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1310 s ORDINANCE NO. 1310 ( #9 — 07) AN ORDINANCE TO ESTABLISH AND DESIGNATE THE JACKSONVILLE DISTRICT IR IMPROVEMENT NO. 5 (LEGACY CENTER OF DUPREE FARMS); DECLARING AN EMERGENCY; AND FOR ALL OTHER PURPOSES. WHEREAS, a Petition to form the Jacksonville Municipal Property Owners' Multipurpose Improvement District No. 5 (Legacy Center of Dupree Farms) has been filed with the Jacksonville City Clerk; WHEREAS, the City Clerk has presented the petition to the Mayor, and the Mayor and City Council have set April 19, 2007, at 7:10 p.m. as the date and time for a hearing before the Jacksonville City Council for consideration of said Petition; WHEREAS, the Jacksonville City Council has determined from Certificate of Property Ownership that those signing the Petition constitute all the owners of the real property to be located in said District at this time; and, WHEREAS, Arkansas law provides that the municipality's governing body establish by ordinance and designate such a District after review and approval of said Petition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION ONE; The real property described in Exhibit "A ", which is attached hereto and made a part hereof, is hereby established and laid off as Jacksonville Municipal Property Owners' Multipurpose Improvement District No. 5 (Legacy Center of Dupree Farms) for the purpose of constructing and installing facilities for waterworks, recreation, drainage, gas pipelines, underground trenches and excavations necessary for the installation of electric and telephone distribution systems, sanitary sewers, streets, including curbs, gutters, and sidewalks, together with facilities related to any of the foregoing within said District. SECTION TWO; The following three (3) individuals are hereby appointed as the initial commissioners of said Improvement District: Lawrence Dupree; Judith Beale; and, Danny Beale. SECTION THREE; The name of the Improvement District in question shall be the Jacksonville Municipal Property Owners' Multipurpose Improvement District No. 5 (Legacy Center of Dupree Farms). SECTION FOUR: All Ordinances and parts thereof in conflict herewith are hereby repealed to the extent of said conflict. 000206 ORDINANCE NO. 1310 ( #9 — 07) PAGE TWO SECTION FIVE: The Jacksonville City Council hereby determines that there is a need for additional infrastructure within the City for said project and hereby determines that the passage of this Ordinance will facilitate construction of additional infrastructure within the City. Therefore, an emergency is hereby declared to and welfare, r shall be in full force and effect from and afterr health, its passage and approval. AND ADOPTED THIS Ilk DAY OF APRIL, 2007. CITY OF JACKSONVILLE, ARKANSAS • TOMMY SWAIM, AYOR ATTEST: SUSAN D ' ITT, CITY LERK APP AS TO «'MA • Amara, 0� ROBE 'T E. BA : ' ATTOR t I LEGAL DESCRIPTION: PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND PART OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 27, T -3 -N, R -11 -W, JACKSONVILLE, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 27, T -3 -N, R -11 -W; THENCE N88 °23' 10 "W, ALONG THE SOUTH LINE OF SAID SECTION 27, A DISTANCE OF 3132.93 FEET TO THE CENTER LINE OF ONEIDA STREET; THENCE N26 °26'04 "E, ALONG SAID CENTER LINE, A DISTANCE OF 456.18 FEET; THENCE LEAVING SAID CENTER LINE S88 °44'08 "E, A DISTANCE OF 466.38 FEET TO THE SOUTHWEST CORNER OF LOT 125 NORTHLAKE SUBDIVISION PHASE II AS RECORDED AS DOCUMENT NO. 78 -50110 IN PLAT BOOK A -183, PAGE NO. 78 -50110 IN THE PULASKI COUNTY COURTHOUSE; THENCE CONTINUING ALONG THE BOUNDARY OF SAID NORTHLAKE SUBDIVISION PHASE II THE FOLLOWING CALLS; S88 °44'08 "E, A DISTANCE OF 1380.87 FEET; THENCE N13 °39'40 "W, A DISTANCE OF 731.86 FEET; THENCE N76 °20'20 "E, A DISTANCE OF 60.00 FEET; THENCE N13 °39'40 "W, A DISTANCE OF 182.10 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, T -3 -N, R -11 -W; THENCE LEAVING SAID SUBDIVISION BOUNDARY ALONG THE NORTH LINE OF SAID SE'/, SPA, S88 °25'42 "E, A DISTANCE OF 1268.52 FEET TO THE EAST LINE OF SAID SECTION 27; THENCE S01 °14'29 "W, ALONG SAID EAST LINE A DISTANCE OF 1323.74 FEET TO THE POINT OF BEGINNING CONTAINING 54.08 ACRES, MORE OR LESS. BASIS OF BEARINGS: GRID NORTH - ARKANSAS STATE PLANE COORDINATES, 1983 \\BOND \Company \BCE Jobs \4500 - 4999 Series Jobs \4805 Dupree Farm Survey \LEGAL.doc ■ LEGAL DESCRIPTION: PART OF SECTIONS 35 AND 36, T -3 -N, R -11 -W, JACKSONVILLE, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 36, T -3 -N, R -11 -W THENCE S87 °49'38 "E ALONG THE NORTH LINE OF SAID SECTION 36 A DISTANCE OF 1417.28 FEET TO THE SOUTHERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY 67 -167 AND THE POINT OF' BEGINNING; THENCE CONTINUING S87 °49'38 "E ALONG SAID NORTH LINE A DISTANCE OF 588.46 FEET; THENCE LEAVING SAID NORTH LINE S01 °30'16 "W A DISTANCE OF 1328.34 FEET; THENCE S87 °55'49 "E A DISTANCE OF 666.71 FEET; THENCE S87 °57'03 "E A DISTANCE OF 2115.07 FEET TO THE NORTHERLY RIGHT -OF- WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE S56 °09'36 "W A DISTANCE OF 3159.07 FEET; THENCE N29 °50'22 "E A DISTANCE OF 1441.64 FEET; THENCE N83 °12'36 "W A DISTANCE OF 472.47 FEET; THENCE N58 °32'56 "W A DISTANCE OF 1099.53 FEET; THENCE S84 °09'30 "W A DISTANCE OF 1060.09 FEET; THENCE N73 °47' 16 "W A DISTANCE OF 4.06 FEET TO THE SOUTHERLY RIGHT -OF -WAY LINE OF AN ENTERGY TRANSMISSION LINE; THENCE S46 °33'24 "W A DISTANCE OF 576.84 FEET TO THE EAST LINE OF SECTION 35, T -3 -N, R -11 -W; THENCE CONTINUING S46 °33'24 "W A DISTANCE OF 2922.53 FEET TO THE EAST RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY 440; THENCE ALONG SAID I -440 RIGHT -OF -WAY LINE THE FOLLOWING CALLS; N07 °21'02 "E, 78.56 FEET; THENCE N07 °21'03 "E, 329.61 FEET; THENCE N10 °58'19 "E, 227.56 FEET; THENCE N17 °35'52 "E, 189.99 FEET; THENCE N23 °24'30 "E, 188.83 FEET; THENCE N29 °30'35 "E, 189.23 FEET; THENCE N35 °38'15 "E, 189.56 FEET; THENCE N41 °34'07 "E, 190.07 FEET; THENCE N46 °52'22 "E, 240.91 FEET; THENCE N51 °52'25 "E, 147.44 FEET TO THE SOUTHERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY 67 -167; THENCE ALONG THE SOUTHERLY RIGHT -OF -WAY N51 °52'25 "E A DISTANCE OF 1637.07 FEET TO THE WEST LINE OF SECTION 36, T -3 -N, R -11 -W; THENCE CONTINUING ALONG SAID RIGHT -OF -WAY LINE N51 °52'25 "E A DISTANCE OF 1833.65 FEET TO THE POINT OF BEGINNING, CONTAINING 133.016 ACRES, MORE OR LESS. BASIS OF BEARINGS GRID NORTH - ARKANSAS STATE PLANE COORDINATES 1983 \ \BOND\Company\BCE Jobs \4500 - 4999 Series Jobs \4805 Dupree Farm Survey \LEGAL DESC.doc LEGAL DESCRIPTION: PART OF SECTION 3, T -2 -N, R -11 -W AND PART OF SECTIONS 34 AND 35 IN T -3 -N, R -11 -W, JACKSONVILLE, PULASKI COUNTY, ARKANSAS, BEING MORE 11 PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 34, T -3 -N, R -11 -W; THENCE S88 °23' 10 "E, ALONG THE NORTH LINE OF SAID SECTION 34, A DISTANCE OF 2160.52 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S88 °23' 10 "E, A DISTANCE OF 579.71 FEET TO THE WESTERLY RIGHT -OF -WAY LINE OF INTERSTATE 440; THENCE ALONG SAID INTERSTATE RIGHT -OF -WAY THE FOLLOWING CALLS; S47 °58'45 "E, 529.45 FEET; THENCE S49 °07'29 "E, 500.10 FEET; THENCE S47 °58'45 "E, 1754.78 FEET; THENCE S44 °48'47 "E, 437.82 FEET; THENCE S41 °50'20 "E, 203.80 FEET TO THE WEST LINE OF SECTION 35, T -3 -N, R -11 -W; THENCE CONTINUING S41 °50'20 "E, 290.95 FEET; THENCE S34 °17'35 "E, 481.94 FEET; THENCE S24 °36'29 "E, 451.82 FEET; THENCE S08 °25'17 "E, 531.12 FEET; THENCE S83 °59'42 "W, 184.67 FEET; THENCE S02 °47'17 "W, 99.25 FEET; THENCE S10 °39'08 "E, 140.89 FEET; THENCE S16 °52'53 "W, 183.10 FEET; THENCE S28 °40'30 "W, 266.55 FEET; THENCE S36 °30'28 "W, 697.95 FEET; THENCE S32 °45'58 "W, 24.75 FEET TO THE EAST LINE OF SECTION 34, T -3 -N, R -11 -W; THENCE CONTINUING S32 °45'58 "W, 105.44 FEET; THENCE LEAVING SAID I- 440 RIGHT OF WAY LINE N40 °10'46 "W, A DISTANCE OF 432.10 FEET; THENCE S49 °49'14 "W, A DISTANCE OF 600.00 FEET; THENCE S40 °10'46 "E, A DISTANCE OF 108.32 FEET TO THE NORTH LINE OF SECTION 3, T -2 -N, R -11 -W, THENCE CONTINUING S40 °10'46 "E, A DISTANCE OF 327.27 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY 67 -167; THENCE ALONG SAID RIGHT -OF -WAY ALONG A CURVE TO THE RIGHT (RADIUS = 8035.11 FEET) A CHORD BEARING OF S60 °30' 15 "W, A DISTANCE OF 952.76; THENCE LEAVING SAID HIGHWAY RIGHT -OF -WAY N01 °03'32 "E, A DISTANCE OF 736.21 FEET TO THE SOUTH LINE OF SECTION 34, T -3 -N, R -11 -W; THENCE N88 °23'42 "W, A DISTANCE OF 912.82 