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HomeMy WebLinkAboutOrdinance 4555FIC FD ORDINANCE NO, 4555 f�HY 2? AN ORDINANCE CONFIRMING TIIE y}'tIQ��Q L} CITY OF FAYETTEVILLE, ARKAN^QTj^,VIAi"12� PROPERTY OWNED BY DUNNERSTOCK DEVft6P1 INC, LOCATED ON RUPPLE ROAD NORTH F WEDINGTON DRIVE CONTAINING APPROXIMATELY 17.19 ACRES. BE IT ORDAINED BY TI4F, 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 R-A, Residential Agricultural to the subject property. Section 4: That the above -described property is hereby assigned to Ward No. Four. PASSED and APPROVED this 201k day of April, 2004. ". ;< ;FAYETTEVILLE; ATTEST: By: S RA SMITH, City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 007275450002 TVDe: REL Recorded: 05/21/2004 at 08:16:00 AM Fee Amt: $11.00 Paoe 1 of 2 Vashlnoton County. AR Bette Stamps Clrcult Clerk F11e2004-00019663 EXHIBIT "A" ANX 03-05,00 A PART OF THE NORTHWEST QUARTER (NW '/4) OF THE NORTHEAST QUARTER (NE ''/a) OF SECTION TWELVE (12), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S00025' 14"E ALONG THE EAST LINE OF SAID 40 ACRE TRACT 331.48 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING IN RUPPLE ROAD AND FROM WHICH A ''h" IRON REBAR REFERENCE IRON SET ON THE WEST RIGHT OF WAY LINE OF SAID ROAD BEARS N89058'50"W 22.68 FEET; THENCE S00°25'14"E 607.93 FEET TO A POINT IN RUPPLE ROAD FROM WHICH A %2" IRON REBAR REFERENCE IRON SET ON THE WEST RIGHT OF WAY LINE OF SAID ROAD BEARS S89011'31"W 25.77 FEET; THENCE LEAVING THE EAST LINE OF SAID 40 ACRE TRACT AND RUNNING ALONG AN EXISTING FENCE S89011'31"W 350.00 FEET TO A SET''/2" IRON REBAR; THENCE S00°25' 14"E 257.72 FEET TO A SET ''/2" IRON REBAR; THENCE N89059'009'W 39.39 FEET TO A SET %2" IRON REBAR; THENCE S00°50'38"W 123.76 FEET ALONG AN EXISTING FENCE TO A SET %2" IRON REBAR ON THE SOUTH LINE OF SAID 40 ACRE TRACT; THENCE N89°59'00"W 503.85 FEET ALONG THE SOUTH LINE OF SAID 40 ACRE TRACT 503.85 FEET TO AN EXISTING IRON AT THE SOUTHEAST CORNER OF WILLOW SPRINGS SUBDIVISION; THENCE N00006'36"W 994.45 FEET ALONG THE EAST LINE OF SAID SUBDIVISION TO A SET %2" IRON REBAR; THENCE LEAVING THE EAST LINE OF SAID SUBDIVISION S89°58'50"E 890.58 FEET TO THE POINT OF BEGINNING, CONTAINING 17.19 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 17.19 ACRE TRACT BEING SUBJECT TO THE RIGHT OF WAY OF RUPPLE ROAD ALONG THE ENTIRE EAST BOUNDARY. FILED �r.03 AUG 5 P/� 3 y6 l:irr CO, SS r kru. �ROBa4C`�sa�if3 IN THE COUNTY COURT OF WASHINGTON G$OIJI�'5 �l$y4S No. cc. aOo3 - AL IN RE: ANNEXATION PETITION OF WILBUR MAURICE RANKIN, et al. ANNEXATION PETITION For their Annexation Petition, the undersigned Petitioners state: 1. Petitioners are the owners of a majority of the real property described in Exhibit "A" attached hereto. Said property is contiguous to and adjoining the City of Fayetteville, Arkansas. 2. Petitioners name James N. McCord, attorney at law, as the person authorized to act on behalf of Petitioners in this annexation proceeding. James N. McCord can be contacted at 11 N. West Ave, Suite 202, Fayetteville, AR 72701; telephone (479) 695-1134; Fax (479) 695-1135. 3. Attached hereto as Exhibit "B" is an accurate map of the real property described in Exhibit "A" attached hereto. WHEREFORE, the undersigned Petitioners pray that the Washington County Court enter an order granting this Petition and annexing, the territory described in Exhibit "A" attached hereto to the City of Fayetteville, Arkansas. PETITIONERS WILBUR MAURICE RANKIN RECER1170 MAY 2 R 2004 .;iTY OF FAYE i i CV iu.c CITY CLERK'S OFFICE Signature page for Annexation Petition of Wilbur Maurice Ranking, et al. RAYMOND RANKIN SUSAN BOWEN �r '+'VY-03-5.00 �i�b/prf Q IN THE COUNTY COURT OF WASHINGTON COUNTY ARKANSAS No. CC- 2003-14 IN RE: Annexation Petition of Wilbur Maurice Rankin, et al. ORDER OF ANNEXATION On this 15t" day of September, 2003 comes on for hearing before the Washington County Court the Annexation Petition filed by Wilbur Maurice Rankin et al. From a review of the case file and the proof, the Court finds: 1. The allegations of the petition are sustained by the proof; 2. The requirements for signatures under Ark. Code Ann. Sec. 14-40-601 have been complied with; 3. The limits of the territory to be annexed have been accurately described and an accurate map thereof made and filed; and, 4. The prayer of the petitioners is right and proper. IT IS, THEREFORE, ORDERED that the Annexation Petition is hereby granted and the territory described in Exhibit "A" attached hereto is hereby annexed to the City of Fayetteville, Arkansas. ENTERED this 151" day of September, 2003. as ingt n County Judge CD CJ SURVEY DESCRLLLMN A PART OF THE NORTHWEST QUARTER (NW I/4) OF THE NORTHEAST QUARTER (NE1 /4) OF SECTION TWELVE (12), TOWNSHIP SIXTEEN (16) NORTH, RANGE TIURTY-ONE (31) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S00025' l a"E ALONG THE EAST LINE OF SAID 40 ACRE TRACT 331.48 FEET TO THE. 'FRUE POINT OF BEGINNING, SAID POINT BEING IN RUPPLE ROAD AND FROM �VHJCH A '6.' IRON REBAR REFERENCE IRON SET ON THE WEST RIGHT-OF-WAY LINE OF SAID ROAD BEARS N89058'50"W 22,68 FEET; THENCE S00°25' 14"E 607.93 FEET TO A POINT IN RUPPLE ROAD FROM WHICH A'A" IRON REBAR REFERENCE IRON SET ON THE WEST RIGHT-OF-WAY. LINE OF SAID ROAD BEARS S89°11.31"W 2S.77 FEET; THENCE LEAVING THE EAST LINE OF SAID 40 ACRE TRACT AND RUNNIN G ALONG AN EXISTING FENCE S89011'31"W 350.00 FEET TO A SET '/;'IRON REBA THENCE S00"25' 14"E 257.72 FEET TO A SETA" IRON REBAR; THENCE R-EBA-R: TH J9.39 FEET TO A SET''/d' IRON REBAR; THENCE S00050'38"W 123.76 FEET ALONG AN EXISTING FENCE TO A SET''' 11 IRON RE -BAR ON THE SOUTH LINE OF uTH /2 SAID 40 AC 03.85 OF SAID 40 ACRE TRACTTRACT;H503 85 FEET TO AN FEETSEXISTING IRON AT THE SOUTHEAST CORNER OF WILLOW SPRINGS SUBDIVISION; THENCEN00°06'36"W 994.45 FEET ALONG THE FAST LINE OF SAID SUBDIVISION TO A SET 'G" IRON REBAR; THENCE LAVING THE EAST LINE OF SAID SUBDIVISION S89058'50"E 890.59 FEET TO THE POINT OF BEGINNING, CONTAINING 17.19 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 17.19 ACRE TRACT BEING SUBJECT TO THE RIGHT-OF-WAY OF RUPPLE ROAD ALONG THE ENTIRE EAST BOUNDARY. .SUR14YDESCRIPTION h N APART OF THE NORTHWEST QUAR� (N W I /4) OF THE NORTHEAST QUARTE (NEI/4) OF SECTION TWELVE (12), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S00°25' 14"E ALONG THE EAST LINE OF SAID 40 ACRE TRACT 331.48 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING IN RUPPLE ROAD AND FROM WHICH AA" IRON REBAR REFERENCE IRON SET ON THE WEST RIGHT-OF-WAY LINE OF SAID ROAD BEARS N89°58150"W 22.68 FEET; THENCE S00°25' 14"E 607.93 FEET TO A POINT IN RUPPLE ROAD FROM WHICH A/:I, IRON REBAR REFERENCE IRON SET ON THE WEST RIGHT-OF-WAY LINE OF SAID ROAD BEARS S89011'31"W 25.77 FEET; THENCE LEAVING THE EAST LINE OF SAID 40 ACRE TRACT AND RUNNING ALONG AN EXISTING FENCE S99011'31"W 350.00 FEET TO A SET %i' IRON REBAR; THENCE S00°25' 14"E 257.72 FEET TO A SET''/i' IRON REBAR; THENCE ALONG AN EXISTING FENCE TO A SEITO/N RON REBARNFEET ON THE SOUTH LINE OF TRACT; THENCE N99059100"W 503.85 FEET ALONG THE SOUTH LI OF AID 40 SAID 40 ACRE TRACT 503.85 FEET TO AN EXISTING IRON AT THE SOUTHEAST CORNER OF WILLOW SPRINGS SUBDIVISION; THENCEN00°06'36"W 994.45 FEET ALONG THE EAST LINE OF SAID N TO A SET 1/21' IRON LEAVING T M EAST LIKE OF SAID SUBDIVISION N S89°58'50"E 890 SREBAR; SOFEET O THE POINT OF BEGINNING, CONTAINING 17.19 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 17.19 ACRE TRACT BEING SUBJECT TO THE RIGHT-OF-WAY OF RUPPLE ROAD ALONG THE ENTIRE EAST BOUNDARY. >AS T". tp. f_i ±�: FROM WACO CLERK v Sandra L. Hochstatlor Chairman (501) 682-1455 Daryl E. Bassatt commissixMr (501) 6824453 Randy Bynum Comm[ Woner (501)682-1451 June 1. 2004 • (WED)JUN 2 2004 11:1O/ST.11:10/NO.6314274065 P I ARKANSAS • srr PUBLIC SERVICE COMMISSION TAX DIVISION 1000 Center Stree( P.O. Box 8021 Little Rock. Arkansas 72203-8021 Phone (501) 682-1231 Fax (501) 682-6043 E-mail: taxQpsc.state.ar.us Ms. Shirley Brown Washington County Deputy Clerk 280 North College Avenue, Suite 300 Fayetteville, AR 72701 Re: Annexations Dear Ms. Brown, �a 4rf r Sarah M, Bradshaw Director (501)682-1231 p �o� c Z F n n Y p O 3< N r �, pyN C i p 1� r c, Ar 0 This is to acknowledge receipt of annexation(s) order of annexation CC-2002-19, CC- 2003-14 and CC-2003-28. The information has been forwarded to the appropriate utilities. Sincerely, Wa k"Kathy Hug s Executive Secretary FROM WACO CLERK (FRO JUN 4 2004 14:1O/ST.14:09/0.6314274078 P 3 Charlie Daniels Secretary of5tate • State of Arkansas Secretary of State Elections 662.5070 Building a Omund• 0074532 Communiculion� Y Education 603.0057 State Capitol Police 682-5173 nuhille%s ofOec 6a2.8052 Inlormation Technology 0823411 June3,2004 x o sow -c The Honorable Karen Combs Pritchard = p. Washington County & Probate Clerk = o z 280 North College Ave., Suite 300 Fayetteville, AR. 72701 oz o n N m z C.� m � rn Dcar Ms. Pritchard:Pri = N The Following Information has been recorded and filed in the Office of the ffc&taryZy State: v Date: 06/03/2004 Annexation: Incorporation: Census Information 1st Class City 2nd Class City Incorporated Town County: Washington City: Fayetteville Ordinance No. - Co. Order No Plat Election Island Ordinance No. Co. Order No. Plat Election 4555 CC 2003-14 -X 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 G82-3451. Sincerely, 4 Leann Election Services Representative Room 258 State Capitol • Little Rock. Arkansas 72201.1094 501.682-1010 • Fax S01.682.3510 e-mail: soa@aristolle.net 9 www.sos.arkansas.gov 0 11 NAME OF FILE: Ordinance No. 4555 w/Ex. A CROSS REFERENCE: Item # Date Document 1 03/18/04 memo to city council 2 draft ordinance 3 03/01/04 memo to Planning Commission 4 copy of page of General Plan 2020 5 copy of Table 6 6 11/18/03 copy of memo to Planning Commission 7 11/18/03 copy of letter to Dawn Warrick 8 11/12/03 copy of memo to Planning Division 9 11/20/03 copy of memo to Planning Commission 10 11/19/03 copy of memo to Planning Commission 11 copy of map of Close Up View 12 copy of map of One Mile View 13 03/24/04 Staff Review Form 14 09/15/03 copy of Order of Annexation 15 04/22/04 email from Renee Thomas to Clarice Pearman 16 04/22/04 email to Renee Thomas 17 email to Renee Thomas 18 email to Sondra Smith 19 copy of Ordinance 20 copy of Ordinance 21 04/23/04 memo to Dawn Warrick 22 05/04/04 Affidavit of Publication (published with errors) 23 05/06/04 Affidavit of Publication (republished) 24 08/05/03 copy of Annexation Petition 25 08/06/03 copy of Order 26 09/10/03 copy of Abstractoer's Certificate 27 09/12/03 copy of Surveyor's Certificate 28 09/15/03 copy of Order of Annexation 29 06/01/04 copy of PSC letter to Shirley Brown 30 06/03/04 copy of SOS letter to Karen Combs 31 06/03/04 cc letter to Karen Combs NOTES: 05/21/04 filed with the Wash. Co. Circuit Clerk City Council eeting of April 06, 2004 A d It N L. gen a em um er CITY COUNCIL AGENDA MEMO 14NX403-5# L7uI1/Ja/Sfock To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administratow Date: March 18, 2004 Subject: Annexation for Dunnerstock Development (ANX 03-05.00) Planning Staff recommends approval of the requested annexation for Dunnerstock Development. This action will incorporate a 17.19 acre tract of land contiguous with the city limits into the City of Fayetteville. The request is to annex the subject property into the City of Fayetteville. The subject property is 17.19 acres and located west of Rupple Road and north of Wedington Drive. It is adjacent to the city limits along its western boundary where it abuts the Willow Springs subdivision. The north, east, and south boundaries are not contiguous to the City limits. Although the tract of land will result in the creation of a peninsula, it is currently located within an island of County property and identified by the General Plan 2020 to be desirable for annexation into the City. Connectivity and off -site improvements will be evaluated at the time of development. Proposal: The applicant requests annexation into the City of Fayetteville, along with a companion rezoning request. DISCUSSION The proposal to annex was tabled by the Planning Commission on November 24, 2003, pending results from the wastewater capacity analysis. A report from a system -wide wastewater study has been submitted and adequate capacity has been identified to serve this area for existing and proposed development. On March 8, 2004, the Planning Commission voted 9-0-0 to forward this item to the City Council with a recommendation for approval with an accompanying rezoning request. BUDGETIMPACT None. 04eon� IsCe4g'4 y/VI/°el ORDINANCE NO. AN ORDINANCE CONFIRMING THE ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERTAIN PROPERTY OWNED BY DUNNERSTOCK DEVELOPMENT, INC, LOCATED ON RUPPLE ROAD NORTH OF WEDINGTON DRIVE CONTAINING APPROXIMATELY 17.19 ACRES. 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 R-A, Residential Agricultural to the subject property. Section 4. That the above -described property is hereby assigned to Ward No. Four. PASSED AND APPROVED this day of 2004. APPROVED: By: ATTEST: By: Sondra Smith, City Clerk Dan Coody, Mayor EXHIBIT "A" ANX 03-05,00 A PART OF THE NORTHWEST QUARTER (NW '/4) OF THE NORTHEAST QUARTER (NE %4) OF SECTION TWELVE (12), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S00025' 1433E ALONG THE EAST LINE OF SAID 40 ACRE TRACT 331.48 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING IN RUPPLE ROAD AND FROM WHICH A %" IRON REBAR REFERENCE IRON SET ON THE WEST RIGHT OF WAY LINE OF SAID ROAD BEARS S89011'31"W 25.77 FEET; THENCE LEAVING THE EAST LINE OF SAID 40 ACRE TRACT AND RUNNING ALONG AN EXISTING FENCE S89011'31"W 350.00 FEET TO A SET %:" IRON REBAR; THENCE S00°25'14"E 257.72 FEET TO A SET ''/z" IRON REBAR; THENCE N89059'00"W 39.39 FEET TO A SET ''/z" IRON REBAR; THENCE S00°50'38"W 123.76 FEET ALONG AN EXISTING FENCE TO A SET %" IRON REBAR ON THE SOUTH LINE OF SAID 40 ACRE TRACT; THENCE N89059'00"W 503.85 FEET ALONG THE SOUTH LINE OF SAID 40 ACRE TRACT 503.85 FEET TO AN EXISTING IRON AT THE SOUTHEAST CORNER OF WILLOW SPRINGS SUBDIVISION; THENCE N00°06'36"W 994.45 FEET ALONG THE EAST LINE OF SAID SUBDIVISION TO A SET ''/2" IRON REBAR; THENCE LEAVING THE EAST LINE OF SAID SUBDIVISION S89058'50"E 890.58 FEET TO THE POINT OF BEGINNING, CONTAINING 17.19 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 17.19 ACRE TRACT BEING SUBJECT TO THE RIGHT OF WAY OF RUPPLE ROAD ALONG THE ENTIRE EAST BOUNDARY. I FAYETTEVILLE THE CITY OF FAYETTEV ILLE, ARKANSAS PC Meeting of March 08, 2004 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Associate Planner THRU: Dawn Warrick, AICP, Zoning & Development Administrator DATE: March 1.2004 ANX 03-05.00: Annexation (Rankin/Rankin/Bowen, pp 400) was submitted by James McCord on behalf of Wilbur Maurice Rankin, Mary Ellen Rankin, Raymond Rankin and Susan Bowen for property located on Rupple Road, 0.5 miles north of Wedington Drive. The property is in the Planning Area and contains approximately 17.19 acres. The request is to annex the property into the City of Fayetteville. Planner: Suzanne Morgan RECOMMENDATION: Staff recommends approval of the requested annexation based on the findings included as part of this report with the following condition(s): PLANNING COMMISSION ACTION: Required YES O Approved O Denied March 08, 2004 COUNCIL ACTION: April 06, 2004 (first reading) BACKGROUND: Required YES O Approved O Denied Property description: The subject property is 17.19 acres of vacant property located west of Rupple Road (a Minor Arterial) and north of Wedington Drive (a Principal Arterial). Rupple Road does not meet City street standards at this location. Single family residences are located to all cardinal directions from this property. The property is adjacent to the city limits along its western boundary where it abuts the Willow Springs subdivision from which connectivity will be provided to the west with the extension of Patrick Street, a local street on the Master Street Plan. A report from a system -wide wastewater study has been submitted and adequate capacity has been identified to serve this area for existing and proposed development (see attached). The proposal to annex was tabled on November 24, 2003, pending results from the wastewater capacity analysis. K. IREPOR7SI20041PC REPOR7SI03-08-0414NX--RZN RANK7N_RANK7N_BOtVEM4NX03-05.00 RANK/N RANK/N BOWENDOC E Proposal: The applicant proposes the annexation of property into the City of Fayetteville. A rezoning request has been submitted for this property. Request: The request is to annex the subject property into the City of Fayetteville. Recommendation: Staff recommends approval of the proposed annexation. The subject property is located within an island of County property within Fayetteville City limits. According to General Plan 2020, it is desirable for all property located within islands to be annexed into the City. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Single-family Planning Area South Single-family Planning Area East Single-family Planning Area West Single-family (Willow Springs Subdivision) RT-12, Residential Two and Three - family INFRASTRUCTURE: Streets: Rupple Road, which is where the development will be accessed from the east, is a paved roadway with no curb and gutter or storm drainage. Street improvements will be recommended to widen Rupple Rd. to current City standards along the project frontage. A traffic signal is currently proposed by the City for the intersection of Rupple Road and Wedington Dr. AHTD has approved the installation of the signal, and plans are currently underway to install the signal. Surrounding Master Street Plan Streets: North: Mount Comfort Rd. (Minor Arterial); approximately 0.6 miles South: Wedington Dr. (Principal Arterial); approximately 0.3 miles East: Patrick St. (Local) West: Rupple Rd. (Minor Arterial) Water: The property currently has access to a 6" water line along Rupple Road and an 8" water line at Patrick Street. An extension of the water main will be required to provide water supply within any development on this property and creating a loop between Patrick and Rupple. Sewer: The site currently has access to 8" sewer mains in the adjacent subdivisions. Sewer will need to be extended within the development. Fire: The subject property is located 0.7 miles from the future Fire Station V. Normal driving time is I min. 2 seconds. K: MEPORM004PC REPORM03-08-0414NX-RZNRANK/N_RANK/N_BOWENNNX03-05,00 RANKIN RANKM BOWENDOC Police: It is the opinion of the Fayetteville Police Department that this annexation and rezoning will Rot substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. LAND USE PLAN: General Plan 2020 designates this site as Residential. FINDINGS: 11.6 ANNEXATION GUIDING POLICIES BOUNDARIES 11.6.a Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. Finding: The requested annexation will create a peninsula. However, the property is located within an island of County property. The City's adopted policy for annexations identifies areas within current islands as those desirable for annexation. 11.6.b Proposed annexation area must be adjacent, or contiguous, to city limits Finding: The proposed annexation area is adjacent to the City Limits to the west. 11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: This area does not consist of defined subdivisions or neighborhoods; however, future development plans may include the extension of single family neighborhoods. 11.6.d Boundaries for annexed areas should follow natural corridors. Finding: Proposed boundaries follow property lines. 11.6.e Timing of services within annexation areas should be considered. Finding: Current conditions result in a response time of just over 1 minute for fire protection from the future Fire Station #7. The planned installation of a new fire station on Rupple Road in the future will reduce response time. Any development in this area would necessitate installation of hydrants to provide for fire protection. Sewer service is currently available in this location. The wastewater study provided by RJN shows adequate services can be provided to a development on this property at this time. Future capacity will be determined as development plans for this property are submitted. K:IREPORM0041PCREPOR7YO3-08-04WNX-RZN R4NKIN_R4NKIN_BO{VENLINX03-05.00 RANKIN RANKIN BOWEN DOC ENVIRONMENTALLY SENSITIVE AREAS 11.6. f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Finding: N/A EMERGENCY AND PUBLIC SERVICES 11.6.g Public services must be able to be provided efficiently in newly annexed areas. Finding: The police department reports that current levels of service would not be compromised and that coverage in this area can be provided. Fire station #7 will serve this area once it is completed. This improvement will result in a response time of 1 minute 2 seconds. Sewer shall be extended from the existing 8" sewer main accessible from adjacent subdivisions during the development of new subdivisions. 11.61 Annexed areas should receive the same level of service of areas already in the city limits. Finding: With the pending installation of a new fire station in the general area, service will be able to be provided at a more appropriate level of service with a shorter response time than what can be provided to the site currently. Sewer improvements to the area are needed for future developments. 11.6.i The ability to provide public services should be evaluated in terms of equipment, training of personnel, number of units and response time. Finding: These factors were taken into consideration in the responses and recommendations included in this report. INFRASTRUCTURE AND UTILITIES 11.6.j Areas currently served by utilities and other public services should be annexed. Finding: Water, fire and police protection are currently provided in this area. 11.61 Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. Finding: Improvements to sewer and street systems and installation of fire hydrants would be made necessary by the annexation should additional development occur on the subject property. KAREPORM0041PC RF-POR7S103-08-04WNX-RZN RANKIN_RANKIN_BOWENWNX03-05.00 RANKJN RANKIN BOJVEK DOC 11.6.1 Phased annexation should be initiated by the City within active annexation areas based on planned service extensions or availability of services. Finding: The proposed annexation is not part of a phased annexation initiated by the City. INTERGOVERNMENTAL RELATIONS 11.6.m Promote long-range planning with adjacent jurisdictions. Finding: N/A 11.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer. Finding: N/A ADMINISTRATION OF ANNEXATIONS 11.6.o Designate zoning districts for the property during the annexation process. Finding: Annexations are automatically zoned R-A, Residential Agricultural. The applicant is requesting to rezone to RSF-4, Residential single family, 4 units/acre. This zoning designation is compatible with the Residential classification of the area on the City's adopted Future Land Use Plan, 11.6.p An annexation study should be completed on all annexation proposals. Finding: Planning staff has asked the Engineering Division, Fire Department and Police Department to study this annexation request to determine if facilities and services are available to serve this request. 11.6.q Development proposals require a separate review from the annexation proposals. Finding: Development of this property has not been proposed. At the time the applicant desires to development the property, the applicant will be required to submit project plans for review and approval by the Planning Commission, 11.6.r Residents should be fully informed of annexation activities. Finding: Adjoining neighbors have been notified of the annexation request. A legal ad and display have both been submitted with a local newspaper prior to the Planning Commission meeting for which this item is scheduled. K. IREPORM0041PCREPORTS103-08-04WNX-RZNRANKIN_RANKIN BOWEMANX03-05.00 RANKIN RANKIN BOWEN.DOC 11.6.w Encourage larger annexations to create acceptable boundaries. Finding: This annexation includes three tracts of land of 17.19 acres owned by the applicants. The combined requests create a reasonable boundary avoiding the creation of unusual boundary lines. 11.6.t Conduct a fiscal impact assessments on large annexations. Finding: N/A K. IREPOR73120041PCREPOR7MO3-08-04WNX-RZN R.4 K7N_RANK7N BOWEN14 X03-05.00 RANK7N RANK7N BOWENDOC From Fayetteville General Plan 2020 — 2002 Revision 11.6 Annexation Guiding Policies Boundaries 11.6.a Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. 11.6.b Proposed annexation area must be adjacent, or contiguous, to city limits. 11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. 11.6.d Boundaries for annexed areas should follow natural corridors. 11.6.e Timing of services within annexation areas should be considered. Environmentally Sensitive Areas 1 1.6. f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Emergency and Public Services 11.6.g Public services must be able to be provided efficiently in newly annexed areas. 11.6.h Annexed areas should receive the same level of service of areas already in the city limits. 11.6.i The ability to provide public services should be evaluated in terms of equipment, training of personnel, number of units and response time. Infrastructure and Utilities 11.6.j Areas currently served by utilities and other public services should be annexed. 11.61 Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. 