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HomeMy WebLinkAboutOrdinance 4346 �: ; LE 01? r? ECo - - 001 NOU 20 PIq 3 37 B• STAMPS ORDINANCE NO. 4346 AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 01-3.00 FOR A PARCEL CONTAINING APPROXIMATELY 8.47 ACRES LOCATED AT 4840 CONSTITUTION DRIVE AS SUBMITTED BY ANDY FEINSTEIN ON BEHALF OF DON HENDRICKS AND ERIC HARPER 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 All , Agricultural. PASSED AND APPROVED this 6`h day of November, 2001 . 4, 0 ito �A %,. APPROVED: U • ,,• • � io l By: 4V4 DAN COODY, blayor y6j6M ctiv ATTEST : By: Bather Woodruff, City Clerk 2001149124 • ORDINANCE ;4346 Exi A EXHIBIT "A" LEGAL DESCRIPTION FOR ANX 01 -3.00 A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2 AND A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION ALL IN TOWNSHIP 16 NORTH OF RANGE 31 WEST, DESCRIBED AS BEGINNING AT A POINT SOUTH 00 DEGREES 27 MINUTES 21 SECONDS WEST 611 .48 FEET FROM THE NORTH COMMON CORNER OF SAID 40 ACRE TRACT, SAID POINT OF BEGINNING BEING THE INTERSECTION OF THE EAST BOUNDARY OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2 AND THE CENTERLINE OF THE COUNTY ROAD; THENCE ALONG THE CENTERLINE OF SAID COUNTY ROAD THE FOLLOWING BEARINGS AND DISTANCES: SOUTH 89 DEGREES 09 MINUTES 15 SECONDS EAST 330.38 FEET, NORTH 84 DEGREES 10 MINUTES 44 SECONDS EAST 90.98 FEET; THENCE DEPARTING SAID CENTER LINE AND RUNNING SOUTH 00 DEGREES 27 MINUTES 21 SECONDS WEST 720.35 FEET TO THE SOUTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1 ; THENCE NORTH 88DEGREES 56 MINUTES 49 SECONDS WEST 420.75 FEET; THENCE NORTH 00 DEGREES 27 MINUTES 21 SECONDS EAST 547. 14 FEET TO THE CENTERLINE OF HAME STRING CREEK; THENCE ALONG THE CENTERLINE OF SAID CREEK THE FOLLOWING BEARINGS AND DISTANCES: NORTH 87 DEGREES 13 MINUTES 40 SECONDS WEST 124.90 FEET, NORTH 53 DEGREES 45 MINUTES 14 SECONDS WEST 153. 74 FEET, SOUTH 71 DEGREES 14 MINUTES 29 SECONDS WEST 172.96 FEET TO A FENCE; THENCE LEAVING THE CENTERLINE OF SAID CREEK AND RUNNING NORTH 11 DEGREES 09 MINUTES 09 SECONDS WEST 100.00 FEET TO THE CENTERLINE OF THE COUNTY ROAD; THENCE ALONG THE CENTERLINE OF SAID COUNTY ROAD NORTH 78 DEGREES 40 MINUTES 20 SECONDS EAST 176.00 FEET; THENCE ALONG SAID CENTERLINE OF THE COUNTY ROAD SOUTH 89 DEGREES 09 MINUTES 15 SECONDS EAST 260.72 FEET TO THE POINT OF BEGINNING, CONTAINING 8.02 ACRES, MORE OR LESS. SUBJECT TO THAT PART ALONG THE NORTH SIDE EMBARCED IN THE RIGHT OF WAY OF THE COUNTY ROAD. LESS AND EXCEPT 30 FEET OFF THE NORTH SIDE OF THE COUNTY ROAD. 2001 1491 25 h Bette Stamps, Circuit Clerk end Ex-officio Recorder that this instrume far Washington County, Arkansas, do hereby tartly, nt was filed for record in my office as indicated hereon with and the same is now duly recorded in the and and certificate thereon Record Book and page as indicated thereon, IN WITNESS affixed WHEREOFI have hereunto set my cated hereon, hand and the seal of sai ,d Court on the date indi- Betty St ps Circuit k EX-Officio Recorder by y. NAME OF FILE: Ordinance No. 4346 CROSS REFERENCE: 11 /06/01 Ordinance No. 4346 Exhibit "A" (legal description for ANX O1 -3 .00) 10/18/01 Planning Division Correspondence to Mayor Coody & Fay. City Council, from Tim Conklin, City Planner, thru Hugh Earnest, Urban Dev. Director 10/08/01 Planning Commission Minutes (Page 12) and Planning Division Corresp. 06/05/01 Copy of Resolution No. 77-01 06/ 18/01 Copy of Memo from City Clerk 05/ 16/01 Copy of Memo to Fay. City Council from Donald Bunn, Asst. PW Director, thru Mayor Coody 05/21 /01 Letter to Mayor Coody from Don & Donna Hendricks 08/27/01 Decree of Annexation/County Court Case No. 2001 - 18 10/05/01 Annexation Report from Street Division 10/03/01 Annexation Report from Inspections Division 12/ 12/01 Record filed in Secretary of State' s office, Co. Order No. 2001 - 18 11 /06/01 Staff Review Form 11/16/01 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City Clerk NOTES : s 1 (0 04 rMa IVsn w 1 ORDINANCE NO, AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 01-3.00 FOR A PARCEL CONTAINING APPROXIMATELY 8.47 ACRES LOCATED AT 4840 CONSTITUTION DRIVE AS SUBMITTED BY ANDY FEINSTEIN ON BEHALF OF DON HENDRICKS AND ERIC HARPER. 