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19345ORDINANCE NO. 19,345 AN ORDINANCE ESTABLISHING THE PROMENADE MUNICIPAL PROPERTY OWNERS MULTI - PURPOSE IMPROVEMENT DISTRICT NO. 10 OF LITTLE ROCK, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, property owners, claiming to be all the owners of record title of real property located within the territory hereinafter described have filed petitions on July 6, 2005, praying that a municipal property owners improvement district be established pursuant to Ark. Code Ann. Title 14, Chapter 94 for the purposes herein set out, and WHEREAS, the Board of Directors of the City of Little Rock, Arkansas has authority to create such a municipal property owners improvement district in that all of the said territory lies completely within the boundaries of said municipality, and WHEREAS, the Board of Directors of the City of Little Rock, Arkansas has heard all the parties desiring to be heard, and has ascertained that said petitions were signed by all the owners of real property within said territory, now, therefore, IT IS ORDAINED by the Board of Directors of the City of Little Rock, Arkansas: Section 1. There is hereby established a municipal property owners improvement district embracing the property in the City of Little Rock, State of Arkansas, described in the attached Exhibit A, for the purposes of (i) constructing such street and road improvements as may be depicted in the map attached hereto; and to open, grade, drain, pave, curb, gutter or otherwise improve such other streets, roads, highways, and every other way for passage and use of vehicles, and including sidewalks, pedestrian trails and walkways, viaducts, underpasses and appurtenant lighting, within the boundaries of the district if the property of the district will be benefited thereby, and such purposes shall include the acquisition of rights of way; (ii) constructing water mains along various streets and roadways and additional water mains at other locations within the District as may be depicted on the map attached as Exhibit B and other appurtenant water improvements within the boundaries of the District if the property of the District will be benefited 582134 -v I thereby; (iii) constructing sanitary sewer mains and storm sewers as may be depicted on the map attached as Exhibit B and other appurtenant sewer improvements within the boundaries of the District if the property of the District will be benefited thereby; (iv) acquiring and constructing electric junction boxes, electric conduits, underground power lines, street lighting and other electric utility improvements as may be depicted on the map attached hereto as Exhibit B within the boundaries of the District if the property of the District will be benefited thereby; (v) all other purposes authorized by Ark. Code Ann. Title 14, Chapter 94 and amendments thereto; and (vi) paying the costs associated with such improvements including, but not limited to, engineering, legal, environmental surveys, governmental approvals and permits; and (vii) conducting any and all other acts which shall be deemed necessary in order to purchase, construct, accept as a gift, operate and maintain any and all improvements authorized therein Said purposes are to be accomplished in the manner and with the materials that the commissioners for the district shall deem to be in the best interest of the district and as specified by law. The cost of the project shall be assessed upon the real property of the district according to the benefits received. Section 2. Said district shall be known as the "Promenade Municipal Property Owners Multi- Purpose Improvement District No. 10 of Little Rock, Arkansas" (the "District "); and Ray C. Dillon, Clefton D. Vaughan and W. Bayless Rowe, who are the persons nominated in the petition, are hereby named commissioners and shall compose the initial Board of Commissioners of the District. Section 3. Emergency. It is hereby found and declared that an immediate need exists for the street and other improvements in order to achieve the most cost effective financing for the accomplishing of the Master Street Plan of the City. It is, therefore, declared that an emergency exists. This Ordinance, being necessary for the immediate preservation of the public peace, health and safety, shall take effect and be in force from and after its passage. 582134 -v1 PASSED: July 12, 2005 APPROVED: ,a Barbara Graves, Vice Mayor ATTEST: Nan4 Wood, ity Clerk APPRO ED AS TO FORM: I , CA Thomas M. Carpenter, City Attorn 582134 -v I CERTIFICATE STATE OF ARKANSAS COUNTY OF PULASKI I, Nancy Wood, City Clerk, within and for the City of Little Rock, Arkansas do hereby certify that the foregoing is a true and correct copy of Ordinance No. 19,345 of the Ordinances of the City of Little Rock, Arkansas entitled: "AN ORDINANCE ESTABLISHING THE PROMENADE MUNICIPAL PROPERTY OWNERS MULTI - PURPOSE IMPROVEMENT DISTRICT NO. 10 OF LITTLE ROCK, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;" passed by the Board of Directors of the City on July 12, 2005. 2005. IN WITNESS WHEREOF, I have hereunto set my hand and seal office this 12th day of July, Nanc Wood, Ylty Clerk goof u►n� •�`����tY CLF ,� • C,IT y • -- 'r' -OF- Y = X82134 —v1 4 1 *:4:11 II I". PROMENADE MUNICIPAL PROPERTY OWNERS MULTI- PURPOSE IMPROVEMENT DISTRICT NO. 10 OF LITTLE ROCK, ARKANSAS A TRACT OF LAND IN SECTION 36, T -2 -N, R -14 -W, PULASKI COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS: STARTING AT THE CENTER OF SAID SECTION 36; THENCE SOl °02' 12 "W ALONG THE EASTERLY LINE OF THE NE 1/4 SW 1/4, SAID SECTION 36, 1021.60 FT. TO A POINT ON THE CENTERLINE OF CHENAL PARKWAY; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE, BEING THE ARC OF A 2864.80 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S12 00117 "E, 208.28 FT.; THENCE S80 °03'43 "W, 80.00 FT. TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF SAID CHENAL PARKWAY; THENCE NORTHWESTERLY ALONG SAID WEST RIGHT -OF -WAY LINE, BEING THE ARC OF A 2784.80 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N11 °54'08 "E, 190.89 FT.; THENCE S76 °08'01 "E AND CONTINUING ALONG SAID WEST RIGHT -OF -WAY LINE, 10.00 FT.; THENCE NORTHWESTERLY AND CONTINUING ALONG SAID WEST RIGHT -OF -WAY LINE, BEING THE ARC OF A 2774.80 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N 17 °21'59 "W, 338,81 FT. TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF LA GRANDE DRIVE AND THE POINT OF BEGINNING; THENCE NORTHWESTERLY AND CONTINUING ALONG SAID WEST RIGHT -OF -WAY LINE OF CHENAL PARKWAY, BEING THE ARC OF A 2774.80 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N220 21' 10 "W, 144.68 FT.; THENCE N66'09'1 I "E AND CONTINUING ALONG SAID WEST RIGHT -OF -WAY LINE, 10.00 FT.; THENCE NORTHWESTERLY AND CONTINUING ALONG SAID WEST RIGHT -OF -WAY LINE, BEING THE ARC OF A 2784.79 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF N27 044'23 "W, 378.14 FT.; THENCE N31 °38'39 "W AND CONTINUING ALONG SAID WEST RIGHT -OF -WAY LINE, 1010.69 FT.; THENCE S58 021'21 "W AND CONTINUING ALONG SAID WEST RIGHT -OF -WAY LINE 20.00 FT. THENCE N31 038'39 "W AND CONTINUING ALONG SAID WEST RIGHT -OF -WAY LINE, 482.16 FT.; THENCE S82 021'20 "W, 47.80 FT.; THENCE S58 001'02 "W, 188.45 FT.; THENCE SOUTHWESTERLY ALONG THE ARC OF A 1377.39 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S32 °27' 10 "W, 1188.76 FT.; THENCE S06 °53' 18 "W, 260.67 FT.; THENCE SOUTHEASTERLY ALONG THE ARC OF A 38.00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S34 021'33 "E, 50.11 FT.; THENCE S75 °3624 "E, 164.70 FT.; THENCE SOUTHEASTERLY ALONG THE ARC OF A 480.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF' S58 058'09 "E, 274.87 FT.; THENCE S42 019'53 "E, 176.95 FT., THENCE SOUTHEASTERLY ALONG THE ARC OF A 370,00 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S75 004'07 "E, 400.18 FT.; THENCE N7201 1'39"E, 209.34 FT. TO A POINT ON THE SAID NORTH RIGHT -OF -WAY LINE OF LA GRANDE DRIVE; THENCE N72'1 1'39"E ALONG SAID NORTH RIGHT -OF -WAY LINE, 40.22 FT., THENCE EASTERLY AND CONTINUING ALONG SAID NORTH RIGHT -OF -WAY LINE, BEING THE ARC OF A 507.46 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N88052'1 8"E, 291.26 FT.; THENCE S74 °27'04 "E AND CONTINUING ALONG SAID NORTH RIGHT -OF -WAY LINE, 198.07 FT.; THENCE EASTERLY AND CONTINUING ALONG SAID NORTH RIGHT -OF -WAY LINE BEING THE ARC OF A 447.46 FT. RADIUS CURVE TO THE LEFT, A CHORD BEARING AND DISTANCE OF S85 °33' 19 "E, 172.35 FT.; THENCE N68 °10'36 "E AND CONTINUING ALONG SAID NORTH RIGHT -OF -WAY LINE, 47.40 FT.; THENCE 582134 -v1 N29 029'01 "E AND CONTINUING ALONG SAID NORTH RIGHT -OF -WAY LINE, 68.76 FT. TO THE POINT OF' BEGINNING, CONTAINING 47.8804 ACRES MORE OR LESS. 582134 -v1 A -2