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HomeMy WebLinkAbout13375I 2 RESOLUTION NO. 13,375 3 A RESOLUTION TO AUTHORIZE THE LITTLE ROCK SANITARY 4 SEWER COMMITTEE TO SEEK VOLUNTARY ANNEXATION OF 5 CERTAIN PROPERTIES USED FOR SANITARY SEWER FACILITIES; 6 TO AUTHORIZE A PETITION TO THE PULASKI COUNTY COURT 7 FOR SUCH ANNEXATION; AND FOR OTHER PURPOSES. 8 9 WHEREAS, it is the desire of the City of Little Rock, Arkansas, ( "the City") acting through the Lit - 10 tle Rock Sanitary Sewer Committee ( "the Committee "), voluntarily to annex property located within Pu- 11 laski County (the County") that is adjacent to, and adjoining, the corporate limits of the City; and, 12 WHEREAS, pursuant to Ark. Code Ann. §§ 14 -40 -601 to -608 (West 2004), as may be amended, a 13 voluntary annexation can be accomplished upon petition to the County Court; and, 14 WHEREAS, it is the desire of the City Board of Directors that the details to move forward and com- 15 plete this annexation be carried out by the Committee since the property more fully described below is 16 held by the City for the use and benefit of the Committee; 17 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 18 OF LITTLE ROCK, ARKANSAS: 19 Section 1. The Committee is authorized to petition the Pulaski County Court to seek annexation of 20 the properties more fully described below, and to file any other necessary papers to achieve this annexa- 21 tion. 22 Section 2. The Mayor, City Manager, City Clerk and City Attorney are authorized to execute any 23 and all documents necessary to effect such annexation. 24 Section 3. The property to be annexed is more fully described in "Exhibit A" which is attached 25 hereto. 26 Section 4. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, 27 or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 28 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 29 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 30 resolution. 31 Section 5. Repealer. All laws and parts of laws inconsistent with the provisions of this resolution 32 are hereby repealed to the extent of such inconsistency. 33 ADOPTED: October 3, 2011 [PAGE 1 OF 4] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Susan �,ley, City Clerk APPR nE AS TO LEGAL FORM: Thomas M. Carpenter, City orney H H H H H H H H H H H H H H H H H H H H H H H H H H APPROVED: Mark Stodola, Mayor [PAGE 2 OF 41 2 Fourche Creek Wastewater Treatment Facility 3 Property Site 4 Tract1, Tract 2, and Tract 3 5 6 EXHIBIT "A" 8 LEGAL DESCRIPTION 10 11 Tract 1 12 13 All of the S' /z of the NW %, and the N'h of the SW %4 of Section 23, and a part of the S'h of the 14 NE %, and the N' /2 of the SE %, of Section 22, T -1 -N, R -11 -W, of the 5th Principal Meridian, Pu- 15 laski County, Arkansas, being more particularly described, as follows: 16 17 Commencing at a found PK nail, said PK nail being the NW Corner of the S' /2 of the NE% of 18 Section 22; thence S86 048'20 "E, to a found '/2" rebar, said ' /z" rebar also being on the East Right 19 of Way line of Frazier Pike (a 120 -foot Right -of -Way), a distance of 59.67 feet, and the Point of 20 Beginning for the land herein described; thence S87 050'03 "E, along the South line of Little Rock 21 Port Industrial Park, a distance of 1546.71 feet to a set 1/2" rebar with cap; thence S29 °12'32 "E, 22 along the West Right -of -Way of the Fourche Island Drainage District #2, (a 70 -foot Right -of- 23 Way), a distance of 1347.29 feet to a set '/2" rebar with cap; thence continue along said Right - 24 of -Way, S75 045'30 "E, to the West line of the S' /2 of the NW% of Section 23, a distance of 25 310.33 feet to a set '/2" rebar with cap; thence N01 033'36 "E, along the West line of said S/2 of 26 the NW %, a distance of 1218.61 feet to the NW Corner of the S' /2 of the NW'/4 of Section 23; 27 thence S87 050'15 "E, along the North line of the S' /2 of the NW% of Section 23, a distance of 28 2640.53 feet, to the NE Corner of the S' /2 of the NW% of Section 23; thence S01 °33'36 "W, 29 along the East line of the S'h of the NW %4 of Section 23, a distance of 1328.53 feet, to a set' /2" 3o rebar with cap for the SE Corner of the S1/2 of the NW% of Section 23; thence continue 31 S01 °33'36 "W, along the East line of the N'h of the SW% of Section 23, a distance of 1328.29 32 feet, to a found '/2" rebar with cap being the SE Corner of said N' /z of the SW% of Section 23; 33 thence N87 040'20 "W, 2636.25 feet to the SW Corner of said N' /2 of the SW %: thence 34 N87 040 "20 'VV, a distance of 100.00 feet, to a set 1/2" rebar with cap; thence N01 °22'32 "E, a dis- 35 tance of 1328.38 feet to a set '/2" rebar with cap; thence N73 041'19 "W, a distance of 286.37 36 feet, to a found 5/8" rebar; thence N29 °12'32 "W, a distance of 239.17 feet, to a found '/2 rebar 37 with cap; thence S60 047'27 "W, a distance of 80.00 feet to a set '/2" rebar with cap; thence 38 N29 012'32 "W, a distance of 200.00 feet to a set 1/2" rebar with cap; thence N60 °47'27 "E, a dis- 39 tance of 80.00 feet to a set Y2" rebar with cap; thence N29 012'32 "W, a distance of 910.34 feet, to 4o a found '/2' rebar; thence N87 °50'03 "W, to a set '/2" rebar and cap on the East Right -of- Way of 41 Frazier Pike (a 120 -foot Right -of -Way), a distance of 1471.42 feet; thence N01 °33'34 "E, along 42 said Right -of -Way, a distance of 100.03 feet to the Point of Beginning containing 7,498,605 43 square -feet or 172.14 acres, more or less. 44 45 46 47 48 [PAGE 3 of 41 1 Tract 2 3 All lands lying South of and West of the centerline of Old Fourche Creek being a part of the 4 SW %4 of the NE% of Section 23, T -1 -N, R -11 -W of the 5th Principal Meridian, Pulaski County, s Arkansas, being more particularly described, as follows: 6 7 Commencing at a found '/2" rebar with cap, said rebar and cap also being the SE Corner of the s N'/2 of the SW% of Section 23, T -1 -N, R -11 -W, thence N01 °33'36 "E, along the West line of the 9 N'h of the SW% of Section 23, a distance of 1328.29 feet to a set 1/2" rebar with cap for the SW 10 Corner of the said SW %4 of the NE'/4 of Section 23 and the Point of Beginning; thence 11 N01 °33'36 "E, along said West line of said SW% of the NE% of Section 23, to a point on the cen- 12 terline of Old Fourche Creek, a distance of 225.00 feet; thence meandering along said center - 13 line of Old Fourche Creek, the following bearings and distances; S89 025'32 "E, a distance of 14 187.40 feet; N69 °13'39 "E, a distance of 62.00 feet; thence N86 011'09 "E, a distance of 345.70 15 feet; thence S23 051'14 "E, to the South line of the said SW% of the NE% of Section 23, a dis- 16 tance of 323.90 feet; thence N87 046'33 "W, along the South line of the SW% of the NE% of Sec - 17 tion 23, 728.10 feet to the Point of Beginning, said lands contained within the above described 18 tract comprised of approximately 170,737 square -feet or 3.92 acres, more or less. 19 20 21 Tract 3 22 23 All lands lying South of and West of the centerline of Old Fourche Creek and all accretions all 24 lying within the N' /z of the SE% of Section 23, T-1 -N R -11 -W, of the 5th Principal Meridian, Pu- 25 laski County, Arkansas, said N' /z of the SE' /4 Section 23, being more particularly described, as 26 follows: 27 28 Beginning at a found '/2" rebar with cap, for the Point of Beginning, said found ' /z" rebar with cap, 29 also being the SW Corner of the N'/ of the SW %4 of Section 23, T -1 -N, R -11 -W; thence 3o N01 °33'36 "E, along the West line of the N'/2 of the SE'/4 of Section 23, a distance of 1328.29 31 feet to a set '/2" rebar and cap for the NW Corner of the N' /2 of the SE' /4 of Section 23; thence 32 S87 046'33 "E, along the North line of said N' /2 of the SE %, to the NE Corner of the N' /2 of the 33 SE'/4 of Section 23, a distance of 2642.69 feet; thence S01 °33'36 "W, a distance of 1329.20 feet 34 to the SE Corner of said N' /z of the SE %4 of Section 23; thence N87 °45'21 "W, a distance of 35 2642.69 feet to the Point of Beginning, said lands contained within the above described tract 36 comprised of approximately 1,589,940 square -feet or 36.50 acres, more or less. 37 38 Subject to the following: 39 40 1. Easement to Fourche Island Drainage District No. 2, recorded in Deed Book 504, Page 41 437, records of Pulaski County, Arkansas. 42 2. Overflowing, submerging, and flooding rights, etc., of the United States of America, as 43 set out in Civil Case #LR -67 -C -131, and judgment in United States District Court record - 44 ed in Book 25, Page 54. 45 3. Warranty Easement Deed Number 201071381, recorded in the records of Pulaski Coun- 46 ty, Arkansas. 47 48 The property consists of a total of 9,259,282 square -feet or 213 acres, more or less. 49 [PAGE 4 OF 41