HomeMy WebLinkAboutOrdinance 4897 r'
ORDINANCE NO, 4897
AN ORDINANCE TO ESTABLISH AND LAY OFF
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 16 — WELLSPRING
WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement
District No. 16 — Wellspring 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 July 18,' 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 the petition and 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. § 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 Exhibit "A" attached hereto and made a
part hereof is hereby established and laid off as Fayetteville Municipal Property Owners'
Improvement District No. 16 — Wellspring 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.
r �
Section 2 : The following three individuals are hereby appointed as commissioners of
said improvement district: Brandon Barber, Seth Kaffka and Brandon Rains.
Section 3 : The name of said improvement district shall be Fayetteville Municipal
Property Owners' Improvement District No. 16 — Wellspring.
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 18th day of July, 2006. �r\�Fi1VTR '
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: FAYETTEVILLE *
APPROVED- ATTEST:
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l \ !NG 'oNtto j1�p���.
By: By:, /Ylnxvr✓
DAN COODY, Mayor SONDRA SMITH, City Clerk
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Fayetteville Municipal Property Owners'
Improvement District No. 16 - Wellspring
Exhibit A
SURVEY DESCRIPTION:
A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6,
TOWNSHIP 16 NORTH, RANGE 30 WEST, AND A PART OF THE SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 1 , TOWNSHIP 16 NORTH, RANGE 31 WEST,
AND A PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 7,
TOWNSHIP 16 NORTH, RANGE 30 WEST, AND A PART OF THE EAST HALF OF THE
NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, ALL IN
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S87°42'05"E 617.60' AND
NO3003'08"E 102.59' FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 7 AND RUNNING THENCE
S87003'27"E 93 .41 ' TO A SET IRON PIN , THENCE NO2040105"E 1716.06' TO A FOUND IRON
PIN, THENCE NO2040'00"E 2143 .06' TO A FOUND IRON PIN, THENCE N8704614211W 715 .35'
TO A FOUND IRON PIN, LOCATED AT THE NORTHWEST CORNER OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 7, THENCE NO202795611E
46.74' TO A FOUND IRON PIN, LOCATED AT THE NORTHEAST CORNER OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 1 , THENCE
N86058'50"W 751 .69' TO THE CENTERLINE OF RUPPLE ROAD, THENCE ALONG SAID
CENTERLINE S20020'50"W 44.46'; S14° 10'34"W 65 . 18'; S09° 16'42"W 44.03'; S06°40'25"W
54.50'; S05° 18'51 " W 54.60'; SO4°54'39" W 54.72'; SO405712"W 59.85'; S07° 17'28"W 55 .76;
S13038' 10"W 52.31 '; S23°24'21 "W 49.39'; S32° 18'04"W 47.75'; S36°38' 10"W 37.75'; S40°31 '2VW
59. 19'; S44°51 ' 16"W 60.06'; S46°48'24"W 67.32'; S44°39' 19"W 56.83'; S39°09'37"W 55 .03';
S30055' 13"W 66.99'; S24°56'32"W 57.82'; S22°38' 12'.W 58.87'; S22°23'40"W 54.61 '; S22°23'30"W
58.25; S23°21 '56"W 55 .44; S27°27'36"W 58. 17; S31 °39' 13"W 58.36; S31 °28'21 "W 57.48;
S21021 '38"W 54.39; S09°23'27"W 60.29 SO2°47' 11 "W 51 .61 ; S01 °55'43 "W 51 .38; S02°08'4VW
57. 15'; S02°26'03"W 49.97'; S02°30'26"W 51 .03'; S02049'34"W 51 .91 '; S02°57'05"W 54.52';
S02054'57"W 52.461; S02°50'56"W 55. 16; S02°43'15 "W 48.89'; S02°33'25 "W 54.35'; S02°31 '07"W
51 .57; S02025'23 "W 56.41 '; S02° 19'43 "W 50.93'; S02°27'09"W 38.77; S02034' 15"W 44.03';
S03012'55 "W 52. 16'; S02°57' 10"W 49.78'; S02033154"W 51 .59'; S02057'20"W 63 .38'; S03010'04"W
52.97'; S02°59'07"W 52.35'; S02°31 '09"W 51 . 19; S03012' 19"W 54.91 '; S02013' 15 "W 33 . 15';
S02014'57"W 49.48'; S02°42'49"W 48.61 '; S02037' 18"W 50.94'; S02042'26"W 49.47; S02° 18' 12"W
48.56'; S02045' 16"W 52.85'; S02038'45 "W 52.94'; S02°54'55"W 41 .80'; S02°54'55"W 360.64';
THENCE LEAVING SAID CENTERLINE S87030'27"E 629.81 ' TO A CORNER POST, THENCE
S03009'47W 7.60' TO A SET IRON PIN, THENCE S86050113"E 1088.84' ; THENCE S03°03'08"W
434.541 ; THENCE ALONG SAID RIGHT-OF-WAY S87°02' 59"E 209.22' TO THE POINT OF
BEGINNING, CONTAINING 152.23 ACRES MORE OR LESS. SUBJECT TO EASEMENTS
AND RIGHTS-OF-WAY OF RECORD.
