AGENDA
SILOAM SPRINGS BOARD OF DIRECTORS JANUARY 19, 2021 BOARD MEETING / 6:30 PM
Regular Board of Directors Meeting:
Opening of Regularly Scheduled Meeting Call to Order Roll Call Prayer Pledge of Allegiance I. Public Input The public may address the Board of Directors regarding any item on the consent agenda or any city business not listed on the Board’s regular agenda. II. Consent Agenda A. Regular Meeting Minutes, January 5, 2021 B. Resolution 02-21 / Setting Hearing Date for Right-of-Way Vacation / 316 N. Hico Street C. Resolution 03-21 / TAP Grant / Lake Francis Dr. & Washington St. Sidewalk D. Dedication of Utility Easements / 2900 Block of E. Hwy. 412 E. Dedication of Utility Easements / 600 Block of AR Hwy. 16 F. Election of Board of Director / Illinois Water Development Company, Inc. / Siloam Springs Water Resource Company, Inc. / Mayor Judy Nation G. Purchase / Electric Department / Tree Trimming Bucket Truck / Altec Industries / $216,047.00 H. Ground Lease / Airport / Upward Investments, LLC I. Property Purchase / Budget Amendment / Administration / 905 E. University / $30,000 Regularly Scheduled Items Ordinances J. Ordinance 21-01 / 2nd Reading / Annexation of 30.03 acres / 14505 North Country Club Road Staff Reports K. Administrator’s Report III. Directors Reports IV. Adjournment MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF SILOAM SPRINGS, BENTON COUNTY, ARKANSAS, HELD JANUARY 5, 2021
The City of Siloam Springs, Arkansas, met in regular session at the City of Siloam Springs Administration Building on January 5, 2021.
The meeting was called to order by Judy Nation.
Roll Call: Sappington, Hunt, Smiley, Burns, Rissler, Carroll, Allen – Present.
City Representatives Present: Phillip Patterson, City Administrator; Renea Ellis, City Clerk; Ben Rhoads, Sr. City Planner; Jay Williams, City Attorney; Phil Stokes, Electric Director; District Court Judge A.J. Anglin; and Police Chief Allan Gilbert.
Opening prayer. Director Carroll led the opening prayer.
District Court Judge A.J. Anglin then administered the Oath of Office to Mayor Judy Nation and Directors Reid Carroll, Carol Smiley and David Allen.
The next item of business was the election of a Vice-Mayor. Sappington nominated David Allen. Burns nominated Reid Carroll. A voice vote was called. Carroll was elected Vice-Mayor by a 4 to 3 vote.
Public Input: Nathanael Stone, 611 E. Delaware came forward and congratulated the newly elected members and offered a prayer over the directors, employees and the city.
Consent Agenda: A. Regular Meeting Minutes, December 15, 2020 B. Resolution 01-21 / Procedures and Organizational Matters of the Board of Directors C. Dedication of Utility Easements / 21949 and 21948 Estate Drive D. Lease Agreement / Siloam Springs School District / Dark Fiber Optic Cable
Allen pointed out a scrivener’s error in the minutes and asked that items B and D be pulled.
A motion was made by Hunt and seconded by Allen to approve the consent agenda with noted changes. Nation called for a roll call vote. Motion passed unanimously.
Item B. Allen shared his concerns with item. After discussion between the Board and staff, a motion to approve Resolution 01-21, with the noted changes was made by Allen and seconded by Rissler. Motion Passed unanimously.
Item D. Allen stated, regarding the item, that he would like to see the contract that was being voted on, and that he believed all contracts that the board would vote on should be provided in the board packet. After discussion between the board and staff, it was decided that contracts
Board of Directors Meeting Minutes Page | 2 December 15, 2020
would be again included in the board’s packet, but staff memos would remain to make it easier for the board to follow deal points. A motion to approve the item was made by Hunt and seconded by Rissler. Motion passed unanimously.
Item E: Ordinance 20-33 / 3rd Reading / Amending Section 102-21 of the City Municipal Code / Rezoning from R-2 and R-3 to I-1 / 900 Block of East Harvard Street. Ben Rhoads briefed the item. A motion was made by Smiley and seconded by Carroll to place Ordinance 20-33 on its third reading, suspending the rules and reading title only. Motion passed unanimously.
An ordinance entitled: An Ordinance Amending Section 102-21 of the Siloam Springs Municipal Code (City Zoning Map); rezoning (from R-12 and R-3 to I-1) property located at the 900 Block of East Harvard Street; was read on its third reading.
A motion to adopt Ordinance 20-33 was made by Sappington and seconded by Carroll. Motion passed unanimously.
Item F: Ordinance 20-34 / 3rd Reading / Amending Chapter 54 – Annexation / Zoning Permits. Ben Rhoads briefed the item. A motion was made by Carroll and seconded by Smiley to place Ordinance 20-34 on its third reading, suspending the rules and reading title only. Motion passed unanimously.
An ordinance entitled: An Ordinance Amending Chapter 54 (Land Use Code) of the Municipal Code with Respect to Annexation and Zoning Development Permits; was read on its third reading.
A motion to adopt Ordinance 20-34 was made by Smiley and seconded by Sappington. Motion passed unanimously.
Item G: Ordinance 21-01 / 1st Reading / Annexation of 30.03 acres / 14505 North Country Club Road. Ben Rhoads briefed the item. Following questions and comments from the board, a motion was made by Burns and seconded by Smiley to place Ordinance 21-01 on its first reading, suspending the rules and reading by title only. Motion passed unanimously.
An ordinance entitled: An Ordinance Accepting the Annexation of Certain Territory described as The Mission Hill Addition to the City of Siloam Springs, Arkansas and Assigning same to a Ward; was read on its first reading.
Staff Reports: Patterson pointed out that a copy of the November 2020 Financials and the 4th Quarter 2020 2019-2020 Board Goals update had been provided. Patterson went on to report expenditures for Economic Development & Tourism Marketing in the amount of $18,000; $49,477.57 in Sanitation for 55 rear-load dumpsters; and $41,160.00 for pad mount transformer inventory in the Electric department; he announced the Kayak Park was closed through January 11th to allow the county to make repairs to Fisher Ford Road; reported December sales tax was up
Board of Directors Meeting Minutes Page | 3 December 15, 2020
for the city 12.4% and year-to-date 13.8% and up for the county 9.7% and year-to-date 8.1%; he announced the extension of the city’s emergency declaration to March 10th to stay in line with the Governor’s extension for the state until February 28th; and lastly, gave a COVID update.
Mayor Nation said what an honor and privilege it was to serve for the next four years and that she looked forward working with staff; and expressed her condolences to the family of Walter Meeker.
Directors Reports: Allen congratulated Nation on being the first female Mayor of the city; said the Board Rules and Procedures were great, read a portion of the same and that he appreciated the work that went into it; that he thought the decorate the homes was a great idea; and praised Parks & Rec for the great job they had done with the city’s Christmas lights. Burns said he was excited to meet the challenges of 2021, including vaccines to those who wanted it; that quality-of-life projects are exciting; congratulated Anglin and said he would do a great job. Carroll wished the public a Happy New Year; stated how great the holiday season had been; how impressed the citizens were with the city’s lights; and stated there were good things going on to be proud of and look forward to, and he was glad to be a part of. Rissler thanked Nathanael Stone for the prayer; offered condolences to Gwen Suber; and wished the public a safe and prosperous new year. Sappington said she had been counting her blessings; that her heart went out to those less fortunate; that many situations are out of our control and to enjoy the simple pleasures; and lastly that she had, for the first time, went sledding on Simmons Hill and how much she enjoyed it. Smiley welcomed Mayor Nation and David Allen to the board; thanked Anglin for the ceremony; said she appreciated the opportunity to continue to serve the city and accomplishing goals the board had set; that she was thankful for outdoor avenues allowing the opportunity to get out and enjoy, including the trails; that this would be a positive year and that she was very thankful. Hunt echoed Smiley’s comments regarding the outdoor activities; congratulated the winners of the Deck the House contest; welcomed Nation and Allen; and said she looked forward to serving the city with the entire board.
With no further business, a Motion to adjourn was made by Director Hunt and seconded by Director Smiley. A voice vote was called. Motion passed unanimously.
Meeting adjourned. APPROVED:
ATTEST: ______Judy Nation, Mayor
Renea Ellis, City Clerk {seal}
STAFF REPORT
TO: Phillip Patterson, City Administrator FROM: Ben Rhoads, AICP, Senior Planner Cc: Don Clark, Community Development Director DATE: January 6. 2021 RE: Resolution 02-21 / Setting Hearing Date for Right-of-Way Vacation / 316 North Hico Street
Recommendation: Approval of Resolution No. 02-21
Background: On January 9, 2021, a petition was filed by Simmons Foods Inc. and the City of Siloam Springs, to close an unimproved right-of-way in the C.D. Gunter’s Addition, No. 1 Addition of 1882. The north-south alleyway and the east-west alleyway are located in a paved parking area and unimproved area west of the manufacturing facility for Simmons Foods, Inc. located at 316 N. Hico St. Following Arkansas State Statutes, the City is required to set a hearing date for the review of this petition. City staff is recommending Tuesday, February 16, 2021. This date will allow the City Clerk time to make notice, for two consecutive weeks, of the hearing following the rules set for such proceedings. Planning Commission advice is not required for right-of-way closures, however the Commission will be informed of the petition.
Fiscal Impact: Staff is not aware of any fiscal impact at this time.
Attachments: Resolution No. 02-21
RESOLUTION NO. 02-21
A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER CLOSING AN UNIMPROVED RIGHT-OF-WAY, RUNNING NORTH- SOUTH BETWEEN LOTS 1-4 AND LOTS 11-14, AND RUNNING EAST- WEST BETWEEN LOT 10 AND LOT 11, ALL IN BLOCK 3 OF THE C.D. GUNTERS ADDITION NO. 1 TO SILOAM SPRINGS, ARKANSAS.
Whereas, a petition has been filed with the City of Siloam Springs by Simmons Food, Inc., to abandon the unimproved right-of-way referenced above. Said tract being designated, but not used as, an alley; and being more particularly described in Exhibit A (appended hereto); and
Whereas, Arkansas Code Annotated §14-301-302(c) requires that after receiving a petition for closure of right-of-way, the Board of Directors shall set a date for hearing said petition and consideration thereof; Now Therefore:
Be It Resolved, by the Board of Directors of the City of Siloam Springs, as follows:
1. That the City Board of Directors shall hear said petition at its regular meeting to be held at 400 N. Broadway Street, Siloam Springs, Arkansas, at 6:30 p.m. on the 16th day of February 2021.
2. That the City Clerk is hereby directed to publish notice of the filing of said petition and of said hearing for the time and in the matter prescribed by law.
Done and Resolved this ______day of ______, 2021.
Approved:
Attest:
______Judy Nation, Mayor ______Renea Ellis, City Clerk
(seal)
Exhibit A to Resolution 02-21
FOUND IRON PIN FOUND PK NAIL, TOP REMOVED FOUND COTTON SPINDLE FOUND PIPE SET IRON PIN SANITARY SEWER MANHOLE FIRE HYDRANT UTILITY POLE TELEPHONE PEDISTAL BUILDING SETBACK LINE UTILITY EASEMENT LINE
PROPOSED RIGHT-OF-WAY CLOSING DESCRIPTIONS: ALLEY #1: ALL OF THE PLATTED ALLEY THAT RUNS NORTH AND SOUTH ALONG THE WEST SIDE OF LOTS 1, 2, 3, 4, 5, 6, AND 7, AND ALONG THE EAST SIDE OF LOTS 8, 9, 10, 11, 12, 13, AND 14 OF BLOCK 3, C.D. GUNTERS ADDITION NO.1, SILOAM SPRINGS, ARKANSAS. ALLEY #2: ALL OF THE PLATTED ALLEY THAT RUNS EAST AND WEST ALONG THE NORTH SIDE OF LOT 10, AND ALONG THE SOUTH SIDE OF LOT 11 OF BLOCK 3, C.D. GUNTERS ADDITION, SILOAM SPRINGS, ARKANSAS.
STAFF REPORT
TO: Phillip Patterson, City Administrator FROM: Justin Bland, City Engineer Cc: Don Clark, Community Development Director DATE: January 6, 2021 RE: Resolution 03-21 / TAP Grant / Lake Francis Drive & Washington St. Sidewalk
Recommendation: Approve Resolution 03-21, authorizing the City to utilize an 80/20 Transportation Alternatives Program grant in the amount of $125,000 from the Northwest Arkansas Regional Planning Commission for the construction of new sidewalk along Lake Francis Dr. and Washington St.
Background: The Northwest Arkansas Regional Planning Commission (NWARPC) awarded a Transportation Alternative Program (TAP) grant for the Lake Francis Drive and Washington Street sidewalk project. This grant program provides 80%(grant)/20%(local) funding for construction projects with a minimum cost of $125,000. This grant funding can only be used for the construction phase of the project. All engineering, right-of-way acquisition and utility relocation must be paid using 100% local funds.
The grant is for construction of a concrete sidewalk (5-6’ width) along Lake Francis Drive (between Chacon Park and Roselawn St.) and along Washington St. (between Hwy. 412 and Lake Francis Dr.) This sidewalk will provide a connection from several neighborhoods to the existing sidewalk system in the south east quadrant of the city.
The engineering for this project will be performed internally by staff. At this point it not expected for there to be any right-of-way acquisition but there will likely be some utility relocation required.
Fiscal Impact: This project is currently estimated to cost $340,000 pending final design. However, the City was only awarded $125,000 total in TAP grant funds. This TAP grant requires an 80/20 match meaning the City is obligated to contribute a minimum of $31,250 as our match to the project. The resolution is meant to obligate our minimum contribution as that. However, it is likely the City match would be approximately $215,000 ($340,000 project cost - $125,000 TAP grant) based upon project estimates. After the project is bid out, the actual amount will have to be approved by the Board as part of the contract approval. The 2021 Budget has $340,000 included under Masterplan Sidewalk/Trail (20-01- 599999-795) from which this local match was planned to come from.
Attachments: Map 1: Exhibit of Sidewalk Extension Resolution No. 03-21
1/13/21 PROPOSED SIDEWALK EXISTING SIDEWALK
CITY OF SILOAM SPRINGS EXHIBIT #1 P.O. BOX 80 / 400 N. BROADWAY LAKE FRANCIS/ SILOAM SPRINGS, AR 72761 WASHINGTON (479) 524-5136 SIDEWALK
FEDERAL-AID PROJECT RESOLUTION
RESOLUTION 03-21
A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF SILOAM SPRINGS TO UTILIZE FEDERAL-AID FUNDS FOR THE FOLLOWING CITY PROJECT:
Construction of Lake Frances Drive and Washington St. Sidewalk Improvements
WHEREAS, the Northwest Arkansas Regional Planning Commission has recently approved Federal-aid Transportation Alternatives Program funds for the project at the following Federal and City participating ratios:
Work Phase Federal % City % Construction of City Projects Preliminary Engineering 0 100 Right-of-Way 0 100 Utilities 0 100 Construction 80 20 Construction Engineering 0 100
City projects programmed but All Phases -0- 100 not let to contract
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF SILOAM SPRINGS, ARKANSAS, THAT:
SECTION I: The City will participate in accordance with its designated responsibility in this project including maintenance of this project.
SECTION II: The Mayor or their designate is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of this City project.
SECTION III: The City pledges its full support and hereby authorizes the Arkansas State Highway and Transportation Department to initiate action to implement this project.
THIS RESOLUTION adopted this ______day of January, 2021.
(SEAL) Approved:
Attest:
______Renea Ellis, City Clerk Judy Nation, MAYOR
STAFF REPORT
TO: Phillip Patterson, City Administrator FROM: Justin Bland, PE, City Engineer Ben Rhoads, AICP, Senior Planner Cc: Don Clark, Community Development Director DATE: December 28, 2020 RE: Dedication of Utility Easements / 2900 Block of E. Hwy. 412
Recommendation: Approve the dedication of utility easements at 2900 Block of E. Hwy. 412
Background: The applicants, Seven Brew, request to dedicate utility and access easements at the 2900 Block of E. Hwy. 412. Following City policy, the proposed easements for dedication are presented to the Board for approval. The easements will primarily be used for City and franchise utilities per the dedication language shown on the attached plat.
Fiscal Impact: Staff is not aware of any fiscal impact associated with accepting the dedication of the shown utility easements.
