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HomeMy WebLinkAboutOrdinance 5011 ORDINANCE NO. 5011 AN ORDINANCE TO ESTABLISH AND LAY OFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 18 — WOODBURY WHEREAS, a Petition to form Woodbury Municipal Property Owners' Improvement District No. 18 — 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 May 1 , 2007, 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. 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. 18 — Woodbury 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: Mike Philip, Jeff Martin and Tom Muccio. Section 3 : The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 18 — Woodbury. Page 2 Ord. 5011 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. Aa PASSED and APPROVED this ] s` day of May, 2007. = %�" '��SY <pr,G� - s ; FAYETTEVILLQ APPROVED: ATTEST: �`L•• q ,•' NG i0 By: By: . DAN COODY, Mayor SO E. SMITH, City Clerk/Treasurer lCtAj < H2 ENGINEERING, INC. SURVEY DESCRIPTION : A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24 , IN TOWNSHIP 17 NORTH AND RANGE 30 WEST , AND PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19 IN TOWNSHIP 17 NORTH AND RANGE 29 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY , ARKANSAS , AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO - WIT : COMMENCING AT A FOUND STONE AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND RUNNING THENCE S86° 47 ' 1919E 653 . 49 FEET , THENCE N00° 31 ' 16 " W 227 . 04 FEET TO THE POINT OF BEGINNING , AND RUNNING THENCE N00° 31 ' 16 " W 566 . 75 FEET TO THE SOUTH RIGHT OF WAY OF ZION ROAD , THENCE ALONG SAID RIGHT OF WAY ALONG A NON - TANGENTIAL CURVE , SAID CURVE TURNING TO THE RIGHT THROUGH AN ANGLE OF 17° 34 ' 51 . 6 " , HAVING A RADIUS OF 724 . 78 FEET , AND WHOSE LONG CHORD BEARS N81 ° 08 ' 54 " E A DISTANCE OF 221 . 52 FEET TO A POINT OF INTERSECTION WITH A NON - TANGENTIAL LINE , THENCE CONTINUING ALONG SAID RIGHT OF WAY N89° 52132 " E 477 . 01 FEET , THENCE LEAVING SAID RIGHT OF WAY S01014105 " W 866 . 33 FEET TO A FOUND 5/ 8 - INCH REBAR , THENCE N88° 13123 " W 13 . 72 FEET TO A FOUND CONCRETE MONUMENT MARKING THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER , SOUTHEAST QUARTER , THENCE ALONG THE FORTY LINE N86° 47 ' 197' W 356 . 55 FEET , THENCE LEAVING SAID FORTY LINE N01014 ' 11 " W 226 . 76 , THENCE N86° 41 ' 48 " W 297 . 96 FEET TO THE POINT OF BEGINNING CONTAINING 11 . 67 ACRES MORE OR LESS . SUBJECT TO RIGHT OF WAY ALONG ZION ROAD AND ANY OTHER RIGHT OR EASEMENTS OF RECORD . 2758 Millennium Drive Suite I Fayetteville, Arkansas 72703 Phone: 479.582.H2E1 Fax: 479.582.9254 JACK, LYON & JoNEs, P.A. (D t ATTORNEYS AT LAW Suite 3400 offices in: 425 WEST CAPITOL Conway, Arkansas LITTLE ROCK, ARKANSAS 72201 Nasnvlfle, Tennessee (501) 375-1122 Telecopier (501) 375-1027 May 23 , 2007 RECEIVED MAY 2 4 2007 Ms. Sondra Smith , City Clerk CITY OF FAYETTEVILLE Fayetteville City Clerk's Office CITY CLERK'S OFFICE 113 W. Mountain Fayetteville, AR 72701 Re : Fayetteville Municipal Property Owners' Improvement District No. 18- Woodbury Dear Ms. Smith : Enclosed for filing is an original and two copies of the Oath of Commissioners on the above . referenced matter. Please return the file marked copies to me in the enclosed , self- addressed , postage paid envelope. If you have any questions, please contact me at (501 ) 375-1122 . Thank you for your assistance. Sincerely, JACK, LYON & JONES, P .A. � G�laePc�.e�Q ElizaPfeth Ann Waddell Paralegal /esw Enclosures I OATH OF COMMISSIONER IN RE: FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 18 — WOODBURY I , Jeff Martin , do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the State of Arkansas, and that I will faithfully discharge my duties as a commissioner for the Fayetteville Municipal Property Owners' Improvement District No. 18 — Woodbury (the "District") in the manner provided by law, and I further swear to not be interested , directly or indirectly, in any contract let by the board of commissioners of the District except upon the approval of all the owners of real property located in the District. 