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Home My WebLink AboutOrdinance 4036 FILED FILED FOR RECORD 097 JUN 6 flM 9 13 97 JUN 6 AfI 9 05 MARILYN O D ;, ft: i; DS WASHINGTON CO AR CO. & PRO 'J .: TE CLERK K . HARNESS WASHI110TOt4 CO . ARK . ORDINANCE NO. 4036 AN ORDINANCE APPROVING ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF APPROXIMATELY 30.02 ACRES LOCATED NORTH OF MT . COMFORT AND WEST OF SALEM ROADS DESCRIBED IN RZA97-4, REQUESTED BY MICHELE HARRINGTON ON BEHALF OF PRESTIGE PROPERTIES . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council hereby approves annexation to the City of Fayetteville, Arkansas, of that property described in Exhibit A attached hereto and made a part hereof. Section2. The official map of the City of Fayetteville, Arkansas, is hereby amended to reflect the change provided in Section 1 above. Section3. That the above-described property is hereby assigned to Ward No. 4 F FVOED AND APPROVED this 21st_ day of May , 1997 . op APPROVED : 44 By : 41lao . l : Fred Hanna, Mayor ATTEST: By : Traci Paul, City Clerk 9 "7036-9`'9 '�' EXHIBIT " A " LEGAL DESCRIPTION FOR ANNEXATION OF RZA97-4 A part of the Southwest Quarter (SW'/4) of the Southwest Quarter (SWI/4) of Section Thirty-Two, Township Seventeen North, Range Thirty West, being more particularly described as follows: Beginning at the Northeast comer of said 40 acre tract, said point being a set aluminum capped iron; then South 00° 5724" West along the east line of said 40 acre tract 987.96 feet to a set iron; thence North 88° 51 ' 39" West 1321 .37 feet to a set iron on the West line of said 40 acre tract; thence North 00° 46' 35" East 990.50 feet to an aluminum capped iron at the Northwest corner of said 40 acre tract: thence South 88° 45' 07" East 1324.49 feet to the point of beginning, containing 30.02 acres, more of less, Washington County, Arkansas. The above described tract being subject to the right-of- way of Salem Road along the entire east boundary. Kathleen nc ss, Clrc�n Clark and [ potliclo Pecorder for Washington County. A 1WJ=s, do hereby eerdW that l; !or rcoord In my thi3 to Ed Ir ao r "Con r� M car. t eMIDa E9 ii1L�.ta.+= i3 now dmL'IY recorded With tha eotnown ledgeont 2t.d ccrtilicot3 ther P,ecord 6eoit End Pa93 es Indicated thereon. IN WITNESS WHEREOF, I have here- unto sat my hand CLdo IndlloatAftd edehereoni. Said Cort on 0, Kathleen Harness Circuit Clark and Ex i Racprder 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 97-6 PETITION FOR CONFIRMATION OF ANNEXATION Comes now, Prestige Properties, Development and Construction, Inc., Petitioner, by and through its President, Tim Reynolds, 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: A part of the Southwest Quarter (SWI /4) of the Southwest Quarter (SW1 /4) of Section Thirty-Two (32), Township Seventeen ( 17) North, Range Thirty (30) West, being more particularly described as Jollows: Beginning at the Northeast corner of said 40 acre tract, said point being a set aluminum capped iron, then South 00 degrees 57'24" West along the east line of said 40 acre tract 987.96 feet to a set iron; thence North 88 degrees 51 '39" West 1321 . 37 feet to a set iron on the West line of said 40 acre tract; thence North 00 degrees 46'35" East 990. 50 feet to an aluminum capped iron at the Northwest corner of said 40 acre tract; thence South 88 degrees 45 '07 East 1324.49 feet to the point of beginning, containing 30.02 acres, more or less, Washington County, Arkansas. The above described tract being subject to the right-of-way of Salem Road along the entire east boundary. 2. Said Order was duly entered on the County Records of Washington County, Arkansas in Book M-2. 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. 4036, an Ordinance Accepting and Annexing Certain Territory to the City of 1 Fayetteville, Arkansas, said Ordinance being passed and approved on the 21 " day of May, 1997, 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 March 24, 1997, be in all things approved and confirmed. PRESTIGE PROPERTIES, DEVELOPMENT AND CONSTRUCTION, INC., Petitioner HARRINGTON, MILLER & NEIHOUSE A Professional Association 113 East Emma Avenue Post Office Bok 687 Springdale, Arkansas 72765 (50X 751 -6464 By: I Z- R�z Step en J . Oillef Arkansas Bar No. 91160 Attorneys for Petitioner 2 VERIFICATION STATE OF ARKANSAS ) ss. COUNTY OF WASHINGTON ) I, Tim Reynolds, President of Prestige Properties, Development and Construction, Inc., hereby state under oath that I have read the above and foregoing Petition for Confirmation of Annexation, and that the facts and allegations contained therein are true and correct to the best of my knowledge and belief. Tim Reyno s, Presi ent nSUBSCRIBED AND SWORN to before me, a Notary Public, this �il day of _yoAM.[� 1997. /J / My ommission Expires: Notary Public Michele A. Harrington, Notary Publlo Washington County, Arkansas My Commission Expires 7/22J2003 CERTIFICATE OF SERVICE I , Stephen J . Miller, 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 `('L dof , 1997. ay �z C . StepKen J . All& 3 ORDINANCE NO. 44 0 3 63 6 AN ORDINANCE APPROVING ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS , OF APPROXIMATELY 30. 