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HomeMy WebLinkAboutfiled petitionIN THE COUNTY COURT OF PULASKI COUNTY, ARKANSAS FILED OCT 09 2020 TERRI HOLLINGSWORTH CIRCUIT COUNTY CLERK IN THE MATTER OF THE ANNEXING TO THE CITY OF LITTLE ROCK, ARKANSAS OF CERTAIN TERRITORY, LOCATED IN THE NE 1/4 NE 1/4 OF SECTION 7, TOWNSHIP-1-NORTH, RANGE-13-WEST, PULASKI COUNTY, ARKANSAS, INCLUDING ALL ADJACENT RIGHTS OF WAY, CONTIGUOUS TO THE CITY OF LITTLE ROCK, ARKANSAS. CASE C 12 5Z 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 §14-40-601 and §14-40-609. 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 title 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 comes 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. 9. 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 of 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. Eilbott - Attorney, PLC Attorney for Petitioner Post Office 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 of 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 MOON DISTRIBUTORS, INC., doing business as HASTINGS REALTY COMPANY, is the sole owner of the lands sought to be annexed, that said property described herein is contiguous to and adjoining the present City of 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