City of Fayetteville M77
Staff Review Form
City Council Agenda Items wQ ll�Jrl n5
or pyt �-
Contracts
July 17AB6' S�1
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. Wellspring . . 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.
NIA NIA N/A
Cost of this request Category / Project Budget Program Category / Project Name
NIA NIA N/A
Account Number Funds Used to Date Program / Project Category Name
NIA NIA NIA
Project Number Remaining Balance Fund Name
Budgeted Item N!A Budget Adjustment Attached NIA
A� / AAL Previous Ordinance or Resolution #
Dep rtment Director ��� 1i) / Dae Original Contract Date:
r_ _ Original Contract Number:
City A torney Date
n �j/) / Received in 's Office
7//C45CD/ 1Su /O EN D
Fingncd and Internal Service Directo D
Received in Mayor's Office
c7 � D �
M yor ate
Comments:
JAMES N. McCORD
AtwmFy at taw
11 N. WEST AVE.
SUITE #202
FAYETTEVILLE, ARKANSAS 72701
TELEPHONE (479) 695-1134
FACSIMLE (479) 695-1135
iimmccordlaw &alltel.net
July 11 , 2006
Sondra Smith VIA HAND DELIVERY
Fayetteville City Clerk
City Administration Building
113 W. Mountain
Fayetteville, AR 727- 1
Re: Petition to Form Fayetteville Municipal Property Owners' Improvement
District No. lb- Wellspring
Dear Ms. Smith:
On September 15, 2005, I filed in your office a Petition to Form Fayetteville
Municipal Property Owners' Improvement District No. 10- Wellspring, along with
supporting documents. I am counsel to the petitioners. The petition and supporting
documents were withdrawn by my letter to you dated September 23, 2005. On July 7,
20061 I filed a new Petition to Form Fayetteville Municipal Property Owners'
Improvement District No. 10- Wellspring and supporting documents. You have advised
me that the number for the improvement district should now be " 16", instead of" 10". We
have agreed that I will change, by hand notation, the number on the Petition and
Abstracter's Certificate filed in your office.
Thank you for your assistance.
Sincerely, _ o
es N. McCord
pc: Brandon Barber
Kit Williams, City Attorney
RECEIVED
JUL 11 2006
CITY OF FAYETTEVILL,
CITY CLERK'S OFFIC[
JAMES N. McCORD
Attorney at Lau,
11 N . WEST AVE.
SUITE #202
FAYETTEVILLE, ARKANSAS 72701
TELEPHONE (479) 695-1134
FACSIMLE (479) 695-1135
L mccordlawCD.alltel. net
July 7, 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. *- Wellspring
Dear Ms. Smith:
Enclosed for filing in the office of the Fayetteville City Clerk are three executed
counterparts of a Petition to Form Fayetteville Municipal Property Owners' Improvement
District No. lb- Wellspring. Please file mark each Petition, retain one for the City's
permanent file, one for presentation to the Mayor, and return the other counterpart 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.
RECEIVED
JUL 0 7 2005
CITY OF FAYETrEVILLL
CITY CLERICS OFFICE
(2) If the governing body determines that all the owners of the real
to be located in the district have petitioned for the improvements,
it shall 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.
ass
(c) The ordinance establishing the district shall be published within
thirty (30) days after its adoption by one (1) insertion in some
newspaper of general circulation in the municipality in which
the district lies.
Enclosed is a form the Mayor may use to give the City Council notice of the date
and time of the hearing on the Petition. Also enclosed is an executed Abstracter's
Certificate certifying that the improvement district petition is signed by the owners of the
record title to all the real property described in the Petition. I have drafted and enclose an
ordinance which would establish the district and name the commissioners.
Formation of a municipal property owners' improvement district is merely a
financing alternative for the cost of subdivision infrastructure. The improvement district
issues special assessment bonds, bond proceeds are used to construct or purchase the
improvements, the district levies an annual tax on each lot in the district to pay debt
service on the bonds, the annual taxes are collected by the county tax collector and paid
to the bond trustee, and the trustee makes debt service payments to the bondholders. The
developer must comply with all city development ordinances.
Wellspring subdivision is proposed for 152.23 acres located on the east side of
Rupple Road north of Wedington Drive.
Should there be any questions, please contact me.
Sincerely,
ames N. McCord
pc: Kit Williams, City Attorney
TO: Fayetteville City Council
FROM: Mayor Dan Coody
DATE: July _, 2006
RE: Petition to Form Fayetteville Municipal Property Owners'
Improvement District No. 1b — Wellspring
Pursuant to Ark. Code Ann. Sec. 14-94-106(a)(2), I hereby set Tuesday, July,
18, 2006, at 6:00 p.m. as the date and time for a hearing before the Fayetteville
City Council for consideration of the Petition to Form Fayetteville Municipal
Property Owners' Improvement District No. 16 — Wellspring.
Ark. Code Ann. Sec. 14-94-106(b)( 1 ) provides that, 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. Ark. code Ann. 814-94-106(b)(2)(A) provides that if the governing
body determines that all the owners of the real property to be located in the
district have petitioned for the improvements, it shall be its duty by ordinance to
establish and layoff the district as defined in the petition and to appoint the
commissioners named in the petition.
cc: Kit Williams, City Attorney
James N. McCord
ORDINANCE NO.
AN ORDINANCE TO ESTABLISH AND LAY OFF
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 16 — WELLSPRING
WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement
District No. 16 — Wellspring 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 July 18, 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 the petition and 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. § 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 Exhibit "A" attached hereto and made a
part hereof is hereby established and laid off as Fayetteville Municipal Property Owners'
Improvement District No. 16 — Wellspring 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: Brandon Barber, Seth Kaffka and Brandon Rains.
Section 3 : The name of said improvement district shall be Fayetteville Municipal
Property Owners' Improvement District No. 16 — Wellspring.
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 15` day of August, 2006.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
Fayetteville Municipal Property Owners '
Improvement District No. 16 - Wellspring
Exhibit A
SURVEY DESCRIPTION:
A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6,
TOWNSHIP 16 NORTH, RANGE 30 WEST, AND A PART OF THE SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION I , TOWNSHIP 16 NORTH, RANGE 31 WEST,
AND A PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 7,
TOWNSHIP 16 NORTH, RANGE 30 WEST, AND A PART OF THE EAST HALF OF THE
NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, ALL IN
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S87°42'05 "E 617.60' AND
NO3003'08"E 102.59' FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 7 AND RUNNING THENCE
S87003'27"E 93 .41 ' TO A SET IRON PIN, THENCE NO20401051PE 1716.06' TO A FOUND IRON
PIN, THENCE NO2040'00"E 2143 .06' TO A FOUND IRON PIN, THENCE N8704614211W 715.35'
TO A FOUND IRON PIN, LOCATED AT THE NORTHWEST CORNER OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 7, THENCE NO2027156"E
46.74' TO A FOUND IRON PIN, LOCATED AT THE NORTHEAST CORNER OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 1 , THENCE
N86058'50"W 751 .69' TO THE CENTERLINE OF RUPPLE ROAD, THENCE ALONG SAID
CENTERLINE S20020'50"W 44.46; S14010'34"W 65. 18; S09° 16'42"W 44.03; S06°40'25 "W
54.50'; S05018'51 " W 54.60; SO4054'39" W 54.72'; SO4057' 12"W 59.85'; S07° 17'28"W 55.76;
S13038'10"W 52.31 ; S23°24'21 "W 49.39; S32° 18'04"W 47.75; S36038' 10"W 37.75; S40°3I '2VW
59. 19; S44°51 '16"W 60.06; S46048'24"W 67.32; S44039'19"W 56.83; S39°09'37"W 55.03;
S30055'13"W 66.99; S24°56'32"W 57.82'; S22°38'12"W 58.87; S22°23'40"W 54.61 % S22°23'30"W
58.25; S23°21 '56"W 55 .44; S27°27'36"W 58. 17; S31 °39' 13"W 58.36; S31 °28'21 "W 57.48;
S21021 '38"W 54.39; S09°23'27"W 60.29'; SO2°47' 11 "W 51 .61 '; S0I °55'43"W 51 .38'; S02°08'4VW
57. 15'; S02026'03"W 49.97'; S02°30'26"W 51 .03'; S02°49'34"W 51 .91 % S02°57'05"W 54.52';
S02054'57W 52.46'; S02°50'56"W 55 . 16; S02°43' 15 "W 48.89; S02°33'25 "W 54.35; S02°31 '07"W
51 .57; S02°25'23 "W 56.41 '; S02° 19'43"W 50.93; S02027'09"W 38.77; S02°34' 15"W 44.03;
S03012'55"W 52. 16; S02057'10"W 49.78; S02033'54"W 51 .59'; S02°57'20"W 63.38'; S03° 10'04"W
52.97; S02059'07"W 52.35'; S02°31 '09"W 51 . 19'; S03° 12'19"W 54.91 '; S02013'15"W 33. 15;
S02014'57"W 49.48; S02°42'49"W 48.61 ; S02°37' 18"W 50.94; S02°42'26"W 49.47; S02°18' 12"W
48.56; S02°45' 16"W 52.85'; S02°38'45"W 52.94; S02°54'55"W 41 .80'; S02°54'55 "W 360.64;
THENCE LEAVING SAID CENTERLINE S87030'27"E 629.81 ' TO A CORNER POST, THENCE
S03009'47"W 7.60' TO A SET IRON PIN, THENCE S86°50' 13 "E 1088.84' ; THENCE S03003'08"W
434.54' ; THENCE ALONG SAID RIGHT-OF-WAY S87°02' 59"E 209.22' TO THE POINT OF
BEGINNING, CONTAINING 152.23 ACRES MORE OR LESS. SUBJECT TO EASEMENTS
AND RIGHTS-OF-WAY OF RECORD.
