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Home My WebLink AboutOrdinance 4261 FILED FOR RECORD _ 000 PUG 3 PM 2 47 ORDINANCE NO. 4261 WASHINGTON CO AR AN ORDINANCE ANNEXING THAT PROPERTY DESCIt1HED' N E S S .J IN ANNEXATION PETITION RZA00-2 FOR A PARCEL CONTAINING APPROXIMATELY 18.59 ACRES LOCATED ON STARR DRIVE REQUESTED BY CANDY BURTON OF PHILLIPS LAW FIRM ON BEHALF OF .ST. JOSEPH'S CATHOLIC CHURCH. 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. 1 Section 3 . That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect that the zoning of the property described above shall be A- 1 , Agricultural. .PASSED AND APPROVED this 18i ' day of July , 2000. FPrEl � APPROVED: • 7 � I, I By: X4 10 ` ed Hanna, Mayor r , ATTES By: Heather Woodruff, City C erk 2000064426 • ord 4261 EXHIBIT A EXHIBIT "A" EXw- LEGAL DESCRIPTION FOR RZA 00-2 t E&q A part of the Southwest Quarter (SW '/<) of the Southeast Quarter (SE 1/4) of Section One, Township Sixteen North, Range Thirty West, Washington County, Arkansas, being more particularly described as follows: Starting at the Northeast corner of the Southwest Quarter of the Southeast Quarter of said Section One, thence South 0010'40" East 884.25 feet to the point of beginning; thence continuing South 0° 10'40" East 613.54 feet; thence South 89°43'06" West 1 ,323 .61 feet; thence North 0°0'0" East 610.34 feet; thence North 89°35'33" East 1 ,321 .72 feet to the point of beginning and containing 18.59 acres, more or less. M X M Mai 2000064427 I, Kathleen mammas, Circuit Clerk and Ex-officio Recorder for Washington County, Arkansas, do hereby certify that this Instrument was filed for record In my office as Indicated hereon and the some is now duly recorded with the acknovdodgement and certificate thereon In Record Book and Pago as Indicated thereon. WITNESS WHEREr, I have sot m hand find affixed the $0511 Of Seid COurt enreunto the date ndi- cated hereon. Kathleen Names circuit Clerk and E officio ReC5,60F bv�_� M � NAME OF FILE: CROSS REFERENCE: Date Contents of File Initials r .c A - . - niv i S-DO IVII 6 7 �i 0016 ell, -�- PHILLIPS LAW FIRM DONNA PHILLIPS 25 EAST ROCK Phone: (501 ) 571 - 1000 Licensed in Arks s, Missouri & Oklahoma POST OFFICE Box 4444 Fax: (501 ) 527-6568 CANDY R. BURTON FAYETTEVILLE, AR 72702 Email: phillipslaw@lynks. com Licenm in Arkansas& Florida October 4, 2000 City Clerk City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: Annexation of St. Joseph's Church RZA 00-2.00 Annexation approved: July 18, 2000 Dear Clerk: Enclosed for your records is a copy of the Motion to Correct Order Nunc Pro Tunc and the Order Nunc Pro Tunc in the County Court case regarding the above-referenced matter. The legal description on the original deed was incorrect. If you need any further documents, please contact me at the number above. Sincerely, '--G Candy R B n CRB/amj Enclosure cc: Mr. Paul Warren FILED ' OACT 4 RM 10 55 IN THE COUNTY COURT OF WASHINGTON COUNTYJA"� WARDS CO. & PROBATE CLERK IN THE MATTER OF: WASHINGTON CO. ARK , ANNEXATION OF LANDS TO THE CASE NO. CC 2000- 10 CITY OF FAYETTEVILLE, ARKANSAS J. PETER SARTAIN, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF LITTLE ROCK PETITIONER ORDER NUNC� PR/O�TUNC /n� COMES NOW on this day of (XC�Q� 2000, the Motion to Correct Judgment Nunc Pro Tunc of Petitioner. From the evidence presented and a review of the complete case file, the Court finds: 1 . The Order for Annexation entered in the above-entitled cause, through inadvertence and clerical error, did not contain the correct legal description of the property to be annexed. 2. That a Correction Deed has been filed September 25, 2000, at public document no. 2000-80629. 3 . That the correct legal description is attached to this Order as Exhibit "A". IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Order for Annexation entered herein on May 23, 2000, be, and the same hereby is, corrected to conform to the actual judgment intended, announced, and rendered by the court striking therefrom the legal description contained in Exhibit "A" to that Order and substituting the legal description contained in Exhibit "A" to this Order. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this Order correcting the record of the judgment be entered nunc pro tune as of May 23 , 2000, that being the date when the Order of Annexation was originally made and entered. IT IS SO ORDERED. Coun y udge EXHIBIT "A" A part of the Southwest Quarter (SW'/4) of the Southeast Quarter (SE'/4) of Section One ( 1 ), Township Sixteen ( 16) North, Range Thirty (3 0) West, Washington County, Arkansas, being more particularly described as follows: Beginning at the Southwest comer of the Southwest Quarter (SW'/4) of the Southeast Quarter (SE'/4) of said Section One; thence along the West he of the SW'/4 of the SE'/4 of said Section One North 0°00'00" West 610.72 feet to a point; thence North 89°35'33 " East 1321 .72 feet to the East line of the SW'/4 of the SE'/4 of said Section One; thence with said East line South 00°10'40" East 613.54 feet to the Southeast corner of the SW'/4 of the SE'/4 of said Section One; thence along the South line of the SW'/4 of the SE'/4 of said Section One South 89°43'06" West 1323 . 61 feet to the Point of Beginning, containing 18. 