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HomeMy WebLinkAboutOrdinance 4576i ORDINANCE NO. 4 5 7 6 AN ORDINANCE CONFIRMING THE ANNEXATION :-(kJ n c THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERTW R s PROPERTY OWNED BY NOONCASTER VINEYARDS, IH(:� LOCATED EAST OF CROSSOVER AND NORTH :Otto cq>z ry � HEARTHSTONE DRIVE CONTAINING APPROXIMATE�I',g co "' r- 20.01 ACRES. m cn 3 0 n r C_� �—• BE IT ORDAINED BY THE CITY COUNCIL OF rIA a IIX OF FAYETTEVILLE, ARKANSAS: a' 0 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. Three. PASSED AND APPROVED this 181h day of May, 2004. ;FAYETTEVILLE; ���'iaiuei��•••• ATTEST: By: &ddeone 8M"—"^ Sondra Smith, City Clerk APPROVED: By: Coody, Mayor i Illllll Illlll III lllll lull IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII Illl IIII Recorded: OS 25/20040atT11:16:48 AM Fee Amt: $11.00 Pace 1 of 2 Weehlnoton County. AR eette Stamoe circuit Clerk F11e2004-00025133 EXHIBIT "A" ANX 04-03.00 A PART OF THE SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARTER (SE '/4) AND A PART OF THE SOUTHEAST QUARTER (SE '/4) OF THE SOUTHWEST QUARTER (SW %4) ALL IN SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY-NINE (29) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARER (SE '/4), SAID POINT BEING AN EXISTING NAIL IN A FENCE CORNER POST; THNCE N87°10'45"W ALONG AN EXISTING FENCE 1320.09 FEET TO A SET IRON ON THE EAST BOUNDARY LINE OF STONEWOOD ADDITION, AN ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS; THENCE NO2°31'40"E 644.76 FEET TO AN EXISTING IRON AT THE NORTHEAST CORNER OF SAID ADDITION; THENCE S87°3I'29"E 9.46 FEET TO A SET IRON ON THE WEST LINE OF SAID SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARTER (SE '/4); THENCE N02024'04"E 6.59 FEET TO AN EXISTING IRON AT THE NORTHWEST CORNER OF THE SOUTH HALF (S ''/2) OF SAID SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARTER (SE 1/4);THENCE N02024'0499E ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARTER (SE 1/4 ) 8.80 FEET TO A SET IRON IN LINE WITH AN EXISTING FENCE; THENCE ALONG SAID FENCE, THE FOLLOWING BEARINGS AND DISTANCES: S87009'31"E 354.14 FEET TO A SET IRON; S87021'5899E 289.92 FEET; S87003111"E 407.46 FEET; S870IY24"E 259.66 FEET TO A SET IRON ON THE EAST LINE OF SAID SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARTER (SE 1/4);THENCE S02034'21"W 1.01 FEET TO AN EXISTING IRON AT THE NORTHEAST CORNER OF THE SOUTH HALF (S1/2) OF SAID SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4); THENCE S02034121"W 660.33 FEET TO THE POINT OF BEGINNING, CONTAINING 20.01 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. I Washington County, AR I certify this Instrument was filed on 08/25/2004 11:16:48 AM and recorded in Real Estate File Number 2004-00025133 Bette Stamp - it uit Clerk by OzaC, 4577 IN THE COUNTY COURT OF WASH NGTON COUNTY, ARKANSAS IN THE MATTER OF CASE NO. CC 201a L ANNEXATION OF CERTAIN LANDS TO y sr THE CITY OF FAYETTEVILLE, ARKANSAS a o z 3: co im PETITION FOR ANNEXATION 1 co m M. 3 COMES now, Nooncaster Vineyards, Inc., doing business as NVI GV<:UE Iac. c,3 Petitioner, s �, and for its Petition for Annexation, states and alleges as follows: 1. Petitioner is record title holder of the following described real property situated in Washington County, Arkansas: Apart of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SEI /4) and apart of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) all in Section Eighteen (18), Township Seventeen (17) North, Range Twenty -Nine (29) West, more particularly described as follows: Beginning at the Sourtheast comer of said Southwest Quarter (SW 1/4) of the Southeast Quarter (SEl/4), said point being an existing nail in a fence comer post; thence N 87degrees 10minutes 45seconds West along an existing fence 1320.09 feet to a set iron on the East boundary line of Stonewood Addition, an Addition to the City of Fayetteville, Arkansas; thence N 02degrees 31 minutes 40seconds E 644.76 feet to an existing iron at the Northeast comer of said addition; thence S 87degrees 31minutes 29seconds E 9.46 feet to a set iron on the West line of said Southwest Quarter (SW 1 /4) of the Southeast Quarter (SEl/4); thence N 02degrees 24minutes 04seconds E 6.59 feet to an existing iron at the Northwest comer of the South Half (S 1/2) of said Southwest Quarter (SW 1 /4) of the Southeast Quarter (SEl/4); thence N 02degrees 24minutes 04seconds E along the West line of said Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) 8.80 feet to a set 'von in line with an existing fence; thence along said fence, the following bearings and distances: S 87degrees 09minutes 31seconds E 354.14 feet to a set iron; S 87degrees 21minutes 58seconds E 289.92 feet; S 87degrees 03minutes 1 Iseconds E 407.46 feet; S 87degrees 13minutes 24seconds E 259.66 feet to a set iron on the East line of acid Southwest Quartea(SW 1/4) of the Southeast Quarter (SEl/4); thence S 02degrees 34 minutes 21 seconds W 1.01 feet to an existing iron at the Northeast corner of the South Half (S 1/2) of said Southwest Quarter (SW 1/4) of the Southeast Quarter(SEI/4); thence S 02degrees 34minutes 21 seconds W 660.33 feet to the point of beginning, containing 20.01 acres, more or less, Washington County, Arkansas. 2. All of the above -described real property is adjacent to and contiguous to the present city boundary line for the City of Fayetteville, Washington County, Arkansas. 3. The above -described real property is suitable for annexation to the City of RECEIA ` JUN 2 9 70a4 . ^Y. 41TY CLERK', Y r,VF Fayetteville, Arkansas, and is necessary for the proper growth, prosperity and management of the land and the City of Fayetteville, Arkansas. 4. Pursuant to Arkansas Code Annotated § 14-40-601 et seq, this Court has jurisdiction over the subject matter herein, and Petitioner requests that the above -described real property be annexed in and to the City of Fayetteville, Arkansas. 5. Petitioner further states that the law firm of Raymond C. Smith, P.A. of Fayetteville, Arkansas, is authorized to act for and on behalf of the Petitioner in all matters connected with this Petition and subsequent hearings or annexation proceedings connected herewith (See Exhibit "A" attached hereto). 6. Petitioners request this Court set a date for hearing on this Petition, not less than thirty days after filing of this Petition and subsequent hearings or annexation proceedings therewith. WHEREFORE, Petitioner prays that the above -described property be annexed to the City of Fayetteville, Washington County, Arkansas, pursuant to the provisions of Arkansas law, after a hearing thereon as required by law, and that this Court, by Order, fix a time and place for said hearing not less than thirty days from the filing of this Petition, and for all other relief which the Petitioners may be entitled. Nooncaster Vineyards, Inc. dba NVI Group, Inc. Petition By. ymond C mith Attorney at Law 70 N. College Ave. Suite 11 Fayetteville, AR 72701 Ark. Bar No. 80135 Attorney for Petitioners AUTHORIZATION I, Leslie Nooncaster, President of Nooncaster Vineyards, Inc., doing business as The NVI Group, Inc. authorize the law firm of Raymond C. Smith to act for and on our behalf of the aforesaid corporation, in all matters relating to the annexation and rezoning of the land, including but not limited to any and all petitions, applications, hearings, and proceedings before or with the City of Fayetteville, Arkansas and the County of Washington, Arkansas. Date: January 7, 2004 Y��ZL$ & 11M Leslie Nooncaster President Nooncaster Vineyards, Inc. dba The NVI Group, Inc. SIn KQ'38'IG'E lA ? �^ g�>0 tE a Am��zy 0 s —� N02031'400E a I O 644.76' i n 1= m y y 2 602°34'2ImW ® ❑ D� G ® O O D 3 : ? F _P_it m Z S O oOV' (11 N � N 1 y m Y , 660.33' w c O MOM W�pQtpS�£����s�v, � 8N=OA88w sA y�>_H >° psq (qq c pO�m+piy �yyyy�CamR�� gO�C >z� vor3 r3 E3�aCz y��y5o o`ei 3a`��� GWESs Y��s°z�ps�Za�m ��Gw>y m��a �j my��pzzm wo Appal a ���p����. OOC Z^�w wlnC Opa�OHROO p nc o o 57 !? a OAz x Lh�3o yid �'o� 0O n O A mD A ss� NN4 AA- YSm � Vr d P10 m pVN El FILED IN THE COUNTY COURT OF WASHINGTON COUNTY, � rUNTY, 8A 2RKAN$AS 2 i KARB i;011UC �RITCHARD IN THE