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. PASSED AND APPROVED this day of November, 2001 . APPROVED: By: W4 eoa4 DAN CO DY, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT "A" LEGAL DESCRIPTION FOR ANX O1-3.00 A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2 AND A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTIONI ALL IN TOWNSHIP 16 NORTH OF RANGE 31 WEST, DESCRIBED AS BEGINNING AT A POINT SOUTH 00 DEGREES 27 MINUTES 21 SECONDS WEST 611 .48 FEET FROM THE NORTH COMMON CORNER OF SAID 40 ACRE TRACT, SAID POINT OF BEGINNING BEING THE INTERSECTION OF THE EAST BOUNDARY OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2 AND THE CENTERLINE OF THE COUNTY ROAD; THENCE ALONG THE CENTERLINE OF SAID COUNTY ROAD THE FOLLOWING BEARINGS AND DISTANCES: SOUTH 89 DEGREES 09 MINUTES 15 SECONDS EAST 330.38 FEET, NORTH 84 DEGREES 10 MINUTES 44 SECONDS EAST 90.98 FEET; THENCE DEPARTING SAID CENTER LINE AND RUNNING SOUTH 00 DEGREES 27 MINUTES 21 SECONDS WEST 720.35 FEET TO THE SOUTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1 ; THENCE NORTH 88DEGREES 56 MINUTES 49 SECONDS WEST 420.75 FEET; THENCE NORTH 00 DEGREES 27 MINUTES 21 SECONDS EAST 547. 14 FEET TO THE CENTERLINE OF HAME STRING CREEK; THENCE ALONG THE CENTERLINE OF SAID CREEK THE FOLLOWING BEARINGS AND DISTANCES: NORTH 87 DEGREES 13 MINUTES 40 SECONDS WEST 124.90 FEET, NORTH 53 DEGREES 45 MINUTES 14 SECONDS WEST 153. 74 FEET, SOUTH 71 DEGREES 14 MINUTES 29 SECONDS WEST 172.96 FEET TO A FENCE; THENCE LEAVING THE CENTERLINE OF SAID CREEK AND RUNNING NORTH 11 DEGREES 09 MINUTES 09 SECONDS WEST 100.00 FEET TO THE CENTERLINE OF THE COUNTY ROAD; THENCE ALONG THE CENTERLINE OF SAID COUNTY ROAD NORTH 78 DEGREES 40 MINUTES 20 SECONDS EAST 176.00 FEET; :THENCE ALONG SAID CENTERLINE OF THE COUNTY ROAD SOUTH 89 DEGREES 09 MINUTES 15 SECONDS EAST 260. 72 FEET TO THE POINT OF BEGINNING, CONTAINING 8.02 ACRES, MORE OR LESS. SUBJECT TO THAT PART ALONG THE NORTH SIDE EMBARCED IN THE RIGHT OF WAY OF THE COUNTY ROAD, LESS AND EXCEPT 30 FEET OFF THE NORTH SIDE OF THE COUNTY ROAD. r FAYETTEVILLE t THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain Sl. Fayetteville, AR 72701 Telephone: (501) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM: Tim Conklin, A.I.C.P., City Planner THRU: Hugh Earnest, Urban Development Director DATE: October 18, 2001 BACKGROUND ANX 01 -3 .00: Annexation was submitted by Andy Feinstein on behalf of Don Hendricks and Eric Harper for property located at 4840 Constitution Drive. The request is to annex into the city approximately 8.74 acres currently located in the Planning Area. The subject property adjoins the Bridgeport Subdivision to the south and the Fairfield Subdivision to the west. These recent subdivision developments have surrounded this property. As the Bridgeport subdivision was designed, the developer approached these property owners with a contract to allow for easements to cross the subject property to provide access to utilities and drainage for the proposed subdivision. As a part of that agreement, the developer of Bridgeport promised connections to water and sewer for the subject property. The City was not a party to this contract and only became aware of the conditions of the agreement after it had been put into place and the applicant requested sewer taps. The applicant is not requesting a rezoning with this annexation. The property, if annexed, will maintain an A- 1 , Agricultural designation. Maximum density on this property if zoned A- 1 would be 4 units. CURRENTSTATUS Staff recommended approval and the Planning Commission voted 8-0-0 to recommend approval to the City Council. RECOMMENDATION Staff recommends approval of the requested annexation. Planning Commission • October 8, 2001 Page 12 ANX 01-3.00: Annexation (Hendricks/Harper, pp 321) was submitted by Andy Feinstein on behalf of Don Hendricks and Eric Harper for property located at 4840 Constitution Drive. The request is to annex into the city approximately 8.74 acres currently located in the Planning Area. Estes: The next item of business is an annexation request submitted by Andy Feinstein on behalf of Don Hendricks and Eric Harper for property located at 4840 Constitution Drive. The request is to annex into the city approximately 8.74 acres currently located in the Planning Area. Staff recommends approval of the requested annexation based on the findings included as a part of this report. Is the applicant present? Andy, do you have a presentation you would like to make? Feinstein: No, it isjust my pleasure to present this annexation to the Commission and I am here to answer any questions you might have. Estes: Commissioners are there any questions of Andy at this time? Mr. Conklin? Conklin: I would just like to thank the developer of Bridgeport for working with Mr. Hendricks to • file the paperwork and bring this forward and get Mr. Hendricks annexed into the city, thank you. Estes: Is there any member of the public, any member of the audience who would like to comment on this requested annexation? Seeing none, I'll bring it back to the Commission for discussion, motions or comments. MOTION: Bunch: I move that we recommend ANX 01 -3 .00 to the City Council. Estes: We have a motion by Commissioner Bunch to approve the ANX request, is there a second? Marr: Second. Estes: We have a second by Commissioner Marr. Is there any discussion? We have a motion by Commissioner Bunch to approve ANX 01 -3.00 and a second by Commissioner Marr. Would you call the roll Renee? ROLL CALL: Upon the completion of roll call the motion to forward ANX 01 -3 .00 to the City • Council was approved by a vote of 8-0-0. ' Estes: The motion passes unanimously and the annexation request will be forwarded to the City Council for final disposition and determination. 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, Senior Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: October 8, 2001 ANX 01-3.00: Annexation (Hendricks/Harper, pp 321) was submitted by Andy Feinstein on behalf of Don Hendricks and. Eric Harper for property located at 4840 Constitution Drive. The request is to annex into the city approximately 8.74 acres currently located in the Planning Area. RECOMMENDATION: Staff recommends approval of the requested annexation based on the findings included as part of this report. PLANNINGCOMIVIISSION•ACTION Required PES O:Approved : O Denied Date ©ctober 8, 2001 CITY;COUNC L ACTION: . Required ,' YES . O Approved: J O Denied. Date; ;Novembe[ 6A20Q1x(--1'";reading) Comments: N:I USERSICOMMOMDAWN7IREPOR7SIPCI10-8-O11HENDRICKSDOC • BACKGROUND: The subject property adjoins the Bridgeport Subdivision to the south and the Fairfield Subdivision to the west. These recent subdivision developments have surrounded this property. As the Bridgeport subdivision was designed, the developer approached these property owners with a contract to allow for easements to cross the subject property to provide access to utilities and drainage for the proposed subdivision. As a part of that agreement, the developer of Bridgeport promised connections to water and sewer for the subject property. The City was not a party to this contract and only became aware of the conditions of the agreement after it had been put into place and the applicant requested sewer taps. The applicant is not requesting a rezoning with this annexation. The property, if annexed, will maintain an A- 1 , Agricultural designation. Maximum density on this property if zoned A- 1 would be 4 units. SURROUNDING LAND USE AND ZONING North: Residential, Washington County South: Single family dwellings, R- 1 (Subdivision under construction) East: Residential, Washington County West: Residential, County / Single family dwellings, R- 1 (Subdivision to be constructed) INFRASTRUCTURE: Access to this property is from Sunshine Road, a Washington County road. A new access drive was also created for this property from Constitution Drive within the Bridgeport Subdivision. Water and sewer are available to the site however sewer cannot be connected without annexation or a contract agreement between the City and the property owners. LAND USE PLAN: General Plan 2020 designates this site Residential. H.WSERSICOMMOMDA WN7IREPORMPCV 0-8-0I WENDRICKS.DOC § 161.03 DISTRICT A-1 C. Bulk and Area Regulations. AGRICULTURAL. Lot Width Minimum 200 ft. A. Purposes. The regulations of the Lot Area Minimum: Agricultural District are designed to protect Residential 2 acre agricultural land until an orderly transition Nonresidential 2 acre to urban development has been accomplished; Lot Area Per Dwelling Unit 2 acre prevent wasteful scattering of development in rural areas; obtain economy of public D. Yard Requirements (feet). funds in the providing of public FRONT SIDE REAR improvements and services of orderly YARD YARD YARD growth; conserve the tax base; prevent unsightly development, increase scenic 35 20 35 attractiveness; and conserve open space. B. Uses. E. Height Requirements. There 1. Permitted Uses. shall be no maximum height limits in the A- 1 District, provided, however, that any Unit 1 City-Wide Uses by Right building which exceeds the height of 15 