HomeMy WebLinkAboutOrdinance 3762 Lc rOR RECORD
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WANSHMC i utl CO AR
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ORDINANCE NO. 3762 0
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OP ZD
AN ORDINANCE CONFIRMING THE ANNEXATION TO 3
THE CITY OF FAYETTEVILLE ARKANSAS OF CERTAIN CO
PROPERTIES OWNED BY THE CITY OF FAYETTEVILLE, o 0
0
WALTER NIBLOCK AND SAM MATHIAS, CONTAINING
APPROXIMATELY 101 .65 ACRES LOCATED SOUTH OF
MISSION BOULEVARD, WEST OF FOX HUNTER ROAD.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section 1 . That the City Council hereby confirms the annexation to the City of
Fayetteville, Arkansas, of those properties described in Exhibit "A" attached hereto and made
a part hereof.
Section 2 . That the official map of the City of Fayetteville, Arkansas, is hereby
amended to reflect the changes provided in Section 1 above.
Section 3 . That the above-described properties are hereby assigned to Ward No. .
PASSED AND APPROVED this 151_ day of February 1994.
APPROVED •
By . red Hanna IvYaybr /
ATTEST:
••
+-
By. � _ . ✓. (1'1 IR to
Thomas, City Clerk 2 t
Q .,La . ,4f�", r .A } ..., . •o :�•. i' •.�Aaa a�:i T--• �.•�
�''o,�l ; �:�.! •� " Re- recorded due to missing Tract C
940 93?4
CERT FICATE OF RECORD
State of Arkansas ( SS
City of Fayetteville
I, Sherry Thomas, City Gert and Ext
Officla recordet ter the City of
Fayetteville, do bMreby certify that the
annemed or foregoing Is of record in i.ry
office and the same appears In
Ordboaoce & Resolution beak X ii as
e� e ralAri X day 1 `14 b, 6
19r�
City CNrk d
y �
EXHIBIT "A "
LEGAL DESCRIPTION FOR ANNEXATION
Tract A
A part of the East Half ('h) of the Southeast Quarter (SE 'A) of Section One ( 1),
Township Sixteen (16) North, Range Thirty (30) West, more particularly
described as commencing at the Northeast Corner of said 80 acre tract, and
continuing S 8943 '03 " W 49.75 feet to the point of beginning; thence S
1528'50" W 45 . 76 feet to the Centerline of Fox Hunter Road; thence along said
centerline S 1650'37 " E 17 .26 feet and S 00" 39'45 " W 148. 28 feet; thence
leaving said centerline S 86015 '52 " W 269 . 14 feet; thence S 01 '01 '27 " E 272 .00
feet; thence S 89048'31 " E 221 .52 feet to the centerline of Fox Hunter Road;
thence along said centerline S 01 '47'09" E 27.48 feet, S 25 "31 '05 " E 47 . 66 feet,
S 37053118 " E 64.08 feet; S 29 ' 12 '07 " E 42 . 63 feet and N 89 '47'09" E 19.75
feet; thence S 00 '00'59" E 1978. 13 feet; thence S 89 " 30'23 " W 1319.04 feet;
thence N 00000'58 " E 2644.55 feet; thence N 89043 '03 " E 1267 . 17 feet to the
point of beginning, containing 77 .2 acres, more or less, Washington County,
Arkansas.
Tract B
A part of the NW '/ of the SE 'A of Section 1 , T- 16-N , R-30-W being more
particularly described as beginning at a point which is N 0005 '02" E (Record
North) 1496. 82 feet (Record 1504.50 feet) from the South Quarter corner of said
Section 1 , said point-of-beginning being a set iron pin which is S 89 "46936" W
(Record S 89 '38'00" W) 28.05 feet from an existing fence corner post; thence N
00005102 " E 538.95 feet to a point which is Southerly at a perpendicular distance
of 40.00 feet from the Centerline tangent of Arkansas Highway 45, said point
being a set cotton spindle; thence N 64004'25 " E 21 .38 to a point which is at a
perpendicular distance of 40.00 feet from the centerline tangent of said highway;
thence N 64005'59" E 250.42 feet to a point which is at a perpendicular distance
of 40.00 feet from the centerline tangent of said highway; thence N 61 33 '47 " E
238.59 feet to a point which is at a perpendicular distance of 40.00 feet from the
centerline tangent of said highway, said point being .a set concrete monument;
thence S 37007'27 " E 322. 24 feet to a set concrete monument;' thence S
2307958" E 555 .66 feet to a point in an existing fence line, said point being a
set concrete monument; thence with the said existing fence line S 89046'36" W
839 . 82 feet to the said existing fence corner; thence leaving said existing fence
line S 89 "46'36" W 28 .05 feet to the true point of beginning, containing 10.94
acres, more or less, Washington County, Arkansas, subject to a road easement on
the West boundary thereof and all easements recorded thereof.