11.6.1 Phased annexation should be initiated by the City within active annexation areas based on planned service extensions or availability of services. Intergovernmental Relations 11.6.m Promote long-range planning with adjacent jurisdictions. 11.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer. Administration of Annexations 11.6.o Designate zoning districts for the property during the annexation process. 11.6.p An annexation study should be completed on all annexation proposals. 11.6.q Development proposals require a separate review from the annexation proposals. 11.6.r Residents should be fully informed of annexation activities. 1.6.w Encourage larger annexations to create acceptable boundaries. 11.6.t Conduct a fiscal impact assessments on large annexations. K:IREPORM20041PC REPORM03-08-04WNX-RM RANK/N RANK/N_BOWENLrNX03-05.00 R4NK1N RANK/N BOWEKDOC � 0 § e xe9v® o = n E (%/)%@\(\_§ %@?\f 2e;;! ¥%Ewf -4C> !OF �s\a; \\ 41. ({2\\ cc $&b/i (K`�7 ' A \\ } •1 • FAYETTEVILLE PC Meeting of November 24, 2003 THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St Fayettevillq AR 72701 Telephone: 501-575-8202 ENGINEERING DIVISION CORRESPONDENCE TO:, Fayetteville Planning Commission FROM: Matt Casey, Staff Engineer ' DATE: November 18, 2003 . RZN 03-33.00: Rezoning (Rankin/Rankin/Bowen, pp 400) was submitted by James McCord on behalf of Wilbur Maurice Rankin, Mary Ellen Rankin, Raymond Rankin and Susan Bowen for property located on Rupple Road, 0.5 miles north of Wedington Drive. The request is to rezone the property RSF-4, Residential Single-family, 4 units per acre. Planner: Suzanne Morgan ANX 03-05.00: Annexation (Rankin/Rankin/Bowen, pp 400) was submitted by James McCord on behalf of Wilbur Maurice Rankin, Mary Ellen Rankin, Raymond Rankin and Susan Bowen for propertylocated on Rupple Road, 0.5 miles north of Wedington Drive. The property is in the Planning Area and contains approximately 17.19 acres. The request is to annex the property into the City of Fayetteville. Planner: Suzanne Morgan • A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion • A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. The property currently has access to a 6" water line along Rupple' Road and an 8" water line at Patrick Street. An extension of the water main will be required to provide water supply within any development on this property and creating a loop between Patrick and Rupple. The site currently has access to 8" sewer mains in the adjacent subdivisions. Sewer will need to be extended within the development. Rupple Road, which is where the development will be accessed from, is a paved roadway With no curb and gutter or storm drainage. Street improvements will be recommended to widen Rupple to current City standards along the project frontage, A traffic signal is currently proposed by the City for the intersection of Rupple Road and Wedington. AHTD has approved the installation of the signal, and the plans are currently underway to install the signal, Name Matt Casey Department En¢ineerinQ K:IRepa 110031PC REPOR7SIll-14WD103-33 & ANX 03-05 Ranhn_Ran.{in_Bowm-Eng. Com ts.doc FAYE'-jTEVI LLE THE CRYOF FAVETTEVUE. ARKANSAS November 18, 2003 Dawn Warrick Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Warrick, • This document is in response to the request for a determination of whether the proposed Annexation ANX 03-05.00 (Rankin/Rankin/Bowen, pp 400) and Rezoning RZN 03- 33.00 (Rankin/Rankin/Bowen, pp 400) submitted by James McCord for property located on Ruple Road, 0.5 miles north of Wedington Drive would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. It is the opinion of the Fayetteville Police Department that this annexation and rezoning will not substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. ely�tez7ieutenant �l/ William Brown Fayetteville Police Department fETfEVILLE POLICE DEPARTMENT (DELIVERIES) POUCE. 100•A WEST ROCK STREET 72701 ). BOX 1988 - WL' 140-A WEST ROCK STREET 72701 fETfEVILLE. ARKANSAS 72702-1988 PHONE: 501-5873555 FAX: 501-587-3522 Nov 12 03 04:14p Danny Farrar •I (5011 444-3447 p.5 • FAYETTEVILLE FIRE MARSHAL'S OFFICE THE CITY OF FAYETTEVILLE, ARKANSAS From: Fire Prevention Bureau To: Planning Division Date I -1 Z,.o3 REZONING N ANNEXATION K REZONING # 9ZNe3-3?•o0 OWNER ttn//Q,yykml8pwth ANNEXATON#4003-oS.00 OWNER LOCATION OF PROPERTY NEAREST FIRE STATION AND LOCATION_&n, ,r i -Srl- ,r 7 6W RESPONSE TIME FROM FIRE STATION # 7 TO LOCATION OF PROPERTY f MINUTES 67 SECONDS. TRAVEL MILES FROM FIRE STATION # * TO LOCATION OF PROPERTY_ ,7 COMMENTS ON FIRE DEPT. ACCESS/ROADWAYS f�ouirtsi WATER SUPPLY WITH HYDRANTS NEEDED? /A(nAj _ 7G,r m" ADDITIONAL COMMENTS MAIN OFFICE 115 SOUTH CHURCH ST. fl (501) 444-3448 / (501) 444-3449 FAX (501) 575-8272 SUBSTATION N.W.A. MALL (501) 575-8271 FAX (501) 575-8272 • • ANX 03-05.00 & RZN 03-33.00 Page I FAYETTEVII THE CITY OF FAYETTEVILLE, ARKANSAS .jLE PC Meeting of November 24, 2003 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 501-575-8264 IQ 011MIZ1 0_1yl►M TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Associate Planner Matt Casey, Staff Engineer THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator DATE: November 20, 2003 ANX 03-05.00: Annexation (Rankin/Rankin/Bowen, pp 400) was submitted by James McCord on behalf of Wilbur Maurice Rankin, Mary Ellen Rankin, Raymond Rankin and Susan Bowen for property located on Rupple Road, 0.5 miles north of Wedington Drive. The property is in the Planning Area and contains approximately 17.19 acres. The request is to annex the property into the City of Fayetteville. Planner: Suzanne Morgan RZN 03-33.00: Rezoning (Rankin/Rankin/Bowen, pp 400) was submitted by James McCord on behalf of Wilbur Maurice Rankin, Mary Ellen Rankin, Raymond Rankin and Susan Bowen for property located on Rupple Road, 0.5 miles north of Wedington Drive. The request is to rezone the property RSF-4, Residential Single-family, 4 units per acre. Planner: Suzanne Morgan RECOMMENDATION: Staff recommends the Annexation and Rezoning requests for Rankin/Rankin/Bowen be tabled pending the completion of a system -wide wastewater capacity study for the City of Fayetteville. The applicant has been notified and agrees to the recommendation (see attached letter). The request will be placed on the Planning Commission agenda once the study has been completed. November 24, 2003 Planning Commission ANX 03-05.00 (Ran kin/Rankin/Bowen) RZN 03-33.00 (Ran kin/Rankin/Bowen) Page 4,5.1 JAMES N. McCORD Atrornry at Law 11 N. WEST AVE. SUITE #202 FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 695-1135 jimm000rdlaw@alftel.net November 19, 2003 To: Fayetteville Planning Commission Re: Annexation and Rezoning Applications of Rankins For Property on Rupple Road From: James N. McCord Attorney for Applints In view of the pending system -wide wastewater capacity study being prepared forthe City of Fayetteville by RJN Groupi Inc., Applicants request.that their annexation and rezoning applications which were scheduled to be on the agenda for the -November 24, 2003, Planning Commission meeting be tabled until completion of that study. Applicants understand from City staff that the study is expected to. be completed in January, 2004. Please place the annexation and rezoning applications for the Rankin property on the agenda for the first Planning Commission meeting after the study is completed and submitted to the City. Planning Commission* • November 24, 2003 Page 16 ANX 03-05.00: Annexation (Rankin/Rankin/Bowen, pp 400) was submitted by James McCord on behalf of Wilbur Maurice Rankin, Mary Ellen Rankin, Raymond Rankin and Susan Bowen for property located on Rupple Road, 0.5 miles north of Wedington Drive. The property is in the Planning Area and contains approximately 17.19 acres. The request is to annex the property into the City of Fayetteville. Hoover: Item number four on the agenda is ANX 03-05.00 for property north of Wedington Drive. Suzanne, are we going to look at items four and five at the same time? Morgan: Yes Ma'am. Hoover: It will also be item five, RZN 03-33.00 for the same piece of property. Morgan: The applicant has requested that 17.19 acres be annexed into the city and rezoned RSF-4. Staff recommends that the Annexation and Rezoning requests for Rankin, Rankin Bowen be tabled pending the completion of a System wide waste water capacity study for the City of Fayetteville. The applicant has been notified and agrees to this recommendation. The request will be placed on the Planning Commission agenda once the study has been completed. Hoover: I guess if the applicant is in agreement do we need to go ahead and make a motion to table this? Warrick: That's staff s recommendation. Hoover: So we need a motion to table this. Anthes: So moved. Bunch: I would like to add one statement to the recommendation that once the study has been completed and reviewed by staff so that it does give time to look at the results of the study. If that is acceptable to the motioner I will second. Anthes: Yes. Hoover: There is a second by Commissioner Bunch, is there anymore discussion about this tabled item? Seeing none, Renee? Roll Call: Upon the completion of roll call the motion to table ANX 03-05.00 was approved by a vote of 9-0-0. Thomas: The motion carves nine to zero. Planning Commission• 0 March 8, 2004 Page 4 ' ANX 03-05.00: Annexation (Rankin/Rankin/Bowen, pp 400) was submitted by James McCord on behalf of Wilbur Maurice Rankin, Mary Ellen Rankin, Raymond Rankin and Susan Bowen for property located on Rupple Road north of Wedington Drive. The property is in the Planning Area and contains approximately 17.19 acres. The request is to annex the property into the City of Fayetteville. RZN 03-33.00: Rezoning (Rankin/Rankin/Bowen, pp 400) was submitted by James McCord on behalf of Wilbur Maurice Rankin, Mary Ellen Rankin, Raymond Rankin and Susan Bowen for property located on Rupple Road north of Wedington Drive. The request is to rezone the property RSF-4, Residential Single-family, 4 units per acre Hoover: Item number one on the agenda is ANX 03-05.00 for property located on Rupple Road half a mile north of Wedington Drive. Suzanne? Morgan: The subject property is 17.19 acres. It is a vacant piece of land located west of Rupple Road, a minor arterial, and north of Wedington Drive which is a principal arterial. Single family residences are located at all cardinal directions from this property with the city limits along the western boundary of this tract of land where it abuts Willow Springs subdivision. This subdivision is zoned RT-12 in the city. This Annexation request was heard by the Planning Commission on November 24, 2003 at which time it was tabled pending results from a Waste Water Capacity Analysis. This report has been submitted and shows that there is adequate capacity in the basins which will serve this area for existing and proposed future development. That result has been attached with the staff report. There is currently access to water lines on Rupple as well as Patrick Street as well as two water mains. Staff finds that the Annexation will create a peninsula, however, the property is located within an island of the county property and the city has adopted policy for annexation which identifies areas within current islands to be desirable for annexation. Additionally, this annexation and all annexations, are automatically rezoned R-A, Residential Agricultural and the applicant is requesting a rezone to RSF-4, Residential Single Family, Four units per acre. This zoning designation is compatible with the residential classification.within the area on the city's adopted Future Land Use Plan. Police reports that rezoning this property to RSF-4 will not adversely affect the population density in a negative manner. As such, staff is in support and recommends approval of the requested Annexation and RZN 03-33.00 for Rankin, Rankin Bowen. Hoover: We are going to look at the Annexation and Rezoning together? Morgan: If that's ok with you. Hoover: I just wanted to make sure. Would the applicant come forward? Planning Commission* • March 8, 2004 Page 5 McCord: Yes, Madam Chair and members of the Commission, I'm Jim McCord representing the applicants. The applicants respectfully appreciate the staffs recommendation and request the Planning Commission to follow it. I concur that it is an appropriate Annexation because it is within an island and the annexation policies of the city do provide for annexation within an island surrounded by corporate limits. The waste water capacity study did indicate that there is sufficient capacity for future growth in this area and as indicated in the staff report there is a traffic signal proposed for the intersection of Rupple Road and Wedington Drive that has been proposed by the city and approved by the Arkansas Hwy. Department, which is presently in the process of being installed. Hoover: Thank you. Is there any member of the audience that would like to address this ANX 03-05.00 or RZN 03-33.00 for this property? Yes Sir, come to the podium please and give us your name. Atwood: I'm Dr. Dan Atwood, I just want to make a comment for the Commission, thank you for the opportunity to speak. I'm a land owner that lives across the road from this property and I have 20 acres with a home on that 20 acres and of course, Rupple Road, as you know, is a very narrow road at the moment. My concern is that the density of housing that is requested is going to put a big strain on that road as it is. With the other houses that are along that road most are located on several acres and I think that density, again, is a little high for fitting in with what we already have existing along that road. My concern is with what it would do for the property values for the others of us that live in that area. Those are my comments. Does anyone have any questions for me regarding that situation? Hoover: No, we will go ahead and take more public comment. Is there any other member of the public that would like to address this Annexation and Rezoning? Staff, could you answer those questions about the road? I see we have down here road improvements and density, both of those issues. Warrick: Improvements to infrastructure are not addressed or placed on Annexation and Rezoning requests. We do look at that at the time of development proposals and we expect that in the future, probably the near future, we will be looking at a request for a Preliminary Plat approval on this property should it be annexed and zoned according to the applicant's requests. We do have concerns with regard to Rupple Road. This section of Rupple Road is in the county, it is not a city street and therefore, we have little control over what happens to Rupple Road. Each piece of property that we are able to annex into the city limits adjoining Rupple Road will improve the prospect and our ability to make improvements to that infrastructure. That's what we can do. If you will remember, we had a similar situation on Starr Drive on the northeast side of town a couple of Planning Commission • • March 8, 2004 Page 6 years ago and it was difficult to determine what types of improvements in what areas to apply when we were looking at a development proposal along that street because it was not in the control of the city. In this particular case this is a donut hold surrounded by corporate city limits. It is targeted in the city's adopted annexation policy as an area that is appropriate and prime for annexation because of these jurisdictional issues. We have police cars, fire and ambulance emergency response vehicles that travel this road everyday. We serve this area but we don't have the ability to make a whole lot of change with regard to the infrastructure unless it's within the city limits. This gets us one step closer to being able to make significant improvements. Those improvements are typically a requirement of development when it is proposed adjoining those streets. Hoover: Would you address the traffic signal? Warrick: My understanding is that there is a traffic signal that is being installed at the intersection of Rupple and Wedington. Hoover: Also, the density and why staff thinks this is the right density for this area. Warrick: Staff believes this is an appropriate density, four units per acre is the standard zoning district for single family subdivisions. It is consistent with the majority of developed property within the city limits in this area. The property immediately adjoining it to the west is actually zoned for a higher density so the resulting development, should this be rezoned to RSF-4, would likely garner a lesser density than what is existing on the ground to the west of the subject property. Hoover: Thank you. Commissioners, are there any comments? Anthes: Consistent with city policy to annex islands I would move to recommend approval of ANX 03-05.00 and forward to the City Council. Shackelford: I will second. Hoover: We have a motion by Commissioner Anthes for the Annexation and a second by Commissioner Shackelford, is there more discussion? Seeing none, Renee? Roll Call: Upon the completion of roll call the motion to recommend approval of ANX 03-05.00 to the City Council was approved by a vote of 9-0-0, Thomas: The motion carries nine to zero. Hoover: Onto the Rezoning. Planning Commission* • March 8, 2004 Page 7 Bunch: On the Rezoning and the traffic, it looks like Patrick Street is stubbed out to be able to serve this area which would give an alternate traffic pattern to Wedington Drive in addition to Rupple Road and also, I think there have been or have been approved, may not be completed yet, some alterations to Rupple Road at it's intersection with Mt. Comfort Road. I know it is not infrastructure that we need at this point in time but they are steps in the right direction. That being said, I will move for approval of RZN 03- 33.00 recommending to the City Council our positive response to it. Shackelford: I will second. Hoover: We have a motion by Commissioner Bunch and a second by Commissioner Shackelford, is there more discussion on RZN 03-33.00? Renee? Roll Call: Upon the completion of roll call the motion to recommend for approval to the City Council RZN 03-33.00 was approved by a vote of 9-0-0. Thomas: The motion carries nine to zero. A 10 Fm ZIA 0 1 A 10 FM �10 ANX03-05.00 RANKIN/ RANKIN/ BOWEN One Mile View r I - -- w_r i1�-1; :✓ '. �IFnl�f��l�l"r.�IrilTtl IEi��:'": tt�l�l1r14�11.`U+IUf.HA!4AhfA14kNtA41SVWNn41%I11V'n'1N14' � IfNIXfI1FX I RSFJ P.1 2 - Ij r III - -t RSF. RSF-r 0.# j I �4I - .11TI � I l it I i i l� I lift tIXIXXIi SUBJECT PROPERTYI it C + 441 R# III�1T7�j�fi R# PIIJJL t'TZ 'L(� i R1t-1i: �- �h I�JJ 12 i� Jtfherf -��RT1211 --TIA �11.Pi C r� I�MN rd, f—I if R# R 16 R-0 R-0 CI �0.-0i I C.1 IGI R01J- iROI G1 + a r I I- 1 Gt tr� i-IAtl�V-Jkt--JC��4R'tS�i4 llcl R# FICV — i I i jR# I -- �-2� }i RT-12 _ "TI I R# RSF� I 'i I I I Legend Subject Property Boundary Master Street Plan ANX03-05.00 ft Planning Area Streets S0000 o Overlay District I*a�''RMtlpil Arsenal y MInBr MOrlal " , alsune L — —I City Limits , "emr %U�Plannae = Outside City iff'•, Hlslonc C0t=r 0 0.1 0.2 0.4 0.6 0.$ Miles C-2 lif G2 RSF1 STAFF MEW FORM - NON -FINANCIAL O*GATION x AGENDA REQUEST For the Fayetteville City Council Meeting of: April 6, 2004 FROM: Dawn Warrick Planning CP&E Name Division Department ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION ANX 03-05.00: Annexation (Dunnerstock Development, pp 400) was submitted by James McCord on behalf of Dunnerstock Development for property located on Rupple Road north of Wedington Drive containing approximately 17.19 acres. The request is to approve an ordinance annexing the subject property into the city limits of the City of Fayetteville. STAFF RECOMMENDATION: Approval. Department Director Finance & Internal Services Dir. 3 Wj Received in Mayors Office 3 0? Date Date 1104 In 16 Date Date Date Z Date I Z J4( Date Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: New Item: Yes No From: Renee Thomas To: Pearman, Clarice Date: 4/22/04 2:56PM Subject: Re: anx 03-05.00 AND rzn 03-33.00 Clarice, I'm not changing the legal descriptions that the county has approved. I'm only fixing a typo on the ordinance. The new legal description I sent you exactly matches the one on the Annexation that Shirley has in her office. Thanks, Renee Renee Thomas City of Fayetteville Planning Division 113 W. Mountain Fayetteville, AR 72701 (479) 575-8268 rthomas@ci.fayetteville.ar.us >>> Clarice Pearman 04/22/04 02:54PM >>> Renee, in talking with Shirley, deputy clerk at the county clerk's office, we are not to change the legal descriptions. You should contact the clerk's office to talk with her or get in contact with person who is annexing to change the legal description at the clerks office. She was telling me that the city planning always changes the legal descriptions when it shouldn't be and that they should not be changed unless amended first in their office. So I will attach these legal descriptions to the file but I will file the Ex. A that was submitted as is unless the scribner's error was planning's error then I will change it. Also, I will hold these ordinances from publishing or filing as to not cause undue expenses for our office until this is correct. Please let me know. d I a ( wd e4� 4c yx,-F 1,e + Oa a t-satJ6 if wa 4r &rdr Gtoxyd on off dQr From: Clarice Pearman To: Thomas, Renee Subject: Re: anx 03-05.00 AND rzn 03-33.00 Renee, in talking with Shirley, deputy clerk at the county clerk's office, we are not to change the legal descriptions. You should contact the clerk's office to talk with her or get in contact with person who is annexing to change the legal description at the clerks office. She was telling me that the city planning always changes the legal descriptions when it shouldn't be and that they should not be changed unless amended first in their office. So I will attach these legal descriptions to the file but I will file the Ex. A that was submitted as is unless the scribner's error was planning's error then I will change it. Also, I will hold these ordinances from publishing or filing as to not cause undue expenses for our office until this is correct. Please let me know. CC: Smith, Sondra From: Clarice Pearman To: Thomas, Renee Subject: Re: anx 03-05.00 AND rzn 03-33.00 Renee, in talking with Shirley, deputy clerk at the county clerk's office, we are not to change the legal descriptions. You should contact the clerk's office to talk with her or get in contact with person who is annexing to change the legal description at the clerks office. She was telling me that the city planning always changes the legal descriptions when it shouldn't be and that they should not be changed unless amended first in their office. So I will attach these legal descriptions to the file but I will file the Ex. A that was submitted as is unless the scribner's error was the planning's then I will change it. Please let me know. From: Renee Thomas To: Smith, Sondra Date: 4/22/04 1:49PM Subject: anx 03-05.00 AND rzn 03-33.00 Please change the exhibit "A' attached to the Dunnerstock Annexation and Rezoning request to the attached. There was a call missing from the legal description that was found by John Goddard. However, this was a scribner's error and should just be changed to reflect the correct legal description and filed. Thanks, Renee Renee Thomas City of Fayetteville Planning Division 113 W. Mountain Fayetteville, AR 72701 (479) 575-8268 rthomas@ci.fayefteville.ar.us CC: Pearman, Clarice :a AN ORDINANCE CONFIRMING THE ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERTAIN PROPERTY OWNED BY DUNNERSTOCK DEVELOPMENT, INC, LOCATED ON RUPPLE ROAD NORTH OF WEDINGTON DRIVE CONTAINING APPROXIMATELY 17.19 ACRES. 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 R-A, Residential Agricultural to the subject property. Four. ATTEST: By:_ Section 4. That the above -described property is hereby assigned to Ward No. PASSED AND APPROVED this day of 92004. Sondra Smith, City Clerk APPROVED: By: - Dan Coody, Mayor EXHIBIT "A" ANX 03-05.00 A PART OF THE NORTHWEST QUARTER (NW '/4) OF THE NORTHEAST QUARTER (NE /4) OF SECTION TWELVE (12), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY- ONE (31) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S00025'14"E ALONG THE EAST LINE OF SAID 40 ACRE TRACT 331.48 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING IN RUPPLE ROAD AND FROM WHICH A '/z" IRON REBAR REFERENCE IRON SET ON THE WEST RIGHT OF WAY LINE OF SAID ROAD BEARS N89058'50"W 22.68 FEET; THENCE S00°25'14"E 607.93 FEET TO A POINT IN RUPPLE ROAD FROM WHICH A 'h" IRON REBAR REFERENCE IRON SET ON THE WEST RIGHT OF WAY LINE OF SAID ROAD BEARS S89011'31"W 25.77 FEET; THENCE LEAVING THE EAST LINE OF SAID 40 ACRE TRACT AND RUNNING ALONG AN EXISTING FENCE S89011'31"W 350.00 FEET TO A SET'h" IRON REBAR; THENCE S00°25'14"E 257.72 FEET TO A SET %" IRON REBAR; THENCE N89059'00"W 39.39 FEET TO A SET %" IRON REBAR; THENCE S00°50'38"W 123.76 FEET ALONG AN EXISTING FENCE TO A SET %:" IRON REBAR ON THE SOUTH LINE OF SAID 40 ACRE TRACT; THENCE N89°59'00"W 503.85 FEET ALONG THE SOUTH LINE OF SAID 40 ACRE TRACT 503.85 FEET TO AN EXISTING IRON AT THE SOUTHEAST CORNER OF WILLOW SPRINGS SUBDIVISION; THENCE N00°06'36"W 994.45 FEET ALONG THE EAST LINE OF SAID SUBDIVISION TO A SET %x" IRON REBAR; THENCE LEAVING THE EAST LINE OF SAID SUBDIVISION S89058'50"E 890.58 FEET TO THE POINT OF BEGINNING, CONTAINING 17.19 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 17.19 ACRE TRACT BEING SUBJECT TO THE RIGHT OF WAY OF RUPPLE ROAD ALONG THE ENTIRE EAST BOUNDARY. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 03-33.00 AS SUBMITTED BY james mCcord ON BEHALF OF DUNNERSTOCK DEVELOPMENT, INC FOR PROPERTY LOCATED ON RUPPLE ROAD NORTH OF WEDINGTON DRIVE from r-a, rESIDENTIAL aGRICULTURAL TO RSF-4, rESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the zone classification of the following described property is hereby changed as follows: From R-A, Residential Agricultural to RSF4, Residential Single -Family, 4 Units Per Acre as shown in Exhibit "A" attached hereto and made a part hereof. Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED AND APPROVED this day of 92004. ATTEST: By: Sondra Smith, City Clerk APPROVED: By: DAN COODY, Mayor EXHIBIT "A" RZN 03-33,00 A PART OF THE NORTHWEST QUARTER (NW ''/4) OF THE NORTHEAST QUARTER (NE '/4) OF SECTION TWELVE (12), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S00°25'14"E ALONG THE EAST LINE OF SAID 40 ACRE TRACT 331.48 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING IN RUPPLE ROAD AND FROM WHICH A 'h" IRON REBAR REFERENCE IRON SET ON THE WEST RIGHT OF WAY LINE OF SAID ROAD BEARS N89058'50"W 22.68 FEET; THENCE S00°25' 14"E 607.93 FEET TO A POINT IN RUPPLE ROAD FROM WHICH A %z" IRON REBAR REFERENCE IRON SET ON THE WEST RIGHT OF WAY LINE OF SAID ROAD BEARS S89011131"W 25.77 FEET; THENCE LEAVING THE EAST LINE OF SAID 40 ACRE TRACT AND RUNNING ALONG AN EXISTING FENCE S89011'31"W 350.00 FEET TO A SET''/2" IRON REBAR; THENCE S00°25' 14"E 257.72 FEET TO A SET %" IRON REBAR; THENCE N89059'00"W 39.39 FEET TO A SET %," IRON REBAR; THENCE S00050'3897W 123.76 FEET ALONG AN EXISTING FENCE TO A SET %," IRON REBAR ON THE SOUTH LINE OF SAID 40 ACRE TRACT; THENCE N89°59'00"W 503.85 FEET ALONG THE SOUTH LINE OF SAID 40 ACRE TRACT 503.85 FEET TO AN EXISTING IRON AT THE SOUTHEAST CORNER OF WILLOW SPRINGS SUBDIVISION; THENCE N00°06'36"W 994.45 FEET ALONG THE EAST LINE OF SAID SUBDIVISION TO A SET 'h" IRON REBAR; THENCE LEAVING THE EAST LINE OF SAID SUBDIVISION S89058'50"E 890.58 FEET TO THE POINT OF BEGINNING, CONTAINING 17.19 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 17.19 ACRE TRACT BEING SUBJECT TO THE RIGHT OF WAY OF RUPPLE ROAD ALONG THE ENTIRE EAST BOUNDARY. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL To: Dawn Warrick Planning Division RRESPONDEN From: Clarice Buffalohead-Pearman City Clerk Division Date: April 23, 2004 Re: Ordinance No. 4555 w, Attached is a copy of the above ordinance passed by the City Council April 20, 2004, confirming the annexation request of the Dunnerstock Development, Inc. This ordinance with attachments will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. /cbp attachments v) /j,�rry rs AFFIDAVIT OF PUBLICATION I,&0 it PIL IIQ do solemnly swear that I am Legal Clerk of the Arkansas Democrat-Gazette/Northwest.Arkansas Times newspaper, printed and published in L'owdll, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: 0401 i� nOp-) was inserted in the regular editions on PO# I - c�LO "Publication Charge: $ Lie - 4l Subscribed and sworn to before me this day of A4X , 2004. U _ &gc — Notary Public 97 My Commission Expires: o7ldrldoO ** Please do not pay from Affidavit. An invoice will be sent. Official gear RECEIVED SEAN-MICHAEL ARGO MAY 0 5 20D4 Notary Public -Arkansas WASHINGTON COUNTY CITY OFFAYETTEVILLE My Commission Expires 07 25-2013 CITY CLERK'S OFFICE 212 NORTH EAST AVENUE • P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 ORDINANCE NO. 46M AN ORDINANCE CONFIRMING THE ANNE%ATION TO THE CfTY 'OF FAYE7TEl4LLE, ARKANSAS, OFCERTAIN PROPERTY OWNED BY Dl1NNERSTOCK DEVELOPMENT, INC. LOCATED ON RUFFLE ROAD NORTH OF WEOINGTON DRIVE Cft J CONTAINB4GAPROADMAOR 17.19 ACRES. D M,, of Ya R ONDAimED DY TNN CRY COUNCIL OP TN! CITY OP IAYICTTl ItuA, ARNANEAB: SWtion 1: That the City QCIRIc! hereby confmne ft ennaratpn to the City of Fayeft t . Aikertsae, of that property de&A*W in EN"M -A' attached hereto Dld made a pen horeot. Section 2: The oNtlal map of the Gty Of Fayetteville. ANartsaa Is hereby amended to reflect the ohatgs prodded In Section 1 abate. 11RO-AIRINS W. 4: That the abovo-des ibeo Property is hereby asJgrie0 to Word No. Four. D mW APPRMD this -201h day of April, 20D4. GOODY, "m EXHIBIT 'A' ANX 03-05.00 F THE NORTHWEST QUARTER (NW ) OF THE NORTHEAST QUARTER (NE _) OF SECTION '12), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST, BEING MORE ARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT, THENCE S00925'14'E ALONG THE EAST LINE OF SAID 40 ACRE TRACT 331.48 THE TRUE POINT OF BEGINNING, SAID POINT BEING IN RUPPLE ROAD AND FROM I HENCE LEAVING THE EAST UNE OF SAID 40 ACI FENCE 589011'31W 350.00 FEET TO A SET ' T TO A SET _ IRON REBAR: THENCE N89050 W It SUU tH LINE OF SAID 40 ACRE TRACT 503.85 FEET TO AN METING IRON AT IT CORNER OF WILLOW SPRINGS SUBDIVISION; THENCE N00°OB'36RV 994.45 IE EAST LINE OF SAID SUBDIVISION TO A SET _ IRON REBAR; THENCE LEAVING OF SAID SUBDIVISION SB9658'50-E 890.58 FEET TO THE POIM OF BEGINNING, .19 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANS4$. THE ABOVE 19 ACRE TRACT BEING SUBJECT TO THE RIGHT OF WAY OF RUFFLE ROAD NORTHWEST 1 / 4 1 , • r ,i; ► ► FFIDAVIT OF PUBLICATION I, do solemnly swear that I am Legal 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: was inserted in the regular editions on ** Publication Charge Subscribed and sworn to before me this _66 day of Aak 2004. Notary Public My Commission Expires: o71o'S/axis' ** Please do not pay from Affidavit. An invoice will be sent. RECEIVED O fficialai -- - - MAY 0 71004 L ARGOrkanses Cm OF FgyC77COUNTY�« CLER'/,gE���Fes 07-25.2013 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 0 (501) 442-1700 NO. AN ORDINANCE ON SUPPLE ROAD NORTH OF WEDINGTON DRIVE CONTAIN- ING APPROXIMATELY 17.19 ACRES. ft FM Y ITORDALRtD BY THE CT' COOIICLL OF THE CITY OF FATWUNW: Section 1: That the CityCancl hereby confirms the shinG1 15CR to the City of PayetteAle, Arkansas, of that property described in E# 'A' attached harBlO and made a part heraot. Section 2: The official map of the City of FayadeAAo. Arkansas is hereby amended to reflect the U19ng6 proHdeo In Section 1 about. Section 3: That the official zoning map of the ON of Fayef Wile. Mrahsas 1s hereby emended to assign the zcring designation of R-A. Residential A96cultuiel to the sublecl property. Section 4: That the allo -described property Is hereby assigned to Ward No. Four. and APPROWD this .201h day of ApA, 2004. fORDRA WRMr CItV Clot EXHIBfT'A' ANX 03-05.00 A PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 114) OF SEC. TION TWELVE It 2). TOWNSHIP SIXTEEN(16) NORTH RAN&E THIRTY-ONE(31) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCIN AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE SOW25.14-E ALONG THE EAST UNE OF SAID 40 ACRE TRACT 331.48 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING IN RUFFLE ROAD AND FROM WHICHA= IRON REBAR REFERENCE IRON SET ON THE WEST RIGHTOFWAY UNE OF SAID ROAD BEARS S89011'31"W 25.77 FEET THENCE LEAVING THE EAST UNE OF SAID 40 ACRE TRACT AND RUNNING ALONG AN EXISTING FENCE S89.11'31V 350.00 FEET TO A SET : IRON RESAR: THENCE S00025'14'E 257.72 FEET TO A SET _ IRON REBAR; THENCE N89059'0M 39,39 FEET TO A SET: IRON RESAR; THENCE SW50'38'W 123.76 FEET ALONG AN DOSTNJG FENCE TO A SET _ IRON REBAR ON THE SOUTH UNE OF SAID 40 ACRE TRACT THENCE 148905W)m 503.86 FEET ALONG THE SOUTH UNE OF SAID 40 ACRE TRACT 503.85 FEET TO AN EXISTING IRON AT THE SOUTHEAST CORNER OF WILLOW SPRINGS SUBDIVISION: THENCE N00006'36M 994.45 FEET ALONG THE EAST UNE OF SAID SUBDIVISION TO A SET _w IRON REBAR; THENCE LEAVING THE EAST UNE OF SAID SUBDIVISION SW58'50-E MOSS FEET TO THE POINT OF BEG9UN83C, CONTAINING 17.19 ACRES. MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 17.19 ACRE TRACT BEING SUBJECT TO THE RIGHT OF WAY OF SUPPLE ROAD ALONG THE ENTIRE EAST BOUNDARY. _ r RECEIVED MAY 0 7 2004 Cffy OF FAYETTEVILL[ m CU.4R1Cu C't=IC' .63,960 fD kA �Q k P ONSS P 16 w�Stri;+�RT Ar�cCtk. c- .4RK t?n IN THE COUNTY COURT OF WASHINGTON COUNTY ARKANSAS No. CC- 2003- / H IN RE: Annexation Petition of Wilbur Maurice Rankin, et al. .* f On this 4;�p ZZ/ day of August, 2003 is presented to the Washington County Court the Annexation Petition filed by Wilbur Maurice Rankin et al. Ark. Code Ann. Sec. 14-40-602(a) provides that the Court shall set a date for a . hearing on the Petition which date shall be not less than 30 days after the filing of the Petition. IT IS, THEREFORE, ORDER D that a hearing on the Annexation Petition filed herein is set for the ,S'ay of September, 2003 at D Vim. before the Washington County Court. ash gton Cou ty Judge Uoc�� 3o'F FIL FD r,03 V 10 1 •u;n�1 f � y� P Wk,� QBArE cV�EV4RP IN THE COUNTY COURT OF WASHINGTON COUNTY ARKANSAS NO, CC 2003-14 IN RE: ANNEXATION PETITION OF WILBUR MAURICE RANKIN, et al. ABSTRACTER'S CERTIFICATE Bronson Abstract Company, Inc. hereby certifies that Wilbur Maurice Rankin, Raymond Rankin and Susan Bowen are the recored owners of all the real esate described in Exhibit "A" to the Annexation Petition filed herein, a copy of which is attached hereto and made a part hereof, as reflected by the records in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. BRONSON ABSTRACT COMPANY, INC By: 56� '-- Printed name: 5� ( 11 '�i2sNSo�1 Title- f i dt4,i ,y 9 SURVEY DESCRIPTION APART OF THE NORTHWEST QUARTER (N W 1 /4) OF THE NORTHEAST QUARTER (NE1/4) OF SECTION TWELVE (12), TOWNSHIP SIXTEEN (16) NORTH5 RANGE THIRTY-ONE (31) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT: THENCE S00°25' 14"E ALONG THE EAST LINE OF SAID 40 ACRE TRACT 331.48 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING IN RUPPLE ROAD AND FROM WHICH A 'h" IRON REBAR REFERENCE IRON SET ON THE WEST RIGHT-OF-WAY LINE OF SAID ROAD BEARS N89°58'50"W 22.68 FEET; THENCE S00'25' 14"E 607.93 FEET TO A POINT IN RUPPLE ROAD FROM WHICH A'/i' IRON REBAR REFERENCE IRON SET ON THE WEST RIGHT-OF-WAY LINE OF SAID ROAD BEARS S99011'31"W 25.77 FEET; THENCE LEAVING THE EAST LINE OF SAID 40 ACRE TRACT AND RUINING ALONG AN EXISTING FENCE S8901I'31"W 350.00 FEET TO A SET'/s" IRON REBAR; THENCE S00°25' 14"E 257.72 FEET TO A SET'h" IRON REBAR; THENCE N89059'00"W 39.39 FEET TO A SET'h" [RON REBAR; THENCE S00°50'38$'W 123.76 FEET ALONG AN EXISTING FENCE TO A SET''/d' IRON REBAR ON THE SOUTH LINE OF SAID 40 ACRE TRACT; THENCE N89°59'00"W 503.85 FEET ALONG THE SOUTH LINE OF SAID 40 ACRE TRACT 503.85 FEET TO AN EXISTING IRON AT THE SOUTHEAST CORNER OF WILLOW SPRINGS SUBDIVISION; THENCEN00'06'36"W 994.45 FEET ; THENCE LLEEAAVINONG GTHE EAST EAST LINE OF E OF SAID SAID ON 889° 8 50"E 89 56 FEET O THE POINT OF BEGINNING, CONTAINING 17.19 ACRES, MORE OR LESS, WASHINGTON COUOVE DESCRIBED 17 . THE RIGHT-OF-WAY -WAYOFUPPLE ROAD ALONG IRUPPLE9 ACRE TRACT ROADENTIRE EAST EING SUBJECT TO T BOUNDARY. ,03 3 / �R aFED c 12 R!� 11 57 Co. a PRE$ S PR/TCN fit; <'S1ll^,jnTnQ' CLERK n' AR i. IN THE COUNTY COURT OF WASHINGTON COUNTY ARKANSAS NO. CC 2003-14 IN RE: ANNEXATION PETITION OF WILBUR MAURICE RANKIN, et al. SURVEYOR'S CERTIFICATE G. Alan Reid, Registered Professional Land Surveyor, State of Arkansas No. 1005, hereby certifies that Alan Reid & Associates surveyed the property described in Exhibit "A" to the Annexation Petition filed herein, prepared the legal description for said Exhibit "A", and prepared the map (plat) attached as Exhibit "B" to said Annexation Petition. Said Exhibits "A" and "B" are attached hereto. I further certify that the real property described in said Exhibit "A" is contiguous to and adjoins the City of F"etteville, AJ�apsas. y �. Reid d/b/a Alan Reid & Associates SURVEY DESCRIPTION A PART OF THE NORTHWEST QUAER (N W I /4) OF THE NORTHEAST QUARTEP (NEI/4) OF SECTION TWELVE (12), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S00025' 14"E ALONG THE EAST LINE OF SAID 40 ACRE TRACT 331.48 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING IN RUPPLE ROAD AND FROM WHICH A'W, IRON REBAR REFERENCE IRON SET ON THENCE�WES RIGHT-OF-WAY SH 411E-WAY LINE OF SAID ROAD BEARS N89 58'50"W 22.68 FEET; 607.93 FEET TO A POINT IN RUPPLE ROAD FROM WHICH A W, IRON REBAR REFERENCE IRON SET ON THE WEST RIGHT-OF-WAY LINE OF SAID ROAD BEARS S89011'3 VW 25.77 FEET; THENCE LEAVING THE EAST LINE OF SAID 40 ACRE TRACT AND RUNNING ALONG AN EXISTING FENCE S89°11'31"W 350.00 FEET TO A SET''/2" IRON REBAR; THENCE S00'25' 1411E 257.72 FEET TO A SET''/2" IRON REBAR; THENCE A ALONG AN EXISTING FENCE TO A SET %N FEET IRON REBAR ON THE SOUTH LINE OF SAID 40 ACRE TRACT; THENCE N89059'00"W 503.95 FEET ALONG THE SOUTH LINE OF SAID 40 ACRE TRACT 503.85 FEET TO AN EXISTING IRON AT THE SOUTHEAST CORNER OF WILLOW SPRINGS SUBDIVISION; THENCEN00°06'36"W 994.45 FEET LLEEAAVINONG GITHE EAS'r LINE OF EAST LINE OF SAID SAID ON S89°58'50"E 990 5N TO A SET 112 '1 IRON 8 FEET TO THE POINT OF BEGINNING, CONTAINING 17.19 ACRES, MORE OR LESS, WASHINGTON COUBOVE DESCRIBED 9 ACRETRACT BEING SUBJECT TO TNHE RIGHT-OF-WAY F TY ARKANSAS. THERUI PPLE ROAD ALONG THE ENTIRE EAST BOUNDARY- :' e 04IULOW SPRINGS SUHDIVISIt• • � I lift S x tl tl I '� tl Y I x Y wootl'xv i c ^F I . 8. x g 1S r I I I I I I I I az �. t I I x o� tio, 1 I o 5 ' r �LQ I � 8 e� g C � p x o t n=.li=-i�.-H=Ala-=�_11-r-^1-.'r=s�-..n Jf �v>=Dr=Y• - crcox R.r— --------------'n S g f a3 gg ps S p 99 � y� tot i^>V+ pgQ s ��RR4r1q sRS p' � E Mill � IN THE COUNTY COURT OF WASHINGTON COUNTY ARKANSAS No. CC- 2003-14 IN RE: Annexation Petition of Wilbur Maurice Rankin, et al. ORDER OF ANNEXATION On this 15t' day of September, 2003 comes on for hearing before the Washington County Court the Annexation Petition filed by Wilbur Maurice Rankin et al. From a review of the case file and the proof, the Court finds: 1. The allegations of the petition are sustained by the proof; 2. The requirements for signatures under Ark. Code Ann. Sec. 14-40-601 have been complied with; 3. The limits of the territory to be annexed have been accurately described and an accurate map thereof made and filed; and, 4. The prayer of the petitioners is right and proper. IT IS, THEREFORE, ORDERED that the Annexation Petition is hereby granted and the territory described in Exhibit "A" attached hereto is hereby annexed to the City of Fayetteville, Arkansas. ENTERED this 151" day of September, 2003. a in on County Judge i+ ) wo Cn c b, to _ cn r - r-- ca rr} c: x' 2 CAD v.2 _ �� < µ SLR VEY A PART OFNORTHWEST QUARTER (NW 1 /4) OF THE NORTHEAST QUARTER (NE1/4) OF SECTION TWELVE (12), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S00025' 14"L- ALONG THE EAST LINE OF SAID 40 ACRE TRACT 331.48 FEET TO TIE TRUE POINT OF BEGINNING, SAID POINT BEING IN RUPPLE ROAD AND FROM WHICH A W, IRON REBAR REFERENCE IRON SET ON THE WEST RIGHT-OF-WAY LINE OF SAID ROAD BEARS N89658'50"W 22.68 FEET; THENCE S00025' 1411E 607.93 A'/i' IRON REBAR REFERENCE FEET TO A POINT IN RUPPLE ROAD FROM WHICH IRON SET ON THE WEST RIGHT-OF-WAY LINE OF SAID ROAD BEARS S89011'31"W 25.77 FEET; THENCE LEAVING THE EAST LINE OF SAID 40 ACRE TRACT AND RUNNING ALONG AN EXISTING FENCE S89°1 1131"W 350.00 FEET TO A SET 'All IRON REBAR; THENCE S00025' 14"E 257.72 FEET TO A SET''/i' IRON REBAR; THENCE N89059'00"W 39.39 FEET TO A SET 'h" IRON REBAR; THENCE S00050'38"W 123.76 FEET ALONG AN EXISTING FENCE TO A SET''/i' IRON RL-BAR ON THE SOUTH LINE OF SAID 40 ACRE TRACT; THENCE N89059'00"W 503.85 FEET ALONG THE SOUTH LINE OF SAID 40 ACRE TRACT 503.85 FEET TO AN EXISTING IRON AT THE SOUTHEAST CORNER OF WILLOW SPRINGS SUBDIVISION; THENCE N00°06'36"W 994.45 FEET ALONG THE EAST LINE OF SAID SUBDIVISION TO A SET''/i' IRON REBAR; THENCE LEAVING THE EAST LINE OF SAID SUBDIVISION S89058150"E 890.58 FEET TO T14E POINT OF BEGINNING, CONTAINING 17.19 ACRES, MORE OR LESS, WASHINGTON TO TNHE RIGHT 0-OFABOVE DESCRIBED ROAD ALONG THE ENTIRE EAST BOUNDARYEING - Charlie Daniels Secretary of State June 3, 2004 The Honorable Karen Combs Pritchard Washington County & Probate Clerk 280 North College Ave., Suite 300 Fayetteville, AR. 72701 Dear Ms. Pritchard: State of Arkansas Secretary of State Business& Commercial Services 682-3409 Elections 682-5070 Building & Grounds 682-3532 Communications&Education 683-0057 State Capitol Police 682-5173 Business Office 682-8032 Information Technology 682.3411 The Following Information has been recorded and filed in the Office of the Secretary of State: Date: 06/03/2004 Annexation: Incorporation: Census Information 1st Class City 2nd Class City Incorporated Town County: Washington City: Fayetteville Ordinance No. - Co. Order No Plat Election Island Ordinance No. Co. Order No. Plat Election 4555 CC 2003-14 X 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, *9� XrA. 9 Leanna Godley F�ECFI\�Fh Election Services Representative JUN 0 7 2004 cllr o crr- Room 256 State Capitol • Little Rock, Arkansas 72201-1094 501-682-1010 • Pax 501.682.3510 e-mail: sos@aristotle.net 9 www.sos.arkansas.gov • 0 Washington County, AR I certify this instrument was filed on 05/21/2004 08:16:00 AM and recorded in Real Estate File Number 2004-00019883 Bette Stamps - Circuit Clerk by