i
3
j
NOTICE
YOUR SIGNATURE HEREON SHOWS THAT
YOU i FAVOR THE ESTABLISHMENT OF AN
IMPROVEMENT 'DISTRICT . IF THE DISTRICT
IS 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'
IMPROVETJ ENT DISTRICT NO. 11& WELLSPRING
For their petition to foga Fayetteville Municipal Property Owners' Improvement
District No. 10- Wellspring, the undersigned petitioners state:
1 . . Petitioners are theirecord 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 Clerks 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 hereo be established and laid off into a municipal property
owners' improvement districtl 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, drain4ge, gas pipelines, underground trenches and excavations
necessary for the installation by public utilities or municipal utilities of electric and
RECEIVE_ ®
JUL 07 2njs
CRY OF FAYETTEMuA
CRY CLERK'S 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 ofthe 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 a9 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. 1e- Wellspring.
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. 1B- Wellspring for the purpose of
i
constructing, purchasing, accepting as a gift or maintaining facilities for waterworks
fecreation, drainage, gas pipelines, underground trenches and excavations necessary for
the installation by public utilities or municipal utilities of electricity and telephone
distribution systems, sanitarylsewers, 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 J'C% day of June, 2006.
CB Ventures, LLC
An A�Jcans invited liabilit mpany
By:
Brandon Barber, authorized member
Fayetteville Municipal Property Owners'
Improvement District No. 16- Wellspring
Exhibit -A
A
A PART OF THE SOUTHWEST Q
TOWNSHIP 16 NORTH, RANGE:
] HE SOUTHEAST QUARTER OF
PART OF THE WEST HALF OF T
NORTH, RANGE 30 WEST, AND
OF SECTION 12, TOWNSHIP 161
ARKANSAS, BEING MORE PAR'
AT A POINT WHICH IS S87°42'0`
CORNER OF THE SOUTHWEST
7y AND RUNNING THENCE S87°(
TO A FOUND IRON PIN, THENC
N87°46'42"W 715.35' TO A FOUN.
SOUTHWEST QUARTER OF THI
NO2°27'56"E 46.74' TO A FOUND
SOUTHEAST QUARTER OF THE
N86°58'50"W 751.69TO THE CET
CENTERLINE S20°20'50"W 44.46
505°18'51"W 54.60', SO4°54'39"W
S23°24'21"W 49.39', S32°18'04"W
60.06, S46°48'24"W 67.32', S44°39
$24°56'32"W 57.82', S22°38'12"W
S27°27'36"W 58.17', S31°39'13"W
802°47'11"W 51.61', S01°55'43"W
51.03', S02°49'34"W 51.91', S02°57
S02°43'15"W 48.89', S02°33'25"W
50.93', S02°27'09"W 38.7T, S02°34
51.59', S02°5T20"W 63.38', 503°F
S03°12'19"W 54.91', S02°13'15"W
50.94', S02°42'26"W 49.47', S02°18
S,02°54'55"W 41.80', S02°54'55"W
629.81' TO A CORNER POST, TH
S86°50'13"E 1088.84', THENCE S(
S87°02'59"E 209.22' TO THE POE
I. ESS. SUBJECT TO EASEMENT;
JARTER OF THE SOUTHWEST QUARTER OF SECTION 6,
D WEST, AND A PART OF THE SOUTHEAST QUARTER OF
SECTION 1, TOWNSHIP 16 NORTH, RANGE 31 WEST, AND A
IF NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 16
k PART OF THE EAST HALF OF THE NORTHEAST QUARTER
ORTH, RANGE 31 WEST, ALL IN WASHINGTON COUNTY,
ICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING
'E 617.60' AND NO3°03'08"E 102.59' FROM THE SOUTHWEST
)UARTER OF THE NORTHWEST QUARTER OF SAID SECTION
3'27"E 93.41' TO A SET IRON PIN, THENCE NO2°40'05"E 1716.06'
NO2°40'00"E 2143.06' TO A FOUND IRON PIN, THENCE
IRON PIN, LOCATED AT THE NORTHWEST CORNER OF THE
SOUTHWEST QUARTER OF SAID SECTION 7, THENCE
RON PIN, LOCATED AT THE NORTHEAST CORNER OF THE
SOUTHEAST QUARTER OF SAID SECTION 1, THENCE
TERLINE OF RUPPLE ROAD, THENCE ALONG SAID
S14°10'34"W 65.18', S09°16'42"W 44.03', S06°40'25"W 54.50',
4.72', SO4°57'12"W 59.85', S07°17'28"W 55.76', S13°38'10"W 52.31',
7.75', S36°38'10"W 37.75', S40°31'21"W 59.19', S44°51'16"W
19"W 56.83', S39°09'37"W 55.03', S30°55'13"W 66.99',
8.87', S22°23'40"W 54.61', S22°23'30"W 58.25', S23°21'56"W 55.44',
8.36', S31°28'21"W 57.48', S21°21'38"W 54.39', S09°23'27"W 60.29,
51.38', S02°08'41"W 57.15', S02°26'03"W 49.97', S02°30'26W
)5"W 54.52', S02°54'57"W 52.46', S02°50'56"W 55.16',
4.35', S02°31'07"W 51.57', S02°25'23"W 56.41', S02°19'43"W
15"W 44.03', S03°12'55"W 52.16', S02°57'10"W 49.78', S02°33'54"W
04"W 52.97', S02°59'07"W 52.35', S02°31'09"W 51.19',
3.15', S02°14'57"W 49.48', S02°42'49"W 48.61', 802°37'18"W
12"W 48.56', S02°45'16"W 52.85', S02°38'45"W 52.94',
60.64', THENCE LEAVING SAID CENTERLINE S87°30'27"E
?NCE S03°09'47"W 7.60' TO A SET IRON PIN, THENCE
3°03'08"W 434,54', THENCE ALONG SAID RIGHT-OF-WAY
IT OF BEGINNING, CONTAINING 152.23 ACRES MORE OR
AND RIGHTS -OF -WAY OF RECORD.
BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS
I
PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
MPROVEMENT DISTRICIfF NO. A. WELLSPRING
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
meal property described in Exhibit "Ato the Petition to Form Fayetteville
t
Municipal Property Ownels' Improvement District No. 16 — Wellspring, a copy of
which Exhibit "A" is attach4d hereto and made a part hereof:
CB Ventures, LLC, lBrandon Barber, Seth Kaffka and Brandon Rains
DATED thisd'ay of Ul c _.1 , 2006.
Blue Star Title of Arkansas, Inc.
By: Nax \( . I bC nc n
AUT REPRESENTATIVE
RECEIVED
JUL 0 i 2n
Fayet6ville Municipal Property Owners'
Improvement District No. 16- Wellspring
Exhibit - A
ART OF THE'SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6,
WNSHIP 16 NORTH, RANGE 3 I WEST, AND A PART OF THE SOUTHEAST QUARTER OF
SOUTHEAST QUARTER OF ECTION 1, TOWNSHIP 16 NORTH, RANGE 31 WEST, AND A
CF OF THE WEST HALF OF Tfl NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 16
RTH, RANGE 30 WEST, AND ] PART OF THE EAST HALF OF THE NORTHEAST QUARTER
SECTION 12, TOWNSHIP 16 I4ORTH, RANGE 31 WEST, ALL IN WASHINGTON COUNTY,
KANSAS, BEING MORE PAR ICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING
A POINT WHICH IS S87°42'05' 617.60' AND N03°03'08"E 102.59' FROM THE SOUTHWEST
RNER OF THE SOUTHWEST IJARTER OF THE NORTHWEST QUARTER OF SAID SECTION
ND RUNNING THENCE S87°013IiI27"E 93.41' TO A SET IRON PIN, THENCE N02°40'05"E 1716.06'
A FOUND IRON PIN, THENCd 1V02°40'00"E 2143.06' TO A FOUND IRON PIN, THENCE
T°46'42"W 715.35' TO A FOUND IRON PIN, LOCATED AT THE NORTHWEST CORNER OF THE
JTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 7, THENCE
j°27'56"E 46.74' TO A FOUND 1RON PIN, LOCATED AT THE NORTHEAST CORNER OF THE
JTHEAST QUARTER OF THE-JSOUTHEAST QUARTER OF SAID SECTION 1, THENCE
°58'50W 751.69TO THE CEFIIERLINE OF RUPPLE ROAD, THENCE ALONG SAID
VTERLINE S20°20'50"W 44.46'1 S14°10'34"W 65.18', S09°16'42"W 44.03', S06°40'25"W 54.50',
°18'51"W 54.60', S04°54'39"W 4.72', S04°57'12"W 59.85', S07°17'28"W 55.76', S13°38'10"W 52.31',
°24'21"W 49,39', S32°18'04"W 1.75', S36°38'10"W 37.75', S40°31'21"W 59.19', S44°51'16"W
)G', S46°48'24"W 67.32', S44°39'11,9 "W 56.83', S39°09'37"W 55.03', S30°55'13"W 66.99',
°56'321W 57.82', S22°38'12"W 58.87', S22°23'40"W 54.61', S22°23'30"W 58.25', S23°21'56"W 55.44',
°27'36"W 58,17', S31°39'13"W 59.36, S31°28'21"W 57.48', S21°21'38"W 54.39', S09°23'27"W 60.29',
°47'11"W 51.61', 501055431WM.38, S02°08'41"W 57.15', S02°26'03"W 49.97', S02°30'26"W
)3', S02°49'34"W 51.91', S02°5705 "W 54.52', S02°54'57"W 52.46', S02°50'56"W 55.16',
°43'15"W 4889', S02°33'25"W $4.35', S02°31'07"W 51.57', S02°25'23"W 56.41', S02°19'43"W
)3', S02°27'09"W 38.77', S02°3415"W 44.03', S03°12'55"W 52.16', S02°57'10"W 49.78', S02°33'54"W
i9', 502°57'20"w63 38� S03°I '64"W 52.97', S02°59'07"W 52.35', S02°31'09"W 51.19',
°12'19"W 54.91', S02°1315"W 3.15', S02°14'57"W 49.48', S02°42'49"W 48.61', S02°37'18"W
)4', 502°42'26"W.49 47', S02°18112"W 48.56', S02°45'16"W 52.85', S02°38'45"W 52.94',
°54'55'W 41.80', S02°54'55"W d0.64', THENCE LEAVING SAID CENTERLINE S87°30'27"E
.81' TO A CORNER POST, *CE S03°09'47"W 7.60' TO A SET IRON PIN, THENCE
°50'13'E 1088.84', THENCE S r 03'08"W 434.54', THENCE ALONG SAID RIGHT-OF-WAY
°02'59;'E 209.22' TO THE POINT OF BEGINNING, CONTAINING 152.23 ACRES MORE OR
>S. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
%a m
NOTICE
YOUR SIGNATURE HEREON SHOWS THAT
YOU FAVOR THE ESTABLISHMENT OF AN
IMPROVEMENT DISTRICT. IF THE DISTRICT
IS FORMED, YOU MAY BE CHARGED FOR•
THE COSTS OF THE IMPROVEMENTS.