Attachments: Easement Dedication Plat
EASEMENT PLAT
LINE TABLE LINE BEARING DISTANCE LI S 45°50'46" E 28.95' L2 s 89°51'49" w 40.14' L3 s 89°51'49" w 10.10' L4 s 87°25'31" w 4.25' L5 s 84°59'14" w 45.92' L6 S 87°02'45" E 3.68' L7 N87°21'24"E 4.37' ADJACENT LAND OWNERS LS N 84°50'59" E 44.43' L9 N87°21'24"E 4.37' 1) WALKER REVOCABLE TRUST, DARRELL W LIO N 89°51 '49" E 12.81' 2601 VALLEYVIEW DR SILOAM SPRINGS, AR 72762 PARCEL #03-00 I 06-000 ZONED:C-1 2) LIBERTY BANK OF ARKANSAS 2901 E IDGHIAND DR JONESBORO, AR 72401-6224 PARCEL #03-05929-000 ZONED:C-2 3) CASEY'S MARKETING COMPANY I SE CONVENIENCE BLVD ANKENY, IA 50021-9672 PARCEL #03-05930-000 ZONED:C-2 4) ARVEST BANK POBOXll07 ROGERS, AR 72757-1107 -s-s-s-s-s-s-s PARCELS #03-02883-000 RIW&---S 89°59'36" E 91.53'--- & #03-02884-000 111'-llf-lll'-llf-lll' ZONED:C-2 -111'-llf-llP 5) L & A MELGAR ILC 629 AR 16 HWY STE 99 SILOAM SPRINGS, AR 72761 PARCEL #03-00 I 04-000 I I ZONED:R-4 I I I I
PROPERTY ZONED: I I C-2 (ROADWAY COMMERCIAL)
EXISTING_ BUILDING SETBACKS: BUILDING CONCRETE ~i PARKING LOT A. SETBACK REQUIRED FROM BOUNDARIES ABUTTING A COLLECTOR STREET OR SMALLER, OR ABUTTING ANY ZONING DISTRICT NOT DESIGNATED "R" (RESIDENTIAL): I. FRONT: 40 FEET** ~~I: 2. SIDE (EXCEPT SIDE ON CORNER): TEN FEET z 3. SIDE ON CORNER: 15 FEET 4. REAR: 30 FEET
PARCEL #03--00111-000 B. SETBACK REQUIRED FROM BOUNDARIES ABUTTING OR FACING ANY "R" (RESIDENTIAL) 1.02 ACRES+/- ZONING DISTRICT: I. FRONT: 50 FEET•• 2. SIDE: 30 FEET 3. REAR: 35 FEET
C. SETBACK REQUIRED FROM BOUNDARIES ABUTTING AN ARTERIAL STREET OR LARGER: I I. FRONT: 50 FEET** 2. SIDE (EXCEPT SIDE ON CORNER): TEN FEET 11 3. SIDE ON CORNER: 15 FEET 30.3' 4. REAR: 20 FEET 20.3' FIELDWORK: AUGUST 6 & 7, 2019 ~SHED CONDITIONAL ZONING SETBACKS: NOVEMBER 19 & 20, 2020 I A. IF ABUTTING A COILECTOR OR SMALLER STREET, FOR ANY ZONE NOT "R" (RESIDENTIAL): I. FRONT: 40 FEET** BASIS OF BEARING: 2. SIDE: 10 FEET GPS OBSERVATION - AR NORTH ZONE 3. SIDE ON CORNER: 15 FEET 4. REAR: 30 FEET I - w--, Location Map: B. IF ABUTTING A COILECTOR OR SMALLER STREET, FOR "R" (RESIDENTIAL) ZONES: R-33-W REFERENCE DOCUMENTS: - - S S9°51'49"W 399.86' 111- _ Uf-111'-tJf - -DP-111'-DP-llP-llP-~-llP- ~cn-L2- 1. FRONT: 50 FEET** 1) PLAT OF SURVEY FILED TN 2. SIDE: 30 FEET l!I; II - II - w- w - II - II - II -- II - w- w- II - -llf'-lll'-llf-111'-af-IW~ @ 6" WATER -APPROX. LOC. POB lll'--111' BOOK 3 AT PAGE 162 W- ll (ii! Ji!...._fll!- ef. - a"- W-W-W-W- 11- W- W- W- W - W-W-W-W - W - W- W- -~ll - i 3. SIDE ON CORNER: 30 FEET 2) WARRANTY DEED FILED IN II llf-llf-llP-111'- f7'\ OVERALL ~ 4. REAR: 35 FEET BOOK2015 ATPAGE45843 ~ llf-llP-111'-llf-llf-llP-llf- '2J CAP #985 . ~ 3) QUITCLAIM DEED FILED IN ~gp-111'- !>; • C. lF ABUTTING AN ARTERIAL STREET OR LARGER FOR ALL ZONES: 05 I BOOK L2020 AT PAGE 46251 l!;I!; CERTIFICATION OF OWNERSffiP AND DEDICATION: i i;: 1. FRONT: 50 FEET** 1 1 ~ 2. SIDE: IO FEET WE THE UNDERSIGNED DO HEREBY CERTIFY THAT WE ARE THE SOLE OWNERS OF THE HEREON PLATTED PROPERTY AND DO HEREBY DEDICATE ALL STREETS c: 3. SIDE ON CORNER: 15 FEET AND EASEMENTS IF ANY, FOR THE USE OF THE GENERAL PUBLIC AND FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES. "STREETS" SHALL INCLUDE, I 4. REAR: 20 FEET NOTE: BUT NOT BE LIMITED TO, ALL ROADWAYS, ALLEYS, CUL-DE-SACS, SIDEWALKS, TRAILS, SIDEPATHS AND SUCH APPURTENANCES THERETO AS MAY BE THE LOCATION OF UTILITIES SHOWN HEREON ARE FROM OBSERVED REASONABLY NECESSARY FOR SAFE AND CONVENIENT VEIDCULAR AND PEDESTRIAN TRAVEL. "UTILITIES" SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL **THE FRONT SETBACK OF A PROPERTY LOCATED ON THE CORNER OF TWO STREETS rs EVIDENCE OF ABOVE GROUND APPURTENANCES. ALL UTILITY LINES PUBLIC AND PRIVATE INFRASTRUCTURE REQUIRED TO PROVIDE SERVICES AND AMENITIES SUCH AS ELECTRICITY, WATER, WASTEWATER, GAS, TELEVISION, DETERMINED BY THE ORIENTATION IN WIDCH THE BUILDING IS FACING. THE SETBACK APPEARING ON TmS PLAT, AS WELL AS THOSE THAT MAY EXIST BROADBAND, TELEPHONE AND DRAINAGE TO THE DEVELOPMENT AND/OR SURROUNDING AREAS. SAID DEDICATIONS INCLUDE THE RIGHTS OF MAINTENANCE, LOCATIONS AND DIMENSIONS DEPICTED ON THIS SURVEY ARE FOR REFERENCE ONLY. UNDERGROUND NEED TO BE VERIFIED PRIOR TO DOING ANY TYPE OF REPLACEMENT, REMOVAL AND REPAIR, AND TO DO SUCH THINGS AS MAY BE REASONABLY NECESSARY TO EXERCISE SAID RIGHTS, INCLUDING TRIMMING BUILDING SETBACKS FOR ANY NEW DEVELOPMENT ON TIDS PROPERTY SHAIL BE EXCAVATION OR DESIGN. SOME UTILITY LINES MAY ALSO EXIST GRASS, LIMBS AND FOLIAGE, AND REMOVAL OF OBSTRUCTIONS WITHOUf ADDITIONAL COMPENSATTON . DETERMINED BY THE REVIEW OF THE SILOAM SPRINGS PLANNING DEPARTMENT. THAT WERE NOT SHOWN ON TmS PLAT.
DATE:____ _ OWNER: ______PROPERTY OWNER: o· 40' 80' 120' FLOOD CERTIFICATION: SEVEN BREW RE ACQUISITIONS LLC NO PORTION OF TIDS PROPERTY IS LOCATED wrrmN FLOOD ZONE "A" STATE OF ARKANSAS COUNTY OF ______PO BOX 302204 OR "AE" AS DETERMINED BY THE NATIONAL FLOOD INSURANCE AUSTIN, AR 78703 SUBSCRIBED AND SWORN BEFORE ME THIS __DAY OF ____ 2021. PROGRAM FLOOD INSURANCE RATE MAP FOR BENTON COUNTY, (BOTH PARCELS) GRAPHIC SCALE (IN FEET) VICINITY MAP ARKANSAS. 1 Inch = 40ft. (FIRM PANEL #05007C0370J. DATED 09/ 28/ 2007) NOTARY PUBLIC STATE RECORDING NUMBER: Walman Supercenter 500-17N-33W--0-05-210-04-1642 I DaySpring Outlet Store MY COMMISSION EXPIRES _____ I HEREBY CERTIFY THIS TO BE TRUE AND CORRECT 9 CITY OF SILOAM SPRINGS PLANNING DIVISION APPROVAL: Low TO THE BEST OF MY KNOWLEDGE AND BELIEF J Imp Hampton Inn ' Little Caesars Pizza McDonald's ATTORNEY'S CERTlFICATE: ON THIS THE 20TH DAY OF NOVEMBER, 2020. .e 9 ' Siloam Springs T SENIOR PLANNER DATE I, BEING AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF ARKANSAS, CERTIFY THAT I HAVE EXAMINED TITLE \\\ ,, Zexby's Chicken Fingers TO THE ABOVE DESCRIBED LAND WITHIN THE PLANNING AREA OF THE CITY OF SILOAM SPRINGS, ARKANSAS, AND THAT THE PARTY EXECUflNG THE PLAT IS ,\\\ "'''"""'''' \ S TE h ,,,, & Buffalo Wings '\ ~ ..., .er I:> ,, . THE OWNER THEREOF TN FEE SIMPLE. 1m's Razorback Pina ~ ,, .a. .v •••••• ••• -c. _.A ,, Casey's m ~ ...... - •• •• u ., s E ,_,. Bank OZK • " T t T Panda Express Wendy's ' ~ or: SURVEY DESCRIPTIONS: ATTORNEY AT LAW DATE z z Efllo1n s1 u 0 PARCELS #03-00111-000 & #03-00110-000: Simmons Foods :l t ' b < :c NWA Hiring Cen ter oti 0:: A PART OF THE NORTHEAST QUARTER OF THE SOUTIIBAST QUARTER OF SECTION 5, TOWNSHIP 17 NORTH, RANGE 33 WEST, BENTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGlNNING AT I JJ~~l{ il ' ~ < t- c c AN EXISTING REBAR ON THE WEST RIGHT-OF-WAY OF ARKANSAS HIGHWAY #16 WHICH IS S02°11 '49"W 260.00' AND S89°51 '49"W 40.14' FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE S89°51'49"W 399.86', :. ~ ~ SJGJUTUBE : ~ E 0 I"'" I'll • ~ THENCE N02°14'25"E 198.41' TO AN EXISTING PIPE ON THE SOUTH RIGHT-OF-WAY OF U.S. IDGHWAY #412, THENCE ALONG SAID RIGHT-OF-WAY S89°57'09"E 381.15', THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S45°50'46"E 28.95' TO THE O:.~n··~ ~"'Jlt:::...:: r:: t') _. V"': e , ...i • """ s WESTRIGHT-OF-WAYOF ARKANSAS HIGHWAY#16, THENCE ALONG SAID RIGHT-OF-WAY S03°10'42"W 177.10' TO THE POINT OF BEGlNNING, CONTAlNING 1.82ACRES,MOREORLESS. SUBJECTTOALLEASEMENTSANDRIGHTS-OF-WAYOF 00 1 000 i:il ;@ ~ Ii, RECORD. ~ ~> ~ Ck L ~ • ~ $ STAFF REPORT TO: Phillip Patterson, City Administrator FROM: Justin Bland, PE, City Engineer Ben Rhoads, AICP, Senior Planner Cc: Don Clark, Community Development Director DATE: December 28, 2020 RE: Dedication of Utility Easements / 600 Block of AR Hwy. 16 Recommendation: Approve the dedication of utility easements at 600 Block of AR Hwy. 16 Background: The applicant, Lisandro Melgar, requests to dedicate utility easements at the 600 Block of AR Hwy. 16. Following City policy, the proposed easements for dedication are presented to the Board for approval. The easements will primarily be used for City and franchise utilities per the dedication language shown on the attached plat. Fiscal Impact: Staff is not aware of any fiscal impact associated with accepting the dedication of the shown utility easements. Attachments: Easement Dedication Plat Line Table: VICINITY MAP: NE CORNER Line Number Distance Bearing EASEMENT PLAT 1 1 NE 4, SE 4 S. Maple Leaf Ave L1 6.98 S67°42'20"W SECTION 5 L2 2.02 S02°36'34"W FOR SUMMERHILL APARTMENTS T-17-N, R-33-W L3 4.35 N87°28'13"W L4 17.90 S67°42'20"W US ROUTE 412 L5 15.00 S22°17'40"E JANUARY 4, 2021 L6 22.93 N67°42'20"E L7 31.19 S01°56'30"W L8 21.00 N81°10'39"E N Ravenwood Plaza L9 15.00 N08°49'21"W L10 29.52 N67°42'20"E ne nw L11 28.89 S46°02'26"W Street N. Progress Ave L12 29.07 N46°25'48"E E L13 15.05 S83°14'09"W W 412 L14 15.63 S75°15'33"W se L15 19.75 S01°45'39"W sw ℄ S SITE OWNER'S CERTIFICATION LANGUAGE: Dawn Ct. WE THE UNDERSIGNED DO HEREBY CERTIFY THAT WE ARE THE SOLE OWNERS OF THE HEREON PLATTED PROPERTY AND DO HEREBY DEDICATE ALL STREETS Meridian Pl. AND EASEMENTS IF ANY, FOR THE USE OF THE GENERAL PUBLIC AND FOR THE 260.00' INSTALLATION AND MAINTENANCE OF UTILITIES. "STREETS" SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL ROADWAYS, ALLEYS, CUL-DESACS, SIDEWALKS, 16 TRAILS, SIDE PATHS AND SUCH APPURTENANCES THERETO AS MAY BE GRAPHIC SCALE REASONABLY NECESSARY FOR SAFE AND CONVENIENT VEHICULAR AND 40' 0 20' 40' 80' 160' PEDESTRIAN TRAVEL. "UTILITIES" SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL PUBLIC AND PRIVATE INFRASTRUCTURE REQUIRED TO PROVIDE SERVICES AND AMENITIES SUCH AS ELECTRICITY, WATER, WASTEWATER, GAS, TELEVISION, BROADBAND, TELEPHONE AND DRAINAGE TO THE DEVELOPMENT AND/OR S02°11'17"W SURROUNDING AREAS.SAID DEDICATIONS INCLUDE THE RIGHTS OF ( IN FEET ) MAINTENANCE, REPLACEMENT, REMOVAL AND REPAIR, AND TO DO SUCH 1 inch = 40 ft THINGS AS MAY BE REASONABLY NECESSARY TO EXERCISE SAID RIGHTS, INCLUDING TRIMMING OF GRASS, LIMBS AND FOLIAGE, AND.REMOVAL OF OBSTRUCTIONS WITHOUT ADDITIONAL COMPENSATION. 412 ______1/2" Rebar PARCEL 03-00111-000 PARCEL 03-00110-000 DATE LISANDRO MELGAR PLS 985 SEVEN BREW RE ACQUISITIONS LLC LAMBERT, KENNY & KAREN 1/2" Rebar PLS 985 L & A MELGAR, LLC Northing: 681779.62 PO BOX 302204 2690 HIGHWAY 412 E R/W MANAGING MEMBER Easting: 569852.35 AUSTIN TX 78703 SILOAM SPRINGS AR 72761-8685 P.O.B. Elevation: 1163.40' ZONING: C-2 ZONING: C-2 Northing: 681780.66 Easting: 570262.36 ℄ CITY OF SILOAM SPRINGS PLANNING DIVISION APPROVAL: WV Elevation: 1159.27' 16.06' 21.74' N 89°51'17" E 410.02' 20' S89°51'17"W 40.00' UGE UGE UGE UGE UGE ______10' Setback POND REVISIONS: DATE SENIOR PLANNER WV L11 N89°51'17"E L14 S87°10'20"E 109.40' 20' Utility Easement N89°51'17"E 20' Utility Easement U.E. (Width Varies) №: DESCRIPTION DATE: 48.57' 15' L13 182.32' AC AC AC AC - ATTORNEY'S CERTIFICATE: 15' UE 15' Building 20' U.E. - - 15' Building POND I, ______, BEING AN ATTORNEY LICENSED TO 84.87' 5425.59 sf - PRACTICE LAW IN THE STATE OF ARKANSAS, CERTIFY THAT I HAVE EXMINED 3385.65 sf POND - - TITLE TO THE BELOW DESCRIBED LAND WITHIN THE PLANNING AREA OF THE 2 Stories CITY OF SILOAM SPRINGS, ARKANSAS, AND THAT THE PARTY EXECUTING THE - 91.12' - - PLAT IS THE OWNER THEREOF IN FEE SIMPLE. 4" W S01°54'00"E 20' - UGT S01°36'27"W UGE ______N01°36'27"E - - - DATE ATTORNEY AT LAW POND 30' Setback 195.91' N01°54'00"W - - 20' 82.06' Concrete Sidewalk U.E. (Width Varies) - 15' UE N88°42'38"W 114.40' - - L15 WV Survey Description: WV - 118.96' A PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST - - N89°05'48"E 130.50'UGT PARCEL 03-02884-000 ARVEST BANK PO BOX 1107 QUARTER OF SECTION 5, TOWNSHIP 17 NORTH, RANGE 33 WEST, BENTON ROGERS AR 72757-1107 ZONING: C-2 COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, UGE PARCEL 03-00106-000 WALKER, DARRELL W & ELAINE CO TRUSTEES 2601 VALLEY VIEW DR SPRINGDALE AR 72762-6719 ZONING: C-2 PARCEL 03-00104-000 TO-WIT: BEGINNING AT A FOUND IRON PIN ON THE WEST RIGHT OF WAY OF ℄ ARKANSAS STATE HIGHWAY 16 WHICH IS S02°11'17"W 260.00' AND S89°51'17"W 40.00' 5.21 ACRES ± FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING 22' Asphalt - 80' Public R/W Legend & Abbreviations: THENCE WITH SAID RIGHT OF WAY S02°13'36"W 549.96' TO A FOUND PIPE, THENCE LEAVING SAID RIGHT OF WAY S89°54'25"W 416.98' TO A FOUND PIPE, THENCE PROPERTY LINE N02°57'10"E 549.91' TO A FOUND IRON PIN, THENCE N89°51'17"E 410.02' TO THE ARKANSAS HIGHWAY 16 FOUND MONUMENT AS NOTED POINT OF BEGINNING. CONTAINING 5.21 ACRES MORE OR LESS. SUBJECT TO Concrete Sidewalk OFFSITE PROPERTY LINE 20' Utility Easement & Setback Concrete Sidewalk EASEMENTS AND RIGHTS-OF-WAY OF RECORD. 5236 sf RIGHT OF WAY LINE Building 41.75' SECTION / FORTY LINE UGE R/W BUILDING SETBACK LINE UTILITY EASEMENT (U.E.) STORM LINE Zoning Information: S02°13'36"W Building STORM STRUCTURE CURRENT ZONING: R-4 221.34' AC 3931.75 sf ROADWAY CENTERLINE ℄ SETBACK REQUIREMENTS: 2 Stories CONCRETE CURB FRONT: 30 FEET 15' SIDE (except side on corner): 10 FEET CONCRETE SIDE ON CORNER: 25 FEET 237.10' REAR: 20 FEET S01°56'30"W AC AC AC AC AC AC FENCE UGE AC 15' Utility Easement L10 OVERHEAD POWER LINE 334.40' UNDERGROUND ELECTRIC LINE UGE UGE SANITARY SEWER LINE SHED POND Owner / Developer Info: AC S67°42'20"W WATER LINE 509.87' GAS LINE PARCEL 03-04045-000 2729 A DAWN CT DELGADO, MARTHA BARRIOS SILOAM SPRINGS AR 72761-5517 ZONING: R-4 Concrete Sidewalk FIBER OPTIC LINE L & A MELGAR, LLC N01°56'30"E MR. LISANDRO MELGAR, MANAGING MEMBER AC TELEPHONE LINE 629 AR 16 HWY, STE 99 1 Story UNDERGROUND TELEPHONE LINE UGT UGT Office ℄ SILOAM SPRINGS AR 72761 1141.35 sf AC 288.40' 15' CABLE TELEVISION LINE WV UGE WV 2 Stories 15' Building 4936.96 sf POND SANITARY SEWER MANHOLE N 02°57'10" E 549.91' SANITARY SEWER CLEANOUT POND N67°42'20"E FIRE HYDRANT AC WV 15' UE GATE VALVE FIRE DEPARTMENT CONNECTION 297.51' MAILBOX AC AC AC AC AC AC 15' ELECTRICAL BOX POWER POLE L2 POND AC L3 Building GUY WIRE UGE L1 4927.21 sf 245.29' POND LIGHT POLE 2 Stories 251.91' GAS METER G L4 15' Utility Easement GAS VALVE N02°57'10"E L5 SIGN S 02°13'36" W 549.96' TELEPHONE PEDESTAL L6 30' Setback S01°32'17"W WATER METER L7 N01°32'17"E 36.52' POINT OF BEGINNING P.O.B. N01°56'30"E Concrete Sidewalk RIGHT OF WAY R/W UGE N08°49'21"W S08°49'21"E 48.42' OF AUT TE HO A R C I I Z PARCEL 03-04050-001 AGBEHI, DICKSON 1009 SUNRISE CIR S81°10'39"W SILOAM SPRINGS AR 72761-2417 ZONING: R-4 F BLEW & A I 15' T 6.00' ℄ 64.83' T SSOCIATES I A , PA O R N E 15' Utility Easement L9 C WV UGE No. 1534 L8 Concrete Sidewalk PARCEL 03-00108-000 A NWA LD, LLC PO BOX 10560 FAYETTEVILLE AR 72703 ZONING: R-2 S R A K A N S UGT 20' Utility Easement & Setback Concrete Sidewalk S02°13'36"W Building S88°27'43"E 40.45' I HEREBY CERTIFY THIS TO BE TRUE AND CORRECT 4488 sf R/W TO THE BEST OF MY KNOWLEDGE AND BELIEF Building 4932.9 sf 15.00' ON THIS THE______DAY OF DECEMBER, 2020. UGE Building 2 Stories 2992 sf 20' Utility Easement BLE W & A SSOCIATES , PA 20' U.E. S89°54'25"W AC AC AC 396.69' AC AC AC 20' Utility Easement 20' CIVILENGINEERS & LAND SURVEYORS PARCEL 03-04589-000 WALTERS, GREGORY M & GAIL TRUSTEES 21937 ESTATE DR L12 10' Side Setback SILOAM SPRINGS AR 72761-9246 ZONING: R-4 3825 NORTH SHILOH DRIVE 1" Pipe WV FAYETTEVILLE, ARKANSAS 72703 1" Pipe S 89°54'25" W 416.98' WV OFFICE: 479.443.4506 C/L FAX: 479.582.1883 PARCEL 03-00108-000 R/W www.BLEWINC.com NWA LD, LLC PO BOX 10560 FAYETTEVILLE AR 72703 PRELIMINARY ZONING: R-2 IF THE SIGNATURE ON THIS SEAL IS NOT AN ORIGINAL AND NOT BLUE IN COLOR THEN IT SHOULD BE ASSUMED THAT THIS PLAT MAY HAVE BEEN ALTERED. THE ABOVE CERTIFICATION SHALL NOT APPLY TO ANY COPY THAT DOES NOT BEAR AN ORIGINAL SEAL AND SIGNATURE. Sheet 1 of 1 18-1098 Easement Plat 001.dwg STAFF REPORT TO: Mayor and Board of Directors FROM: Phillip Patterson, City Administrator DATE: January 11, 2021 RE: Election of Board of Director / Illinois Water Development Company, Inc. / Siloam Springs Water Resource Company, Inc. / Mayor Judy Nation Recommendation: Approve the election of Mayor Judy Nation as a director of the Illinois Water Development Company, Inc., and as a director of the Siloam Springs Water Resource Company, Inc. Background: When the City of Siloam Springs acquired Lake Frances and surrounding property in the 1950s, it did so by purchasing 100% of the stock of the Oklahoma Corporation holding title to the land, the Illinois Water Development Company, Inc. (IWDC.) A few years ago, the corporation’s land titles were transferred to a successor corporation, the Siloam Springs Water Resources Company (SSWRC). Stock in SSWRC is held in a trust (the Water Resources Authority Trust) for the benefit of the City, rather than by the City directly, and the city administrator acts as the Trustee. Although it no longer officially holds any assets, the IWDC is maintained in good standing in order to be able to execute any necessary “clean-up” documents as staff continues to obtain accurate and up-to- date surveys and descriptions of the Oklahoma property and to be able to defend itself should any adverse possession claims arise relating back to its period of ownership, due to Oklahoma’s 15-year adverse possession period. Historically, the Siloam Springs mayor has served as one of two directors on both corporations. With the recent election of Mayor Nation, both corporations need to have a new director. The City is the sole shareholder in the IWDC and therefore the City Board must approve the election of a new director. The Water Resources Authority Trust is the sole shareholder in the SSWRC and, subject to the approval of the City Board, the Trustee has the authority to elect a new director. Fiscal Impact: Staff is not aware of any fiscal impact associated with this issue. Attachments: None STAFF REPORT TO: Phillip Patterson, City Administrator FROM: Phil Stokes, Electric Director DATE: December 16, 2020 RE: Purchase / Electric Department / Tree Trimming Bucket Truck / Altec Industries / $216,047.00 Recommendation: Approve the purchase of a new Altec M2-106 Bucket Truck from Altec Industries in the amount of $216,047.00. Background: The Electric Department needs a new bucket truck for tree trimming and would like to purchase a new Altec M2-106 bucket truck to replace the 2007 Ford F750 Versalift. The current bucket truck is becoming more difficult to repair due to the age and model of the unit. The nearest certified Ford dealership for larger units such as the current one, is in Tulsa, Oklahoma. There has also been trouble getting field mechanics to work on the Versalift when issues arise causing longer downtime. The new unit has an anticipated date of delivery set for mid to late March of 2021. Staff will request the current tree trimming bucket truck to be declared as surplus and included in the next City-wide auction. Fiscal Impact: There is $220,000 in the 2021 budget for this purchase in Capital Outlay (03-30-599999- 000). The purchase will be made through the Sourcewell government procurement service. Purchasing through Sourcewell eliminates the requirements of competitive bidding since that process has previously been done by Sourcewell. Attachments: Sourcewell Quote Bucket Truck Photo Sourcewell Quote Photo of new bucket Truck STAFF REPORT TO: Phillip Patterson, City Administrator CC: Don Clark, Community Development Director FROM: James Harris, Community Services Manager DATE: January 4, 2021 RE: Ground Lease / Airport / Upward Investments, LLC Recommendation: Approve the proposed Airport Ground Lease with Upward Investments, LLC Background: The City of Siloam Springs Municipal Airport (Airport) would like to grant a ground lease to Upward Investment, LLC (Upward). If the proposed lease is approved and executed, Upward will then begin working with City staff to begin the construction process of building a hangar at the Airport. The proposed lease specifies that Upward will have to substantially complete the hangar by the agreed upon time in accordance with plans submitted by Upward and approved by the City. Staff feels this ground lease will be an added benefit economically as Upward has been a valued customer at the Airport. Once the hangar is built to completion, this will allow the Airport to lease out the existing public hanger that is leased by Upward. All other terms and conditions of the ground lease remain the same as previous ground leases, and include the following: • A total leased area of approximately 9,000 square feet at a rate of $0.12/sf, and will increase annually based on the Consumer Pricing Index; • A 25-year term that may be extended for an additional 10-years; • Insurance requirements and prior approvals of subleases; and • Assignment of building and fixtures to the City at conclusion of the lease. Fiscal Impact: No fiscal impact is anticipated for this proposed lease. Attachments: Aerial Drawing of Proposed Ground Lease Ground Lease Agreement TAHLEQUAH HWY. 59 N PROPOSED HANGAR LOCATION CECIL SMITH FIELD SILOAM SPRINGS MUNICIPAL AIRPORT P. O. BOX 80 SILOAM SPRINGS, AR 72761 (e-mail: [email protected] FAX: 479-524-3241 GROUND LEASE AGREEMENT This lease agreement is executed this ______day of January 2021, between the City of Siloam Springs (Lessor or City) and Upward Investments, LLC (Lessee). In consideration of the promises and covenants contained herein, the parties agree to the following: 1. Leased Premises: Lessor leases to Lessee certain tracts of real property (the leased premises) located at the Siloam Springs Municipal Airport, Benton County, Arkansas. The tract shall consist of a (9,000 sq. ft.) area, more or less. The location of said tract having been established by mutual agreement, is more particularly shown on the attached Exhibit “A”. Should either party desire it, said party may, at its own expense, have the properties surveyed and assigned a parcel number. It is agreed that, once available, a copy of said description shall be signed by both parties and appended to this document as Exhibit “B” and shall serve as the official location for the duration of the lease agreement. 2. Term: This lease shall commence on the above date and shall extend for a period of 25- years. If Lessee is not in default, and has maintained the leased premises in good repair, it may extend this lease for one additional 10-year period; provided, however, that at least 60-days prior to expiration of the 25-year term, Lessee must give written notice of the extension. 3. Rent: Lessee agrees to pay annually in advance to the Lessor the amount of $0.12 per square foot of leased space; provided, however, that for the second year and each successive year of the lease, the rental rate shall be increased by a percentage equal to any increase in the Consumer Price Index, as provided by the U.S. Dept. of Labor (Consumer Price Index for Urban-wage Earners and Clerical Workers – U.S. Average). In the event Lessee fails to remit any payments when the same are due, interest at the rate of ____ % shall be charged by Lessor beginning on the tenth (10) day after the date the payment is due and such interest shall continue to accrue against such delinquent payment until the payment plus interest is received by Lessor. In the event Lessee shall become delinquent for more than _____ days, this lease may be terminated by Lessor as further defined in Section 8, default. 4. Repairs and Maintenance: A. Lessee shall provide automobile access and parking area from the existing service road, all necessary utility and service connections to the leased premises and shall pay all utility costs. Page 1 of 5 B. All alterations, maintenance, and repairs shall be compliant with FAA, State, and City codes and regulations. C. Lessee shall, at its own expense, maintain the leased premises and all improvements in good repair. Lessee agrees to protect and hold harmless the Lessor from any lien claims asserted against Lessee’s construction on the leased premises. D. Lessor agrees to mow the grass surrounding the improvements on the leased premises. 5. Insurance: During the term of this lease, Lessee shall (at its expense) provide general liability insurance, which policy shall name the City of Siloam Springs as an additional insured. Policy coverage shall be a minimum of $300,000 per occurrence for any injury to person or property that arises out of Lessee's occupation of the leased premises. Lessee should provide his own insurance coverage for any improvements and/or personal property located in or on the leased premises, as Lessor is not responsible therefore. 6. Assignment of Sublease: Lessee shall not assign or sublease any of the leased premises without prior written approval of the Lessor, which shall not be unreasonably withheld. Lessor shall have the right of first refusal to become sub-lessee or assignee of the leased premises upon terms as favorable as those offered by Lessee to any third party. If Lessee decides to assign this lease, or to sublease the leased premises, Lessee shall first give 30 days’ written notice of its intentions to the Lessor’s City Administrator, setting forth the terms and conditions of such intended sublease or assignment. Lessor shall respond in writing to the Lessee within 30 days of receipt of such notice, stating its intention (if any) to become Lessee's assignee or sub-lessee on terms as favorable as those offered to (or by) any third-party assignee or sublease. If Lessor fails to give written notice of its intention within the 30-day period, then the Lessee may contract with the third party. 7. Building and Equipment: A. Equipment and goods installed by the Lessee upon the leased premises shall remain the property of the Lessee, and Lessee at any time may remove them from the leased premises. Lessee shall properly repair any damage or injury to the leased premises caused by such removal. B. At the conclusion of the lease term, the following shall remain on the premises and shall become the sole property of the lessor: 1) The buildings on the leased premises. 2) Any fixtures, goods, or equipment furnished by the Lessor. 3) Any air conditioners, furnaces, and water heaters installed by Lessee on the leased premises. 8. Default: A. Should the Lessee default in the performance of any covenant or agreement herein and continue in (or repeat) the default 30 days after receipt of written notice thereof Page 2 of 5 from the Lessor, the Lessor may, without limitation upon its other rights at law, terminate this lease and take possession of (or lease to a third party) the leased premises, including any building constructed by Lessee. B. Notwithstanding the provisions of Paragraph A above, Lessor may terminate this lease and take possession of (or lease to a third party) the leased premises, including any building constructed by Lessee, without giving 30-day notice or affording Lessee a period to cure, where the default arises from fraud, intentional damage to Lessor's property, intentional interference with Lessor's operation of its airport, or other intentional breach of Lessee's duty to perform in good faith. 9. Mortgage of Leasehold: Lessee may mortgage or encumber its interest in the leased premises, provided that no such mortgage or encumbrance shall affect the fee, the reversionary interest, or the estate of Lessor to the leased premises, including buildings erected thereon. Any mortgage shall be subordinate to the terms of this lease. 10. Lessor’s Right to Go Upon Premise: Lessor shall have the right, upon reasonable notice to Lessee, to enter the premises to inspect for fire hazards, building safety, and waste of the leased premises. 11. Lessee’s Obligation of Nondiscrimination: Lessee agrees that: A. No person shall be subject to discrimination in the use and occupancy of the leased premises on the grounds of race, color, religion, national origin, or any other legally prohibited basis. B. No person shall be excluded from employment with Lessee, or with Lessee’s contractors and subcontractors, on the grounds of race, color, religion, national origin, or any other legally prohibited basis. C. The leased premises will be used only in compliance with all requirements of 49 CFR Part 21 (Nondiscrimination in the Federally Assisted Programs of the Department of Transportation), as it may be amended. 12. Notices: All notices under this lease, including changes of address, may be delivered by U.S. mail, first-class postage prepaid, at the addresses shown below: LESSOR: LESSEE: City of Siloam springs Upward Investment LLC Post Office Box 80 Attn: Jared Thomson Siloam Springs, AR 72761 PO Box 250 Email: Tontitown, AR 72770 [email protected] Email: Phone: 479-524-4103 Phone: Each such notice shall be deemed delivered 5 business days after mailing. Page 3 of 5 13. Miscellaneous: A. Non-Waiver: Waiver of any breaches of this agreement by either party shall not be construed a waiver of further breach of the same covenant or of any other covenant or condition. B. Binding Effect: The covenants of this lease shall be binding upon, and shall insure to the benefit of, the heirs, representatives, successors and assigns of the parties hereto. C. Modification of Lease: The terms of this lease may be changed only by writing executed by both parties. D. Severability: If any provision of this lease shall be declared invalid or unenforceable by a court having proper jurisdiction, the remainder of the lease shall not be affected, and the inoperative terms shall be replaced with legal provisions designed to implement the original intention of the parties. 14. Compliance with Laws: Lessee agrees that it will not violate applicable laws or regulations by its use of the leased premises. Lessee further agrees not to permit any public or private nuisance to exist on the leased premises. 15. Waste: Lessee agrees not to commit waste, nor permit waste to result or to be done to the premises or to the improvements thereon. 