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HomeMy WebLinkAboutPETITION FOR ANNEXATION and AGIO letterFILED MAY 21 2021 TERRI HOLLINGSWORTH CIRCUIT COUNTY CLERK IN THE COUNTY COURT OF PULASKI COUNTY, ARKANSAS Case No. 2021-13 IN THE MATTER OF ANNEXING TO THE CITY OF LITTLE ROCK, ARKANSAS, CERTAIN PROPERTY LOCATED IN SECTIONS 20 AND 21, TOWNSHIP 1 NORTH, RANGE 11 WEST, PULASKI COUNTY, ARKANSAS, INCLUDING ALL ADJACENT RIGHTS OF WAY, CONTIGUOUS TO THE CITY OF LITTLE ROCK, ARKANSAS. PETITION FOR ANNEXATION Comes now the Petitioners, by and through its attorneys, Dover Dixon Horne PLLC, as the property owners of the following described area (the "Property"): BEING A PORTION OF THE SW I/4 OF THE NEI1/4 & SE1/4 OF SECTION 20, T-1-N, R-11-W; A PORTION OF THE W1/2 OF THE SW 1/4 F SECTION 21, T- 1-N, R-11-W; T-1-N, R-11-W; PULASKI COUNTY, ARKANSAS; MORE PARTICULARLY DESCRIED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SW1/4 NE1/4, OF SAID SECTION 20; THENCE S88°47'33"E ALONG THE NORTH LINE OF SAID SW1/4 NE1/4, A DISTANCE OF 48.19' TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE S88°47'39"E-624.97'; THENCE LEAVING SAID NORTH LINE S00°21'42"E-491.37'; THENCE S00°00'06"W- l37 L85' TO A POINT ON THE NORTHERN RIGHT OF WAY OF ZEUBER ROAD; THENCE S00°39'42"E-70.47' TO A POINT ON THE SOUTHERN RIGHT OF WAY LILNE OF ZEUBER ROAD; THENCE ALONG SAID SOUTH RIGHT OF WAY THE FOLLOWING: (1) S83°16'59"E-415.62' (2) ALONG THE ARC OF A 2919.43' RADIUS CURVE TO THE LEFT, HAVING AN ARC LENGTH OF 168.71' AND CHORD OF S84°56'30"E- 168.69'; (3) S86°35'58"E-936.35', (4) ALONG THE ARC OF A 4921.28' RADIUS CURVE TO THE LEFT, HAVING AN ARC LENGTH OF 190.25' AND CHORD OF S87°42'25"E-190.24' (5) S88°48'52"3-101.62'; (6) S88°48'52"3- 65.00'; (7) S88°49'48"E-35.00'; (8) S88°49'48"E-350.00'; THENCE LEAVING SAID RIGHT OF WAY S01°57'54"W-1941.62' TO A POINT ON THE SOUTHERN LINE OF THE SW1/4 SW1/4, SECTION 21; THENCE ALONG SAID SOUTHERN LINE N88°40'04"W-384.84' TO THE SOUTH WEST CORNER OF SECTION 21; THENCE N01°53'25"E-37.94' ALONG THE WESTERN LINE OF SAID SECTION 21; THENCE N88°37'09"W-2633.32' TO A POINT LOCATED ON THE WEST LINE OF THE SETA OF SECTION 20; THENCE ALONG SAID WEST LINE N02°30'41"E-660.00'; T14ENCE LEAVING SAID WEST LINE OF SECTION 20 N90°00'00"E-50.03'; THENCE N02°06' 19"E-151.47' TO A POINT LOCATED ON THE SOUTHERN RIGHT OF WAY LINE OF ZEUBER ROAD; THENCE N32°48' 16"E-75.79' TO A POINT LOCATED ON THE NORTHERN/EASTERN RIGHT OF WAY LINE OF ZEUBER ROAD; THENCE CONTINUING ALONG SAID RIGHT OF WAY THE FOLLOWING: (1) N11°27'44"W-84.68', (2) N01°15'47"W-150.82', (3) N01°30'22"E-952.99', (4) N01°53'35"E-491.23' BACK TO THE POINT OF BEGINNING; CONTAINING 162 ACRES (MORE OR LESS). LESS AND EXCEPT RIGHT OF WAY FOR ZEUBER ROAD. 1. Petitioners hereby petition the County Court of Pulaski County, Arkansas, to annex the Property to the City of Little Rock, Arkansas. 2. Petitioners have signed this Petition before a Notary and are the owners of the Property and collectively own one hundred percent (100%) of the acreage affected by the Petition in accordance with Arkansas Code Annotated § 14-40-601 and § 14-40-609. Petitioners' ownership of the property is evidenced by the letter from Standard Abstract & Title Company, attached hereto as "Exhibit A". 3. Mr. Daniel Havner 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 annexed into the City of Little Rock. His Verification and a map of the area to be annexed are 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 of 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 (3) years after annexation becomes final: a. Police protection and assistance; -2- b. Fire protection and assistance; c. Street and road maintenance; d. Permission for connection to water and wastewater systems; e. Municipal Code enforcement services. 7. Petitioners have coordinated their 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. Petitioners 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 Petition meets the requirements of the law, and 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. Respectfully Submitted, DOVER DIXON HORNE PLLC Attorneys for Petitioners 425 West Capitol Avenue, Suite 3700 Little Rock, Arkansas 72201 Telephone: (501) 375-9151 Facsimile: (501) 375-6484 By: " K, 4 'Stephen JR. Giles Arkansas Bar No. 75046 -3- STANDARD ABSTRACT & TITLE COMPANY. INC. EST. 1957 Dover Dixon Home PLLC ATTN: Stephen Giles 425 W. Capitol Avenue, Ste. 3700 Little Rock, AR 72201 Re: Ownership of lands described in Proposed "Amazon" Annex: City of Little Rock April 2021 (attached hereto). Dear Mr. Giles: The following is a list of apparent owners of lands described in Proposed "Amazon" Annex: City of Little Rock April 2021 (attached hereto): SOUTHWESTERN BELL, PARCEL 24RO20000110: PT OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 11 WEST, PULASKI COUNTY, ARKANSAS (5810 ZUBER RD, LITTLE ROCK AR 72206); TS LAND LLC, PARCEL 24R0200000200: PT OF THE SW 1/4 OF THE NE 1/4 OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 11 WEST, PULASKI COUNTY, ARKANSAS (PO BOX 1948 FAYETTEVILLE, AR 72702); CITY OF LITTLE ROCK, ARKANSAS, PARCEL 24R0200001701: PT OF THE S 1/2 OF THE SE 1/4 OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 11 WEST, PULASKI COUNTY, ARKANSAS (500 W. MARKHAM STREET, STE. 310, LITTLE ROCK AR 72201-1430); CITY OF LITTLE ROCK, ARKANSAS, PARCEL 24RO200001800: PT OF THE S 1/2 OF THE NE 1/4 AND PT OF THE SE 1/4 OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 11 WEST, PULASKI COUNTY, ARKANSAS (500 W. MARKHAM STREET, STE. 310, LITTLE ROCK AR 72201-1430); EXHIBIT 3420 Old Cantrell Road, Little Rock, Arkansas 72202 (501) 664-1300 (Mailing Address) P.O. Box 7411, Little Rock, Arkansas 72217-7411 FAX Number (501) 664.4672 support@standardabstract.com Mr. Giles April 27, 2021 Page 2 CF BAT LIT LLC, PARCEL 24RO200000500: PT OF THE SE 1/4 OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 11 WEST, PULASKI COUNTY, ARKANSAS (1345 AVE OF THE AMERICAS FL 46, NEW YORK CITY, NY 10105); CF BAT LIT LLC, PARCEL 24RO210000500: PT OF THE SW 1/4 OF THE SW 1/4 OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 11 WEST, PULASKI COUNTY, ARKANSAS (1345 AVE OF THE AMERICAS FL 46, NEW YORK CITY, NY 10105); AND CITY OF LITTLE ROCK, ARKANSAS, PARCEL 24RO210000502: PT OF THE SW 1/4 SW 1/4 OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 11 WEST, PULASKI COUNTY ARKANSAS (500 W. MARKHAM STREET, STE. 310, LITTLE ROCK AR 72201-1430). This is not to be construed as a Title Certificate, Title Opinion or Title Insurance. Our liability is specifically limited to the amount paid for this service. NOTE: We cannot certify as to the accuracy of the mailing addresses because they were taken from the Tax Records of the Pulaski County Assessor's Office. CERTIFIED this 27TH of APRIL, 2021 at 2:00 PM. STANDARD ABSTRACT AND TITLE COMPANY, INC. By: William Baily, Vice President JOE WHITE & ASSOCIATES, INC. CIVIL ENGINEERING - CONSULTING SERVICES - LAND SURVEYING To: Stephen R. Giles Counsel, Dover Dixon Horne, PLLC 425 W. Capitol Ave., Suite 3700 Little Rock, Arkansas 72201 I, Daniel W. Havner, a certified Surveyor with Joe White & Associates, Inc., have reviewed the Property, the surveys and other documents submitted on behalf of the Petitioners requesting the annexation of their properties into the City of Little Rock. On the basis of my review, I confirm that the Property is contiguous to and adjoins the current city limits of the City of Little Rock, and no enclaves will be created if the Property is annexed into the City of Little Rock. VERIFICATION State of Arkansas ) )SS County of Pulaski ) The undersigned Surveyor does hereby certify on oath that the facts and matters set forth in his statement above are true and correct to his best knowledge and belief. Daniel W. Havner Subscribed and sworn to before me, a Notary Public, on this 3rd day of 2021. sac s Al My Commission Expires: 02-03-2024 TAMARA M. GUFFEY Arkansas - Saline County Notary Public - Comm# 12396983 My Commission Expires Feb 3, 2024 EXHIBIT B 25 RAFILING CIRCLE, SUITE A-2 LITTLE ROCK, ARKANSAS 72223 PHONE: (501) 214-9141 Department of Transformation and Shared Services Governor Asa Hutchinson Secretary Amy Fecher Director Shelby Johnson April 19, 2021 Bryan Day Executive Director — Port of Little Rock 10600 Industrial Harbor Drive Little Rock, AR 72206 RE: City of Little Rock Annexation Coordination Requirement Mr. Day, Thank you for coordinating with our office as you seek to annex property into the City of Little Rock, AR described as the "Amazon Annexation" and located in Sections 20 and 21, Township 1 North, Range 11 West. This letter represents confirmation that you have coordinated with our office (Arkansas GIS Office) as specified in § 14-40-101 (Act 914 of 2015) of the 9011 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. Sincerely, Jennifer Wheeler, Sr. GIS Analyst Attachments: GIS Office Map of Proposed Annexation Legal Description Secretary of State Municipal Change Checklist EXHIBIT C H:\City_Annexations\Cities\Little_Rock\20210419\Doc\20210419_Little Rock_ Annexation_ Coordination_Letter.docx Ad ansas Geugraph r. JMnrrnatian Systems .-)01 rV3odlan- - _s ae t, s..iita G04 , Little Rack, AR 72201 301.082.2757 T RA iN -,7 0RIVI AR.GOV VERIFICATION State of Arkansas ) )ss County of Pulaski } The undersigned, the duly authorized signatory of AT&T, owner of Parcel No. 24RO20000110, does hereby certify on oath that the facts and matters set forth in the Petition for Annexation are true and correct. - - 1od rthi, 100 Subscribed and sworn to before me, a Notary Public, day of 2021. L"7tiJ My Commission Expires: NOTARY PUBLIC USA M. ENGEBRETSON STATE OF ARKANSAS - GARLAND COUNTY Commission # 12349247 My Commission Expires 5-16-2026 VERIFICATION State of Arkansas ) )ss County of Pulaski ) The undersigned is the authorized signatory of TS Land LLC, owner of Parcel No. 24R0200000200, does hereby certify on oath that the facts and matters set forth in the Petition for Annexation are true and correct. Kenneth Mourton Subscribed and sworn to before me, a Notary Public, on this day of 2021. My Commission Expires: III ! Angela Calloway NOTARY PUBLIC Washington County, Arkansas Commission # 12403245 My Commission Expires April 1, 2025 -2- VERIFICATION State of Arkansas ) )ss County of Pulaski ) The undersigned, the authorized signatory of CF BAT LIT LLC, owner of Parcel No. 24R0200000500 and Parcel No. 24R0210000500, does hereby certify on oath that the facts and matters set forth in the Petition for Annexation are true and correct. ) /Z l William Turner Subscribed and sworn to before me, a Notary Public, on this 20 day of May 2021, My Commission Expires: DEC. 22, 2021 JUSTINE HARRIS Notary Public- California Los Angeles County Commission # 2226165 My Comm. Expires Dec 22, 2021 F:\DDH Client Files\Little Rock Port Authority - 34713\24\ ANNEXATION OF AMAZON PROPERTY - 34713- 24\DocumentsWerifications (draft 5-5-21).docx -4- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES Subscribed and sworn to (or affirmed) before me on this 20 day of MAY, 2021, by 1,J%LbLHM 'I u2Nr--,Q , proved to me on the basis of satisfactory evidence to be the person who appeared before me. ■,. gym. rn — . Signature JUSTINE HARRIS Notary Public -California Los Angeles County Commission # 2226165 My Comm. Expires Dec 22, 2021 State of Arkansas ) )ss County of Pulaski ) The undersigned is the authorized signatory of the Owner of Parcel No. 24R0200001701, Parcel No. 24R0200001800, and Parcel No. 24R0210000502, does hereby certify on oath that the facts and matters set forth in the Petition for Annexation are true and correct. Mayor Frank Scott Mayor of the City of Little Rock Subscribed and sworn to before me, a Notary Public, on this 13 day of 2021. Ql b0M My Commission Expires: DEBRA WISDOM No. 12705644 PULASKI COUNTY Commission Expires 10-03-2028 -3-