59 acres, more or less. FILED Doo OCT �� y os IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKAN A NIARILYN EDWARDS CO. & PROBATE CLERK IN THE MATTER OF: WASHINGTON CO. ARK . ANNEXATION OF LANDS TO THE CASE NO. CC 2000- 10 CITY OF FAYETTEVILLE, ARKANSAS J. PETER SARTAIN, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF LITTLE ROCK PETITIONER MOTION TO CORRECT ORDER NUNC PRO TTN COMES NOW the Petitioner, Fr. Paul Worm as agent for J. Peter Sartain, Bishop of the Roman Catholic Diocese of Little Rock, by and through his undersigned attorney, Candy R. Burton, and for his Motion to Correct Order of Annexation Nunc Pro Tunc, alleges and states: 1 . The Order of Annexation was entered herein on May 23, 2000, containing a legal description of lands to be annexed into the City of Fayetteville. 2. That due to scriveners error, said legal description was incorrect. 3 . A Correction Deed was filed on September 25, 2000, at public record no. 2000- 80629. 4. The correct legal description is as follows: A part of the Southwest Quarter (SWI/4) of the Southeast Quarter (SETA) of Section One (1), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows: Beginning at the Southwest corner of the Southwest Quarter (SW'/4) of the Southeast Quarter (SE'/4) of said Section One; thence along the West line of the SW'/4 of the SE'/4 of said Section One North 0000'00" West 610.72 feet to a point; thence North 89°35'33 " East 1321 . 72 feet to the East line of the SW'/4 of the SE'/4 of said Section One; thence with said East line South 00°10'40" East 613 . 54 feet to the Southeast comer of the SW'/4 of the SE'/4 of said Section One; thence along the South line of the SW'/4 of the SE'/4 of said Section One South 89°43'06" West 1323 .61 feet to the Point of Beginning, containing 18. 59 acres, more or less. WHEREFORE, Petitioner prays for an Order Nunc Pro Tunc correcting the legal description contained in the Order for Annexation entered herein to the legal contained in paragraph 3 . Respectfully submitted, J. PETER SARTAIN, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF LITTLE ROCK, cPetitioner Candy R.LAW n, Ark. Bar # 98 PHILLips trout Post Office Box 4444 Fayetteville, AR 72702 (501 ) 571 - 1000; Fax: (501 ) 527-6568 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via regular U. S. Mail to the City Clerk, City of Fayetteville, 113 West Mountain, Fayetteville, AR 72701 , this day of , 2000. Candy R. Bu n 015 04 City Fayetteville 12 / 27 / 2000 aintenance / Inquiry 13 : 37 : 32 Document Item Action Reference ' Date Ref . Taken Brief Description ORD 7 / 18 / 2000 4261 ANNEXATION OF STARR DRIVE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Keywords . . . . . . . . . . . . . . : ORD . 4261 ANNEXING RZA00 - 2 18 . 59 ACRES STARR DRIVE BURTON , CANDY PHILLIPS LAW FIRM ST , JOSEPH ' S CATHOLIC CHURCH File Reference # . . . . . . : CC OFC Security Class . . . . . . . . : Retention Type : Expiration Date . . . . . . . : * * * * Active * * * * Date for Cont / Referred : Name Referred to . . . . . . : Press Cmd 6 to Update Cmdl - Return Cmd2 - Check Out Cmd8 - Retention Cmd3 - End Press ' ENTER ' to Continue Cmd5 -Abstract Yes No ( c ) 1986 - 1992 Munimetrix Systems Corp . ORDINANCE NO. AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION RZA 00-2 FOR A PARCEL CONTAINING APPROXIMATELY 18.59 ACRES LOCATED ON STARR DRIVE REQUESTED BY CANDY BURTON OF PHILLIPS LAW FIRM ON BEHALF OF ST. JOSEPH'S CATHOLIC CHURCH. . 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. Section 3 . That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect that the zoning of the property described above shall be A- 1 , Agricultural. PASSED AND APPROVED this day of 2000. APPROVED: By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT "A" LEGAL DESCRIPTION FOR RZA 00-2 A part of the Southwest Quarter (SW '/4) of the Southeast Quarter (SE '/4) of Section One, Township Sixteen North, Range Thirty West, Washington County, Arkansas, being more particularly described as follows: Starting at the Northeast corner of the Southwest Quarter of the Southeast Quarter of said Section One, thence South 0° 10'40" East 884.25 feet to the point of beginning; thence continuing South 0° 10'40" East 613 .54 feet; thence South 8943'06" West 1 ,323 .61 feet; thence North 000'0" East 610.34 feet; thence North 89°35'33 " East 1 ,321 .72 feet to the point of beginning and containing 18.59 acres, more or less. Planning Commission Minutes June 26, 2000 Page 19 RZA 00-2.00: Annexation (St. Joseph's Church, pp 373) was submitted by Candy R. Burton of Phillips Law Firm on behalf of St. Joseph's Catholic Church for property located on Starr Drive. The property is in the Planning Area and contains approximately 18.59 acres. The request is to annex the subject property into the City of Fayetteville. Odom: The next item we have on tonight's agenda is RZA 00-2.00: Annexation (St. Joseph's Church, pp 373) was submitted by Candy R. Burton of Phillips Law Finn on behalf of St. Joseph's Catholic Church for property located on Starr Drive. The property is in the Planning Area and contains approximately 18.59 acres. The request is to annex the subject property into the City of Fayetteville. Staff recommends approval of the requested annexation based upon their report. I'd ask the applicant to please come forward at this time. Staff are there any further comments? Conklin: No further comments. Burton: I'm Candy Burton and I represent St. Joseph's Church in this annexation. I would just like to point out that most of the property that is contiguous to this property is already annexed into the city and we request that this 18 acres be annexed into the city. Odom: Let me ask if there is any member of the audience that would like to address us on this annexation request to