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HomeMy WebLinkAboutOrdinance 4770 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 y %day of __C e,4kgLZ? 2005 . APPROVED: MAYOR ,RWTR "' . ATTEST: ��TY p SG'� FAYEiTEVILLE� . . C5h �.C.tC C..) y CITY Clerk �''�0;yaroNo k,��`��� 2 Ap BOUNDARY DESCRIPTION THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1 1 , TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A FOUND 3/8" REBAR LOCATED AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 11 , AND RUNNING THENCE NO3020'34"E 1324. 85 FEET; THENCE S87010'56"E 1299.78 FEET TO A FOUND ALUMINUM MONUMENT; THENCE S86059'45"E 1065 .42 FEET; THENCE S03°00' 15 "W 100.00 FEET; THENCE S86059'45 "E 267.21 FEET; THENCE SO1 4427 W 735 .44 FEET TO THE WEST RIGHT-OF-WAY LINE OF ARKANSAS STATE HWY NO 265 ; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY THE FOLLOWING: S12° 13 '34"W 210.37 FEET, S0802612411E 216. 59 FEET, S01044127"W 65 .62 FEET TO A FOUND 3/8" REBAR LOCATED ON THE SOUTH LINE OF SAID SECTION 11 ; THENCE LEAVING SAID RIGHT-OF-WAY AND RUNNING N87012'56"W 1334. 12 FEET ALONG SAID SOUTH LINE TO A FOUND IRON PIN WITH A CAP LS NO. 755 ; THENCE N87°07'51 "W 1333 .04 FEET TO THE POINT OF BEGINNING, CONTAINING 79.7 ACRES MORE OR LESS, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. ALSO THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A FOUND 3/8" REBAR LOCATED AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 11 AND RUNNING THENCE S02020' 18 "W 1308. 94 FEET TO A FOUND STONE; THENCE N87'3 I '00W 1311 .47 FEET TO A FOUND IRON PIN ON THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER, THENCE NO2013123 "E 1327.06 FEET TO AN ALUMINUM SECTION CORNER MONUMENT; THENCE S86°43'37"E 1314.31 FEET TO THE POINT OF BEGINNING CONTAINING 39.7 ACRES MORE OR LESS, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ANY EASEMENTS OR RIGHTS-OF-WAY OF RECORD. BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 9- BIELLA 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. 9 — Biella, a copy of which Exhibit "A" is attached hereto and made a part hereof: LynnKohn, LLC, Brandon Barber, Seth Kaffka and Brandon Rains DATED this WA day of September, 2005. Blue Star Title of Arkansas, Inc. By: ORIZED REPRESENTATIVE RECEIVED 09 - 15 - 05P03 : 18 RCVD SEP 15 2005 C/IyT�Y/OryF�Fk�v �=7TF' •. All VLLrf\J \:frN_ BOUNDARY DESCRIPTION THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1 1 , TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A FOUND 3/8 " REBAR LOCATED AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 11 , AND RUNNING THENCE NO3020'34 "E 1324 . 85 FEET ; THENCE S87010'56"E 1299. 78 FEET TO A FOUND ALUMINUM MONUMENT; THENCE S86059'45 "E 1065 .42 FEET; THENCE S03°00' 15 "W 100. 00 FEET; THENCE S86059'45 "E 267 .21 FEET; THENCE SOI °44'27 " W 735 . 44 FEET TO THE WEST RIGHT-OF-WAY LINE OF ARKANSAS STATE HWY NO 265 ; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY THE FOLLOWING: S12° 13 '34 " W 210. 37 FEET, S08026'24 "E 216. 59 FEET, SO 104412711W 65 . 62 FEET TO A FOUND 3 /8 " REBAR LOCATED ON THE SOUTH LINE OF SAID SECTION 11 ; THENCE LEAVING SAID RIGHT-OF-WAY AND RUNNING N87012'56 " W 1334 . 12 FEET ALONG SAID SOUTH LINE TO A FOUND IRON PIN WITH A CAP LS NO . 755 ', THENCE N8700751 "W 1333 . 04 FEET TO THE POINT OF BEGINNING, CONTAINING 79. 7 ACRES MORE OR LESS , CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS . 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. 9- BIELLA For their petition to form Fayetteville Municipal Property Owners' Improvement District No. 9- Biella, 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 15 200 CITY OF FAYETrEVILLE 09 - 15- 05P03 : 19 RCVD CITY 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 Kaffka and Brandon Rains. 5. Petitioners propose that the name of the district be Fayetteville Municipal Property Owners' Improvement District No. 9- Biella. 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. 