4 Je f I a 'n STATE OF ARKANSAS ) ) SS COUNTY OF WASHINGTON ) ACKNOWLEDGMENT Before me, a Notary Public in and for the State and County aforesaid , personally appeared Jeff Martin , with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath , acknowledged himself to be a duly appointed commissioner of the Fayetteville Municipal Property Owners' Improvement District No. 18 — Woodbury, and that he as such commissioner, executed the foregoing instrument for the purposes therein contained . GIVEN under my hand and seal of office, this, �day of May, 2007. otary Public ; �� 20. s3ads�. ,oma°.; MY COMMISSION EXPIRES: _ NorARr c laoI (" RECEIVED � .. oUB0 MAY 2 4 2007 CITYOFFAYEET iLLL CITYCLERiCS OFFICE OATH OF COMMISSIONER IN RE : FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 18 - WOODBURY I , Tom Muccio, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the State of Arkansas, and that I will faithfully discharge my duties as a commissioner for the Fayetteville Municipal Property Owners' Improvement District No. 18 - Woodbury (the "District") in the manner provided by law, and I further swear to not be interested , directly or indirectly, in any contract let by the board of commissioners of the District except upon the approval of all the owners of real property located in the District. ir. Tom Muccio STATE OF ARKANSAS ) ) SS COUNTY OF WASHINGTON ) ACKNOWLEDGMENT Before me, a Notary Public in and for the State and County aforesaid , personally appeared Tom Muccio, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath , acknowledged himself to be a duly appointed commissioner of the Fayetteville Municipal Property Owners' Improvement District No. 18 - Woodbury, and that he as such commissioner, executed the foregoing instrument for the purposes therein contained . GIVEN under my hand and seal of office, this, y day of May, 2007 . OTARy otaryublic = —`• MY COMMISSION EXPIRES: - PUBLIC RECEIVED MAY 2 a 2007 CITY OF FF YETTEVILLE CITY CLERK'S OFFICE OATH OF COMMISSIONER IN RE : FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 18 — WOODBURY I , Mike Philip, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the State of Arkansas, and that I will faithfully discharge my duties as a commissioner for the Fayetteville Municipal Property Owners' Improvement District No. 18 — Woodbury (the "District") in the manner provided by law, and I further swear to not be interested , directly or indirectly, in any contract let by the board of commissioners of the District except upon the approval of all the owners of real property located in the District. Mike Philip STATE OF ARKANSAS ) ) SS COUNTY OF WASHINGTON ) ACKNOWLEDGMENT Before me, a Notary Public in and for the State and County aforesaid , personally appeared Mike Philip , with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who , upon oath , acknowledged himself to be a duly appointed commissioner of the Fayetteville Municipal Property Owners' Improvement District No. 18 — Woodbury, and that he as such commissioner, executed the foregoing instrument for the purposes therein contained. GIVEN under my hand and seal of office , this, J_ day of May, 2007 . J �Pl MY COMMISSION EXPIRES : Pueuc s S 3 -1-e;2014; IVED '' : , MAY 2 d. 2007 CITYOF FAYErrEVILLE CITY CLERK'S OFFICE City of Fayetteville V eD Staff Review Form 511 /6r7 City Council Agenda Items I 6� 1 or Contracts �-�rY�,y,� May 1 , 2007 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. 18 - Woodbury Municipal Property Owners' Improvement District No. 18 of the City of Fayetteville, Arkansas. 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 John Bryant (501 -375-1122) 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: " j7 " d7 City ey Date Received in Ci Clerk's Iffice Finance an ntemal Service Director Date I7/ Received in Mayor's Office Mayor [Tate r Comments: RECEIVED ye eve APR 16 2uu r 113 West Mountain ARKANSAS CITY OF FAYETI'EVILLE Fayetteville, AR 72701 MAYOR'S OFFICE Telephone: (479) 575-8323 Fax: (479) 718-7695 city—clerk@ci.fayetteville.ar.us City Clerk/Treasurer Division April 16, 2007 Honorable Dan Coody, Mayor City Administration Building 113 W. Mountain Fayetteville, AR 72701 RE: Petition to form Fayetteville Municipal Property Owners' Improvement District No. 18 Woodbury Municipal Property Owners' Improvement District No. 18 of the City 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. 