BEFORE THE CITY COUNCIL OF. FAYETTEVILLE, ARKANSAS
PETITION TO FORM FAYETTEVIILE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 16- WELLSPRING
For their petition to form Fayetteville Municipal Property Owners' Improvement
District No. 10- Wellspring, the undersigned petitioners state:
1. Petitioners are theirecord 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
JUL 0 7 20CS
UUUYOFFAYEtTEVILLL
ONCLERRIC$ 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. 16- Wellspring.
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. 1& Wellspring 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, sanitarylsewers, streets including curbs and gutters, and sidewalks,
together with facilities related to any of the foregoing, or for more than one of those
purposes.
YA
DATED this Se day of June, 2006.
CB Ventures, LLC
An nsas limited liabilit company
By:
Bran Barbe , thorized member
Fayetteville Municipal Property Owners'
Improvement District No. lb- Wellspring
Exhibit -A
A
A PART OF THE SOUTHWEST Q
TOWNSHIP 16 NORTH, RANGE
THE SOUTHEAST QUARTER OF
PART OF THE WEST HALF OF T
NORTH, RANGE 30 WEST, AND
OF SECTION 12, TOWNSHIP 16?
ARKANSAS, BEING MORE PAR'.
AT A POINT WHICH IS S87°42'0`
4ORNER OF THE SOUTH WEST
7 AND RUNNING THENCE S87°(
TO A FOUND IRON PIN, THENC:
187°46'42"W 715.35' TO A FOUN]
SOUTHWEST QUARTER OF THE
N02°27'56"E 46.74' TO A FOUND
SOUTHEAST QUARTER OF THE
N86°58'50"W 751.69' TO THE CET
CENTERLINE S20°20'50W 44.46'
S05°18'51"W 54.60, 504°54'39"W
523°24'21"W 49.39', 532°18'04"W
60.06', 546°48'24"W 67.32', S44°39
S24°56'32"W 57.82', S22°38'12"W
S27°27'36"W 58.17', S31°39'13"W
S02°47'l1"W 51.61', Sol°55'43"W
5;1.03', 502°49'34"W 51.91', S02°57
S02°43'15"W 48.89'; 502°33'25"W
50.93', 502°27'09"W 38.77', S02°34
51.59', S02°5T20"W 63.38', S03°1[
S03°12'19"W 54.91', S02°13'15"W
50.94', 502°42'26°W49 47', S02°18
502°54'55"W 41.80', S02°54'55"W
529.81' TO A CORNER POST, TH
S86°5013"E 1088.84', THENCE S(
S87°02'59"E 209.22' TO THE POI]
ISESS. SUBJECT TO EASEMENT!
