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HomeMy WebLinkAboutOrdinance 4843 ORDINANCE NO. 4843 ORDINANCE TO ESTABLISH AND LAYOFF THE CLEARWOOD CROSSING MULTI-PURPOSE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 14 OF FAYETTEVILLE, ARKANSAS WHEREAS, a Petition to establish Clearwood Crossing Multi-Purpose Municipal Property Owners' Improvement District 14 of Fayetteville, Arkansas has been filed with the Fayetteville City Clerk; and WHEREAS, the City Clerk has presented said petition to the Mayor; and WHEREAS, the Mayor has set March 7, 2006 at 6:00 p.m. as the date and time for a hearing before the Fayetteville City Council for consideration of the petition; and WHEREAS, A.C.A. § 14-94- 106 (b) (2) provides that if the governing body determines that all owners of real property to be located in the district have petitioned for the improvement, it shall then be its duty by ordinance to establish the district as defined in the petition and to appoint the commissioners named in the petition; and WHEREAS, the City Council has heard all of the parties desiring to be heard and has ascertained from the Certification of the Abstractor that said petition was signed by all of the record owners of real property in the proposed District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS: Section 1 : That a municipal property owners' improvement district is hereby established and named "Clearwood Crossing Multi-Purpose Municipal Property Owners' Improvement District 14 of Fayetteville, Arkansas," embracing the property in the City of Fayetteville, State of Arkansas, described in the EXHIBIT "A", attached hereto and incorporated herein. Section 2: That the purposes for which the District is formed are the purchasing, accepting as a gift, constructing 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 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 and doing all things reasonably incidental to the accomplishment of any of the foregoing; or doing all things now or hereinafter permitted under applicable law. Section 3 : That Rick Hancock, Randy Ratcliff, and Blake Miller are hereby appointed as commissioners of the District, with all of the rights and duties afforded under the Act. Section 4: The District shall not cease to exist upon the acquisition, construction or completion of the planned improvements, but shall continue to exist for the purposes of operating, maintaining and preserving the remaining improvements, replacing equipment, paying salaries and costs and performing any other functions or services authorized by law. Section 5 : That the District may be dissolved by the commissioners of the District when its obligations are paid and the ownership, operation and maintenance of the improvements, together with the appurtenances thereto, are assumed by a municipality or other responsible entity. qwm°nnr� �0 ; k TR�''f.. PASSED and APPROVED this 7's day of March, 2006. ;\-a ;' \SY �Gn ' ; V . APPROVE : ATTEST: E ; FAYETTEVILLE ; 'c 9sy;PkANSP�J�' By: By: '�ilIGTON D COO Mayor SONDRA SMITH, City Clerk EXHIBIT A SURVEY DESCRIPTION PROPOSED CLEARWOOD CROSSING SUBDIVISION PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31 , TOWNSHIP 17 NORTH, RANGE 30 WEST; ALSO PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST; ALSO PART OF THE FRACTIONAL NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 16 NORTH, RANGE 30 WEST, ALL IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 32 NORTH 02 DEGREES 00 MINUTES 33 SECONDS EAST 8.82 FEET; THENCE DEPARTING SAID WEST LINE NORTH 88 DEGREES 35 MINUTES 27 SECONDS WEST 73 . 15 FEET TO THE EAST RIGHT-OF-WAY LINE OF RUPPLE ROAD; THENCE ALONG SAID RIGHT-OF- WAY LINE NORTH 04 DEGREES 21 MINUTES 38 SECONDS EAST 321 .35 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE SOUTH 87 DEGREES 41 MINUTES 22 SECONDS EAST 59.96 FEET TO A FOUND IRON PIN ON THE SAID WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 32; THENCE SOUTH 87 DEGREES 37 MINUTES 41 SECONDS EAST 961 .34 FEET; THENCE SOUTH 02 DEGREES 1 I MINUTES 22 SECONDS WEST 210.00 FEET; THENCE SOUTH 87 DEGREES 37 MINUTES 41 SECONDS EAST 360.02 FEET TO A FOUND IRON PIN ON THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32; THENCE ALONG SAID EAST LINE SOUTH 02 DEGREES 11 MINUTES 22 SECONDS WEST 118.82 FEET TO A FOUND IRON PIN AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32; THENCE ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32 NORTH 87 DEGREES 37 MINUTES 41 SECONDS WEST 28 .71 FEET TO A FOUND RAILROAD SPIKE; THENCE DEPARTING SAID SOUTH LINE SOUTH 02 DEGREES 39 MINUTES 25 SECONDS WEST 365.34 FEET; THENCE NORTH 87 DEGREES 37 MINUTES 41 SECONDS WEST 780.43 FEET; THENCE NORTH 05 DEGREES 48 MINUTES 27 SECONDS EAST 366.00 FEET TO A FOUND IRON PIN ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32; THENCE ALONG SAID SOUTH LINE NORTH 87 DEGREES 37 MINUTES 41 SECONDS WEST 531 .30 FEET TO THE POINT OF BEGINNING, CONTAINING 15. 19 ACRES, MORE OR LESS, BEING SUBJECT TO THE RIGHT-OF- WAY OF SALEM ROAD ALONG THE EAST SIDE THEREOF AND ALSO SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. `6 ren City of Fayetteville 3 ,17106 Staff Review Form City Council Agenda Items / or /y�0/b1/LI1t�A� Contracts D, S�w / 7 March 7, 2006 /.D_a, u/�� City Council Meeting Date Xi M3 Sondra Smith City Clerk City Clerk Submitted By Division Department Action Required: An ordinance to establish Fayetteville Municipal Property Owners' Improvement District No. 14 - Clearwood Crossing. 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 Gill Elrod Ragon Owen & Sherman, P.A. on behalf of the Improvement District. N/A N/A N/A Cost of this request Category / Project Budget Program Category I Project Name N/A IN/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 Attached r N/A Previous Ordinance or Resolution # De en Director Date Original Contract Date: Original Contract Number: City Attorney Date Received in City Clerk's Office Finance and Internal Service Director Date / Received in Mayor's Office �14 aa� :1 Mayor Date Comments: Tayete l le 113 West Mountain RECEIVED ARKANSAS Fayetteville, AR 72701 FEB 21 2006 Telephone: (479) 575-8323 CITY OF FAYETTEVILLE Fax: (479) 718-7695 MAYOR'S OFFICE city_clerk@ci.fayetteville.ar.us City Clerk/Treasurer Division February 21 , 2006 Honorable Dan Coody, Mayor City Administration Building 113 W. Mountain Fayetteville, AR 72701 RE: Petition to form Fayetteville Municipal Property Owners' Improvement District No. 14 Cleanvood Crossing Multi-Purpose Municipal Property Owners' Improvement District No. 14 of Fayetteville, Arkansas Dear Mayor: Pursuant to Arkansas Code Ann. Sec. 14-94-105 (e)(3), you are hereby notified that the enclosed Petition to form Fayetteville Municipal Property Owners' Improvement District No. 14 — Clearwood Crossing has been filed in the office of the Fayetteville City Clerk. Pursuant to Ark. Code Ann. Sec. 14-94- 106 (a)( 1 ), I hereby present you with the Petition. Sincerely, ` Sondra Smith City Clerk/Treasurer cc: Kit Williams, City Attorney Gill Elrod Ragon Owen & Sherman, P.A. ORDINANCE NO. TO ESTABLISH AND LAYOFF THE CLEARWOOD CROSSING MULTI-PURPOSE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 14 OF FAYETTEVILLE, ARKANSAS WHEREAS, a Petition to establish Clearwood Crossing Multi-Purpose Municipal Property Owners' Improvement District 14 of Fayetteville, Arkansas has been filed with the Fayetteville City Clerk; and WHEREAS, the City Clerk has presented said petition to the Mayor; and WHEREAS, the Mayor has set March 7, 2006 at 6:00 p.m. as the date and time for a hearing before the Fayetteville City Council for consideration of the petition; and WHEREAS, A.C.A. § 14-94- 106 (b) (2) provides that if the governing body determines that all owners of real property to be located in the district have petitioned for the improvement, it shall then be its duty by ordinance to establish the district as defined in the petition and to appoint the commissioners named in the petition; and WHEREAS, the City Council has heard all of the parties desiring to be heard and has ascertained from the Certification of the Abstractor that said petition was signed by all of the record owners of real property in the proposed District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS: Section 1 : That a municipal property owners' improvement district is hereby established and named "Clearwood Crossing Multi-Purpose Municipal Property Owners' Improvement District 14 of Fayetteville, Arkansas," embracing the property in the City of Fayetteville, State of Arkansas, described in the EXHIBIT "A", attached hereto and incorporated herein. Section 2: That the purposes for which the District is formed are the purchasing, accepting as a gift, constructing 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 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 and doing all things reasonably incidental to the accomplishment of any of the foregoing; or doing all things now or hereinafter permitted under applicable law. Section 3 : That Rick Hancock, Randy Ratcliff, and Blake Miller are hereby appointed as commissioners of the District, with all of the rights and duties afforded under the Act. Section 4: The District shall not cease to exist upon the acquisition, construction or completion of the planned improvements, but shall continue to exist for the purposes of operating, maintaining and preserving the remaining improvements, replacing equipment, paying salaries and costs and performing any other functions or services authorized by law. Section 5 : That the District may be dissolved by the commissioners of the District when its obligations are paid and the ownership, operation and maintenance of the improvements, together with the appurtenances thereto, are assumed by a municipality or other responsible entity. PASSED and APPROVED this 7w day of March, 2006. APPROVED: ATTEST: By: By: DAN GOODY, Mayor SONDRA SMITH, City Clerk 2 EXHIBIT A SURVEY DESCRIPTION PROPOSED CLEARWOOD CROSSING SUBDIVISION Part of the Southeast Quarter of the Southeast Quarter of Section 31 , Township 17 North, Range 30 West; ALSO part of the Southwest Quarter of the Southwest Quarter of Section 32, Township 17 North, Range 30 West; ALSO part of the Fractional Northwest Quarter of Section 6, Township 16 North, Range 30 West, all in Washington County, Arkansas, and being more particularly described as follows: Beginning at the Southwest corner of said Section 32; thence along the West line of said Southwest Quarter of Section 32 North 02 degrees 00 minutes 33 seconds East 8.82 feet; thence departing said West line North 88 degrees 35 minutes 27 seconds West 73 . 15 feet to the East right-of-way line of Rupple Road; thence along said right-of-way line North 04 degrees 21 minutes 38 seconds East 321 .35 feet; thence departing said right-of-way line South 87 degrees 41 minutes 22 seconds East 59.96 feet to a found iron pin on the said West line of the Southwest Quarter of Section 32; thence South 87 degrees 37 minutes 41 seconds East 961 .34 feet; thence South 02 degrees 11 minutes 22 seconds West 210.00 feet; thence South 87 degrees 37 minutes 41 seconds East 360.02 feet to a found iron pin on the East line of said Southwest Quarter of the Southwest Quarter of Section 32; thence along said East line South 02 degrees 11 minutes 22 seconds West 118.82 feet to a found iron pin at the Southeast corner of said Southwest Quarter of the Southwest Quarter of Section 32; thence along the South line of said Southwest Quarter of the Southwest Quarter of Section 32 North 87 degrees 37 minutes 41 seconds West 28.71 feet to a found railroad spike; thence departing said South line South 02 degrees 39 minutes 25 seconds West 365.34 feet; thence North 87 degrees 37 minutes 41 seconds West 780.43 feet; thence North 05 degrees 48 minutes 27 seconds East 366.00 feet to a found iron pin on the South line of said Southwest Quarter of the Southwest Quarter of Section 32; thence along said South line North 87 degrees 37 minutes 41 seconds West 531 .30 feet to the Point of Beginning, containing 15. 19 acres, more or less, being SUBJECT TO the right-of-way of Salem Road along the East side thereof and also SUBJECT TO any easements, covenants or restrictions of record or fact. RECEIVED FEB 21 2QQ6 CITY OF FAYETTEVILLE CITY CLERICS OFFICE NOTICE YOUR SIGNATURE HEREON SHOWS THAT YOU SUPPORT THE ESTABLISHMENT OF AN IMPROVEMENT DISTRICT. IF THE DISTRICT IS FORMED, YOU MAY BE CHARGED FOR THE COST OF THE IMPROVEMENTS . BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS IN RE: CLEARWOOD CROSSING MULTI-PURPOSE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 14 OF FAYETTEVILLE, ARKANSAS PETITION FOR FORMATION OF MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT TO: THE HONORABLE DAN COODY MAYOR, FAYETTEVILLE, ARKANSAS The undersigned, HMWHC, LLC, Rick Hancock, Randy Ratcliff, and Blake Miller (collectively, the "Petitioners"), representing the record owners of all real property within the area of the proposed municipal property owners' improvement district (the "Proposed District"), do hereby petition the City Council of Fayetteville, Arkansas, under Arkansas Code Annotated Section 14-94- 101 , et seq. (the "Municipal Property Owners' Improvement District Law"), to lay off into a municipal property owners' improvement district the real property described in the attached EXHIBIT A which is incorporated herein by this reference. The Proposed District shall be formed for any one or all of the following purposes: purchasing, accepting as a gift, constructing or maintaining waterworks, recreational facilities, systems of gas pipelines, sewers or grading, draining, paving, curbing and guttering streets and highways and laying sidewalks or establishing, equipping and maintaining rural fire departments; or for more than one of these purposes and doing all things reasonably incidental to the accomplishment of any of the foregoing; or doing all things now or hereinafter permitted under applicable law, including without limitation the Municipal Property Owners' Improvement District Law. Furthermore, a Certificate of Abstractor prepared by an abstract and title company is attached hereto as EXHIBIT B and incorporated herein by this reference and provides that the Petitioners are the record owners of ali of the real property located within the area of the Proposed District. The Petitioners further petition the Court to name the following persons as commissioners of the Proposed District: (i) Rick Hancock; (ii) Randy Ratcliff; and (iii) Blake Miller. Each of these persons is an individual of integrity and good business ability and is a property holder or a designated representative of a property holder in the District. The Petitioners further petition the Court to select as the Proposed District's name "Clearwood Crossing Multi-Purpose Municipal Property Owners' Improvement District No. 14 of Fayetteville, Arkansas. " This Petition may be circulated to the Petitioners for signature in several identical counterparts, which shall be considered as a whole. [This space intentionally left blank; signatures to follow] Notice and Petition — Lakes of Pine Knot Page 2 [Signature page to Petition for Formation of Municipal Property Owners' Improvement District) PETITIONERS HMWHC, LLC ByDated: 2006 Rick Hancock, Managing Member Address: 4SS6 V. SgN�(,^�z�oi, s- EAyeT/evi//� Dated: — 2006 Rick Hancock, Individua y Address: /6 Dated: 2006 Randy Ratcliff, Individual �— Address: Ile 7LIG r Dated: —c70 12006 AakeMitler, Individually Address: EXHIBIT A to Petition for Formation of Property Owners' Improvement District Survey Description Proposed Clearwood Crossing Subdivision Part of the Southeast Quarter of the Southeast Quarter of Section 31 , Township 17 North, Range 30 West; ALSO part of the Southwest Quarter of the Southwest Quarter of Section 32, Township 17 North, Range 30 West; ALSO part of the Fractional Northwest Quarter of Section 6, Township 16 North, Range 30 West, all in Washington County, Arkansas, and being more particularly described as follows: Beginning at the Southwest comer of said Section 32; thence along the West line of said Southwest Quarter of Section 32 North 02 degrees 00 minutes 33 seconds East 8.82 feet; thence departing said West line North 88 degrees 35 minutes .27 seconds West 73. 15 feet to the East right-of-way line of Rupple Road; thence along said right-of-way line North 04 degrees 21 minutes 38 seconds East 321 .35 feet; thence departing said right-of-way line South 87 degrees 41 minutes 22 seconds East 59.96 feet to a found iron pin on the said West line of the Southwest Quarter of Section 32; thence South 87 degrees 37 minutes 41 seconds East 961 .34 feet; thence South 02 degrees 11 minutes 22 seconds West 210.00 feet; thence South 87 degrees 37 minutes 41 seconds East 360.02 feet to a found iron pin on the Last line of said Southwest Quarter of the Southwest Quarter of Section 32; thence along said East line South 02 degrees 11 minutes 22 seconds West 118.82 feet to a found iron pin at the Southeast comer of said Southwest Quarter of the Southwest Quarter of Section 32; thence along the South line of said Southwest Quarter of the Southwest Quarter of Section 32 North 87 degrees 37 minutes 41 seconds West 28.71 feet to a found railroad spike; thence departing said South line South 02 degrees 39 minutes .25 seconds West 365 .34 feet; thence North 87 degrees 37 minutes 41 seconds West 780.43 feet; thence North 05 degrees 48 minutes 27 seconds East 366.00 feet to a found iron pin on the South line of said Southwest Quarter of the Southwest Quarter of Section 32; thence along said South line North 87 degrees 37 minutes 41 seconds West 531 .30 feet to the Point of Beginning, containing 15. 19 acres, more or less, being SUBJECT TO the right-of-way of Salem Road along the East side thereof and also SUBJECT TO any easements, covenants or restrictions of record or fact. Notice and Petition — Lakes of Pine Knot Page 4 EXHIBIT B to Petition for Formation of Property Owners' Improvement District ]Certificate of Abstractor] See attached 2 pages. Notice and Petition - Lakes of Pine Knot Page 5 BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS RE: CLEARWOOD CROSSING MULTI -PURPOSE MUNICIPAL PROPERTY OWNERSIMPROVEMENT DISTRICT NO. 14 OF FAYETTEVILLE, ARKANSAS ABSTRACTOR'S CERTIFICATE OF PROPERTY OWNERSHIP Pro Land Title hereby certifies that the Deed Records in the office of the Circuit Clerk and Ex - Officio Recorder of Washington County, Arkansas, reflect that HMWHC, LLC, Rick Hancock, Randy Ratcliff, and Blake Miller are the only owners of the record title to all property described in EXHIBIT A to the Petition for Formation of Clearwood Crossing Multi -Purpose Municipal Property Owners' Improvement District No. 14 of Fayetteville, Arkansas, a copy of which EXHIBIT A is attached hereto and made a part hereof. DATED this 20th day of February, 2006. ABSTRACTOR: C:\Documents and SettingsVratclif\\Local Settings\Temporary Internet Files\OLKF\Opinion of Abstract Co.doc Page 1 02/21/2006 10:05 FTP + userl l002/002 to Petition for Formation of Property OwnersImprovement District Survey Description Proposed Cleat -wood Crossing Subdivision Part of the Southeast Quarter of the Southeast Quarter of Section 31, Township 17 North, Range 30 West; ALSO part of the Southwest Quarter of the Southwest Quarter of Section 32, Township 17 North, Range 30 West; ALSO part of the Fractional Northwest Quarter of Section 6, Township 16 North, Range 30 West, all in Washington County, Arkansas, and being more particularly described as follows: Beginning at the Southwest comer of said Section 32; thence along the West line of said Southwest Quarter of Section 32 North 02 degrees 00 minutes 33 seconds East 8.82 feet; thence departing said West line North 88 degrees 35 minutes 27 seconds West 73.15 feet to the East right-of-way line of Rupple Road; thence along said right-of-way line North 04 degrees 21 minutes 38 seconds East 321.35 feet; thence departing said right-of-way line South 87 degrees 41 minutes 22 seconds East 59.96 feet to a found iron pin on the said West line of the Southwest Quarter of Section 32; thence South 87 degrees 37 minutes 41 seconds East 961.34 feet; thence South 02 degrees 11 minutes 22 seconds West 210.00 feet; thence South 87 degrees 37 minutes 41 seconds East 360.02 feet to a found iron pin on the East line of said Southwest Quarter of the Southwest Quarter of Section 32; thence along said East line South 02 degrees 11 minutes 22 seconds West 11882 feet to a found iron pin at the Southeast corner of said Southwest Quarter of the Southwest Quarter of Section 32; thence along the South line of said Southwest Quarter of the Southwest Quarter of Section 32 North 87 degrees 37 minutes 41 seconds West 28.71 feet to a found railroad spike; thence departing said South line South 02 degrees 39 minutes 25 seconds West 365.34 feet; thence North 87 degrees 37 minutes 41 seconds West 780.43 feet; thence North 05 degrees 48 minutes 27 seconds East 366.00 feet to a found iron pin on the South line of said Southwest Quarter of the Southwest Quarter of Section 32; thence along said South line North 87 degrees 37 minutes 41 seconds West 531.30 feet to the Point of Beginning, containing 15.19 acres, more or less, being SUBJECT TO the right-of-way of Salem Road along the East side thereof and also SUBJECT TO any easements, covenants or restrictions of record or fact. eapocumenta and Settings'aratddflLocal SettingsWemporary Internet FilesIOLKF1Opireon of Abstract Co.deo Page 2 Prepared by and, after recording, please return to: T. Daniel Goodwin Gill Elrod Ragon Owen & Sherman, P.A. 425 W. Capitol Ave., Suite 3801 Little Rock, AR 72201 QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS: THAT HMWHC, LLC, an Arkansas limited liability company, GRANTOR, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration, does hereby grant and quitclaim unto Rick Hancock, GRANTEE, his heirs, successors, and assigns, forever, all of its right, title, interest, and claim in and to the following described lands situated in the County of Washington, State of Arkansas, to -wit: Part of the Southwest Quarter of the Southwest Quarter of Section 32, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at a found iron pin at the Southwest comer of said Section 32; thence along the West line of said Section North 02 degrees 01 minute 48 seconds East 40.00 feet; thence departing said West line South 87 degrees 58 minutes 12 seconds East 10.00 feet; thence North 00 degrees 00 minutes 00 seconds East 1.00 foot to the Point of Beginning; thence continuing North 00 degrees 00 minutes 00 seconds East 1.00 foot; thence North 90 degrees 00 minutes 00 seconds East 1.00 foot; thence South 00 degrees 00 minutes 00 seconds East 1.00 foot; thence South 90 degrees 00 minutes 00 seconds West 1.00 foot to the Point of Beginning, containing I square foot, more or less. SUBJECT TO all previous mineral conveyances, reservations, and exceptions; to any valid rights -of -way of record; to all municipal, city, county, and state zoning laws; and to any protective covenants, easements, or restrictions that may have been recorded in the records of Washington County, Arkansas. TO HAVE AND TO HOLD the same unto the GRANTEE, and unto his heirs, successors, and assigns, forever, with all appurtenances thereunto belonging. EXECUTED this . Olkday of fea>•-t4Aa7 , 2006. HMWHC, LLC, Grantor ACKNOWLEDGMENT STATE OF ARKANSAS )ss. COUNTY OF WASHINGTON ) On this day, before me, a notary public duly commissioned, qualified, and acting within and for the said county and state, personally appeared Rick Hancock, to me personally well known, who acknowledged that he is the Managing Member of HMWHC, LLC, an Arkansas limited liability company, Grantor herein, and that he, as such officer and being so authorized, executed the foregoing instrument for the consideration, uses, and purposes therein contained and in the capacity therein stated, by signing the name of the company as such Managing Member. WITNESS my hand and official sea] on this '2 day of nut __ _ _ , 2006. No y ublic My Commission Expires: JOHN A GOODSON I» My Commission Expires Ju 7,2013 I certify under penalty of false swearing that at least the legally correct amount of documentary stamps have been placed on this instrument (if none shown, exempt or no consideration paid). Grantee or Agent: TED Rick Hancock or Agent Grantee's Address: 397 West Poplar, Suite 5 Fayetteville, AR 72703 Prepared by and, after recording, please return to: T. Daniel Goodwin Gill Elrod Ragon Owen & Sherman, P.A. 425 W. Capitol Ave., Suite 3801 Little Rock, AR 72201 QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS: THAT HMWHC, LLC, an Arkansas limited liability company, GRANTOR, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration, does hereby grant and quitclaim unto Randy Ratcliff, GRANTEE, his heirs, successors, and assigns, forever, all of its right, title, interest, and claim in and to the following described lands situated in the County of Washington, State of Arkansas, to -wit: Part of the Southwest Quarter of the Southwest Quarter of Section 32, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at a found iron pin at the Southwest comer of said Section 32; thence along the West line of said Section North 02 degrees 01 minute 48 seconds East 40.00 feet; thence departing said West line South 87 degrees 58 minutes 12 seconds East 10.00 feet to the Point of Beginning; thence North 00 degrees 00 minutes 00 seconds East 1.00 foot; thence North 90 degrees 00 minutes 00 seconds East 1.00 foot; thence South 00 degrees 00 minutes 00 seconds East 1,00 foot; thence South 90 degrees 00 minutes 00 seconds West 1.00 foot to the Point of Beginning, containing 1 square foot, more or less. SUBJECT TO all previous mineral conveyances, reservations, and exceptions; to any valid rights -of -way of record; to all municipal, city, county, and state zoning laws; and to any protective covenants, easements, or restrictions that may have been recorded in the records of Washington County, Arkansas. TO HAVE AND TO HOLD the same unto the GRANTEE, and unto his heirs, successors, and assigns, forever, with all appurtenances thereunto belonging. EXECUTED this day of `e6rt,4M.y , 2006. HMWHC, LLC, Grantor By: G? Rick�Hat Dock, Managing Member ACKNOWLEDGMENT STATE OF ARKANSAS ) )ss. COUNTY OF WASHINGTON ) On this day, before me, a notary public duly commissioned, qualified, and acting within and for the said county and state, personally appeared Rick Hancock, to me personally well known, who acknowledged that he is the Managing Member of HMWHC, LLC, an Arkansas limited liability company, Grantor herein, and that he, as such officer and being so authorized, executed the foregoing instrument for the consideration, uses, and purposes therein contained and in the capacity therein stated, by signing the name of the company as such Managing Member. WITNESS my hand and official seal on this iheuday of ��rwR.n , 2006. My Commission Expires: JOHN A. GOODSON My Commission E q Tres Jiiy713 I certify under penalty of false swearing that at least the legally correct amount of documentary stamps have ban placed on this instrument (if none shown, exempt or no consideration paid). /7 12 Grantee or Agent: Randy Ratcliff Grantee's Address: 397 West Poplar, Suite 5 Fayetteville, AR 72703 2 Prepared by and, after recording, please return to: T. Daniel Goodwin Gill Elrod Ragon Owen & Sherman, P.A. 425 W. Capitol Ave., Suite 3801 Little Rock, AR 72201 QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS: THAT HMWHC, LLC, an Arkansas limited liability company, GRANTOR, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration, does hereby grant and quitclaim unto Blake Miller, GRANTEE, his heirs, successors, and assigns, forever, all of its right, title, interest, and claim in and to the following described lands situated in the County of Washington, State of Arkansas, to -wit: Part of the Southwest Quarter of the Southwest Quarter of Section 32, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at a found iron pin at the Southwest corner of said Section 32; thence along the West line of said Section North 02 degrees 01 minute 48 seconds East 40.00 feet; thence departing said West line South 87 degrees 58 minutes 12 seconds East 10.00 feet; thence North 00 degrees 00 minutes 00 seconds East 2.00 feet to the Point of Beginning; thence continuing North 00 degrees 00 minutes 00 seconds East 1.00 foot; thence North 90 degrees 00 minutes 00 seconds East 1.00 foot; thence South 00 degrees 00 minutes 00 seconds East 1.00 foot; thence South 90 degrees 00 minutes 00 seconds West 1.00 foot to the Point of Beginning, containing I square