please come forward at this time. Israel: I'm Ben Israel and I reside at 1501 Starr Road. We are extremely excited about the church being out there. We think they will make a great neighbor and we are in favor of it happening but I just wanted to point out some things that we feel like are extremely important and vital. As you know you approved the Crossroads Village Shopping Center at about 100,000 square feet, the Kantz Plaza of 100,000 square feet all within a mile of this property. You've approved and built Vandergriff Elementary School which houses 455 students, a new Middle School opens this fall with 600 students and of course the catholic church and school will be out there. We have new housing developments of Barrington Place, Covington Park, Timber Crest and Ridgemont View all of which are within a mile or mile and a half of this property and yet nothing has been done to handle the east -west traffic on Highway 45. If I pull out of Starr Road at 8:00 a.m. it may be 3 light changes before I can get onto Hwy 45. Do you know where Starr Road is? Have you been down Starr Road lately? There is another problem in that Starr Road is half owned by the county and half owned by the city. Half of Starr Road has curb and gutter and the other half has nothing. It's pot holes and shoulder. There is one point of Starr Road right in front of the subject property that's 15 feet wide. 0 Planning Commission Minutes June 26, 2000 Page 20 If I was a developer and wanted to put in a street 15 foot wide you would make me make it one way and yet the city gets by with having a 15 foot wide street. Two cars meeting, in fact I've lost 2 minors and 1 telephone antenna because at that point where it's 15 foot wide the trees are grown in so close to the road that if you meet a car you either force them into the ditch or sacrifice the right side of your car. We've lived with this for several years. Mayor Fred Hanna told me when I moved out there five years ago that Starr Road was going to be upgraded real soon. The county in maintaining the road, every 7 years comes by and puts gravel and oil on it and they claim that that's their rejuvenation of the road. Of course they cover by the city road too in doing that and so what we wind up with is a gravel oily mess in our ditches for about six months and then we are back to the same road we had previously. There is also a really dangerous dip just before the subject property. There at the old Indian Spring. If you come through there it's a real low dip and then you immediately climb a hill and just as you crest the hill there's a road that comes in from Sequoyah Woods and there have been numerous wrecks at that intersection. At the end of that drive, right before you approach my farm there is a 90° turn that probably five times a year somebody doesn't make. I've pulled three of them out of the ditch there myself in trying to help them. So, we are thrilled that the church is going to come out there and there is going to be another school there but we thing there has got to be some way that we can get out of our drives and out of our parking lots and meet another automobile on that street without the complications that we have. There are no sidewalks there. We believe there has got to be a turn lane into the school. At least do to Starr Road what was done at Hwy 265, that is, provide a turn lane to allow us to bypass the traffic as it's stopped going into the school. I believe the street has to be widened to code, at least 27 to 30 feet. It's only 15 feet in some spots. Right now it's an uneven street. With the county owning half they don't have the same depth of street that the city requires and so the asphalt goes to the middle and then it drops off about an inch an a half so if you happen to hit that particular ridge in the street, your car might jump 2 or 3 inches to the side and you are totally unaware that it's about to happen. I don't know what else to say. We want the church and school but we've got to have a better road if they are going to be there. We can't now exist on the road very easily. I'm surprised that there hasn't been somebody here fussing about it before. I would encourage you to go out and drive it and try to meet a dump truck at some of those intersections. Directly in front of my house if I meet another car, I have to drop off into a ditch in order to get by them. There are some points that mailboxes stick out so far into the street that you have to stop and allow another car to go by before you can get around it. So, I would encourage you to go look at it. I would encourage you to approve all of what they are asking you to do but we have a mess out there. Thank you. i •. Planning Commission Minutes June 26, 2000 Page 21 Odom: Thank you Mr. Israel. Is there any other member of the audience that would like to address us on this request? COMMISSION DISCUSSION: Odom: Seeing none I'll close the floor to public comment and bring it back to the Planning Commission. Staff, Mr. Israel has done a very good job of speaking against something that he supports. He makes a very good point in that there are some bad infrastructure problems out there. It's my understanding that the applicant has been made aware of those. Do you want to address that real quickly? Conklin: I met twice with the applicant. We have made it clear to them that when they do come in with the large scale development and conditional use for a church and school at this site that street improvements will have to be made in order for staff to support