HomeMy WebLinkAboutOrdinance 5136 ORDINANCE NO. 5136
AN ORDINANCE TO ESTABLISH" AND LAY OFF
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS '
IMPROVEMENT DISTRICT NO. 29 - RUSKIN HEIGHTS
SUBDIVISION INFRASTRUCTURE PROJECT
WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement
District No. 29 - Ruskin Heights 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. Sec. 14-94-106(b)(2) that if the governing body determines that all
the owners of the record title to the real property to be located in the district have petitioned for
the improvements, it shall then be its duty by ordinance to establish and lay off the district as
defined in the petition and to appoint the commissioners named in the petition.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the real property described in Exhibit "A" attached hereto and made a
part hereof is hereby established and laid off as Fayetteville Municipal Property Owners'
Improvement District No. 29- Ruskin Heights 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: Edward Davis, Morgan Hooker and Dirk Van Veen.
Section 3 : The name of said improvement district shall be Fayetteville Municipal
Property Owners' Improvement District No. 29 - Ruskin Heights Subdivision Infrastructure
Project.
1 .
Page 2
Ord. No. 5136
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.
YJTR�'''.�.
GAS Y OF SGp
PASSED AND APPROVED this 6`h day of May, 2008. _ e°
BFAYETTEVILLE •
° 5
APPROVED: ATTEST: :9s•�RKgNs?•j�':�
'''� q uimNOGO```.
By. By.
DAN COODY, Mayor SO DRA E. SMITH City ClerOTreasurer
2
EXHIBIT "A"
Boundary Description - Ruskin-Heights
A part of the Southeast Quarter (SEI/4) of the Southwest Quarter (SWI /4) and the Southwest
Quarter (SWI /4) of the Southeast Quarter (SEI/4) of Section Two (2), Township Sixteen ( 16)
North, Range Thirty (30) West, being more particularly described as follows:
Beginning at a 1 /2" rebar located S87°32'34"E 660.0 feet from a stone monument located at the
Southwest corner of the Southeast Quarter of the Southwest Quarter of said Section 2; thence N
03038'07"E 441 .29 feet to a 1 /2" rebar; thence N 87°33'26"W 135 .00 feet to a 1 /2" rebar; thence
NO3042'40"E 80.00 feet to a 1 /2" rebar; thence N 87°33'28"W 175 .00 feet to a 1/2" rebar; thence
N 03042'40"E 212.28 feet to a 1/2" rebar; thence S 87°48'42"E 310.03 feet to a 1 /2" rebar;
thence NO3 °42'38"E 417.42 feet to a 1 /2" rebar located on the South right-of-way of Arkansas
Highway No. 45 (Mission Boulevard); thence Northeasterly along said right-of-way the
following: N69°23'34"E 249.39 feet to a 1 /2" rebar, along a curve to the right having a radius of
970.00 feet, an arc length of 108.99 feet and a chord bearing of N 72°36'42"E 108.93 feet to a
1 /2" rebar, along a curve to the right having a radius of 978.84 feet, an arc length of 335 .04 feet
and a chord bearing of N85'38' 10"E 333 .40 feet to a 1 /2" rebar, SOI °04'05"W 12.27 feet to a
/i' rebar; S86°22' 14"E 166.88 feet to a 1 /2" rebar, S03°35'31 "W 1 .95 feet to a 1 /2" rebar;
thence S86°28'21 "E 252.00 feet to a 1 /2" rebar; thence leaving said right-of-way and running
S03029'46" W 825 .60 feet to a 1 /2" rebar located on the north line of the Park Place Addition
Phase Il ; thence N85°48'23 "W 422.74 feet to a 1/2" rebar located at the Northwest corner of said
addition; thence S03°45'46"W 491 .63 feet along the west line of said addition to a stone
monument; thence N87°31 '58"W 657.93 feet to the point of beginning, containing an area of
28.93 acres, more or less, Fayetteville, Washington County, Arkansas.
Subject to any easements and/or right-of-ways of record.