feet shall be setback from any boundary line of Unit 3 Public Protection and Utility any residential district a distance of 1 .0 foot Facilities for each foot of height in excess of 15 feet. Unit 6 Agriculture Such setbacks shall be measured from the required yard lines. Unit 7 Animal Husbandry (Code 1991 , §160.030; Code 1965, App. A, Unit 8 Single-Family and Two-Family Art. 5(I); Ord. No. 1747, 6-29-89) 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.WSERSI COMMOMDAWMI REPORTS W C110-8-01 WENDRICKS.DOC RESOLUTION NO. 77-01 copy A RESOLUTION APPROVING A REQUEST TO PROVIDE CITY SEWER SERVICE FOR TWO (2) SEWER TAPS ON PROPERTY OWNED BY DON AND DONNA HENDRICKS LOCATED OUTSIDE THE CITY LIMITS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : R Section 1 . That the City Council hereby Approves a request to provide city sewer service for two (2) sewer taps on property owned by Don and Donna Hendricks located outside the city limits, on condition that Don and Donna Hendricks apply for annexation in the near future and the City will waive its annexation fee. PASSED AND APPROVED this day of June, 2001 . APPROVED: By: D CO DY, May ATTEST: / By: �J zol�i�i Bather Woodruff, City Clerk EAYEflE\uiiuLES -, THE CITY OF EAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Don Bunn, Public Works From: Heather Woodruff, City Clerk Date: June 18, 2001 Attached is a copy of the resolution regarding Don Hendricks sewer service. The original will be microfilmed and filed with the City Clerk. co(VTim Conklin, Planning ..y of DEPARTMENTAL CORRESPONDENCE May 16, 2001 To: Fayetteville City Council From: Donald Bunn, Asst. PW Director Thru: Mayor Dan Goody Subject: Request for Sewer Service Outside City Limits Don and Donna Hendricks 2090 Sunshine Road Attached is a letter from Don and Donna Hendricks requesting sewer service for their house and a house occupied by their grandson. The Hendricks property is located south of Sunshine Road and north of and adjacent to Bridgeport Subdivision, Phases 4, 5, and 6. The Bridgeport property is inside the City Limits, therefore, the Hendricks property is adjacent to the City Limits. I have attached two plats showing the Hendricks property and their location with respect to the City Limits and the City's sewer mains. You will note that the larger scale plat clearly shows two existing sewer line crossing the property. The east -west sewer line crossing their property along the north side has been in place for over 30 years. The sewer line shown cross their property going south has just recently been installed by the developers of the Bridgeport Subdivision. Some clarification items mentioned in the Hendricks letter is necessary. The contct mentioned in the letter is between the Mr. and Mrs. Hendricks and the developers of the Bridgeport Subdivision, the City is not a party to that contract. The contract requirements to provide water hookups, sewer taps, and a fire hydrant were commitments made by the developer to Mr. and Mrs. Hendricks in exchange for granting the City the necessary easements to serve the Subdivision. They were not commitments made by the City. • S The two "sewer taps" issued by the Inspections Department in April were actually plumbing permits. The sewer taps are in place, having been put in by the developer at the time the sewer line was installed. The Inspection Department was aware at the time the plumbing permits were issued that they were for houses outside the City Limits, however, it was their understanding that City Council permission would be obtained before the taps would be utilized. This request is specifically to allow the utilization of two sewer taps without having to annex into the City. The subject property is adjacent to the city limits and therefore could annex by petition. It has been the policy of the City to not grant sewer taps outside of the City Limits, especially in cases where the property in question can be annexed. The purpose of the policy is to encourage annexation to the City whenever possible. APR -24-2001 11:40 TIVE CARE • 5017131350 P.01 Don & Donna Hendricks 2090 Sunshine Road CR 877 Fayetteville AR 72704 Fayetteville City Council City Administration Building Fayetteville AR 72701 April 23, 2001 Dear Council Members: APR 2 4 001 We are applying to you for permission to tic on to the city sewer line running through our property at 2090-2096 Sunshine Road. Several months ago, we signed permission to Bridgeport Subdivision