HomeMy WebLinkAboutOrdinance 4019 FILED FILED FOR RECORD
' 97 FEB 24 PFI 2 55 97 FEB 24 PIS 2 49
ORDINANCE N0, 4019 WASHINGTON CO AR
MARILYtl EDWA. RDS K . HAri
C0. & PROBATEANEORDINANCE ACCEPTING ANNEXATION OF 772. 85 dESS
WASHIt10TON CAQWS LOCATED SOUTH OF ARKANSAS HIGHWAY 16
EAST, WEST OF ROBERTS ROAD , AND EAST OF DEAD
HORSE MOUNTAIN ROAD .
WHEREAS, on December 10, 1996, the Washington County Court entered an order
annexing to the City of Fayetteville 1008 acres as described in said order; and,
WHEREAS, it has been determined that 235 . 15 acres of said 1008 acres is already within
the corporate limits of Fayetteville, thus leaving 772 . 85 acres to be annexed; and,
WHEREAS, A . C . A . § 14-40-605 provides that if an annexation is not challenged by a
proceeding instituted in circuit court within thirty (30) days from the making of the annexation
order by the county court, the proceedings before the court shall in all things be confirmed, if the
city shall, by ordinance or resolution, accept the territory ; and,
WHEREAS, no challenge to the making of the December 10, 1996, annexation order by
the Washington County Court has been instituted; and,
WHEREAS, the Fayetteville Planning Commission has recommended that the Fayetteville
City Council accept this annexation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the Fayetteville City Council hereby accepts annexation of territory
described in Exhibit "A " , attached hereto and made a part hereof, as part of the corporate limits
for the City of Fayetteville, Arkansas .
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. 1 .
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P, SED AND APPROVED this _18th day of February , 1997 .
APPROVED
;r f By:
y'y� ed Hanna, Mayor
ATTE�T!
By : / /
Traci Paul, City Clerk 97011647
EXHIBIT "A "
LEGAL DESCRIPTION FOR ANNEXATION OF RZA96-19
The following describe real property located in Washington County, Arkansas :
A Pan of Sections 23 , 24, and 25 of Township 16 North, Range 30 West and a Part of Section
19, Township 16 North, Range 29 West and being more particularly described as follows to-wit:
Beginning at the Northeast Corner of Section 25 , Township 16 North, Range 30
West and running thence S 00 degrees 07 minutes 17 seconds West, along the
Range Line, 4632.07 feet to the Southeast Comer of the North half of the Southeast
Quarter of the Southeast Quarter of said Section 25 ; thence West 1320 feet; thence
N 00 degrees 07 minutes 17 seconds East, 1985 . 17 feet; thence West 858 .00 feet;
thence South 00 degrees 07 minutes 17 seconds, West 661 .72 feet; thence West
1452.00 feet; thence North 00 degrees 07 minutes 17 seconds East 661 . 72 feet;
thence East 990 feet, to the center of said Section 25 ; thence North 00 degrees 01
minutes 34 seconds West 2646.89 feet to the Quarter Section Corner on the South
Line of Section 24; thence West, along Section Line, 4860. 70 feet, to a point
where the South Line of Section 23 intersects the Centerline of the West Fork of
the White River, as now exists ; thence following the center of the channel of the
West Fork of the White River, the following bearings and distances : North 36
degrees 29 minutes West 265 .90 feet, North 13 degrees 06 minutes West 175 .63
feet, North 29 degrees 46 minutes West 133 .65 feet, North 87 degrees 35 minutes
West 92. 57 feet, North 86 degrees 18 minutes West 107.91 feet, North 63 degrees
20 minutes West 128 .00 feet, North 41 degrees 50 minutes West 145 .00 feet,
North 03 degrees 40 minutes East 145 .00 feet, North 00 degrees 37 minutes West
290.61 feet, North 22 degrees 09 minutes East 221 .55 feet, North 19 degrees 30
minutes West 369. 18 feet, North 16 degrees 46 minutes West 316 .22 feet, North