3
C) eb
City of Fayetteville daa
Staff Review Form
City Council Agenda Item
or I.�'s ^ �Du,iU
Contracts
May 6, 2008
City Council Meeting Date / •/ (//�/��do� �
Sondra Smith City Clerk City Clerk
Submitted By Division Department
Action Required :
An ordinance to establish Fayetteville Municipal Property Owners' Improvement District No. 29 - Ruskin Heights
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 N/A Budget Adjustment Attached N/A
Previous Ordinance or Resolution #
Department Director Date Original Contract Date:
Y( Zy`o� Original Contract Number:
Ci ney Date
p
Received in City
/Cllerk'
T a.� 0. . '1- 29 . 04
Finance and Internal Service Director Date
Received in Mayor's Office ' ENT ED
Mayor
/ Date
Comments:
113 West Mountain
Fayetteville, AR 72701
RECEIVED Telephone: (479) 5758323
40
ye evl a APR 2 8 2008 Fax: (479) 718-7695
ARKANSAS
CITY OF FAYETTEVILLE city—clerk@ci.fayetteville.ar.us
City Clerk/Treasurer Division MAYOR'S OFFICE
April 25, 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. 29-
Ruskin Heights Subdivision Infrastructure Project
Dear Mayor:
Pursuant to Arkansas Code Ann. See. 14-94- 105 (e)(3), you are hereby notified that the
enclosed Petition to form Fayetteville Municipal Property Owners' Improvement District
No. 29 — Ruskin Heights 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, q "�
&,, d
Sondra 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. 29 - RUSKIN HEIGHTS
SUBDIVISION INFRASTRUCTURE PROJECT
WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement
District No. 29 - Ruskin Heights 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. Sec. 14-94- 106(b)(2) that if the governing body determines that all
the owners of the record title to the real property to be located in the district have petitioned for
the improvements, it shall then be its duty by ordinance to establish and lay off the district as
defined in the petition and to appoint the commissioners named in the petition.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the real property described in Exhibit "A" attached hereto and made a
part hereof is hereby established and laid off as Fayetteville Municipal Property Owners'
Improvement District No. 29- Ruskin Heights 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: Edward Davis, Morgan Ho6ker and Dirk Van Veen.
Section 3 : The name of said improvement district shall be Fayetteville Municipal
Property Owners' Improvement District No. 29 - Ruskin Heights 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"
Boundary Description - Ruskin Heights
A part of the Southeast Quarter (SEI /4) of the Southwest Quarter (SWI /4) and the Southwest
Quarter (SWI /4) of the Southeast Quarter (SEI /4) of Section Two (2), Township Sixteen ( 16)
North, Range Thirty (30) West, being more particularly described as follows:
Beginning at a %2" rebar located S87°32'34"E 660.0 feet from a stone monument located at the
Southwest corner of the Southeast Quarter of the Southwest Quarter of said Section 2; thence N
03038'07"E 441 .29 feet to a %2" rebar; thence N 87°33'26" W 135 .00 feet to a '/2" rebar; thence
NO3042'40"E 80.00 feet to a '/2" rebar; thence N 87°33'28"W 175 .00 feet to a '/2" rebar; thence N
03042'40"E 212.28 feet to a %2" rebar; thence S 87°48'42"E 310.03 feet to a '/2" rebar; thence
NO3042'38"E 417.42 feet to a %2" rebar located on the South right-of-way of Arkansas Highway
No. 45 (Mission Boulevard); thence Northeasterly along said right-of-way the following:
N69023 '34"E 249.39 feet to a %2" rebar, along a curve to the right having a radius of 970.00 feet,
an arc length of 108.99 feet and a chord bearing of N 72°36'42"E 108.93 feet to a '/2" rebar,
along a curve to the right having a radius of 978 . 84 feet, an arc length of 335 .04 feet and a chord
bearing of N850381.1011E 333 .40 feet to a '/2" rebar, SOI °04'05 "W 12.27 feet to a %2" rebar;
S86022' 14"E 166.88 feet to a %2" rebar, S03°35'31 "W 1 .95 feet to a '/2" rebar; thence
S86028'21 "E 252.00 feet to a %2" rebar; thence leaving said right-of-way and running
S03029'46"W 825 .60 feet to a '/2" rebar located on the north line of the Park Place Addition
Phase II; thence N85°48'23 "W 422.74 feet to a %2" rebar located at the Northwest corner of said
addition; thence S03°45'46"W 491 .63 feet along the west line of said addition to a stone
monument; thence N87°31 '58"W 657.93 feet to the point of beginning, containing an area of
28.93 acres, more or less, Fayetteville, Washington County, Arkansas.