940193435
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Exhibit "A"
Tract C
A part of the NW 'A of the SE 'A of Section 1 , T- 16-N, R-30-W being more
particularly described as beginning at a point which is N 0005 '02" E (Record
North) 1496. 82 feet (Record 1504. 50 feet) and N 89"46'36" E (Record N
89038900" E) 867 . 87 feet from the South Quarter corner of said Section 1 , said
point-of-beginning being a set concrete monument in an existing fence line; thence
leaving said existing fence line N 23007'58 " W 555 .66 feet to a set concrete
monument; thence N 37007927" W 322.24 feet to a point which is Southerly at
a perpendicular distance of 40.00 feet from the centerline tangent of Arkansas
Highway 45 said point being a set concrete monument; thence N 61 " 33'47 " E
366.21 feet to a point which is centerline tangent of said highway; thence N
5601T20" E 308 . 80 feet to a point which is at a perpendicular distance of 40.00
feet from the centerline tangent of said highway, said point being a set concrete
monument; thence S 00032'04" E 10.50 feet to a point at the fence corner post,
said point being the Northwest comer of the Catholic Cemetery; thence with an
existing fence line on the Westerly boundary of said Cemetery S 0032'04" E
(Record South) 304.56 feet (Record 302.28 feet) to a fence corner post, said point
being the Southwest corner of said cemetery and a set concrete monument; thence
with an existing fence line on the Southerly boundary of said cemetery N
89 "42'23 " E (Record East) 282.58 feet (Record 247 .50 feet) to the East boundary
of said 40 acre tract, said point being a set concrete monument; thence with the
East boundary of said 40 acre tract S 00'00158" W 808. 56 feet to a point to a set
concrete monument; thence leaving the east boundary of said 40 acre tract S
89 "46'34" W 7 .79 feet to a found iron pin at an existing fence corner post; thence
with an existing fence line S 89046'34" W 443 . 15 feet to the true point of
beginning, containing 13.51 acres, more or less, Washington County, Arkansas.
94019336
0, Alma Kcilmoycr, Cha01 Clerk arch
tic-officlo '_cc•?.s it Vmhington Cour ,
Arkancw, n,iv that this in-
strument _ jw ccard in my officc
co Inc!ioatct .rc In. :.;mo 1: nov;
duly rccorduc j th ;ha ocknowlodgemnn'
and ccnllic-i . . ..:r,: n In 7. orcl Book or
Pago os Ir-rr t iL;rWrt.
IN Wl': .� t . rte-CF, . have heroin
wt my hand ^ nf;i;t z! tho seal of �!r
Court on tYv 'gym indicated harcon.
Almo Ito!H. y
Circuit Cler . ln_
Fa-officio ^ccordr
bvW
76 ?
- - FILED
' 94 JON 24 Rn 10 19
MARILYN ED' A.P. DS
CO . & PROBATE CLERK
n SHINCTON 00 . V .
iN THE COUNTY COURT OF WASHINGTON COUNTY , ARKANSAS
a
IN THE MATTER OF THE ANNEXATION
OF LANDS TO THE CITY OF FAYETTEVILLE ,
ARKANSAS
, Case No . 93 -
ORDER
WHEREAS , on the 24th day of January , 1994 , this cause comes
on to be heard , the Petitioners represented by their attorney ,
Walter R . Niblock , of the Niblock Law Firm , of Fayetteville ,
Arkansas , announced ready for hearing of the cause and there being
no remonstrance or objections filed herein , whereupon the matter
is submitted to the court upon the petition filed , statements of
counsel , and the oral and documentary evidence adduced , and the
Court being well and sufficiently advised in the premises , doth
find :
( 1 ) That the Petition in this cause was filed on the 20th
day of December , 1993 , at which time this court fixed the 24th
day of January , 1994 , at 10 : 00 A . M . as the time and date of hearing
for said cause , and that a full 30 days notice of' hearing was given
as required by law , and the proof of publication thereof is now on
file with the Clerk of this Court , the the Court has jurisdiction
over this cause .
RECEIVED
1 if
-.zt�-W
CITY CLERK'S OFFICE
THE 7C TAW FIRM /
20 EAST MOUNTAIN 5T. • DRAWER 818
FAYETTEVILLE, ARK. 72702-0818
1-501-521-5510
( 2 ) That the Court is satisfied that the allegations of the
Petition are sustained by the proof and that the limits of the
territory to be annexed has been filed ; that all of the owners of
the property described therein have a freehold interest in the
property hereinafter described and that they all joined in the
petition and constitute all of the real property owners of record
of the area affected ,
( 3 ) That the lands proposed to be annexed to the City of
Fayetteville , Washington County , Arkansas , is described as follows ,
to -wit :
TRACT A ( Niblock )
A part of the East Half ( 1 / 2 ) of the Southeast Quarter
( SE - 1 / 4 ) of Section One ( 1 ) , Township Sixteen ( 16 ) North ,
Range Thirty ( 30 ) West , more particularly described as
commencing at the Northeast Corner of said 80 acre
tract , and continuing S 89 - 43 -03 W 49 , 75 feet to the
point of beginning ;
Thence S 15 - 28 - 50 W 45 . 76 feet to the Centerline
of Fox Hunter Road ;
Thence along said centerline S 16 - 50 - 37 E 17 . 26 feet
and S 00 - 39 - 45 W 148 . 28 feet ;
Thence leaving said centerline S 86 - 15 - 52 W 269 . 14 feet ;
Thence S 01 - 01 - 27 E 272 . 00 feet ;
Thence S 89 - 48 - 31 E 221 . 52 feet to the centerline
of Fox Hunter Road ;
Thence along said centerline S 01 - 47 -091E
27 . 48 feet , S 25 - 31 -05 E 47 . 66 , S 37 - 53 - 18 E 64 . 08 feet , ;
S 29 - 12 - 07 E 42 . 63 feet and N 89 -47 - 09 E 19 . 75 feet ;
Thence S 00 - 00 - 59 E 1978 . 13 feet ;
Thence S 89 - 30 - 23 W 1319 . 04 feet ;
Thence N 00 - 00 - 58 E 2644 . 55 feet ;
Thence N 89 - 43 - 03 E 1267 . 71 feet to the point of
2
THE NIBLOCK LAW FIRM
20 EAST MOUNTAIN ST. • DRAWER 818
FAYETTEVILLE, ARK. 72702-0818
1-501-521-5510
beginning , containing 77 . 2 acres , more or less , Washington
County , Arkansas ,
TRACT B ( Sam Mathias )
A part of the NW 1 / 4 of the SE 1 / 4 of Section 1 , T - 16 -N ,
R 30 -W being more particularly described as beginning
at a point which is N 00 - 05 - 02 E ( Record North ) 1496 . 82
feet ( Record 1504 . 50 feet ) from the South Quarter Corner
of said Section 1 , said point- of - beginning being a set
iron pin which is S 89 - 46 - 36 W ( Record S 89 - 38 - 00 W )
28 , 05 feet from an existing fence corner post :
Thence N 00 - 05 - 02 E 538 . 95 feet to a point which
is Southerly at a perpendicular distance of 40 . 00 feet
from the Centerline tangent of Arkansas Highway 45 ,
said point being a set cotton spindle :
Thence N 64 - 04 - 25 E 21 . 38 feet to a point which
is at a perpendicular distance of 40 . 00 feet from the
centerline tangent of said highway ;
Thence N 64 - 05 - 59 E 250 . 42 feet to a point which
is at a perpendicular distance of 40 . 00 feet from the
Centerline tangent of said highway ;
Thence N 61 - 33 - 47 E 238 . 59 feet to a point which
is at a perpendicular distance of 40 . 00 feet from the
centerline tangent of said highway , said point being a
set concrete monument ;
Thence S 37 - 07 - 27 E 322 . 24 feet to a set concrete
monument ;
Thence S 23 - 07 - 58 E 555 . 66 feet to a point in an
existing fence line , said point being a set concrete
monument ;
Thence with the said existing fence line S 89 - 46 - 36 W
839 . 82 feet to the said existing fence corner ;
Thence leaving said existing fence line S 89 - 46 - 36 W
28 . 05 feet to the true point -of-beginning , containing
10 . 94 acres , more or less , Washington County , Arkansas .
SUBJECT TO : a road easement on the . West boundary thereof
and all easements recorded thereof ,
TRACT C ( City of Fayetteville )
A part of the NW 1 / 4 of the SE '1 / 4 of section 1 , T - 16 -N ,
R 30 -W being more particularly described as beginning at
3
THE NISLOCK LAW FIRM
70 EAST MOUNTAIN ST. • DRAWER 818
FAYETTEVILLE, ARK. 72702-0818
1-501-571-5510
a point which is N 00 - 05 - 02 E ( Record North ) 1496 . 82 feet
( Record 1504 . 50 feet ) and N 89 - 46 - 36 E ( Record N 89 - 38 - 00 E )
867 . 87 feet from the South Quarter corner of said Section
1 , said point -of -beginning being a set concrete monument
in an existing fence line ;
Thence leaving said existing fence line N 23 - 07 - 58
W 555 . 66 feet to a set concrete monument ;
Thence N 37 - 07 - 27 W 322 . 24 feet to a point which
is Southerly at a perpendicular distance of 40 . 00 feet
from the Centerline tangent of Arkansas Highway 45 said
point being a set concrete monument ;
Thence N 61 - 33 - 47 E 366 . 21 feet to a point which is
at a perpendicular distance of 40 . 00 feet from the
centerline tangent of said highway ;
Thence N 56 - 12 - 20 E 308 . 80 feet to a point which
is at a perpendicular distance of 40 . 00 feet from the
centerline tangent of said highway , said point being a
set concrete monument ;
Thence S 00 - 32 - 04 E 10 . 50 feet to a point at a
fence corner post , said point being the Northwest
corner of the Catholic Cemetery ;
Thence with an existing fence line on the Westerly
boundary of said Cemetery S 00 - 32 - 04 E ( Record South )
304 . 56 feet ( Record 302 , 28 feet ) to a fence corner
post , said point being the Southwest corner of said
cemetery and a set concrete monument ;
Thence with an existing fence line on the Southerly
boundary of said cemetery N 87 -42 - 23 E ( Record East )
282 . 58 feet ( Record 247 . 50 feet ) to the East boundary
of said 40 acre tract , said point being a set concrete
monument ;
Thence with the East boundary of said 40 acre tract
S 00 - 00 - 58 W 808 . 56 feet to a point to a set concrete
monument ;
Thence leaving the East boundary of said 40 acre
tract S 89 - 46 - 34 W 7 . 79 feet to a found iron pin at an
existing fence corner post ; -
Thence with an existing fence line S . 897-46734 W 443 . 15
feet to the true point -of -beginning , containing 13 . 51 acres ,
more or less , Washington County , Arkansas .
4
THE NIBLOO( LAW FIRM
20 EAST MOUNTAIN 57. • DRAWER 818
FAYETTEVILLE, ARK. 72702-0818
1-501-521-5510
( 4 ) That the area is contiguous and adjacent to and adjoins
the present corporate limits of the City of Fayetteville , Arkansas ,
and that it is peculiarly adapted for urban purposes and that this
territory should be annexed to and made a part of the City of
Fayetteville , Arkansas ,
IT IS , THEREFORE , CONSIDERED , ORDERED , AND ADJUDGED by the
Court that the aforesaid real estate described as situated in
Washington County , Arkansas , is hereby annexed to and made a part
of the City of Fayetteville , Arkansas , in accordance with Act No .
1 of the Acts of the General Assembly of 1875 of the State of
Arkansas and all acts amendatory thereto , particularly including
Act No . 142 of the Acts of Arkansas for the year 1953 as codified
in Arkansas Code Annotated 14 - 40 - 601 et seq .
IT IS SO ORDERED ,
d
CHARLES A . N ON
County Jud e
5
THE NIBLOOC UW FIRM
20 EAST MOUNTAIN 5T. • DRAWER 818
FAVETTEVILLE, ARK. 727024818
1.501-521 -5510
ORDINANCE NO. 3762 which is at a perpendicular
AN ORDINANCE CONFIRM- distance of 40.00 feet from
ING THE ANNEXATION TO the centerline tangent of p C' V' ow
CITY OF FAR YETTE- said highway ; thence G
VILLE , ARKANSAS , . OF 61 '33'47" E 238.59 feat to "
CERTAIN PROPERTIES a point which is at a per-
OWNED BY THE CITY OF pendicular distance of 40.00
FAYETTEVILLE. WALTER feet from the centerline
N I B L O C K AND SAM tangent of said highway. STATE OF ARKANSAS
MATHIAS. CONTAINING said point being a set con- SS- FINANCE DEPT*
101 .65 trete monument: thence S
ACRES LOCATED SOUTH 37-07'27" E 322.24 feet to County of Washingto
OF MISSION BOULEVARD, a sat concrete monument:
WEST OF FOX HUNTER thence S 23'07 ' 58 " E /y
ROAD. 555.66 feet to a point in an I' �(�/yyai 1 1 Ga /VL) hereby cer-
existing fence line, said
BE IT ORDAINED BY THE point being a set concrete lify that I am the prof THE NORTHWEST ARKANSAS TIMES, a daily
CITY COUNCIL OF THE monument: thence with the
CITY OF FAYETTEVILLE, said existing fence line S newspaper having a recon class mailing privilege, and being not less than four pages of
ARKANSAS: 89646'36" W 839.82 feet to five columns each, published at a fixed place of business and at a fixed (daily) intervals
the said existing fancy cox- continuous) m the Cit of Fayetteville, County of Washington, Arkansas for more than
SeNon 1. That the City ner: thence leaving said or- Y Y Y tY g
Council hereby confirms the i s t i n g fence line S aperiod of twelve months, circulated and distributed from an established place of business
annexation to rka City of 89'the true in 2e.05 teat to to subscribers and readers generally of all classes in the Ci and Count for a definite nce
Fayetteville, Arkansas. of the, true point of beginning, g Y City Y P
those properties described containing 10. 94 acres, for each copy, or a fixed price per annum, which price was fixed at what is considered the
in Exhibit " A' attached more or less, u publication, upon Washington value of the ublicatibased n the news value and service value it contains, that at
hereto end made a pert County, Arkansas,as, subject
hereof. to a road easement on the least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
West boundary thereof and newspaper or its agents or through recognized news dealers over a nod of at least six
Section 2. That the offF all t boundary
ereor and P g g g Pe
tial map of the City of Fay- thereof. months; and that the said newspaper publishes anaverage of more than forty percent news
etteville . Arkansas , is matter.
hereby amended to reflect Tract C
the changes provided in A pan of the NW 1/4 of
Section 1 above. the SE 1/4 of Section 1 ,
T-16-N. R-30-W being more I furl er certify that the legal notice hereto attached in the matter of
Section 3. That the particular described as bel- - 1
above-described properties ginning at a point which iso l /� „n/1 /� �y
are hereby assigned to N 00'05'02 " E (Record l / I lA/ ��1� 3 ( IJ`
Ward No. 3. North) 1498.82 feet (Record I
PASSED AND APPROVED 1504 . 50 feet ) and N W3S published in the regular daily issue of said newspaper for
this 15th day of February. 89'46436 " E ( Record N, P g Y
1994, 89'38'00" E) 867.87 feet consecutive insertions as follows:
from the South Quarter cor-
APPROVED: ner of said Section 1 , said
By: Fred Hanna, Mayor point-of-beginning being a I ' 1 n
ATTEST: sat concrete monument in The fust insertion on the 1 M.M I dayof 19
By: Sherry L. Thomas an existing fence line;
City Clerk - thence leaving said existing
fence line N 23'07'58" W the second insertion on the day of 19
EXHIBIT 'A' 555.6n feet to a sat con-
LEGAL DESCRIPTION crew, nonument; thence N
1 ANNEXATION 3TO '7" W 322.24 feet to the third insertion On the day of 19
P a pont which is Southerly
Tract A at a perpendicular distance
of 40.00 feet from the can- and the fourth insertion on the day of 19
A pen of the East Half (12) torline tangent of Arkansas
of the Southeast Quarter Highway 45 said point be-
I(SE 1/4) of Section One (1 ), Ing a set concrete monu-
Township Sixteen ( 16), ment; thence N 61 '33'47"
North. Range Thirty (30) E 366.21 feet to a point
,West, more particularly de- which is centerline tangent
scribed as commencing at of said highway; thence N
the Northeast Corner of 56612'20" E 308.80 feet to Pubfishff deftel4lManager
said 80 acre tract. and con- a point which is at a per-
tinuing S 89'43 '03 W pendicular dilanceof 40.00
49.75 feet to the point of .feet from a centerline
beginning ; thence Stangent of aid highway,
15628'50" W 45.76 feet to said point t Ig a set con-
the Centerline of Fox creta monument; thence S
Hunter Road: thence along 00032'04" E 10.50 feet to a
said centerline S 16'50'37" point at the fence corner
E 17 . 26 feet and S ,post, said point being the
00'39'45" W 148,28 feet: Northwest corner of the
thence leaving said center- Catholic Cemetery; thence
line S 86'15'52' W 269.14 with an existing fence line
feet; thence S 01 '01 '27" Eon the Westerly boundary
272 . 00 feet .thence S of said Cemetery S
89048'31 " E -221 .52 feet to 00'32'04" E (Record 'South)
the centerline of Fox 304.56 feet (Record 302.28
Hunter Road: thence along feet) to a' fence comer Sworn to and subscribed before me on this I day of
said centerline S 01 '47'09" post, said point being the
E 27.48 feat, S 25'31 '05" E Southwest corner of said Q
47.66 feet, S 37'53'18" E cemetery and a set con- 19 I
64.08 feet: S 29'12'07' Ecrate monument; thence
42.63 feet and N 89047'09" with an existing fence line
E 19.75 feat: thence S on the Southerly boundary
00'00'59" E 1978.13 feet; of said cemetery N
thence S 89.30' 23 ' W 8942'23" E (Record East)
1319.04 feet: thence N 282.58 feet (Record 247.50
feet) to the East boundaryNo Public
thence
E 2644.55 feet: of said 40 acre tract, said
126 .17 N 89 the poi " E
1267.17 feet to the point of Point being a set concrete
uoT monument: thence with the My Commission Expires:Bn�AN�`r 4ej /gapmuadr East bounds of said 40
olid Algauos20J at elacre tract S 00600'58" W 09 - 01 - 01 1 (-! _/ . /V! I _ O
808.56 feet to a point to a 0
,
set concrete monument:
thence leaving the east
sat olgepuadep lsul lo; t WZ-L boundary of said 40 acre
Z9L-VVV O R O 1100 'suon tract S 89046434" W 7.79
eau nadei awOH moA l'1V U( feet to a found iron pin at Fees for Printing $ I I .
qO
an existing fence corner
It I post: thence with an exist- Cost of Proof $
' ing fence line S 89.46'34" � / /
.k"?D Jot Ase LEEB'6 W 443.15 feet to the true Total $ I• Y0
res Nointe pug se121 elgau Poi &nt of beginning, contain-
001D ONV DNllf1VH 'IVu3N1 Ing 13.51 acres, more or
less, Washington County,
'CgLZ-E" '6ulwwul gen 'xlr Arkansas
I-ucelo pivA •xq OlsenllNlsui
