HomeMy WebLinkAboutOrdinance 4040 FILED FILED FOR REGOR6
097 JUL 3 Aft 5 30 . a7 JUL 3 An 9 23
MARILYI: Ei:4 „ i:. " DS 'WASHING. ; ON GO AR
CO. & PROBATE CLERK K • IIAnNESS
WASHINGTON CO. ARK . ORDINANCE NO. 4040 i
AN ORDINANCE CONFIRMING THE ANNEXATION TO
THE CITY OF FAYETTEVILLE, ARKANSAS, OF THAT
PROPERTY IN PETITION RZA 97-7 REQUESTED BY
MICHELE HARRINGTON ON BEHALF OF PACESETTER
PROPERTIES CONTAINING APPROXIMATELY 39.95 ACRES
AND LOCATED NORTH OF MT. COMFORT RD. AND WEST
OF SALEM RD .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Sectiol. 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.
Section2. The official map of the City of Fayetteville, Arkansas , is hereby amended
to reflect the change provided in Section 1 above.
Sectio3. That the above-described property is hereby assigned to Ward No . 4
PASSED AND APPROVED this / 7A day ofJ4m 1997 .
�
`/ APPROVED :
h By :
red Hanna, Mayor
BTTO" t;0 • nw�
Y
Traci Paul, City Clerk
11'7 ! 44129
EXHIBIT A
LEGAL DESCRIPTION FOR RZA 97-7.00
The Southwest quarter of the Northwest quarter of section 32, T- 17-N, R-30-W, described as
commencing at the northwest comer of said section 32, and thence South 87 degrees 40
minutes 40 seconds East 1305 .46 feet to the Northeast corner of the Northwest quarter of the
Northwest quarter of said section 32, and thence South 02 degrees 21 minutes 10 seconds West
1320.22 feet to the point of beginning, said point being a railroad spike at the Northeast corner
of said Southwest quarter of the Northwest quarter; thence South 02 degrees 21 minutes 10
seconds West 1319 .37 feet to a railroad spike at the Southeast corner of said 40 acre tract;
thence North 87 degrees 22 minutes 59 seconds West 1326.44 feet to a stone at the west
quarter of said section 32; thence North 02 degrees 47 minutes 05 seconds East 1314.24 feet
to an existing iron pin at the Northwest corner of said 40 acre tract; thence South 87 degrees
36 minutes 22 seconds East 1316 .52 feet to the point of beginning, containing 39. 95 acres ,
more of less, Washington County, Arkansas . Subject to all easements of record, an Salem
Road Right-of-way off the entire east boundary .
97044ITZ0
I, Kathleen Hamess. Cin:uit Clerk and Ex-0111Cio
Recorder for Washinptcm Czunty, Arkansaal do hereby
oerMy that this Instrument was filed for record In mY
office asrdedIndicwfthated hereon and the same isthe ec*nOvj.adgej�jjnt and raw duly
perfiftate
thereon in Record Book end Pepe as indicated thereon
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the seal of said Court on the date Indi-
cated hereon.
Kathie. Harress
Circuit Izrk nil ExoHicio Recorder
by
voyo
MICR®FIL ?:J
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 97-8
PETITION FOR CONFIRMATION OF ANNEXATION
Come now, Dana Samples and Donna M. Samples, husband and wife, and Phillip
Thompson and Glenda J . Thompson, husband and wife, Petitioners, and for their Petition for
Confirmation of Annexation state as follows:
1 . There was entered in this cause an Order which annexed the following
described real estate to the City of Fayetteville, Arkansas:
THE SW %4 OF THE NW Y4 OF SECTION 32, T-17-N , R-30-W, DESCRIBED AS
COMMENCING AT THE NORTHWEST CORNER (NWC) OF SAID SECTION
320 AND THENCE S 87-40110 E 1305 .46 FEET TO THE NORTHEAST
CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 32, AND THENCE S 02-21 -10 W 1320.22 FEET
TO THE POINT OF BEGINNING, SAID POINT BEING A RAILROAD SPIKE
AT THE NORTHEAST CORNER OF SAID SW %4 OF THE NW %4 ; THENCE S
02-21 -10 W 1319. 37 FEET TO A RAILROAD SPIKE AT THE SOUTHEAST
CORNER OF SAID 40-ACRE TRACT; THENCE N 87-22-59 W 1326.44 FEET
TO A STONE AT THE WEST QUARTER CORNER (W '/4 ) OF SAID SECTION
32; THENCE N 02-47-05 E 1314.24 FEET TO AN EXISTING IRON PIN AT
THE NORTHWEST CORNER OF SAID 40-ACRE TRACT; THENCE S 87-36-22
E 1316. 52 FEET TO THE POINT OF BEGINNING, CONTAINING 39.95
ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. SUBJECT
TO ALL EASEMENTS OF RECORD, AND SALEM ROAD RIGHT-OF-WAY
OFF THE ENTIRE EAST BOUNDARY.
2. Said Order was duly entered on the County Records of Washington County,
Arkansas in Book
3 . No objections have been given to the authorities of the City of Fayetteville, nor
to the Petitioners, nor have any exceptions to the said Order been filed with the County Clerk
of Washington County, Arkansas.
1
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. 4040, an Ordinance Accepting and Annexing Certain Territory to the City of
Fayetteville, Arkansas, said Ordinance being passed and approved on the 17" day of June,
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.
DANA SAMPLES AND DONNA M. SAMPLES,
and PHILLIP THOMPSON AND GLENDA
J . THOMPSON, Petitioner
HARRINGTON, MILLER & NEIHOUSE
A Professional Association
113 East Emma Avenue
Post Office Box 687
Springdale, Arkansas 72765
( 1 ) 51 -64
By: 'hV1
StepKen J . iII&
Arkansas ar No. 91160
Attorneys for Petitioner
2
VERIFICATION
STATE OF ARKANSAS )
ss.
COUNTY OF WASHINGTON )
We, Dana Samples and Donna M. Samples, husband and wife, and Phillip Thompson
and Glenda J . Thompson, husband and wife, here y_ state under oath that we have read the
above and foregoing Petition for Confirmation of Annextion, and that the facts and
allegations contained therein are true and correct to hr? best o aur and
and belief.
Dana Samp es
Do nn a M. Samples
tf�� ,140o.
Phillip Tho pson
lw 4 J1 9n ,2A'C2
Glenda J . Thom on
SUBSCRIBED AND SWORN to before me, a Notary Public, this 5i,a day of
1997.
My Commission Expires: Notary Public O M lolly J. Keen, Notary Public
Washington County, Arkansas
CERTIFICATE OF SERVICE My Commission Expires 12/28/2002
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. Mail ostage prepaid, addressed to her mailing
address in Fayetteville, Arkansas, this the o ay of e�t^ lse t, 199
tep en J . M' er
3
ORDINANCE NO. 4M p�] L, Y,
AN ORDINANCE CONFIRM- R ` �/ it Y YJ
ING THE ANNEXATION TO STATE OF ARKANSAS
THE CITY OF F THAT PROP- JUL 4 �� 97
ARKANSAS, OF THAT PROP- . SS 0
ERN IN PETITION RXA 97-7
REQUESTED BY MICHELE County of Washington 1���n �� DEPT,-
HARRINGTON ON BEHALF '
OF PACESETTER PROPER- I
TIES CONTAINING APPROXI- 1
NO
LOCATED NORTH OF MT. news I, RANDALL COPE, hereby certify that I am the publisher of THE
MATELY ACRES AND NORTHWEST ARKANSAS TIMES, a dailynewspaper havinga second
. P Pe
COMFORT RD. AND WEST class mailing privilege, and being not less than four pages of five
OF SALEM RD. columns each, published at a fixed place of business and at fixed (daily)
BE IT ORDAINED BY THEI intervals continuously in the City of Fayetteville, County of Washington,
CITY OF FAYETTEVILLE, AR- : Arkansas for more than a period of twelve months, circulated and
KANSAS.
Section 1 That the City Council P distributed from an established lace of business to subscribers and
hereby confirms the annexation readers generally of all classes in the City and County for a definite price
of the city of Fayetteville, Ar for each copy, or a fixed price per annum, which price was fixed at what
enses, of that property dhere- considered e value oP aseupon bed in Exhibit A attached hereis idd thf the publication, based n the news value
to and made a part hereof. and service value it contains, that at least fifty percent of the subscribers
Section 2 The official map of thereto have paid for their subscriptions to the newspaper or its agents
the City of Fayetteville. Arkan. or through recognized news dealers over a period of at least six months
sas, is hereby amended to re- and that the said newspaper publishes an average of more than forty
fiction 1 change provided in percent news matter.
Section 3. That the above-de-
scribed is hereby assigned to
Wam No. 4, 1 further certify that the legal notice attached in
the matter of
PASSED AND APPROVED GComaLy f� 19 IVO . 1h/a f0
This 17th day of June, 1997.
APPROVED BY FRED HAN- was published in the regular daily issue o1 said newspaper for /
NA, MAJOR P as
Y
- consecutive insertions as follows:
ATTEST BY: TRACI PAUL,
CITY CLERK The first insertion on the day of 19
EXHIBITA
LEGAL DESCRIPTION FOR the second Insertion] on the da of 19
RZA 97-7.00 y
The Southwest quarter of the
Northwest quarter of section the third insertion on the day of 19
32, T-17-N, R-30-W, described --
W commencing at the north-
west comer of said section 32, and the fourth insertion on the day of 9
and theme south 87 degrees
40 minutes 40 seconds East
1305.46 feet to the Northeast
comer of the Northwest quarter
of the Northwest quarter of said
section 32, and thence South Publisher / Gen al Manager
02 degrees 21 minutes 10 sec-
onds West 1320.22 feet to the
pointol beginning, said point
being arailroad spike atthe Sworn to and subscribed before me on this day of
'.Northeast comer of said South-
west quarter of the Northwest 19
quarter, theme South 02 de- bbb
grass 21 minutes 10 seconds
West 1319.37 feet to a railroad
spike at the Southeast comer of
said 40 acre tract thence North
87 degrees 22 minutes 59 sec- .,
ontls West 1326.44 feet to a � 7, Catherine Sall ,< Notary Public
stone a4 the west quarter of My Commission Expires' NotPublic. Stare of Arkanc.Lc
mid section 32; theme North Notary Public.
1`
02 degrees 47 minutes 05 sec- t
ontls East 1314,24 feet to an - , My Commission Expires 0MIA35 'S
existing Iran pin at the North-
$ U
baa: theme South 87 degrees
west comer of said 40 acre Fees for Printing ...... ... ..... ......... ........ ..... .... ......
36 minutes 22 seconds East -
1316.52 feet to the point of be- Cost Of Proof. ... ........... ..... ... .... .... .... ..... ........ .....$
ginning, containing 39.95 acres,
more or less, Washington
County, Arkansas. Subject to Total... ... ... ........ ... ... ........... ....... ... .. ... ..... ... .........$
all easements of record, on
Salem Road Right-of-way off
the entire awl boundary. 5 / 09y
' 09y .