18 — Woodbury Municipal Property Owners' Improvement District No. 18 of the City of Fayetteville, Arkansas 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, 0, "L, ': Sondra E. Smith City Clerk/Treasurer cc: Kit Williams, City Attorney John Bryant, Improvement District Attorney ORDINANCE NO, AN ORDINANCE TO ESTABLISH AND LAY OFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 18 — WOODBURY WHEREAS, a Petition to form Woodbury Municipal Property Owners' Improvement District No. 18 — 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 May 1 , 2007, 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS: Section l : 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. 18 — Woodbury 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. 1 Section 2 : The following three individuals are hereby appointed as commissioners of said improvement district: Mike Philip, Jeff Martin and Tom Muccio. Section 3 : The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 18 — Woodbury. 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 I " day of May, 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer 2 �P'�I�lEv NOTICE cl r: t E C CLERK'S OFFICE YOUR SIGNATURE HEREON SHOWS THAT YOU FAVOR THE ESTABLISHMENT OF AN IMPROVEMENT DISTRICT. IF THE DISTRICT IS FORMED , YOU MAY BE CHARGED FOR THE COST OF THE IMPROVEMENTS , IN RE: WOODBURY MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 18 OF THE CITY OF FAYETTEVILLE, ARKANSAS PETITION FOR FORMATION OF A MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT TO THE HONORABLE MAYOR, DAN COODY, AND CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: The undersigned ("Petitioner"), 1611 Holdings, LLC, an Arkansas Limited Liability Company, the record owner of all real property within the area of the proposed municipal property owners' improvement district ("Proposed District") , along with Philip/Martin Development Partners, LLC, an Arkansas Limited Liability Company owned and controlled by the members of the Petitioner ("Philip/Martin"), does hereby petition the City Council of the City of Fayetteville, Arkansas ("City Council"), under Chapter 94 of Title 14 of the Arkansas Code of 1987, as amended , to lay off into a municipal property owners' improvement district the real property described in Exhibit "A, " attached hereto and incorporated herein by this reference. It is anticipated that subsequent to the filing, but prior to the City Council's consideration of this petition, the real property described in Exhibit "A," attached hereto, may be transferred in whole from Petitioner 10 Philip/Martin. Philip/Martin joins in this petition to evidence its approval of the formation of the Proposed District as the anticipated future owner of all the real property encompassed thereby. Exhibit "B," attached hereto and incorporated herein by this reference, is a map of the area of the Proposed District, which depicts and generally describes the proposed improvements to be constructed or acquired by the Proposed District ("the Improvements"). The Proposed District shall be organized for the following purposes: 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 (1) of those purposes, upon and for the benefit of the territory encompassed within the Proposed District; and to exercise any and all or any part of those things enumerated as powers of a municipal property owners' improvement district in Title 14, Subtitle 5, Chapter 94 of the Arkansas Code of 1987, as now or hereafter amended. Attached hereto as Exhibit "C" and incorporated herein by reference is a certificate prepared by _____________[INSERT NAME OF TITLE COMPANY], which provides, to the effect, that the Petitioner is the record owner of all of the real property located within the area of the Proposed District. `a Petitioner further petitions the City Council to name as commissioners of the Proposed District, Mike Philip, Jeff Martin, and Tom Muccio, each of whom is an individual of integrity and good business ability. Petitioner further petitions the City Council to select as the Proposed District's