HomeMy WebLinkAboutOrdinance 5135 ORDINANCE NO. 5135
AN ORDINANCE TO ESTABLISH AND LAY OFF
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 28 — LEGACY HEIGHTS,
PHASES 2 AND 3 SUBDIVISION INFRASTRUCTURE
PROJECT
WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement
District No. 28 — Legacy Heights, Phases 2 and 3 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 May 6, 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. § 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. 28- Legacy Heights, Phases 2 and 3 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.
Section 2: The following three individuals are hereby appointed as commissioners of
said improvement district: Charles W. Sloan, Cynthia E. Sloan and J.B Hays.
1
Page 2
Ord. No. 5135
Section 3 : The name of said improvement district shall be Fayetteville Municipal
Property Owners' Improvement District No. 28- Legacy Heights, Phases 2 and 3 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.
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PASSED and APPROVED this 6th day of May, 2008.
' FAYETTEVILLE •
:� •. �, 'tip
APPROVED: ATTEST: =;9s'�RKANSP'Jam;
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By: By: OvLc� c✓ lT�
DAN COODY, Mayor SON DRA E. SMITH City Clerk/Treasurer
2
EXHIBIT "A"
LEGACY HEIGHTS
LEGAL DESCRIPTION:
Part of the NEIA of the NWI /4 and part of the NWl /4 of the NWIA of Section 14, and part of
the SWI /4 of the SWIA and part of the SEIA of the SWIM of Section 11 , all in T16N, R31 W
in Washington County, Arkansas and being described as follows: Beginning at the NE Comer of
said NE1 /4, NW 1 /4 thence S89°52'31 "W 165 .22 feet to the P.O.B., thence S00°05'32"W 263.08
feet, thence S89°53 '33 "W 45 . 86 feet, thence S00° 10'03 "W 302.64 feet, thence S89°39'28"W
50.24 feet, thence S00°01 '38 "W 168.94 feet, thence S89°50'01 "E 213 .56 feet, thence
S00008'29"W 168 .96 feet, thence N89°50'20"W 779. 11 feet, thence S00°03'23 "W 151 . 11 feet,
thence S89°52'32"W 824.49 feet, thence N00° 11 '00"E 1052.93 feet, thence N00°08'08"W 819.44
feet, thence N89°47'11 "E 333 . 79 feet, thence S00°56' 19"E 47.92 feet, thence S89°42'41 "E
329.86 feet, thence S00°08' 12"E 770.53 feet, thence N89°52'31 "E 820.40 feet to the P.O.B. ;
Containing 45 .51 acres more or less subject to easements and Right of Way of record.
3
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City of Fayetteville ja � ,�q .�
Staff Review Form l�ux�tu 513
City Council Agenda Item
or
Contracts
May 6, 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. 28 - Legacy Heights,
Phases 2 and 3 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 NIA
Previous Ordinance or Resolution #
&A3 - -24 (floe
Department Director Date Original Contract Date:
Original Contract Number:
LOW OF
Ci ttorney Date
Received in City Clerk's Office =;
Q y • 7,f - 68 ��UD $
Finance and Internal Service Director Date
Received in Mayor's Office
Mayor Date
Comments:
ti
® 113 West Mountain
Fayetteville, 72701
Telephone: (479) 57 5-8323
ARKANSAS
Fax: (479) 718-7695
city—clerk@ci.fayetteville.ar.us
City Clerk/Treasurer Division
RECEIVED
APR 2 4 2008
April 24, 2008 CITY OF FAYE17EVILLE
MAYOR'S OFFICE
Honorable Dan Coody, Mayor
City Administration Building
113 W. Mountain
Fayetteville, AR 72701
RE: Petition to form Fayetteville Municipal Property Owners'
Improvement District No. 28
Legacy Heights, Phases 2 and 3 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 — Legacy Heights, Phases 2 and 3 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.
beera E. Smith
City Clerk/Treasurer
cc: Kit Williams, City Attorney
James N. McCord
ORDINANCE NO,
AN ORDINANCE TO ESTABLISH AND LAY OFF
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS '
IMPROVEMENT DISTRICT NO. 28 — LEGACY HEIGHTS,
PHASES 2 AND 3 SUBDIVISION INFRASTRUCTURE
PROJECT
WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement
District No. 28 — Legacy Heights, Phases 2 and 3 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 May 6, 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. § 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. 28- Legacy Heights, Phases 2 and 3 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 J.B Hays.
Section 3 : The name of said improvement district shall be Fayetteville Municipal
Property Owners' Improvement District No. 28- Legacy Heights, Phases 2 and 3 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 6th day of May, 2008 .
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E, SMITH City Clerk/Treasurer
2
EXHIBIT "A"
LEGACY HEIGHTS
LEGAL DESCRIPTION:
Part of the NEI /4 of the NW 1 /4 and part of the NW 1 /4 of the NW 1 /4 of Section 14, and part of
the SWI /4 of the SWI /4 and part of the SEI /4 of the SWI /4 of Section 11 , all in T16N, R31 W
in Washington County, Arkansas and being described as follows: Beginning at the NE Corner of
said NE1A, NW 1/4 thence S89°52'31 "W 165.22 feet to the P.O.B., thence S00005'32"W 263 .08
feet, thence S89°53'33 "W 45.86 feet, thence S00010'03 "W 302.64 feet, thence S89039'28"W
50.24 feet, thence S00°01 '38 "W 168.94 feet, thence S89050'01 "E 213 .56 feet, thence
S00008'29"W 168.96 feet, thence N89°50'20"W 779. 11 feet, thence SOO°03 '23 "W 151 . 11 feet,
thence S89°52'32"W 824.49 feet, thence N00011 '00"E 1052.93 feet, thence N00008'08"W 819.44
feet, thence N89047111 "E 333 . 79 feet, thence S00056' 19"E 47.92 feet, thence S89°42'41 "E
329.86 feet, thence S00008' 12"E 770.53 feet, thence N89052'31 "E 820.40 feet to the P.O.B.;
Containing 45 .51 acres more or less subject to easements and Right of Way of record.
3
RECEIVED
JAMES N. McCORD ' APR 2 4 2008
Attorney at Law I CITY OF FAYETTEVILLE
217 E. DICKSON STREET CITY CLERK'S OFFICE
SUITE #102 .
FAYETTEVILLE, ARKANSAS 72701
TELEPHONE (479) 695-1134
FACSIMLE (479) 442-1490
limmccordlawCa)alltel. net
April 24, 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. 28- Legacy Heights, Phases 2 and 3 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. 28- Legacy Heights, Phases 2 and 3 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.
Y
f
i
(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. The tax can be prepaid in a lump sum at any time.
Should there be any questions, please contact me.
Sincerely, p
es N. McCord
pc: Kit Williams, City Attorney
Charles Sloan
RECEIVED
APR24
NOTICE
CITY OF FAYETTEVI7EVI
LLE
CITY 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 COSTS OF THE IMPROVEMENTS .
BEFORE THE CITY COUNCIL OF FAYETTEVILLE , ARKANSAS
PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 28- LEGACY HEIGHTS, PHASES 2 AND 3
SUBDIVISION INFRASTRUCTURE PROJECT
For its petition to form Fayetteville Municipal Property Owners'
Improvement District No. 28- Legacy Heights, Phases 2 and 3 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
s
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. 14-94-1 05(a)(2)(B), as designated representatives of Petitioner to be
appointed as commissioners of the district: Charles W. Sloan , J . B. Hays and
Cynthia E. Sloan .
5. Petitioner proposes that the name of the district be Fayetteville
Municipal Property Owners' Improvement District No. 28- Legacy Heights,
Phases 2 and 3 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. 28-
Legacy Heights, Phases 2 and 3 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
• .z^
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 21st day of April, 2008.
Sloan Properties, Inc.
By:
C e W. Sloan, Pr dent
EXHIBIT "A"
LEGACY HEIGHTS
LEGAL DESCRIPTION:
Part of the NE1 /4 of the NWI/4 I /4 and part of the N W I/4 of the NW1/4 /4 of Section 14, and
part of the SWIM of the SW1/4 /4 and part of the SEI/4 of the S W 1 /4 of Section 11, all in
T16N, R3I W in Washington County, Arkansas and being described as follows:
Beginning at the NE Corner of said NE1/4, NW 1/4 thence S89°52'31 "W 165.22 feet to
the P.O.B., thence S00°05'32"W 263.08 feet, thence S89°53'33"W 45.86 feet, thence
S00°10'03"W 302.64 feet, thence S89°39'28"W 50.24 feet, thence S00°01'38"W 168.94
feet, thence S89°50'01 "E 213.56 feet, thence S00°08'29"W 168.96 feet, thence
N89°50'20W 779.11 feet, thence S00°03'23"W 151.11 feet, thence S89°52'32W 824.49
feet, thence N00°11'00"E 1052.93 feet, thence N00°08'08"W 819.44 feet, thence
N89°47'11"E 333.79 feet, thence S00°56'19"E 47.92 feet, thence S89°42'41"E 329.86
feet, thence S00°08'12"E 770.53 feet, thence N89°52'31 "E 820.40 feet to the P.O.B.;
Containing 45.51 acres more or less subject to easements and Right of Way of record.
RECEIVED
APR 242008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS
PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 28- LEGACY HEIGHTS, PHASES 2 AND 3
SUBDIVISION INFRASTRUCTURE PROJECT
TITLE COMPANY CERTIFICATE OF PROPERTY OWNERSHIP
Old Republic National Title Company 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. 28 — Legacy Heights,
Phases 2 and 3 Subdivision Infrastructure Project, a copy of which Exhibit "A" is
attached hereto and made a part hereof:
Sloan Properties, Inc.
Old Republic National Title Company further certifies that all of said
property is located within the corporate limits of the City of Fayetteville, Arkansas.
DATED this Z3 day of April, 2008.
Old Republic National Title Company
By: 62%oC /yJL
AUTHORIZED REPRESENTATIVE
EXHIBIT "A"
LEGACY HEIGHTS
LEGAL DESCRIPTION:
Part of the NE1/4 of the NW1/4 and part of the NW1/4 of the NWI/4 of Section 14, and
part of the SWI./4 of the SW1/4 and part of the SEl/4 of the SW1/4 of Section 11, all in
T16N, R31W in Washington County, Arkansas and being described as follows:
Beginning at the NE Corner of said NE1/4, NW1/4 thence S89°52'31"W 165.22 feet to
the P.O.B., thence S00°05'32"W 263.08 feet, thence S89°53'33"W 45.86 feet, thence
S00°10'03"W 302.64 feet, thence S89°39'28"W 50.24 feet, thence S00°01'38"W 168.94
feet, thence S89°50'01"E 213.56 feet, thence S00°08'29"W 168.96 feet, thence
N89°50'20"W 779.11 feet, thence S00°03'23"W 151.11 feet, thence S89°52'32"W 824.49
feet, thence N00°11'00"E 1052.93 feet, thence N00°08'08"W 819.44 feet, thence
N89°47'11"E 333.79 feet, thence S00°5619"E 47.92 feet, thence S89°4241"E 329.86
feet, thence S00°08'12"E 770.53 feet, thence N89°5231"E 820.40 feet to the P.O.B.;
Containing 45.51 acres more or less subject to easements and Right of Way of record.
From: Clarice Pearman
To: Smith, Sondra
Date: 5.9.08 5:41 PM
Subject: Ords. 5135 & 5136
Attachments: 5135 MPOID No. 28 -Legacy Heights.pdf; 5136 MPOID No. 29 -Ruskin Heights.pdf
CC: Audit
Sondra:
Attached are copies of the above ordinances passed by City Council, May 6, 2008, They have been sent for publication.
Please let me know if there is anything else needed for this item. Have a good day.
Thanks.
Clarice
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 5135
May 14, 2008
Publication Charge : $121.33
Subscribed and sworn to before me
This /S day of "'At , 2008.
Notary Public �-•a a -Q
My Commission Expires: 5-6 - �D/Z
Do not pay from Affidavit, an invoice will be sent
O.GpMM. FkA N
%AR y
RECEIVED
MAY 19 2008
GCITY CLERKS OFFICE
DINANCE NO. 5135 - F
E TO ESTABLISH AND LAY OFF
MUNICIPAL PROPERTY OWNERS• TA A�� �/�:
DISTRICT U 28 I LEGACY �/[G� [r`•]/ C
PRES OS AND 3 SUBDIVISION INFRA- \]/
WOJECT
ARKANSAS
a Petition to form Fayetteville
em? OwnersImprovement DistrictSubdivision
n'-- -
y Heights, Phases 2 and 3 SbdivisiInfrastructure Project has been filed with the
Cleric and
e City Cleric has presented said petition to the Mayor: and ,.-
e Mayor has set May 6, 2006, at 6:00 p.dt as the date and time for a hearing before
City Council for consideration of said petition: and I
re Fayetteville City Council has determined from a title company certificate of prop -
that those signing the petition constituter all theownersof the real property to be locat-
I; and
is Arkansas Municipal Properly Owners' Improvement District Law provides at Ark.
• _..�...u.n.Mdt d t cn,inAC thin all the owners of the record
title to the real property lobe located In the district nave pelltloneo for me ri iP1uvm„w,.o, -. =•
t: 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,
AAA ARNANSASI 1.
IL41. Section 1: That the real property described in Exhibit'A' attached hereto and made a pan hereof
is hereby established Heiand laid oh as Fayetteville Municipal Property Owners' Improvement District
} No. 28- Legacy aslrw. , Phases 2 and 3 Subdivision Infrastructure Project for the purpose of con-
structing gaspurpipelines,
sag, accepting as a gift or maintaining facilities for water4orks, recreation,
drainage, gas piunderground trenches and excavations necessary for the! nitarylaflOnby
-, J. public uffilies a municipal utilities of electric end 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 these purposes r e
Section 2: The'following three Individuals are hereby appointed as convhISSIO ors of said Improve-
mant district: Charles W. Sloan, Cynthia E. Sloan and J.B Hays. ! •..— - '
Section 3: The name of said Improvement' district shall be Fayetteville Municipal Property Owners'
Improvement District No. 28- Legacy Heights, Phases 2 and 3 Subdivision Infrastructure Protect.
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,'
Chapter94. I. 1
PASSED ME APPROVED this 6th day of May, 2008. rt ;'
APPROVED: _ ..,,�_ ATTEST:I
I I
Dy' SONDRA E. SMITH City Claticfkeealmr .,
DAN GOODY, M- -- v
EXHIBIT'A'
I FGA(Y HEIGHTS f Iw • I -
LEGAL DESCRIFI1UNt
Part of the NEV4 of the NW114 and part of the NW114 of the NW114 of Section 14. and pan of the
SW1/4 of the SWIM end part of the SE1/4 of the SWl/4 Of Section 11, all in T16N. R31W in
Washington County, Arkansas and being described as follows: Beginning at the NE Caner of said
NE114; NWIIS thence S89.5231W 165.22 feet to the P.O.B., thence So0°05.32W 263.08 feet,
thence S89°5333W 45.86 feet, thence S00°10'03^N 302.64 feet, thence S89'3928W 50.24 feet,
thence S00'01'38'W 168.94 feet. thence SB9'50'01-E 213.56 feet. thence S00°08'2WW 168.96 feet,
uae•5marW 779.11 feet, thence S00°0323 -W 151.11 feet, thence S89°5232W 824.49 feet
., MO In
leap thence 589°4241t 329.86 feet. thence 5001)612% Iwuas
feet to the P.QE.: Containing 45.51 acres more or less subject to e
record,
RECEIVED
MAY 19 2008
CITY OF FAYETTEVILLE
CITY CLERKS OFFICE