[ARTER OF THE SOUTHWEST QUARTER OF SECTION 6,
WEST, AND A PART OF THE SOUTHEAST QUARTER OF
;ECTION 1, TOWNSHIP 16 NORTH, RANGE 31 WEST, AND A
[E NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 16
L PART OF THE EAST HALF OF THE NORTHEAST QUARTER
DRTH, RANGE 31 WEST, ALL IN WASHINGTON COUNTY,
[CULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING
E 617.60' AND N03°03'08"E 102.59' FROM THE SOUTHWEST
UARTER OF THE NORTHWEST QUARTER OF SAID SECTION
'27"E 93.41' TO A SET IRON PIN, THENCE N02°40'05"E 1716.06'
N02°40'00' E 2143.06' TO A FOUND IRON PIN, THENCE
IRON PIN, LOCATED AT THE NORTHWEST CORNER OF THE
SOUTHWEST QUARTER OF SAID SECTION 7, THENCE
ION PIN, LOCATED AT THE NORTHEAST CORNER OF THE
;OUTHEAST QUARTER OF SAID SECTION 1, THENCE
TERLINE OF RUPPLE ROAD, THENCE ALONG SAID
S14°10'34"W 65.18', S09°16'42"W 44.03', S06°40'25"W 54.50',
4.72', S04°57'12"W 59.85', S07°17'28"W 55.76', S13°38'10"W 52.31',
7.75', S36°38'10"W 37.75', S40°31'21"W 59.19', S44°51'16"W
19"W 56.83', S39°09'37"W 55.03', S30°55'13"W 66.99',
8.87', S22°23'40"W 54.61', S22°23'30"W 58.25', S23°21'56"W 55.44',
8.36', S31°28'21"W 57.48', S21°21'38"W 54.39', S09°23'27"W 60.29',
1.38', S02°08'41"W 57.15', S02°26'03"W 49.97', S02°30'26"W
)5"W 54.52', S02°54'57"W 52.46', S02°50'56"W 55.16',
1.35', S02°31'07"W 51.57', S02°25'23"W 56.41', 502°19'43"W
;5"W 44.03', S03°12'55"W 52.16', S02°5710W 49.78', S02°33'54"W
04"W 52.97', 502°59'07"W 52.35', S02°31'09"W 51.19',
3.15', S02°14'57"W 49.48', S02°42'49"W 48.61', S02°37'18"W
12"W 48.56', S02°45'16"W 52.85', S02°38'45"W 52.94',
50.64', THENCE LEAVING SAID CENTERLINE 587°30'27"E
sNCE S03°09'47"W 7.60' TO A SET IRON PIN, THENCE
i°03'08"W 434.54', THENCE ALONG SAID RIGHT-OF-WAY
T OF BEGINNING, CONTAINING 152.23 ACRES MORE OR
AND RIGHTS -OF -WAY OF RECORD.
From: Clarice Pearman
To: Housley, Judy
Date: 7.10.06 5:30PM
Subject: Wellsprings Imp. Dist.
Judy,
I have talked with Jim McCord regarding the improvement district numbers. The Wellsprings that he
presented before was MPOID #10. When he withdraw the previous request it voided out No. 10 on our
list. Our next improvement district number is No. 16. Jim will be by tomorrow to change the paperwork to
MPOID #16. Please change the ordinance to No. 16 accordingly.
Thanks.
Clarice
CC: jimmccordlaw@alltel.net; Williams, Kit
From: Clarice Pearman
To: Housley, Judy
Date: 7.19.06 2:05PM
Subject: Ord for Imp. Dist. No. 16
Judy please email the ordinance for Wellspring Imp. Dist. No. 16.
Thanks.
Clarice
4.
r +0%
From: Clarice Pearman
To: Smith, Sondra
Date: 7.21.06 3:30PM
Subject: Ord. 4897
Sondra:
Attached is a copy of the above ordinance passed by City Council, July 18, 2006 regarding Wellspring -
MPOID No. 16. If anything else is needed please let me know.
Thanks.
Clarice
CC: Audit
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 16 - WELLSPRING
COMMISSIONER'S OATH OF OFFICE
I, BRANDON BARBER, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL
PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 16 - WELLSPRING
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 -CE REAL PROPERTY IN THE DISTRICT.
STATE OF ARKANSAS
COUNTY OF WASHINGTON
On this the o1 s f day of July, 2006, before me, the undersigned notary
public, personally appeared Brandon Barber, known to me (or satisfactorily
proven) to be the person whose name he subscribed to the within instrument and
acknowledged that he executed the same for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
NOTARY P BLIC
SEAL
-
ffL
ry.
RECEIVED
JUL24 4 200
CITY OF FAYETTEVILLE
art CLERWSOFFICE
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 16 -WELLSPRING
COMMISSIONER'S OATH OF OFFICE
I, BRANDON RAINS, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL
PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 16 - WELLSPRING
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 T BOARD EXCEPT UPON THE
APPROVAL OF ALL THE OWNERS OF REROPERTY IN THE DISTRICT.
RAINS
STATE OF ARKANSAS
COUNTY OF WASHINGTON
On this the 2/s; day of July, 2006, 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.
zt-6Afd!k)eta
NOTARY PUBLIC f
SEAL
p , s
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 16 -WELLSPRING
COMMISSIONER'S OATH OF OFFICE
I, SETH KAFFKA, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL
PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 16 -WELLSPRING
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 THg/BOARD EXCEPT UPON THE
APPROVAL OF ALL THE OWNERS OF REAL PROPERTY IN THE DISTRICT.
KAFFKA
STATE OF ARKANSAS
COUNTY OF WASHINGTON
On this the 's r day of July, 2006, before me, the undersigned notary
public, personally appeared Seth Kaffka, known to me (or satisfactorily proven) to
be the person whose name he subscribed to the within instrument and
acknowledged that he executed the same for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
NOTARY PUBLIC
SEAL
RECEIVED
JUL 24 ZOOS
0Y vim.
OPFJCE
r
NORTHWEST ARKANSAS EDITION
• ' 11
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Elizabeth Wax, 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 4897
Was inserted in the Regular Editions:
August 3, 2006
Publication Charge: $245.28
Subscribed and sworn to b fore me
This5 day of '^ , 2006.
