HomeMy WebLinkAboutCypress Bend Properties - Petition for Annexation into the City of Little RockCypress Bend Properties, LLC
11708 Kanis Road
Little Rock, AR 72211
April 9, 2021
Walter Malone
Department of Planning and Development
723 West Markham
Little Rock, AR 72201
RE: Annexation Request for 33.68 acre parcel into the City of Little Rock.
Dear Mr. Malone:
Cypress Bend Properties is requesting the annexation of a 33.68 acre parcel into the City
of Little Rock. We are requesting the annexation application be submitted to the Planning
Commission at the June 10, 2021 meeting. The parcel is also part of a PRD Application being
submitted to the Planning Commission at the June 10th meeting for Rosemary Villas at Chenal,
which is a 55+ Gated Community. This parcel is urban in nature and is adjacent to and
contiguous with the current city boundaries. Cypress Bend Properties, LLC is requesting the
annexation be approved to allow access to the following services: police protection and
assistance, fire protection and assistance, street and road maintenance, connection to water and
wastewater systems, sanitation services and municipal code enforcement services. I have
included for your reference the Petition for Annexation, Boundary Survey, Approval from the
the Department of Transformation and Shared Services, Assessor's Verification and the Circuit
Clerk's Verification . The Judge will sign the Petition on or before April 26, 2021.
If you have any questions regarding this application, please contact me at (501) 416-0801.
Sincerely,
Randy Alberius
Randy Alberius
Cypress Bend Properties, LLC
FILED
MAR 19 2021
TERRI HOLLINGSWORTH
CIRCUIT COUNTY CLERK
IN THE COUNTY COURT OF PULASKI COUNTY, ARKANSAS
IN THE MATTER OF ANNEXING TO Case No. 2 L' 2 t - 9
THE CITY OF LITTLE ROCK, ARKANSAS
CERTAIN TERRITORY LOCATED IN THE
SE1/4 SE 1/4 OF SECTION 35 AND THE SW 1/4
SE 1/4 OF SECTION 35, TOWNSHIP 2 NORTH,
RANGE 14 WEST, PULASKI COUNTY,
ARKANSAS, INCLUDING ALL ADJACENT
RIGHTS OF WAY, CONTIGUOUS TO THE
CITY OF LITTLE ROCK, ARKANSAS
PETITION FOR ANNEXATION
Comes now the Petitioner, CYPRESS BEND PROPERTIES, LLC., by and through its
attorneys, Kutak Rock, LLP, as the property owner of the following described area (the
"Property"):
A part of the Southeast Quarter of the Southeast Quarter of Section 35 and a part
of the Southwest Quarter of the Southeast Quarter of Section 35, lying in
Township 2 North, Range 14 West, Pulaski County, Arkansas and being more
fully described as follows: Commencing at a Found Axel, marking the Southeast
Corner of the Southeast Quarter of the Southeast Quarter of Section 35 and run
thence North 01 deg. 35 min. 44 sec. East along the East line thereof for a
distance of 205.18 feet to a point on the North Right -of -Way line of Kanis Road;
thence North 88 deg. 01 min. 19 sec. West along said North Right -of -Way line for
a distance of 107.89 feet; thence North 87 deg. 40 min. 59 sec. West along said
North Right -of -Way line for a distance of 215.43 feet to the Southwest Corner of
Tract 15, Independence Farms Subdivision, Unit 1, also being the Point of
Beginning of the land herein described; thence North 01 deg. 07 min. 05 sec. East
along the West line of said Tract 15 for a distance of 318.90 feet; thence South 87
deg. 27 min. 22 sec. East for a distance of 215.45 feet, to a point on the East line
of said Tract 15; thence North 01 deg. 07 min. 05 sec. East along the East line of
said Tract 15 for a distance of 283.10 feet to a Found 1" Pinched Pipe, being the
Northwest Corner of Tract 14, Independence Farms Subdivision, Unit 1; thence
South 87 deg. 27 min. 22 sec. East along the North line of said Tract 14 for a
distance of 13.37 feet; thence North 44 deg. 13 min. 06 sec. West for a distance of
323.44 feet to a point on the East line of the West 990 feet of the Southeast
Quarter of the Southeast Quarter of Section 35; thence North 00 deg. 46 min. 58
sec. East along said East line for a distance of 321.91 feet to a point on the North
4825-4900-3233.1
IN THE COUNTY COURT OF PULASKI COUNTY, ARKANSAS
IN THE MATTER OF ANNEXING TO
THE CITY OF LITTLE ROCK, ARKANSAS
CERTAIN TERRITORY LOCATED IN THE
SE 1/4 SE 1/4 OF SECTION 35 AND THE SW 1/4
SE 1/4 OF SECTION 35, TOWNSHIP 2 NORTH,
RANGE 14 WEST, PULASKI COUNTY,
ARKANSAS, INCLUDING ALL ADJACENT
RIGHTS OF WAY, CONTIGUOUS TO THE
CITY OF LITTLE ROCK, ARKANSAS
PETITION FOR ANNEXATION
Case No.
Comes now the Petitioner, CYPRESS BEND PROPERTIES, LLC., by and through its
attorneys, Kutak Rock, LLP, as the property owner of the following described area (the
"Property"):
A part of the Southeast Quarter of the Southeast Quarter of Section 35 and a part
of the Southwest Quarter of the Southeast Quarter of Section 35, lying in
Township 2 North, Range 14 West, Pulaski County, Arkansas and being more
fully described as follows: Commencing at a Found Axel, marking the Southeast
Corner of the Southeast Quarter of the Southeast Quarter of Section 35 and run
thence North 01 deg. 35 min. 44 sec. East along the East line thereof for a
distance of 205.18 feet to a point on the North Right -of -Way line of Kanis Road;
thence North 88 deg. 01 min. 19 sec. West along said North Right -of -Way line for
a distance of 107.89 feet; thence North 87 deg. 40 min. 59 sec. West along said
North Right -of -Way line for a distance of 215.43 feet to the Southwest Corner of
Tract 15, Independence Farms Subdivision, Unit 1, also being the Point of
Beginning of the land herein described; thence North 01 deg. 07 min. 05 sec. East
along the West line of said Tract 15 for a distance of 318.90 feet; thence South 87
deg. 27 min. 22 sec. East for a distance of 215.45 feet, to a point on the East line
of said Tract 15; thence North 01 deg. 07 min. 05 sec. East along the East line of
said Tract 15 for a distance of 283.10 feet to a Found 1" Pinched Pipe, being the
Northwest Corner of Tract 14, Independence Farms Subdivision, Unit 1; thence
South 87 deg. 27 min. 22 sec. East along the North line of said Tract 14 for a
distance of 13.37 feet; thence North 44 deg. 13 min. 06 sec. West for a distance of
323.44 feet to a point on the East line of the West 990 feet of the Southeast
Quarter of the Southeast Quarter of Section 35; thence North 00 deg. 46 min. 58
sec. East along said East line for a distance of 321.91 feet to a point on the North
4825-4900-3233.1
line of said Southeast Quarter of the Southeast Quarter of Section 35; thence
North 88 deg. 41 min. 06 sec. West along the North line of said Southeast Quarter
the Southeast Quarter of Section 35 for a distance of 1031.13 feet, to the
Northeast Corner of the Southwest Quarter of the Southeast Quarter of said
Section 35; thence North 88 deg. 41 min. 06 see. West along said North line for a
distance of 438.85 feet; thence South 26 deg. 46 min. 22sec. East for a distance of
112.22 feet Found Bolt on the North line of Tract 17, Independence Farms, Unit
No. l; thence South 00 deg. 11 min. 59 sec. East for a distance of 581.98 feet to a
Found Rebar with Cap on the North Right -of -Way line of Kanis Road; thence
South 66 deg. 05 min. 54 sec. East along said North Right -of -Way line for a
distance of 67.74 feet to a Point of Curvature of a curve to the right that has a
delta angle of 03 deg. 38 min. 12 sec., a radius of 1597.99 feet; a chord bearing
and distance of South 64 deg. 16 min. 48 sec. East for 101.41 feet; thence 107.89
feet along said North right-of-way line to the Point of Tangency of said curve to
the right; thence South 62 deg. 29 min. 56 sec. East along said North right-of-way
line for a distance of 251.99 feet; thence South 63 deg. 02 min. 39 sec. East along
said North Right -of -Way line for a distance of 35.25 feet; thence South 64 deg. 06
min. 26 sec. East along said North Right -of -Way line for a distance of 360.21 feet
to the Point of Curvature of a curve to the left that has a delta angle of 21 deg. 46
min. 12 sec., a radius of 1336.03 feet, a chord bearing and distance of South 74
deg. 59 min. 32 sec. East for 504.59 feet; thence an arc distance of 507.63 feet
along said North Right -of -Way line to the Point of Tangency of said curve to the
left; thence South 88 deg. 19 min. 18 sec. East along said North Right -of -Way
line for a distance of 178.27 feet to the Point of Beginning, containing
1,466,990.45 square feet or 33.68 acres, more or less.
1. Petitioner hereby petitions the County Court of Pulaski County, Arkansas, to
annex the Property to the City of Little Rock, Arkansas.
2. Petitioner has signed this Petition before a notary and is the sole owner of the
Property and accordingly 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's ownership
of the Property is evidenced by the letter from Waco Title Company attached as Exhibit A.
3. Randy Alberius, the Authorized Member of Petitioner, is a certified Surveyor and
by his verification of this Petition confirms that the Property is contiguous to and adjoins the
present city limits of the City of Little Rock, and no enclaves will be created if the Property is
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4825-4900-3233.1
annexed to the City of Little Rock, which fact is further evidenced by the survey prepared by Mr.
Alberius and attached hereto as Exhibit B.
4. The Property is urban in nature and is suitable for urban usage and purposes.
5. The Property constitutes a material, logical and reasonable extension to the
corporate city limits and legal boundaries of the City of Little Rock, Arkansas.
6. If annexed, the City of Little Rock shall extend the following services to the
Property within three years after annexation comes final:
a. Police protection and assistance;
b. Fire protection and 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.
7. Petitioner has coordinated its request to annex the Property with the Arkansas
Department of Transformation and Shared Services in accordance with Ark. Code Ann.
§14-40-101, as evidenced by the letter attached hereto as Exhibit C.
8. Petitioner 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 the 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.
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4825-4900-3233.1
KUTAK ROCK LLP,
attorneys for Petitioner
By: ajwa6
Amy C. Bagnall
Ark. Bar No. 2008035
124 W. Capitol Ave., Ste. 2000
Little Rock, AR 72201
501-975-3000
amy.bagnall@kutakrock.com
VERIFICATION
STATE OF ARKANSAS
COUNTY OF PULASKI
The undersigned member and duly appointed representative of Cypress Bend Properties,
LLC., an Arkansas limited liability company, does hereby certify on oath that the facts and
matters set forth in the Petition for Annexation are true and correct.
F
Randy Alberius, Authorized Member
SUBSCRIBED AND SWORN TO, before me, a Notary Public within and for the state
and county above stated the 18th day of March 2021.
NOTARY PUBLIC
My Commission Expires:
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