HomeMy WebLinkAboutOrdinance 4331 CZ)
ORDINANCE NO. 4331
AN ORDINANCE ANNEXING THAT PROPERTY 00 o
DESCRIBED IN ANNEXATION PETITION ANX 01.2.00 FOR
A PARCEL CONTAINING APPROXIMATELY 14.47 ACRES -„ C. 3
LOCATED EAST OF SUNSHINE ROAD AND SOUTH OF `'' ^' o
MOUNT COMFORT ROAD AS SUBMITTED BY PHILIP
0
HUMBARD OF ENGINEERING SERVICES, INC. ON
BEHALF OF CROSS CREEK SUBDIVISION LLC
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.
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.
PA$SED APPROVED this 21" day of August, 2001 .
V z„* : •`' •�`` m APPROVED:
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` .4 .{ . By:
DAN COODY, M o
ATTEST:
By:
Bather Woodruff, City CIA
2001104487
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Ord . 4331 A
EXHIBIT "A"
LEGAL DESCRIPTION FOR ANX 01-2.00
PART OF THE NORTHEAST QUARTER (NE1/4) OF THE SOUTHEAST QUARTER
(SE1/4) OF SECTION TWO (2) , TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY.
ONE (3 1 ) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE
N0001 1'07"W ALONG THE EAST LINE OF SAID 40 ACRE TRACT 520.61 FEET TO THE
CENTER OF HAMESTRING CREEK; THENCE ALONG THE CENTERLINE OF SAID
CREEK, THE FOLLOWING BEARINGS AND DISTANCES; NORTH 85059'24" WEST
139.51 FEET; NORTH 41 °23'43" WEST 55.69 FEET; NORTH 72°20'48" WEST 101 . 76
FEET; SOUTH 7802937" WEST 362.08 FEET; SOUTH 61 ° 19'53" WEST 312.06 FEET;
NORTH 76024' 12" WEST 262. 12 FEET TO THE CENTERLINE OF COUNTY ROAD 877;
THENCE ALONG THE CENTERLINE OF SAID ROAD THE FOLLOWING BEARINGS
AND DISTANCES; SOUTH 42°06'35" WEST 145.89 FEET; SOUTH 23053'30" WEST 96.74
FEET; SOUTH 0201731 " WEST 221 .27 FEET; SOUTH 06023' 12" WEST 21 .5 FEET TO
THE SOUTH LINE OF SAID 40 ACRE TRACT; THENCE SOUTH 89050'24" EAST
1306.74 FEET TO THE POINT OF BEGINNING, CONTAINING 14.47 ACRES, MORE OR
LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED TRACT
BEING SUBJECT TO COUNTY ROAD RIGHT-OF-WAY ALONG THE WEST
BOUNDARY AND ANY OTHER EASEMENTS OF RECORD.
2001104488
I, Bette Stamps, 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 same is now duly recorded
with the acknowledgement and certificate thereon
in Record Book and Page as indicated thereon.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the seal of said Court on the date indi-
cated hereon.
Betty St
Circuit k and Ex-officio Recorder
by
NAME OF FILE: Ordinance No. 4331
CROSS REFERENCE:
08/21/01 Ordinance No. 4331
Exhibit "A" (Legal Description)
07/23/01 Planning Division Correspondence
07/09/01 Planning Commission M,,2& � i io - i2D
08/07/01 Staff Review Form
08/27/01 Memo to Tim Conklin, Planning Director, from Heather Woodruff, City
Clerk
08/30/01 Proof of Publication `` l
NOTES :
ORDINANCE NO.
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 01-2.00
FOR A PARCEL CONTAINING APPROXIMATELY 14.47
ACRES LOCATED EAST OF SUNSHINE ROAD AND
SOUTH OF MOUNT COMFORT ROAD AS SUBMITTED BY
PHILIP HUM 3ARD OF ENGINEERING SERVICES, INC. ON
BEHALF OF CROSS CREEK SUBDIVISION LLC
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 2001 .
