HomeMy WebLinkAboutOrdinance 4866 ORDINANCE NO. 4866
AN ORDINANCE TO ESTABLISH AND LAY OFF
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 15 — STONEBRIDGE
MEADOWS, PHASES 4 AND 5
WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement
District No. 15- Stonebridge Meadows, Phases 4 and 5 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 May 2, 2006, at 6:00 p.m. as the date and time for a
hearing before the Fayetteville City Council for consideration of said petition; and,
WHEREAS, the Fayetteville City Council has determined from an abstracter's certificate
of property ownership that those signing the petition constitute all the owners of the real property
to be located in the district; and,
WHEREAS, the Arkansas Municipal Property Owners' Improvement District Law
provides at Ark. Code Ann. Sec. 14-94- 106(b)(2) that if the governing body determines that all
the owners of the record title to the real property to be located in the district have petitioned for
the improvements, it shall then be its duty by ordinance to establish and lay off the district as
defined in the petition and to appoint the commissioners named in the petition.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That.the real property described in Exhibits "A" and "B" attached hereto
and made a part hereof is hereby established and laid- off as Fayetteville Municipal Property
Owners' Improvement District No. 15- Stonebridge Meadows, Phases 4 and 5 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 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.
Section 2: The following three individuals are hereby appointed as commissioners of
said improvement district: William N. Meadows, Jack E. Meadows and Susan M. Meadows.
Section 3 : The name of said improvement district shall be Fayetteville Municipal
Property Owners' Improvement District No. 15- Stonebridge Meadows, Phases 4 and 5 .
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.
` .���RKITREyS,,�,
PASSED and APPROVED this 2nd day of May, 2006. , `�
. , GST Y p
=U •
; FAYETTEVILLE ;
APPROVED: ATTEST:
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'�N'�`���.
By: By: �—�
DAN COOD , Mayor SONDRA SMITH, City Clerk
2
EXHIBIT "A"
Phase 4
THE FOLLOWING DESCRIBED PROPERTY IN WASHINGTON COUNTY, ARKANSAS:
A PART OF THE SW 1 /4 OF THE SW 1/4 OF SECTION 19, TOWNSHIP 16 NORTH,
RANGE 29 WEST; COMMENCING AT THE SOUTHWEST CORNER OF SAID SW 1 /4 OF
THE SW 1 /4, THENCE N89056110"E 1116. 15 FEET, THENCE NORTH 620.00 FEET TO
THE POINT OF BEGINNING, SAID POINT BEING ON THE EAST BOUNDARY OF
STONEBRIDGE MEADOWS PHASE 3; THENCE ALONG SAID EAST BOUNDARY
N00°00'00"W 501 .49 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF RIVER
MEADOWS DRIVE; THENCE ALONG SAID SOUTH RIGHT-OF-WAY S89°58' 14'E 59.96
FEET TO THE P.C. OF A CURVE TO THE RIGHT HAVING A RADIUS OF 75.00 FEET
AND A CHORD BEARING AND DISTANCE OF S45000'53 "E 106.09 FEET; THENCE
ALONG SAID CURVE AN ARC DISTANCE OF 117.85 FEET; THENCE SOUTH 1 .65 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY S89057'06"E 841 .44 FEET TO THE CENTER
OF CLEVELAND RAVINE; THENCE ALONG SAID CENTERLINE OF RAVINE
S00009'03"W 36.79 FEET, S19037132"E 36.79 FEET, S0104611411E 36.74 FEET, S310181511W
87.33 FEET, S25021106"W 147.48 FEET, S1803514911W 113 .07 FEET; THENCE LEAVING
SAID CENTERLINE OF RAVINE S89056'10'W 845.24 - - FEET TO THE POINT OF
BEGINNING, CONTAINING 9.24 ACRES, MORE OR LESS.
SUBJECT TO UTILITY EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
3
EXHIBIT "B"
Phase 5
THE FOLLOWING DESCRIBED PROPERTY IN WASHINGTON COUNTY, ARKANSAS:
A PART OF THE N1/2 OF THE SETA AND A PART OF THE SETA OF THE NEIA OF
SECTION 24, TOWNSHIP 16 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT THAT IS NORTH 1849.07 FEET AND WEST 1204.81 FEET
FROM THE SOUTHEAST CORNER OF THE SETA OF THE SETA OF SAID SECTION 24
AND RUNNING THENCE N5029'35"W 427.78 FEET; THENCE N4°31 ' 14"E 519.57 FEET;
THENCE N24040' 14"E 163 .32 FEET; THENCE S67°47'56"E 383 .63 FEET; THENCE
S80050'56"E 115.43 FEET; THENCE S50°56'49"E 87.06 FEET; THENCE S39020'45"E 299.29
FEET; THENCE S22034'29"E 407.51 FEET; THENCE S17°53'41 "E 435 .42 FEET; THENCE
S0028'09"E 112.72 FEET TO THE CENTERLINE OF THE GOFF FARM ROAD; THENCE
WESTERLY ALONG SAID CENTERLINE THE FOLLOWING: S86° 19'38"W 72.09 FEET,
S89048' 17"W 716.41 FEET, S88041136"W 495.5 FEET; THENCE LEAVING SAID
CENTERLINE AND RUNNING N35019'50"E 342. 18 FEET TO THE POINT OF
BEGINNING, CONTAINING 26.61 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS.
SUBJECT TO THE GOFF FARM ROAD RIGHT-OF-WAY ALONG THE SOUTH LINE AND
ANY OTHER EASEMENTS AND/OR RIGHT-OF-WAYS OF RECORD.
4
Arkansas Democrat (>�azette
KinT . .
Northwest Arkansas Times
Benton County Daily Record
P . O. BOX 1607
FAYETTEVILLE , AR 72702
PHONE : 479-571 -6415
AFFIDAVIT OF PUBLICATION
I , Maria Attaway, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication , the advertisement of:
Ordinance 4866
Was inserted in the Regular Editions:
May 12, 2006
Publication Charge: $268 . 28
Subscribed and( sworn to before me
This? day of 7 Y� , 2006 .
Notary Public
Sharlene D. Williams
Notary Public
My Commission Expires : State of Arkansas
My Commission Expires
October 18, 2014
**NOTE** Please do not pay from Affidavit.
Invoice will be sent.
RECEIVED
MAY 13 2006
CITY OF FAYMEVILLE
CITY CLERK'S OFFICE
ORDINANCE NO.AN ORDINANCE TO ESTABLISH AND LAY OFF
FAYETT9 EVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT N0. 15 - STONEBRIDGEMEADOWS, PHASES 4 AND 5 �C
WNEREAB, a Petition to form Fayetteville ARKANSAS ,
Municipal Property Owrrers' Improvement District
No. 15- Stonebridge Meatlpvs, Phases 4 and 5 has been filed with the Fayanevine'City Clerk; end
WNEREAB, the CLry Clerk has presented Mid Petition to the Mayor; and, ,
WNEREAB, the Mayor has set May 2, 2006, at 6:00 p.m. as the date entl time for a nearing before
the Fayettevilte City Council for consideration of said petition; and,WHEREAS, the Fayeaeville City COuncil has determined Irom an abstractWs certificate of propbr.
ty 0 ran ip that those signing Na petition constitute all the owners of the real property lobe locat.
ad in the tlistrict; and,
WHEREAS, the Arkansas Municipal Property Owners' Improvement District Law provides at AN,
Code Ann. Sec. 14. .1 Net if sh governing body determines that all the owners t the
recortl dile loins real property to 'b locatetl in the tlistrict have petitioned for the improvements, it
shall then be Its d by ordinance to establish and lay off the district as defined in the petition and
to appoint the commissioners named in the petition,
NOW, THEREFORE, BE R ORDAINED BY THE CRT COUNCIL OF FAYETTEVIILE,
ARKANSAS.-
Section
RKANSAS:Section 1: That the real property described in Exhibits *AR and 'B* attached hereto and made a pIn
herself is hereby established and laid off as Fayetteville Munlolpal Property Owners' Improvement
f1 District No. 15- Stonebridge Meadows, Phases 4 and 5 for the purpose of constructing, purchasirig;
aaepdng as a 91111 or maintaining facilities for waterworks, recreation, drainage, gas pipelines,
underground trenches and excevations necessary for the Installallon by public utilities a municipal
utilities of electric and telephone distribution systems, sanitary sewers, streets and highways includ.
ing curbs and gutters, and sidewalks, together with facilities related to any of the foregoing, or for
more than one of those purposes.
Section Z. The following thin individuals are hereby appointed as commissioners of said Improve-
=101"`3
ent 1"`3 Tl: William N. Meadows. Jack E. Meadows and Susan M. Meadows.
Sectio3: The name Of said Improvement district shall be Fayetteville Municipal Property Owners'
Improvement District No. 15- Stonebridge Meadows, Phases 4 and 5.
Section 4: The district shall not cease to exist upon the acquiring, conshucting a Impletion o/ the
improvements, but it shall continue to exist for Me purpose of preserving, maintaining, and operat-
ing the inprovements, replacing equipment, Paying salaries to empkryees, and performing any other
functions Of services authorized In Ark. Cade Ann., Tide 14, Chapter 94.
