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Home My WebLink AboutOrdinance 4760 Section 3 : The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 7- Timber Trails. Section 4: The district shall not cease to exist upon the acquiring, constructing or completion of the improvements, but it shall continue to exist for the purpose of preserving, maintaining, and operating the improvements, replacing equipment, paying salaries to employees, and performing any other functions or services authorized in Ark. Code Ann., Title 14, Chapter 94. PASSED and APPROVED this 20th day of September, 2005. APPROVED: �IRK/TR�S �� . 01Y O,c • Gp _� • • •�� By: FAYETTEVILLE • = DAN COODY, Mayor ATTEST: RKANS1 0 By: G� ONDRA SMITH, City Clerk 2 14 PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID NEI/4 OF THE SW1/4; THENCE ALONG THE NORTH LINE OF SAID NEI/4 OF THE SWI/4 S87°07'09"E 20 . 00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE S87007'09"E 1302 . 49 FEET TO THE NORTHEAST CORNER OF SAID NEI/4 OF THE SW 1/4; THENCE ALONG THE EAST LINE OF SAID NE1/4 OF THE SW1/4 S0204911511W 988. 39 FEET TO THE SOUTH LINE OF THE NORTH 30 ACRES OF SAID NEI/4 OF THE SW 1/4; THENCE ALONG SAID SOUTH LINE N87007'09"W 728. 17 FEET; THENCE DEPARTING SAID SOUTH LINE NO2059'06"E 247. 55 FEET; THENCE N88017'28"W 383 . 63 FEET; THENCE NO2046' 56"E 111 . 11 FEET; THENCE N88018'04"W 191 . 00 FEET; THENCE NO2046'56"E 641 . 51 FEET TO THE POINT OF BEGINNING, CONTAINING 25. 87 ACRES, MORE OR LESS, SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. NOTICE YOUR SIGNATURE HEREON SHOWS THAT YOU FAVOR THE ESTABLISHMENT OF AN IMPROVEMENT DISTRICT . IF THE DISTRICT IF FORMED , YOU MAY BE CHARGED FOR THE COSTS OF THE IMPROVEMENTS . BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS ' IMPROVEMENT DISTRICT NO. 7- TIMBER TRAILS For their petition to form Fayetteville Municipal Property Owners' Improvement District No. 7- Timber Trails, the undersigned petitioners state: 1 . Petitioners are the record title owners to all of the real property described in Exhibit "A" attached hereto and made a part hereof as reflected by the deed records in the office of the Circuit Clerk and Ex-Officio Recorder of Washington, County Arkansas. All of said property is located within the corporate limits of the City of Fayetteville, Arkansas. 2. Petitioners desire that the real property described in Exhibit "A" attached hereto and made a part hereof be established and laid off into a municipal property owners' improvement district pursuant to Ark. Code Ann. Sec. 14-94- 101 et seq. for the purpose of constructing, purchasing, accepting as a gift or maintaining facilities for waterworks, recreation, drainage, gas pipelines, underground trenches and excavations necessary for the installation by public utilities or municipal utilities of electric and RECEIVED SEP 0 6 2095 A CITY OFFAYETTEVILLE CITY CLERK'S OFFICE S telephone distribution systems, sanitary sewers, streets and highways including curbs and gutters, and sidewalks, together with facilities related to any of the foregoing, or for more than one of those purposes. 3 . Petitioners desire that the district shall not cease to exist upon the acquiring, constructing or completion of the improvements, but it shall continue to exist for the purpose of preserving, maintaining, and operating the improvements, replacing equipment, paying salaries to employees, and performing any other functions or services authorized in Ark. Code Ann., Title 14, Chapter 94. 4. Petitioners name the following three individuals who own real property in the district to be appointed as commissioners of the district: Brandon Barber, Seth Kaffka and Brandon Rains. 