16. Use of Airport Facilities: Lessee is granted the non-exclusive use, in common with others similarity authorized, of the airport and its facilities and services including, without limitation, the landing field, roadways, runways, aprons, taxiways, flood lights, landing lights, beacon, control tower, signals, radio aids and other conveniences for flying, landing and take-offs. Lessee’s use is subject to all applicable regulations and charges. 17. Interpretation / Dispute Resolution: This agreement shall be interpreted according to the laws of the State of Arkansas. All claims or disputes arising from this agreement, or from Lessee’s use of the leased premises or airport facilities, shall be litigated solely in the courts of Benton County and appellate courts of the State of Arkansas. 18. Financial Security: Lessee shall be bonded in the amount of $ _____ with Lessor listed as beneficiary, or provide other security acceptable to the City, redeemable in the event of a) failure to complete construction of the hangar or any associated improvements; b) failure to pay any creditor, vendor, taxing authority, contractor or sub-contractor, resulting in a lien claim against the premises, improvements or leasehold interest. Certificates of such required bond or equivalent security shall be furnished by Lessee to Lessor prior to the effective date of this lease, and shall be maintained in effect until a permanent certificate of occupancy is issued by the City. Any material changes in those certificates must have prior written approval of Lessor. Page 4 of 5 19. Time of completion: Lessee shall have until ______, 20____, to substantially complete the hangar in accordance with plans approved by the City. In the event work has not commenced as of said date, Lessee shall be deemed in default, and Lessor may, without limitation upon its other rights at law, terminate this lease and take possession of (or lease to a third party) the leased premises, without other or further notice to Lessee. Should work have commenced but not be substantially complete, Lessor may, without limitation upon its other rights at law, invoke its financial security rights as provided above in order to affect completion of the hangar and any ancillary work necessary for it to be put into operation. Lessor reserves the right, at its sole discretion, to extend said deadline in the event of non-completion of the project due to factors beyond Lessee’s control, or other good cause shown. 20. Special terms and conditions: In addition to the above, the parties agree as follows: A. Lessee agrees not to fuel or defuel any aircraft parked inside the Hangar. B. Lessee may park its and/or its passenger’s privately owned automobile(s) inside the Hangar, but only while on a flight which originated at the Airport. 21. Entirety of Agreement: This contract contains the entire agreement between the parties, and no other oral or written agreement shall be binding upon them, unless specifically agreed to by both parties in writing. IN WITNESS WHEREOF, the parties have executed this lease on the ______day of January 2021. FOR LESSOR: FOR LESSEE: ______Judy Nation, Mayor Jared Thomson City of Siloam Springs Upward Investment, LLC Attest: Renea Ellis, City Clerk {Seal} Page 5 of 5 STAFF REPORT TO: Phillip Patterson, City Administrator FROM: Don Clark, Community Development Director DATE: January 13, 2021 RE: Property Purchase / Budget Amendment / Administration / 905 E. University / $30,000 Recommendation: Approve a budget amendment for $30,000 and the purchase of 905 E University for $28,000. Background: The property located at 905 E. University is located in a regulatory floodway and is just downstream from the junction of two (2) drainage channels (see attachment). During times of heavy rainfall the confluence of these drainage channels has backed up causing severe flooding issues. Several times in the past few years our local fire and police departments have had to respond for rescues at this location due to rising waters and flooding. In years past, city staff discussed the possibility of purchasing the property, but the then owner did not express any interest in selling the property at a reasonable price. The owner has recently passed away, and the heirs and successors have expressed an interest in selling and have agreed to sell the property to the City for the value of the land. The County Assessor’s office has the property’s assessed value listed at $53,050 ($28,000 for the land and $25,050 for the structure). It is staff’s opinion that the purchase of this property is in the City’s interest in order to mitigate any future public safety risks, and to ensure the property does not go back on the market and place another occupant in danger. Fiscal Impact: The fiscal impact will increase the 2021 Administration’s budget by $30,000, which includes $28,000 for the purchase of the property plus an additional $2000 to cover all closing costs. The official budget amendment will be included in the year end budget amendment resolution brought to the Board by the Finance Director at the end of 2021. Attachments: Regulatory Floodway Map of Property Contract of Sale of Real Estate City of Siloam Springs Web Map OUTLINE OF PROPERTY DRAINAGE CHANNEL NOT IN FLOODWAY POINT WHERE TWO CHANNELS MEET DRAINAGE CHANNEL IN FLOODWAY 1/13/2021, 11:03:47 AM 1:1,128 Streets 100 Year Floodplain 0 0.0125 0.025 0.05 mi 1% Annual Chance Flood Hazard Parcels 0 0.02 0.04 0.08 km 500 Year Floodplain Cross Sections 0.2% Annual Chance Flood Hazard Regulatory Floodway city of siloam springs, AR; Benton County GIS; Federal Emergency Management Agency; Arkansas GIS Office; the Floodway City of Siloam Springs, AR; City of Siloam Springs, AR the City of Siloam Springs, AR; U.S. Census Bureau | city of siloam springs, AR; NHD; NRCS | Arkansas GIS Office; City of Siloam Springs, AR; The National Map; | Arkansas GIS Office | the City of Siloam Springs, AR. | the City of Siloam Springs, AR; First Step Pavement Management | Federal Emergency Management Agency; Arkansas GIS Office; the City of Siloam Springs, AR; | U.S. PLSS; the City of Siloam Springs, AR | the City of Siloam Springs, AR; NWARPC | city of siloam springs, AR | the City of Siloam Springs, AR | ARDOT; | city of siloam springs, AR; Benton County GIS; | CONTRACT OF SALE OF REAL ESTATE This is a legally binding Contract; if not understood, seek advice from an attorney. PARTIES. THE CONTRACT is entered into between: Hector Vega, Jr. "Seller" and The City of Siloam Springs, "Buyer''. The Parties' signatures at the end of the Contract, which includes any attachments or documents incorporated by reference, with delivery to their respective Brokers, if applicable, will create a valid and binding Contract, which sets forth their complete understanding of the terms of the agreement. This agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, successors and permitted assigns. The Contract shall be executed by original signatures of the Parties or by signatures as reflected on separate identical Contract counterparts (carbon, photo, fax or other electronic copy). All prior verbal or written negotiations, representations and agreements are superseded by the Contract, which may only be modified or assigned by a further written agreement of Buyer and Seller. The Parties agree that all notices and documents provided for in this contract shall be delivered to the Parties or their respective Brokers, if applicable. Seller agrees to sell and convey by General Warranty Deed, Special Warranty Deed, Quit Claim Deed and Buyer agrees to accept the deed and buy the Property described herein, on the following terms and conditions: The Property shall consist of the following described real estate located in Benton County, Arkansas. 1. LEGAL DESCRIPTION. The west 1/2 of Lot 3 and the west 1/2 of Lot 4 South of the alley in Block 6, Gunter's Addition, Siloam Springs, Arkansas. Together with all fixtures and improvements, and all appurtenances, subject to existing zoning ordinances, plat or deed restrictions, utility easements serving the Property, including all mineral rights owned by Seller, which may be subject to lease, unless expressly reserved by Seller in the Contract and excluding mineral rights previously reserved or conveyed of record (collectively referred to as "the Property".) 2. PURCHASE PRICE, EARNEST MONEY, AND SOURCE OF FUNDS. This is a CASH TRANSACTION without Seller financing. The Purchase Price is $28,000.00 payable by Buyer as follows: Within ten {10} days of the execution of the Contract. Buyer shall pay the balance of the purchase price and Buyer's Closing costs at Closing. 3. CLOSING, FUNDING AND POSSESSION. The Closing process includes execution of documents, delivery of deed, and receipt of funds by Seller and shall be completed on or before January 29, 2021, ("Closing Date") or such later date as may be necessary in the Title Evidence Paragraph of the Contract. Possession shall be transferred upon conclusion of Closing process unless otherwise provided below: _Buyer currently in possession_. In addition to costs and expenses otherwise required to be paid in accordance with terms of the Contract, Buyer shall pay Buyer's Closing fee, Buyer's recording fees, and all other expenses required from Buyer. Seller shall pay documentary stamps required, Seller's Closing fee, Seller's recording fees, if any, and all other expenses required from Seller. 4. ACCESSORIES, EQUIPMENT AND SYSTEMS. The following items, if existing on the Property, unless otherwise excluded, shall remain with the Property at no additional cost to Buyer: • Key(s) to the property • Fences (includes sub-surface electric & components) • Water meter, if owned • All remote controls, if applicable. A. Additional Inclusions. The following items shall also remain with the Property at no additional cost to Buyer: B. Exclusions. The following items shall not remain with the Property: 5. TIME PERIODS SPECIFIED IN CONTRACT. Time periods for Investigations, Inspections and Reviews and Financing Supplement shall commence on (Time Reference Date), regardless of the date the Contract is signed by Buyer and Seller. The day after the Time Reference Date shall be counted as day one (1). If left blank, the Time Reference Date shall be the third day after the last date of signatures of the Parties. 6. INVESTIGATIONS, INSPECTIONS and REVIEWS. Buyer shall have until ten (10) days prior to closing to inspect property. 7. RISK OF LOSS. Risk of loss shall be upon Seller until closing. 8. ACCEPTANCE OF PROPERTY. Buyer, upon accepting Title or transfer of possession of the Property, shall be deemed to have accepted the Property in its then condition. No warranties expressed or implied, by Sellers, Brokers and/or their associated licensees, with reference to the condition of the Property, shall be deemed to survive the Closing. 9. TITLE EVIDENCE. A. Buyer's Expense. Buyer, at Buyer's expense, shall obtain: (check one) Commitment for Issuance of a Title Insurance Policy based on an Attorney's Title Opinion which is rendered for Title Insurance purposes for the Owner's and Lender's Title Insurance Policy. OR Attorney's Title Opinion which is not rendered for Title Insurance purposes B. SELLER'S EXPENSE. Seller, at Seller's expense, within thirty (30) days prior to Closing Date, agrees to make available to Buyer the following (collectively referred to as "the Title Evidence"): 1) A complete and current surface-rights only Abstract of Title, certified by an Arkansas licensed and bonded abstract company, OR A copy of Seller's existing owner's title insurance policy issued by a title insurer licensed in the State of Arkansas together with a supplemental and current surface-rights-only abstract certified by an Arkansas licensed and bonded abstract company; 2) A current Uniform Commercial Code Search. C. LAND OR BOUNDARY SURVEY OR REPORT. Seller agrees that Buyer, at Buyer's expense, may have a licensed surveyor enter upon the Property to perform: (Check One) A Land or Boundary (Pin Stake) Survey, or A Mortgage Inspection Report that shall then be considered as part of the Title Evidence. Seller shall furnish Seller's existing survey of the Property to Buyer and the Title Company, along with Seller's affidavit acceptable to the Title Company for approval of the survey. The existing Survey (check one): _will _X_will not be re-certified to a date s·ubsequent to the Time Reference Date of this Contract at the expense of (check one): Buyer Seller. If the existing survey is not approved by the Title Company or Buyer's Lender, a new survey will be obtained at the expense of (check one): Buyer Seller no later than 3 days prior to the Closing Date. Survey Not Required D. BUYER TO EXAMINE TITLE EVIDENCE. 1) Buyer shall have ten (10) days after receipt to examine the Title Evidence and to deliver Buyer's objections to Title to Seller, or Seller's Broker, if applicable. In the event the Title Evidence is not made available to Buyer, in care of Buyer's Broker, if applicable, within ten (10) days prior to Closing Date, said Closing Date shall be extended to allow Buyer the ten (10) days from receipt to examine the Title Evidence. 2) Buyer agrees to accept title subject to: (i) utility easements serving the property, (ii) building and use restrictions of record, (iii) set back and building lines, (iv) zoning regulations, and (v) reserved and severed mineral rights, which shall not be considered objections for requirements of Title. E. SELLER TO CORRECT ISSUES WITH TITLE (IF APPLICABLE), POSSIBLE CLOSING DELAY. Upon receipt by Seller, or in care of Seller's Broker, if applicable, of any title requirements reflected in an Attorney's Title Opinion or Title Insurance Commitment, based upon the standard of marketable title set out in the Title Examination Standards of the Arkansas Bar Association, the Parties agree to the following: 1) At Seller's option and expense, Seller may cure title requirements identified by Buyer; and 2) Delay Closing Date for 30 days, or a longer period as may be agreed upon in writing, to allow Seller to cure Buyer's title requirements. In the event Seller cures Buyer's objection prior to the delayed Closing Date, Buyer and Seller agree to close within five (5) days of notice of the cure. In the event that title requirements are not cured within the time specified in this Paragraph, the Buyer may cancel the Contract and receive a refund of earnest money F. Upon Closing, any existing Abstract(s) of Title, owned by Seller, shall become the property of Buyer. 10. TAXES, ASSESSMENTS AND PRORATIONS. A. General ad valorem taxes for the current calendar year shall be prorated through the date of closing, if certified. However, if the amount of the taxes has not been fixed, the proration shall be based upon the rate of levy for the previous calendar year and the most current assessed value available at the time of Closing. B. The following items shall be paid by Seller at Closing: (i) Documentary Stamps; (ii) all taxes other than general ad valorem taxes which are or may become a lien against the Property; C. At Closing all leases, if any, shall be assigned to Buyer and security deposits, if any, shall be transferred to Buyer. Prepaid rent and lease payments shall be prorated through the date of Closing. D. If applicable, membership and meters in utility districts to include, but not limited to, water, sewer, ambulance, fire, garbage, shall be transferred at no cost to Buyer at Closing. 11. ADDITIONAL PROVISIONS. N/A 12. MEDIATION. Any dispute arising with respect to the Contract, shall first be submitted to a dispute resolution mediation system servicing the area in which the Property is located. Any settlement agreement shall be binding. In the event an agreement is not reached, the Parties may pursue legal remedies as provided by the Contract. 13. BREACH AND FAILURE TO CLOSE. Seller or Buyer shall be in Breach of Contract if either fails to comply with any material covenant, agreement, or obligations within the time limits required by the Contract. TIME IS OF THE ESSENCE IN THIS CONTRACT. Following a breach by either Seller or Buyer of the Contract, and after an unsuccessful mediation, as set out in MEDIATION Provision, the other Party shall have the following remedies: A. UPON BREACH BY SELLER. If the Buyer performs all of the obligations of Buyer, and if, within five (5) days after the date specified for Closing under Paragraph 3 of the Contract, Seller fails to convey the Title or fails to perform any other obligations of the Seller under this Contract, then Buyer shall be entitled to either cancel and terminate this Contract, return the abstract to Seller and receive a refund of the earnest money, or pursue any other remedy available at law or in equity, including specific performance. B. UPON BREACH BY BUYER. If at any time prior to closing the Buyer's Earnest Money should fail for lack of delivery or lack of collection pursuant to Paragraph 2, then Seller may, at Seller's option, elect to do one of the following: (i) cancel and terminate this Contract upon delivery of notice of termination to Buyer, (ii) pursue any other remedy available at law or in equity, or (iii) enter into a written agreement between Buyer and Seller modifying the terms of Paragraph 2 to cure the lack of delivery or lack of collection of the Earnest Money. If, after the Seller has performed Seller's obligation under this Contract, and Buyer fails to provide funding, or fails to perform any other obligations of the Buyer under this Contract, then the Seller may, at Seller's option, cancel and terminate this Contract and retain all sums paid by the Buyer, but not to exceed 5% of the purchase price, as liquidated damages, or pursue any other remedy available at law or in equity, including specific performance. 14. INCURRED EXPENSES AND RELEASE OF EARNEST MONEY. A. Incurred Expenses. Buyer and Seller agree that any expenses, incurred on their behalf, shall be paid by the Party incurring the expenses and shall not be paid from earnest money. B. Release of Earnest Money. In the event a dispute arises prior to the release of earnest money held in escrow, the escrow holder shall retain said earnest money until one of the following occur: 1) A written release is executed by Buyer and Seller agreeing to its disbursement; 2) Agreement of disbursement is reached through Mediation; 3) lnterpleader or legal action is filed, at which time the earnest money shall be deposited with the Court Clerk; or 4) The passage of thirty (30) days from the date of final termination of the Contract has occurred and options 1), 2) or 3) above have not been exercised; escrow holder, at holder's discretion, may disburse earnest money. The disbursement may be made only after fifteen (15) days written notice to Buyer and Seller at their last known address stating the escrow holder's proposed disbursement. 15. NON-FOREIGN SELLER. Seller represents that at the time of acceptance of this contract and at the time of Closing, Seller is not a "foreign person" as it is defined in the Foreign Investments ih Real Property Tax Act of 1980 (26 USC Section 1445(f) et. Sec) ("FIRPTA"). If either the sales price of the property exceeds $300,000.00 or the buyer does not intend to use the property as a primary residence then, at the Closing, and as a condition thereto, Seller shall furnish to Buyer an affidavit, in a form and substance acceptable to Buyer, signed under penalty of perjury containing Seller's United States Social Security and/or taxpayer identification numbers and a declaration to the effect that Seller is not a foreign person within the meaning of Section "FIRPTA." 16. TERMINATION OF OFFER. The above Offer shall automatically terminate on January 8, 2021 unless withdrawn prior to acceptance or termination. 17. EXECUTION BY PARTIES. AGREED TO BY BUYER: AGREED TO BY SELLER: Dated this __ day of 2021. For the City of Siloam Springs, Buyer: Judy Nation, Mayor Attest: Renea Ellis, City Clerk Seller: STATE oF ArlloA 1Si12 ss: COUNTYOFh_),~ q 2,~ ~ ~ (2020) Before me, the undersigned authority, on this ~ day of RJYl personally appeared Hector Vega, Jr., to me well known to be the person who executed the foregoing instrument, and he acknowledged before me that he executed he same as his voluntary act and deed. My Commission Expires: 10/w I io24 (SEAL) BRANDY ROWBOTHAM No.tory Public-Arkansas Benton County My commlsslott Expires 10-30-2024 commission* 12401798 STAFF REPORT TO: Phillip Patterson, City Administrator FROM: Ben Rhoads, AICP, Senior Planner Cc: Don Clark, Community Development Director DATE: December 4, 2020 RE: Ordinance 21-01 / Annexation of 30.03 acres / 14505 North Country Club Road Recommendation: Place Ordinance No. 21-01 on its _____ (1st, 2nd or 3rd) reading, suspending the rules and reading by title only. Background: The applicant, Younger Family Trust, desires to annex property abutting the City Limits consisting of 30.03 acres and the abutting portion of the N. Country Club Rd. right-of- way. The annexation meets all legal requirements set forth by the State and Benton County. The Benton County Court approved the annexation in the attached order on November 19, 2020. The petition (attached) was signed by 100 percent of the real estate owners in the proposed territory, one of which includes Benton County. The schedule of services indicated in the annexation petition is proposed as, “All of those rights and privileges had and enjoyed by the inhabitants within the limits of the City of Siloam Springs”. The proposed City ward is Ward 2; the proposed zoning is P-D (Planned Development). This zone was selected to match the land uses shown in the approved preliminary plat “Mission Hill Addition”. The full proposal for the Planned Development zone standards is attached to this memo. The County is requiring that the City annex the N. Country Club Rd. right-of-way abutting per the ordinance’s legal description. The Planning Commission currently does not review annexations. Finally, staff mailed letters to landowners adjoining the subject property. The letter included the proposed zoning. Fiscal Impact: Minimal fiscal impact is expected. The applicant is extending services to the property upon development. Attachments: Annexation Zoning Map Exhibit C—Letter Verifying Continuity County Clerk Annexation Verification with the City Judge’s Order Authorizing Annexation Exhibit D—State GIS Verification Letter County Clerk Verification of Petition with Map and Legal Description Benton County GIS Verification Additional Documentation from the Benton Annexation Amended Petition County Clerk’s Office Verifications of Correct Petition PUD Master Plan and Proposed Zoning Exhibit A—Map and Legal Description Standards Exhibit B—Title Verification and Property Ordinance No. 21-01 Ownership Documentation 12/29/20 GENERAL AREA MAP Younger Annexation ´ RURAL RURAL RURAL Subject Property RURAL RURAL RURAL R RURALRURAL RURALRURALRURAL RURAL RURAL RURAL RURAL RURAL RURALRURAL RURALRURAL RURALRURAL RURAL RURALR-3 R-3 RURALRURAL R-3 RURALRURAL R-3 R-3 R-4 R-3 R-3 RURA RURAL R-3 R-3 RURAL R-4 R-3 R-3 R-3 WebR-3b Wheel ROWR-3 R-4R-3R-3R-3 D R R-2 B LU C Y TR Endura Park Addition N OU C N I-1 P-K SILOAM SPRINGS T RD DAWN HILL EAS SHADY GROVE RD R-4 DAVIDSON RD D TS I R 9 L M 5 RD IL Y BIL S LI T T H N S N S HW N O HE W TY S T L I A P IC T O D S E D C S C T H R D S N N O T I RL L O R A I-1 O N W C P G E TAHLEQUAH ST N R I O SILOAM SPRINGS A D E MAIN ST N T S E HWY 41 T 2 412 T £ S ¤ S O 010.75 .53Miles S S C N L T I T L 6 S A R H 1 O T T A S M C S E Y C KEC L K C RD N E W E I1 S 0 0.0425 0.085 0.17 Miles .,.. ,,,,,,,,,,,,,,. STATE OF ARKANSAS ,,,,_,,m,,,., BETSY HARRELL COUNTY CLERK & VOTER REGISTRAR PROBATE COURT CLERK 215 EAST CENTRAL, SUITE 217 COURTHOUSE,102 N.E. "A" STREET BENTONVILLE, AR 72712-5373 BENTONVILLE, AR 72712-5350 479-271-1013 479-271-5727 Fax: 479-271-1019 FAX: 479-271-1712 November 24, 2020 R-~·- ..:. :"'~::'\/ED- c:I Honorable John Mark Turner !L:.Bo ..~ City of Siloam Springs 9 PO Box 80 Siloam Springs, AR 72761 Re: In the Matter of Annexing to the City of Siloam Springs, Arkansas Certain Territory Contiguous To Said City of Siloam Springs, Arkansas Dear Mayor Turner: The County has received and processed a proposed annexation pursuant to ACA § 14-40- 609 related to annexations by 100% of the property owners. I am transmitting to you a copy of the documents relating to the proposed annexation for consideration by the Siloam Springs City Council. Ifyour council and you approve the annexation, please ask your clerk or recorder to return to me one (1) certified copy of the plat of the annexed property and one (1) certified copy of the ordinance or resolution approving the annexation so that I can send those on to the Secretary of State as required by the statute. Please feel free to contact me if you have questions. BETSY HARRELL, County Clerk enc ROGERS OFFICE ROGERS ARCHIVES SILOAM SPRINGS OFFICE 2111 W. WALNUT 2111 W. WALNlTT' 707 S. LINCOLN (479) 636-3727 • (479) 636-1037 • 479-271-1013 . FAX (479) 636-4922 FAX ( 479) 636-1053 FAX (479) 524-8534 _) J r---j • • t \ ).-.._... ; • - ' , , t.__ L..~ LJ, ::::NOV 19 PH 3: OI IN THE MATTER OF ANNEXING TO THE CITY OF SILOAM SPRINGS, ARKANSAS CERTAIN TERRJTORY CONTIGUOUS TO SAID CITY OF SILOAM SPRINGS, ARKANSAS COUNTY COURT CASE NO. CC 2020-17 ORDER AUTHORIZING ANNEXATION PURSUANT TO ACA § 14-40-609 l, Barry Moehring, County Judge of Benton· county, having reviewed the attached petition for annexation and verification of petition, hereby find that the petition: I) is in writing; 2) contains an attestation signed before a notary 01· notaries by the property owner or owners of the relevant property or properties confirming their desire to be annexed; 3) contains an accurate description of the relevant property or properties; 4) contains a letter or title opinion from a certified abstractor or title company verifying that the petitioners are all owners of record of the relevant property or properties; 5) contains a letter or verification from a certified surveyor or engineer verifying that the relevant property or p1·operties are contiguous with the annexing city or town and that no enclaves will be created ifthe prope1ty or properties are accepted by the, city or town - additionally a copy of the letter from the State of Arkansas GIS office approving the legal description for the annexation was provided; and 6) includes a schedule of services of the annexing city or town that will be extended to the area within three (3) years after the date the annexation becomes fin'al. TI1e County Clerk is directed to forward a copy of this order and the related Petition to the Mayor of the City of SILOAM SPRINGS. l, Digitally signed by Barry Moehring Barry ~ ON: cn=Barry Moehring, a=Benton J •.County.ou, • } ~!~r ry.Moehring@bentoncou - ntryar.gov, e=US M0 e h r I n Date: 2020.11.19 09:14:44 --06'00' ------L ~J..-:------~ HON. BARRY MOEHRING, County Judge Date 2020 ... 5060 ) D Fl LEG IN THE MATIER OF ANNEXING TO THE 2020 HOV 16 PH 3: 30 CITY OF SILOAM SPRINGS, ARKANSAS r- ·:·, ..i f.r ;• ;·. :.::1 l Bc. 1.:' 111~ 1\. l.L- -- CERTAIN TERRITORY CONTIGUOUS TO SAID co & P!\OBAT~ . CJ-ERK CITY OF SILOAM SPRINGS, ARKANSAS BENTON COUet~~~- 17 VERIFICATION OF PETITION FOR ANNEXATION PURSUANT TO ACA § 14-40-609 We, Betsy Harrell, County Clerk ofBenton County, and Roderick Grieve, County Assessor of Benton County, attest as follows: Our offices have received the attached petition seeking annexation. The petition has been reviewed and we hereby verify that the petition: (A) is in writing; (B) contains an attestation signed before a notary or notaries by the property owner or owners of the relevant property or properties confirming the desire to be annexed; (C) contains an accurate description of the relevant property or properties; (D) contains a letter or title opinion from a certified abstractor or title company verifying that the petitioners are all owners of record of the relevant property or properties; (E) contains a letter or verification from a certified surveyor or engineer verifying that the relevant property or properties are contiguous with the annexing city or town and that no enclaves will be created if the property or properties ar~ accepted by the city or town; and (F) include a schedule of services of the annexing city or town that will be extended to the area within three (3) years after the date the annexation becomes final. HO~~tyClerk ) ~llt:LJ 2020 HOV 16 PM 3: 30 ·" ,- -, 0·'' 11' ., t .. . , I ...~L' u., l' .1r-P ·''''·•~ ..t...• '~ !- co & PHOBATE CLERt\ BENTON COUNTY. AR Date: November 10, 2020 Subject: Proposed Annexation Checklist CC 2020-17 Amended Siloam Springs, AR ~) is in writing; / (B) contains an attestation signed before a notary or notaries by the property owner or owners of the relevant property or properties confinning the desire to be annexed; / {C) contains an accurate description of the relevant property or properties; L (D) contains a letter or title opinion from a certified abstractor or title company verifying that the petitioners are all owners of record of the relevant property or properties; L (E) contains a letter or verification from a certified surveyor or engineer verifying that the relevant property or properties are contiguous with the annexing city or town and that no enclaves will be created if the property or properties are accepted by the city or town; and / (F) include a schedule of services of the annexing city or town that will be extended to the area within three (3) years after the date the annexation becomes final. ;YA [Additionally, we note that the legal description in (B) does not include in its description certain dedicated public roads and rights of way abutting or traversing the property to be annexed, the legal descriptions for which are included on the attached Exhibit "A"] cliae ._ 1 Manager - GIS-Mapping Dept. Benton County Assessor's Office Phone:479-271-1037,ext. 7004 Email: [email protected] ., \ ) -·-'" ~ -~ ... 1 1 ;...... - .,. ! : L. _L _ . ~ ...... ) 2010 OCT 22 AH 8: O:> IN THE MATTER OF ANNEXING CERTAIN CONTIGUOUS REAL PROPERTY TO THE CITY OF SILOAM SPRINGS, ARKANSAS AMENDED PETITION FOR ANNEXATION Comes now the undersigned trustees of the Younger Family Trust, a California Trust ("Trust''), and Benton County, Arkansas, by and through its County Judge, Barry Moehring, ("Benton County"), and for its Petition to the Board of Directors of the City of Siloam Springs, Arkansas, pursuant to A.C.A. § 14-40~609 ("Annexation by 100% Petition"), states as follows: 1. The Petitioners, as I 00% owners of the herein-described real property lying in Benton County, Arkansas, does hereby petition the Board of Directors of the City of Siloam Springs, Arkansas to annex the said real property to the City of Siloam Springs, Arkansas, as provided for by A.C.A. § 14-40-609. This Petition is signed ·by counsel and verified by the trustee of the Petitioner Trust and County Judge Barry Moehring, as the sole owners of the real property to be annexed, and the Petitioners own all ofthe acreage affected hereby. 2. By this Petition, the Petitioner Trust appointS Erik P. Danielson of Danielson Law Finn, PLLC, to act on its behalf in presenting this matter to the County and all other governing bodies, as necessary. The Petitioner Benton County appoints George Spence of Clark and Spence to act on its behalf in presenting this matter to the County and all other governing bodies, as necessary. 3. The description of the real property to be annexed to the City of Siloam Springs, Arkansas is as follows: The South 30 acres ofthe NW~ ofthe NE-% ofSection 29, Township 18 North, Range 33 West, Benton County. Arkansas. ) D 2fi2~ OCT 22 AM 8: 03 4. Petitioners state that the real property described herein and sought tp .~ ~p~,ed tq_. . ~.! L I J ! :( M f\ n. L.. L l- the City of Slloam Springs, Arkansas lies in Benton County and is across th~~-~-~~~;~~~ ·~·~f •· '- •' ~ Jrtl;_ .... \ 1 ~· ·~:\ comer to the City of Siloam Springs, Arkansas. 5. A copy ofa map ofthe tract of real property sought to be annexed is attached hereto as Exhibit "A". A letter from First National Title Company verifying that the Petitioners are the owners of record of the subject property is attached hereto as Exhibit "B,,. A letter from Crafton Tull verifying that the subject property is contiguous with the annexing City of Siloam Springs, Arkansas is attached hereto as Exhibit "C". A copy of the coordination approval letter from the Arkansas Secretary of State GIS department is attached hereto as Exhibit ''D". 6. The Schedule of Services to be extended and provided by the annexing City of Siloam Springs is as follows: All of those rights and privileges that are had and enjoyed by the inhabitants within the limits of the City of Siloam Springs, Arkansas. WHEREFORE, pursuant to A.C.A. § 14-40-609, the undersigned Petitioners pray that within fifteen (15) days of the filing of this Petition with the Benton County Assessor and Benton County Clerk, said Assessor and Clerk verify this Petition and present the same to the Benton County Judge; that within fifteen (IS) days of receipt of the verified Petition, the County Judge verify the same and issue an Order on the Petition in accordance with A.C.A. § 14-40-609(c )(2)(0) and forward this Petition and said Order to the Board of Directors of the City of Siloam Springs; that the Board of Directors of the City of Siloam Springs grant the Petition via ordinance or resolution accepting the real property described herein for annexation to the City of Siloam Springs, Arkansas; for a final order from the Benton County Judge confirming the annexation; and that Petitioner be granted all other relief to which it is entitled. 2 I , . r - l ;___ . r-:_ ! ····' Respectfully submitted, 20!~ OCT 22 AH 8: 03 and BARRY MOEHRING, BENTON COUNTY JUDGE by its attorneys DANIELSON LAW FIRM, PLLC 909 E. Rolling Hills Dr. Fayetteville, AR 72703 Telephone 479-935-8313 Facsimile 479-439-8167 Erik.Danielson@DanielsonLawFirm~com By Erik P. Danielson, ABA #2005060 3 ) 20ZH OCT 22 AH 8: 03 VERIFICATION STATE OF CALIFORNIA ) ) SS. COUNTY OF ) The Petitioner, The Younger Family Trust, acting by its appointed and authorized Trustees named below, hereby states upon oath that the foregoing Petition for Annexation is true and correct to the best of its knowledge, infonnation and belief, and that the petitioning Trust desires the relevant real property referenced herein to be annexed as requested herein. THE YOUNGER FAMILY TRUST By ~~~Thomas Craig Yo~rustee By i!'t:me~ WITNESS my hand and seal on this l t\. day of Q A°'9er ,2020. My Commission Expires: oi/wha27I I ~~&..CHRISTOPHER MATTHEW KLEiN [ COMM . #2274310 z Notary Public • California e: Santa Barbara County .... M Comm. Ex ires Jan. 5, 2023 4 ) 202c OCi 22 AH 8: 03 VERIFICATION STATE OF CALIFORNIA ) ) SS. COUNTY OF ) The Petitioner, The Younger Family Trust, acting by its appointed and authorized Trustees named below, hereby states upon oath that the foregoing Petition for Annexation is true and correct to the best of its knowledge, infonnation and belief, and that the petitioning Trust desires the relevant real property referenced herein to be annexed as requested herein. THE YOUNGER FAMILY TRUST By ~~~Thomas Craig Yo~ruste~ By e~~~ WITNESS my hand and seal on this 1L\ t\. day of Q W,£ , 2020. ~LS;-1~lie My Commission Expires: a1/w/2a21r I COMM. #2274310 z Notary Public · California ~ Santa Barbara County .... M Comm. Ex ires Jan. 5, 2023 4 D D VERIFICATION 202U OCT 22 AH 8: OJ STATE OF ARKANSAS ) ) SS. COUNTY OF BENTON ) The Petitioner, Benton County, Arkansas, by Judge. Bany Moehring, hereby states upon .oath that .the foregoii1g P.etition for Annexation is true and correct to th~ best of .his knowledge, informat~on _aqq pel.il;f~ ~nd that the Pc;:titioner desires the relevant real property. referenced herein to be,atrn<;:xed as requested herein. JUDGE BARRY MOEHRING for "N COUNTY, ARKANSA$ ( ~illt1: . ( By WITNESS niy:hand and seal on this _..J'-'q.._~_ . dayor_IJi..;...;;a,_· ft>_·· b_·eJf_ . _, ~020. My Commission Expires: 1.f ro.} Y?z.¥ . . A'?lft:~~,, . . TRliCV1. BACKS i ilioWtf.•,~', MY COMMISSION# 1. 2699332. \'i;~ }~ . ExPIRES: Ju!V 10; ~~8 .. \~l.t.H~' Benion eounly· . . ... 5 Exhibit A July 29, 2020 1:8,564 0 0.05 0.1 0.2mi I I I Parcels I I I I I I I I I I I DJ 0 0.1 0.2 0.4 km Major Roads ~Streets - Major Roads D l) t ·- ~ L_ . t.-:. i ·---·' October 8, 2020 ZOZtl OCT 22 AM 8: 03 I.: '• ·; ... \ ~ 1 • ; , • 1' ... • L RE: Certification of Ownership • ., L. • ...> { t1 t•. tH< C. L ~ ~, E t;; t{ i;i--'1..,, .... - tf:'i)B ' .. '!lTF ~ ... _ f'I..~:... t ,, "\ ,i.~ r:-.i.r1· 1 ·t: : i~flliH T '/ /\'C STATE OF ARKANSAS ) :J:. f • • 1 . • r ·, .~.:.; '" r t • -W.1\ ) COUNTY OF WASHINGTON ) I, the wt9ersigned, am a certified title agent with First National Title Company and I do hereby certify that I have examined the property which is depicted and described on Exhibit "A" attached hereto, located in Benton County~ Arkansas, and-find that, a,s to Tract ..A'~, the Younger Family Trust dated April 20, 2004, and as to Tract "B", Benton County, Arkansas, is the fee simple owner of record of the said property. being the proposed property for annexation. Sincerely, By: VERIFICATION STATE OF ARI<:ANSAS ) ) SS. COUNTY OF WASHINGTON ) The urtdersign~d, being duly sworn on oath, state that I have read the !;lbove and foregoing Letter of Certification and the facts and matters contained therein are true and correct to the best of my infonnation, knowledge and belief. First National Title Company By: ~NiCh018SA. lclle - License No. 17020713 WITNESS my hand and seal on this gth day of October, 2020. . :o.\\\\\\l\lllll11111. ~ • l ~ ;:;:::::< _Q _ ,,,,L._coouL\''''" N · p · ~h1· · · ~"~ "!;, •••••.••• ~..q_,~ otary U lC ~9 ~-~?t.ION~' ~ M C . . E . ~§.. ~"<'IJ'\-20l> -·~·· ~ y omrmss1on xpues: ~;;:o;::S~o1./l.R't' ~\t11~ - ·•c.> ~ • -.•r ·<-•en- : ~... Pue\.'"' 0: z:; ~~... )!.:~~ 1 ~ ~ ··.ra -tfj.•:· ~ ~ %~+.··~:-~~---~-~ ~,,,"!roN cou~~,,~ ~,,,,,,, 11\\\\\\\ ) 2020 OC1 22 AM 8= 03 EXHIBIT A Tract ''A'' The South 30 acres of the NW¼ of the NE¼ of Section 29, Township 18 North,Range 33 West Benton County, Arkansas. Tract ''B" A strip ofland30 feetin width, runningNorth and South, squarely offthe East side of the following described tract of land, to wit: The South 30 acres of the NW ¼ of the NE ¼ of Section 29. Township 18 North, Range 33 West, Benton County, Arkansas. 2 D I.) 901 N 47th Street, Suite 400 C . . . ( . ! L t::_ ~~~ers, AR. 72756 9 Crafton Tull 479.636.4838 (ph) 202u OCT 22 AM aF~ ·§31.6224 (tax) October 12, 2020 RE: Siloam Springs Annexation Certification To whom it may concern, I am writing this letter in regards to Parcel numbers 18-14045-000 and 18-14047-000 currently in Benton County. I can certify that the combination of these properties are contiguous to the City of Siloam Springs and by annexing this parcel into Siloam Springs, no islands or enclaves are created within the county. Let us know if you have any questions. Thanks, " .. - .. .,, • v~ ... - ... ,, '• ~ - • • - ,. " . , .. .w~w.:craftontull. com: ...... ~ .. . • 1 .. : • • ~ .. .. - - c , ,,, ) !) Depart~ent lot .Transfarbatibn ARKANSAS and Shared Services GIS OFFICE 2 62~~~a~c~Jm; Direc~or Sh~IRy, Johnson :.St l ~ ·1 r!Ari t.tll 0 ....,-,_ ¢'4 <\'.., "r"' ""1lv 87 r'fl\-... ,:.,,~''- ••f.. '"(.{I",, July 29, 2020 Ms. Melanie Bailey Legal Assistant Danielson. Law Firm, PLCC 909 Rolling Hills Drive Fayetteville, AR 72703 RE: City of Siloam Springs Annexation Coordination Requirement Ms. Bailey Thank you for coordinating with our office as you seek to annex property into the City of Siloam Springs, AR located in Section 29, Township 18 North, Range 33 West. This letter represents confirmation that you have properly coordinated with our office (Arkansas GIS Office) as specified in§ 14-40-101 (Act 914 of 2015) of the goth 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. Thank you, Jennifer Wheeler, GIS Analyst Attachments: GIS Office Map of Proposed Annexation Legal Description Secretary of State Municipal Change Checklist H:\City_Annexatlons\Clties\Siloam_Sprlngs\ 20200729\Doc\20200729_Siloam Springs_/lnnexation_Coordlnatlon_Letter.docx ARKANSAS GIS OFFICE 1 Capitol Mall, Suite 60 • Little Rock, AR 72201 • 501 .682.2767 gis . arkansa~ . gov • transform.ar.gov ) I) ,_t·-__ L __ ,,J lOlil OCT 22 AM 8: 04 r' , JI l.JI.: ·It I),.. F\R·· •·· .. ·~· r. ""' J,. . ... • i:. i j ,_,t">r ~ .& I• .. r.r, o..' )· !• . l.,. !"" "'• • rd t.. ':'"O!.I' t:i::tlT'., • U"' .~; t !'O•UA' Cl~.-C.t:\f .' ..... ;.· fl TY. AR City: Si!Oam . ProposedJuly Annex: 2020 Cl ty of Siioam. Spl1ngs Mayor: John5Jrings arl Ffaf=-gl'Htl' --_....., .·.... a:::~ 0 0.04008 I I I I I 1 I i° ;s Miles gg, ...... "s!J!/ Oil o,•,t•I•Cl ) ) r---· , i--- -· -; -·· ' Legal Description 2020 OCT 22 AM 8: 04 ri t ! 5 t h i4. di(~L L The South 30 acres of the NW ~ of the NE ~ of Sectfo)V l:9f'i1ift.1:Wfff}lip.... ~~H North, Range 33 West, Benton County, Arkansas. ~t]HUM COUNTY, At{ ) D Arkansas Secretary of State . John Thurston Arkansas Secretary of State, 500 Wood lane Ave.l~ittle}R~ck; lil:.7220.t.. 1094 2026 OCT 22 AH 8: 04 ili\fiRI·: Municipal Boundary Change Checklis'k ·1s1 1 Act 655 of 2017 and A.C.A. §14-40-103 r~~8~_J'._RpB AT E 'cf[rm i."it: N: lit~ COUNT Y. AR County:______City/Town: City Ordinance/Resolution No:______Date approved:------ County Court Case No:______Date Order Filed:------ Type: ------(Choose from the list of Arkansas Code Sections located on the back) Date Change Effective: Set by: 0Municipal Ordinance 0 Emergency Clause Ocourt Ooefault (Required by Ad 655 of2017) For Circuit Court Challenge: Date Order Filed: QUpheldO Overturned 0 Other (attach explanation Please indicate which ward(s) the territory will be assigned to: ------(See AC.A § 14-40-203) Initiating party: CAii landowners 0 Majority Landowners 0Municipal Governing Body Ostate Oother____ _ Supporting Documentation attached (check afl that apply): 0 File marked copy of City Ordinance/Resolution (required) 0 File marked copy of County Court Order or certified annexation election results (required exceptfor A.C.A. §14-40-501) D Copy of Arkansas GIS approved printed map and certification letter (required) D Proof of Publication for all Legal Notices (include Hearing, Election, and City Ordinance/Resolution notices) 0 File marked copy of Petition Part (if applicable) D File marked copy of Complaint and final Circuit Court Order (Court Challenge only) Municipal Contact: Name: ______Title: ______Street Address: ______ City=------'"------St:____ Zip code:------Complete one form per ordinance/resolution, attach it as a cover page to the supporting·document set and submit to the County Clerk's Office within 45 days of the E/fective Date as required by Act 655 of 2017 County Official: Signature:______Title: ------ Date:------Pursuant to Act 655 of 2017, County Officials must submit a file-marked copy of municipal boundary change documents within 30 days of receipt to: Arkansas Secretary of State, Attn: Municipal Boundary Filing, 500 Wood/one Ave Suite 256, Little Rock, AR 72201-1094 Office of the Arkansas Secretary ofState use only Received by: ------Rev. 2/2019 D I) .. ~· . t ~~ . ct_.. .~ · 2029 OC1 22 AM 8: 04 Municipal Annexation, Detachment, and Incorporation Referencetlc. j $ '( ri..G,t{ 1~ t.t.. L. 1 ;"'I l'.'."DM" ···n...i«.; ·&~ pr:1ofl)I p ,~.~ '-'T Ll- ~ -r...r\I, Annexation of Territories Contiguous to County Seat A.C.A §14-40-tIBMTOU COUMTY, M~ Annexation of Territories in another Judicial District (multiple county seats) A.C.A. § 14-40-202 Annexation ofCity Park or Airport (automatic) A.C.A § 14-40-204 Annexation of building on boundary of two municipalities (written notice) A.C.A. §14-40-207 Annexation by Election (contiguous land) A.C.A. §14-40-302 Annexation of land in adjoining County A.C.A § 14-40-40 I Annexation of surrounded unincorporated area (island/doughnut holes) by ordinance A.C.A. § 14-40-50 I Annexation by Petition of majority of Landowners A.C.A. § 14-40-602 Annexation by Petition of all Landowners A.C.A § 14-40-609 Consolidation of two municipalities by Election A.C.A §14-40-1201 Annexation with Detachment from another municipality at landowner request A.C.A § 14-40-2001 Annexation with Detachment from adjoining city at city request A.C.A §14-40-2101 Detachment of Land annexed by petition under§ 14-40-601 A.C.A § 14-40-608 Detachment of municipal lands back to County by electfon A.C.A. § 14-40-1801 Detachment of unsuitable land by municipal resolution A.C.A § 14-40-1901 Incorporation by direct petition of landowners A.C.A § 14-38-1 OI Incorporation by petition for special election A.C.A § 14-38-115 Surrender of Charter (Dis incorporation) by second class city A.C.A § 14-39-10 I I ) -f •..._ ~ ..;·,....L~"' .. _ t __.i 2020 SEP 16 AH IQ: 03 PETITiON FOitANNEXATION cc~-r; C.ome~, ,Q.qW Jn~ .wig~~igµ.ed trustees· ·of the ¥oul)g¢r- rarlilW 'ffusti ;·an· ArJ -1J. ,Penton ..Go~ty~ ~Ai;~$~S.