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Home My WebLink AboutOrdinance 4187 FILED FOR RECORD ' 99 NOU 3 P(� 2 55 WASHINGTON CO AR K E'ARIIESS ORDINANCE NO. 4187 AN ORDINANCE CONFIRMING THE ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF APPROXIMATELY 47.98 ACRES OWNED BY JOHN DEWEESE AND MIKE SCHMIDT, AS REQUESTED IN RZA99-3. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section L. That the City Council hereby confirms the annexation to the City of Fayetteville, Arkansas, of the following described property: See Exhibit "A" attached hereto and made a part hereof. Section2. That the above-described property is hereby assigned to ward No. 4 PASSED AND APPROVED this 21 ' day ofSeptemher , 1999. APPROVER/SLI By7—� ✓/ Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Cie c arETrF` 1 ir 99099445 ' Ord . 4187 EXHIBIT "A" A PART OF THE WEST HALF (WI/2) OF THE NORTHEAST QUARTER (NE1/4) OF SECTION FIFTEEN ( 15) AND A PART OF THE SOUTHWEST QUARTER (SWI /4) OF THE SOUTHEAST QUARTER (SEI/4) OF SECTION TEN (10), ALL IN THE TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY-ONE (31) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER (NWl/4) OF THE NORTHEAST QUARTER (NEI /4)3 SAID POINT BEING AN EXISTING ARKANSAS STATE SURVEY MONUMENT; THENCE N00 ° 38'43"E ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER (SWI/4) OF THE SOUTHEAST QUARTER (SEI/4) 342.00 FEET TO A SET IRON; THENCE S89 °23'32"E 198.00 FEET TO A SET IRON; THENCE ALONG THE CENTER OF AN EXISTING HOLLOW, THE FOLLOWING BEARINGS AND DISTANCES : S26055'03 "E 114.53 FEET S58047'01 "E 69.85 FEET S40005'00"E 121 . 17 FEET S42044'34"E 112.77 FEET S18031 '55"E 32.80 FEET TO A SET IRON ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER (SWI/4) OF THE SOUTHEAST QUARTER (SEI /4); THENCE S89023'32"W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER (SWI/4) OF THE SOUTHEAST QUARTER (SEI /4) 320.01 FEET TO A SET IRON WHICH IS N89023'32"W 528.00 FEET FROM THE NORTHEAST CORNER OF THE NORTHWEST QUARTER (NWl/4) OF THE NORTHEAST QUARTER (NEI/4) OF SAID SECTION; THENCE S01 '05'51 "W 330.00 FEET TO A SET IRON; THENCE S89023'32"E 528.00 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER (NWl/4) OF THE NORTHEAST QUARTER (NEI/4) OF SAID SECTION, SAID POINT BEING IN COUNTY ROAD 927 (DOUBLE SPRINGS ROAD) AND FROM WHICH A REFERENCE IRON SET ON THE WEST RIGHT-OF-WAY OF SAID ROAD BEARS N89023'32"W 31 .40 FEET; THENCE S01 °05'51 W 996.68 FEET TO AN EXISTING SURVEYOR'S NAIL AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (NWI /4) OF THE NORTHEAST QUARTER (NEI /4) OF SAID SECTION; THENCE SOI 031 '54"W ALONG THE EAST LINE OF THE SOUTHWEST QUARTER (SWI/4) OF THE NORTHEAST QUARTER (NEI/4) OF SAID SECTION 292.54 FEET TO A POINT FROM WHICH AN EXISTING CONCRETE MONUMENT ON THE WEST RIGHT-OF-WAY OF SAID ROAD BEARS N89015'59"W 30.80 FEET; THENCE LEAVING SAID ROAD, N89 ° 15'59"W ALONG THE NORTH LINE OF DOUBLE SPRINGS ESTATES, A SUBDIVISION OF WASHINGTON COUNTY, ARKANSAS AS FILED IN SURVEY BOOK 11 , AT PAGE 44, IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, 1327. 19 FEET TO A SET IRON ON THE WEST LINE OF THE SOUTHWEST QUARTER (SWI/4) OF THE NORTHEAST QUARTER (NEI /4) OF SAID SECTION; THENCE NOl ° 12'11 "E ALONG THE WEST LINE OF THE SAID WEST HALF (WI/2) OF THE NORTHEAST QUARTER (NEI/4) 1616.31 FEET TO THE POINT OF BEGINNING, CONTAINING 47.98 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 47.98 ACRE TRACT BEING SUBJECT TO THE RIGHT-OF-WAY OF COUNTY ROAD #27 (DOUBLE SPRINGS ROAD) ALONG THE EASTERNMOST BOUNDARY. 99099446 I1 KetNleae H®rdeae; Clfcult 6loftt ehtl gil=amafa F"!II ql®1416 inv ume to aB�' AFffdR�as, de fiefe office ae mdipated hrreor, a„d tfi a®d far reFar4 la my By recorded wdh Ifie e.'k rfs4 h Pgrne is now dyly moragn in Pecgrg gPpe am Pg 4 aagd P fa ment egna IN WITN(;SS W11FfgsF I have horeuRfo get my hand and affix ad the 6641 of Old 66ZI" on the date indi• catad hereon. Ksihl n Hema88 ,Ir" and F6.Fl(f!p`i� geCgrder STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of September 21 , 1999 . FROM : Tim Conklin Planning Public Works Name Division Department ACTION REQUESTED : To approve an ordinance for RZA99- 3 submitted by Michele Harrington , attorney on behalf of John DeWeese and Mike Schmidt for property located west of Double Springs Road . The property is in the planning growth area and contains approximately 97 . 98 acres . The request is to annex the subject property into the City of Fayetteville . COST TO CITY : Cost of this request Category/ Project Budget Category/ Project Name Account Number Funds used to date Program Name Project Number Remaining balance Fund BUDGET REVIEW : Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : Acc nti 9 agerspate „9 ADA Coordinator Date + hJ Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and the Planning Commission approved the request with a unanimous vote of 9- 0 -0 . Cross Reference D ' sion He Date ar t iLSicEes Lte New Item : Yes No in ' tra LDate Prev Ord/Res# : Dire y May r Date Orig Contract Date : FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113W. Mountain St. Fayetteville, AR 72701 Telephone: (501 ) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner FROM: Brent Vinson, Associate Planner DATE: August 23, 1999 RZA 99-3.00: Annexation (DeWeese/Schmidt, pp 474) was submitted by Michele Harrington, attorney on behalf of John DeWeese and Mike Schmidt for property located west of Double Springs Road. The property is in the planning growth area and contains approximately 47.98 acres. The request is to annex the subject property into the City of Fayetteville. RECOMMENDED MOTION: Staff recommends approval of the requested annexation based on the findings included as part of this report. PLANNING COMMISSION ACTION: YES Required Approved Denied Date: August 23. 1999 Comments: CITY COUNCIL ACTION: YES Required Approved Denied Date: Planning Commission Meeting August 13, 1999 RZA 99-3 DeWeese/Schmidt Page 17. 1 BACKGROUND : The applicant requests the annexation of property along Double Springs Road to the south and west of Fayetteville City Limits in order to rezone the property to R- 1 (Single Family Residential.) The property is owned by John DeWeese, Mike Schmidt, and Karen Schmidt. On August 9, 1999, the Washington County Judge confirmed the Order of Annexation for the property to be annexed into the City of Fayetteville. The property is located west of Fayetteville and south on Double Springs Road between Fayetteville and Farmington. Approximately 200 feet of the subject property adjoins the Fayetteville City Lin-fits. The property is approximately 1000 feet north of the Farmington City Limits. ADJACENT LAND USE AND ZONING: North: Owl Creek, undeveloped property, and single family residences exist to the north. South: A subdivision of single family residences exist outside the Fayetteville City Limits and Farmington City Limits to the south. East: Single family residences exist outside the city limits. West: Single family and undeveloped land exist outside the city limits. INFRASTRUCTURE: Streets: Double Springs Road is a minor arterial with 90' of R.O.W. (45' from centerline) Water: There is a 4" waterline along the west side of Double Springs Road. Sewer: There is a 10" force main existing along Owl Creek northeast of the property. It ends at a lift station located approximately 1250' north of the property. LAND USE PLAN: The General Plan 2020 shows this area as Residential. Planning Commission Meeting August 13, 1999 RZA 99-3 DeWeese/Schmidt Page 17.2 • gg RUG I.; ARILYN Eo•�� Af:es IN THE COUNTY COURT OF WASH INGTOI WQVN)5 W1Rk S � A� HINGTON CO . IN THE MATTER OF: ANNEXATION OF CERTAIN LANDS TO THE CITY OF FAYETTEVILLE, ARKANSAS Case No. CC 99-8 ORDER OF ANNEXATION Now on thisay of 1999, this cause comes on to be heard, the Petitioners, John DeWeese, Mike Schmidt and Karen Schmidt, represented by their attorney, Michele A. Harrington, of Harrington, Miller, Neihouse & Krug, P.A., of Springdale, Arkansas, announcing ready for a hearing of the cause and there being no protests or objections filed, whereupon, the matter is submitted to the Court upon the verified petition filed herein, and the oral and documentary evidence adduced, the Court being well and sufficiently advised finds: 1 . The petition in this cause was filed July 6, 1999, at which time this Court fixed August 9, 1999, at 9:00 a.m., as the date of hearing for said cause, and that a full thirty (30) days notice of hearing was given as required by law and the proof of publication of said notice is now on file with the Clerk of this Court and- the Court has jurisdiction of this cause. 2. The Court is satisfied that the allegations of the petition are sustained by the proof; that the limits of the territory to be annexed have been properly filed; that a majority of the property owners having a freehold interest in the property hereinafter described joined in the petition and constitute of the real owners of the area affected. Planning Commission Meeting August.23, 1999 RZA 99-3 DeWeeselSchmidt Page 17.3 3 . The land proposed to be annexed to the City of Fayetteville, Washington County, Arkansas, in this cause is described as follows: See Exhibit "A" attached 4 . The area is not unusually large and it is contiguous and adjacent to and adjoins the present corporate limits of the City of Fayetteville, and it is peculiarly adapted for urban purposes and this territory should be annexed to and made a part of the City of Fayetteville, Arkansas. IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that the aforesaid real estate situated in Washington County, Arkansas, is hereby annexed to and made a part of the City of Fayetteville, Arkansas, in accordance with Ad No. 1 of the acts of the Legislature of 1875 of the State of Arkansas and all acts amendatory thereto, particularly including Act 142 of the Ads of Arkansas for the year 1963, as codified in Ark. Code Ann. § 1440-601 , et seq., and this Order shall be duly recorded by the Clerk of Washington County. JER Y HU1 TO , County Judge Planning Commission Meeting August 23, 1999 RZA 99-3 DeWeese/Schmidt Page 17. 4 RZA99- 3 . 00 - Deweese/Schmidt - Close Up III ' w,6R 1 4 City LimitsWS II RZA99-3.00 47.98 Acres : Z - a CO LU J m : O : W DOT TIPTON - •e . W - a N 400 0 400 Feet E Planning Commission Meeting August 23, 1999 RZA 99-3 DeWeese/Schmidt W* S Page 17. 5 RZA99- 3 . 00 - Deweese/Schmidt some One Mile Diamete J a" 1 1 JEANFAY 1 �' MIND — gone _ A-1 x STATE HIGHWAY 76 n A-1 i A-1 R A•1 .5 A-1 C-2 MICHAEL COLE I R-0 g A-1 a ; R-1 m M1 r al 5{ I A-1 W 52 ;1 W 1 PERSIMMON Fayetteville City Limfts I goof 6110 611, M a MIND off, OOT TIPTON 1 - 1 - 1 'v? BOGAN L lop off, off, _ern*V10n Cityn= off, 610, _ z rn FaysueMb C vAdl Mea S . . . . . . to BROYLES I 1 foo' foo' goo' goo' fol" 111, song off, goo, off. 1 1 1 1 1 1 1 . 1 1 1 a L 6110 1400 0 1400 Feet N 15 E Planning Commission Meeting August 23, 1999 RZ 99-3.00 Zamberlettii S Page 17. 7 Minutes of Planning Commission Meeting August 23, 1999 Page 37 RZA99-3: ANNEXATION DEWESSE/SCHMIDT, PP474 This item was submitted by Michele Harrington, attorney on behalf of John DeWeese and Mike Schmidt for property located west of Double Springs Road. The property is in the planning growth area and contains approximately 47.98 acres. The request is to annex the subject property into the City of Fayetteville. Michele Harrington was present on behalf of the request. Staff recommended approval of the request annexation based on the findings included in the staff report. Commission Discussion Conklin: The applicant originally came to the City with a subdivision in our growth area. At that time, staff checked our regulations and determined that being adjacent to our city limits, we required them to put in curb and gutter, storm drainage, and more urban type infrastructure than would be required for a subdivision that does not adjoin our city limits. Based on that, when they came through the technical plat review process, they withdrew their subdivision request and petitioned to annex into the City of Fayetteville. Once again, if annexed into the City of Fayetteville, they come under more stringent subdivision regulations which will require fire protection, street lights, park land dedication or money in lieu and staff has recommended approval. It does have approximately 200 feet of common boundary with our city limits and is located on Double Springs Road. Johnson: Where does it touch the city limits? To the east on Double Springs? Conklin: It's going to be touching our city limits if you refer to page 18.6, it will be right in the center of the tract. Johnson: You mean 17.6 or 18.6? Conklin: 17.6. The city limit line is the thicker dotted line right in the center part of the north boundary. Johnson: So, it only touches a small portion. Conklin: Once again, our staff encouraged them to annex into the City of Fayetteville in order to develop their subdivision under urban subdivision standards. Minutes of Planning Commission Meeting August 23 , 1999 Page 38 Johnson: Do you see any draw backs from the staff s point of view to this annexation? Conklin: I think it benefits the city and the citizens anytime we have a development that adjoins our city limits, for them to come in and provide water, sewer, fire protection, police protection, and become part of our city. Johnson: Do you have anything to add, Ms. Harrington? Harrington: I'm representing John DeWeese and Mike Schmidt. I don't think I have anything further to add because Tim explained it very well. We ask you to support this annexation. Public Comment None. MOTION Ward: I' ll make a motion that we approve RZA99-3 for annexation. Johnson: Is there a second? Bunch: Second. Johnson: We have the motion by Commissioner Ward, the second by Commissioner Bunch that we approve RZA99-3 . Roll Call Upon roll call, the motion passed with a unanimous vote of 9-0-0. Johnson: The proposed annexation does get a positive vote of 9 to 0 and it will go forward to the Council for its action. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Janet Johns, Planning From: Heather Woodruff, City Clerk Date: October 12, 1999 Attached is a copy of the ordinance confirming the annexation of property as requested in RZA 99-3 for your records. The original will be recorded at the County, then microfilmed and filed with the City Clerk. cc. Scott Caldwell, Data Processing Ed Connell, Engineering Tony Webb, Planning Clyde Randall, Engineering i-im ' oDkAccn qil PAJ-A, PrVMSs�.ae 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 99-8 PETITION FOR CONFIRMATION OF ANNEXATION Comes now, John DeWeese, Mike Schmidt and Karen Schmidt, Petitioners, and for their Petition for Confirmation of Annexation states as follows: 1. There was entered in this cause an Order which annexed real estate described on Exhibit "A" hereof, to the City of Fayetteville, Arkansas: 2. Said Order was duly entered on the County Records of Washington County, Arkansas on August 9, 1999. 3. No objections have been given to the authorities of the City of Fayetteville, nor to the agents of the Petitioners, nor have any exceptionsito 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. 4187, an Ordinance Accepting and Annexing Certain Territory to the City of Fayetteville, Arkansas, said Ordinance being passed and approved on the 21" day of September, 1999, a true and correct copy of said Ordinance is attached hereto as Exhibit "B" and incorporated herein by reference. WHEREFORE, the Petitioners pray 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 l t... I. Page• 1 . of the County Court, in its Order of August 9, 1999, be in all things approved and confirmed. JOHN DEWEESE, MIKE SCHMIDT and KAREN SCHMIDT, Petitioners HARRINGTON, MILLER, NEIHOUSE & KRUG A Professional Association 113 East Emma Avenue Post Office Box 687 Springdale, Arkansas 72765 (501) 751-6464 Attorneys for Petitioners By: Michele A. Harrington Arkansas Bar No. 85217 VERIFICATION STATE OF ARKANSAS ss. COUNTY OF WASHINGTON) We, John DeWeese, Mike Schmidt and Karen Schmidt, hereby state under oath that we 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 our knowledge and belief. Mike Schmidt Karen Schmidt SUBSCRIBED AND SWORN to before me, a Notary Public, this 1 day of October, 1999. My Commission Expires: Notary Public Notary Public VERONICA G. McGLUMPHY Washington County Page 2 Notary Public - Arkansas My Commission Expires May 4, 2008 CERTIFICATE 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 U day of October, 1999. Michele A. Harrington FILED gg RUG S OS DWAROS IN THE COUNTY COURT OF WASHINCti At VV6 RAANSAS pSHIN6TON Co. ANNEXATION OF CERTAIN LANDS TO THE CITY OF FAYETTEVILLE, ARKANSAS IN THE MATTER '_FU ORDER OF ANNEXATION Case No. CC 99-8 Now on this lday of , 1999, this cause comes on to be heard, the Petitioners, John DeWeese, Mike Schmidt and Karen Schmidt, represented by their attorney, Michele A. Harrington, of Harrington, Miller, Neihouse & Krug, P.A., of Springdale, Arkansas, announcing ready for a hearing of the cause and there being no protests or objections filed, whereupon, the matter is submitted to the Court upon the verified petition filed herein, and the oral and documentary evidence adduced, the Court being well and sufficiently advised finds: The petition in this cause was filed July 6, 1999, at which time this Court fixed August 9, 1999, at 9:00 a.m., as the date of hearing for said cause, and that a full thirty (30) days notice of hearing was given as required by law and the proof of publication of said notice is now on file with the Clerk of this Court and•the Court has jurisdiction of this cause. 2. The Court is satisfied that the allegations of the petition are sustained by the proof; that the limits of the territory to be annexed have been properly filed; that a majority of the property owners having a freehold interest in the property hereinafter described joined in the petition and constitute of the real owners of the area affected. Exhibit "A" 3. The land proposed to be annexed to the City of Fayetteville, Washington County, Arkansas, in this cause is described as follows: See Exhibit "A" attached 4. The area is not unusually large and it is contiguous and adjacent to and adjoins the present corporate limits of the City of Fayetteville, and it is peculiarly adapted for urban purposes and this territory should be annexed to and made a part of the City of Fayetteville, Arkansas. IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that the aforesaid real estate situated in Washington County, Arkansas, is hereby annexed to and made a part of the City of Fayetteville, Arkansas, in accordance with Act No. 1 of the acts of the Legislature of 1875 of the State of Arkansas and all acts amendatory thereto, particularly including Act 142 of the Acts of Arkansas for the year 1963, as codified in Ark. Code Ann. §14-40-601, et seq., and this Order shall be duly recorded by the Clerk of Washington County. ER Y HU TON, County Judge 10/12/99 14:50 V1 501 575 8257 City of Faye ORDINANCE NO. 4187 AN ORDINANCE CONFIRMING THE ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF APPROXIMATELY 47.98 ACRES OWNED BY JOHN DEWEESE AND MIKE SCHMIDT, AS REQUESTED IN RZA99-3. BE IT ORDAINED 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 the following described property: See Exhibit "A" attached hereto and made a part hereof. Section 2. That the above -described property is hereby assigned to ward No. _ 4 PASSED AND APPROVED this 21"_ day of September _ 1999. ATTEST: By:. APPROVE By: red Hanna, Mayor Woodruff, City Post -It • Fax Note 7671 Date I w$aa� 9 ro f17rI r,on, E'�/ 7Rele. G1. codOept co. Phone o Phono # Fax# 73r/— Far # Exhibit "B" 10/12/99 14:50 $1 501 575 8257 City of Faye la 002 Ord. 4187 EXHIBIT "A„ A PART OF THE WEST HALF (W1/2) OF THE NORTHEAST QUARTER (NEI/4) OF SECTION FIFTEEN (15) AND A PART OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION TEN (10), ALL IN THE TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NEI /4), SAID POINT BEING AN EXISTING ARKANSAS STATE SURVEY MONUMENT; THENCE N00°38'43"E ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SEI/4) 342.00 FEET TO A SET IRON; THENCE S89°23'32"E 198.00 FEET TO A SET IRON; THENCE ALONG THE CENTER OF AN EXISTING HOLLOW, THE FOLLOWING BEARINGS AND DISTANCES: S26°55'03"E 114.53 FEET S58°47'01"E 69.85 FEET S40°05'00"E 121.17 FEET S42°44'34"E 112.77 FEET S18°31'55"E 32.80 FEET TO A SET IRON ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER (SW I/4) OF THE SOUTHEAST QUARTER (SEI/4); THENCE S89°23'32"W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER (SWI/4) OF THE SOUTHEAST QUARTER (SEI/4) 320.01 FEET TO A SET IRON WHICH IS N89°23'32"W 528.00 FEET FROM THE NORTHEAST CORNER OF THE NORTHWEST QUARTER (NW1/4) OF THE NORTHEAST QUARTER (NEI/4) OF SAID SECTION; THENCE S0l °05'51"W 330.00 FEET TO A SET IRON; THENCE S89°23'32"E 528.00 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER (NW1/4) OF THE NORTHEAST QUARTER (NE1/4) OF SAID SECTION, SAID POINT BEING IN COUNTY ROAD #27 (DOUBLE SPRINGS ROAD) AND FROM WHICH A REFERENCE IRON SET ON THE WEST RIGHT-OF-WAY OF SAID ROAD BEARS N89°23'32"W 31.40 FEET; THENCE S01°05'51W 996.68 FEET TO AN EXISTING SURVEYOR'S NAIL AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (NWI/4) OF THE NORTHEAST QUARTER (NEI/4) OF SAID SECTION; THENCE S01 °31'54"W ALONG THE EAST LINE OF THE SOUTHWEST QUARTER (S W 1/4) OF THE NORTHEAST QUARTER (NE1/4) OF SAID SECTION 292.54 FEET TO A POINT FROM WHICH AN EXISTING CONCRETE MONUMENT ON THE WEST RIGHT-OF-WAY OF SAID ROAD BEARS N89°15'59"W 30.80 FEET; THENCE LEAVING SAID ROAD, N89°15'59"W ALONG THE NORTH LINE OF DOUBLE SPRINGS ESTATES, A SUBDIVISION OF WASHINGTON COUNTY, ARKANSAS AS FILED IN SURVEY BOOK 11, AT PAGE 44, IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, 1327.19 FEET TO A SET IRON ON THE WEST LINE OF THE SOUTHWEST QUARTER (SWI/4) OF THE NORTHEAST QUARTER (NE1/4) OF SAID SECTION; THENCE N0I °12'1I"E ALONG THE WEST LINE OF THE SAID WEST HALF (Wl/2) OF THE NORTHEAST QUARTER (NEI/4) 1616.31 FEET TO THE POINT OF BEGINNING, CONTAINING 47.98 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 47.98 ACRE TRACT BEING SUBJECT TO THE RIGHT-OF-WAY OF COUNTY ROAD #27 (DOUBLE SPRINGS ROAD) ALONG THE EASTERNMOST BOUNDARY. ^' i RECEIVED STATE OF'ARKANSAS DEC 28 1999 County of Washington ss. ACCTG, DEPT ORDINANCE NO. 4187 AN ORDINANCE CONFIRM- ING THE ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS; OF APPROXI- MATELY 47.98 ACRES OWNED BY JOHN:DEWEESE AND MIKE 'SCHMID' ASRE- QUESTED IN RZA99-3: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKAN- SAS: - Section 1 That the City Council hereby confirms the annexation to the City of Fayetteville, Ar- kansas, of the following descri- bed propeity: See Exhibit "A' attached hereto and made a part hereof. Section 2. That the above de- scribed property is hereby as- signed to ward No. 4. PASSED AND APPROVED this 21st day of September, 1999. APPROVED: By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerk I, JEFF JEFFUS, hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers thereto have paid for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months and. that the said newspaper publishes an average of more than forty percent news matter. I further certify that the legal notice attached in the matter of was published in the regular daily issue of said newspaper for consecutive insertions as follows: The first insertion on the day of 19 the second insertion on the the third insertion on the the fourth insertion on the Sworn to and subscribed before me on this My Commission Expires: Fees for Printing ............. Cost of Proof... Total ............ day of 19 — day of 19 — day of19— er/General Manager day of ---�-19 Notary Public 11 r.,11 State of : \1l otltl, .il Cf Q�4/ ! $ $ ......................... $