PASSED and APPROVED this 2nd day of May. 2006,
APPROVED: ATTEST:
By: BY:
DAN COOOY, Mr yor $ONDRA SMITH, CNy ClW*
r
EXHIBIT 'A'
Phase 4
THE FOLLOWING DESCRIBED PROPERTY IN WASHINGTON COUNTY,, ARKANSAS:
A PART OF THE SW 1/4 OF THE SW 1/4 OF SECTION 191 TOWNSHIP 16 NORTH, RANGE 29 WEST;
COMMENCING AT THE SOUTHWEST CORNER OF SAID SW 114 OF THE SW 1/4, THENCE
- N89056'10'E 1116.15 FEE[ THENCE NORTH 620.00 FEET TO THE POINT OF BEGINNING. SAID
POINT BEING ON THE EAST BOUNDARY OF STONEBRIDGE MEADOWS PHASE 3; THENCE
ALONG SAID EAST BOUNDARY N00400'009V 501.49 FEET TO A POINT ON THE SOUTH RIGHT-
OF-WAY OF RIVER MEADOWS DRIVE; THENCE ALONG SAID SOUTH RIGHTOF-WAY S89°58'14'E
59.96 FEET TO THE P.C. OF A CURVE TO THE RIGHT HAVING A RADIUS OF 75.00 FEET ANP A
CHORD BEARING AND DISTANCE OF S45%0'530E 10609 FEET; THENCE ALONG SAID CURVE
AN ARC DISTANCE OF 117.85 FEET; THENCE SOUTH 1.65 FEET; THENCE LEAVING SAID RIGHT
OF-WAY S89057'06'E 841.44 FEET TO THE CENTER OF CLEVELAND RAVINE; THENCE ALONG
SAID CENTERLINE OF RAVINE SDO°09'03W 36.79 FEET, S19°3T37E 36,78 FEET, S010E ALONG
36.74 FEET. S31018'SIW 87.33 FEET, S25°21'O6W 147.48 FEET, S18035.49V 113.07 FEED
THENCE LEAVING SAID CENTERLINE OF RAVINE S89°56'10W 845.24 FEET TO THE POINT OF
BEGINNING, CONTAINING 9.24 ACRES, MORE OR LESS. ..
o SUBJECT TO UTILITY EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
EXHIBIT 'am
Phase 5
THE FOLLOWING DESCRIBED PROPERTY IN WASHINGTON COUNTY, ARKANSAS:
A PART OF THE N1/2 OF THE SE1/4 AN
TLOWS: O A PART OF THE SE7/4 OF THE NE7/4 OF SECTION 24,
TOWNSHIP 16 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FQL-
I BEGINNING ATA POINT THAT IS NORTH 1849.07 FEET AND WEST 1204,81 FEET FROM THE
THENCE N5 CORNER OF THE SEI/4 OF THE SETA OF SAID SECTION 24 AND RUNNING
I THENCE N50 35.W 427,78 FEET; THENCE N4031'14-E 519.57 FEET; THENCE N24040'14'E
163.32 FEET.' THENCE S67047560E 383.63 FEET' THENCE S80°SD'56'E 115.43 FEET; THENCE 1
1 S50°56'49'E ST . FEET; THENCE S39020'450E 299.29 FEET; THENCE S22`34'29'E 407.51 FEE[
THENCE S17°53'41'E 435.42 FEET,' THENCE SO°28'090E 112.72 FEET TO THE CENTERLINE OF
THE GOFF FARM ROAD; THENCE WESTERLY ALONG SAID CENTERLINE THE FOLLOWING:
S86°19'38NV 72.09 FEET, S89°48'17'W 716.41 FEET, S88041'36'W 495.5 FELL'; THENCE LEAVING
SAID CENTERLINE AND RUNNING N35°19'500E 34218 FEET TO THE PoI ; T E BEGINNING,
CONTAINING 26.61 ACRESARKANSAS , MORE OR LESS, CITY OF FA TO
WASHINGTON COUNTY,
SUBJECT TO THE GOFF FARM ROAD RIGHT-OF-WAY ALONG THE SOUTH LINE AND ANY OTHER RECEIVED
tl ` ®
EASEMENTS AND/OR RIGHT-OF-WAYS OF RECORD.
_ MAT 16 2004i
CITY OF FAYETTEVILU
CITY CLERK'S OFFICV.
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 15 — STONEBRIDGE MEADOWS, PHASES 4 AND 5
COMMISSIONER' S OATH OF OFFICE
11 JACK E. MEADOWS, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL
PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 15— STONEBRIDGE
MEADOWS, PHASES 4 AND 5 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.
JACK E. MEADOWS
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
On this the * - day of May, 2006, before me, the undersigned
notary public, personally appeared Jack E. Meadows, 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 �t my hand and ffic' 1 seal.
NOTARY PUB IC
SEAL
CAROLYN A. GRIGGS
Notary Public - Notary Seal
STATE OF ARKANSAS
wasNngton co,mty
My Qmdsslm E>rpkw Apr.C 2
RECEIVED
MAY 0 5 2m
CIN OF Fav TrEVILLE.