FEET; THENCE NO3 °00'00 "E, A DISTANCE OF 900.00 FEET; THENCE N88 °23'42 "W, A DISTANCE OF 200.00 FEET; THENCE S68 °28'05 "W, A DISTANCE OF 540.00 FEET; THENCE S26 °10'29 "W, A DISTANCE OF 171.78 FEET; THENCE N00 °50'28 "E, A DISTANCE OF 2118.35 FEET; THENCE N88 °23'42 "W, A DISTANCE OF 575.64 FEET TO THE EAST LINE OF LITTLE BIG HORN ESTATES SUBDIVISION AS RECORDED AS DOCUMENT NO. 14260 IN PLAT BOOK 32, PAGE 60, IN THE PULASKI COUNTY COURT HOUSE; THENCE ALONG SAID EAST BOUNDARY N21 °33'57 "W, A DISTANCE OF 204.62 FEET; THENCE CONTINUING ALONG SAID BOUNDARY N88 °45'57 "W, A DISTANCE OF 77.61 FEET TO THE EAST RIGHT -OF -WAY AND EASEMENT LINE OF SHOSHONI DRIVE IN THE INDIAN HEAD LAKES ESTATES SUBDIVISION AS RECORDED AS DOCUMENT NO. 8731 IN PLAT BOOK 19, PAGE 90, IN THE PULASKI COUNTY COURT HOUSE; THENCE ALONG SAID RIGHT -OF -WAY AND EASEMENT LINE THE FOLLOWING CALLS; N08 °56'06 "E, 200.82 FEET; THENCE NO3 °14'15 "E, 104.10 FEET; THENCE II N00 °28'09 "W, 103.40 FEET; THENCE N04 °33'53 "W, 105.26 FEET; THENCE N12 °25'26 "W, 57.07 FEET; THENCE N24 °04'20 "W, 184.59 FEET TO THE BOUNDARY OF SAID INDIAN HEAD LAKES ESTATES SUBDIVISION; THENCE LEAVING SAID RIGHT -OF -WAY LINE ALONG SAID BOUNDARY S64 °47'28 "E, I A DISTANCE OF 156.56 FEET; THENCE CONTINUING ALONG SAID BOUNDARY N43 °17'32 "E, A DISTANCE OF 326.62 FEET; THENCE CONTINUING ALONG SAID BOUNDARY N01 °55'12 "E, A DISTANCE OF 675.85 FEET; THENCE CONTINUING ALONG SAID BOUNDARY N56 °28'33 "W, A DISTANCE OF 125.46 FEET TO THE CENTER LINE OF ONEIDA STREET; THENCE N41 °36' 17 "E, ALONG SAID CENTER LINE A DISTANCE OF 135.41 FEET; THENCE CONTINUING ALONG SAID CENTER LINE N23 °18'11 "E, A DISTANCE OF 750.90 FEET TO THE POINT OF BEGINNING, CONTAINING 346.336 ACRES, MORE OR LESS. BASIS OF BEARINGS GRID NORTH - ARKANSAS STATE PLANE COORDINATES 1983 1 ❑ BOND \Company \BCE Jobs\4500 -4999 Series Jobs\4805 Dupree Farrn Survey \LEGAL DESCRIP.doc LEGAL DESCRIPTION: PART OF SECTIONS 26, 34, 35 & 36, T -2 -N, R -11 -W, JACKSONVILLE, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 26, T -3 -N, R -11 -W; THENCE S87 °49 38 E ALONG THE NORTH LINE OF SAID SECTION 36 A DISTANCE OF 952.08 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY 67- 167; THENCE S51 °52'25 "W ALONG SAID RIGHT -OF -WAY LINE A DISTANCE OF 1231.78 FEET TO THE EAST LINE OF SECTION 35, T -3 -N, R -11 -W; THENCE CONTINUING ALONG SAID RIGHT -OF -WAY LINE S51 °50'51 "W A DISTANCE OF 1931.59 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY 440; THENCE ALONG SAID RIGHT -OF -WAY LINE OF I -440 THE FOLLOWING CALLS; S54 °39'49 "W, 513.60 FEET; THENCE S65 °33'59 "W, 485.81 FEET; THENCE S73 °40'29 "W, 420.04 FEET; THENCE S84 °38'26 "W, 278.19 FEET; THENCE N86 °29'42 "W, 472.46 FEET; THENCE N71 °49'42 "W, 477.51 FEET; THENCE N64 °14'45 "W, 491.12 FEET; THENCE N59 °14'45 "W, 491.12 FEET; THENCE