES JULY 14.1995 AT 10:58
THERE IS NO RESTRICTIONS ON THE PLAT TO AMEND
THEY ALSO SAID THEY OWN LOT 12 WHICH WE HAD A COPY OF DEED ONE HOUR AND 25 MIN BEFORE THEY FILE THE AMENDMENT plus deeds already file in 1992-1993-1994 no amendment or correction to plat or plat,s were file.at this time.
DONNA SPIRES WARRANTY DEED FILE JULY 31,1995 AT 12:55PM
Setember 25.1996 letter receive from John J. Davis attorney at law which is mrs spires
Attorney states that the admended plat restrictions covenants in the bond for titlev were
Not the same as contained in the amended plat restrictions file on july 14 19,95 file by the riverfalls association. SAID POSSIBLE LEGAL ACTION against riverfalls association for breach of contract and fraud. In SWANSON V. GREEN 572 SO.1246 (ALA. 1990) THE FACTS ARE EXACTLY THE OPPOSITE OF YOURS
LETTER to The honorable betty bobbitt byrne from attorney john j. davis mrs spires lawyer. Ref. To a letter from john Enslen to mrs betty bobbitt
Stateing mrs spires was not interested in modifying the original sales contract and that letter datted april of 1995 some three months befor the amended plat restrictions were file
My position is that the deed that was executed on are about july 1995 IS NOT the sole
Memorial of the parties agreement due to fraud and/or mistake by river falls association
Swanson v. green 572 so. 1246 (ala.1990). the fact situation is the exact oppositate in that the bond for title contained restrictive covenants but the deed did not.
Letter to john davis dated October 30,1996 from betty bobbitt byrne
She states she mrs betty bobbitt byrne receive a copy of the original declaration of covenants,conditions and restrictions which was recorded back in 1988. she states she has
Reviewed them and compared them with the amended plat restriction and recorded homeowner,s assoiciation articles which was filed in 1995.
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Donna spires entered into a bond for title with river falls on may 10, 1990 two years after the original plat restrictions were recorded. ??????????????????????????????????????????????????
The article most pertinent to your client,s concern is contained in the original restrictions
ARTICLE VI, SECTION 3, READS this declaration may be amended by an instrument
Signed by not less than ninety percent of the lot owners the other should have had the right to vote they wasn,t ask are knew any thing about it.
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NOTE
SERVIAL PEOPLE HAVE SEARCH FOR THE ORIGINAL RESTRICTIONS +ARTICLE RECORDED BACK IN 1988 THEY CAN NOT BE FOUND it was found in that they was not file. they was diference fromthe one i fle with my bond for title.
