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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 .