03 degrees 06 minutes West 301 .04 feet, North 02 degrees 11 minutes East 376.43
feet, North 04 degrees 00 minutes West 128 .00 feet, North 39 degrees 20 minutes
East 260.00 feet, North 54 degrees 56 minutes East 122. 37 feet, North 79 degrees
20 minutes East 168 .00 feet, South 16 degrees 17 minutes East 250.44 feet, South
70 degrees 00 minutes East 268 .00 feet, North 55 degrees 27 minutes East 93 . 37
feet, North 33 degrees 15 minutes East 516.44 feet, North 39 degrees 20 minutes
West 66.20 feet, North 15 degrees 50 minutes West 208 .00 feet, North 06 degrees
20 minutes East 136.40 feet, North 51 degrees 53 minutes East 197. 30 feet, North
83 degrees 30 minutes East 160.00 feet, South 61 degrees 55 minutes East 149. 34
feet, South 34 degrees 47 minutes East 493 .97 feet, North 87 degrees 45 minutes
East 122.52 feet, North 72 degrees 43 minutes East 103 .08 feet, North 35 degrees
13 minutes East 345 .40 feet, North 04 degrees 34 minutes East 108 . 17 feet, North
42 degrees 20 minutes East 102.80 feet, North 84 degrees 44 minutes East 112.90
9'7011048
Page 2
Ordinance No . 4019
Exhibit A
feet, South 29 degrees 05 minutes East 76. 14 feet, South 73 degrees 33 minutes
East 261 . 71 feet, North 72 degrees 45 minutes East 80. 30 feet, to a point where
the property line leaves the centerline of the River, thence North 24 degrees 05
minutes West, to and along an existing fence, 1036.06 feet, to the center of the Old
Fayetteville-Huntsville Road; thence North 78 degrees 47 minutes East along the
center of said Old Fayetteville-Huntsville Road and an existing fence, 1254 . 91 feet;
thence South 50 degrees 00 minutes East along County Road, 495 .00 feet; thence
South 37 degrees 00 minutes East along Road 346.50 feet; thence South 12 degrees
30 minutes East along County Road, 380.52 feet, to the center of a steel bridge
crossing the West Fork of White River, said river crossing described in deeds as
Stones Ford; thence following the centerline of the channel of the West Fork of
White River the following bearings and distances : S 70 degrees 44 minutes East
200.00 feet, South 59 degrees 55 minutes East 694. 11 feet, North 78 degrees 52
minutes East 434. 18 feet, South 29 degrees 07 minutes East 314. 83 feet, South 57
degrees 11 minutes East 714. 36 feet, South 60 degrees 35 minutes East 223 .43
feet, North 63 degrees 39 minutes East 363 .66 feet, North 54 degrees 52 minutes
East 402.98 feet, North 56 degrees 36 minutes East 592.03 feet, North 26 degrees
49 minutes East 786. 97 feet, to a point where the property line leaves the center
of the channel of the West Fork of White River; thence East 400.00 feet, to a point
50.00 feet West of the East Line if said Section 24, the same being the Range Line;
thence North 20.0 feet; thence North 20 degrees 15 minutes East 425 . 14 feet, to
the South right of way of State Highway 16; thence South 58 degrees 30 minutes
East, along said South right of way, 50.0 feet; thence South 20 degrees 15 minutes
West 399 .0 feet, to the Range Line; thence South 00 degrees 07 minutes 17
seconds West along the Range Line, 857 .03 feet, to an existing iron monument;
thence South 89 degrees 50 minutes East, along an existing fence row, 266. 10 feet,
to a fence corner; thence South 00 degrees 03 minutes 36 seconds West along an
existing fence line, 1542.33 feet to the North right of way of an existing County
Road; thence South 56 degrees 09 minutes West along said North County Road
right of way, 322.85 feet, to the Range Line; thence South 00 degrees 07 minutes
17 seconds West 1657 .20 feet, to the point of beginning, containing in total acreage
939.70 acres, more or less . Subject to an existing County Road right of way and
other utility easements, not being herein described.
ALSO
Part of the Fractional SWI/4 of Section 19, Township 16 North, Range 29 West
of the Fifth Principal Meridian in Washington County , Arkansas and being more
particularly described as follows : Beginning at the SW Comer of said Section 19,
thence North 89 Degrees 56 minutes 10 seconds East 2059. 66 feet to the center of
97011049
Page 3
Ordinance No . 4019
Exhibit A
Cleveland Ravine, thence along said Ravine as follows: North 19 degrees 36
minutes 45 seconds West 150.47 feet, North 38 degrees 27 minutes 09 seconds
East 53 . 89 feet, North 13 degrees 49 minutes 00 seconds East 91 .45 feet, North
42 degrees 56 minutes 02 seconds West 88. 56 feet, North 3 degrees 32 minutes 24
seconds West 73 . 83 feet, North 31 degrees 41 minutes 16 seconds West 89.09 feet,
North 2 degrees 39 minutes 15 seconds East 124 .71 feet, North 18 degrees 35
minutes 49 seconds East 121 .76 feet, North 25 degrees 21 minutes 06 seconds East
147. 48 feet, North 31 degrees 18 minutes 51 seconds East 87. 33 feet, North 1
degrees 46 minutes 14 seconds West 36.74 feet, North 19 degrees 37 minutes 32
seconds West 36. 79 feet, North 0 degrees 09 minutes 03 seconds East 66.54 feet,
North 23 degrees 18 minutes 34 seconds East 52. 57 feet, North 6 degrees 55
minutes 49 seconds West 41 .85 feet, North 52 degrees 44 minutes 27 seconds West
39 . 37 feet, North 24 degrees 56 minutes 48 seconds West 39. 91 feet, North 4
degrees , 21 minutes , 51 seconds East 96. 13 feet, thence leaving said ravine and
along the north line of the S 1h of said Fractional SW 1/4 N 89 degrees 57 minutes
06 seconds West 1456 .00 Feet to an FIP, thence North 0 degrees 07 minutes 06
seconds West 752 .02 Feet, thence along the center of County Road 170 South 55
degrees 32 minutes West 167 .41 Feet, thence South 0 degrees 59 minutes 40
seconds East 273 .48 Feet, thence South 55 degrees 04 minutes West 206.40 Feet,
thence North 01 degrees 39 minutes 36 seconds West 273 .42 feet, thence along the
center of the County Road South 55 degrees 32 minutes West 367 .63 feet, thence
leaving said County Road South 0 degrees 07 minutes 06 seconds East 1652 . 89
Feet to the POB; containing 68 .30 acres more or less subject to easement of R/W
of record.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY
LEGAL DESCRIPTION (Goff property inside City Limits):
The part of the Goff Farm that is West of the section line between Section 23 & 24 and North of the
Section line between Section 23 & 26 all in T16N, R30W in Washington County, Arkansas and
being more particularly described as follows: Beginning at the SE Corner of Section 23 Thence
West, a distance of 2232.72 feet to the center of the West Fork of the White River, thence along the
center of said river as follows: Thence North 36 Degrees 29 Minutes 00 Seconds West a distance
of 265 .90 feet to a point; Thence North 13 Degrees 06 Minutes 00 Seconds West, a distance of
175 .63 feet to a point; Thence North 29 Degrees 46 Minutes 00 Seconds West, a distance of 133 .65
feet to a point; Thence North 87 Degrees 35 Minutes 00 Seconds West, a distance of 92.57 feet to
a point; Thence North 86 Degrees 18 Minutes 00 Seconds West, a distance of 107.91 feet to a point;
Thence North 63 Degrees 20 Minutes 00 Seconds West, a distance of 128.00 feet to a point; Thence
97011050
Page 4
Ordinance No . 4019
Exhibit A
North 41 Degrees 50 Minutes 00 Seconds West, a distance of 145 .00 feet to a point; Thence North