CITY CLERK'S OFFICE
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 15 — STONEBRIDGE MEADOWS, PHASES 4 AND 5
COMMISSIONER'S OATH OF OFFICE
1, SUSAN M. MEADOWS, A COMMISSIONER OF FAYETTTEVILLE
MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 15—
STONEBRIDGE MEADOWS, PHASES 4 AND 5 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.
SUSAN M. MEADOWS
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
On this the S" `- day of May, 2006, before me, the undersigned
notary public, personally appeared Susan M. Meadows, 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 at my hand and offi 'al seal.
NOTARY POELIC On
SEAL CAROLYN A GRIGGS
Notary Public • Notary Seal
STATE OF ARKANSAS
Washington County
My Commission Expires: Apr. 6, 2009
RECEIVED
MAY 0 5 2006
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
FAYETTEVILLE MUNICIPAL; PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 15 — STONEBRIDGE MEADOWS, PHASES 4 ANDS
COMMISSIONER'S OATH OF OFFICE
I, WILLILAM N. MEADOWS, A COMMISSIONER OF FAYETTTEVILLE
MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 15—
STONEBRIDGE MEADOWS, PHASES 4 AND 5 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.
WILLIAM N. MEADOWS
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
On this the � day of May, 2006, before me, the undersigned
notary public, personally appeared William N. Meadows, 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 hereunt et my hand and offici seal.
NOTARY PU LIC
SEAL
CAROLYN A. GRIGGS
Notary Public • Notary Seal
STATE OF ARKANSAS
Washington County
My Commission Eores:Apr. 6, 2009
RECEe\JEC
MAY 0 5 2006
CHITTY CLERK'S OFFICE
City of Fayetteville 51/6164
Staff Review Form
City Council Agenda Items �p �j!/ d��
or /� / I
Contracts
�Po�Q
May 2, 2006
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. 15 - Stonebridge
Meadows, Phase 4 and 5. 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 James N. 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 #
Department Director Date Original Contract Date:
Original Contract Number:
L - Jy _ 06
City Attorney Date
Received in City C rk's O e
'((/� l� Q�iERED
Finance Ad Internal Service Director Date
Received in Mayor's Office
M/or Date
Comments:
aye evl SE� EIVE® 113 West Mountain
ARKANSAS APR 11 2006 Fayetteville, AR 72701
n of FAYETTEVILLE Telephone: (479) 575-8323
Ct
MAYOKS OFFICE Fax: (479) 718-7695
city_cierk@ci.fayetteville.ar.us
City Clerk/Treasurer Division
April 17, 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. 15
Stonebridge Meadows, Phase 4 and 5
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. 15 — Stonebridge Meadows, Phase 4 and 5 has been filed in the office of the
Fayetteville City Clerk. Pursuant to Ark. Code Ann. See. 14-94-106 (a)(1 ), I hereby
present you with the Petition.
Sincerely,
tgoaa .-- �Qn
Sondra Smith
City Clerk/Treasurer
cc: Kit Williams, City Attorney
James N. McCord
� JAMES N. McCORD RECEIVED
,4ttornq at Law
11 N . WEST AVE. APR 14 206
SUITE #202 CITY OF FAYET7EVILLE
FAYETTEVILLE, ARKANSAS 72701 CITY CLERK'S OFFICE
TELEPHONE (479) 695-1134
FACSIMLE (479) 695-1135
iimmccordlawAalltel.net
April 14, 2006
Sondra Smith VIA HAND DELIVERY
Fayetteville City Clerk
City Administration Building
113 West Mountain Street
Fayetteville, AR 72701
Re: Petition to Form Fayetteville Municipal Property Owners' Improvement
District No. 15- Stonebridge Meadows, Phases 4 and 5
Dear Ms. Smith:
Enclosed for filing in the office of the Fayetteville City Clerk are four executed
counterparts of a Petition to Form Fayetteville Municipal Property Owners' Improvement
District No. 15- Stonebridge Meadows, Phases 4 and 5. Please file mark each Petition,
retain one for the City's permanent file, one for presentation to the Mayor, and return the
other counterparts to me. The Petition is being filed under the Arkansas Municipal
Property Owners' Improvement District law, Ark. Code Ann. Sec. 14-94-101 et seq.
Ark. Code Ann. Sec. 14-94-106 provides:
(a)(1) Upon the filing of the petition with the clerk, it shall be the
duty of the clerk to present the petition to the mayor.
(2) The mayor shall thereupon set a date and time not later than
fifteen (15) days after the date of the presentation of the
petition to the mayor, for a hearing before the governing body
for consideration of the petition.
(b)(1 ) At the hearing, it shall be the duty of the governing body to hear
the petition and to ascertain whether those signing the petition
constitute all the owners of the real property to be located in the
district.
