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HomeMy WebLinkAboutPetition_AGIO letter_legal• ' • FILED' APR 2 0 2016 IN THE COUNTY COURT OF PULASKI COUNTY, ARKANSS RRY CRAM E IN THE MATTER OF THE ANNEXATION OF CIRCUIT COUNTY CLERIQ CERTAIN TERRITORY LOCATED IN PULASKI COUNTY, ARKANSAS NO. PETITION FOR ANNEXATION Come the Petitioners, the undersigned property owners, and state that they are the owners of all the property hereinafter described and proposed to be annexed and respectfully petition the Court that said lands hereinafter described be annexed to the City of Little Rock, Pulaski County, Arkansas, and in support of said petition state: 1. Legal Description: PROPERTY TO BE ANNEXED TO THE CITY OF LITTLE ROCK, ARKANSAS A PORTION OF SECTION 34 IN T -2 -N, R -14-W, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF THE El /2 SW1 /4 OF SAID SECTION 34; THENCE EASTERLY ALONG THE NORTH LINE OF THE SAID E1/2 SW1 /4 OF SECTION 34, AND ALONG THE PRESENT CITY LIMITS LINE, TO THE NORTHEAST CORNER OF THE SAID 111/2 SW1 /4 OF SECTION 34; THENCE SOUTHERLY ALONG THE EAST LINE OF THE SAID E1/2 SW1 /4 OF SECTION 34, AND THE PRESENT CITY LIMITS LINE, TO THE NORTHWEST CORNER OF THE S1/2 NW1 /4 SE1 /4 OF SAID SECTION 34; THENCE EASTERLY ALONG THE NORTH LINE OF THE SAID S1/2 NW1 /4 SE1 /4, AND ALONG THE PRESENT CITY LIMITS LINE, TO THE NORTHEAST CORNER OF THE SAID S1/2 NW1 /4 SE1/4 OF SECTION 34; THENCE SOUTHERLY ALONG THE EAST LINE OF THE SAID S1/2 NW1 /4 SE1 /4, AND ALONG THE PRESENT CITY LIMITS LINE, TO THE NORTHWEST CORNER OF THE SE1 /4 SEl /4 OF SAID SECTION 34; THENCE EASTERLY ALONG THE NORTH LINE OF THE SAID SE1 /4 SE1 /4 OF SECTION 34, AND ALONG THE PRESENT CITY LIMITS LINE, TO A POINT 200 FEET WEST OF THE NORTHEAST CORNER OF THE SAID SE1 /4 SE1 /4 OF SECTION 34; THENCE SOUTHERLY ALONG A LINE 200 FEET WEST OF AND PARALLEL TO THE EAST LINE OF THE SAID SEl /4 SE1 /4 OF SECTION 34 TO A POINT ON THE SOUTH LINE OF SAID SECTION 34; THENCE WESTERLY ALONG SAID SOUTH LINE OF SECTION 34 TO A POINT ON, THE NORTHERLY RIGHT -OF -WAY LINE OF KANIS ROAD; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT -OF -WAY LINE OF KANIS ROAD TO A POINT WHERE THE SAID NORTHERLY RIGHT -OF -WAY LINE OF KANIS ROAD INTERSECTS THE WEST LINE OF THE E1/2 SW1 /4 OF SAID SECTION 34; THENCE NORTHERLY ALONG THE WEST LINE OF THE SAID E1/2 SW1 /4 OF SECTION 34 TO THE POINT OF BEGINNING. AND 16IOS12 -vl • i THE SWIA NW1 /4 OF SECTION 34 IN T-2-N, R 14-W, PULASKI COUNTY, ARKANSAS. AND ALL THAT PORTION OF SECTION 3, T-1-N, R 14-W, PULASKI COUNTY, ARKANSAS, LYING NORTH OF THE NORTHERLY RIGHT OF WAY LINE OF KANIS ROAD. LESS & EXCEPT THE EAST 370.23 FEET THEREOF. ALL CONTAINING 180 ACRES, MORE OR LESS; 2. That attached hereto and made a part hereof as Exhibit "A" is an accurate map, which reflects the bounds of all land sought to be annexed to the City of Little Rock, Pulaski County, Arkansas, 3. That the land described above and sought to be annexed to the City of Little Rock, Pulaski County, Arkansas, is contiguous to and adjoins an already established boundary of the City of Little Rock and will not create an enclave if annexed as is shown on the map referred to above, which is further verified by a certified surveyor's letter attached hereto and made a part hereof as Exhibit "B ". 4. Petitioners are the sole owners of real estate affected by this petition (the lands described above) and Petitioners own all of the acreage affected, which is verified by a certificate of a licensed abstractor attached hereto and made a part hereof as Exhibit "C". 5. The schedule of services that the annexing city will extend to the area within three (3) years of annexation is as follows: a. Police protection, b. Fire protection, c. Maintenance of public streets, and d. Connection to sanitary sewer service provided by Little Rock Water Reclamation Authority. 6. In accordance with Ark Code Ann. § 14-40 -101, Petitioners have coordinated with the Arkansas Geographic Information Systems Office in the preparation of the property description above and the attached Exhibit "A ". A copy of the letter from the Arkansas Geographic Information Systems Office acknowledging proper coordination is attached as Exhibit "D". 2 iszos12 -vz • • 7. This Petition may be circulated in any number of identical counterparts. All of said counterparts shall be taken and construed as but one Petition. "Petitioners" shall mean the aggregate of all persons signing any of said counterparts. WHEREFORE, Petitioners pray that this court, acting pursuant to Ark. Code Ann. § 14 -40- 609, enter its order annexing the area and territory described in this Petition to the incorporated Emits of the City of Little Rock, and for all other relief as the Court deems just and proper. [SIGNATURE PAGES FOLLOW1 3 1610812 -V 1 • [SIGNATURE PAGE] PETITION FOR ANNEXATION 0 Petitioners name as the persons authorized to act on their behalf in connection with said matter: On behalf of POTLATCHDELTIC REAL ESTATE L.L.C.: David V. Meghreblian Vice President of Real Estate Development 7 Chenal Club Boulevard Little Rock, Arkansas 72223 By: David V. Meghreblian Vice President of Real Estate Development 4 1610$12 -v1 STATE OF ARKANSAS COUNTY OF % - 0 • PETITION FOR ANNEXATION )Ss } ACKNOWLEDGEMENT On this day, before me, the undersigned, a Notary Public acting within and for the County and State set forth above, personally appeared the within named David V. Meghreblian, who stated that he is the Vice President of Real Estate Development for PotlatchDeltic Corporation, a Delaware corporation, and duly authorized in such capacity to execute the foregoing instrument for and in the name and on behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IP4 TESTIMON WHEIZEOF, I have hereunto set my hand and official seal on this y day of 20 TINAKAYWILLIAMS Notary Public— Arkansas Pulaski County commission p 12364806 My Commission EKplras Mar 8, 2028 1610812 -v1 Notary Public U [SIGNATURE PAGE] PETITION FOR ANNEXATION Petitioners name as the persons authorized to act on their behalf in connection with said matter: On behalf of CENTRAL ARKANSAS WATER: C. Tad Bohannon Chief Executive Officer 221 East Capitol Avenue Little Rock, Atka 203 By: C. Tad Bohannon, CEO 6 1610812 -v1 PETITION FOR ANNEXATION STATE OF ARKANSAS ) )ss ACKNOWLEDGEMENT COUNTY OF ) On this day, before me, the undersigned, a Notary Public acting within and for the County and State set forth above, personally appeared the within named C. Tad Bohannon, who stated that he is the Chief Executive Officer for Central Arkansas Water, a public body corporate and politic created under the Consolidated Waterworks Authorization Act, and duly authorized in such capacity to execute the foregoing instrument for and in the name and on behalf of said association, and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. TESTIMONY WHEREOF, I have hereunto set my hand and official seal on this %z� day of � , 2019 M Notary Public My Cammissio Expires: �� e,o�a•�c�a�rrr ca�rr�nt•naaa�reu� (SEAL) 1610812 -vi 9 PROFESSIONAL ENGINEER'S CERTIFICATE The undersigned hereby certifies as follows: 1. The drawing which was prepared by the undersigned on , ' (herein the "Drawing "), is a true and accurate depiction of the real estate described by metes and bounds attached to said Drawing (the "Property "). 2. The boundaries of the Property depicted on the Drawing were established using the metes and bounds legal description. The Drawing accurately sets forth the area of the Property. I The Property is contiguous to an established boundary of the City of Little Rock, Pulaski County, Arkansas 4. enclave. 1629149-v1 The proposed annexation of the Property to the City of Little Rock will not create an a� ;� v P rI T I MUCH � ,r a�3 �? E. ev EXHIBIT A 9 ABSTRACTOR'S CERTIFICATE The undersigned hereby certifies that she has reviewed the legal description of the property described in Exhibit "A ", attached hereto and made a part hereof, and is of the opinion that PotlatchDeltic Real Estate L.L.C., an Arkansas limited liability company, and Central Arkansas Water, a public body corporate and politic created under the Consolidated Waterworks Authorization Act, own 100% of the land proposed to be annexed to the City of Little Rock by that certain Petition to which this Certificate is attached. it J . ABSTRACTOR/A( NT: Vera L. Stevens, AR Lic. # /NPN 9921053 1 _,;� ';T ' • Commercial /Residential Agent f ;.4 = Beach Abstract & Guaranty Company Date: April 12, 2018 r'0 ,`� •, r Certification Date: April 3, 2018, at 7:00 A.M. EXHIBIT 1621661-vi i L��j 0 EXHIBIT "A" • PROPERTY TO BE ANNEXED TO THE CITY OF LITTLE ROCK, ARKANSAS A PORTION OF SECTION 34 IN T -2 -N, R -14 -W, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF THE El /2 SW1 /4 OF SAID SECTION 34; THENCE EASTERLY ALONG THE NORTH LINE OF THE SAID El/2 SW1 /4 OF SECTION 34, AND ALONG THE PRESENT CITY LIMITS LINE, TO THE NORTHEAST CORNER OF THE SAID El /2 SWl /4 OF SECTION 34; THENCE SOUTHERLY ALONG THE EAST LINE OF THE SAID E1/2 SW1 /4 OF SECTION 34, AND THE PRESENT CITY LIMITS LINE, TO THE NORTHWEST CORNER OF THE S1/2 NWI /4 SEI /4 OF SAID SECTION 34; THENCE EASTERLY ALONG THE NORTH LINE OF THE SAID S1/2 NW1 /4 SE1 /4, AND ALONG THE PRESENT CITY LIMITS LINE, TO THE NORTHEAST CORNER OF THE SAID S1/2 NW1 /4 SEl /4 OF SECTION 34; THENCE SOUTHERLY ALONG THE EAST LINE OF THE SAID S1/2 NW1 /4 SEI /4, AND ALONG THE PRESENT CITY LIMITS LINE, TO THE NORTHWEST CORNER OF THE SE1 /4 SEl /4 OF SAID SECTION 34; THENCE EASTERLY ALONG THE NORTH LINE OF THE SAID SE1 /4 SE1 /4 OF SECTION 34, AND ALONG THE PRESENT CITY LIMITS LINE, TO A POINT 200 FEET WEST OF THE NORTHEAST CORNER OF THE SAID SE1 /4 SE1 /4 OF SECTION 34; THENCE SOUTHERLY ALONG A LINE 200 FEET WEST OF AND PARALLEL TO THE EAST LINE OF THE SAID SEI /4 SE1 /4 OF SECTION 34 TO A POINT ON THE SOUTH LINE OF SAID SECTION 34; THENCE WESTERLY ALONG SAID SOUTH LINE OF SECTION 34 TO A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF KANIS ROAD; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT -OF -WAY LINE OF KANIS ROAD TO A POINT WHERE THE SAID NORTHERLY RIGHT -OF -WAY LINE OF KANIS ROAD INTERSECTS THE WEST LINE OF THE E1/2 SW1 /4 OF SAID SECTION 34; THENCE NORTHERLY ALONG THE WEST LINE OF THE SAID El /2 SW1 /4 OF SECTION 34 TO THE POINT OF BEGINNING. AND THE SW1 /4 NW1 /4 OF SECTION 34 IN T -2 -N, R -14-W, PULASKI COUNTY, ARKANSAS. AND ALL THAT PORTION OF SECTION 3, T -1 -N, R -14 -W, PULASKI COUNTY, ARKANSAS, LYING NORTH OF THE NORTHERLY RIGHT -OF -WAY LINE OF KANIS ROAD. LESS & EXCEPT THE EAST 370.23 FEET THEREOF. ALL CONTAINING 180 ACRES, MORE OR LESS. 1621661 -vi ■WA! LIMAr ew � OFFICE April 16, 2018 Mr. Timothy E Daters, PE White - Daters & Associates 24 Rahling Circle Little Rock, AR 72223 RE: City of Little Rock Annexation Coordination Requirement Mr. Daters, Thank you for coordinating with our office as you seek to annex property into the City of Little Rock, AR located in Section 34, Township 2 North, Range 14 West and Section 3, Township 1 North, Range 14 West. This letter represents confirmation that you have properly coordinated with our office (Arkansas GIS Office) as specified in § 14 -40 -101 (Act 914 of 2015) of the 90th General Assembly. Our office will wait completion of any additional steps necessary for the proposed boundary change, which normally comes from the Arkansas Secretary of State Elections Division after any appropriate filing by your County Clerk. Thank you, Jennifer Wheeler, GIS Analyst /Aw Attachments: GIS Office Map of Proposed Annexation Legal Description extracted from survey Secretary of State Municipal Change Checklist EXHIBIT H: \Clty Annexatlons \Citles \Llttle_ Rock\ 20180416\ Doc \20180416_LlttleRack_ Annexation _Coordlnation_Letter.docx 8 D ARKANSAS GIS OFFICE - 1 CAPITOL MALL SUITE 6D • LITTLE ROCK . ARKANSAS . 72201 PHONE (501) 682 -2767 - www.gis.arkansas.gov . FAX (501) 682 -6077 0 PROPERTY T4 BE ANNEXED TO THE CITY OF LITTLE ROCK, ARKANSAS A PORTION GF SECTION 34 IN T -2 -N, 19-14 -W, PULA,SKI COUNTY, ARKANSAS, BEING fwiORE PARTICULARLY DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF THE E1/2 SWI /4 OF SAID SECTION 34; THENCE EASTERLY .ALONG THE NORTH! LIME OF THE SAID E1/2 SW1 /4 OF SECTION 34, AND ALONG THE PRESENT CITY LIMITS LINE, TO THE NORTHEAST CORNER OF THE SAID El/2 SW1 /4 OF SECTION 34; THENCE SOUTHERLY ALONG THE EAST LINE OF THE SAID E1 /2 SW1 /4 OF SECTION 34, AND THE PRESENT CITY LIMIT-3-3 LINE, TO THE NORTf,% EST CORNER OF THE S1 /2 IV,"I /4 SE1 /4 OF SAID SECTION 34; THENCE EASTERLY ALONG THE NORTH LINE OF THE SAID S1/2 NWI /4 SE1 /4, AND ALONG THE PRESENT CITY LIliITS LINE, TO THE NORTHEAST CORNER OF THE SAID S1/2 NV,11 1� SE1 /4 OF SECTION 34;_ THENCE SOUTHERLY ALONG THE EAST LINE OF THE SAID S1 /2 N'` "J1 p Ell/4, AND ALONG THE PRESENT CITY LIMITS LINE, TO THE NORTHWEST CORNER OF THE SE1 /4 SE1 /4 OF SAID SECTION 34; THENCE EASTERLY ALONG THE NORTH LIME OF THE SAID SE1 /4 SE1/11 OF SECTION 34, AND ALONG THE PRESENT CITY LIMITS LINE, TO A POINT 100 FEET WEST OF THE NORTHEAST CORNER OF THE SAID SE1 /4- SE1/41 OF SECTION 34; THENCE SOUTHERLY ,DLO ;NG A LINE 200 FEET WEST OF AND PARALLEL TO THE EAST LINE OF THE SAID SE1 /4 SE1 /4 OF SECTION 34 TO A POINT ON THE SOUTH LINE OF SAID SECTION 34; THENCE WESTERLY ALONG SAID SOUTH LINE OF SECTION 34 TO A POINT ON THE NORTHERLY FIGHT -OF -WAY LIME OF KANIS ROAD; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT- OF -VVAY LINE OF KANIS ROAD TO A POINT 'NHERE THE SAID NORTHERLY RIGHT -OF -WAY LINE OF KANIS ROAD INTERSECTS THE WEST LINE OF THE E1/2 SWI /4 OF SAID SECTION 34; THENCE NORTHERLY ALONG THE INEST LINE OF THE SAID E1 /2 SVO /4 OF SECTION 34 TO THE POINT OF BEGINNING. MWA THE SW 1 /4 NIN I /4 OF SECTION 34 IN 7-2 -N, R -14 -N PULASKI COUNTY, ARKANSAS. AND ALL THAT PORTION OF SECTION 3, T -1 -N, R -14 -W, PULASKI COUNTY, ARKANSAS, LYING NORTH OF THE NORTHERLY ;SIGHT -OF -WAY LINE OF KANIS ROAD. LESS & EXCEPT THE EAST 370.23 FEET THEREOF. ALL CONTAINING 180 ACRES, MDRE OR LESS. 1 0 Municipal Annexation, Detachment, and Incorporation Reference Annexation of Territories Contiguous to County Seat A.C.A §14 -40 -201 Annexation of Territories in another Judicial District (multiple county seats) A.C.A. §14 -40 -202 Annexation of City Park or Airport (automatic) A.C.A § 14 -40 -204 Annexation of building on boundary of two municipalities (written notice) A.C.A. § 14 -40 -207 Annexation by Election (contiguous land) A.C.A. §14-40-302 Annexation of land in adjoining County A.C.A § 14 -40 -401 Annexation of surrounded unincorporated area (island/doughnut holes) by ordinance A.C.A. § 14 -40 -501 Annexation by Petition of majority of Landowners A.C.A. §14-40-602 Annexation by Petition of all Landowners A.C.A §14 -40 -609 Consolidation of two municipalities by Election A.C.A § 14 -40- 1201 Annexation with Detachment from another municipality at landowner request A.C.A § 14 -40 -2001 Annexation with Detachment from adjoining city at city request A.C.A. § 14 -40 -2101 Detachment of Land annexed by petition under §14 -40 -601 A.C.A §14 -40 -608 Detachment of municipal lands back to County by election A.C.A. § 14 -40 -1801 Detachment of unsuitable land by municipal resolution A.C.A § 14 -40 -1901 Incorporation by direct petition of landowners A.C.A § 14 -38 -101 Incorporation by petition for special election A.C.A §14 -38 -115 Surrender of Charter (Disincorporation) by second class city A.C.A §14-39-101