to cross out property with the necessary sewer lines for their Bridgeport project to proceed. This contract was submitted.bohhe zlanning Commission per their in tr'1^tions an&appmved by that-' . - group. The terms of the contract stipulated that two (2) water hookups, two (2) ewr taf ps(2)sewer and one (1) fire hydrant were items in the contract and also gave the city easement rights. taps, one is SO feet from our house and the other is approximately 60 feet from our grandson's house. We would like to point out that there is already a flow sewer line through to the pump station and a pressure sewer line sending these contents back to the disposal plant. There are also six (6) manholes on our property. It would be ludicrous to put in a septic tank and have the runoff eventually enter Hamestring Creek. Now we are experiencing difficulty from the city in using these agreed upon taps. We were issued a sewer tap on April 5, 2001 by Jan. I made it very clear that we were NOT in the city and she sent me to Washington County 911 for an address verification. I obtained that verification and paid the $40.00 and received my permit. The next day, Jan called my grandson's wife with a threat of "coming out to smoke your homes" and if we are hooked to the sewer the City would disconnect the sewer line and take out our water meters. Our grandson's wife had also been issued a water tap permit on April 17, 2001. Now we are told that although there is a permit for the water tap, the City hasn't approved Phase 5 of Bridgeport and we cannot have water from the Bridgeport Addition. Needless to say, this is a very frustrating experience. One suggestion has been that we apply for "coming into the city". While we realize that this is a possible and probably plausible mute, Donna and I are nearly 70 years old and for many years planned to retire on our little country acreage, hopefully avoiding the property taxes that reached such outrageous proportions on our town home. We feel that by allowing this sewer project; we have helped to provide the city of Fayetteville with a good deal of revenue from the additional homes this sewer project will afford. Your own city workers have pointed out that there are numerous homes outside the city limits with City sewer taps. We will certainly appreciate your approval of our application. Sincerely, on & Donna Hendricks TOTAL P.01 1 p •�,D '♦ �'I 1._. °, ° �9lpVC9O LLCLLL; p.lt � FT\it{) •: �'�! � •' jffTTm yy 1I i II IC 111 7jf�1/. J�N , • \• `• \ \ LL •�fl II IIiI .-Vf \ i41 • 1V1, eP ,�ryvy� `• .. / 1 I / n _tee x1' L.. 9 r S 4 •1 \Lct1J i Ri _______ \ C 'r.j� 0 1 1 ! trtr����A \ a e • I o � -. M y 1 y \ ♦ III T ^I ° I C/ F • • • ° Q 11 I � `\I1 '� •1 ., • IY� 111 \ \�-� 1 / ti 1 1• 1 � I/ \ YeL<6 • T \_ E a ' •caw \\ t. )z e 4:,may m 5'FT--- / ; /� �� 11� . \ \ .I\ ( .� i �.' C rte'' �• 1 C-� 1 \ l -//x'. °� ils� f' �y_�;• lG • ° eL L.9 �i I • C 9 • • • e•.J is �11p xece x- 4 tLxc�L L /11y/.�/ • . ( I • 1i ."l �•�I ��l. h fxn _________fl-i?, e TLC9i t4• .11 'I ry 1 0 w 0 DON & DONNA HENDRICKS 2090 Sunshine Road CR 877 Fayetteville AR 72704 Mayor Dan Coody Fayetteville City Administration Bldg Room 315 Fayetteville AR 72701 May 21, 2001 RE: WATER & SEWER 2090 & 2096 Sunshine Road • RECEIVED MAY 2 2 2001 CITY OF FAYETTEVILLE MAYOR'S OFFICE When speaking with Mr. Bunn last Thursday in reference to testing our water lines, he remarked that Mr. Petree was going to try to get our problem on the agenda for the next City Council meeting. I don't understand the "try". We were supposed to have been on the last agenda but due to someone's vacation this didn't happen. Donna and I are respectfully asking you to kick someone's a__ and get this on the agenda, which I understand is on the 29th. Thank you, 0 G�Ush)frA on IN THE MATTER OF ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS, CASE NO. CC CERTAIN PROPERTIES CONTIGUOUS TO SAID CITY OF WASHINGTON COUNTY, ARKANSAS PETITIONERS: DON & DONIaIHENDRICKS, ERIC & TAMMIE HARPER ENGINEERING DESIGN ASSOCIATES, P.A. (Agent) DECREE OF ANNEXATION joo I -fl C r, - D rn rn p rnp : •r.. D O C) On this, 77 day of __ ,-I- , 2001, a day of the regular term of the County Court of Washington County, Arkan s, there is presented to the court by the Petitioners or Engineering Design Associates, P.A., their agent, a Petition for annexation of certain territory, hereinafter more particularly described, to the City of Fayetteville, Arkansas, and the Court being fully advised of the facts and the law, doth hereby find, judge and decree as follows: I. The Court finds that the Petition for annexation was filed in the office of the Clerk of this Court more than thirty (30) days prior to this date. 2. The Court doth find that a majority of the total number of real estate owners in the area affected by the Petition have signed said Petition and that such majority owns more than one-half of the acreage affected. 