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HomeMy WebLinkAboutOrdinance 5130 ORDINANCE NO. 5130 AN ORDINANCE TO ESTABLISH AND LAY OFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 25- FALCON RIDGE SUBDIVISION INFRASTRUCTURE PROJECT WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 25- Falcon Ridge Subdivision Infrastructure Project 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 April 15, 2008, 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 a title company 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 THE CITY 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. 25- Falcon Ridge Subdivision Infrastructure Project 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 I Section 2 : The following three individuals are hereby appointed as commissioners of said improvement district: Charles W. Sloan, Cynthia E. Sloan and Jay Mullis. Section 3 : The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 25- Falcon Ridge Subdivision Infrastructure Project. 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 purposes authorized in Ark. Code Ann., Title 14, Chapter 94. p.KITRei S % PASSED and APPROVED this 15`h day of April 2008. _ ,Q ��5 Y p�° , Gp ' APPROVED: ATTEST: ; FAYETTEVILLE ; y^,tiRkANs o J B B i "5-,NGTON y: y: / . p /lM D N COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer 2 EXHIBIT "A" Falcon Ridge Subdivision: Part of the NEI/4 of the SETA and the Part of the SEI /4 of the SETA of Section 19, Townshipl6 N, Range 29 W in Washington County, Arkansas and being more particularly described as follows: Commencing at the NW corner of said NEI /4, SEI/4 thence south 557.95 feet, thence S89°55 ' 18"E 27.59 feet to the P.O.B, thence S89°55 ' 18"E 1292.94 feet, thence south 1422.01 feet, thence N89°56'30"W 822. 14, thence N00°04'32"E 331 .32 feet, thence S89051132"E 170.08 feet, thence N00°42' 14"W 436.08 feet, thence N00° 11 '46"E 421 .06 feet, thence N89°56'21 "W 426.97 feet, thence N00° 11 '35"120.06 feet, thence N89°55 ' 18"W 211 .25 feet , thence N00' 12'45" E 114. 14 feet to the P.O.B. ; containing 25 .51 acres more or less subject to easements and right of way of record. 3 Ci of Fayetteville Staff Review Form City Council Agenda Items 1r410,Y7 or Contracts APOID W&Z:5� April 15, 2008 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. 25 - Falcon Ridge Subdivision Infrastructure Project. 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 NIA Budget Adjustment Attached N/A Previous Ordinance or Resolution # V los Department Director Date Original Contract Date: � Original Contract Number: �-� rod City Attor Date t 11 ceived in City rk's ice EN 14 - 1 Wei Finance and Internal Service Director Date Received in Mayor's Office ggEpEp Mayor Date Comments: f • RECEIVED 113 West Mountain vl Fayetteville, AR -832Rye e e APR Z�Og Telephoax: (479) 718-8323 ARKANSAS Fax: (479) 718-7695 CITY OF RS OFF ICE ci clerk@ci.fa etteville.ar.us MAYOR'S OFFICE �- y City Clerk/Treasurer Division April 7, 2008 Honorable Dan Coody, Mayor City Administration Building 113 W. Mountain Fayetteville, AR 72701 RE: Petition to form Fayetteville Municipal Property Owners' Improvement District No. 25 Falcon Ridge Subdivision Infrastructure Project 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. 25 — Falcon Ridge Subdivision Infrastructure Project 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, �n r�c t ,, i7 aft5t ondra E. Smith City Clerk/Treasurer cc: Kit Williams, City Attorney James N. McCord RECEIVED JAMES N. McCORD APR 0 7 2008 Attorney at Law CITY OF FAYE17EVILLE 217 E. DICKSON STREET CITY CLERKS OFFICE SUITE #102 FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 442-1490 4mmccordlaw(cDal Itel. net April 7, 2008 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. 25- Falcon Ridge Subdivision Infrastructure Project 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. 25- Falcon Ridge Subdivision Infrastructure Project. Please file mark each Petition, retain one for the City's permanent file and 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. h K� (2) 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 lay off the district as defined in the petition and to appoint the commissioners named in the petition. (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. Also enclosed for filing in the office of the City Clerk is an executed Title Company Certificate of Property Ownership certifying that the improvement district petition is signed by the owner 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 developer must comply with all city development ordinances. The completed infrastructure improvements are dedicated to the city. 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. Should there be any questions, please contact me. Sincerely, �j_*400 � es N. McCord pc: Kit Williams, City Attorney Charles Sloan ORDINANCE NO. AN ORDINANCE TO ESTABLISH AND LAY OFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 25- FALCON RIDGE SUBDIVISION INFRASTRUCTURE PROJECT WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 25- Falcon Ridge Subdivision Infrastructure Project 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 April 15 , 2008, 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 a title company 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 THE CITY 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. 25- Falcon Ridge Subdivision Infrastructure Project 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: Charles W. Sloan, Cynthia E. Sloan and Jay Mullis. Section 3 : The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 25- Falcon Ridge Subdivision Infrastructure Project. 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 purposes authorized in Ark. Code Ann., Title 14, Chapter 94. PASSED and APPROVED this 15`h day of April 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer 2 EXHIBIT "A" Falcon Ridge Subdivision : Part of the NE'/4 of the SE'/4 and the Part of the SE'/4 of the SE'/4 of Section 19, Township16 N, Range 29 W in Washington County, Arkansas and being more particularly described as follows: Commencing at the NW comer of said NE'/4, SE '/4 thence south 557.95 feet, thence S89°55 ' 18"E 27.59 feet to the P.O.B, thence S89°55 ' 18"E 1292.94 feet, thence south 1422.01 feet, thence N89056'30"W 822. 14, thence N00°04' 32"E 331 .32 feet; thence S89'51 ' 32"E 170.08 feet, thence N00042 ' 14"W 436.08 feet, thence N00° 11 '46"E 421 .06 feet, thence N89°56 '21 "W 426.97 feet, thence NOVI 1 '35" 120.06 feet, thence N89'55 ' 1 8"W 211 .25 •feet , thence NOO° 12'45" E 114. 14 feet to the P.O.B. ; containing 25 .51 acres more or less subject to easements and right of way of record. 3 RECEIVED NOTICE APR072008 7EVI CITY OF FAYETTEVILLE CITY CLERKS 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 COSTS OF THE IMPROVEMENTS . BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 25- FALCON RIDGE SUBDIVISION INFRASTRUCTURE PROJECT For its petition to form Fayetteville Municipal Property Owners' Improvement District No. 25- Falcon Ridge Subdivision Infrastructure Project, the undersigned petitioner states: 1 . Petitioner is the record title owner 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. Petitioner desires 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 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. Petitioner desires 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 purposes authorized in Ark. Code Ann . , Title 14, Chapter 94. 4. Petitioner names the following three individuals, pursuant to Ark. Code Ann. 14-94-105(a)(2)(B), as designated representatives of Petitioner to be appointed as commissioners of the district: Charles W. Sloan, Cynthia E. Sloan and Jay Mullis. 5. Petitioner proposes that the name of the district be Fayetteville Municipal Property Owners' Improvement District No. 25- Falcon Ridge Subdivision Infrastructure Project. WHEREFORE , the undersigned Petitioner hereby petitions 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. 25- Falcon Ridge Subdivision Infrastructure Project for the purpose of constructing , purchasing , accepting as a gift or maintaining facilities for waterworks recreation, drainage, gas pipelines, underground trenches and excavations necessary for the installation by public utilities or municipal utilities of electricity and telephone distribution systems, sanitary sewers, streets including curbs and gutters, and sidewalks, together with facilities related to any of the foregoing, or for more than one of those purposes. DATED this 3rd day of April, 2008. CA J, LLC An AIlt By:1 Charles W. Sic Authorized member Exhibit "A" Falcon Ridge Subdivision Part of the NE 1/4 of the SE 1/4 and the Part of the SE '/4 of the SE'/, of Section 19, T 16 N, R29 W in Washington County, Arkansas and being described as follows: Commencing at the NW corner of said NE'/4, SE'/. thence south 557.95 feet, thence S89°55' 18" E 27.59 feet to the P.O.B, thence S89°55' 18"E 1292.94 Feet, thence south 1422.01 feet, thence N89°56'30"W 822.14, thence N00°04'32"E 331.32 feet, thence S89°51'32"E 170.08 Feet, thence N00°42' 14"W 436.08 feet, thence N00°11'46"E 421.06 Feet, thence N89°56'21"W 426.97 Feet, thence N00°1 135120.06 feet, thence N89°55' 18"W 211.25 Feet, thence N00°12'45E 114.14 Feet to the P.O.B.; containing 25.51 Acres more or less subject to easements and right of way of record. RECEIVED APR 072008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 25- FALCON RIDGE SUBDIVISION INFRASTRUCTURE PROJECT TITLE COMPANY CERTIFICATE OF PROPERTY OWNERSHIP Heritage Land 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 is the owner of the record title to all of the real property described in Exhibit "A" to the Petition to Form Fayetteville Municipal Property Owners' Improvement District No. 25— Falcon Ridge Subdivision Infrastructure Project, a copy of which Exhibit "A" is attached hereto and made a part hereof: CA J, LLC Heritage Land Title of Arkansas, Inc. further certifies that all of said property is located within the corporate limits of the City of Fayetteville, Arkansas. DATED this 4t" day of April, 2008. Heritage Land Title of Arkansas, Inc. By: Exhibit "A" Falcon Ridge Subdivision Part of the NE 1/4 of the SE 1/4 and the Part of the SE 1/4 of the SE 1/4 of Section 19, T 16 N, R29 W in Washington County, Arkansas and being described as follows: Commencing at the NW corner of said NE'/., SE '/4 thence south 557.95 feet, thence S89°55' 18"E 27.59 feet to the P.O.B. thence 389°55' 18'E 1292.94 Feet, thence south 1422.01 feet, thence N89°56'30'W 822.14, thence N00°04'32"E 331.32 feet, thence S89°51 '32E 170.08 Feet, thence N00°42' 14"W 436.08 feet, thence N00°11'46"E 421.06 Feet, thence N89°56'21"W 426.97 Feet, thence N00°1 1'35120.06 feet, thence N89°55' 18"W 211.25 Feet, thence N00°12'45E 114.14 Feet to the P.O.B.; containing 25.51 Acres more or less subject to easements and right of way of record. 4.18.08) Clarice Pearman - Ord. 5130 Page 1 From: Clarice Pearman To: Smith, Sondra Date: 4.18.08 3:44 PM Subject: Ord. 5130 Attachments: 5130 Falcon Ridge Subdivision-MPOID Dist 25.pdf CC: Audit Sondra: Attached is a copy of the above ordinance regarding the establishing of MPOID District 25. Please let me know if there is anything else needed for this item. Have good weekend. Thanks. Clarice FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 25- FALCON RIDGE SUBDIVISION INFRASTRUCTURE PROJECT CERTIFICATE OF DEDICATION FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 25- FALCON RIDGE SUBDIVISION INFRASTRUCTURE PROJECT (the "District") hereby dedicates and transfer to the CITY OF FAYETTEVILLE, ARKANSAS, for use by the general public, all of the streets, curbs, gutters, water lines, wastewater lines and storm water drainage improvements and related facilities located within the District which property comprises Falcon Ridge Subdivision as described in Exhibit "A" attached hereto and made a part hereof. Dated June 19, 2008. FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO.25 - FALCON RIDGE SUBDIVISON INFRAS TURF P J C By: C arles W. Sl hairman COUNTY OF WASHINGTON ) )ss. STATE OF ARKANSAS ) Subscribed and sworn to before me a notary public this th day of June, 2008. Not P blic My commissioner expires: 15 SEAL MALLORY M. BRYANT NOTARY PUBLIC -STATE OF ARKANSAS WASHINGTON COUNTY My Commission Expires 05-15-2015 RECEIVED JUN 232008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Exhibit "A" Falcon Ridge Subdivision Part of the NE'/, of the SE '/4 and the Part of the SE '/< of the SE 74 of Section 19, T 16 N, R29 W in Washington County, Arkansas and being described as follows: Commencing at the NW corner of said NE 74, SE 74 thence south 557.95 feet, thence S89°55' l8"E 27.59 feet to the P.O.B, thence S89°55l8"E 1292.94 Feet, thence south 1422.01 feet, thence N89°56'30"W 822.14, thence N00°04'32"E 331.32 feet, thence S89°51'32"E 170.08 Feet, thence N00°42' 14"W 436.08 feet, thence N00°11'46"E 421.06 Feet, thence N89°56'21"W 426.97 Feet, thence N00°11'35'120.06 feet, thence N89°55' 18"W 211.25 Feet, thence N00°1245E 114.14 Feet to the P.O.B.; containing 25.51 Acres more or less subject to easements and right of way of record. RECEIVED MAY 0 2 2008 CITY OF FAYETTEVILI$ CITY CLERK'S OFFICE' NORTHWEST ARKANSAS EDITION • Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, 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: City of Fayetteville — Ordinance 5130 April 23,2008 Publication Charge: $116.05 Subscribed and sworn to before me Thisa5day of a L 2008. Notary Public _�^ ,GQ_ My Commission Expires: 'yyfa, G, 010/,2 Do not pay from Affidavit, an invoice will be sent RECEIVED MAY 0 2 2008 CITY OF FAYETTEVILLE CITY CLERKS OFFICE ORDINANCE NO. 5130 FA ORDINANCE NI ESTABLISH AND LAY OFF e evl le IMPROVEMENT DISTRICT NO. 25- FALCON RIDGE Y SUBDIVISION INFRASTRUCTURE PROJECT ARKANSAS WHEREAS, l a PO ne to form Fayetteville No. 25- Fl Properly ubImnovemuct ProjectSubdivision Infrastructure 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 April 15, 2008, 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 a title company certificate of prop- erty ownership that those signing the petition constitute all the owners of the real properly to be locat- ed in the district; and WHEREAS, the Arkansas Municipal Properly Owners' Improvement District Law provides at Ark. Code Ann. Sec. 14-94-106(b)(2) that it 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 THE CITY OF FAYETTEVILLE, ARKANSAS: 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 Property OwnersImprovement District No, 25- Falcon Ridge Subdivision Infrastructure Project for the purpose of constructing, purchasing, accepting as a gift or maintaining facilities for waterworks, recreation, drainage, gas pipelines, underground trenches and excavations necessary far the installation by public utilities or 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 2: The following three Individuals are hereby appointed as commissioners of said improve- ment district: Charles W. Sloan, Cynthia E. Sloan and Jay Mullis, Section 3: The name of said improvement district shelf be Fayetteville Municipal Property Owners' Improvement District No, 25- Falcon Ridge Subdivision Infrastructure Project. 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 purposes authorized in Ark. Code Mn., Title 14, Chapter 94. PASSED and APPROVED this 15th day of April, 2008 ATTEST: By: SONDRA E. SMITH, City CIwWflflPFurr EXHIBIT'A' Falcon Ridge Subdivision: Pan of the NE1/4 of the SE1/4 and the Part of the SE1/4 of the SEI/4 of Section 19, Townshlpl6 N, Range 29 W in Washington County, Arkansas and being more particularly described as follows'. Commencing at the NW corner of said NE1/4, SEII4 thence south 557.95 feet, thence 589°55'18'E 27.59 feet to the P.O.B, thence S89°5518'E 1292.94 feet, thence south 1422.01 feet. thence N89°5630W 822.14, thence N00°04'32E 331.32 feet, thence Si 170.08 feet, thence N00°42'14'W 436.08 feet, thence N00°11'46E 421.06 feet. thence N69°56'21"W426.07 426.97 feet, thence N00°1135'120.06 feet, thence N89°55'18W 211.25 feet , thence N00°1245' E 114.14 feel to the P.O.B.; containing 25.51 acres r, re or less subject to easements and night of way of record. RECEIVED FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT MAY 022008 DISTRICT NO.25 - FALCON RIDGE SUBDIVISION INFRASTRUCTUREcIrY OF FAYETTEVILLE PROJECT CITY CLERKS OFFICE COMMISSIONER'S OATH OF OFFICE I, CHARLES W. SLOAN, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 25- FALCON RIDGE SUBDIVISON INFRASTRUCTURE PROJECT, HEREEBY 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. CHARLES W.SI AN STATE OF ARKANSAS COUNTY OF WASHINGTON On this the day of April, 2008, before me, the undersigned notary public, personally appeared Charles W. Sloan , 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 m�and and official seal. NOTARY PUBLIC SEAL LISA NEELEY .'m r MY C0MMISSI0N# 12347756 EXPIRES: April 28,2016 Washington County RECEIVED MAY 022008 FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMEQ(T'y OF FAYETTEVILLE DISTRICT NO.25 - FALCON RIDGE SUBDIVISION INFRASTRUCTURE CLERKS OFFICE PROJECT COMMISSIONER'S OATH OF OFFICE I, CYNTHIA E. SLOAN, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 25- FALCON RIDGE SUBDIVISON INFRASTRUCTURE PROJECT, HEREEBY 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 IfTHE D$WICT. E. STATE OF ARKANSAS COUNTY OF WASHINGTON On this the day of April, 2008, before me, the undersigned notary public, personally appeared Cynthia E. Sloan, known to me (or satisfactorily proven) to be the person whose name she subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. In witness whereof I hereunto set m hand and official seal. NOTARY PUBLIC SEAL '' ' USA NEELEY ON#1 b..,, MY COMMISSION & 12347756 t """ ; EXPIRES: ApriI26, 2016 ",^ s' Washington County MAY 0 2 2008 FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROV15iK OFFICE E DISTRICT NO.25 - FALCON RIDGE SUBDIVISION INFRASTRUCTURE PROJECT COMMISSIONER'S OATH OF OFFICE I, JAY MULLIS, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 25- FALCON RIDGE SUBDIVISON INFRASTRUCTURE PROJECT, HEREEBY 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 PROPER THE DISTRICT. JA MULLIS STATE OF ARKANSAS COUNTY OF WASHINGTON On this the �k day of April, 2008, before me, the undersigned notary public, personally appeared Jay Mullis , 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 OFFICIAL SEAL CLARA J. PETERS NOTARY PUBLIC . ARKANSAS WASHINGTON COUNTY COMMISSION EXP 08/17/2014 S3v RECEIVED MAY 232008 Gin OF C CITY CLERK'S OFFICE FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICTNO. 25 - FALCON RIDGE SUBDVSION INFRASTRUCTURE PROJECT ASSESSOR'S OATH I, Lynn Gregson, Assessor for Fayetteville Municipal Property Owners' Improvement District No. 25 — Falcon Ridge Subdivision Infrastructure Project hereby swear that I will well and truly assess all benefits that will accrue to the landowners of the District by reason of the improvements. lfInn ?son . State of Arkansas )ss. County of Benton On the �3 day of May, 2008, before me, the undersigned notary public personally appeared Lynn Gregson, 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 JUN 022008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 25- FALCON RIDGE SUBDIVISION INFRASTRUCTURE PROJECT ASSESSMENT OF BENEFITS Prepared by: Lynn Gregson, District Assessor FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 25 - FALCON RIDGE SUBDVSION INFRASTRUCTURE PROJECT Lot/Unit Designation Assessed Value of Lands Prior to Improvement Assessed Value of Lands After Improvement Assessed Benefits Assessed Damages Estimated Cost Associated with Infrastructure Owner of Record 1 $ 10,684 $ 67,500 $ 56,816 $ - $ 53,518 CAJ, LLC 2 $ 7,259 $ 65,000 $ 57,741 $ - $ 54,389 CAJ, LLC 3 $ 7,259 $ 65,000 $ 57,741 $ - $ 54,389 CAJ, LLC 4 $ 7,259 $ 65,000 $ 57,741 $ - $ 54,389 CAJ, LLC 5 $ 7,259 $ 65,000 $ 57,741 $ - $ 54,389 CAJ, LLC 6 $ 7,259 $ 65,000 $ 57,741 $ - $ 54,389 CAJ, LLC 7 $ 7,259 $ 65,000 $ 57,741 $ - $ 54,389 CAJ, LLC 8 $ 7,259 $ 65,000 $ 57,741 $ - $ 54,389 CAI, LLC 9 $ 7,259 $ 65,000 $ 57,741 $ - $ 54,389 CAJ, LLC 10 $ 7,259 $ 65,000 $ 57,741 $ - $ 54,389 CAJ, LLC 11 $ 7,259 $ 65,000 $ 57,741 $ - $ 54,389 CAJ, LLC 12 $ 7,259 $ 65,000 $ 57,741 $ - $ 54,389 CAJ, LLC 13 $ 7,812 $ 66,500 $ 58,688 $ - $ 55,281 CAJ, LLC 14 $ 11,922 $ 67,500 $ 55,578 $ - $ 52,351 CAJ, LLC 15 $ 6,847 $ 65,000 $ 58,153 $ - $ 54,777 CAI, LLC 16 $ 7,314 $ 65,000 $ 57,686 $ - $ 54,337 CAJ, LLC 17 $ 7,643 $ 65,000 $ 57,357 $ - $ 54,027 CAJ, LLC 18 $ 13,627 $ 68,000 $ 54,373 $ - $ 51,217 CAJ, LLC 19 $ 12,174 $ 67,500 $ 55,326 $ - $ 52,115 CAJ, LLC 20 $ 12,168 $ 67,500 $ 55,332 $ - $ 52,120 CAJ, LLC 21 $ 11,908 $ 67,500 $ 55,592 $ - $ 52,365 CAJ, LLC 22 $ 11,652 $ 67,500 $ 55,848 $ - $ 52,606 CAJ, LLC 23 $ 11,715 $ 67,500 $ 55,785 $ - $ 52,546 CAJ, LLC 24 $ 11,779 $ 67,500 $ 55,721 $ - $ 52,487 CAJ, LLC 25 $ 11,841 $ 67,500 $ 55,659 $ - $ 52,428 CAJ, LLC 26 $ 11,900 $ 67,500 $ 55,600 $ - $ 52,372 CAJ, LLC 27 $ 11,901 $ 67,500 $ 55,599 $ - $ 52,371 CAJ, LLC 28 $ 11,883 $ 67,500 $ 55,617 $ - $ 52,388 CAJ, LLC 29 $ 11,866 $ 67,500 $ 55,634 $ - $ 52,405 CAJ, LLC 30 $ 11,848 $ 67,500 $ 55,652 $ - $ 52,421 CAJ, LLC 31 $ 17,898 $ 73,500 $ 55,602 $ - $ 52,374 CAJ, LLC 32 $ 8,021 $ 66,500 $ 58,479 $ - $ 55,084 CAI, LLC 33 $ 7,611 $ 66,500 $ 58,889 $ - $ 55,471 CAJ, LLC 34 $ 7,611 $ 66,500 $ 58,889 $ - $ 55,471 CAJ, LLC 35 $ 7,611 $ 66,500 $ 58,889 $ - $ 55,471 CAJ, LLC 36 $ 7,611 $ 66,500 $ 58,889 $ - $ 55,471 CAJ, LLC 37 $ 7,611 $ 66,500 $ 58,889 $ - $ 55,471 CAJ, LLC 38 $ 7,611 $ 66,500 $ 58,889 $ - $ 55,471 CAJ, LLC 39 $ 7,611 $ 66,500 $ 58,889 $ - $ 55,471 CAJ, LLC 40 $ 7,611 $ 66,500 $ 58,889 $ - $ 55,471 CAJ, LLC 41 $ 7,611 $ 66,500 $ 58,889 $ - $ 55,471 CAJ, LLC 42 $ 7,612 $ 66,500 $ 58,888 $ - $ 55,470 CAJ, LLC 43 $ 8,020 $ 66,500 $ 58,480 $ - $ 55,085 CAJ, LLC 44 $ 8,021 $ 66,500 $ 58,479 $ - $ 55,084 CAJ, LLC 45 $ 7,612 $ 66,500 $ 58,888 $ - $ 55,470 CAJ, LLC 46 $ 7,611 $ 66,500 $ 58,889 $ - $ 55,470 CAJ, LLC 47 $ 7,611 $ 66,500 $ 58,889 $ - $ 55,470 CAJ, LLC 48 $ 7,611 $ 66,500 $ 58,889 $ - $ 55,470 CAJ, LLC 49 $ 7,611 $ 66,500 $ 58,889 $ - $ 55,470 CAJ, LLC 50 $ 7,611 $ 66,500 $ 58,889 $ - $ 55,471 CAJ, LLC 51 $ 7,611 $ 66,500 $ 58,889 $ - $ 55,471 CAI, LLC 52 $ 7,611 $ 66,500 $ 58,889 $ - $ 55,471 CAJ, LLC 53 $ 7,611 $ 66,500 $ 58,889 $ - $ 55,471 CAJ, LLC 54 $ 7,611 $ 66,500 $ 58,889 $ - $ 55,471 CAJ, LLC 55 $ 8,021 $ 66,500 $ 58,479 $ - $ 55,084 CAJ, LLC 56 $ 9,711 $ 67,000 $ 57,289 $ - $ 53,963 CAJ, LLC 57 $ 7,196 $ 66,500 $ 59,304 $ - $ 55,861 CAJ, LLC 58 $ 7,253 $ 66,500 $ 59,247 $ - $ 55,808 CAJ, LLC 59 $ 7,260 $ 66,500 $ 59,240 $ - $ 55,801 CAJ, LLC 60 $ 8,689 $ 66,500 $ 57,811 $ - $ 54,455 CAI, LLC 1 of 2 FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 25 - FALCON RIDGE SUBDVSION INFRASTRUCTURE PROJECT .LoUUnit Assessed Value Assessed Value of Assessed Estimated Cost Designation of Lands Prior to Lands After Assessed Benefits Damages Associated with Owner of Record Improvement Improvement Infrastructure 61 $ 8,929 $ 66,500 $ 57,571 $ - $ 54,229 CAJ, LLC 62 $ 16,546 $ 70,000 $ 53,454 $ - $ 50,351 CAJ, LLC 63 Common Area $ $ - $ - $ - -. CAJ, LLC 64 Common Area $: -. $ - $ - $ HCAJLLC 65 Detention $ -.$ - $ - $ - CAJ, LLC 66 Detention $ - $ - $ - $ - - CM, LLC $ 556,120 $ 4,128,500 Total Assessed Benefits: $ 3,572,380 Total Cost $ 3,365,000 2 oft