name, "Woodbury Muhicipal Property Owners' Improvement District No. 18 of the City of Fayetteville, Arkansas." Petitioner further petitions that the Proposed District shall be prolonged and continued after the completion of the acquisition or construction of the Improvements, after the payment in full of any indebtedness incurred for the construction, installation and equipping thereof, and after the term of collection of the original assessment of benefits, for the purpose of maintaining, operating, making alterations and keeping the Improvements in a good state of repair, so long as the Improvements are used for the benefit of the owners and residents of the above -described property. Such maintenance, operation, alteration and repairing of the Improvements shall be made and undertaken in such manner as the commissioners shall deem best for the interests of the Proposed District. All of the real property in the Proposed District lies within the City of Fayetteville, Arkansas, and none of the real property to be included in the Proposed District lies in more than one (1) municipality. [Signature page follows] 3 PETITIONER: 1611 Holdings, LLC By: Philip, Member Member ACKNOWLEDGED AND AGREED: Philip/Martin Development Partners, LLC By: Philip, Member Member L 11 11 ' • A. r 111 • SERVING ALL OF NORTHWEST ARKANSAS 125 Parkwood, Suite A — P.O. Box 1910 Lowell, AR 72745 (479) 770-6700 Fax: (479) 770-6702 SURVEY DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, IN TOWNSHIP 17 NORTH AND RANGE 30 WEST, AND PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19 IN TOWNSHIP 17 NORTH AND RANGE 29 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO -WIT: COMMENCING AT A FOUND STONE AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND RUNNING THENCE S86°47'19"E 653.49 FEET, THENCE N00°31'16'W 227.04 FEET TO THE POINT OF BEGINNING, AND RUNNING THENCE N00°31' 16"W 566.75 FEET TO THE SOUTH RIGHT OF WAY OF ZION ROAD, THENCE ALONG SAID RIGHT OF WAY ALONG A NON -TANGENTIAL CURVE, SAID CURVE TURNING TO THE RIGHT THROUGH AN ANGLE OF 17°34'51.6", HAVING A RADIUS OF 724.78 FEET, AND WHOSE LONG CHORD BEARS N81°08'54"E A DISTANCE OF 221.52 FEET TO A POINT OF INTERSECTION WITH A NON -TANGENTIAL LINE, THENCE CONTINUING ALONG SAID RIGHT OF WAY N89°52'32"E 477.01 FEET, THENCE LEAVING SAID RIGHT OF WAY S01°14'05"W 866.33 FEET TO A FOUND 5/8 -INCH REBAR, THENCE N88°13'23"W 13.72 FEET TO A FOUND CONCRETE MONUMENT MARKING THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER, SOUTHEAST QUARTER, THENCE ALONG THE FORTY LINE N86°47'19"W 356.55 FEET, THENCE LEAVING SAID FORTY LINE NO1°14'11"W 226.76, THENCE N86°41'48"W 297.96 FEET TO THE POINT OF BEGINNING CONTAINING 11.67 ACRES MORE OR LESS. SUBJECT TO RIGHT OF WAY ALONG ZION ROAD AND ANY OTHER RIGHT OR EASEMENTS OF RECORD. Said above described property was acquired by the legal descriptions as follows: LEGAL DESCRIPTION A part of the Northeast Quarter of the Southeast Quarter of Section 24, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at the Southeast corner of said forty acre tract and running thence North 89 degrees 10 minutes 40 seconds West 356.55 feet, thence North 03 degrees 07 minutes 03 seconds West 226.73 feet, thence North 89 degrees 03 minutes 24 seconds West 297.99 feet, thence North 02 degrees 53 minutes 49 seconds West 422.57 feet, thence North 88 degrees 36 minutes 54 seconds East 141.08 feet, thence North 03 degrees 20 minutes 09 seconds West 174.52 feet, thence South 89 degrees 01 minute 14 seconds East 150.39 feet, thence North 86 degrees 06 minutes 47 seconds East 400.66 feet, thence South 00 degrees 36 minutes 28 seconds East 860.60 feet to the point of beginning, containing 11.01 acres, more or less. Subject to that portion in Zion Road located on the North side of herein described tract and subject to easements and right of ways of record. Page 1 of 2 pages Also A part of the Fractional Northwest Quarter of the Southwest Quarter of Section 19, Township 17 North, Range 29 West, being more particularly described as follows, to -wit: Beginning at a point 6.6 feet North of the Southwest corner of said Fractional forty, said point also being the Southeast corner of the Northeast Quarter of the Southeast Quarter of Section 24, Township 17 North, Range 30 West, and running, thence North along the Range line 859.01 feet to the South right of way of Zion Road, thence South 89 degrees 51 minutes East along said right of way 5.92 feet, thence South 0 degrees 32 minutes 22 seconds East 859.03 feet, thence West 14 feet to the point of beginning. This is to certify that L1611 Holdings, LLC, is the sole owner of record title, as reflected by the deed records in the office of the circuit clerk and ex officio recorder of Washington County, of the above described real property. L1611 Holdings, LLC acquired title to the above described real property by virtue of a warranty deed filed October 26, 2006 as Document No.2006-00044016, records of Washington County, Arkansas. LEGAL DESCRIPTION CONTINUED And A part of the NE1/4 of the SE1/4 of Section 24, T -17-N, R -30-W, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point which is 653.40 feet East and 629.16 feet N01 degrees 50'W of the SW corner of said 40 acre tract; thence N 01 degrees 50'W 160.00 feet to the South right of way line of Zion road; thence N 83 degrees 53' E, 140.78 feet along said South right of way line to an iron pin, thence S 01 degrees 50'E 175.00 feet; thence West 140.00 feet to the point of beginning, containing 0.54 acres, more or less. Subject to easements, rights of way and restrictive covenants of record if any. This is to certify that L1611 Holdings, LLC, is the sole owner of record title, as reflected by the deed records in the office of the circuit clerk and ex officio recorder of Washington County, of the above described real property. L1611 Holdings, LLC acquired title to the above described real property by virtue of a warranty deed filed October 31, 2006 as Document No. 2006-00044712, records of Washington County, Arkansas. Certified this 11 day of April, 2007. [TITLE CQIyIPANY] By: LxGLDt.. Pr �O e Printed Name: Linda G. Mefford Title: Title Agent Page 2 of 2 pages MW at 4/.14/,07 J w prooehu.± Dtt,'t ' fib' III "il�tl pp iet E p t, fit t P •a Ir° II ft if I I .sr GI It I 4 1 I. @stir;s1�; WOODBURY _� ?`ep Mill S}CI .s { i N CONCEPT PLAN '! (5/7/2007) Lisa Branson -Ord 5011 Page 1 From: Lisa Branson To: jbryant@jlj.com Date: 5/7/2007 12:08 PM Subject: Ord 5011 Attachments: Ord 5011 Imp Dist No. 18 Woodbury.pdf CC: Audit; Smith, Sondra John, Attached is a copy of the above ordinance that was approved by City Council May 1, 2007. If anything else is needed please let me know. Have a great day! Lisa Lisa Branson City of Fayetteville City Clerk's Division 113 W Mountain Fayetteville, AR 72701 (479) 575-8323 lbranson@cifayetteville.ar.us NORTHWEST ARKANSAS EDITION Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Erin Emis, 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: 0RDINANCEl 5011 Edi Was inserted in the Regular Editions: May 11, 2007 Publication Charge: $126.60 P-i-)chc_• Subscribed and sworn to before me This J ay of A &y , 2007. Notary Public P �� �v A 4L - My Commission Expires:� Do not pay from Affidavit, an invoice will be sent =Notary Seal EL ARGO E%VED -ArkECansas V COUNTYMy ires 0745-2013 MAY 16 2001 CITY CF FAYETTEVILLE CITY CLERK50FFIGE ORDINANCE NO. 5011 1 AN ORDINANCE TO ESTABLISH AND LAY OFF a e exile VILLE MUNICIPAL PROPERTY OWNERS' T IMPROVEMENT DISTRICT NO. 18 - WOODBURY Y WHEREAS, a Petition to form Woodbury Municipal ARKANSAS Properly Owners Irprovement District No. 18 - 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 May 1.2007,816:00 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 proper. ty ownership that those signing the petition constitute all the owners of the real property to be locat- ed in the district. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FAYETTEVILLE, ARKAMRAR. Section 1: That the real property described in Exhibit'A* attached hereto and made a pan hereof Is hereby established and laid off as Fayetteville Municipal Properly OwnersImprovement District No. 18 - Woodbury for the purpose of constructing, purchasing, accepting as a gilt 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 distri- bution systems, sanitary Bowers, streets and highways including curbs and gutters, end sidewalks, together with facilities related to any of the foregoing, or for more than one of those purposes. Section 2: The following ores individuals are hereby appointed as comet ssioners of said improve- ment district: Mike Philip, Jeff Marlin end Tom Muccio, Section 3: The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 18 - Woodbury. Section 4: The district shall not cease to exist upon the acquiring, constructing or completio0 of the improvements, but it shall continue to exist for the purpose of preserving, maintaining, and operat- ing 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 1st day of May, 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayo, SONDRA E. SMITH, City CNIY/MRMKR, EXHIBIT A SURVEY DESCRIPTION: - A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER HHH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PAR- TICULARLY DESCRIBED AS FOLLOWS TO -WIT: COMMENCING AT A FOUND STONE AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST OUARTER AND RUNNING THENCE S86°47.19 -E 653.49 FEET, THENCE N00°31'16W 227.04 FEET TO THE POINT OF BEGINNING, AND RUNNING THENCE N0W31'16W 56675 FEET TO THE SOUTH RIGHT OF WAY OF ZION ROAD, THENCE ALONG SAID RIGHT OF WAY ALONG A NON -TANGENTIAL CURVE, SAID CURVE TURNING TO THE RIGHT THROUGH AN ANGLE OF 17°34'51.6', HAVING A RADIUS OF 724.78 FEE, AND WHOSE LONG CHORD BEARS N81°0854'E A DISTANCE OF 221.52 FEET TO A POINT OF INTERSECTION WITH A NON -TANGENTIAL LINE. THENCE CONTINUING ALONG SAID RIGHT OF WAY NB9652.32-E 477.01 FEET, THENCE LEAVING SAID RIGHT OF WAY S01 °14'05W 866.33 FEET TO A FOUND 5/8 -INCH REBAR, THENCE N88°13'23W 13.72 FEET TO A FOUND CONCRETE MONUMENT MARKING THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER, SOUTHEAST QUARTER. THENCE ALONG THE FORTY LINE N86°47'/9W 356.55 FEET, THENCE LEAVING SAID FORTY LINE N01°14'11 W 226.76, THENCE N86.41'48W 297.96 FEET TO THE POINT OF BEGINNING CONTAINING 11.67 ACRES MORE OR LESS, SUBJECT TO RIGHT OF WP ALONG ZION ROAD AND ANY OTHER RIGHT OR' ASEMENTS OF RECORD. RECEIVED MAY 16 2001 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE e ev 1 ARKANSAS City Clerk/Treasurer Division May 24, 2007 Jack, Lyon & Jones, P.A. Ms. Elizabeth Ann Waddell, Paralegal 425 West Capitol Avenue, Suite 3400 Little Rock, AR 72201 RE: City of Fayetteville Ordinance 5011 Municipal Property Owners' Improvement District #18 Woodbury Dear Ms. Waddell, 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 city_clerk@ci.fayetteville.ar.us I have enclosed a certified copy of our Ordinance No. 5011, Affidavit of Publication, and a certified copy of the May 1, 2007 City Council meeting minutes regarding Municipal Property Owners' Improvement District # 18— Woodbury. I have also enclosed date stamped Oath of Commissioner forms on this project. If I can be of assistance in the future please let me know. Sincerely yours, Sondra E. Smith City ClerkfFreasurer City of Fayetteville, Arkansas axe ,rte. ID 1 a 0 m m 6.� 64 L_ 65 ek a: S`ETRi. �'T5. �ylS 4 4 .. - ---- t-' _r__._,. 66 r 1 7 1 J J GRAPHIC SCALE ( IN FEET) 1 inch = 50 ft PROJECT LOCATION 3 VICINITY MAP N. T. S. ENGINEER / SURVEYOR: OWNER: DEVELOPER: H2 ENGINEERING, INC. WILLIAM G. & ANN M. GIESE L16611 HOLDINGS, LLC TOM HENNELL Y. P. E. 4210 TALIESIN LANE MIKE PHILIP & JEFF MARTIN 2758 MILLENNIUM DRIVE FAYETTEVILLE, AR 72703 2458 EAST JOYCE BLVD. SUITE 1 (479) 443-9595 SUITE 8 FAYETTEVILLE, AR 72701 FAYETTEVILLE, AR 72703 (479) 263-0556 (479) 571-3350 FLOOD NOTICE: THIS PROPERTY NOT LOCATED IN THE 100 YEAR FLOOD PLAIN AS PER FIRM #05143C010/E DATED JULY 21, 1999. TOTAL ACREAGE: 1/.66 ± EXISTING ZONING: R -A AGRICULTURAL PROPOSED ZONING: R-PZD RESIDENTIAL PLANNED ZONING DISTRICT DWELLING UNITS: 68 - DETACHED SINGLE FAMILY 32 - ATTACHED SINGLE FAMILY TOTAL = 100 UNITS H2 ENGINEERING y (INCORPORATED)o No. 1105 ,,,��'•,�NSAS E�'�,. Checked by: JRT Drawn by: GA Horizontal Scale: 1"=50' Vertical Scale: NA Date: 30JUNE06 Revisions: City Project Number: RPZD 06-2190 Plat Page: 137 P © -Ql34ry 1 C4Y PAGES =PAGEot 1 H2 PROJECT NUMBER: 06-018 cJ' ENGINEERING, INC. 2758 MILLENNIUM DRIVE Suite 1 FAYETTEVILLE, ARKANSAS 72703 PHONE: (479) 582-4234 FAX: (479) 582-9254