03 Degrees 40 Minutes 00 Seconds East, a distance of 145.00 feet to a point; Thence North 00
Degrees 37 Minutes 00 Seconds West, a distance of 290.61 feet to a point; Thence North 22 Degrees
09 Minutes 00 Seconds East, a distance of 221 .55 feet to a point; Thence North 19 Degrees 30
Minutes 00 Seconds West, a distance of 369. 18 feet to a point; Thence North 16 Degrees 46 Minutes
00 Seconds West, a distance of 316.22 feet to a point; Thence North 03 Degrees 06 Minutes 00
Seconds West, a distance of 301 .04 feet to a point; Thence North 02 Degrees 11 Minutes 00 Seconds
East, a distance of 376.43 feet to a point; Thence North 04 Degrees 00 Minutes 00 Seconds West,
a distance of 128.00 feet to a point; Thence North 39 Degrees 20 Minutes 00 Seconds East, a
distance of 260.00 feet to a point; Thence North 54 Degrees 56 Minutes 00 Seconds East, a distance
of 122.37 feet to a point; Thence North 79 Degrees 20 Minutes 00 Seconds East, a distance of 168.00
feet to a point; Thence South 16 Degrees 17 Minutes 00 Seconds East, a distance of 250.44 feet to
a point; Thence South 70 Degrees 00 Minutes 00 Seconds East, a distance of 268.00 feet to a point;
Thence North 55 Degrees 27 Minutes 00 Seconds East, a distance of 93 .37 feet to a point; Thence
North 33 Degrees 15 Minutes 00 Seconds East, a distance of 516.44 feet to a point; Thence North
39 Degrees 20 Minutes 00 Seconds West, a distance of 66.20 feet to a point; Thence North 15
Degrees 50 Minutes 00 Seconds West, a distance of 208.00 feet to a point; Thence North 06 Degrees
20 Minutes 00 Seconds East, a distance of 136.20 feet to a point; Thence North 51 Degrees 53
Minutes 00 Seconds East, a distance of 197.00 feet to a point; Thence North 83 Degrees 30 Minutes
00 Seconds East, a distance of 160.00 feet to a point; Thence South 61 Degrees 55 Minutes 00
Seconds East, a distance of 149.34 feet to a point; Thence South 34 Degrees 47 Minutes 00 Seconds
East, a distance of 493 .97 feet to a point; Thence North 87 Degrees 45 Minutes 00 Seconds East, a
distance of 122.52 feet to a point; Thence North 72 Degrees 43 Minutes 00 Seconds East, a distance
of 103.08 feet to a point; Thence North 35 Degrees 13 Minutes 00 Seconds East, a distance of 345 .40
feet to a point; Thence North 04 Degrees 34 Minutes 00 Seconds East, a distance of 108. 17 feet to
a point; Thence North 42 Degrees 20 Minutes 00 Seconds East, a distance of 102.80 feet to a point;
Thence North 84 Degrees 44 Minutes 00 Seconds East, a distance of 112.90 feet to a point; Thence
South 29 Degrees 05 Minutes 00 Seconds East, a distance of 76. 14 feet to a point; Thence South 73
Degrees 33 Minutes 00 Seconds East, a distance of 261 .71 feet to a point; Thence North 72 Degrees
45 Minutes 00 Seconds East, a distance of 80.30 feet to a point; Thence North 24 Degrees 05
Minutes 00 Seconds West, a distance of 1036.06 feet to a point; Thence North 78 Degrees 47
Minutes 00 Seconds East, a distance of 750.00 Feet to the East line of Section 23, thence along the
East line of Section 23 South 4765 .35 Feet to the P.O.B., Containing 235 . 15 acres more or less.
9'701105;
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FILED
' 97 FEB 19 PM 3 16
IN THE COUNTY COURT OF WASHINGTON CMAI , T( 1 ARKAWS
IN THE MATTER OF: CO . & PROBATE CLERK
ANNEXATION OF CERTAIN LANDS TO THE WASiMIGTOIJ CO . ARK .
CITY OF FAYETTEVILLE, ARKANSAS CASE NO. CC 97-
PETITION FOR ANNEXATION
I
Comes now, Wanda Sims, and for her Petition for Annexation states as
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follows:
1 . Petitioner is a resident of Fayetteville, Washington County, Arkansas.
2. Petitioner is the sole record owner of the following described property
situated in Washington County, Arkansas, to-wit: I
Part of the Northeast Quarter (NE}) of the Northeast Quarter (NE-41)
of Section Twenty Four (24), Township Sixteen (16) North, Range
Thirty (30) West of the 5th P.M. , and a part of the Northwest
Quarter (NW;) of the Northwest Quarter (NW4) of Section
Nineteen (19), Township Sixteen (16) North, Range Twenty
Nine(29) West of the 5th P.M. , and being more particularly
described as follows, To-Wit: Beginning at a point 612.48 feet
South of the Northeast corner of the first above mentioned 40 acre
tract, said point being on the South right-of-way line of State
Highway #16, and running with the said right-of-way line S58°30'E
165.22 feet, thence leaving said right-of-way line and running
S20015'W a distance of 399 feet to a point on the Section line
between the above mentioned Sections at a point which is 1072.8
feet South of the Northeast corner of the first mentioned 40 acre
tract, thence South on said Section line 20 feet, thence West 400
feet to the centerline of the West Fork of White River, more or less,
thence in a Northeasterly direction with the meanderings of said
centerline of the West Fork of White River to the South right-of-
way line of said highway, thence S58°30'E along said right-of-way
line 79. 78 feet, more or less, thence N31 °30'E with said right-of-
way a distance of 10 feet, thence S58030'E with said right-of-way a
distance of 10.5 feet to the point of beginning. LESS & EXCEPT F
50 feet of equal and uniform width off of the East side of said tract LL
reserved for roadway purposes, and containing herein Three C
acres, more or less. 0
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4. All of the above-described property is adjacent and contiguous to the
present city boundary line for the City of Fayetteville, Washington County,
Arkansas.
5. A true and correct copy of the Vicinity Map of the above-described
property, referred to on said Vicinity Map as Tract A, is attached hereto, marked
as Exhibit "A° and made a part hereof by reference. ,
6. The above-described property is suitable for annexation to the City of
Fayetteville, Arkansas, and is necessary for the proper growth, prosperity and
management of the above-described property and the City of Fayetteville,
I
Arkansas.
7. Pursuant toArkansas Code Annotated §14-40-601 at seq, this Court
has jurisdiction over the subject matter herein, and Petitioner requests that the
above-described property be annexed to the City of Fayetteville, Arkansas.
8. Petitioner further states that the law firm of Greenhaw & Greenhaw,
Fayetteville, Arkansas, is authorized to act for and on behalf of the Petitioner in
all matters connected with this Petition and subsequent hearings or annexation
proceedings connected therewith.
9. Petitioner requests that this Court set a date for hearing this Petition,
not less than thirty (30) days after the date of the filing of this Petition, pursuant
to Arkansas law.
WHEREFORE, Petitioner prays that the above-described property be
annexed to the City of Fayetteville, Washington County, Arkansas, pursuant to
I
the provisions of Arkansas law, after a hearing thereon as required by law, and
4
that this Court, by its Order, fix a time and place for said hearing not less than
thirty (30) days from the filing of this Petition; and for all other proper relief to
I
which Petitioner may be entitled.
WANDA SIMS, Petitioner
. I
By
William Greenhaw #78062
Of Greenhaw & Greenhaw
P.O. Box 4276
Fayetteville, AR 72702
(501 ) 442-2562
Her Attorney
CERTIFICATE OF SERVICE
I, William Greenhaw, do hereby certify that I have thisday of
February, 1997, hereby certify that I have served a true copy of the thin and
foregoing n the City Clerk for the City of Fayetteville, Arkansas, by placing a
copy thereof in the U . S. Mail, postage prepaid, addressed to her mailing address
in Fayetteville, Arkansas.
�u
William Greenhaw
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