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HomeMy WebLinkAboutAmended Petition for AnnexationIN THE COUNTY COURT OF PULASKI COUNTY, ARKANSAS IN THE MATTER OF THE ANNEXING TO THE CITY OF LITTLE ROCK, ARKANSAS OF CERTAIN TERRITORY, LOCATED IN SECTIONS 1 AND 12, TOWNSHIP 1 NORTH, RANGE 14 WEST, CONTIGUOUS TO THE CITY OF LITTLE ROCK, ARKANSAS. CASE CI- 2017 -019 AMENDED PETITION FOR ANNEXATION COME NOW the Petitioners, by and through their attorney, Don A. Eilbott- Attorney, PLC, as property owners of the following described area, being in the Southwest Quarter of Section 1, Township I North, Range 14 West, and also, a part of the Northeast Quarter of the Northwest Quarter of Section 12, Township 1 North, Range 14 West, and as and for their Amended Petition for Annexation and state: 1. On August 31, 2017, Petitioners filed herein their Petition for Annexation seeking the annexation of certain real property to the legal boundaries of the City of Little Rock, Arkansas; to wit: • Tract A. The East 100 feet of the North 300 feet of Tract 1 Iris Addition in the NE, NE, NE, SW of Section 1, Township 1 North, Range 14 West containing 1.69 acres more or less and owned by Donny and Sheila Head. Together with all interior public street rights -of -way and including all adjacent public street rights -of -way that are contiguous to those as described in Little Rock city ordinance 20253 filed at Pulaski County Circuit /County Clerk as instrument 2010- 026771 containing 0.10 acres more or less. • Tract B. Part of the South 5 acres of Lot 1 of the Iris Addition less and except the South 100 feet of the West 200 feet in the S 1/2, NE, NE, SW of Section 1, Township 1 North, Range 14 West containing 4.54 acres more or less and owned by Beverly Ann Bowman • Tract C. South 240 feet of the East' /2 of Lot 2 of the Iris Addition in the SE, NW, NE, SW of Section 1, Township 1 North, Range 14 West containing 1.77 acres more or less and owned by John C Childs III. AND that part of Layman Lane that is contiguous to Tract C and the above described Tract B which is described as part of the South 5 acres of Lot 1 of the Iris Addition less and except the South 100 feet of the West 200 feet in the S1 /2, NE, NE, SW of Section 1, Township 1 North, Range 14 West containing 4.54 acres more or less and owned by Beverly Ann Bowman. • Tract D. West ' /z of Lot 2 and North 420 feet of the East %2 less and except 195 feet of Lot 2 of the Iris Addition in the NW, NE, SW of Section 1, Township 1 North, Range 14 West containing 5.98 acres more or less and owned by Vaps Investment Group LLC. • Tract E. Lots 6 and 7, Lot 10 and the North 31.5 acres of Lot 11. and Lots 15 thru 18 in of the Iris Addition in the SW of Section 1, Township 1 North, Range 14 West and the N1 /2, NE, NW of Section 12, Township 1 North, Range 14 West containing 72.07 acres more or less and owned by The Glenda C Pehrson Family Limited Partnership. • Tract F. The South 6 acres of Tract 11 of the Iris Addition in the NE, SW, SW of Section 1, Township 1 North, Range 14 West containing 6 acres more or less and owned by The Glenda C Pehrson Family Limited Partnership. • Tract G. 9 1/2 acres of Lot 24 of the Iris Addition in the SW, NE, NW of Section 12, Township 1 North, Range 14 containing 9.5 acres more or less and owned by The Glenda C Pehrson Family Limited Partnership. • Tract H. Lot A of the Iris Addition in the NW NE SW of Section 1, Township 1 North, Range 14 West containing 0.96 acres more or less and owned by Ken & Nancy Shephard. AND ALSO, that part of Layman Road that is contiguous to Tract I. • Tract I. Part of lot 1 of the Iris Addition more particularly described as beginning at the NW corner of lot 1 of the Iris Addition thence East 170 feet more or less, South 286 feet more or less, West 170 feet more or less thence North 286 feet more or less to the point of beginning all in the NE NE SW of Section 1, Township 1 North, Range 14 West containing 1.12 acres more or less and owned by O.B & Kathryn Baker. • Tract J. Part of lot 1 of the Iris Addition more particularly described as commencing at the NE corner of Lot 1 of Iris Addition thence S88* 14'24" West 337.35 feet to point of beginning thence SO *01'00" East 281.66 feet thence S87 *33'49" West 154.22 feet, thence North 284.01 feet thence N88 *26'08" East 154.13 feet to the point of beginning 2 all in the NE NE SW of Section 1, Township 1 North, Range 14 West containing 1 acre more or less and owned by Glenda Cook Isclaw. • Tract K. Part of lot 1 of the Iris Addition more particularly described as commencing at the NE corner of lot 1 of the Iris Addition thence S88* 14'24" West 100 feet to the point of beginning thence continue S88* 14'24" West 240 feet thence South 281.66 feet thence East 240 feet thence North 281.66 feet to the point of beginning all in the NE NE SW of Section 1, Township 1 North, Range 14 West containing 1.56 acres more or less and owned by O.B & Kathryn Baker. • Tract L Lot B of the Iris Addition in Section 1, Township 1 North, Range 14 West and owned by Terry B Shaw. AND ALSO, that part of Layman Road that is contiguous to Tract B and Tract I. All of same being referred to as the "Annexed Lands" To also include all portions of "Tele Road" that are contiguous to the Annexed Lands. 2. Due to various scrivener's errors certain administrative matters were not correctly set forth in said Petition and it is the purpose of this Amended Petition to correct same. 3. That the land described above should include all portions of "Tele Road" that are contiguous to the Annexed Lands. 4. That the Annexed Lands described above and sought to be annexed to the City of Little Rock, Arkansas are contiguous to and adjoin an already established boundary of the City of Little Rock, Arkansas as shown and reflected on exhibits attached to the original Petition. 5. Further said Annexed Lands are all urban in nature and are suitable for use and zoned for residential and other urban usage and purposes. 6. Further said Annexed Lands, sought to be annexed, constitute a material, logical and reasonable extension to the corporate city limits and legal boundaries of the City of Little Rock, Arkansas. 3 7. The Petitioners as set forth and as joining in the original Petition constitute a majority of the total number of real estate owners in the area affected by the original Petition and further said Petitioners own more than one half of the acreage affected by the original Petition in accordance with Arkansas Code Annotated § 14 -40 -601. 8. Further the City of Little Rock Arkansas shall extend the following services to the Annexed Lands within three years after annexation comes final; to wit: a. Police protection and assistance; b. Fire protection assistance; c. Street and road maintenance; d. Permission for connection to water and wastewater systems; e. Sanitation and trash pickup services, and: f. Municipal Code enforcement services. 9. That the Petitioners, by their Petition, seek a hearing and proper determination by the County Court of Pulaski County, Arkansas and by the County Judge of Pulaski County, Arkansas that said original Petition and this Amended Petition meet the requirements of the law, that due and proper notice have been given in accordance with the law and that annexation as sought herein is just and proper and in the best interest of Pulaski County Arkansas, the City of Little Rock, Arkansas and the residents and citizens of the affected area WHEREFORE, the Petitioners pray as in their original petition, including but not limited to a request that this Court set a date for hearing of the original Petition and this Amended Petition, and that upon such hearing that this Court enter its order annexing the Annexed Lands 4 to the corporate. limits of the City of Little Rock, Arkansas and for all other relief as this court shall deem just and proper. By: /s /Don A. Eilbott Don A. Eilbott Arkansas Bar Number 74042 Don A. Eilbott- Attorney, PLC Attorney for Post Office Box 23870 Little Rock, Arkansas 72221 -3870 Telephone: (501) 225 -2885 E -mail: dae _,eilbottlaw.com 5