9- Biella 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 . LynnKohn, LLC Brandon Barber An Arkansas ' bility company 4L� By: Seth Kaffka Brandon Barber, authorized member Brandon Rains BOUNDARY DESCRIPTION: THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1 1 , TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A FOUND 3/8" REBAR LOCATED AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 11 , AND RUNNING THENCE NO302014"E 1324. 85 FEET; THENCE S87010'56"E 1299. 78 FEET TO A FOUND ALUMINUM MONUMENT; THENCE S86059'45"E 1065 .42 FEET; THENCE S03 °00' 15 "W 100.00 FEET; THENCE S86059'45 "E 267 .21 FEET; THENCE SOI °44'27"W 735 .44 FEET TO THE WEST RIGHT-OF-WAY LINE OF ARKANSAS STATE HWY NO 265 ; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY THE FOLLOWING: S12° 13 '34" W 210. 37 FEET, SO802612411E 216. 59 FEET, SO104412711W 65 . 62 FEET TO A FOUND 3/8" REBAR LOCATED ON THE SOUTH LINE OF SAID SECTION 11 ; THENCE LEAVING SAID RIGHT-OF-WAY AND RUNNING N87012'56"W 1334 . 12 FEET ALONG SAID SOUTH LINE TO A FOUND IRON PIN WITH A CAP LS NO . 755 ; THENCE N87007'51 "W 1333 .04 FEET TO THE POINT OF BEGINNING, CONTAINING 79.7 ACRES MORE OR LESS, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. ALSO THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A FOUND 3/8" REBAR LOCATED AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 11 AND RUNNING THENCE S02020' 18 " W 1308 .94 FEET TO A FOUND STONE; THENCE N87°31 '00"W 1311 .47 FEET TO A FOUND IRON PIN ON THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER, THENCE NO2013123 "E 1327.06 FEET TO AN ALUMINUM SECTION CORNER MONUMENT; THENCE S86°43'37"E 1314. 31 FEET TO THE POINT OF BEGINNING CONTAINING 39. 7 ACRES MORE OR LESS, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS . SUBJECT TO ANY EASEMENTS OR RIGHTS-OF-WAY OF RECORD. �vf a4 vow FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 9- BIELLA COMMISSIONER'S OATH OF OFFICE I, BRANDON RAINS, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 9 — BIELLA, 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 EXC UPON THE APPROVAL OF ALL THE OWNERS OF REAL PROPERTY I TH T. BRANDON RAINS STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the 1 SI day of N (Nl'/t /moi / 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. �fir� MA&ld- . W,44y NOTARY PUBLIC SEAL OFFICIAL SEAL JENNIFER D. ELLISON NOTARY PUBLIC-ARKANSAS WASHINGTON COUNTY MY COMMISSION EXPIRES: 06-29-10 RECEIVED Nov 0 2 2005 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE . 0 till d/11770 FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 9- BIELLA COMMISSIONER'S OATH OF OFFICE I, SETH KAFFKA, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 9 — BIELLA, 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, DIRTLY OR INDIRECTLY, IN ANY CONTRACT LET BY THE BOARD EX PT UPON THE APPROVAL OF ALL THE OWNERS OF REAL PROPERTY I (HE (STRICT. SE FKA STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the �� day of Ak 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 hereuntnd o eal. iNOTARY PUMC SEAL BrandoN Ra ns,yNoEa`„ Washington Coun ry Pu611c �, �anmissl� �, State of grkansas pirea July 15, 2014. RECEWRat NOV 02 2005 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 9- BIELLA COMMISSIONER'S OATH OF OFFICE I, BRANDON BARBER, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 9 - BIELLA, 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. BRAN R STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the Z- day of /(,&" r 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 here a han an official seal. NOTARY PUBLIC SEAL "NOTARY SEAL" Brandon Rains, Notary Public Washington County, State of Arkansas My Commission Expires July 15. 2014. RECEIVED NOV 0 2 2005 CIN OF FAY FrrEVILLL. ^'T" CLERK'S OFFICE • City of Fayetteville . Staff Review Form City Council Agenda Items or Contracts October 4,2005 City Council Meeting Data Sondra Smith City Clerk City Clerk Submitted By Division Department Action Required: An ordinance to establish Fayetteville Municipal Property Owners' Improvement District No. 9 - Biella. 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 # v De rtment Director Date Original Contract Date: Original Contract Number. C4 65 City Attomey Da e Received in City Clerk's Office 4 6 Finance and Internal Service Director Date - Received in Mayor's Office BITEAEU A 144 Mayor Date Comments: