HomeMy WebLinkAboutOrdinance 4235 FILED
POO APR 5 API 1140 FILED FOR RECORD
FIARILYN EDWARDS ' 00 APP, 5 AN 11 36
CO. & PROBATE CLERK
WASHINGTON CO. ARK . WASHINGTON CO AR
i . NESS
ORDINANCE NO. 423S
AN ORDINANCE CONFIRMING THE ANNEXATION TO THE
CITY OF FAYETTEVILLE, ARKANSAS OF APPROXIMATELY
15 ACRES OWNED BY ARKANSAS OAKS, AS REQUESTED IN
RZA00- 1 .
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.
Scetion 2. That the above described property is hereby assigned to Ward No. 4
PASSED AND APPROVED this 2151 day of March , 2000.
APPROVED:
By: o
Fred Hanna, Mayor
ATTEST:
By: 15
Heather Woodruff, City Cler1.
2000026111
EXHIBIT "A" EXHIBIT A
Legal Description for RZA00- 1
PART OF THE WEST HALF (W I/2) OF THE SOUTHEAST QUARTER (SEI/4)
OF SECTION ONE (1 ), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-
ONE (3 1) WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A
POINT 1081 .0 FEET NORTH OF THE SOUTHWEST CORNER OF SAID 80
ACRE TRACT, AND RUNNING, THENCE NORTH 1550.0 FEET TO THE
NORTHWEST CORNER THEREOF, THENCE EAST 419.0 FEET, THENCE
SOUTH 1550.0 FEET; THENCE WEST 419.0 FEET TO THE POINT OF
BEGINNING, CONTAINING 15.00 ACRES, MORE OR LESS. SUBJECT TO
THE RIGHT OF WAY OF MT. COMFORT ROAD OVER AND ACROSS THE
NORTH SIDE THEREOF, AND ANY OTHER EASEMENTS, RIGHT OF WAYS
AND RESTRICTIONS OF RECORD, IF ANY.
rn
X
2000026112 >
it Kathleen Harheeb, Cirouit Clerk x-oficio
Recorder for Washingron County, Arkansasend, dEo hereby
certffy Mai thio InetN rant waa filed for record in my
office as Indlcatad harebn and the same Is now duly
recorded with the ackhowlodgement and certificate
thereon in Record SOok and Page as Indicated thereon.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the 8001 of eeid Court on the date Indi-
cated hereon.
Kathleen Harness
Circuit Clerkan .ExoffiGo Recorder
by
NAME OF FILE:
CROSS REFERENCE:
Date Contents of File Initials
3 -Do /;7 `
I • •
IN THE COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF:
ANNEXATION OF CERTAIN LANDS TO THE CC 99-18
CITY OF FAYETTEVILLE, ARKANSAS
ORDER OF ANNEXATION
Now on this 11th day of January, 2000, this cause comes on to be heard, the Petitioner,
Richard Doyle, Vice president of Arkansas Oaks, an Arkansas Corporation, represented by the
Counsulting firm of Engineering Design Associates, 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 sufficiently advised finds:
1 . The petition in this cause was filed December 1 , 1999, at which time this Court fixed
January 11 , 2000, at 10:00 a.m., as the date of hearing for said cause, and that a full thirty (30)
day 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 that property
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owne�,hb4 a freehold interest in the property hereinafter described joined in the petition and
ac) o
o Ensti§tto Zhe real owners of the area affected.
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� land proposed to be annexed to the City of Fayetteville, Washington County,
z — a —
okarn'a &&his cause described as follows:
See exhibit "A" attached to the Petition for Annexation
and incorporated herein by reference
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. I 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.
ti
ountY u ge
ORDINANCE NO,
AN ORDINANCE CONFIRMING THE ANNEXATION TO
THE CITY OF FAYETTEVILLE, ARKANSAS OF
APPROXIMATELY 15 ACRES OWNED BY ARKANSAS
OAKS, AS REQUESTED IN RZA00-1 .
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.
PASSED AND APPROVED this day of , 2000.
APPROVED:
By
Fred Hanna, Mayor
ATTEST:
By
Heather Woodruff, City Clerk
EXHIBIT "A"
Arkansas Oaks, RZA00- I
PART OF THE WEST HALF (W1 /2) OF THE SOUTHEAST QUARTER (SEI /4) OF
SECTION ONE (1 ), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY-ONE (31 ) WEST,
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT 1081 .0 FEET NORTH OF
THE SOUTHWEST CORNER OF SAID 80 ACRE TRACT, AND RUNNING, THENCE
NORTH 1550.0 FEET TO THE NORTHWEST CORNER THEREOF, THENCE EAST 419.0
FEET, THENCE SOUTH 1859.0 FEET; THENCE WEST 419.0 FEET TO THE POINT OF
BEGINNING, CONTAINING 15.00 ACRES, MORE OR LESS. SUBJECT TO THE RIGHT
OF WAY OF MT. COMFORT ROAD OVER AND ACROSS THE NORTH SIDE THEREOF,
AND ANY OTHER EASEMENTS, RIGHT OF WAYS AND RESTRICTIONS OF RECORD, .
IT ANY.
0 • 0
Planning Commission Minutes
February 14, 2000
Page 52
RZA00-1 : ANNEXATION
ARKANSAS OAKS, PP361 /OZAV
Conn
777Z'U
This item was submitted by Andy Feinstien of Engineering Design Associates on behalf of
Arkansas Oaks for property located east of New Bridge Drive and south of Mount Comfort
Road. The property is in the planning growth area and contains approximately 15 acres. The
request is to annex the subject property into the City of Fayetteville.
Michael Marie was present on behalf of the request.
Staff Recommendation
Staff recommend approval of the requested annexation based on the findings included as part of
staff report.
Commission Discussion
Johnson: This is a companion item with a rezoning. We will vote on these separately but
we will have discussion together. Tim, let me ask you to give us a synopsis of why the staff
believes we ought to approve this annexation.
Conklin: Staff is recommending approval. If you refer to page 11 .7 in your agenda, you
will note that several weeks ago, the Planning Commission did approve RZA99-5 and RZ99-35.
Those are on the City Council agenda tomorrow night. That is for 13.39 acres to be zoned R-1 .
This is an additional 15 acres. We're actually moving further to the east into the City. Staff is
recommending approval. There is a new middle school directly to the north that is currently
under construction and scheduled to open in the fall of 2000. This will allow additional
development to tie in with Bridgeport Subdivision which is zoned R- 1 also.
Johnson: Is the applicant present?
Marie: I am Michael Marie and I 'm with Engineering Design Associates and I am here to
answer any questions you might have on this proposal.
Johnson: Michael, spell your last name for me?
Marie: M-A-R-I-E.
Johnson: Marie. Thank you. Do you have questions of Mr. Marie or the staff?
Public Comment
Planning Commission Minutes
February 14, 2000
Page 53
None
Further Commission Discussion
Hoffman: Can we move on both actions at once?
Johnson: No. We have to deal with them separately.
MOTION
Commissioner Hoffman made a motion to approve RZA00-1 .
Commissioner Marr seconded the motion.
Johnson: We have the motion by Commissioner Hoffman and the second by Commissioner
Marr that we approve RZA00-1 . Is there discussion?
Roll Call
Upon roll call, the motion passed with a unanimous vote of 8-0-0.
Johnson: The annexation carried unanimously and of course that will go forward to the City
Council who will take final action on whether or not it is to be annexed.
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of March 7 , 2000 .
FROM :
Tim Conklin Planning Public Works
Name Division Department
s >A
ACTION REQUESTED : To approve an ordinance for RZA 00 - 1 . 00 submitted by Andy
Feinstien of Engineering Design Associates on behalf of Arkansas Oaks for f=�R
property located east of New Bridge Drive and south of Mount Comfort Road . The
property is in the planning growth area and contains approximately 15 acres . The
request is to annex 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 :
Ac t ' g M er ZD a ADA Coordinator Date
oe 4
ity Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval and Planning Commission
unanimously voted 8 - 0 - 0 to recommend and forward the rezoning to the City
Council .
Cross Reference
i;ion He d Date
Z -/ -W
De t ' rector Dat,€ _ New Item : Yee No
hiMilAt
dmi Fflbmyla'R"M�F
�rvices Date Prev Ord/Res# :
Di
Mayor Oate Orig Contract Date :
FAYETTEI I LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Planning Director
From: Heather Woodruff, City Clerk
Date: March 27, 2000
Attached is a copy of the ordinance approving annexing request RZA 00- 1 . The original will be
filed with the County, microfilmed, then filed with the City Clerk.
cc: Tony Webb, Planning
Scott Caldwell, Data Processing
Jim Johnson, 911 Coordinator
Clyde Randall, Engineering
Ed Connell, Engineering
•CeIVE'7
STATE OF ARKANSAS APR 13 2000
County of Washington } SS. ACCTG. DEPT.
ORDINANCE NO. 4235
AN ORDINANCE CONFIRM-
ING THE ANNEXATION TO
THE CITY OF FAYETTEVILLE,
ARKANSAS OF APPROXI-
MATELY 15 ACRES ZONED
BY ARKANSAS OAKS, AS RE-
QUIRES IN RZA00-1.
BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY
OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Coun.
dl hereby confirms the annexa-
tion to the City of Fayetteville.
Arkansas, of the following de-
scribed PAM:
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 March, 2000.
APPROVED:
By: Fred Hanna, Mayor
ATTEST:
By: Heather Woodruff, City
Clerk
EXHIBIT"A"
Legal Description
for RZA00.1
A PART OF THE WEST HALF
(W1/2) OF THE SOUTHEAST
QUARTER (SE1/4) OF SEC-
TION ONE (1), TOWNSHIP
SIXTEEN (16) NORTH,
RANGE THIRTY ONE (31(
WEST, WASHINGTON COUN-
TY, ARKANSAS, AND BEING
MORE PARTICULARLY DE-
SCRIBED AS FOLLOWS, TO -
WIT: BEGINNING AT A POINT
1081.0 FEET NORTH OF THE
SOUTHWEST CORNER OF
SAID 80 ACRE TRACT, AND,
RUNNING, THENCE NORTH
1550.0 FEET TO THE NORTH-
WEST CORNER THEREOF,
THENCE EAST 419.0 FEET,
THENCE SOUTH 1550.0'
FEET; THENCE WEST 419.0
FEET TO THE POINT OF BE-
GINNING CONTAINING 15.00
ACRES. MORE OR LESS.
SUBJECT TO THE RIGHT OF
WAY OF MT. COMFORT
ROAD OVER AND ACROSS
THE NORTH SIDE THEREOF,
AND ANY OTHER EASE-
MENTS, RIGHT OF WAYS
AND RESTRICTIONS OF RE-
CORD, IF ANY.
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 ceStity 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
the second insertion on the
the third insertion on the
the fourth insertion on tht
0 day of 20 SQ1
day of 20
day of 90
Sworn to and subscribed beforrme on this ' y day of
ayrypubec.Stateof ; Notary Public
ngt3fl County2/27105
ires 0 )i
My Commission ExpiV n i'^i^n Exp
ZCC((CCCCCCU(CCCCCC(CCC t
Fees for Printing.......................................................$ g/.
Cost of Proof
Total ....................
.......................... $
..........................$ �/.
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SCCNNT
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4t` lj- C 't
gRNANSPs
Sharon Priest
SECRETARY OF STATE
April 13, 2000
The Honorable Marilyn Edwards
Washington County Clerk
280 N. College, Suite 300
Fayetteville, AR 72701
Dear Ms. Edwards:
E
State of Arkansas
SECRETARY OF STATE
The Following Information has been recorded and filed in the Office of the Secretary of State:
Date: 04/13/2000 County: Washington
Annexation: `Ordinance No.'- 4235
Co. Order No. -99-18
Plat -X
Election -
Island -
Incorporation: Ordinance No. -
Co. Order No.
Plat -
Election -
Census Information -
1st Class City -
2nd Class City -
Incorporated Town -
City: Fayetteville
I have
forwarded this
information to the Arkansas Municipal League.
If you have any further questions
please
do not hesitate
to contact me at 1-800-482-1127 or 682-3451.
Sincerely,
RECEIVED
Tena Arnold
Election Services Representative APR 17 2000
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
State Capitol • Little Rock, Arkansas 72201-1094 • (501) 682-1010