APPROVED:
By:
Dan Coody, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION FOR ANX 01 -2.00
PART OF THE NORTHEAST QUARTER (NE'/4) OF THE SOUTHEAST QUARTER (SEI/4) OF
SECTION TWO (2), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31 ) WEST,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE
N00° I1 '07"W ALONG THE EAST LINE OF SAID 40 ACRE TRACT 520.61 FEET TO THE
CENTER OF HAMESTRING CREEK; THENCE ALONG THE CENTERLINE OF SAID CREEK,
THE FOLLOWING BEARINGS AND DISTANCES; NORTH 85059'24" WEST 139.51 FEET;
NORTH 41 °23'43" WEST 55.69 FEET; NORTH 72020'48" WEST 101 .76 FEET; SOUTH 78029'37"
WEST 362.08 FEET; SOUTH 61019'53" WEST 312.06 FEET; NORTH 7624' 12" WEST 262. 12
FEET TO THE CENTERLINE OF COUNTY ROAD 877; THENCE ALONG THE CENTERLINE
OF SAID ROAD THE FOLLOWING BEARINGS AND DISTANCES; SOUTH 42°06'35" WEST
145 .89 FEET; SOUTH 23053'30" WEST 96.74 FEET; SOUTH 02° 17'31 " WEST 221 .27 FEET;
SOUTH 06023'12" WEST 21 .5 FEET TO THE SOUTH LINE OF SAID 40 ACRE TRACT; THENCE
SOUTH 89050'24" EAST 1306.74 FEET TO THE POINT OF BEGINNING, CONTAINING 14.47
ACRES, MORE ORLESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED
TRACT BEING SUBJECT TO COUNTY ROAD RIGHT-OF-WAY ALONG THE WEST
BOUNDARY AND ANY OTHER EASEMENTS OF RECORD.
FAYETTEALLE 0 oj�
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THE CrrY OF FAYETTEVILLE, ARKANSAS v
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113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO : Mayor Dan Coody
City Council
FROM: Hugh Earnest, Urban Development Director
DATE: July 23 , 2001
SUBJECT: ANX 01 -2.00: Annexation (Cross Creek Subdivision, LLC, pp 359)
BACKGROUND
ANX 01 -2.00: Annexation (Cross Creek Subdivision, LLC, pp 359) was submitted by Philip Humbard of
Engineering Services Inc.on behalf of Cross Creek Subdivision, LLC for property located east of
Sunshine Road and south of Mount Comfort Road. The property is in the Planning Growth Area and
contains approximately 14.47 acres. The subject property is located north of a recently annexed 40 acre
tract of land which is west of Bridgeport Subdivision. Access is from WC 887, Sunshine Road and from
WC 882, Jess Anderson Road. Eventually access will be available through Bridgeport by way of the
Master Street Plan collector New Bridge Drive.
The subject tract is bounded on the north and west by county property and on the east by R- 1 property.
The area is within the City's Planning Area boundary and it is situated at the far western edge of
Fayetteville. This property is currently claimed by the Farmington School District.
A preliminary plat for this area in combination with the 40 acre tract to the south is being processed at
this time. Annexation of this tract would provide for an orderly development which would comply with
all City ordinances, specifically those regarding, tree preservation, access, grading, drainage, storm
water, park land, sidewalks, land use and others. The property would make better use of infrastructure as
well as natural resources as an addition to the City of Fayetteville than it would if left to develop under
county standards with no oversight regarding land use. It is not in the City's best interest to encourage
unregulated development with potentially hundreds of septic systems adjacent to the City limits and
within the Planning Area which is designated as the area into which the City expects to grow in the
future. It is for these reasons that staff recommends approval of the requested annexation.
CURRENTSTATUS
The annexation was recommended by the Planning Commission on July 9, 2001 by a 9-0-0 vote and
forwarded to the City Council for approval.
RECOMMENDATION
The Planning Commission and staff recommended approval of the requested annexation based on the
findings included as part of this report.
H..-I USERSICOMMOA'DAWN7IREPOR7SIPC17-9-01ICrosscreek_annex_CC.wpd
FAYETTEVILLE
TBE 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, Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: July 9, 2001
ANX 01-2.00: Annexation (Cross Creek Subdivision, LLC, pp 359) was submitted by Philip
Humbard of Engineering Services Inc.on behalf of Cross Creek Subdivision, LLC for property
located east of Sunshine Road and south of Mount Comfort Road. The property is in the
Planning Growth Area and contains approximately 14.47 acres.
RECOMMENDATION:
Staff recommends approval of the requested annexation based on the findings included as
part of this report.
PLANNING COM USSION ACTION: Required YES
O Approved O Denied
Date: July 9, 2001
CITY COUNCIL ACTION: Required YES
O Approved " O Denied,
Date: ' AuEust 7, 20015 (1" readinEi
Comments:
H.IUSFRS1COAAfOMDAWA71REPORTSIpC17.9-011crosecmek annmwpd
BACKGROUND:
The subject property is located north of a recently annexed 40 acre tract of land which is west of
Bridgeport Subdivision. Access is from WC 887, Sunshine Road and from WC 882, Jess
Anderson Road. Eventually access will be available through Bridgeport by way of the Master
Street Plan collector New Bridge Drive.
The subject tract is bounded on the north and west by county property and on the east by R-1
property. The area is within the City' s Planning Area boundary and it is situated at the far
western edge of Fayetteville. This property is currently claimed by the Farmington School
District.
A preliminary plat for this area in combination with the 40 acre tract to the south is being
processed at this time. Annexation of this tract would provide for an orderly development which
would comply with all City ordinances, specifically those regarding, tree preservation, access,
grading, drainage, storm water, park land, sidewalks, land use and others. The property would
make better use of infrastructure as well as natural resources as an addition to the City of
Fayetteville than it would if left to develop under county standards with no oversight regarding
land use. It is not in the City's best interest to encourage unregulated development with
potentially hundreds of septic systems adjacent to the City limits and within the Planning Area
which is designated as the area into which the City expects to grow in the future. It is for these
reasons that staff recommends approval of the requested annexation.
SURROUNDING LAND USE AND ZONING
North: County property, Residential, Agricultural
South: Vacant, R-1 (Cross Creek Preliminary Plat)
East: Vacant, R-1 (Bridgeport subdivision - under construction)
West: County property, Residential, Agricultural
LAND USE PLAN: General Plan 2020 designates this site as Residential.
N:IUSERSICOMMOMDATVN71REPOR7SIPC17-9-011crasscreek annmwpd
Cp gR�� YN 9� ISS1
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IN THE COUNTY COURT OFW�TQIZd �Rt�'1UNTY, ARKANSAS
IN THE MATTER OF: p. .�RK
ANNEXATION OF CERTAIN LANDS TO THE Q O 3
CITY OF FAYETTEVILLE, ARKANSAS CASE No. CC
NOTICE OF ANNEXATION PETITION
NOTICE is hereby given to all interested parties that a Petition has been filed to annex to the
City of Fayetteville, Arkansas, the following land in Washington County, Arkansas:
See Exhibit "A" attached
All interested parties are hereby notified that said Petition will be heard in the County Court
of Washington County Arkansas, on the 9 ' day of July, 2001 , at 10:30 o'clock a.m. by the County
Court of Washington County, at which time you may appear and object or thereafter be barred.
laoul
MARILYN EDWARDS, County Clerk
Z)
By:
Deputy Clerk
EXHIBIT "A"
Part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section Two (2),
Township Sixteen ( 16) North, Range Thirty-one (3 1 ) West, being more particularly described as
follows: Beginning at the Southeast comer of said 40 acre tract; thence N 00° 11 ' 07"W along the
East line of said 40 acre tract 520.61 feet to the center of Hamestring Creek; thence along the
centerline of said creek, the following bearings and distances: North 85 ° 59' 24" West 139.51 feet;
North 41 ° 23' 43" West 55 .69 feet; North 72 ° 20' 48" West 101 .76 feet; South 78 ° 29' 37" West
362.08 feet; South 61 ° 19' 53" West 312.06 feet; North 76 ° 24' 12" West 262. 12 feet to the
centerline of County Road 877 ; thence along the centerline of said road, the following bearings and
distances; South 42 ° 06' 35" West 145 .89 feet; South 23 ° 53' 30" West 96.74 feet; South 02 ° 17'
31 "W 221 .27 feet; South 06 ° 23' 12" West 21 .5 feet to the South line of said 40 acre tract; thence
South 890 50' 24" East 1306.74 feet to the point of beginning, containing 14.47 acres, more or less,
Washington County, Arkansas. The above describe tract being subject to County Road right-of-way
along the West boundary and any other easements of record.
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 2001 -13
ORDER OF ANNEXATION
Now on this 9' day of July, 2001 , this cause comes on to be heard, the Petitioners, Alice Ann
Simkins, Living Trust, Alice Ann Simkins, Trustee, Fayetteville, 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 on June 5, 2001 , at which time this Court fixed
July 9, 2001 at 10:30 a.m., as the date of hearing for said cause, and that a full thirty (30) days notice
ofhearing 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.
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