3. The Court further finds that the territory sought to be annexed was accurately described in said Petition, or as amended, and that said territory is contiguous to the boundaries of the City of Fayetteville, Arkansas. 4. The Court further finds that attached to and made a part of said Petition is an accurate map of the territory sought to be annexed to the City of Fayetteville, Arkansas. The Court further finds that the prayer of the Petition is right and proper. WHEREFORE, THE COURT DOTH HEREBY ORDER, JUDGE AND DECREE that the following described territory be and the same is hereby annexed to and made a part of the City of Fayetteville, Arkansas, to -wit: TRACT I - LEGAL DESCRIPTION - DON & DONNA M. HENDRICKS: Warranty Deed 972-701 A part of the Northeast Quarter of the Southeast Quarter of Section 2 and a part of the Northwest Quarter of the Southwest Quarter of Section I all in Township 16 North of Range 31 West, described as beginning at a point South 00 degrees 27 minutes 2I seconds West 611.48 0 4 DECREE OF ANNEXATION (continued) feet from the North common comer of said 40 acre tract, said point of beginning being the intersection of the East boundary of said Northeast Quarter of the Southeast Quarter of Section 2 and the center line of the County Road; thence along the centerline of said County Road the following bearings and distances: South 89 degrees 09 minutes 15 seconds East 330.38 feet, North 84 degrees 10 minutes 44 seconds East 90.98 feet; thence departing said center line and running South 00 degrees 27 minutes 21 seconds West 720.35 feet to the South Boundary of said Northwest Quarter of the Southwest Quarter of Section 1; thence North 88 degrees 56 minutes 49 seconds West 420.75 feet; thence North 00 degrees 27 minutes 21 seconds East 547.14 feet to the centerline of Hame String Creek; thence along the centerline of said Creek the following bearings and distances: North 87 degrees 13 minutes 40 seconds West 124.90 feet; thence North 53 degrees 45 minutes 14 seconds West 153.74 feet, South 71 degrees 14 minutes 29 seconds West 172.96 feet to a fence; thence leaving the centerline of said Creek and running North 11 degrees 09 minutes 09 seconds West 100.00 feet to the centerline of the County Road; thence along the centerline of said County Road North 78 degrees 40 minutes 20 seconds East 176.00 feet; thence along said centerline of the County Road South 89 degrees 09 minutes 15 seconds East 260.72 feet to the point of beginning, containing 8.02 acres, more or less. Subject to that part along the North side embraced in the right of way of the County Road. LESS AND EXCEPT 30 feet off the North side for said County Road. TRACT 2- LEGAL DESCRIPTION - ERIC AND/OR TAMMIE HARPER Warranty Deed 2001-7374 A part of the Northwest Quarter of the Southwest Quarter of Section 1, Township 16 North, Range 31 West described as beginning at a point which is South 88 degrees 56 minutes 49 seconds East 420.75 feet and North 0 degrees 27 minutes 21 seconds East 34.00 feet from the Southwest corner of said 40 acre tract; thence N 88 degrees 56 minutes 49 seconds West 180.00 feet thence North I degree 3 minutes 11 seconds East 190.00 feet; thence South 88 degrees 56 minutes 49 seconds East 178.00 feet; thence South 0 degrees 27 minutes 21 seconds West 190.00 feet to the point of beginning, containing 0.78 acres, more or less, Washington County, Arkansas. THE COURT DOTH FURTHER ORDER that this Order be delivered to the County Clerk for the same to be properly recorded upon the records of Washington County, Arkansas, and the Clerk, after properly recording and filing the same, prepare transcripts and deliver on of the certified transcripts to the City of Fayetteville, Arkansas, one copy to the Secretary of State, and one copy to the Director of the Tax Division of the Arkansas Public Services Commission. 2 N-£ `\ / I 2-7166-31 0.877 / L -�' - -,�/ �. NW -SW 1-16-31 TRACT 1 TRACT 2 PAYETT V/LLE CITY LIMITS SE -SE 2-16-31 It a] 152 rsr >/ sw—sw ?5O/' 1-16-31 / 'is xi rY A. EXHIBIT "B" HENDRICKS-HARPER . ANNEXA TION WASHINGTON COUNTY, ARKANSAS �a DATE: -1 -01 cNEa® Bn RN wte 7-18-01 ErdrwN, DWG A�WOI�OM PA SCALE: 10 w 300, ,,, JOB NUU8 t 0578 P....u..rtora- W 1 OF I H . Legend Subject Property Boundary Master Street Plan ® anx01-3.00 'j Planning Mn cs_ , Freeway/Expressway "�-- Overlay DisWct Pdndpal Arterial Streets ccc-o. I CityLimits "¼a Minor Arterial \._. Existing L — — Outside City - \ - Collector -l✓;rn�Planned eeeee )ttodc Collector 0 100 200 400 600 800 Feet ANK01-03.00 HENDRI CKS/HARPER One Mile View R� �� II - I + we i I • AIIN . •mss Ir . I I I 1..1 1� .I-Ilr!I!�1=YZi.Vi11�1(�ILlrr�l�l�J .rl�lu� IG°1N1BG:pF .. gg�� Y �? ', I I ' .. �..1 � 1 i...��ll. i II 1 1 ..i.�i �1�1 •1, (��1�. I.. I�I�,Fiti I. - - ----_ ��•I Subject Property I i !ii • �(r'-- � :its lI ! I •le'. 31 ' I. P o'er I N 1 i R-1 :. .. I� a.: i1R 1 � -.R: �.. _ . i 1 ✓—` _Aye I' 1 t __— ;., r. IL as j I J �` 4 — _I M—VER STjt_Mil� J' "i _7.rI1'� r1_ --_- I i-R i= .15 A F�OS D-y`i' SIC HI Yr'Pi. umn t-Srl Lily. ! �"I'IrI .I Ir [ pa+! I`�' Lr- ��/< \,.Mf b .I,{`,� $ M]�5 1 p� , I •1 ! fi�R'1 �_qTi!-1 x �„ Ij!c �,.! I �IICl;IFN1. rmrs�-,,ll r^- IIi6., i_f Jl 'ice IaI RCC .�.. IJ -1_Ilf i .i• .IJflRlr4 ,.:' i..� � CI^ III Ilay I�!r1tRIP:f� il'Sri' _�-�-- -- ''1 -lF..-Rji.ysR•1s �;;LLYlltl' R-7 si i� R., wl �. r.._ �r l I rn A .11 I.._ 'a 1 A.t-r " .5�..... 1< --/J,1 _III !-�''< �i1� r,ReZ_ R.1i_ 1 IA '� A-1 _ _ -O 5. L �" A rysl _. —I �-A I li 71r IF_'�plN�rir AJRpH! AJ C-21. _._ _ I R-0 I I Lit II I' ItJun i m I 1 ill— m-JIV-II I R0 IC1C L. .R:aJ ! —(— i Isp. 7itrTuJ_ S)- I J�— e�1 ft-Offt-Of I I^ ..&1'`�RY -- A.1 1 IrrF '�L h.' _ I'll ..1DA"s��nl I ___ _-. R. ! — R1 2 I S Overview Legend -_--_r Subject Property Boundary Master Street Plan ANX01-03.00 ''.sPlanning Area '��i Freee'eyl Pre 'ey "' Pnd edal o Oveday D'etdct d pt� PelM Streets .. . ti I _ I Ciy Limiu %I Mina Medal _`��'�'� ` \_. Existing i O outside City ♦ Cdledo( - `II f' -1 - _ Planned e•e.e Flistodc Collector 0.125 0.25 0.5 0.75 1 Miba OCT-05-2001 14:27 CITY OF FRY - STREET DIV. • 0 501 444 3490 P.01/01 Division: Name / Title: Annexation / Rezoning Level of Service Report Date: ' Project: ANX 01-3.00: Annexation (Hendricks/HarPer, pp 321) was submitted by Andy Feinstein on behalf of Don Hendricks and Eric Harper for property located at 4840 Constitution Drive. The request is to annex into the city approximately 8.74 acres currently located in the Planning Area. Please provide comments regarding the impact of the proposed annexation which will be forwarded to the Planning Commission and City Council for their consideration when reviewing these requests. Responses and additional information may be continued on the back of this report or on additional pages as necessary. Current level and/or type of service provided (describe): /t!0N%ee 2. Statement regarding the impact of the proposed annexation on the level and/or type of service provided edby your division: / B p &Wyd(5zitCI t'77 /ail ve / o b e, 9 RR-Qei ,q,v Jim/el mile) eR I o c�. G,¢llY G� `�`} Qo e VNo (fuy�C f /�sq' q!{9Ue l /Q0/t s/are 7AGI� / i1,�e CofC/Y 70 /�7A�a/��N. Ko�)I wi�� nvej Je i9�/nDReaJ ggr?d) �a�p e �o.,vr icl 7h ZZZ e . A 7.¢x�9�Qc Coll>. lso/ Aldo/ C ANa / /I. VSERsto 0RUSIhendrickid4x }tq/g,N N�9N t? , nC 9 �� Sno /(eat �aR SN�g e n96{I k/so 2e Nejer� ON e 4th/eveA�uVy�•V l TOTAL P.01 Annexation / Rezoning Level of Service Report Division: Tr 1.15 P Ec.T104 Name / Title: Date: tO —? -- project: ANX 01-3.00: Annexation (Hendricks/Harper, pp 321) was submitted by Andy Feinstein on behalf of Don Hendricks and Eric Harper for property located at 4840 Constitution Drive. The request is to annex into the city approximately 8.74 acres currently located in the Planning Area. please provide comments regarding the impact of the proposed annexation which will be forwarded to the Planning Commission and City Council for their consideration when reviewing these requests. Responses and additional information may be continued on the back of this report or on additional pages as necessary. I 2, Current level and/or type of service provided (describe): t��u�lr trJsPcCT IF 5�2V�t� �3i Statement regarding the impact of the proposed annexation on the level and/or -type of service provided by your division: NS (o) Gcr%r SNSPec-nt n.l 5 -J%C S ►tE0 LAM 17S IN cl--v0rrJC' H: I USERSICOMMOMFORMSI hendricb. doc i � 5ECRBTq n S W� Any �RRAN9�9 Sharon Priest SECRETARY OF SPATE December 12, 2001 State of Arkansas SECRETARY OF STATE The Honorable Marilyn Edwards Washington County & Probate Clerk 280 North College Ave., 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: 12-12-2001 County: Washington City: Fayetteville Annexation: Ordinance No. - 4346 Co. Order No 2001-18 Plat -X Election - Island - Incorporation: Ordinance No. - Co. Order No. - Plat - 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 me at 1-800-482-1127 or 682-3451. Sincerely, Leanna Godley Election Services Represent ive 12-17-01A09:33 RCVD RECEIVED DEC 17 2001 CITY OF FAYETfEVILLE CITY CLERK'S OFFICE State Capitol • Little Rock, Arkansas 72201-1094 • (501) 682-1010 • STAFF REVIEW FORM • X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of November 6, 2001. FROM: Tim Conklin Planning Name Division Urban Development Department ACTION REQUIRED: To approve an ordinance for ANX 01-3.00 as submitted by Andy Feinstein on behalf of Don Hendricks and Eric Harper for property located at 4840 Constitution Drive. The request is to annex into the city approximately 8.74 acres currently located in the Planning Area. COST TO CITY: Cost of this Request Account Number Project Number BUDGET REVIEW: Category/Project Budget Category/Project Name Funds Used To Date Remaining Balance Program Name Fund Budgeted Item Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Manager D�attee y A orney Date Purchasing Officer Date Internal Auditor ADA Coordinator Date Date STAFF RECOMMENDATION: Staff recommended approval and on October 8, 2001, Planning Commission unanimously voted 8-0-0 to recommend approval and to forward the annexation to the City Council. jJ 1.�✓✓� /O -/£(u/ Division Head Date Goa Mayor Services D e / 101 Date J D Cross Reference New Item: Yes Prev Ord/Res #: Orig Contract Date: Orig Contract Number: AGENDA REQUEST FORM Council Meeting of June 1, 2001 Mayor's Approval FROM Don Bunn Public Works Admin Public Works Name Division Department ACTION REQUIRED Approval or denial of a request to provide sewer service outside of the City Limits. COST TO CITY -0- Cost of this Request Account Number Project Number BUDGET/CONTRACT REVIEW Budget Coordinator Accounting Manager Category/Project Budget Category/Project Name Funds Used to Date Funds Remaining Budgeted Item Program Name Fund Category Budget Adj. Attached Date Admin Services Director Date Date ADA Coordinator City Attorney Date Purchasing Officer Date STAFF RECOMMENDATION No recommendation Asst Public orks Director Date Department Director Date Admin Services Director - Date Mayor - Date Internal Auditor Date Date Cross Reference New Item: Yes No Prev Ord/Res # Orig. Contract # Orig. Contract Date Orig. Contract Number FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, Planning Division From: Heather Woodruff, City Clerk Date: November 16, 2001 Attached is a copy of Ordinance No. 4346 annexing property in annexation petition ANX 01- 3.00 located at 4840 Constitution Drive as submitted by Andy Feinstein on behalf of Don Hendricks and Eric Harper. The original will be microfilmed and filed with the City Clerk. cc: Jill Goddard, Engineering Scott Caldwell, Information Technology John Goddard, Information Technology 010 03 23t f Fayetteville Update Index Maintenance Document Item Action Reference Date Ref. Taken Brief D ORD 11062001 4346 ANNEXAT Enter Keywords........: File Reference #......: Security Class........: Expiration Date.......: Date for Cont/Referred: Name Referred to......: ORD. 4346 -. . C] 11/20/2001 7:45:22 escription ION/4840 CONSTITUTION DRIVE Retention Type: **** Active * Cmdl-Return Cmds-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp. 96crtera Ay 7RKANS Sharon Priest SECRETARY OF STATE December 12, 2001 • (%-d, �3 c� State of Arkansas I I-6-ol SECRETARY OF STATE A41CROPp�,MI�D The Honorable Marilyn Edwards Washington County & Probate Clerk 280 North College Ave., 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: 12-12-2001 County: Washington City: Fayetteville Annexation: Ordinance No. - 4346 Co. Order No 2001-18 Plat -X Election - Island - Incorporation: Ordinance No. - Co. Order No. - Plat - 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 me at 1-800-482-1127 or 682-3451. Sincerely, Leanna Godley Election Services Represen ive 12-17-01A09:33 RCVD RECEIVED DEC 17 2001 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE State Capitol • Little Rock, Arkansas 72201-1094 • (501) 682-1010