foot, more or less. SUBJECT TO all previous mineral conveyances, reservations, and exceptions; to any valid rights -of -way of record; to all municipal, city, county, and state zoning laws; and to any protective covenants, easements, or restrictions that may have been recorded in the records of Washington County, Arkansas. TO HAVE AND TO HOLD the same unto the GRANTEE, and unto his heirs, successors, and assigns, forever, with all appurtenances thereunto belonging. EXECUTED this ao� day of %rJ;^uaay , 2006. HMWHC, LLC, Grantor By: Rick ticock, Maikagthg Member ACKNOWLEDGMENT STATE OF ARKANSAS ) )ss. COUNTY OF WASHINGTON ) On this day, before me, a notary public duly commissioned, qualified, and acting within and for the said county and state, personally appeared Rick Hancock, to me personally well known, who acknowledged that he is the Managing Member of HMWHC, LLC, an Arkansas limited liability company, Grantor herein, and that he, as such officer and being so authorized, executed the foregoing instrument for the consideration, uses, and purposes therein contained and in the capacity therein stated, by signing the name of the company as such Managing Member. WITNESS my hand and official seal on this k day of 2006. N Public My Commission Expires: mzu Ju 7.2013 I certify under penalty of false swearing that at least the legally correct amount of documentary stamps have b en placed on this instrument (if none shown, exempt or no consideration paid). Grantee or Agent: ake Miller or Agent Grantee's Address: 397 West Poplar, Suite 5 Fayetteville, AR 72703 02/21/06 11:14 FAX 501 372 3359 GILL ELROD RAGON cal DERRICK DAVIDSON, P.A. ROGER H. FITZGIBBON, JR. JOHN P. GILL T. DANIEL GOODwN RICHARD L. LAWRENCE, P.A. DRAKE MANN MARIE -B. MILLER, P.A. CHARLES C. OWEN, P.A. HEARTSILL RADON, 111. P.A. W. BRADFORD SHERMAN CHRISTOPHER L. TRAVIS To: From: Date: Re: Attached: GILL ELROD RAGON OWEN & SHERMAN, P. A. ATTORNEYS JUDY P. McNEIL MATTHEW B. FINCH DYLAN H. POTTS CHAD M. AVERY KELLY W. MCNULTY W. W. ELROD it (1950-2005) FACSIMILE TRANSMISSION Sondra E. Smith, City Clerk Donna Miller, Legal Assistant February 21, 2006 JOHN A. FOGLEMAN. OF COUNSEL (1911-2004) Fax #: 479-718-7695 # of pages: 1 (including this page) Time Sent: 4-.m. Clearwood Crossing Multi -Purpose Municipal Property Owners' Improvement District No. 14 of Fayetteville, Arkansas Notice and Petition for Formation of MPOID Message: Please let me know when the revised agenda has been posted so that I can download it from your website. Thanks for your help. If you have trouble with this transmission, please call Donna at (501) 376-3800. 3801 Metropolitan Tower, 425 West Capitol Avenue, Little Rock, Arkansas 72201 Telephone (501) 376-3800 Telefax (501) 372-3359 www.gill-law.com • This communication is subject to the afomey-clenl prKilege. The information contained herein is PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee. If you, the reader, are not the addressee, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prottibttedl If you have received this communication in error, please bnmediateiy notify this firm by telephone and return the original facsimile transmission to this firm at the above address. Thank you. Charge to File No. 877.9008 02/21/06 11:15 FAX 501 372 3359 GILT. ELROD RAGON YOUR SIGNATURE HEREON SHOWS THAT YOU SUPPORT THE ESTABLISHMENT OF AN IMPROVEMENT DISTRICT. IF THE DISTRICT IS FORMED, YOU MAY BE CHARGED FOR THE COST OF THE IMPROVEMENTS. BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS IN RE:- CLEARWOOD CROSSING MULTI -PURPOSE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT- NO. 14 OF FAYETTEVILLE, ARKANSAS PETITION FOR FORMATION OF MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT TO: THE HONORABLE DAN COODY MAYOR, FAYETTEVILLE, ARKANSAS The undersigned; HMWHC, LLC, Rick Hancock, Randy Ratcliff, and Blake Miller (collectively, the "Petitioners"), representing the record owners of all real property within the area of the proposed municipal property owners' improvement district (the "Proposed District"), do hereby petition the City Council of Fayetteville, Arkansas, under Arkansas -Code Annotated Section 14-94-101, et seq. (the "Municipal Property Owners' Improvement District Law"), to lay off into a municipal property owners' improvement district the real property described in the attached EXHIBIT A which is incorporated -herein by this reference: The Proposed District shall be formed for any one or all of the following purposes: purchasing; accepting as a gift, constructing or -maintaining waterworks, recreational facilities, systems of gas pipelines, sewers or grading, draining, paving, curbing and guttering streets and 02/21/06 11:15 FAX 501 372 3359 GILL ELROD RAGON 003 highways and laying sidewalks or establishing, equipping and maintaining rural fire departments; or for more than one of these purposes and doing all things reasonably incidental to the accomplishment of any of the foregoing; or doing all things now or hereinafter permitted under applicable- law, including without limitation the Municipal Property Owners' Improvement District Law. Furthermore; a Certificate of Abstractor prepared by an abstract and title company is attached hereto as EXHIBIT B and incorporated herein by this reference and provides that the Petitioners are the record owners of all of the real- property located within the area of the Proposed District. The Petitioners further petition the Court to name the following persons as commissioners of the Proposed District: (ii Rick Hancock; (ii) Randy Ratcliff; and (iii) Blake Miller. Each of these persons is an individual of integrity and good business ability and is a property holder or a designated repress entative of a property holder in the District. The Petitioners further petition the Court to select as the Proposed District's name "Clearwood Crossing -Multi -Purpose -Municipal Property Owners' Improvement District No. 14 of Fayetteville, Arkansas." This Petition may be- circulated- to the Petitioners for signature in several identical - counterparts, which shall be considered as a whole. [This space intentionally left blank; signatures to follow] - Notice and Petition — lakes of Pine Knot Page 2 02/21/06 11:15 FAX 501 372 3359 GILL ELROD RAGON [Signature page to Petition for Formation of Municipal Prapeny Owners' Improvement District) HMWHC, LLC Dered:at` 2006 Rick Hanwdc, Mvidua y Address: Dated: —dO 2006 02/21/06 EXHIBIT A to Petition for Formation of Property Owners' Improvement District Survey Description Proposed Clearwood Crossing, Subdivision Part of the Southeast Quarter of -the Southeast Quarter of Section 31, Township 17 North, Range 30 West; ALSO part of the Southwest Quarter of the Southwest Quarter of Section 32, Township 17 North, Range 30 West; ALSO part of the Fractional Northwest Quarter of Section 6, Township 16 North, Range 30 West, all in Washington County, Arkansas, and being more particularly described as follows: Beginning at the Southwest comer of said Section 32; thence along the West line of said Southwest Quarter of Section 32 North 02 degrees 00 minutes 33 seconds East 8.82 feet; thence departing said West line North 88 degrees 35 minutes 27 seconds West 73.15 feet to the East right-of-way line of Rupple Road; thence along said right-of-way line North 04 degrees 21 minutes 38 seconds East 321.35 feet; thence departing said right-of-way line South 87 degrees 41 minutes 22 seconds East 59.96 feet to a found iron pin on the said West line of the Southwest Quarter of Section 32; thence South.87 degrees 37 minutes 41 seconds East 961.34 feet; thence South 02 degrees 11 minutes 22 seconds West 210.00 feet; thence South 87 degrees 37 minutes 41 seconds East360:02 feet to a found iron pin on the East line of said Southwest Quarter of the Southwest Quarter of Section 32; thence along said East line South 02 degrees 11 minutes 22 seconds West 118.82 feet to a found iron pin at the Southeast comer of said Southwest Quarter of the Southwest Quarter of Section 32; thence along the South line of said Southwest Quarter of the Southwest Quarter of Section 32 North 87 degrees 37 minutes 41 seconds West 28.71 feet to a found railroad spike; thence departing said South line South 02 degrees 39 minutes 25 seconds West 365.34 feet; thence North 87 degrees 37 minutes 41 seconds West 780.43 feet; thence North 05 degrees 48 minutes 27 seconds East 366.00 feet to a found iron pin on the South line of said Southwest Quarter of the Southwest Quarter of Section 32; thence along said South line North 87 degrees 37 minutes 41 seconds West 531.30 feet to the Point of Beginning, containing 15.19 acres, more -or less, being SUBJECT TO theright-of-way of Salem Road along the East side thereof and also SUBJECT TO any easements, covenants or restrictions of record or fact. Notice and Petition — Lakes of Pine Knot Page 4 02/21/06 11:16 FAX 501 372 3359 GILL ELROD RAGON 006 EXHIBIT B to Petition for Formation of Property Owners' Improvement District {Certificate of Abstractor] See attached 2 pages: Notice and Petition - Lakes of Pine Knot Page 5 02/21/06 11:16 FAX 501 372 3359 02/21/2006 10:05 FTP CT1.1. ELROD RAGON t 007 + userl ® 001/002 BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS RE: CLEARWOOD CROSSING MULTI -PURPOSE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO; 14 OF FAYETTEVILLE, ARKANSAS Pro Land Title hereby certifies that the Deed Records in the office of the Circuit Clerk and Ex. Officio Recorder of Washington County, Arkansas, reflect that HMWHC, LLC,-Riek Hancock, Randy Ratcliff, and Blake Miller are the only owners of the record title to all property described in EXHIBIT A to the Petition for Formation of Clearwood Crossing Multi -Purpose Municipal Property Owners' Improvement District No. 14 of Fayetteville, Arkansas, a copy of which EXHIBIT A is attached hereto and made a part hereof. DATED this 20th day of February, 2006. ABSTRACTOR: e:1D.ou/mm% and s.Iwaarreo-srnl.oc.I s.aingsWompowy Internet FlIn1OLIa1Opinam oI Abend Co.dm Page 1 02/21/2008 10:05 FTP + userl ® 002/002 1a1a:1f:10 ls'1 Petition for Formation of Property Owners' improvement District e .':.J:11. Ia1,. Pant of the Southeast Quarter of the Southeast Quarter of Section 31, Township 17 North, Range 30 West; ALSO part of the Southwest Quarter of the Southwest Quarter of Section 32, Township 17 North, flange 30 West; ALSO part of the Fractional Northwest Quarter of Section 6, Township 16 North, Range 30 West, all- in Washington County, Arkansas, and being mom particularly described as follows: Beginning -at the Southwest wme - of said Section 32; thence along the West' line of said Southwest Quarter of Section 32 North 02 degrees 00 minutes 33 seconds East 8.82 Seel; thence departing said West line North 88 degrees 35 minutes 27 seconds West 73.15 feet to the East right-of-way line of Rupple Road; thence along said right-of-way line North 04 degrees 21 minutes 38 seconds East 321.35 feet; thence departing said right-of-way line South 87 degrees 41 minutes 22 seconds East 59.96 feet to a found iron pin on the said West line of the Southwest Quarter of Section 32; thence South -87 degrees 37 minutes 41 seconds East 961.34 feet; thence South 02 degrees 11 minutes 22 seconds West 210.00 feet; thence South 87 degrees 31 minutes 41 seconds East 360-02 feet to a found iron pin on the East line of said Southwest Quarter of the Southwest Quarter of Section 32; thence along said East line South 02 degrees 11 minutes 22 seconds West 118.82 feet to a found iron pin at the Southeast corner of said Southwest Quarter of the Southwest Quarter of Section 32; thence along. the South line of said Southwest Quarter of the Southwest Quarter of Section 32 North 87 degrees 37 minutes 41 seconds West 28.71 feet to a found railroad spike; thence departing said South line. South 02.degrees 39 minutes 25 seconds West 365.34 feet; thence North 87 degrees 37 minutes 41 seconds West 780.43 feet: thence North 05 degrees 48 minutes 27 seconds.East-366.00 feet to a found iron pin on the South line of said Southwest Quarter of the Southwest Quarter of Section 32; thence along said South line North 87 degrees. 37 minutes 41 seconds West. 531.30 feet to the Point of Beginning, containing 15.19 acres, more or lass, being SUBJECT TO the right -of --way of Salem Road along the East side thereof and also SUBIECTTO any easements; covenants or restrictions of record or fact. e lomme'" WW SN ffW)rFrtddiftoeel SWftkWITrnpmay filcmM FIIS%OLKf WpOon of AEelrad ![aloe pale 2 Clarice Pearman - Ord. 4842 and 4843 Page_ii From: Clarice Pearman To: Smith, Sondra Date: 3.10.06 5:29PM Subject: Ord. 4842 and 4843 Sondra, Attached are copies of the above ordinance passed by City Council, March 7, 2006. If anything else is needed please let me know. Thanks. Clarice NORTHWEST ARKANSAS EDITION AFFIDAVIT OF PUBLICATION I, Erin Emis, do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: flnh !mil(J) was inserted in the regular editions on aLe 1 -11 O .n� PO# " Publication Charge: $d)`�.Q5 Subscribed and sworn to before me this I day of L , 2006. L� Shariene D. Williams Notary Public Notary Public State of Arkansas My Commission Expires: My Commission Expires October 18, 2014 'i Please do not pay from Affidavit. An invoice will be sent. RECEIVED MAR222006 2 2006 CITY OF FAYtTrEVILLE C2t2LJ 7JI{ T AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 RECEIVED K4R 2 2 ZOOG Vrl'OFFAY.ETTEVILLL. cl'i(wCLSRKSlQFF,ICE ORDINANCE NO. 4843 TO ESTABLISH AND LAYOFF THE NO. 14 OF FAYETTEVILLE, ARKANSAS a Y e evi le EREAS, a Petition to establish Clearwood ARKANSAS sing Multi -Purpose Municipal Property Owners' ovement District 14 of Fayetteville, Arkansas has been filed with the Fayetteville City Clerk; and EREAS, the City Clerk has presented said petition to the Mayor; and EREAS, the Mayor has set March 7.2006 at 6:00 P.M. as the date and time far a hearing before :ayeueville City Council for consideration of the petition: and EREAS ; A.C.A. § 14-94-106 (b) (2) provides that if the governing body determines that all own - real property to be located in the district have petitioned for the Improvement, it shall then be uy by ordinance to establish the district as defined in the petition and to appoint the commis- irs named in the petition; and EREAS, the City Council has heard all of the parties desiring to be heard and has ascertained the Certification of the Abstractor that said petition was signed by all of the record owners of property in Me proposed District. r N, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FAYETTEVILLE, Section 1: That a municipal property owners' improvement district is hereby established and named 'Clearwood Crossing Multi -Purpose Municipal Property Owners' Improvement District 14 of Fayetteville. Arkansas, embracing the property In the City of Fayetteville, State of Arkansas, described in the EXHIBIT K. attached hereto and incorporated herein. Section 2: That the purposes for which the District is formed are the purchasing, accepting as a gift. constructing or maintaining facilities for waterworks, recreation, drainage, gas pipelines, under- ground trenches and excavations necessary far the Installation by public utilities or municipal utili- ties of electric and telephone distribution systems, sanitary sewers, streets and highways: including curbs and gutters, and sidewalks, together with facilities related to any of the foregoing, or far more than one of those purposes and doing all things reasonably incidental to the accomplishment of any of the foregoing; or doing all things now or hereinafter permitted under applicable law. section 3: That Rick Hancock. Randy Ratcliff, and Blake Miller are hereby appointed as commis - boners at the District, with all of the rights and duties afforded under the Act. Section 4: The District shall not cease to exist upon the acquisition, construction or completion of the ytanned improvements, but shall continue to exist for the purposes of operating; maintaining and preserving the remaining Improvements, replacing equipment, paying salaries and costs and per- rming any other functions or services authorized by law. Section 5: That the District may be dissolved by the commissioners of the District when its obliga- tions are paid and the ownership, operation and maintenance of the improvements, together with the appurtenances thereto, are assumed by a municipality or other responsible entity. PASSED and APPROVED this7th day of March. 2006.. APPROVED: ATTEST: E' .. By: DAN GOODY, Mayor SONORA SMITH, City CIMr • EXHIBITA SURVEY DESCRIPTION PROPOSED CLEARWOOD CROSSING SUBDIVISION 32; SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWN - H, RANGE 30 WEST; ALSO PART OF THE SOUTHWEST QUARTER OF THE SOUTH - :R OF SECTION 32. TOWNSHIP 17 NORTH, RANGE 30 WEST; ALSO PART OF THE IENCE SOUTH 87 DEGREES 37 MINUTES 41 SECONDS E 02 DEGREES 11 MINUTES 22 SECONDS WEST 210.00 FI 7 MINUTES 41 SECONDS EAST 360.02 FEET TO A FOUND IF ID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF 87 DEGREES 37 MINUTES 41 SECONDS WEST MINUTES 27 SECONDS EAST 366.00 FEET TO A ID SOUTHWEST QUARTER OF THE SOUTHWEST C TO THE RIGHT-OF-WAY OF SALEM ROAD ALONG THE EAST SIDE THEREOF ANI TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.