this project. We've had some preliminary discussions on what those improvements would entail and we do want to make sure that the street is adequate for two directions of traffic. They are aware of that and as we bring this project to you we will be making recommendations. It is interesting that the improvements that we are asking the church to make will be located in the county and not the city. That's somewhat different from what we have required in the past but we have made it clear that they will have to do improvements outside the city limits going to the north in order to have this project come forward. Odom: And, of course, this is just a recommendation to the City Council. I encourage those comments, of course, they will have our Planning Commission notes but I'm sure, Mr. Israel, you know the process is to go to the City Council and I would encourage those comments there as well. Commissioner Estes. Estes: Mr. Chairman I have a question for staff. I fully appreciate and understand that the Planning Commission is not in the business of building streets and roads but looking at our Master Street Plan I see that Starr Drive is designated a collector street. We've got the Barrington Park Subdivision, Sequoyah Woods, and Huntingdon, Tim, is there anything in the Capital Improvement Budget to improve Starr Drive which is designated as a collector? What can we look forward to? What can we anticipate? Conklin: I'm not aware of anything in our CIP to improve Starr Road. One of the problems has been that half of it is in the county outside of our city limits. This annexation will bring more of it into our city limits. With regard to in front of this annexation we are looking at improvements to meet our city standards with regard to what is Planning Commission Minutes June 26, 2000 Page 22 outside of the city limits to make sure it meets county standards and has adequate width to handle two directions of traffic. Estes: As we consider the applicant's request do I understand correctly that there is nothing in the Capital Improvement Budget for improvement to Starr Drive? Conklin: There isn't anything at this time. Estes: And partially the reason for that is that half of it is in the city and half of it is in the county, is that correct? Conklin: That's correct and it has been brought up before and I can bring it up again with our Public Works Director and our Street Committee. Estes: Thank you, Tim. MOTION: Hoffman: Mr. Chair. Odom: Commissioner Hoffman. Hoffman: I'll move approval of RZA 00-2.00. Ward: Second. Odom: We have a motion by Commissioner Hoffman and a second by Commissioner Ward to approve RZA 00-2.00. Any further discussions? Call the roll. ROLL CALL: Upon roll call the motion carries on a vote of 7-0-0. 0 •. FAYETTEVILLE THE CITY OF FAYETTEVILLE. ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn T. Warrick, Associate Planner THRU: Tim Conklin, City Planner DATE: June 26, 2000 RZA 00-2.00: Annexation (St. Joseph's Church, pp 373) was submitted by Candy R. Burton of Phillips Law Firm on behalf of St. Joseph's Catholic Church for property located on Starr Drive. The property is in the planning growth area and contains approximately 18.59 acres. The request is to annex the subject property into the City of Fayetteville. RECOMMENDATION: Staff recommends approval of the requested annexation based on the findings included as part of this report. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: June 26, 2000 CITY COUNCIL ACTION: Required YES II O Approved O Denied Date: July 18, 2000 Comments: H:I USERSICOAIMOMDA WN7IREPOR7S1PC16-26-00Is Josephs. upd BACKGROUND: This 18.59 acre tract is surrounded by the City of Fayetteville on the east and west property boundaries. An Order of Annexation was signed by County Judge Jerry Hunton May 22, 2000 and filed of record with the County Clerk on May 23, 2000 No rezoning has been requested at this time - the property, if annexed will be designated at A-1, Agricultural. The applicant proposes to develop this property as a church and school campus. These are uses which are permitted by conditional use within the A-1, Agricultural zoning district under use unit 4, Cultural and Recreational Facilities. SURROUNDING LAND USE AND ZONING North: Vacant, Washington County South: Single family home, Washington County East: Barrington Parke Subdivision, R- I West: Sequoyah Woods Subdivision, R-1 INFRASTRUCTURE: Access to this property is from Starr Drive which is designated a collector on the Master Street Plan. Arapaho Drive was stubbed out immediately north of the subject property when the second phase of Barrington Parke subdivision was developed providing a possible future connection to the west. Water: 8" line along Starr Drive, 6" line within Barrington Parke Sewer: 8" line along Starr Drive, 8" line within Barrington Parke LAND USE PLAN: General Plan 2020 designates this site as Residential. H: I USERSICOMMOMOA IVN71REPOR7SIPC16-26-00Lsjosephs. upd S § 161.03 DISTRICT A-1 AGRICULTURAL. A. Purposes. The regulations of the Agricultural District are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; prevent unsightly development, increase scenic attractiveness; and conserve open space. B. Uses. 1. Permitted Uses. Unit I City -Wide Uses by Right Unit 3 Public Protection and Utility Facilities Unit 6 Agriculture Unit 7 Animal Husbandry Unit 8 Single -Family and Two -Family Dwellings 2. Uses Permissible on Appeal to the Planning Commission. Unit 2 City -Wide Uses by Conditional Use Permit Unit 4 Cultural and Recreational Facilities Unit 20 Commercial Recreation; Large Sites H. I USERSICOMMONIDA WNr1REPORTSI PC16-26-00Lrjosephs. upd C. Bulk and Area Regulations. Lot Width Minimum 200 ft. Lot Area Minimum: Residential 2 acre Nonresidential 2 acre Lot Area Per Dwelling Unit 2 acre D. Yard Requirements (feet). FRONT YARD SIDE YARD REAR YARD 35 20 35 E. Height Requirements. There shall be no maximum height limits in the A- I District, provided, however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required yard lines. (Code 1991, §160.030; Code 1965, App. A, Art. 5(I); Ord. No. 1747, 6-29-89) 40 L] IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF: ANNEXATION OF LANDS TO THE CITY OF FAYETTEVILLE, ARKANSAS J. PETER SARTAIN, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF LITTLE ROCK CASE NO. CC 2000-10 FILED Q'J iqf11 23 Prq2 1 L,VkJ 1�ir,, '.& PROd:4TE 0LFw 'fA'S;Ha.NC:T0N Cl. PETITIONER ORDER OF ANNEXATION NOW on thiso3og dayf 2000, the petition for annexation filed herein came on for hearing before the Washington County Court. From the evidence presented and a review of the complete case file, the Court finds: 1. The Petitioner J. Peter Sartain, Bishop of the Roman Catholic Diocese of Little Rock, is the sole owner of all the real property described in the Petition for Annexation, which real property is described in Exhibit "A" to this Order. 2. Said real property is contiguous to and adjoining the City of Fayetteville, Arkansas. 3. Petitioner has caused a Notice of the hearing on the Petition for Annexation to be published one time a week for three consecutive weeks in the Northwest Arkansas Times, a newspaper of general circulation in Washington County, Arkansas. Said Notice contains the substance of the Petition and states the time and place for the hearing on said Petition. Proof of Publication of said Notice has been filed with the Court. 4. The Court is satisfied that the limits of the territory to be annexed have been accurately described and an accurate map thereof made and filed, and that the prayer of the Petitioner is right and proper. IT IS, THEREFORE, ORDERED by the County Court of Washington County, Arkansas, that the Petition for Annexation filed herein is hereby granted and the real property described in Exhibit "A" attached to this Order is hereby annexed to the City of Fayetteville, Arkansas. WA& DATED this _day of /1 � , 2000. Pt — Jude EXHIBIT "A" A part of the Southwest Quarter (SW'/4) of the Southeast Quarter (SE'/4) of Section One (1), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows: Starting at the Northeast corner of the Southwest Quarter (SW'/4) of the Southeast Quarter (SE'/4) of said Section One (1), thence South 00°1040" East 884.25 feet to the point of beginning; thence continuing South 00°1040" East 613.54 feet; thence South 89°43'06" West 1323.61 feet; thence North 00°00'00" East 610.64 feet; thence North 89°35'33" East 1321.72 feet to the point of beginning and containing 18.59 acres, more or less. RZA00-2.00 - St Josephs Church - Close A.1 I R-1 R-1 R-1 R-1 R-1 R1{�ym R-1 PO UI R-1 stn \ R-1 Dl R1J CHEROKEI R-1 R -1I R-1 R-1 u CJ R1 N 1 JIM KR -1>/r 1 ; R-7 R-1 R-1 R-1 GADDY R-1 R-1 E HUN u c C D C 0 G fl 300 0 300 Feet R-1 Limits R -I 0 0 RZA00-2.00 - St. Josephs Church - One Mile Diameter R- g m - R-1 A- , l77Ry LEAWOOD OOU At x R1 y C O O Py 45 y R-i O 2' o m ENTLE OAKS _ .. REDWOOD CARSON RT M R- R-1 -R L OAKS LOEN OAKS 2 R -L1 R-1 z w ASHLEY R-1 Oa u '� > m ti -1 w ¢ " w o Z KANTZ R-2 m z _ J ¢ o R R c1 CHADWIC R-1 of x UROHILL ul CITI m GH m Gl f P 0 ION R-1 nom+ 41 H R-0 R-1 R-1 z 0 R L) w m Y G7 ry ¢ z 0 o z GRIST L m G2 G2 rc w R i m roh 2 Y ° -"2 E m ci m m WN m m NSFIELD NAVAJO &w-2 9 0N RE 1 TORIA R-1 0 z CHELSEA DE HG dp ° z R-1 ya 2 U �RMEL z LONDONDERR x CROSSBOW 211 tI QW ¢ z HICKS 0 -ps HOLLOW Gp R-1 Al R-1 BOSTON MNT VI Z O ° 0 /?oCK 0L/FF HYIAND PARK R-1 g2 R - Q v 1 PRIVATE 4L1F OE WE a a RZA00-2.00 - St. Josephs Church -2020 Plan I I I TOWNSHIP — I I Washington County ___—_, w City Limits w % r I>1 1 O 1 / U 1/ �__—_J i1 1 f a M�Sg�ON II L /� I cr 1 I !u_sF I 1�'\ kHUyTF I It p L� i� ; I 1 r I 1 I 1 r- r- r-� / I I I I 1 1 I I I I I�1 I II 1400 0 1400! N Residential I W E Commity Commercial + %N' 'l Historic Commeraal S Historic Districts :eet University Industrial ilhillfllill Office Nixed Use Open / Space Recreational Neighborhood Commercial Regional Corm erical , WARRANTY DE HUSBAND AND WIFE CONVEYING AS TENANTS BY THE ENTIRETY, JOINTLY OR IN COMMON KNOW ALL MEN BY THESE PRESENTS: That we, *a'WoST STrAwalRx[ To & CAROL STAIMEW husband and wife, hereinafter called Grantors. for and in consideration of the sum of One Dollar (31.00) and other good and v"fulbl cdnalderatioh to us hand paid by hereinafter called Grantee, do hereby grant, bargain and sell unto the said Grantee and Grantee's heirs and assigns, the following described land, situate M HASHINGIOB County. State of Arkansas, to -wit: '97RBY13 A111015 WASHINGTON CO AR K. HARitESS A part of the Southwest Quarter (SW 1/4) of the Southeast Ouarter7(SE 1/4) of Section. One, Township Sixteen North, Range Thirty west, Washington County, Arkansas, being more - particularly described as follows: - Starting at the Northeast corner of the Southwest Quarter of the Southeast Quarter of said Section One, thence South 0 degrees 10 minutes 40 seconds East 884.25 feet to th point of beginning; thence continuing South 0 degrees. 10 minutes 40 seconds East 613.54 feet; thence South 89 degrees 43 ttiiautes 06. seconds West 1,323.61 feet; thence North 0 degrees 0 minutes 0 seconds East 610.64 feet; thence North 89 degrees 35 minutes 33 seconds East 1321.72 feet to the point of beginning and containing 18.59 acres, more or less. TO HAVE AND TO HOLD the said lands and aPpuneneneee thereunto belonging unto the a aid Grantee and Grandee's hairs and assigns, forever. And we, the said Grantors, hereby covenant that we are lawfully seized of field land and pnwnSse, that the same is unencumbered, end that we will forever warrant and defend the doe to the said fangs against an legal calms whatever. And we. me respective Gramors. hereby release and relinquish unto the sold Grantee our respective doww/curtsey and homestead b end to said land. ' WITNESS ow hands and-sals on this . 8th . day of Nay 19 97 THIS INSTRUMENT PREPARED BY: EMC. RIT _ls� Sean (seal) ACKNDWLEDOMENT STATE OF ARKANSAS �ss. county of WASHIEGTOH On this the 8thdey of MY . 19.9L. befere me. a noisy public: personally appeared EAST twaNNERRY, 3A. aM CMIOL STAHHIa.7, husband and wi fee know to me (or saatisiactoriy proven) to be the persons whose names subscribed to the foregoing bstrumwn and acknowledged that they had necuted the same for the purposes therein set form. In 4bnsswh.r.d4eEeJ4osetmynsipl and official seal. WINFIElp s. aSONSON, ./N, 0 & My m' W�f^° �o4ainW W 4. 97930908 • STAFF REVIEW FORM • X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of July 18, 2000 FROM: Tim Conklin Planning Name Division Public Works Department ACTION REQUIRED: To approve an ordinance for RZA 00-2.00: Annexation (St. Joseph's Church, pp 373) as submitted by Candy R. Burton of Phillips Law Firm on behalf of St. Joseph's Catholic Church for property located on Starr Drive. The property is in the Planning Area and contains approximately 18.59 acres. The request is to annex the subject property into the City of Fayetteville. COST TO CITY: Cost of this Request Account Number Category/Project Budget Funds Used To Date Category/Project Name Program Name Project Number Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Acco ing ana r Date Internal Auditor Date 74 ° City Attor e Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: Staff recommended approval and on June 26, 2000, Planning Commission unanimously voted 7-0-0 to recommend approval and to forward the annexation to the City Council. Director I Date ices Director(/4 Date Cross Reference New Item: Yes Prev Ord/Res #: Orig Contract Date: Orig Contract FAYETTEVItLE • THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPOND To: Tim Conklin, Planning Director From: Heather Woodruff, City Clerk Date: July 19, 2000 Attached is a copy of the ordinance approving annexation request RZA 00-2. The original will be microfilmed and filed with the City Clerk. cc: Tony Webb, Planning Ed Connell, Engineering Clyde Randall, Engineering John Goddard, Information Tech. Scott Caldwell, Information Tech. Jim Johnson, 911 Coordinator AUG-02-2000 15:40 ORDNANCE NO. 4261 AN ORDINANCE ANNEXING THAT PROPERTY DESCRI- BED IN ANNEXATION PETI- TION RZA00.2'FOR A PAR- CEL CONTAINING APPROXI- MATELY 18.59 ACRES LO- CATED ON STARR DRIVE REQUESTED 'BY CANDY BURTON OF PHILLIPS LAW FIRM ON BEHALF'OF ST. JO- SEPH'S CATHOLIC CHURCH. BE IT ORDAINED eYTNE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: 41lont, Thelma City Cots, - cif hereby coni ms the arvre+a- tion to the City of Fayetteville, Arkansas. of the following de- scribed Property. See Exhibit"A" attached hereto and made a pert hero of. Section 2 That the above do- senbed property is hereby as- signed to Ward No. 1. Tilt... Thai the official zon- ing map of tnt City of Fayette- ville, Arkansas. is heresy amendeed to roflea that the zone Ing Of the property described above shall be A-i. Agnoutural. PASSED AND APPROVED this 18th day of Juty, 2000. APPROVED: By Fred Henna, Mayer ATTEST By: Heather Woodruff, City. EXHIBR"A" LEGAL DESCRIPTION FOR RZA 00-2 A pan of Me Southwest Quarter (SWlr4) of the Southeast Quar- ter (SEII4) of Section One. TOwnshlp Sixteen None, range Thirty West Washington Coun- t Arkansas, being more panic- ularly described' as Follows: SW6ng at The Northeast comer of the Sautwea'Quanor of the Southeast QUantb of said Sec- tion One. thence South O'104P East 884.25 feet to the point of beginning; thence con - finding South 0°1040East 613.54 feet: thence South 89'43'06' West 1,323.61 feet: thence North 00' East 614.34 feet: thence North 89°3593' East 1.321.72 feet to Yte point of onchruhg end con- taining 18.59 acres, mare or .less N W A TIMES • STATE OF ARKANSAS County of Washington J SS. P.04/16 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 at business and at fixed (daily) intervals continuously in the City of Fayettevlle, 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 l 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 tasty percent news matter. I further certifyyhat the legal notice attached in the was published in the regular daily issue of said newspaper for consecutive insertions as follows: The first insertion on the day of 2b �L the second insertion on the the third insertion on the the fourth insertion on the Sworn to and subscribed before me on this day of 20 — day of 20 —. elYiialirl:iil day of itV Fees for Printing. ......................................................s 3b Costof Proof......................................................... Q � Total................................................ ... S b S • ,t y1 LIfF%q . State of Arkansas SECRETARY OF STATE RNANgt' Sharon Priest SECRETARY OF STATE August 14, 2000 The Honorable Marilyn Edwards Washington County Clerk 280 North College, Suite 300 �Fayetteville, AR 72701 Dear Ms. Edwards: The Following Information has been recorded and filed in the Office of the Secretary of State: Date: 08/11/2000 County: Washington City: Fayetteville 4'26J Annexation: Ordinance No. - 486-i--RZA00-2 Co. Order No. 2000-10 Flat -X Election - Island - Incorporation: Ordinance No. - Co. Order No. - Flat - Election Census Information - 1st Class City - 2nd Class City - Incorporated Town - I have forwarded this information to the Arkansas Municipal League. If you have any further questions please do not hesitate to contact meat 1-800-482-1127 or 682-3451. y - Sincerely, -Wi Tena Arnold Election Services Representative RECEIVED AUG 15 2000 CITY OF FAYETE&€ CITY CLERK'S OFFICE State Capitol • Little Rock. Arkansas 72201-1094 • (501) 682-1010 add -a,.' ' °t° A RECEIVED IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS APR 21 2000 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE IN THE MATTER OF: ( I n CD ANNEXATION OF LANDS TO THE CASE NO. CC 2000- V� a C CITY OF FAYETTEVILLE, ARKANSAS 20 c) J. PETER SARTAIN, BISHOP OF THE ROMAN to Ci CATHOLIC DIOCESE OF LITTLE ROCK PETI O ERA ^' co 3 Co n n • r r 2J C, ca PETITION FOR ANNEXATION CI) co r COMES NOW the Petitioner, Fr. Paul Worm as agent for J. Peter Sartain, Bishop of the Roman Catholic Diocese of Little Rock, by and through his undersigned attorney, Candy R. Burton, and for his Petition for Annexation alleges and states: Fr. Paul Worm is the local representative in Washington County, Arkansas, for J. Peter Sartain, Bishop of the Roman Catholic Diocese of Little Rock, Arkansas. 2. That the Petitioner, J. Peter Sartain, as successor in interest to Andrew J. McDonald, Bishop of the Roman Catholic Diocese of Little Rock, is the sole record owner of certain real property situate in Washington County, Arkansas, described as follows: A part of the Southwest Quarter (SW'/a) of the Southeast Quarter (SE'/o) of Section One (1), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows: Starting at the Northeast corner of the Southwest Quarter (SW'/<) of the Southeast Quarter (SE'/<) of said Section One (1), thence South 00°10'40" East 884.25 feet to the point of beginning; thence continuing South 00°10'40" East 613.54 feet; thence South 89°43'06" West 1323.61 feet; thence North 00°00'00" East 610.64 feet; thence North 89°35'33" East 1321.72 feet to the point of beginning and containing 18.59 acres, more or less. That all of said real property is adjacent and contiguous to the present city boundary line of the City of Fayetteville, Arkansas. 4. That a plat of said lands is attached hereto, marked as Exhibit "A" and made a part of this petition by reference. That said lands are suitable for annexation to the said city and necessary for the proper growth, prosperity and management of said lands and the City of Fayetteville, Arkansas. 6. Petitioner further states that the Phillips Law Firm, Fayetteville, Arkansas, is authorized to act for the Petitioner and on its' behalf in all matters connected with this petition and subsequent hearings or annexation proceedings connected therewith. WHEREFORE the Petitioner, J. Peter Sartain, the Bishop of the Roman Catholic Diocese of Little Rock, prays that said lands be annexed to the City of Fayetteville, Arkansas, after hearing thereon as required by law, and that this Court, by its' order, fix a time for said hearing not less than thirty (30) days from the date of the filing of this petition and for other proper relief Respectfully submitted, J. PETER SARTAIN, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF LITTLE ROCK, Petitioner n Candy R. BurtA.B.A. # 98144 PHILLIPS LAW FIkM Post Office Box 4444 Fayetteville, AR 72702 (501) 571-1000; Fax: (501) 527-6568 CERTIFICATE OF SERVICE I, Candy R. Burton, hereby certify that I have served a true and correct copy of the Petition by regular U.S. Mail to the City Clerk, City of Fayetteville, 113 West Mountain, Fayetteville, AR 72701, this <QCVday of 2000. LL Candy R. Bu Property Search . Page 1 of 2 '.'.tiYh .4 �..... ..r Return to'�Moce info;; '.d'?i'::Return-Ito List- 'Return'to Seaich ?:j Download Parcel Map(s): Pate I ff-6 r'1, C-4 1-. /b -30 • 1 I LI1n r ntLv- 5 oet 0 tl I t t fJJ7(-psr IItLV ? `mss{ 11145 I[l8 f!Sczc 14113 t91i' h .cam 1N •Y r fit?io 1117 7-00 _001 f 1117Q 1� FKL M Z•ot4 tf t'73 t� LOYa St: t.43-0 Jtlglj Vk1 SE 2-bOO _• — Exhibit "A" http://www.cowashington.ar.us/svr/jntrnr isv?Apps/Assessor/Search 1.jfm 1/13/1999 Nov -07-00 03:35P Phil i s Law Firm n"n PHILLIPS LAW FIRM DONNA PHILLIPS 25 RAsr ROCK 4m,M in mtmu�. Miunul a uloham POST OFFICE Box 4444 CANDY R. RIIR'I'ON FAYL'TTEVILLL, AR 72702 1 mtuM m /.Smut & HmN. FAX TRANSMITTAL November 7, 2000 To: Tim Conklin Fax k: 575-8316 From: Candy R. Burton Re: St. Joseph's Annexation Number of Pages (Including Transmittal): 5 Dear Tim: 501 c 7 6568 P.01 g ca -D yap/ MICROFILMED Phone: (501)571.1000 Fax: (501).527-6568 Email: phillip.rlaw(a)lynks. corn Pursuant to your request, following is a copy of the Motion to Correct Order and the Order Nunc Pro Tunc in the above referenced matter. Please let me know if you need any other information or have any questions. Notice of Confidentiality The infant on entained in this tnmsrn+ssion is intended for the sole use by the individual(s) listed above, their employer, rgrtea KQhVe or agent rcwnsiblc for delivering this message to the intended recipient The irdirrmation oontainul bacin may roinprise confidential information or be protected from disclosure by the attorney- licnt privilege or work-pnxluct doctrine. Please tic advised that if you are not the intended recipient, empkrfcc. representative or agent of the intended recipient, any dissemination, distribution, copying or review of this message is strictly prohibited. if you receive this hmLarussjcn in amr, poise contact the Phillips Law Finn immediately at (501) S71-1000 and return any reoivod portion of this tranamissicn via U.S. Mail to the address listed above. We will reimbtrsc you for your postage and/or telephone expense. Thank you. Nov -07-00 03:35P Phiws Law Firm 50107 6568 P.02 FILED IN TILE COUNTY COURT OF WASHINGTON COUNTQQAQ AN�Aen 9 08 IN THE MATTER OF: ANNEXATION OF LANDS TO THE CITY OF FAYE1'TEVILLE, ARKANSAS MARILYN EDWARDS CO. & PROBATE CLERK CASE NOW%M N CO. ARK. J. PETER SARTAIN, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF LITTLE ROCK PETITIONER MOTION TO CORRECT ORDER NIINC PRO TUNC COMES NOW the Petitioner, Fr. Paul Worm as agent for J. Peter Sartain, Bishop of the Roman Catholic Diocese of Little Rock, by and through his undersigned attorney, Candy R. Burton, and for his Motion to Correct Order of Annexation Nunc Pro Tunc, alleges and states: The Order of Annexation was entered herein on May 23, 2000, containing a legal description of lands to be annexed into the City of Fayetteville. 80629. 2. That due to scriveners error, said legal description was incorrect. A Correction Deed was filed on September 25, 2000, at public record no. 2000- 4. The correct legal description is as follows: A part of the Southwest Quarter (SW'/) of the Southeast Quarter (SE'/.) of Section One (1), Township Sixteen (16) North Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows: Beginning at the Southwest corner of the Southwest Quarter (SW'/,) of the Southeast Quarter (SE%.) of said Section One; thence along the West line of the SW'/, of the SE'% of said Section One North 0°00'00" West 610.72 feet to a point; thence North 89°3533" East 1321.72 feet to the East line of the SW¼ of the SE','4 of said Section One; thence with said past line South 00°1040" East 613.54 feet to the Southeast corner of the SW¼ of the SE'I4 of said Section One; thence along the South line of the SW'h of the SE¼ of said Section One South 89°43'06" West 1323.61 feet to the Point of Beginning, containing 18.59 acres, more or less. Nov -07-00 03:35P Plii 1s Law Firm 50107 6568 P.03 WHEREFORE, Petitioner prays for an Order Nunc Pro Tunc correcting the legal description contained in the Order for Annexation entered herein to the legal contained in paragraph 3. Respectfully submitted, J. PETER SARTAIN, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF LITTLE ROCK, Petitioner Candy R. Diiqn, Ark. Bar # 9S144— P1IILLIPS LAW !tout Post Office Box 4444 Fayetteville, AR 72702 (501) 571-1000; Fax: (501) 527-6568 CERTIFICATE OF SERVICE l HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via regular U.S. Mail to the City Clerk, City of Fayetteville, 113 West Mountain, Fayetteville, AR 72701, this day of________ , 2000. Candy R. Bu n Nov -07-00 03:35P Phi i s Law Firm 50 7 6568 P.04 LED 9 Rn1055 IN THE COUNTY OF WASHFWgJON COUNTY, ARKANSAS %4tRILY1i EDWAn IN TIIE MATTER OF: gpSE CLERK ANNEXATION OF LANDS AAS Ims 1 C9. ARK.CASE NO. CC 2000-10 CITY OF FAYETTEVILLE, o 0/F J. PETER SARTAIN, BISHOP OF THE ROMAN " _ o CATHOLIC DIOCESE OF LITTI..E ROCK pEh'�O o Boa a rn O1WERN PR T U' " M C, G ' o ro cn o COMES NOW on this day of 2000, the Motion'To Correct Judgment Nunc Pro Tunc of Petitioner. From the evidence presented and a review of the complete case file, the Court finds: 1. The Order for Annexation entered in the above -entitled cause, through inadvertence and clerical error, did not contain the correct legal description of the property to be annexed. 2. That a Correction Deed has been filed September 25, 2000, at public document no. 2000-80629. 3. That the correct legal description is attached to this Order as Exhibit "A". IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Order for Annexation entered herein on May 23, 2000, be, and the same hereby is, corrected to conform to the actual judgment intended, announced, and rendered by the court striking therefrom the legal description contained in Exhibit "A" to that Order and substituting the legal description contained in Exhibit "A" to this Order. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this Order correcting the record of the judgment be entered nunc pro tune as of May 23, 2000, that being the date when the Order of -Annexation -was originally made and entered. IT IS SO ORDERED. Co ty Judge Nov -07-00 03:35P Phip Law Firm 5017 6568 P_05 EXHIBIT "A" A part of the Southwest Quarter (SW'/.) of the Southeast Quarter (SE'/.) of Section One (1), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows: Beginning at the Southwest comer of the Southwest Quarter (SW'/.) of the Southeast Quarter (SE%i) of said Section One; thence along the West line of the SW¼ of the SE'. of said Section One North 0°00'00" West 610.72 feet to a point; thence North 89'35'33" East 1321.72 feet to the East line of the SW'/, of the SE'!.of said Section One; thence with said East line South 00°10'40" East 613.54 feet to the Southeast corner of the SWY. of the SE¼ of said Section One; thence along the South line of the SW'/. of the SE'4 of said Section One South 89°4306" West 1323.61 feet to the Point of Beginning, containing 18.59 acres, more or less.