Subject to any easements and/or right-of-ways of record.
3
RECEIVED
JAMES N. McCORD APR 2 5 2008
Attorney at Law
217 E. DICKSON STREET
CITY OF
CITY CLERKSFFiL E
SUITE #102
FAYETTEVILLE, ARKANSAS 72701
TELEPHONE (479) 695-1134
FACSIMLE (479) 442-1490
immccordlawAalltel.net
April 25, 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. 29- Ruskin Heights 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. 29- Ruskin Heights 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. ,
f
(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,
000 - lG
?atnes . McCord
pe: Kit Williams, City Attorney
Edward Davis
RECEIVED
NOTICEAPR 25 2008
YOUR SIGNATURE HEREON SHOWS?Y^ AcY
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 FAYETfEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 29- RUSKIN HEIGHTS SUBDIVISION
INFRASTRUCTURE PROJECT
For its petition to form Fayetteville Municipal Property Owners'
Improvement District No. 29- Ruskin Heights 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: Edward Davis, Morgan Hooker and
Dirk Van Veen .
5. Petitioner proposes that the name of the district be Fayetteville
Municipal Property Owners' Improvement District No. 29- Ruskin Heights
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. 29-
Ruskin Heights 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 24th day of April, 2008.
Ruskin Heights, LLC
An Arkansas limited liability company
By:
Ed and Davis, Authorized member
c.. � "
EXHIBIT "A"
BOUNDARY DESCRIPTION - RUSKIN HEIGHTS
A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE SOUTHWEST
QUARTER (SW1/4) AND THE SOUTHWEST QUARTER (SW1/4) OF THE
SOUTHEAST QUARTER (SE1/4) OF SECTION TWO (2), TOWNSHIP SIXTEEN
(16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A'/z' REBAR LOCATED S87°32'34"E 660.0 FEET FROM A
STONE MONUMENT LOCATED AT THE SOUTHWEST CORNER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 2; THENCE N 03°38'07" E 441.29 FEET Y' REBAR; THENCE N
87°33'26" W 135.00 FEET W' REBAR; THENCE N 03°42'40" E 80.00 FEET ½"
REBAR; THENCE N 87°33'28" W 175.00 FEET Ys" REBAR; THENCE N
03°42'40" E 212.28 FEET Yz" REBAR; THENCE S 87°48'42" E 310.03 FEET Y?
REBAR; THENCE N 03°42'38" E 417.42 FEET TO A' Y2" REBAR LOCATED ON
THE SOUTH RIGHT-OF-WAY OF ARKANSAS HIGHWAY NO. 45 (MISSION
BOULEVARD); THENCE NORTHASTERLY ALONG SAID RIGHT-OF-WAY THE
FOLLOWING: N 69°23'34" E 249.39 FEET TO A'/i' REBAR, ALONG A CURVE
TO THE RIGHT HAVING A RADIUS OF 970.00 FEET, AN ARC LENGTH OF
108.99 FEET AND A CHORD BEARING OF N 72°36'42" EAST 108.93 FEET TO
A'Y2" REBAR, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF
978.84 FEET, AN ARC LENGTH OF 335.04 FEET AND A CHORD BEARING
OF N 85°38'10" E 333.40 FEET TO A' W' REBAR, S 01°04'05" W 12.27 FEET
TO A'/Z' REBAR; S 86°22'14" E 166.88 FEET TO A Yz' REBAR, S 03°35'31" W
1.95 FEET TO A Yz" REBAR, THENCE S 86°28'21" E 252.00 FEET TO A W'
REBAR; THENCE LEAVING SAID RIGHT-OF-WAY AND RUNNING S 03°29'46"
W 825.60 FEET TO A Yz" REBAR LOCATED ON THE NORTH LINE OF THE
PARK PLACE ADDITION PHASE II; THENCE N 85°48'23" W 422.74 FEET TO
A %" REBAR LOCATED AT THE NORTHWEST CORNER OF SAID ADDITION;
THENCE S 03°45'46" W 491.63 FEET ALONG THE WEST LINE OF SAID
ADDITION TO A STONE MONUMENT; THENCE N 87°31'58" W 657.93 FEET
TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 28.93 ACRES,
MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS.
SUBJECT TO ANY EASEMENTS AND/OR RIGHT-OF-WAYS OF RECORD.
RECEIVED
APR 252008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS
PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 29- RUSKIN HEIGHTS 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. 29— Ruskin Heights Subdivision
Infrastructure Project, a copy of which Exhibit "A" is attached hereto and made a
part hereof:
Ruskin Heights, 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 2511 day of April, 2008.
Heritage Land Title of Arkansas, Inc.
By: (AI&&LPrZ4 kkiu&o
A THORIZED E RESEN TIVE
EXHIBIT "A"
BOUNDARY DESCRIPTION - RUSKIN HEIGHTS
A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE SOUTHWEST
QUARTER (SW1/4) AND THE SOUTHWEST QUARTER (SW1/4) OF THE
SOUTHEAST QUARTER (SE1/4) OF SECTION TWO (2), TOWNSHIP SIXTEEN
(16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A Yz" REBAR LOCATED S87°32'34"E 660.0 FEET FROM A
STONE MONUMENT LOCATED AT THE SOUTHWEST CORNER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 2; THENCE N 03°38'07" E 441.29 FEET 14" REBAR; THENCE N
87°33'26" W 135.00 FEET Yz" REBAR; THENCE N 03°42'40" E 80.00 FEET 1/21
REBAR; THENCE N 87°33'28" W 175.00 FEET' /z" REBAR; THENCE N
03°42'40" E 212.28 FEET ½" REBAR; THENCE S 87°48'42" E 310.03 FEET'' /z"
REBAR; THENCE N 03°42'38" E 417.42 FEET TO A'/" REBAR LOCATED ON
THE SOUTH RIGHT-OF-WAY OF ARKANSAS HIGHWAY NO. 45 (MISSION
BOULEVARD); THENCE NORTHASTERLY ALONG SAID RIGHT-OF-WAY THE
FOLLOWING: N 69°23'34" E 249.39 FEET TO A'/i' REBAR, ALONG A CURVE
TO THE RIGHT HAVING A RADIUS OF 970.00 FEET, AN ARC LENGTH OF
108.99 FEET AND A CHORD BEARING OF N 72°36'42" EAST 108.93 FEET TO
A'/i" REBAR, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF
978.84 FEET, AN ARC LENGTH OF 335.04 FEET AND A CHORD BEARING
OF N 85°38'10" E 333.40 FEET TO A'/z" REBAR, S 01°04'05"W 12.27 FEET
TO A %" REBAR; S 86°22'14" E 166.88 FEET TO A' " REBAR, S 03°35'31" W
1.95 FEET TO A''/z" REBAR, THENCE S 86°28'21" E 252.00 FEET TO A''/z"
REBAR; THENCE LEAVING SAID RIGHT-OF-WAY AND RUNNING S 03°29'46"
W 825.60 FEET TO A'' h" REBAR LOCATED ON THE NORTH LINE OF THE
PARK PLACE ADDITION PHASE II; THENCE N 85°48'23" W 422.74 FEET TO
A''/z" REBAR LOCATED AT THE NORTHWEST CORNER OF SAID ADDITION;
THENCE S 03°45'46" W 491.63 FEET ALONG THE WEST LINE OF SAID
ADDITION TO A STONE MONUMENT; THENCE N 87°31'58" W 657.93 FEET
TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 28.93 ACRES,
MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS.
SUBJECT TO ANY EASEMENTS AND/OR RIGHT-OF-WAYS OF RECORD.
(5.9.08) Clarice Pearman - Ords. 5135 & 5136 Page 1
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 5136
May 14, 2008
Publication Charge : $147.70
Subscribed and sworn to before me
This /5 day of %y)17 , 2008.
Notary Public ���s,nIA/TI g .dDb1Az
My Commission Expires: 5 - 6 - 1O /a
Do not pay from Affidavit, an invoice will be sent
I ooMM. FA
4aSAR Y' `: i
RECEIVED
MAY 19 2008
GuY OF
CITY E
CLERKS OFFICE
VXUIMA14Gk NO. 6186 ORDINANCE TO ESTABLISH AND LAY OFF
)EVILLEVEMEN MDISTRIC ONO. OWNERS1atSlli�
ITS SUM' DISTRICT NO, 29 - AUSKIN SUBDIVISION INFRASTRUCTURE PROJ-
REAS, a Petition to farm Fayetteville ARKANSAS
Ipal Property Peters Improvement -District
I - Ruskin Heights Subdivision Infrastructure Project has been filed with the Fayettew'lle Crty
and.
REAS, the City Clerk has presented said petition to the Mayor; end,
REAS, the Mayor has set May 6, 2008, at 690 p.m. as the date end time for hearing befom
yetteville City Council for consideration of said petition; and,
REAS, the Fayetteville City Council has determined from a title DOW Zany certificate of prop-
vnership that those signing the petition constitute all the owners of the real property to be IoceF
he district; and, I
REAS, the Arkansas Municipal Property Owners Improvement District Law provides at Ark.
Ann. Sec. 14.94.106(b)(2) that If the governing body determines that all the owners of the
litle to the real property to be located In the district have cautioned for the lmnmvnrr net la
shall then be its duty by ordinance to establish and lay off the district as define'
to appoint the commissioners named in the peat n.
Ni THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
ARKANSAS:
Section 1: That the real property described in Exhibit attached hereto and made a part here-
of is hereby established end laid off as Fayetteville Municipal Properly Owners' Improvement District
No. 29- Ruskin Heights Subdivision Infrastructure Project for the purpose of constructing, purchas-
ing, accepting as a gift or maintaining facilities for waterworks, recreation, drainage, gas pipelines,
underground trenches and excavations necessary for the Installation by public utilities a municipal
ugRties w electric and telephone distribution systems, sanitary sewers, streets and highways Inctud-
Ing curbs and gutters, and sidewalks, together with facilities related to any of the foregoing. or for
more than one of those purposes. - vI
.
Section 2tr The foliEdward aDavis.individuals are hereby appointed nas commissimws of said krlpmve-
Se tin 3: The Dvi, Moimprov Hooker and Dirk Van Veen. j
Section m name of No.said iRskHeig isdistrictub shall be Fe sir Infrastructure- HeProject, I.
Section 4: The district han not cease exist upon the ied In Ark.
completion Mn.,T of the
Chapter
em4nts, but it shat continue to exist for the purposes authorized In Ark. Code Ann., Tills 14.
Chapter 94.
PASSED AND APPROVED this 6th day of May, 2008. '++
APPROVED: ATTEST:
By:
DAN COODY, Mayor SONDRA E. SMITH City CbrlgDAana.r
Li
EXHIBIT' A*
Description - Ruskin Heights
Quarter (SEI/4) of the Southwest Quarter (SW V4) and the
ant Quarter (SE114) of Section Two (2). Township Sbdeen
more particularity described as follows: '1
Beginning at a 117 rebar located SBr32'34-E 660.0 feet from a stone monument to
Southwest comer of the Southeast Quarter of the Southwest Quarter of said Section
03°38'OrE 441.29 feet to a 1/2' mbar; thence N SP33'26'W 135.00 feet to a 12' n
NO3°4240'E 80.00 feet toe 1/2 rebar; thence N 87°3328'W 175.00 feet to a 172 rob
03'4240'E 212.28 few toe 1/2 rebar; thence S 87°4842E 310.03 feet to a 1)2,
No3°42'38'E 417.42 feet to a 1/2' rebar located omthe South right-of-way of Arkansas
45 (Mission Boulevard); thence Northeasterly along said right-of-way the following:
249.39 feet to a 1/2' rebar. along a curve to the right having a radius of 970.00 feet. an
108.99 feet and a chord bearing of N 72°3S42E 108,93 feet to a 12' rebar, along a
right having a radius of 978.64 feet, an arc length of 335.04 feet and a chord bearing of
333.40 feet :p a 12' rebar, S01°04'05W 12.27 feet to a rebar; SB6°22'14'E 166.88
rebar, 503°35'31 W 1.95 feet to a 177 rebar; thence S86°26'21'E 252.00 feet to a 1/2-r
leaving said right-of-way and running 503°2946W 825.60 feet toe 1/2 rebar located
Northwest corner of said addition; thence 503°4546W 491.E
fition to a stone monument; thence N87°31'58W 657.93 feet
en area of 28.93 acres. more cress, Fayetteville, Washington
Platt to any easements and/or right-of-ways of refwrd. - • �,.•.
RECEIVED
MAY 19 2008
CITY OF FAYETTEVILLE
CITY CLERKS OFFICE
RECEIVED 5/5k
MAY23 3 2008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 29 - RUSKIN HEIGHTS SUBDIVISION INFRASTRUCTURE
PROJECT
COMMISSIONER'S OATH OF OFFICE
I, DIRK VAN VEEN, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL
PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 29-RUSKIN HEIGHTS
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.
DIRK VAN VEEN
STATE OF ARKANSAS
COUNTY OF WASHINGTON
On this the ( )',) I UA%day of May, 2008, before me, the undersigned
notary public, pers nally appeared Dirk Van Veen , 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 h7;gp
ial seal.
SEAL
OFFICIAL SEAL
JENNIFER'D, ELLISON
NOTARY PU6LIC-ARKANSAS
WASHINGTON COUNTY
MY COMMISSION EXPIRES: 06-29-10
RECEIVED
MAY23 3 2008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 29 - RUSKIN HEIGHTS SUBDIVISION INFRASTRUCTURE
PROJECT
COMMISSIONER'S OATH OF OFFICE
I, EDWARD DAVIS, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL
PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 29- RUSKIN HEIGHTS
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.
E WARD DAVIS
STATE OF ARKANSAS
COUNTY OF WASHINGTON
On this th�day of May, 2008, before me, the undersigned
notary public, personally appeared Edward Davis , 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.
908T
VYli1NOTARY(IJBLIC
SEAL
OFFICIAL SEAL
JENNIFER P. ELLISON
N01P 4Y P'JSLiC•ARKOWSA$
WASHING'T'ON COUNTY
MY COMMISSION EXPIRES. 0&28.10
RECEIVED
MAY 232008
CITY CITY OF E
CLERK'S OFFICE
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 29 - RUSKIN HEIGHTS SUBDIVISION INFRASTRUCTURE
PROJECT
COMMISSIONER'S OATH OF OFFICE
I, MORGAN HOOKER, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL
PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 29-RUSKIN HEIGHTS
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.
MORGAN HOOKER
STATE OF ARKANSAS
COUNTY OF WASHINGTON
On this the`day of May, 2008, before me, the undersigned
notary public, personally appeared Morgan Hooker , 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 ht set my
Ohand and official seal.
CTARY P LIC
SEAL
=PUeLv-1
EAL
ELLISON
ARKANSASOUNTYIRES: 06-29-10