Notary Public
Sharlene D. Williams
My Commission Expires: Notary Public
State of Arkansas
My Commission Expires
October 18, 2014
RECEIVED
AUG 0 .92063
CITY OF FAYETTEVILLE
CITY CLERICS OFFICE
1 VPYINANG9 NO. 4981
FA ORDINANCE TONI ESTABLISH AND LAY OFFryevIMPRii OEMEN MUNICIPAL PROPERTY OWNNGIMPROVEMENT DISTRICT NO. 16-WELLSPRINGWHEREAS, a Petition to form Fayetteville5
Municipal Property Owners' Improvement District
No. 16 - Wellspring has been filetl'with the P.
Fayetteville City Clerk; and
WHEREAS, the City Clerk has presented said petition to the Mayor; and
WHEREAS, the Mayor has set July 18,2006, at 6:W pm. 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 the petition and an abstrecter5 cer-
tificate of property ownership that those signing the petition constitute all ell the owners of the real prop-
erty to be located in the district: and ..
WHEREAS, the Arkansas Municipal Property Owners' Improvement District Law provides at Ark.
Code Ann. § 14-94-106(b)(2) that if the governing body determines that all the owners of the recdrd
title to the real property to be located in the district have petitioned for the Improvements, It shell then
be Its duty by ordinance to establish and lay off the district as defined in the petition and to appoint
the cNIRFssianers named in the petition.
NOW, THEREFORE, BE IT ORDAINED BT THE CRY COUNCIL OF FAYETTEVILLE,
ARKANSAS:
in E,Riibil •Aattached hereto
••� =v ^rsl V, „A w,wae w umsnuang. purchasing, accepnng as a gin or malntalnmg facil- I
(ties for waterworks. recreation. drainage, gas pipelines, underground trenches and excavations I
necessary for the installation by public utilities or municipal utilities of electric and telephone distri-
bution systems, sanitary sewers, streets and highways Including curbs and gutters, and sidewalks,
together with facilities related to any of the foregoing, or to, more than one of those purposes.
Section 2: The following three individuals are hereby appointed as commissioners of said improve-
ment district: Brandon Barber, Seth Kafika and Brandon Rains.
Section 3: The name of said improvement district Shan be Fayetteville Municipal Property Owners'
loprovement District No. 16- Wellspring.
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 operat. 1
mg the Improvements, replacing equipment, paying salaries to employees, and performing any other
functions or services authorized In Ark, Code Mn., Title 14, Chapter 94.
PASSED and APPROVED this 18th day of July, 2006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City CI.A
16
• Fayeterille Municipal Pisierty Owners°
Miprevement Dletriet No. 16 - Wellspring
Exhibit A
IPTION:
3OUTHWEST QUARTER OF THE SOUTHWEST QUARTER
RANGE 30 WEST, AND A PART OF THE SOUTHEAST OU
ESCRtBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WI
I' AND N03°03O8'E 102.59' FROM THE SOUTHWEST CORNER OF THE
F THE NORTHWEST QUARTER OF SAID SECTION 7 AND RUNNING•
TO A SET IRON PIN, THENCE N02°40'05 -E 1716.06' TO A FOUND IF
YE 2143O6' TO A FOUND IRON PIN, THENCE N87°46'42W 715.3
LOCATED AT THE NORTHWEST CORNER OF THE SOUTHWEST.QUAI
QUARTER OF SAID'SECTION 7. THENCE N02°27'56E 46.74' TO A
59.8.5'; 507°1728W
S36°38'10W 37.75;:
56.83; S39°09'37W
522°23'40W 54.61^
56.36'; S31°28'21W
501°55'43W 51.38';
51.91 ; S02°57'05W
S02°33'25W 54.35';;
38.77; 502°34'15W
S02°57'20W 6338'; I
54.91; 502°13'lSW
Ilpo
�L
AN
L
54.50'; 505°18'51' W 54.60'; 504°64'39•,
3°38'10W 5231'; 523°24.21W 49.39;
59.19'; 544°51'16W 60.06; S46°4824'
m°55'13'W 66.99'; S24°5632W 57.62';
5825'; 523'21'56w 55.44'; S27°27'361
I°21'38W 54.39'; S09°23'2TW 6029';
57.15'; S02°26'03W 49.97'; S02°30'261
)2°5457W 52.46'; 502°50'56W 55.16';
51.57; 502°25'23W 56.41; 502°19'431
3°1755W 52.16': S02°57'10W 49.78;
52.97'; S02°59'WW 5235'; 502°31'091
)2°14'57W 49.48'; S02°42'40W 48.61';
48.56'; 502°45'16W 52.85': 502°38'451
NCE LEAVING SAID CENTERUNE S87°i
• QUARTER OF THE
O THE CENTERLINE
514°10'34W 65.18';
54.72'; S04°57'12W
i32°18'04W 47.75';
67.32; S44°3919W
iJ; WC49J4-W
43'15W 48.89;
33; S02°27'09W
I
33'541N 51.59';
19`, S03°1719W
'37',BW 4'55*W
34;
G
E 629.81'
1'- TO A
8' A
RECEIVED
i -13-E 1088.84E
2D9.2
TOA7TO MENTS
TO EASEMENTS
AUG 0 9 2006
�vx
I
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE