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
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ATTEST: ��TY p SG'�
FAYEiTEVILLE�
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CITY Clerk �''�0;yaroNo k,��`���
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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'
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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: