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HomeMy WebLinkAboutOrdinance 4534 ORDINANCE NO. 4534 AN ORDINANCE REPEALING ORDINANCE NO. 4518 FOR THE ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF 1 .08 ACRES LOCATED NORTH OF MT. COMFORT ROAD AND WEST OF RUPPLE ROAD, OWNED BY CAROL STEPHENS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby repeals the annexation to the City of Fayetteville, Arkansas, of that property described in Exhibit "A" attached hereto and made a part hereof. Section 2. That 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 above-described property is hereby located within the Planning Area of the City of Fayetteville, Arkansas. PASSED and APPROVED this the 16`h day of December, 2003 . Ni Err, ; . r i ��•� APPROVE r By: DAN COODY, `+� May ONATTTEST: By: &.!tl SAA SONDRA SMITH , City Clerk 0 C=) U C7 C., w c • p E: Q - U QJ G' O � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Lam. CD - Doc ID : 006814360002 TVDe . REL c Recorded : 12/29/2003 at 10 : 02 : 13 AM _ _ a, ',� Fee Amt : $11 . 00 Pace 1 of 2 Washlnaton Countv . AR J � = Bette Stamps circuit Clerk rn FS1e2003-00064828 EXHIBIT "A" ANX 03-04.00 A PART OF THE FRACTIONAL N %: OF SECTION 1 , TOWNSHIP 16 NORTH, RANGE 31 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF THE SW '/4 OF SECTION 31 , TOWNSHIP 17 NORTH, RANGE 30 WEST, THENCE S03003 '28"W 882.42 FEET TO A FOUND IRON PIN, AND THE POINT OF BEGINNING; THENCE S87°07 ' 12"E 191 .63 FEET, THENCE S03001 ' 57"W 244.64 FEET; THENCE N87007 ' 12"W 192.31 FEET; THENCE NO3° 11 ' 30"E 244.64 FEET, TO THE POINT OF BEGINNING, CONTAINING 46,964 SQUARE FEET OR 1 .08 ACRES, MORE OR LESS, AND BEING SUBJECT TO THE RIGHT OF WAY OF MT. COMFORT ROAD ALONG THE SOUTH SIDE THEREOF AND ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. Washington County, AR I certify this instrument was filed on 12/29/2003 10:02: 13 AM and recorded in Real Estate File Number 2003-00064828 Bette St�r�ips - Circuit Clerk by NAME OF FILE: Ordinance No. 4534 CROSS REFERENCE: Item # Date Document 1 11 /25/03 memo to mayor & city council copy of Close Up View draft ordinance copy of Ord. 4518 copy Wash. Co. Atty Itr copy of CC2003-8 Annex to Fay file attachments copy of memorandum annexation discrepancy copy of Future Land Use copy of Close Up View copy of One Mile View staff review form for 12/16/03 mtg 2 12/22/03 memo to Dawn Warrick 3 01 /02/04 Affidavit of Publication NOTES: 12/29/2003 Ifiled at the Wash. Co. Courthouse NORTI-VEST ARKANSAYDEDITION Arkansas Democrat 7VO5azeW RECEIVED JAN 0 5 2004 AAFFIDAVIT OF PUBLICATION CIIT/ CLEAWSbFFICE I, do solemnly swear that I am Leg6l Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge and reference to the files of said publication , that advertisement of: 04V - '63d was inserted in the regular editions on PO# D3- 3h q *' Publication Charge : $ 4 Subscribed and sworn to before me this I 60d day of (401 aU ry ORDINANCE NO. 45U _ _ n O ANORDINANCE REPEALING ORDINANCE NO. 4 E AN N TTHE CV OFEVILUtARKANSAS. OF 1.08 ACRES LOCATED NORTH OF MT. COMFORT ROAD AND WEST OF RUFFLEROAD, OWNED 'BY CAROL t Notary Public Ii STEPHENS W R Ommanlo BY THE CITY COUNCIL OF.THE CRY Cft m Fayet�B, Ili Commission � OF FAYETTEVILLE, ARKANSAS: My Co m m ISSN o n Expires: Section 1 . That Me City Co-mil of Ute City of Fayane . Arks sas hereby repeals the annexation to ft CUy of Fayenefle, Arkansas, M Vat property dosodbed In Ezltl rf •A• aneched hereto end made a part hereof. Section 2. That the offidel map of the Cry of Feyantwfle, Arkaraaa, is hereby:amended to;reflect Me {; change proNdod In Section 1 above. " Please do not pay from Affidavit. Section 3. That the above-described propeny.is hereby located witHn the PWrkQ Area of ft Qty of An invoice will be sent. Fayene4tle, Arkaraas. PASSED arid APPROVED fHs Ua 18U1 day of December. 2W3. APPROVED: ' BY: DAN COODY, Mayor ATTEST: official Seal By. SONDRA SMITH, CRY Clout BEAN-MICHAEL ARCO Ewflerr •A• Notary PublIC-Arkansas Aro` 03-0000 WASHINGTON COUNTY A PART OF THE FRACTIONAL N 1/4 OF SECTION 1, TOWNSHIP 16 NORTH. RANGE 31 WEST. OF nAV Commission Ex0rea 07.25.2013 THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY. ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: `~..� ... COMMENCING AT THE SOUTHEAST CORNER OF THE SW 1/4 OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST, THENCE $03°03'2M 882.42 FEET TO A FOUND IRON PIN, AND THE POINT OF BEGINNING; THENCE S87007'12'E 191 .63 FEEL THENCE S03001 '57•W 244.64 FEEL THENCE N87.07'1M 192.31 FEET; THENCE NW-11.30-E 244.64 FEET. TO THE POINT OF BEGINNING, CONTAINING 46,964 SQUARE FEET OR 1.08 ACRES, MORE OR LESS, AND BEING SUBJECT TO THE RIGHT OF WAY OF MT COMFORT ROAD ALONG THE SOUTH SIDE THEREOF AND ANY EASEMENTS, COVENANTS OR RESTRICTbV OF RECORD OR FACT. 212 NORTH EAST AVENUE 9 P.O. BOX 1607 • FAYE FTtvii LE, ARKANSAS 72702 -(501)-442=17Uo a4) /PY • City Council MAW of December 16, 2003 ysj¢ Agenda Item Number�Q4a lid CITY COUNCIL AGENDA MEMO y 191WW613� Z/ , moo To: Mayor Coody and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administratorx/4r Date: November 25, 2003 Subject: Repeal Ordinance No. 4518 (ANX 03-04.00) RECOMMENDATION Planning Staff recommends approval of an ordinance repealing Ordinance No. 4518 which annexed approximately 1 .08 acres into the City. BACKGROUND The subject property is located on the north side of Mt. Comfort Rd. west of Rupple Rd. There is one duplex on the site. Surrounding properties are undeveloped. Owners of property to the north and west are also seeking annexation and rezoning at this time. Future development plans include a phase of Clabber Creek subdivision to the east, a church to the north and a single family subdivision to the west. The subject property is not included in proposed future development proposals and was only considered for annexation in order to eliminate the creation of an island which would be surrounded by the City. DISCUSSION Ordinance No. 4518 was approved by the City Council on October 7, 2003 . At the same time, two adjacent properties were also being considered for annexation, 18.38 acres to the west owned by James Coger and 3 .95 acres to the north owned by Shiloh Community Church. At the City Council meeting, the church was permitted to withdraw its annexation request. Mr. Coger's property was annexed by Ordinance No. 4517. The information that was included on materials submitted to the Washington County Clerk for consideration of the annexation in preparation of an order of annexation (release) which was approved by Judge Hunton was not properly processed at that level. The Stephens' name was not included in the original petition as a property owner and the legal description for this property was altered between county and city actions. Because of these procedural defaults, the County Attorney, Mr. George Butler has deemed this annexation void. It is appropriate therefore, for the City to repeal the annexation ordinance in order to clear the record and to properly reflect the status of this property as being located within Washington County and not within the corporate City Limits of Fayetteville. BUDGETIMPACT None. 1 : I I `Y iiL•un:a:.: ii'u ri•u ' illi!.! q•aa iII '(':iii' j;!;i!I 11 it !!!!!! I, 1!lE!!Ei:% aii!jlj!liiil�;j!;fii!i;l! !iI!;I! i:W !"I :� :I�uo I�.lul ij; li,i I' � dj:r:, r^ liliiliij dill!!i iiliji�If�il�.ufili°' �!- ��� -- 1 r r • �jlili•jlii:!lii , :!:ii�!:lp.:. • rl'Ii!�II�' lii 'i� j!i ilii!i!:!•i! j Y � ::• :': : i ::lo!,::::1: lili Ill ::. !�Iillll!;liflii! urli;n:'i�' I 'i : (i!iEli •y!Ill': II! !III: I � :ll '4 _� �,-•__; _'_-'7 r • I : i l :J ta !�i! I �t!il'1000-�AA �Iji:'il!il�:jl i'iii;!ii!:j! I I: II' eOAee ♦ >O°0O000ee&or r r •OA AAA •. lII �Ijlli� � ,: I 'I•i�. i f i f irs0°4.0�0"AO ii I JI I :j ! i: iE i . I'IoA�.e - _ � Ill�l!fi!1Lil!fIIII � !lif!il'�fiE EI I �'�iCeOA��0.4L= ._ ._� 111 : • !i I i ��'ilii i ✓ 00000�' �— -1-1 : u;i�fiiiil!:I !'IEi!!iiil• 'Ii� `l1 °A°e°O°0°O�. 100.eeA � • r.:, ; : I. ,. vi'ii I l l l j II ►°O°O°A°A°e°C f I ' f!il •;.I:i :I:.i V Iljii'►oAA ♦Ov , _ it :' I i ' r::il!iiiii�j f is 000000 , ! ill ! EI! l i rt i in": ( tL !000eeo� , ( I�ii !L�l!I� ! IifI!I!f!'•fiE.I�iI !Iji •esseeA, fir- ❑ ' III' 1 'jii , i ,II l i!!!.li I " •°AAAA. -.,�I I' iill!'!�!ll is ,�'I°I'ill!ii�i I II i!ikl � ►°i > �• �!Ill�lil iE!I� EI li`i!i!I'i�:I! I!�jj^ ►�f, i� ' "� f E ! iIlilil!I II �I'•!lilii!�liil�all" ���, I ., ff, _ ' fill we .. •'• - - i LIb•�I,.i�l li !.I��d!:.;:ui!:�AI!7:, t : I o ' Legend I 1 1 4 1 Q 1 ' R • - .. 0008 m • Cny 0 150 300 600 900 1 ,200 ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. 4518 FOR THE ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF 1 .08 ACRES LOCATED NORTH OF MT. COMFORT ROAD AND WEST OF RUPPLE ROAD OWNED BY CAROL STEPHENS. BE IT ORDAINED BY THE CITY COUNCIL THE . CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council hereby repeals annexa ' to the City of Fayetteville, Arkansas, of that property described ' it "A" attach eto and made a part hereof. Section 2. That the official map o th Ci •. of Fayetteville, Arkansas, is hereby amended to reflect the change provided in Secti above. Section 3. That the abovetescribed property i hereby located within the �ffPlanning Area of the City of Fayettele� ka=sas. PASSED AND AP O D this Vday!f 2003 . � y *+4*APPROVED: By: 'ilkDan Coody, Mayor ATTEST: By: Sondra Smith, City Clerk EXHIBIT "A" ANX 03-04.00 A PART OF THE FRACTIONAL N '/2 OF SECTION 1 , TOWNSHIP 16 NORTH, RANGE 31 WEST, . OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SW '/4 OF SECTION 31 , TOWNSHIP 17 NORTH, RANGE 30 WEST, THENCE S0300312851W 882.42 FEET TO A FOUND IRON PIN, AND THE POINT OF BEGINNING; T S8700771277E 191 .63 FEET, THENCE S03°01 '57"W 244.64 FEET; THENCE 7007' 12"W 192.31 FEET; THENCE NO3° 11 '30"E 244.64 FEET, TO THE P ' OF BEGINNING, CONTAINING 469964 SQUARE FEET OR 1 .08 AC O OR LESS, AND BEING SUBJECT TO THE RIGHT OF WAY OF M,,T, a MFOR AD ALONG �� THE SOUTH SIDE THEREOF AND ANY E EMNTS, CO S OR RETSRICTIONS OF RECORD OR FACT. Nov 26 03 11 : 27a ty Clerk ' s Ofc 5716 - 7695 p . 1 ORDINANCE NO. 4518 AN ORDINANCE CONFIRMING THE ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF 1 .08 ACRES LOCATED" NORTH OF MT. COMFORT ROAD AND WEST OF RUPPLE ROAD OWNED BY CAROL STEPHENS. 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. That 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 R-A, Residential Agricultural to the subject property. Section 4. That the above-described property is hereby assigned to Ward No. Four. c') c+ ' o PASSED AND APPROVED this the 71° day of October, 2003. ``� APPROVED: u � U0 C" s: N Dan Coody, Mayor ATTEST: By: Aaudu..7 6mu L Sondra Smith, City Clerk �QIIN��INtlI®�IIN��UmII��IkY1811�tlU�l Doe ID: 10/24/20000a Tvoe : REL Fee 10/24/pace at 09 : 13 : 01 M Fee Nnt : li1 .DD Feae 1 of 2 Meshlnaton County , AR Bette atemoe Clroult Clerk Flle2003-00055993 Nov 26 03 11 : 27a ty Clerk ' s Ofc 5j 718 - 7695 p . 2 EXHMIT f°A" ANX 03-04.00 A PART OF THE FRACTIONAL N '/� OF SECTION 1, TOWNSHIP 16 NORTH, RANGE 31 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SW %4 OF SECTION 31 , TOWNSHIP 17 NORTH, RANGE 30 WEST, THENCE S03003728"W 882.42 FEET TO A FOUND IRON PIN, AND THE POINT OF BEGINNING; THENCE S87007' 12"E 191 .63 FEET, THENCE S030011579*W 244.64 FEET; THENCE N87°07' 12"W 192.31 FEET; THENCE NO3°11 '30"E 244.64 FEET, TO THE POINT OF BEGINNING, CONTAINING 46,964 SQUARE FEET OR 1 .08 ACRES, MORE OR LESS, AND BEING SUBJECT TO THE RIGHT OF WAY OF MT. COMFORT ROAD ALONG THE SOUTH SIDE THEREOF AND ANY EASEMENTS, COVENANTS OR RETSRICTIONS OF RECORD OR FACT. RECEIVED �n NUV 19 2003 PLANNI ►�� (� 1 , GEORGE E. BUTLER JR. zaoN Nrth c'oLG QLVoo County Attorney Fayetteville, AR 72701 WASHINGTON COUNTY, ARKANSAS County Courthouse November 18, 2003 Geoffrey Bates 4102 Ettington, Drive Rogers, AR 72758 Kit Williams, City Attorney City Administration Building 113 W. Mountain Fayetteville, AR 72701 City of Fayetteville, Planning Department City Administration Building 113 W. Mountain Fayetteville, AR 72701 RE: CC 2003-8; Coger, and CC 2003-7; Shiloh/Stephens Annexations to the City of Fayetteville Filed by Geoffrey Bates Ladies and Gentlemen: This letter is to advise you of problems with the above stated annexations. This should not have happened; henceforth; no order of annexation will be signed without fust confirming that the legal description is the same in the petition notice and the proposed order. Furthermore, annexations to the City will be void if the City,, in its accepting ordinance, changes the legal description. It is my opinion that these two (2) annexations are in fact void, despite my decision to amend the County Court order in the Coger annexation to comport with the City's accepting ordinance. Clearly, the Shiloh/Stephens annexation is void. Case law indicates that these can be attacked at any time as. they void "ab initio"; that is, there is no statute of limitations. Petitioners or their representatives must get their legal descriptions cleared by the City before they file a petition and notice with the County Clerk and present any documents to the County Judge for signature. Telephone: 479 / 973-4415 • FAX- 479 / 444-1710