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HomeMy WebLinkAboutOrdinance 3942 FILED FOR RECORD FILED 096 JAN 1. 0 Pel 2 27 ' 96 JAN 10 PM2 37 "t-= sHr crop! CO AR K . 4 'iRr! ESS M A R T L'f t; ?S ORDINANCE NO. 3942 CO . & PRO ' , "'i L CLERK WASHIt; Ci ^ t; C - . ' RK . AN ORDINANCE CONFIRMING THE ANNEXATION TO THE CITY OF FAYETTEVILLE , ARKANSAS , OF APPROXIMATELY 4.59 ACRES LOCATED WEST OF DEANE SOLOMON ROAD AND NORTH OF RAZORBACK GOLF COURSE, AS REQUESTED BY MICHELE HARRINGTON ON BEHALF OF JED DEVELOPMENT, INC. BE IT RESOLVED 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 that property described in Exhibit A attached hereto and made a part hereof. Section 2. The official map of the City of Fayetteville, Arkansas, is hereby amended to reflect the change provided in Section 1 above. Section 3 . That the above-described property is hereby assigned to Ward No. 4 PASSED AND APPROVED this 1� tt i day of December 1995 . APPROVED: By: /" /' red Hanna, Mayor ATTEST By : Traci Paul City Clerk :,; �ytEV�r � tI s' od ad r � } '` I r,. ,o� 'oll Q � ,,f. } 96001872 EXHIBIT "A " Legal Description RZA95-22. 1 A part of the SE 'A of the NE 'A of Section 32, Township 17 North, Range 30 West, more particularly described as commencing at the Northeast comer of Section 32, Thence S02-28- 11 W 1327 .02 feet to the Point of Beginning: Thence S02-28- IIW 330.00 feet; thence N87-24-46W 605 .94 feet to the East line of Crystal Springs, Phase II Subdivision, Fayetteville, Washington County, Arkansas; Thence along said line NO2-30-41E 330.00 feet to the Northeast comer of said Subdivision; thence S87-24-46E 605 .69 feet to the Point of Beginning, containing 4.59 acres, more or less to the City of Fayetteville, Washington County, Arkansas. 960018?3 CircaxC:�:x =rd . .v`_. • .-,,•;rtl c_,.. F`:,i iha came d.,d t r 1 h®yo herC' rh:rca ' " sea' 01 IN Vt'friSES3��Y'�r•-C • UntortrJ t rrcdhereon mild1 C', Gta rY.,.a aathicsn Hames Clrcutk vd gfry !o Rocorw State of Arkansas SECRETARY OF STATE �RNAN5�9 Sharon Priest SECRETARY OF STATE January 19, 1996 The Honorable Marilyn Edwards Washington County and Probate Clerk Courthouse - 2 North College Avenue Fayetteville, AR 72701 Dear Ms. Edwards: This office has received the Decree of Annexation, Ordinance No. 3942, County Order No. CC-95-9 and the plat from the City of Fayetteville, Washington County, Arkansas. This annexation has been recorded and filed as of January 19, 1996. If we may be of further service, please contact our office at 682-5070 or 800-482-1127. Sincerely, Judy Steelman Elections Assistant cc: The Honorable Traci Paul Fayetteville City Clerk 113 West Mountain Fayetteville, AR 72701 Mr. Don Zimmerman, Director Arkansas Municipal League P. O. Box 38 North Little Rock, AR 72115-0038 State Capitol • Uttle Rock, Arkansas 72201 -1094 • (501 ) 682-1010 STATE OF ARKANSAS SS. County of Washing[o I, hereby cer- ORDINANCE NO. 3942 tify that I am the publish r of TH ORTHW ST ARKANSAS TIMES, a daily AN ORDINANCE CONFIRM-, newspaper having a second class mall gprivilege, and being not less than four pages of ING THE ANNEXATION TO five columns each, published at a fixed place of business and at a fixed (daily) intervals THE CITY OF FAYETTEVILLE, , continuously 1m t y y y g ARKANSAS, OF'-APPROX- y he Ci[ of Fayetteville, Count of Washington, Arkansas for more than IMATELY 4.59 ACRES LO- i aperiod of twelve months, circulated and distributed from an established place of business CATEDSO- LOMONWEST OF DEANS SO- to subscribers and readers generally of all classes in the Ci and Count for adefnite rice LOMON ROAD AND NORTH B Y City y p OF RAZORBACKGOLF for each copy, or a fixed price per annum, which price was fixed at what is considered the COURSE AS REQUESTED BY MICHELE HARRINGTON ON value of the publication, based Upon the news Value and service Value it contains, that at BEHALF OF JED DEVELOP- , least fifty percent Of the subscribers thereto have paid Cash for Ureic subscriptions to the MENT, INC. newspaper or its agents or through recognized news dealers over a period of at least six BE IT ORDAINED BY THE months; and that the said newspaperpublishes an average of more than forty percent news CITY COUNCIL OF. THE matter. CITY OF FAYETTEVIII ARKANSAS: Section t . That the City I further certif that the legal notice hereto attached in the matter of Council hereby confirms the annexation tthe City of Fayetteville,. Arkansas. of that property described in Exhibit' I A attachedhereto and made a was published in the regular daily issue of said newspaper for partrthereof,her Section 2. That the official , consecutive insertions as follo map of the City of Fayette- ville, Arkansas, is hereby _ amended to reflect the The first insertion on the day ofl9_�:ff_L change provided in Section 1 above. Section 3. That the above- the second insertion on the day of 19 described property is hereby assigned to Ward No. 4. PASSED AND AP- ' the third insertion on the day of 19 PROVED this 9th day of De- cember, 1995. I APPROVED: and the fourth insertion on the day of 1 - By: Fred Hanna, Mayor j ATTEST: '�- 1[ d 'b rm •� By: Traci Paul, City Clerk LEGAL DESCRIPTION FOR 1 A -, ^ RZ95-39 UI A %1 J Publisher / Ge •rel Manager A part of the SE1/4 of the NE1/ 4 of Section 32, Township 17 p, t.' 7 North, Range 30 West, more FINANCE DEPT - particularly described asl commencing at the Northeast corner of Section 32, thencei S02-28- 11W 1327.02 feet td the Point of Beginning; Thence S02-28-11W 330.00 '1 feet; thence N87-24-46W 605.94 feet to the East Line of Crystal Springs, Phase II Sub- division, Fayetteville, Washington County, Arkansas; thence along said line NO2- 30-41E 02-30-41E 330.00 feet to ;the ,l Sworn to and subscribed before me on this I day of Northeast coiner of said Sub-', r-division; thence S87-24-46E n 1 605.69 feet to the Point offBe- 1 19 r ginning, containing 4.59 acr- 1 es, more or less to the City of Fayetteville, Washington I County, Arkansas. (bf£fy�PffisliE�Sc t Wilma Mc owell << My Commission Expires: NotaryPublic, State of Arkansas yJ 1 _05__057 �®� Benton County Oa My Commission Expires 07/25/05 t� Fees for Printing Cost of Proof $ Total $ -Sggz HARRINGTON & ASSOCIATES A PROFESSIONAL ASSOCIATION ATTORNEYS 113 EAST EMMA AVENUE • P.O. BOX 687 SPRINGDALE, ARKANSAS 72765-0687 �+ / ICROy-ogir AIar ED Michele A. Harrington 'vgl �119L1 ,10 Stephen J. Miller John P. Neihouse, LL.M. (in Taxation) William F. Mertins, Jr. Telephone (501) 7516466 Stephen D. Stitt FAX (501) 751-3715 February 15 , 1996 Marilyn Edwa Washingto ounty Clerk 280 N. ollege, Suite 300 Fa Ville, AR 72701 RE: In the Matter of the Annexation of Certain Lands to the City of Fayetteville, Arkansas Case No. CC 95-9 Dear Ms. Edwards: Enclosed you will find an original and two copies of a Petition for Confirmation of Annexation in regard to the captioned matter. Please file the same and return a file-marked copy to me in the enclosed return envelope. Thank you for your assistance in regard to this matter. Sincerely, Stephen J. Miller SJM/sdh Enclosure cc: Traci Paul, Fayetteville City Clerk IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF: ANNEXATION OF CERTAIN LANDS TO THE CITY OF FAYETTEVILLE, ARKANSAS Case No. CC 95-9 PETITION FOR CONFIRMATION OF ANNEXATION Comes now, JED Development, Inc., by and through its President, Howard Davis, Petitioner, and for its Petition for Confirmation of Annexation states as follows: 1 . There was entered in this cause an Order which annexed the following described real estate to the City of Fayetteville, Arkansas: TRACT "A" - A PART OF THE SE 1/4 OF THE NE 1 /4 OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF SECTION 32, THENCE S 02-28-11 W 1327.02 FEET TO THE POINT OF BEGINNING; THENCE S 02-28-11 W 330.00 FEET; THENCE N 87-24-46 W. 605.94 FEET TO THE EAST LINE OF CRYSTAL SPRINGS, PHASE II SUBDIVISION, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS; THENCE ALONG SAID LINE N 02-3041 E 330.00 FEET TO THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE S 87-24-46 E 605.69 FEET TO THE POINT OF BEGINNING, CONTAINING 4.59 ACRES, MORE OR LESS TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. 2 . Said Order was duly entered on the County Records of Washington County, Arkansas in Book K2394. 3 . No objections have been given to the authorities of the City of Fayetteville, nor to the agents of the Petitioners, nor have any exceptions to the said Order been filed with the County Clerk of Washington County, Arkansas. 4. No exceptions to the said action have been filed by any interested person or by the City of Fayetteville, Arkansas. 5 . The City of Fayetteville, Arkansas, accepted the territory, pursuant to Ordinance No. 3942, an Ordinance Accepting and Annexing Certain Territory to the City of Fayetteville, Arkansas, said Ordinance being passed and approved on the 19th day of December, 1995, a true and correct copy of said Ordinance is attached hereto as Exhibit "A" and incorporated herein by reference. WHEREFORE, the Petitioner prays that the annexation be confirmed, and that this Court find that the Petition and all proceedings thereunder are in compliance with the statutes and that the action of the County Court, in its Order of June 5, 1995, be in all things approved and confirmed . JED DEVELOPMENT, INC., Petitioner HARRINGTON & ASSOCIATES A Professional Association 113 East Emma Avenue Post Office Box 687 Springdale, Arkansas 72765 (501 ) 751 -6464 By: 1, fMv ichele A. Harrington Arkansas Bar No: 85217 Attorneys for Petitioner 2 VERIFICATION STATE OF ARKANSAS ) ss. COUNTY OF WASHINGTON ) I , Howard Davis, President of JED Development, Inc., hereby state under oath that I have read the above and foregoing Petition for Annexation, and that the facts and allegations contained therein are true and correct t the best of riy k wledge and belief. Howard Davis, President SUBSCRIBED AND SWORN to before me, a Notary Public, this Zjl_ day of 46raao , 1996 . My Commission Expires: Notary Public Of F '41AL �SEALj csnm. Cx��ui�_�2, 2Gt)3_�ERTIFICATE OF SERVICE I, Michele A. Harrington, attorney for petitioners herein, hereby certify that I have served a true copy of the within and foregoing on the City Clerk for the City of Fayetteville, Arkansas, by placing a copy thereof in the U . S . Mails, postage prepaid, addressed to her mailing address in Fayetteville, Arkansas, this the Lg day of 1996 . / 'Michele A. Harrington Mwpfies\ste eyedsconfrm.pet sh 3 01/29 /88 14 : 48 $1 501 575 8257 Uty of , Faye a Dol FILED FOR RECORD ' 96 AN 10 Pel 2 27 FILED 71 SHIT ? ,iONCOAR 096 AN 10 Pfd 2 37 K . y %. RfIESS A E o s m o G MARILYf; [ ' '. $ o S 3 a a ORDINANCE, NO. 3242 6.0r &' PROr ''Ic CLERK WASHIIdt; T ^ P' C :. ;iRK . AN ORDINANCE CONFIRMING THE ANNEXATION TO THE CITY OF FAYETTEVILLE , ARKANSAS , OF m APPROXIMATELY 4. 59 ACRES LOCATED WEST OF DEANE z SOLOMON ROAD AND NORTH OF RAZORBACK GOLF COURSE, AS REQUESTED BY MICHELE HARRINGTON ON s a BEHALF OF JED DEVELOPMENT, INC. e BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section n 1 , That the City Council hereby confirms the annexation to the City of Fayetteville, Arkansas, of that property described in Exhibit A attached hereto and made a part hereof. Section 2. The official map of the City of Fayetteville, Arkansas, is hereby amended to reflect the change provided in Section 1 above. Section 3 . That the above-described property is hereby assigned to Ward No. 4. 9 PASSED AND APPROVED this I th day of December , 1995 . APPROVED: o By: r" red Hanna, Mayor ATTEST' By: Traci Paul City Clerk ;,: , ,,,, ho.. . `, 96001872 f .. '� EXHIBIT 01 /23/ 90 14 : 49 $1 501 575 8257 _ City or, Faye 0 002 EXHIBIT "A" Legal Description RZA95-22. 1 A part of the SEV+ of the NEIA of Section 32, Township 17 North, Range 30 West, more particularly described as commencing at the Northeast comer of Section 32, Thence S02-28- 11 W 1327.02 feet to the Point of Beginning: Thence S02-28- IIW 330.00 feet; thence N87-24-46W 605 .94 feet to the East line of Crystal Springs, Phase II Subdivision, Fayetteville, Washington County, Arkansas; Thence along said line NO2-30-41 E 330.00 feet to the Northeast cornet of said Subdivision; thence S87-2446E 605 .69 feet to the Point of Beginning, containing 4.59 acres, more or less to the City of Fayetteville, Washington County, Arkansas. 960018?3