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Home My WebLink AboutOrdinance 4761 Section 3 : The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 8 — Belclaire. 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 201hday of September, 2005. APPROVED: TR 'p.,, S ' .000 By: Zzf FAYETTEVILLE • = D GOODY, May ATTEST: ',9s 9:91( A NSP Jam~3 iy� G'114 �. ''0 TON � By: SO DRA SMITH, City Clerk 2 ALL THE SWI/4 OF THE NW1/4 OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, ALSO DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SWI/4 OF THE NW1/4; THENCE NO2040'23"E 1312 . 71 FEET TO THE NORTHWEST CORNER OF SAID SW1/4 OF THE NW1/4; THENCE S87010'24"E 1320. 29 FEET TO THE NORTHEAST CORNER OF SAID SW1/4 OF THE NW1/4; THENCE S02033'23"W 1314. 52 FEET TO THE SOUTHEAST CORNER OF SAID SWI/4 OF THE NW 1/4; THENCE N87005'43"W 1322. 97 FEET TO THE POINT OF BEGINNING, CONTAINING 39. 86 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. 8- BELCLAIRE For their petition to form Fayetteville Municipal Property Owners' Improvement District No. 8- Belclaire, the undersigned petitioners state: I . 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 2005 CIN CLERICS OFFICE �" 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 Kaftka and Brandon Rains. 5. Petitioners propose that the name of the district be Fayetteville Municipal Property Owners' Improvement District No. 8- Belclaire. 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. 8- Belclaire 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 6`h day of September, 2005. Dream Team, LLC Bran az er An Arkansas ' 'te a ' company By: Seth a z Brando arber, authorized member randon Rains BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 8- BELCLAIRE 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 "A" to the Petition to Form Fayetteville Municipal Property Owners' Improvement District No. 8 — Belclaire, a copy of which Exhibit "A" is attached hereto and made a part hereof: Dream Team, LLC, Brandon Barber, Seth Kaffka and Brandon Rains Seg�e,Yr,b.e,� DATED this( day ofd , 2005. Blue Star Title of Arkansas, Inc. By: 6 CL C1 k A - KJ — AUTHORIZga REPRESENTATIVE RECEIVED SEP 0 6 2005 F�( (RED CITY OF FAYETTEVILU'. �r CITY CLERK'S OFFICE ALL THE SWI/4 OF THE NW1/4 OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, ALSO DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SWI/4 OF THE NW 1/4; THENCE NO2040'23"E 1312 ,71 FEET TO THE NORTHWEST CORNER OF SAID SW 1/4 OF THE NW 1/4; THENCE S87010'24"E 1320. 29 FEET TO THE NORTHEAST CORNER OF SAID SW1/4 OF THE NW1/4; THENCE S02033'23"W 1314. 52 FEET TO THE SOUTHEAST CORNER OF SAID SWI/4 OF THE NW1/4; THENCE N87005'43"W 1322 . 97 FEET TO THE POINT OF BEGINNING, CONTAINING 39. 86 ACRES, MORE OR LESS, SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 8- BELCLAIRE COMMISSIONER'S OATH OF OFFICE I, SETH KAFFKA, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 8 — BELCLAIRE, 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 INTEPASTED, DIRECTLY OR INDIRECTLY, IN ANY CONTRACT LET BY THE 0 RD EXCEPT UPON THE APPROVAL OF ALL THE OWNERS OF REAL P OP RTY IN THE DISTRICT. SETH TKA STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the Z 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. aL NOTARY PUBLIC SEAL v � c„ 110( ,!, a ' s "01 A ! , . RECEIVED mHTr SEP 3 0 2005 CITY OF FAYErrEVILLE "'^' SLE?':'.^, nFFICF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 8- BELCLA►RE COMMISSIONER'S OATH OF OFFICE I, BRANDON BARBER, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 8 — BELCLAIRE, 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 PROPERTY IN THE DISTRICT. BRANDON BARBER STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the 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 setand official seal. r NOTARY PUBLIC SEAL P C ..f4tn �'< : i RECEKED \ b 3 0 2005 ny .COUMTY *r4 CITY OF FA<ETTEVIL LE 0 0 FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 8- BELCLAIRE COMMISSIONER'S OATH OF OFFICE I, BRANDON RAINS, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 8 — BELCLAIRE, 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 EAL PROPERTY IN THE DISTRICT. BRANDON RAINS STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) dL On this the �9 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. NOTARY PUBLIC SEAL P S. Fled/� 1 It's RECEIVED SEP 3 0 2005 CITY �+TY CLERKS OFFICE FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 8 — BELCLAIRE ASSESSOR'S OATH I , Alan C. King, Assessor for Fayetteville Municipal Property Owners' Improvement District No. 8 — Belclaire 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. Alan g State of Arkansas ) )SS. County of Pulaski ) Subscribed and sworn to before me, a Notary Public, this day of October, 2005. PPOLYN 0 / :: PRY Pie•.• i MY �� jN*otaPutlic 4 G :: COMMISSION :: Q` 9s'.• Ey'l� ;• Pte"; N'TYi`PP```�` RECEIVED OCT 25 2005 ®fl!TY CLERRK S OFFICE • City of Fayetteville Staff Review Form �7 City Council Agenda Items k or l rn� Dt5 / Contracts p 2� CIaIre 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. 8 - Belclaire. 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 r N/A I Budget Adjustment AttachedN/A Q _ Previous Ordinance or Resolution # Depalbvh4t Difegtor A Date Original Contract Date: Original Contract Number: City Attorney L� Date Received in City Ciep ffice Fi ance nd Internal Service Director Date Received in Mayor's Office FJITFREO Mayor Date Comments: