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Home My WebLink AboutOrdinance 4463 Z ORDINANCE NO. 4463 AN ORDINANCE CONFIRMING THE ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERTAIN PROPERTY OWNED BY GEORGE AND SARALEE ANDERSON 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 that property described in Exhibit "A" attached hereto and made a part hereof. Section 2 . The official map of the City of Fayetteville, Arkansas, is hereby amended to reflect the change provided in Section 1 above. Section 3 . That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to assign the zoning designation of A- 1 , Agricultural to the subject property. Section 4. That the above-described property is hereby assigned to Ward No. Three. uPASSED AND APPROVED this the 181h day of February, 2003 . '10p E a i APPROVED: ik0By: DAN COODY, or N , / ATTEST -� o IIIIIIIIIIIIII IIIV IIIIIIIIIIII IIIIIIIIII VIII VIII VIII VIII VIII VIII IIIIIIII : Doc ID : 004357930002 TVDe : REL Recorded : 03/07/2003 at 10 : 44 : 34 AM Fee Amt : $11 . 00 Pace 1 of 2 By: Vashlncton county . AR Sondra Smith, City Clerk Bette stamos circuit clerk File2003-00015852 EXHIBIT "A" A part of the Northeast Quarter (NE '/4) of the Northeast Quarter (NE '/4) of Section Nineteen ( 19) and a part of the Southeast Quarter (SE '/4) of the Southeast Quarter (SE '/A) of Section Eighteen ( 18) Township Seventeen North (17) Range Twenty-nine (29) West in Washington County, Arkansas, being more particularly described as follows, to-wit: From a found iron pin being the Southwest Comer of the Northeast Quarter (NE '/<) of the Northeast Quarter (NE '/<) of said Section Nineteen (19) run North 00°04'09" West — 1 ,309.72 feet along the East line of Copper Creek Subdivision to an iron pin at the Northeast Corner of said Subdivision and on the South Boundary Line of the Nooncaster tract as decreed in the Circuit Court Order of May 21 , 2002; thence along said South Boundary Line of he Nooncaster tract South 89042'42" East — 1 .71 feet to the Southeast comer thereof; thence North 00°00'42" East 658 . 11 feet along the East Boundary Line of said Nooncaster tract to an iron pin; thence leaving the East Boundary line of said Nooncaster tract and running South 89055 ' 10" East- 659. 56 feet; thence South 89 54'03" East — 659.48 feet; thence South 00°00' 50" East — 662.20 feet; thence South 00° 18'57" East 819.63 feet; thence North 89°30'01 " West — 420.84 feet; thence South 01 °34'41 " West — 272.45 feet; thence South 89°01 '36" East — 429.91 feet; thence South 00° 18 ' 57" East — 205.68 feet; thence South 89°54'04" West — 13326.64 feet to the POINT OF BEGINNING, containing 57.00 acres, more or less. �Q 0 s �c,��q�pptiJ`Q0d ptia�O a�8� 0�0 �ppp00-a gpyJ.,�J� 41 y0A ACj%t�Jco Q JO �a-�, of State & Arkansas Secretary of State '1Rg�Ngt� Charlie Daniels Secretary of State March 11 , 2003 The Honorable Karen Combs Pritchard Washington County & Probate Clerk 280 North College Ave., Suite 300 Fayetteville, AR 72701 Dear Ms. Prithcard: The Following Information has been recorded and filed in the Office of the Secretary of State: Date: 03/ 10/2003 County: Washington City: Fayetteville Annexation: Ordinance No. - 4463 Co. Order No CC-2002- 12 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 Representative Boom 166 State Capitol • Lillie Rock, Arkaosaa 72201.1094 R EC E I A, ED 601.682.1010 • Fax 601.682-3610 003 e-malt: eos®aristotle.net • www.eoeweb.statear ue CITY OF F., ,_',-I'EVILLE CITY CLERK'S OFFICE NAME OF FILE: Ordinance No. 4463 CROSS REFERENCE: Item # Date Document 1 02/18/03 Ord. 4463 w/Ex. "A" 2 1copy of 1/17/02 memo to mayor/city council copy of Decree of Annexation draft ordinance copy of Planning Commission minutes pertaining to submit property copy of 1 /9/03 memo to Planning Commission w/attachments copy 2/3/03 memo to City Council w/attachments 3 02/25/03 memo to Tim Conklin 4 03/03/03 lAffidavit of Publication from NW Ark. Gazette NOTES : NORTIJ# VEST ARKANSA* EDITION A &ansas Democrat IV 05azette RECEIVED MAR 0 4 2003 CITY OF FAYETTEVil i AFFIDAVIT OF PUBLICATIOI�ITMCLERK'S OFFICE do solemnly swear that I am Legi4l Clerk of the Arkansas Democrat-Gazette newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge and /Ireference to the files� of said publication , the advertisement of: ytCL�ci )Q n CSP > Y f10 . 3 was inserted in the regular editions on ** Publication Charge : $ /0 0 Subscribed and sworn to before me this 3 day of ! 2003. ORDINANCE NO. 4463 AN ORDINANCE CONFIRMING THE ANNEXATIONTO THE CRETT Y OF FAYEVILLE. ARKANSAS, OF CERTAIN PROPERTY , (.� OWNED BY GEORGE AND SARALEE ANDERSON. NOtary PUbIIc BE R ORDAINED By THE CITY CQINOL OF THE CITY OF of cB I FAYETTEMLLE. ARKANSAS: f Section 1. That the Oty Council hereby conflrtha the amexatiori to the City a Fayene.4De ArYers�ffis•ol, My that ProPerTY described In Echbit 'A' attached hereto Snot node a Pon hereof. . r s:missi TA NI Section 2. The official map of the City of Fayanwil e, Arlarsa;. Is hereby artanded to rafiect the Charge. Notary Public-A u Pro+iam in SePm, 1 above. . W ASHING E Pi 9O5 1,1-05-2011 Serlion 3. That the oRnlel Zoning h S t of the City of FayefteMe, Arkansas IS hereby ananlod to assign the zoning designation of A-1. AgftgLff l to the sub)act property.** PI a� I Section 4. That the above-described Property Is hereby assigned to Ward No. Three. �f#f An voice will be sent. PASSED and APPROVED INS the 18th day of Fel>vay, 20M. APPROVED: ,.. Ely'. v a Dan Goody, Mayor ATTEST: By, y Sondra Smith, Cly Clerk . ..;j EXHIBIT •A' A Pan of the Northeast Quarter (NE J of the Northeast Quarter INE ) of Section Nineteen (19) and a I Pah of the Southeast Quarter (SE J of the Sauaeast Cuarter (SE J O Section Bghteen (18) Tc4Ta p Seventeen Nath (17) Range Twenty-nine (29) wast n wasti gtm Gouhty, Arkansas, betegmac Pahiculary described as follows, to-M: ; 11 From a faand bon pn being the Sovitrwest Caner of the Northeast Quarter INE J W the NWh8e6 Ouauer (NE J M said Section Nineteen (19)_run North 03°04'09' west - 1,309.72 fact along t h East Me of Copper Greek SuaclMsian to an iron Pin at the Northeast Corner of said Suodeisim and on the South Boundary Una of the Nooncesta tract as decreed in the Ckcuit Cart Order of May 21.2032; hence along Sao South Boundary Line of he Noonccester tract South'89°42'42' East - 1.71 fact toe e Southeast comer thereof; thence North 03 58 °00'42' East 8 .11 feat along the East Boundary Litie Of said Nooncaster tract to an Iran pin; ttance 694g the East BourA y the of salcl Noohnasta,trnp�.itand ruvh,g South 89.55'IT East- 659.55 feet:.lhaee South 89 54'03' East - 659.48 feet: theme South 00°00'50' East - 682.20 feet; thence South03°18'57' East 819.63 feel: thence North 89930101'Wast - 420.84 feet; thence Sash 01°34'41' west- 272.45 feet; thence Sa111189°01'38' East - 429.91 feet: thane South00'18'57' East- 205.68 ireb Bherne South 89.54'04'West - 1,328.64 feet to the POINT OF BEGINNING. containing 57.00 acres, rnae or less. M 212 NORTH EAST AVENUE P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 (501 ) 442-1700 FAYETTE�'I LLE ' THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin Community Planning & Engineering Services From: Clarice Buffalohead-PearmanU City Clerk Division Date: February 25, 2003 Re: Ord. No. 4463 Attached is an executed copy of the above ordinance approved by the City Council February' 18, 2003, approving ANX 03-01 .00, annexing 57.00 acres, located at 3632 E. Zion Road, to the city of property owned by George and Sara Lee Anderson. This item will be microfilmed and filed with the city clerk's office. If anything else is needed please let the clerk's office know. Icbp cc: Nancy Smith, Internal Auditor FAYETAVILLE i THE CITY OF FAYETTEVILLE, ARKANSAS City Council meeting of Feb. 4, 200 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501 ) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM: Shelli Rushing, AICP, Associate Planner THRU: Tim Conklin, City Planner DATE: January 17, 2003 ANX 03-1.00: Annexation (Brandon/Anderson, pp 61/100) was submitted by Michele Harrington of Harrington, Miller, Neihouse & Krug on behalf of Gary Brandon of Gary Brandon Enterprises, Inc. for property owned by George & Saralee Anderson and located at 3632 East Zion Road. The property is in the Planning Area and contains approximately 57.00 acres. The request is to annex into the City. BACKGROUND: The subject property is located west of George Anderson Rd. and north of Zion Rd. and is currently used for agricultural purposes. If the annexation is approved, the applicant would like to rezone the property to R- 1 , Low Density Residential. The rezoning, RZN 03-4 (Anderson) is an accompanying item to this annexation request. The proposed rezoning could result in 228 units (57.01 acres x 4 du/acre). Using 2.21 persons per occupied unit (2000 Census for Fayetteville), the total population of this rezoning could be 504 persons. Using Trip Generation rates, the average weekday two-way volume is 2, 182. The Saturday two-way volume is 2,301 . George Anderson and Zion are both designated as Collectors on the Master Street Plan. A collector is designed for 4,000 vehicles per day, or 6,000 vehicles per day with a left turn bay. The Engineering Division, Police Department and Fire Department have responded to the annexation request. They have not indicated that the property should not be annexed. However, the Police Department did comment on the increase in patrol responsibility due to the increase in area to cover. Staff is recommending approval of the requested annexation. The property has access to utilities and can adequately be served by the city. CURRENT STATUS: On January 13, 2003, the Planning Commission voted 8-0- 1 to recommend to the City Council approval of the requested annexation. RECOMMENDATION: Approval of the requested annexation. K:IREPOR7SI20031CCREPORZSWEBRUARN4NX3-1 ANDERSONDOC IN THE COUNTY COURT OF WASHINGtYN-000NTY, ARKANSAS � t IN THE MATTER OF: 0J 12 Pf1 1 34 ANNEXATION OF CERTAIN LANDS TO THE CITY OF FAYETTEVILLE, ARKANSAS r". ° iL .{ li r n `,'�AcnS Case No. CC 2002-12 CC- & PROB ,; T E CLERK -j- CO. ARK . DECREE OF ANNEXATION Now on this 12th day of November, 2002, this cause comes on to be heard, the Petitioners, George E. Anderson and Saralee F. Anderson, husband and wife, represented by their attorneys, Harrington, Miller, Neihouse & Krug, P.A., of Springdale, Arkansas, announcing ready for a hearing of the cause and there being no protests or objections filed, whereupon, the matter is submitted to the Court upon the verified petition filed herein, and any oral and documentary evidence adduced, the Court being well and sufficiently advised of the facts and the lav, doth hereby find, judge and decree as follows: 1 . The Petition in this cause was filed on October 3, 2002, at which time this Court fixed Tuesday, November 12, 2002, at 1 : 30 p. m ., as the date and time of hearing for said cause, and that a full thirty (30) days has passed since the filing of the Petition , and this Court has jurisdiction of the persons and subject matter of this cause of action, and venue is proper herein . 2 . The Petition filed herein named Harrington, Miller, Neihouse & Krug, P.A. to act on behalf of Petitioners in filing and presenting the Petition to the Court and handling all matters connected with the Petition, as well the required notices, and this and any other hearings or annexation proceedings connected therewith . Order of Annexation Page 1 of 3 George and Saralee Anderson 3 . Harrington, Miller, Neihouse & Krug, P.A. has given Notice of hearing on the Petition as required by law, and the proof of publication of said notice is now on file with the Clerk of this Court. 4. The Court is satisfied that the allegations of the Petition filed herein are sustained by the proof, and that a majority of the total number of real estate owners in the area affected by this Petition have signed said Petition, and that such majority owns more than one-half ( 1 /2) of the acreage affected. 5 . The land and territory sought to be annexed to the City of Fayetteville, Washington County, Arkansas, in this cause is described as follows : A part of the Northeast Quarter (NEI /4) of the Northeast Quarter (NEI /4) of Section Nineteen ( 19) and a part of the Southeast Quarter (SEI /4) of the Southeast Quarter (SEI /4) of Section Eighteen ( 18) Township Seventeen North ( 17N ) Range Twenty-nine West (29W) in Washington County, Arkansas, being more particularly described as follows, to-wit : From a found iron pin being the Southwest Corner of the Northeast Quarter (NEI /4) of the Northeast Quarter (NEI /4) of said Section Nineteen ( 19) run North 00 ° 04'09" West — 1 , 309 . 73 feet; thence north 00° 09 '38 " East — 658 . 10 feet; the South 89055 ' 10" East — 659 . 56 feet; thence South 89 ° 54 '03 " East — 659 .48 feet; thence South 00000 '50 " East — 662 . 20 feet; thence South 00018 '57" East — 819 . 63 feet; thence North 89 ° 30'01 " West — 420 . 84 feet; thence South 01 ° 34 '41 " West — 272 . 45 feet; thence South 89 ° 01 ' 36 " East — 429 . 91 feet; thence South 00 ° 18 '57" East — 205 . 68 feet; thence South 89054 '04" West — 1 , 326 . 64 feet to the POINT OF BEGINNING, containing 57.01 acres, more or less. and, the same is accurately described in the Petition filed herein . 6. Attached to and made a part of said Petition is an accurate map of the above- described territory that is sought to be annexed to the city of Fayetteville, Arkansas . Order of Annexation George and Saralee Anderson Page 2 of 3 7. The above-described is property not unusually large and it is contiguous and adjacent to and adjoins the present boundaries of the City of Fayetteville, and this territory should be annexed to and made a part of the City of Fayetteville, Arkansas . 8 . The prayer of the Petition filed herein is right and proper and should be granted . IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that the aforesaid real estate situated in Washington County, Arkansas, is hereby annexed to and made a part of the City of Fayetteville, Arkansas, in accordance with Act No. 1 of the acts of the Legislature of 1875 of the State of Arkansas and all acts amendatory thereto, particularly including Act 142 of the Acts of Arkansas for the year 1963, as codified in Ark . Code Ann . X14-40-601 , et seq . IT IS FURTHER CONSIDERED, ORDERED AND ADJUDGED that the original papers in this cause be delivered to the Clerk of Washington County, Arkansas, with the same to be properly recorded upon the records of Washington County, Arkansas, and the Clerk, after properly recording and filing the original papers, is directed to prepare certified transcripts of the same; that one of the certified transcripts shall be delivered 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 Service Commission . Jl RR HUN ON , County Judge Order of Annexation George and Saralee Anderson Page 3 of 3 ANX03- 1 . 00 One Mile View ANDERSON I I it Ili' I i 1 IVEV z , GUM LN —; L i o gItz 1} CRElK KD ° Wd i Pµ . EEK RD CE '— 0.,ALSTOe1Ja I ' 7�, u 1 1� i I SUBJECTPROPERTY 1 `xi14.�A'p=. I 1 1 J LAK FAYE VILLE _ _ �IJASPER IL L� "� IfI � 'I IJrT" r Z �-�_ MOWARO ANO�SQN 1 . K �•\ $ HFARTNBTOl;IFDR' cl NE pR�- h la r z Y.+I r ZION RD oI mirz`OWN :o l `ftLNTiUIMAN. �10� •• 9 MNDAL PL ._. .� --. Imo. -�.I ._ ♦ � tt f _ w — 3 SAA' �+I 1-- - IE RDA 1 . � I ♦ r� �m>:R. yea ._. . _.. .. .... I > 1 I I < yl _ II ek aL`e1 Ni IA d- I I �NNL� 4L, I ZQA�+ le vlWIN Overview Legend Subject Pro Boundary PeKY Master Street Plan - �d•'J7 J-1 ANX03-1.00 "�_� Planning Area � Rnn aylEw.uway I GY o coo 0 Overlay District td. Rrlrcvrcel l Ma Straeb '00000° 1 City Limits �,e.Minor Menet L _ _ I . p011aa0r Planned nl Outside City eeee MUMnc Calaaor 0 0. 1 0.2 0.4 0.6 0. Iles