5. Petitioners propose that the name of the district be Fayetteville Municipal Property Owners' Improvement District No. 7- Timber Trails. WHEREFORE, the undersigned Petitioners hereby petition the City Council of Fayetteville Arkansas to adopt an ordinance establishing and laying off the real property described in Exhibit "A" attached hereto and made a part hereof into Fayetteville Municipal Property Owners' Improvement District No. 7- Timber Trails for the purpose of constructing, purchasing, accepting as a gift or maintaining facilities for waterworks recreation, drainage, gas pipelines, underground trenches and excavations necessary for the installation by public utilities or municipal utilities of electricity and telephone distribution systems, sanitary sewers, streets including curbs and gutters, and sidewalks, together with facilities related to any of the foregoing, or for more than one of those purposes. DATED this day of September, 2005 . 6\ SCB Investments, LLC on Barber An Arkansas limite company By: l Seth Ka ca Brandon arber, authorized member Seth Brandon Rains 14 PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID NE1/4 OF THE SW 1/4; THENCE ALONG THE NORTH LINE OF SAID NEI/4 OF THE SW 1/4 S87°07'09"E 20. 00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE S87007'09"E 1302 .49 FEET TO THE NORTHEAST CORNER OF SAID NEI/4 OF THE SW 1/4; THENCE ALONG THE EAST LINE OF SAID NEI/4 OF THE SW1/4 S02049115"W 988. 39 FEET TO THE SOUTH LINE OF THE NORTH 30 ACRES OF SAID NE1/4 OF THE SW 1/4; THENCE ALONG SAID SOUTH LINE N87007'09"W 728. 17 FEET; THENCE DEPARTING SAID SOUTH LINE NO2059'06"E 247 . 55 FEET; THENCE N88° 17'28"W 383 . 63 FEET; THENCE NO2046' 56"E 111 . 11 FEET; THENCE N88018'04"W 191 . 00 FEET; THENCE NO2046' 56"E 641 . 51 FEET TO THE POINT OF BEGINNING, CONTAINING 25. 87 ACRES, MORE OR LESS, SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 7- TIMBER TRAILS ABSTRACTER'S CERTIFICATE OF PROPERTY OWNERSHIP Blue Star Title of Arkansas, Inc. hereby certifies that the deed records in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, reflect that the following are the owners of the record title to all of the real property described in Exhibit W to the Petition to Form Fayetteville Municipal Property Owners' Improvement District No. 7 — Timber Trails, a copy of which Exhibit °A° is attached hereto and made a part hereof: SCB Investments, LLC, Brandon Barber, Seth Kaffka and Brandon Rains 5e�+er1,1� DATED this �4"day of August, 2005. Blue Star Title of Arkansas, Inc. By: V V on L4, i� . W cam' ,3,4� AUTHORIZW REPRESENTATIVE RECEIVED SEP 0 6 2005 9tE�l� CITY OF FAYMEVILLE CITY CLERK'S OFFICE FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 7- TIMBER TRAILS COMMISSIONER'S OATH OF OFFICE I, SETH KAFFKA, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 7 — TIMBER TRAILS, HEREBY SWEAR TO SUPPORT THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE STATE OF ARKANSAS, TO DISCHARGE FAITHFULLY MY DUTY AS AN IMPROVEMENT DISTRICT COMMISSIONER, AND TO NOT BE INTEfESTED, DIRECTLY OR INDIRECTLY, IN ANY CONTRACT LET BY THq ARD EXCEPT UPON THE APPROVAL OF ALL THE OWNERS OF REAL P O ERTY IN THE DISTRICT. SETH KA V KA STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the o� 9 day of September, 2005, before me, the undersigned notary public, personally appeared Seth Kaffka, known to me (or satisfactorily proven) to be the person whose name he subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. cow NOTA PUBLIC SEAL `YU'iAPy ='f RECEIVED '-COUHT •1' SEP 3 0 200"s ;ITY OF FAYETTEVILLE ^'T JIERK'BOFFICE FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 7- TIMBER TRAILS COMMISSIONER'S OATH OF OFFICE I, BRANDON BARBER, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 7 — TIMBER TRAILS, HEREBY SWEAR TO SUPPORT THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE STATE OF ARKANSAS, TO DISCHARGE FAITHFULLY MY DUTY AS AN IMPROVEMENT DISTRICT COMMISSIONER, AND TO NOT BE INTERESTED, DIRECTLY OR INDIRECTLY, IN ANY CONTRACT LET BY THE BOARD EXCEPT UPON THE APPROVAL OF ALL THE OWNERS OF REAL PROPER IN THE DISTRICT. BRAIMN BARBER STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the efq day of September, 2005, before me, the undersigned notary public, personally appeared Brandon Barber, known to me (or satisfactorily proven) to be the person whose name he subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. In witness whereof I hereunto set y hand and official seal. NO ARY PUBLIC SEAL 5, HOL .MFs RECEIVED CoU141 SEP 3 0 2005 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 7- TIMBER TRAILS COMMISSIONER'S OATH OF OFFICE I, BRANDON RAINS, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 7 — TIMBER TRAILS, HEREBY SWEAR TO SUPPORT THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE STATE OF ARKANSAS, TO DISCHARGE FAITHFULLY MY DUTY AS AN IMPROVEMENT DISTRICT COMMISSIONER, AND TO NOT BE INTERESTED, DIRECTLY OR INDIRECTLY, IN ANY CONTRACT LET BY THE BOARD EXCEPT UPON THE APPROVAL OF ALL THE OWNERS OFR PROPERTY IN THE DISTRICT. BRANDORITAINS STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the � q day of September, 2005, before me, the undersigned notary .public, personally appeared Brandon Rains, known to me (or satisfactorily proven) to be the person whose name he subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. NOYARY PUBLIC SEAL co . t RECEIVED -y couN1 SEP 3 0 2005 i's?TBVILLE • • i FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 7 — TIMBER TRAILS ASSESSOR'S OATH I , Alan C. King, Assessor for Fayetteville Municipal Property Owners' Improvement District No. 7 — Timber Trails, hereby swear that I will well and truly assess all benefits that will accrue to the landowners of the District by reason of the improvements. ZZ/ � C Alan C. qing State of Arkansas ) )ss. County of Pulaski ) Subscribed and sworn to before me, a Notary Public, this day of October, 2005 . oLYN �o G APPY Pzz ie •. z MY �o `: _ Notafry Publi 9 : COMMISSION : y EXPI co S •. 5/23113 ,.• Q• .� OUN RECEIVED OCT 2 5 2005 L;fl� QF i i r',ff&VILLE C'Ty CLER:I;r9 CFFICE e,L) City of Fayetteville Z0los Staff Review Forth y7/ City Council Agenda Items or /fs1 , Contracts 10, _ ;yn �xV l/^uj/S 9/20/2005 City Council Meeting Date Sondra Smith City Clerk City Clerk Submitted By Division Department Action Required: An ordinance to establish Fayetteville Municipal Property Owners' Improvement District No. 7 - Timber Trails. This petition is being filed under the Arkansas Municipal Property Owners' Improvement District law, Arkansas Code Ann. Sec. 14-94-101 et seq. The petition is being filed by Jim McCord on behalf of the Improvement District. N/A N/A N/A Cost of this request Category / Project Budget Program Category / Project Name N/A N/A N/A Account Number Funds Used to Date Program / Project Category Name N/A N/A N/A Project Number Remaining Balance Fund Name Budgeted Item N!A Budget Adjustment Attached N/A Previous Ordinance or Resolution # ev` 1Lu 6 OS' Depa men"t"Diirrector Date Original Contract Date: /d✓ro Original Contract Number. City Attorney Date Received in City Clerk's Office Finance and Internal Service Director Date Received in Mayor's Office ENiEl1 Mayor Date Comments: