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Home My WebLink Aboutagio letter filedARKANSAS GIS OFFICE Department of Transformation and Shared Services Governor Asa Hutchinson Secretary Amy Fecher Director Shelby Johnson FILED OCT 09 2020 TERRI HOLLINGSWORTH CIRCUIT COUNTY CLERK October 9, 2020 Mr. Brian Dale, P.E. Vice President - White- Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 RE: City of Little Rock Annexation Coordination Requirement Mr. Dale, Thank you for coordinating with our office as you seek to annex property into the City of Little Rock, AR described as the "Hastings" annex and located in Section 7, Township 1 North, Range 13 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 Attachments. GIS Office Map of Proposed Annexation Legal Description Secretary of State Municipal Change Checklist H:\ City_ Annexations\ Cities \Little_ Rock \20201009 \Doc \20201009_Little Rock_ Annexation _Coordination_Letter.docx ARKANSAS GIS OFFICE 1 Capitol Mall, Suite CD Little Rock, AR 72241 • 501.682.2767 gis.arkansas.gov • transform.ar.gov IN THE COUNTY COURT OF PULASKI COUNTY, ARKANSAS IN THE MATTER OF THE ANNEXING To THE CI'T'Y OF LITTLE ROCK, ARKANSAS OF CERTAIN TERRITORY, LOCATED IN THE NE 1/4 NE 1/4 OF SECTION 7, TOWNSHIP -I- NORTH, RANGE-13-WEST, PULASKI COUNTY, ARKANSAS, INCLUDING ALL ADJACENT RIGHTS OF WAY, CONTIGUOUS TO THE CITY OF LITTLE ROCK, ARKANSAS. CASE PETITION FOR ANNEXATION COME NOW the Petitioners, MOON DISTRIBUTORS, INC., doing business as HASTINGS REALTY COMPANY, for the use and benefit of GRAHAM SMITH CONSTRUCTION, LLC, by and through their attorney, Don A. Eilbott- Attorney, PLC, as property owners of the following described area, to wit. NE 1/4 NE 1/4 OF SECTION 7, TOWNSHIP-1-NORTH, RANGE-13 -WEST, PULASKI COUNTY, ARKANSAS For its Petition for Annexation it states. 1. Petitioner files herein its Petition for Annexation seeking the annexation of certain real property to the legal boundaries of the City of Little Rock, Arkansas; to wit: NE 1/4 NE 1/4 OF SECTION 7, TOWNSHIP-1-NORTH, RANGE-13-WEST, PULASKI COUNTY, ARKANSAS 2. 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 this Petition. 1 3. Further said Annexed Lands are all urban in nature and are suitable for use and zoned for residential and other urban usage and purposes. 4. 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. 5. The Petitioner as set forth and as joining in this Petition constitute all (100 %) of the total number of real estate owners in the area affected by the Petition and accordingly said Petitioner owns more than one half of the acreage affected by the Petition in accordance with Arkansas Code Annotated § 144M41 and § 1440-09. Petitioner further states that this Petition is signed before a notary by one hundred percent ( 100 %) of the real estate owners owning one hundred percent (100 %) of the acreage in said area and that the area to be annexed does not contain property whose owners do not wish to have their property annexed. 6. Accompanying this petition is a ti #le opinion verifying that the Petitioner is the owner of record of the relevant properties attached hereto as Exhibit A, 7. That said property described herein is contiguous to and adjoining the present City of Little Rock, Arkansas limits, and no enclaves will be created as demonstrated on the Survey attached hereto as Exhibit B. 8. Further the City of Little Rock Arkansas shall extend the following services to the Annexed Lands within three years after annexation cones final; to wit: a. Police protection and assistance; b. Fire protection assistance; c. Street and road maintenance; 2 d. Permission for connection to water and wastewater systems; e. Sanitation and trash pickup services, and: f. Municipal Code enforcement services. 8. That the Petitioner by its Petition, seeks a hearing and proper determination by the County Court of Pulaski County, Arkansas and by the County Judge of Pulaski County, Arkansas, that said Petition meets the requirements of 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 the affected area. WHEREFORE the Petitioner prays that this Court set a date for hearing of this Petition and that upon such hearing that this Court enter its order annexing the Annexed Lands 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. Ellbott-Attomey, PLC Attorney for Petitioner Post OU'ice Box 23870 Little Rock, Arkansas 72221-3870 Telephone: (501) 225-2885 E-mail: dae@eilbottlaw.com 3 VERIFICATION STATE OF ARKANSAS COUNTY OF PULASKI The undersigned officer and duly appointed corporate representative MOON DISTRIBUTORS, INC., doing business as HASTINGS REALTY COMPANY, does hereby certify on oath that the facts and matters set forth in the above Petition for Annexation are true and correct, specifically including that l\,JQON DISTRIBUTORS, INC., doing business as HASTINGS REALTY COMPANY, is the sole owner the lands sought to he annexed, that said property described herein is contiguous to and adjoining the present City Little Rock, Arkansas limits, and no enclaves will be created. AUTHORIZED OFFICIAL SUBSCRIBED AND SWORN TO, before me a Notary Public within and for the state and county above stated the 1st day of Oct., 2020 NOTARY PUBLIC My Commission Expires Gina Marie Fulmer Arkansas - Lonoke County Notary Public - Comm# 12391882 My Commission Expires Feb 18, 2023 4 County: Arkansas Secretary of State John Thurston Arkansas Secretary of State, 500 Woodlane Ave, Little Rock, AR 722014094 Municipal Boundary Change Checklist City Ordinance /Resolution No: County Court Case No: Type. Act 655 of 2017 and A.C.A. §1440 -103 City /Town: Date approved: Date Order Filed: (Choose from the list of Arkansas Code Sections located on the back) Date Change Effective: Set by: OMunicipal Ordinance 0 Emergency Clause Ocourt 0 Default (Required by Act 655 of 2017) For Circuit Court Challenge: Date Order Filed: Please indicate which ward(s) the territory will be assigned to: Initiating party: Upheld Overturned 0 Other (attach explanation (See A. CA § 1440 -203) 0All Landowners 0 Majority Landowners OMunicipal Governing Body OState 00ther Supporting Documentation attached (check all that apply): ❑ File marked copy of City Ordinance /Resolution (required) ❑ File marked copy of County Court Order or certified annexation election results (required exceptforA.C.A. §1440 -501) ❑ Copy of Arkansas GIS approved printed map and certification letter (required) ❑ Proof of Publication for all Legal Notices (include Hearing, Election, and City Ordinance /Resolution notices) ❑ File marked copy of Petition Part (if applicable) ❑ File marked copy of Complaint and final Circuit Court Order (Court Challenge only) Municipal Contact: Name. Street Address. Title: City: St: Zip code: Complete one form per ordinance /resolution, attach it as a cover page to the supporting document set and submit to the County Clerk's Office within 45 days of the Effective Date as required by Act 655 of 2017 County Official: Signature: Date: Title: Pursuant to Act 655 of 2017, County Officials must submit a file- marked copy of municipal boundary change documents within 30 days of receipt to: Arkansas Secretary of State, Attn: Municipal Boundary Filing, 500 Woodlane Ave Suite 256, Little Rock, AR 72201 -1094 Office of the Arkansas Secretary of State use only Received by: Rev. 2/2019 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. § 1440 -202 Annexation of City Park or Airport (automatic) A.C.A § 1440 -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 § 1440 401 Annexation of surrounded unincorporated area (island /doughnut holes) by ordinance A.C.A. § 1440 -501 Annexation by Petition of majority of Landowners A.C.A. § 1440 -602 Annexation by Petition of all Landowners A.C.A § 1440 -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 § 1440 -2001 Annexation with Detachment from adjoining city at city request A.C.A § 14-40 -2101 Detachment of Land annexed by petition under § 1440 -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 -3 8-101 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