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HomeMy WebLinkAboutOrdinance 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.