N54 °14'47 "W, 491.12 FEET; THENCE N48 °32'43 "W, 112.35 FEET TO THE EAST LINE OF SECTION 34, T -3 -N, R -11 -W; THENCE CONTINUING N48 °32'43 "W, 257.51 FEET; THENCE N47 °58'45 "W, 723.31 FEET; THENCE N49 °53'17 "W, 300.17 FEET; THENCE N47 °58'44 "W, 700.00 FEET; THENCE N44 °09'54 "W, 300.67 FEET; THENCE N47 °58'45 "W, 441.79 FEET TO THE NORTH LINE OF SAID SECTION 34; THENCE LEAVING I -440 RIGHT -OF -WAY LINE S88 °23'10 "E ALONG THE NORTH LINE OF SAID SECTION 34 A DISTANCE OF 2044.13 FEET TO THE SOUTHWEST CORNER OF SECTION 26, T -3 -N, R -11 -W; THENCE N01 °14'29 "E A DISTANCE OF 2647.49 FEET TO THE NORTHWEST CORNER OF THE SOUTH HALF OF SAID SECTION 26; THENCE S88 °22'44 "E A DISTANCE OF 2637.74 FEET TO THE CENTER OF SAID SECTION 26; THENCE SOO°41'15"W A DISTANCE OF 52.31 FEET TO THE CENTERLINE OF BAYOU METO; THENCE ALONG SAID CENTERLINE S69 °33'05 "E A DISTANCE OF 119.94 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N45 °57'53 "E A DISTANCE OF 127.26 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 26; THENCE ALONG SAID SOUTH LINE N88 °22'44 "W A DISTANCE OF 203.32 FEET TO THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NO2 °07'49 "E A DISTANCE OF 2640.07 FEET TO THE NORTH LINE OF SAID SECTION 26; THENCE S88 °13'13 "E ALONG SAID NORTH LINE A DISTANCE OF 1339.38 FEET; THENCE S02 °34'36 "W A DISTANCE OF 2636.59 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 26; THENCE N88 °22'44 "W ALONG SAID SOUTH LINE A DISTANCE OF 836.06 FEET TO THE CENTERLINE OF BAYOU METO; THENCE ALONG SAID CENTERLINE THE FOLLOWING CALLS; S22 °26'26 "W, 251.70 FEET; THENCE S50 °28'42 "E A DISTANCE OF 224.43 FEET; THENCE S84 °54'53 "E, 278.55 FEET; THENCE N65 °34'05 "E, 221.70 FEET; THENCE S29 °07'58 "E, 129.75 FEET; THENCE S44 °12'54 "W, 254.95 FEET; THENCE S24 °48'02 "W, 267.11 FEET; THENCE S02 °05'03 "W, 334.86 FEET; THENCE S25 °24'07 "W, 265.07 FEET; THENCE S32 °46'39 "E, 222.68; THENCE N76 °56'22 "E, 212.32 FEET; THENCE N29 °41'33 "E, 165.49 FEET; THENCE N75 °21'41 "E, 127.71 FEET; THENCE N84 °15'11 "E, 89.79 FEET; THENCE CONTINUING N84 °15'11 "E, 33.39 FEET; THENCE S61 °01'32'E, 113.88 FEET; THENCE S13 °10'01 "E, 101.92 FEET; THENCE S17 °16'13'W, 158.05 FEET; THENCE S24 °05'38 "E, 128.98 FEET; THENCE S75 °36'52 "E, 148.61 FEET; THENCE S38 °28'52 "E, 60.52 FEET; THENCE S27 °17'21 "E, 162.35 FEET; S15 °32'35 "E, 272.16 FEET; THENCE S21 °22'37 "E, 165.89 FEET; THENCE S12 °52'42 "E, 247.76 FEET TO THE NORTH LINE OF SECTION 35, T -3 -N, R -11 -W; THENCE LEAVING SAID CENTER OF BAYOU METO S88 °28'11 "E ALONG THE NORTH LINE OF SAID SECTION 35 A DISTANCE OF 715.73 FEET TO THE POINT OF BEGINNING, CONTAINING 626.01 ACRES, MORE OR LESS. BASIS OF BEARINGS GRID NORTH- ARKANSAS STATE PLANE COORDINATES 1983 1 \ \ BOND \ Company \BCE Jobs \4500 - 4999 Series Jobs \4805 Dupree Farm Survey \LEGAL DESCRIPTION.doc