~ does liete~Y. :petition: the,)3~qai:fl' q;~:: ,Pit~9~ots ,gf·the &Hy of Sffoam. ·SP.ri#~;,Af.~~a.$/to •annex·:ihe,:said 1~afprog(!liy· ~Q ;th~ O'ity\<;>f~i~ ;pt{fvicieKt>f'.tjr by,A~c.A-.. '§,~t4,.4o:.609: this.p.13ittiq11 Js sig(l~d"~)ii¢9M~~l -~iincl;:V,~#ifle'rl~ythe·trustee ;-~f ;t:ll~ ~Petitioner Trus~ ,as the;s_ol~· _ovmer pftµ~,rea.I prop~Ji'y>to b~ ilfi!ie?(eti:, a.µd :tI?:e Petitioner ·Trust·o'.\.tmstalfrofthe.acrea~e ·,af:f'eete<;t:h~r;.¢.lJy; 2:. !ly:,th1s;~l?.~iHoJi~ i·fu~ r.~irttg~}~t:· m~r:aJ?P.P~ii~:~tiKr;: ·q-~~~$.9'.~ ; pf))@l~~~9~ ~r:;.~W· Firm;,PLLO; tQ·ait:otiltS b~h8Jf'ht:P,r€:~~ntiijg ..WI$ ;;t~att~r ~P·i tJje 0§\11\cy ;Wd/~l' ·9:lli~t · go.V~g; 'bodies~ ·as.rtecessacy. ··~ ~ ·.:. ~ 3. the:descriptioirot'there.al -prpperty tp_·be:anne~ed~_0,tbe City.of'Si.Ioam Spii!J,Igs~ - ~-~ansas:1$·:.~{oJlows:· · l!Jj~· Sf?lf//.1, 1,p;,qgr:<~·~/pf;f~~ N}fhJAk{fih~ _ NS41i:·otS:~c(io.1f29) t~wnshJp 1.S1v Ji: 'Petltlonef;:Tuust state~ ~h:~1)· tl;i~:~~l .P,Ic:>P.~rtY J!~~Q~!P:~~ ~¢.~~~ an&·•sougJlt IO- be alu1¢Xed·'.fo~fhe•City.ofSii6am·Spririgs,:tAti 5.. A~C'.opy'Qf;~Jn.ap~qf;:th.e:tr~t~J~fr~ pi9p~~¥·:sou,&htto' '.Se :®µex~.~B~~·rt~611J~ePe\~1 0: 03 ... ,.. i ~ t·' / <.. . ·-.I f. , .... 1··· · airExhffi(t}tA'.t\A .fetter /from, Elfsf Natioitaf~ritie· Company x~fifY..ing1. marlli~~~ti~»_¢t3rmsH_~ · ;.-r· : • • ...... - . , • - ..... - ' r. " , .•-· . -. . _, . Dti"J TG N GC! ~;; r:~/);n 1 ;ili;e;o.,~eir of~cQfP, ~~fffi.~, stioJ~ct ·P.topi'ettyiis . atta~h~~fh~i:~fa ~~si$xlV..~it '~H~'-..~Jetter.iom::@iJdh\ ;\ ? ...... '·" . .. " · . .. ~ ..- · . . , . ·. :rull'\;eril}ilng'tltat:the suUject;prope#y;;i~x~9pfigqQµs; ~\ifit~, ~e' -'aruiexin'&:·~C#y· pf$j}q~ ·~P.rfogs,;, ..._,· ·; ~ ...... '· . " ..: ' . . :Afkansas~1's . ati~cJ}~d h.~r~tq : a_s ~.x.~iOif':C".A.. dip)'·of the:·coof8inatlgn ·appt9x!i,1 tefter}ffom ·tlle; , A.j~~M :.~e~qr~(~qf:State· GIS/depafuftent:faattacJ1ed:-4.~r~tQ '¥ ;'$xI#bit "D'~~. "6; ;tM s:q1~~~µJ¢ of' $~v~p~s 1Jon_,~ et.f~n~eJ! and provltiea•'6~ 1 fb·e, '1PJl~!iig,: ,.Qitf" 9.f' ~as'.foff iSi1oam...... ,~··· ... . 1s..·P·,-nrri'Tsiis. .•c. ,,., ·· "· ., • -,"J~' \X'is.- ': )~IJ;.9f:.~~$~.!~~t%;. ~.~ PX.~Yi( 1 Wfm~FO~~· :ii~tz.~t to;A£O.A.· ·~siI4'.-4.ofo09j tlie;;un 1Beiit6if ·County.elet~, ;sai.&:, A~s~$0'f· ~1q ; ft.J~~'. v9tffy ~lu~ R'¢#J(gµ;AA .~-~ P,,r,~eiib'th~~~·~:'.'tffe~l@ . B~fi.~oii:'.C:oiiiitj(Jud&~t that Within.~Meen,{isr.a~~s :~if!r¢.c.e~pvo.fthe .verifi~a:}l~tftiq.Q·t:iW~·:(5:9QA~;Y _;tµ9g~·~~~.zy ( ~~~ ~~~f~tjd.J~Scfe:;an O-rderon llie::·Peiiti~,::lnfaccordari:ce .wftfi J\;C;~. ~Jl4-40~. ·~Q"§(~)Y??.)(:Q) :~~a;J:~rward ,t~i~. :P~trtjo!l AA~s~.W Qra~i4p Jtiltl~9.m:4 srMPirn9to~: ~Q;ti'ilJ~J:;ey :Pf· ·:s11oarn, Spn1i8,$; 'tij~~ th.ti Jloa.¢ 1.9.tl'?lr:ect¢t$ ojttJi~·1 ¢~ty.. qf·SitO.run;·:SR.rihgs.~~nf ·tli¢iP.etiHon ·vhi - • 'I.• ., , ... ~ • "ofrlrnance . or::rest>1iitioifjtcc·¢ptihg:1he,refil·Rrapef.f~!descr.i.oed<.1teteih:fotann'e*#.ffe®J¢.•'tli.~.'@~~:'gf · ~1:1:~~ '.$.£!@.:gs~ 'Af~~·~; {9f~.~ &~~ !t!'i<;l~K :¥.~iii~,·~~ :~cmt!tt. : :¢.g~ty- Jµitg~::~~wwroit~,g tllr;:. ;"I!!l.~~attQQ ~·· ~~:th:~t~#J1ion~r.).e.··gr~f~4 [email protected] .• Qth~r-:rt;l~ett9 ··WllicAttHii;~~xi~tfed. . lr¢$p.e¢[email protected]; siJbnittte.d~ . ·1 • - THE'Y0.tJNGEm·FAMILY."'FRtJ.ST'. .an A:rk'ansas~Trust,; 2 ) ) 2D2D SEP l 6 M1 fO: O ~ DANIELSON LAW FIRM, PLLC 909 E. Rolling Hills Dr. Fayetteville, AR 72703 Telephone 479-935-8313 Facsimile 479-439-8167 [email protected] By ~lt ? t;~ -~--- Erik P. Danielson, ABA #2005060 VERIFICATION STATE OF CALIFORNIA ) ~ - . Q \ ) SS. COUNTY OF ~~PO-ilbOJ The Petitioner, The Younger Family Trust, acting by its appointed and authorized Trustees named below, hereby states upon oath that the foregoing Petition for Annexation is true and correct to the best of its knowledge, information and belief, and that the petitioning Trust desires the relevant real property referenced herein to be annexed as requested herein. TIIB YOUNGER FAMILY TRUST By ~~Thomas Craig Y~o:rustee By ~ ~~~..----- Laura Anne Younger, Co-~tee WITNESS my hand and seal on this ____ day of ______2020. Notary Public My Commission Expires: 3 \ ...... ) 2C20 SEP I 6 AMIQ : 03 CALIFORNIA JURAT WITH AFFIANT STATEMENT (JA'.S\3e Attached Document (Notary to cross out lines 1-6 below) foSee Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) ·1_ - -- -· ------·--- · ------__ ,,_ ------·- - • ------_ -- - . - - - - - ·- ····------~- - 2 -- - ·------. ------.. ------· ------·------·- - -' ------3 ______ 4 ------~------5------·------ Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificat~ verifies only the identity of the individual who signed the document to which this certificate is attached, and not tlie truthfulness, accuracy, or validity of that document. State of C~ni &, Subscribed and sworn to (or affirmed) before me County of ~ on this 31 :A- day of ltv7vjf , 20 20 . by Date Month Year (1) ~) Crc...t; 'ku>N'efll (and (2) ~ 2CC... ~~ 'fov?%ec ), Name(s) of Signer(s) proved to me on the basis of s~tisfactory evidence to be th person(s) who appeared before me. Public Sea/ Place Notary Sea/ Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attact.ted Document Title or Type of Document: ------Document Date: ----- Num~er of Pages: __ Slgner(s) Other Than Named Above: ------ ©2014 National Notary Association · www.NationalNotary.org • 1-800-US NOTARY (1 -800-876-6827) Item #5910 ) Exhibit A ) July 29, 2020 1:8,564 0 0.05 0.1 0.2 mi I I I I Parcels I I I I I I I I I D 0 0.1 0.2 0.4 km Major Roads c=:::::::> Streets - Major Roads ) ) ( ...... ~ -- -~ ~ ,__ t ~ .: 1 £.._ .. -~.. - ;~_.Jo' September 11, 2020 2020 SEP 16 t1M JO: 03 RE: Certification of Ownership STA TE OF ARKANSAS ) ) COUNTY OF WASHINGTON ) I, the undersigned, am a certified title agent with First National Title Company and I do hereby certify that I have examined the property which is depicted and describ~d on Exhibit "A\' att~ched hereto, loca~~d,in Benton.County, Arkansas, and fin~ that the Younger F~ily Trust dated April 20, ioo4, .is the fee simple owner of record of the said property, being the proposed property for annexation. Sincerely, First National Title Company By:. ~~~Nicholas A. Galleher, License No. 17020113 VERIFICATION STATE OF ARKANSAS ) ) SS. COUNTY OF WASHINGTON ) . The'l1ndersjgned, being duly swo.rn on oath, ~tate that I h~ve read the above and fi;>regoing Letter of Cemficati~n and the facts and matters contairied therein are true and correct to the best of my information, knowledge and belief. By: Nicholas A.~·;001 · · :. -- ' · -- License No. 17020713 WITNESS my hand and seal .on this 11th day of September, 2020. ~£. . ..QQ ___,__£ otary ublic My Commission Expires: ..R '.1~ . ~Z:-:l-:--.. 1 EXHIBIT .B ) ) ZOZO SEP 16 AM IO: 03 DE.~· ·~· 1, . I:, ' EXHIBIT A LJ • ._, l : : ,•\ •\ , _ ... -.... !.) ';,I •H.) ~ J" f r Q ~· ''t..; 0 C!;. ) ~ ' ';,.; ._J ;w-, ' t- I...,, ' :_ C'. r\ . • BENTm~ COUH f '{. 1\P The South 30 acres of the NW 1/.i of the NEY. of Section 291 Township 18 North, Range 33 West, Benton County, Arkansas. 2 ) 901 N47th Street. Stiite 400 'Rogers, AR72756 7.020 SEP 16 AH IQ: 03 • ,Crofton Tull 479.B36A83a (~hl 47$;Qa1 .62·24 (I#) IJ ~ ;" I \ . I". ·.._ u ·-'- ii BENTON COUNTY. ;\R July 29, 2020 RE: Siloam Springs Annexation Certification To whom it may concern, I am writing this letter in regards to Parcel number 18-14045-000 currently in Benton County. Notwithstanding the right-of-way of Benton County Road Country Club Drive, which runs along the eastern boundary of the subject Parcel, I can certify that this property is contiguous to the City of Siloam Springs and by annexing this parcel into Siloam Springs, no islands or enclaves are created within the county. Let us know if you have .any questions. Thanks, EXHIBIT Q; ·· · · ··: · www.craftontull.com "" ·~ f 4 " • r £.I • L ~ ' .;: , .. . ~ . ' .. .. tS ~· £' ) ) i- . i l 1--··· . I ~ L ._ :- L.--' Department of Transformation ARKANSAS AM IQ· O..> and Shared Services 2020 SEP 16 ' Governor Asa Hutchinson GIS OFFICE Secretary Amy Fecher Director Shelby Johnson July 29, 2020 Ms. Melanie Bailey Legal Assistant Danielson Law Firm, PLCC 909 Rolling Hills Drive Fayetteville, AR 72703 RE: City of Siloam Springs Annexation Coordination Requirement Ms. Bailey Thank you for coordinating with our office as you seek to annex property into the City of Siloam Springs, AR located in Section 29, Township 18 North, Range 33 West. This letter represents confirmation that you have properly coordinated with our office (Arkansas GIS Office) as specified in § 14-40-101 (Act 914 of 2015} of the 9Qth 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 a~er any appropriate filing by your County Clerk. Thank you, Jennifer Wheeler, GIS Analyst Attachments: GIS Office Map of Proposed Annexation Legal Description Secretary of State Municipal Change Checklist H:\Oty_Annexatlons\Otles\Slloam_Sprlngs\20200729\Doc\20200729_Slloam Sprlngs_Annexatlon_Coordlnatlon_Letter.docx ARKANSAS GIS OFFICE 1 Capitol Mall, Suite 60 • Little Rock, AR 72201 • 501.682.2767 gis.arkansas.gov • r s orm.ar.gov EXHIBIT D ) l-··- ' i L~- I ! t L-~-'--' 2020 SEP I 6 AH 10: OJ ..., - .. .. , . ·-·-·-.- ...... ' ) '··· , . City: Siloam Springs A: 0. ~ Mayor. John Mark Turner ~ . , , .. • ~r· '' ~> =~~ ~ • .. .. i_ Manu•Codt ff..(0-fr>~• . a.r...,, Miit ~-.,, .,.,..,.~. ronllJIW1liOn. °' dtledtfNM proa•ding llndet lhi:r dt•Jbr. ~ .n~'!y .,,., C'CKltdintlt ~ SptMD Ot1ot IOI P"P'ftllon ()/ t.fl•I ...dU ct,,c"ion-..G--s et1ddlfiYl m.~ /or"'• ,...... 1""9Htbl\ oon~tD'on_ and •t~ ...... 'n'le tNp carlliMd lietein, ls ~"9. lh• •ne:tt I!.• rNC ~~"° ot Ad "'o/?01J ~,.;·~.:1 -..... [_J ,,... .. =-_...... _ s ...... ,. I Sn.Tl!N-lllJW I o o.04 o.oa o.1s 11 1 11111 I Mllet ! ) ) .--- I I I ~ L _ ,__s- •L.-' Legal Description 2020 SEP 16 AM 10: OJ t i ~ /J.: d I ~ - - l:i l ,,,. 0 c 1 Co (,~ p·ios• f'\ · ~,tr, r:_.· ~-~·... ciL \r.""' The South 3 0 acres of the NW ~ of the NE ~ of Se§E8J OJ~,c f6tiihlhi}J 18 North, Range 33 West, Benton County, Arkansas. MMiissssiioonn HHiillll A Planned Development Applicant: NWA LD, LLC 4058 N. College Avenue Fayetteville, AR 72701 Engineer: Crafton Tull 901 N. 47th Street, Suite 200 Rogers, AR 72756 Table of Contents Property Description ...... 3 Property Location……………………………………………………………………………………………………………………………………………………….3 Scope & Concept ...... 4 Master Development Plan ...... 4 Streets………………………………………………………………………………………………………………………………………………………………………..4 Development Standards ...... 5 Development Area “1 & 3” ...... 5 Development Area “2” ...... 5 Development Area “4” ...... 5 Open Space & Landscaping ...... 6 Parking Area Design Standards ...... 6 Platting ...... 6 Signs ...... 6 Restrictive Covenants ...... 6 Development Time Line ...... 6 MISSION HILL – A PLANNED DEVELOPMENT 2 of 6 Property Description Legal Description BEING A PART OF THE NW/4 OF THE NE/4 OF SECTION 29, TOWNSHIP 18 NORTH, RANGE 33 WEST, BENTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHWEST CORNER OF THE NW/4 OF THE NE/4 OF SAID SECTION 29;THENCE N 03° 23' 16" E 654.86 FEET TO THE SOUTHEAST CORNER OF THE CROSSINGS SUBDIVISION AS RECORDED IN THE CIRCUIT CLERK’S OFFICE FOR BENTON COUNTY, ARKANSAS AT PLAT RECORD P-2-786;THENCE ALONG THE EAST LINE THEREOF N 03° 01' 47" E 336.82 FEET;THENCE LEAVING SAID EAST LINE S 86° 58' 32" E 1285.40 FEET TO THE WEST LINE OF QUIT CLAIM DEED RECORD 489-559;THENCE ALONG THE WEST LINE THEREOF S 03° 01' 28" W 104.50 FEET;THENCE ALONG THE SOUTH LINE THEREOF S 86° 58' 42" E 10.02 FEET TO THE WEST RIGHT-OF-WAY LINE OF N COUNTRY CLUB ROAD AS DESCRIBED IN QUIT CLAIM DEED RECORD 489-558;THENCE ALONG SAID WEST RIGHT-OF-WAY LINE S 03° 01' 18" W 891.47 FEET;THENCE LEAVING SAID WEST RIGHT-OF-WAY LINE N 86° 47' 10" W 1299.65 FEET TO THE POINT OF BEGINNING, CONTAINING 29.56 ACRES, MORE OR LESS. SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT. Site Location MISSION HILL – A PLANNED DEVELOPMENT 3 of 6 Scope & Concept Mission Hill will be a single-family neighborhood located on the west side of Country Club Drive, just south of Davidson Road. The development area is bounded on the west by an existing neighborhood, a new planned neighborhood to the south, a multi-family neighborhood to the east and existing single-family homes to the north. The view from County Club Road, will be of tree-lined neighborhood across the entire frontage of the project. Trees will be planted every 30-feet along County Club Road. The purpose of a Planned Unit Development and what is being accomplished in this concept plan, is to allow flexibility in zoning standards to produce a development that is compatible with surrounding land uses and provides meaningful open space for the residents and community. The subject development places single-family homes adjacent to existing single-family homes, as well as several multi-family structures to the east. Master Development Plan Streets Streets within the development will be constructed as public streets in accordance with City ordinance and dedicated at the time of final plat. MISSION HILL – A PLANNED DEVELOPMENT 4 of 6 Development Standards This PUD shall be governed by the use and development regulations of Siloam Springs Zoning Code except as provided as follows: Area 1 & 3 These areas will serve as detention ponds for the development but will also provide active recreational space. No permanent structures are permitted within these areas. Planning Area 2 This area is the neighborhood park and will include playground equipment, walking trails and landscaping. Permanent structures will include playground equipment, seating, or other customary park structures. All structures shall be placed at least 25-feet from the right-of-way line and any adjoining property lines. Planning Area 4 Gross Land Area 29.56 Acres (b) Planned Uses Single-Family Homes (Unit 3) (d) Lot Dimensions (1) Minimum Lot Surface Area 6,000 Square Feet (2) Minimum Lot Width 50 Feet (3) Maximum Lot Coverage 45% (e) Building Limits (1) Setback Required: (a) Front Yard Setback 25 Feet (b) Sides (Except on Corner) 5 Feet (c) Side on Corner 15 Feet (d) Rear Yard 20 Feet (3) Height Limited (a) No Building Shall Exceed 30 Feet in Height (4) Floor/Area Ratio .50 (maximum) (5) Density Not to Exceed 4.2 Dwellings Units Per Acre Sec. 102-56(f)(1) Landscape buffer of 5 feet along all property lines MISSION HILL – A PLANNED DEVELOPMENT 5 of 6 Open Space & Landscaping The neighborhood park will be the feature of Mission Hill, placed centrally within the subdivision. Large species trees will be planted every 30-feet along all street frontages to provide shade over the playground and play areas. The approximately 3/4-acre park will provide opportunities for family picnics, whiffle-ball games, or accessible recreational space for families. Sidewalks will line the park with an additional sidewalk along the south edge to provide a continuous walking path. Platting No building permit shall be issued until a subdivision plat has been approved by the City of Siloam Springs, in compliance with the Planned Development concept and development standards. Covenants shall be established for all platted areas to ensure consistency in development and to provide POA for maintenance responsibilities of any common areas. Signs Residential subdivision entrance signs will be installed along Country Club Road. These signs will be similar in appearance to the signs shown below, with cedar and stone as the primary materials. Restrictive Covenants Restrictive covenants shall be adopted and recorded for the PD with the subdivision plat. The maintenance of all common areas shall be the responsibility of the Property Owners Association. Development Timeline Development will commence upon approval of the PD, preliminary plat and construction plans, in accordance with City regulations. Construction of the single-family area is anticipated to commence in 2021. MISSION HILL – A PLANNED DEVELOPMENT 6 of 6 ORDINANCE NO. 21-01 AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN TERRITORY DESCRIBED AS THE MISSION HILL ADDITION TO THE CITY OF SILOAM SPRINGS, ARKANSAS AND ASSIGNING SAME TO A WARD. WHEREAS, a petition was filed with the County Clerk of Benton County, Arkansas, by the owner of the hereinafter described territory praying that said territory be annexed to, and made a part of the City of Siloam Springs, Arkansas; and, WHEREAS, on November 19, 2020, the County Court of Benton County, Arkansas, found that the petition was signed by 100% of real estate owners in said territory; that said territory was contiguous and adjoining the present corporate limits of the City of Siloam Springs, Arkansas; that an accurate plat or map of said territory had been filed with and made a part of said petition, and that no enclaves will be created if the petition is accepted by the City of Siloam Springs; and, WHEREAS, the annexed parcel of real property is contiguous and adjacent to the other lands in Siloam Springs, Arkansas, which are located in Ward 2. NOW, THEREFORE, BE IT ORDAINED BY THE City Board of Directors of the City of Siloam Springs, Arkansas: Section 1. That the following described lands and contiguous territory adjoining the City of Siloam Springs, Arkansas, (and as shown on Attachment 1), be and the same is hereby accepted as part of and annexed to and made a part of the City of Siloam Springs, Arkansas: Tract “A” The South 30 acres of the NE ¼ of the NE ¼ of Section 29, Township 18 North, Range 33 West, Benton County, Arkansas Tract “B” A strip of land 30 feet in width, running North and South, squarely off the East side of the following described tract of land, to wit: The South 30 acres of the NW ¼ of the NE ¼ of Section 29. Township 18 North, Range 33 West, Benton County, Arkansas. Section 2. That the above-described territory shall be annexed to and made a part of Ward 2 of the City of Siloam Springs, Arkansas, and the same shall be a part of said ward as fully as existing parts of said ward. Section 3. That the zoning map of the City (Municipal Code Section 102-21) is hereby amended to include within the P-D zoning district the property located at 14505 North Country Club Road and described as follows: Ordinance 21-01 Page 1 of 7 AREA 1 A PART OF THE NW1/4 OF THE NE1/4 OF SECTION 29, TOWNSHIP 18 NORTH, RANGE 33 WEST, BENTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE AT THE SOUTHEAST CORNER OF SAID NW1/4 OF THE NE1/4; THENCE ALONG THE EAST LINE OF SAID NW1/4 OF THE NE1/4 N 03°01'18" W A DISTANCE OF 891.47 TO A POINT; THENCE DEPARTING SAID EAST LINE OF THE NW1/4 OF THE NE1/4 A N 86°58'42" W A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; THENCE S 03°01'18" W A DISTANCE OF 273.95 FEET TO A POINT; THENCE S 48°01'18" W A DISTANCE OF 15.00 FEET TO A POINT; THENCE N 86°58'42" W A DISTANCE OF 110.49 FEET TO A POINT; THENCE N 03°01'18" E A DISTANCE OF 110.00 FEET TO A POINT; THENCE N 86°58'42" W A DISTANCE OF 121.10 FEET TO A CURVE TO THE LEFT; THENCE 244.75 FEET ALONG SAID CURVE, HAVING A RADIUS OF 150.40 FEET AND A CHORD BEARING N 40°18'03" W 218.63 FEET TO A POINT; THENCE N 03°01'18" E A DISTANCE OF 120.02 FEET TO A POINT; THENCE S 86°58'32" E A DISTANCE OF 387.19 FEET TO A POINT; THENCE S 03°01'28" W A DISTANCE OF 104.50 FEET TO A POINT; THENCE S 86°58'42" E A DISTANCE OF 5.02 FEET, RETURNING TO THE POINT OF BEGINNING. CONTAINING 2.37 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR FACT. Section 4. Zoning Standards for Area 1. The zoning standards for Area 1, as described in Section 3 of this ordinance, shall be as currently set forth in Section 102-56 of the Siloam Springs Municipal code, subject to the following condition: This area shall serve as a detention pond for the development and also provide active recreational space. No permanent structures or other development are permitted within this area, except as may be reasonably necessary to effect the purposes above set forth. Section 5. That the zoning map of the City (Municipal Code Section 102-21) is hereby amended to include within the P-D zoning district the property located at 14505 North Country Club Road and described as follows: AREA 2 A PART OF THE NW1/4 OF THE NE1/4 OF SECTION 29, TOWNSHIP 18 NORTH, RANGE 33 WEST, BENTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE AT THE SOUTHEAST CORNER OF SAID NW1/4 OF THE NE1/4; THENCE N 37°42'53" W A DISTANCE OF 903.18 FEET TO THE POINT OF BEGINNING; THENCE N 86°58'42" W A DISTANCE OF 242.20 FEET TO A POINT; THENCE N 03°01'18" E A DISTANCE OF 128.11 FEET TO A Ordinance 21-01 Page 2 of 7 CURVE TO THE RIGHT; THENCE 21.21 FEET ALONG SAID CURVE, HAVING A RADIUS OF 13.50 FEET AND A CHORD BEARING N 48°01'18" E 19.09 FEET TO A POINT; THENCE S 86°58'42" E A DISTANCE OF 215.20 FEET TO A CURVE TO THE RIGHT; THENCE 21.21 FEET ALONG SAID CURVE, HAVING A RADIUS OF 13.50 FEET AND A CHORD BEARING S 41°58'42" E 19.09 FEET TO A POINT; THENCE S 03°01'18" W A DISTANCE OF 128.11 FEET, RETURNING TO THE POINT OF BEGINNING. CONTAINING 0.79 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR FACT. Section 6. Zoning Standards for Area 2. The zoning standards for Area 2, as described in Section 5 of this ordinance, shall be as currently set forth in Section 102-56 of the Siloam Springs Municipal code, subject to the following conditions: a. This area shall be permanently maintained as a neighborhood park and will include suitable playground equipment, walking trails, and landscaping. Permanent structures may include playground equipment, seating, picnic tables and other customary park amenities, but shall be otherwise protected from development. b. Structures may not be placed within 25-feet of the right-of-way or any adjoining property lines. Provided however that bicycle racks, benches and light poles may be placed in proximity to the right-of-way. Necessary and appropriate signage shall not be considered structures for purposes of this section. Section 7. That the zoning map of the City (Municipal Code Section 102-21) is hereby amended to include within the P-D zoning district the property located at 14505 North Country Club Road and described as follows: AREA 3 A PART OF THE NW1/4 OF THE NE1/4 OF SECTION 29, TOWNSHIP 18 NORTH, RANGE 33 WEST, BENTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE AT THE SOUTHEAST CORNER OF SAID NW1/4 OF THE NE1/4; THENCE ALONG THE SOUTH LINE OF SAID NW1/4 OF THE NE1/4 N 86°47'10" W A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTH LINE N 86°47'10" W A DISTANCE OF 515.60 FEET TO A POINT; THENCE DEPARTING SAID SOUTH LINE OF THE NW1/4 OF THE NE1/4 N 03°01'18" E A DISTANCE OF 122.61 FEET TO A POINT; THENCE S 86°58'42" E A DISTANCE OF 248.66 FEET TO A CURVE TO THE LEFT; THENCE 52.36 FEET ALONG SAID CURVE, HAVING A RADIUS OF 150 FEET AND A CHORD BEARING N 83°01'18" E 52.09 FEET TO A POINT; THENCE N 73°01'18" E A DISTANCE OF 87.65 FEET TO A CURVE TO THE RIGHT; THENCE 34.91 FEET Ordinance 21-01 Page 3 of 7 ALONG SAID CURVE, HAVING A RADIUS OF 100 FEET AND A CHORD BEARING N 83°01'18" E 34.73 FEET TO A POINT; THENCE S 86°58'42" E A DISTANCE OF 88.45 FEET TO A POINT; THENCE S 41°58'42" E A DISTANCE OF 15.00 FEET TO A POINT; THENCE S 03°01'18" W A DISTANCE OF 158.79 FEET, RETURNING TO THE POINT OF BEGINNING. CONTAINING1.65 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR FACT. Section 8. Zoning Standards for Area 3. The zoning standards for Area 3, as described in Section 7 of this ordinance, shall be as currently set forth in Section 102-56 of the Siloam Springs Municipal code, subject to the following condition: This area shall serve as a detention pond for the development and also provide active recreational space. No permanent structures or other development are permitted within this area, except as may be reasonably necessary to effect the purposes above set forth. Section 9. That the zoning map of the City (Municipal Code Section 102-21) is hereby amended to include within the P-D zoning district the property located at 14505 North Country Club Road and described as follows: AREA 4 A PART OF THE NW1/4 OF THE NE1/4 OF SECTION 29, TOWNSHIP 18 NORTH, RANGE 33 WEST, BENTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE AT THE SOUTHEAST CORNER OF SAID NW1/4 OF THE NE1/4; THENCE N 86°47'10" W A DISTANCE OF 5.00 FEET TO A POINT; THENCE N 03°01'18" E A DISTANCE OF 158.79 FEET TO A POINT; THENCE N 41°58'42" W A DISTANCE OF 15.00 FEET TO A POINT; THENCE N 86°58'42" W A DISTANCE OF 88.45 FEET TO A CURVE TO THE LEFT; THENCE 34.91 FEET ALONG SAID CURVE, HAVING A RADIUS OF 100 FEET AND A CHORD BEARING S 83°01'18" W 34.73 FEET TO A POINT; THENCE S 73°01'18" W A DISTANCE OF 87.65 FEET TO A CURVE TO THE RIGHT; THENCE 52.36 FEET ALONG SAID CURVE, HAVING A RADIUS OF 150 FEET AND A CHORD BEARING S 83°01'18" W 52.09 FEET TO A POINT; THENCE N 86°58'42" W A DISTANCE OF 248.66 FEET TO A POINT; THENCE S 03°01'18" W A DISTANCE OF 122.61 FEET TO THE SOUTH LINE OF SAID NW1/4 OF THE NE1/4; THENCE ALONG SAID SOUTH LINE N 86°47'10" W A DISTANCE OF 779.06 FEET TO A 3/4 INCH IRON PIPE AT THE SOUTHWEST CORNER OF SAID NW1/4 OF THE NE1/4; THENCE ALONG THE WEST LINE OF SAID NW1/4 OF THE NE1/4 N 03°15'58" E A DISTANCE OF 991.68 FEET TO A POINT; THENCE DEPARTING SAID WEST LINE S 86°58'32" E A DISTANCE OF 898.22 FEET TO A POINT; THENCE S 03°01'18" W A DISTANCE OF 120.02 FEET TO A CURVE TO THE RIGHT; THENCE 244.75 FEET ALONG SAID CURVE, HAVING A Ordinance 21-01 Page 4 of 7 RADIUS OF 150.40 FEET AND A CHORD BEARING S 40°18'03" E 218.63 FEET TO A POINT; THENCE S 86°58'42" E A DISTANCE OF 121.10 FEET TO A POINT; THENCE S 03°01'18" W A DISTANCE OF 110.00 FEET TO A POINT; THENCE S 86°58'42" E A DISTANCE OF 110.49 FEET TO A POINT; THENCE N 48°01'18" E A DISTANCE OF 15.00 FEET TO A POINT; THENCE N 03°01'18" E A DISTANCE OF 273.95 FEET TO A POINT; THENCE S 86°58'42" E A DISTANCE OF 5.00 FEET TO THE EAST LINE OF SAID NW1/4 OF THE NE1/4; THENCE ALONG SAID EAST LINE S 03°01'18" W A DISTANCE OF 891.47 FEET, RETURNING TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING TRACT: 0.79 ACRES OUT OF THE NW1/4 OF THE NE1/4 OF SECTION 29, TOWNSHIP 18 NORTH, RANGE 33 WEST, BENTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE AT THE SOUTHEAST CORNER OF SAID NW1/4 OF THE NE1/4; THENCE N 37°42'53" W A DISTANCE OF 903.18 FEET TO THE POINT OF BEGINNING; THENCE N 86°58'42" W A DISTANCE OF 242.20 FEET TO A POINT; THENCE N 03°01'18" E A DISTANCE OF 128.11 FEET TO A CURVE TO THE RIGHT; THENCE 21.21 FEET ALONG SAID CURVE, HAVING A RADIUS OF 13.50 FEET AND A CHORD BEARING N 48°01'18" E 19.09 FEET TO A POINT; THENCE S 86°58'42" E A DISTANCE OF 215.20 FEET TO A CURVE TO THE RIGHT; THENCE 21.21 FEET ALONG SAID CURVE, HAVING A RADIUS OF 13.50 FEET AND A CHORD BEARING S 41°58'42" E 19.09 FEET TO A POINT; THENCE S 03°01'18" W A DISTANCE OF 128.11 FEET, RETURNING TO THE POINT OF BEGINNING. CONTAINING 24.78 ACRES IN EXCEPTION, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR FACT. Section 10. Proposed Zoning Standards for Area 4. The zoning standards for Area 4, as described in Section 9 of this ordinance, shall be as currently set forth in Section 102-56 of the Siloam Springs Municipal code, subject to the following condition: The subsections of Section 102-56 indicated in column one, below, shall be interpreted in accordance with the terms contained in column two, which shall override any conflicting Code provisions, for purposes of this development only. (b) Planned Uses Single-Family Homes (Unit 3) (d) Lot Dimensions (1) Minimum Lot Surface Area 6,000 Square Feet (2) Minimum Lot Width 50 Feet (3) Maximum Lot Coverage 45% (e) Building Limits (1) Setback Required: (a) Front Yard Setback 25 Feet Ordinance 21-01 Page 5 of 7 (b) Sides (Except on Corner) 5 Feet (c) Side on Corner 15 Feet (d) Rear Yard 20 Feet (3) Height Limited No Building Shall Exceed 30 Feet in Height (4) Floor/Area Ratio 0.50 (maximum) (5) Density Not to Exceed 4.2 Dwellings Units Per Acre (f)(1) Landscape Buffer Landscape buffer of 5 feet along all property lines Section 11. Effective date. Thirty (30) days after passage and publication or posting of this Ordinance as authorized by law, the annexation shall be final and the property shall be within the corporate limits of the City of Siloam Springs, except as otherwise ordered by the Circuit Court pursuant to a cause of action filed within said thirty (30) day period. Section 12. Notice. Within forty-five (45) days of the effective date of this ordinance the city clerk shall provide written notice, along with complete documentation, to the county clerk of Benton County. Section 13. Administrative corrections. The city attorney is hereby authorized to make grammatical and stylistic corrections to this ordinance that do not affect the substance thereof. Section 14. Penalties. Failure to abide by the conditions aforesaid, or any other terms of this ordinance shall be deemed a public offense subject to penalties and equitable relief in accordance with Section 1-7 of the Siloam Springs Municipal Code. Section 15. Repealer and severability. Prior Ordinances in conflict with the provisions enacted herein are repealed to the extent of the conflict as of the effective date of this Ordinance. If any provision of a section of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect the other provisions or applications of the section or related sections which can be given effect without the invalid provision or application, and to this end the provisions are severable. ORDAINED AND ENACTED this ______day of ______2021. APPROVED: ATTEST: ______Judy Nation, Mayor Renea Ellis, City Clerk (SEAL) Ordinance 21-01 Page 6 of 7 Attachment 1 Ordinance 21-01 Page 7 of 7