02 ACRES LOCATED NORTH OF MT. COMFORT AND WEST OF SALEM ROADS DESCRIBED IN RZA97-4 , REQUESTED BY MICHELE HARRINGTON ON BEHALF OF PRESTIGE PROPERTIES . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I . That the City Council hereby approves 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 21st day of May 1997 . APPROVED : By : ✓6�1/WL Fred Hanna, Mayor ATTEST: CERTIFICATE OF RECORD By State of Arkansast ss Traci Paul , City Clerk City of Fayetteville f 1, Traci Paul, City Clerk/Treasurer for the City of Fayetteville, do hereby certify that the foregoing Instrument is atrue and correct copy of the original 01eh1wIA I _ 405C., filed In my office on the 21Rr day of MAY , 1914 . Witness my hand and seal this 22W day dt MAd tba7 Traci Paul, City Clerk/Treasurer EXHIBIT " A " LEGAL DESCRIPTION FOR ANNEXATION OF RZA97-4 A part of the Southwest Quarter (S W'/<) of the Southwest Quarter (SW'/4) of Section Thirty-Two, Township Seventeen North, Range Thirty West, being more particularly described as follows: Beginning at the Northeast comer of said 40 acre tract, said point being a set aluminum capped iron; then South 00° 57'24" West along the east line of said 40 acre tract 987.96 feet to a set iron; thence North 88° 51 ' 39" West 1321 .37 feet to a set iron on the West line of said 40 acre tract; thence North 00° 46' 35" East 990.50 feet to an aluminum capped iron at the Northwest corner of said 40 acre tract: thence South 880 45' 07" East 1324.49 feet to the point of beginning, containing 30.02 acres, more of less. Washington County, Arkansas. The above described tract being subiect to the right-of- way ight-o6way of Salem Road along the entire east boundary. . : vi,) SEi:ii:691l`.kY31.7 �tIJ i:7iitl 1;7:' x ? f:r - 11 uJ bor quit s e 1 40 11 twluI , nl i?1It,. iu ysb ':r ; ' . STATE OF ARKANSAS ORDINANCE NO. 4036 ss. AN ORDINANCE APPROVING County of Washington ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKAN- SAS, OF APPROXIMATELY ], hereby cer- 30.02 ACRES LOCATED NORTH OF MT. COMFORT tify that I am the publisher of *1E NORT EST ARKANSAS TIMES, a daily AND WEST OF SALEM newspaper having a second class mailing privilege, and being not less than four pages of ROADS DESCRIBED IN five columns each, published at a fixed lace of business and at a fixed (daily) intervals RZA97.4, REQUESTED BY N W P Y CHELE HARRINGTON ON BE- continuously in the City of Fayetteville, County of Washington, Arkansas for more than HALF OF PRESTIGE PROP- a period of twelvemonths, circulated and distributed froman established placeof business BE IT to subscribers and readers generally of all classes in the Cil and Count for a definite rice BE IT ORDAINED BY THE B Y Y Y P CITY COUNCIL OF THE CITY for each copy, or a fixed price per annum, which price was fixed at what is considered the OF FAYETTEVILLE, ARKAN- SAS: value of the publication, based upon the news value and service value it contains, that at Section 1. That the City Council least fifty percent of the subscribers thereto have paid cash for their subscriptions to the hereby approves annexation to newspaper or its agents or through recognized news dealers over a period of at least six the City of Fayetteville, Arkan- sas, of that property described months; and that the said newspaper publishes an average of more than forty percent news in Exhibit A attached hereto matter. and made a part hereof. Section 2. The official map of the City of Fayetteville, Arkan- I further certify that the legal notice hereto attached in the matter of sas. is hereby amended to re- flect the chanein rovided C� ^� Section 1 above. p ��IAQ1yC.Q r�J� Section 3. That the above-de- / scribed property is hereby as- was published in the regular daily issue of said newspaper for signed to Ward No. 4. PASSED AND APPROVED consecutive insertions as follows: this 21st day of May, 1997. APPROVED: By: Fred Hanna The first insertion on the A' t 31 day of 19 ^J Mayor ATTEST: By: Traci Paul the second insertion on the day of 19 City Clerk EXHIBIT "A" LEGAL DESCRIPTION FOR the third insertion on the day of 19 ANNEXATION OF RZA 97-4 - A pan of the Southwest Quarter (SW 1/4) of the Southwest and the fourth insertion on the day of 19 Quarter (SW 1/4) of Section Thirty-Two, Township Seven- teen North, Range Thirty West being more particularly descri- bed as follows: Beginning at the Northeast corner of said 40 acres tract, said point being a set aluminum capped iron; then Publishor / ' neral Manager South 00' 57"24"West along the east line of said 40"acre tract 987.96 feet to a set iron: thence North 88°51'39• West 1321.37 feel to a set iron on in West line of said 40 acre tract: thence North 00046'35" East 990.50 feet to an aluminum capped iron at the Northwest . corner of said 40 acre tract: thence South 88°45'07'East 1324.49 feet to the point of be- ginning, containing 30.02 acres, more of less, Washington County, Arkansas. The above Sworn to and subscribed before me on this described tract being subject to day of the right-of-way of Salem Road n t b ti along the entire easoudary. - - 19�_ !!a!!!!!!!!!!a!t!!!!!!!!!!!!!!!r t ta ` Public Catherine Sall `arY My Commission Expir + Notary Public, State ofArkanSas ` Washington County , M Commission Ex 'res 02/27/05 1 ««ccccc«ccccc«c«cccccc«uccc 1 Fees for Printing $ Cost of Proof $ PA *15I0 9 4 Total $ . �