MATTER OF CO. & jkilioaTE CLERK ANNEXATION OF CERTAIN LANDS TO THE Y!A S 111 r 0) C 0. ;� R ;. CITY OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2004-1 �{� ORDER OF ANNEXATION On thi� �y of February, 2004, this cause comes on to be heard, the Petitioner, Nooncaster Vineyards, Inc., doing business as NVI Group, Inc. represented by his Attorney, Raymond C. Smith of Fayetteville, Arkansas, announcing ready for a hearing of the cause and there being no protests or objections filed, whereupon, the matter is submitted to the Court upon the verified petition filed herein, and the oral and documentary evidence adduced, the Court being well and sufficiently advised finds: 1. The Petition in this cause was filed January 8, 2004, at which time the Court fixed February 19, 2004 at 9:00 a.m., as the date of hearing for said cause, and that a full thirty days notice of hearing was given as required by law and notice of publication is now on file with the Clerk of this Court and the Court has jurisdiction of this cause. 2. The Court is satisfied that the allegations of the petition are sustained by the proof, that the limits of the territory to be annexed have been properly filed, that the property owner has a freehold interest in the property hereinafter described in the petition and constitutes the real owner of the area affected. 3. The land proposed to be annexed to the City of Fayetteville, Washington County, Arkansas in this cause is described as follows: A part of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) and a part of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) all in Section Eighteen (18), Township Seventeen (17) North, Range Twenty -Nine (29) West, more particularly described as follows: Beginning at the Southeast comer of said Southwest Quarter (S W 1/4) of the Southeast Quarter (SE 1/4), said point being an existing nail in a fence comer post; thence N 87degrees 10minutes 45seconds West along an existing fence 1320.09 feet to a set iron on the East boundary line of Stonewood Addition, an Addition to the City of Fayetteville, Arkansas; thence N 02degrees 3lminutes 40seconds E 644.76 feet to an existing iron at the Northeast comer of said addition; thence S 87degrees 3lminutes 29seconds E 9.46 feet to a set iron on the West line of said Southwest Quarter (SW 1/4) of the Southeast Quarter (SEl/4); thence N 02degrees 24minutes 04seconds E 6.59 feet to an existing von at the Northwest corner of the South Half (S 1/2) of said Southwest Quarter (SW 1/4) of the Southeast Quarter (SEl/4); thence N 02degrees 24minutes 04seconds E along the West line of said Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) 8.80 feet to a set iron in line with an existing fence; thence along said fence, the following bearings and distances: S 87degrees 09minutes 31seconds E 354.14 feet to a set iron; S 87degrees 21minutes 58seconds E 289.92 feet; S 87degrees 03minutes 1 ]seconds E 407.46 feet; S 87degrees 13minutes 24seconds E 259.66 feet to a set iron on the East line of said Southwest Quarter(SW 1/4) of the Southeast Quarter (SEl/4); thence S 02degrees 34 minutes 21 seconds W 1.01 feet to an existing iron at the Northeast corner of the South Half (S 1/2) of said Southwest Quarter (SW 1/4) of the Southeast Quarter(SEl/4); thence S 02degrees 34minutes 21 seconds W 660.33 feet to the point of beginning, containing 20.01 acres, more or less, Washington County, Arkansas. 4. The area is not unusually large and it is contiguous and adjacent to and adjoins the present corporate limits of the City of Fayetteville, and it is particularly adapted for urban purposes and this territory should be annexed to and made a part of the City of Fayetteville, Arkansas. 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. Sec. 14-40-601, et seq, and this Order shall be duly recorded by the Clerk of Washington County, Arkansas. 6 L OUNTY JUDGE V V X. . 'q FROM WACO CLERK, Sandra L. Nochstettcr Chairman (501)682-1455 Daryl E. Bassett Commissioner (501) 602.1453 Randy Bynum Commissioner (501)682.1451 July 1, 2004 (FRI)JUL 2 2004 11 ARKANSAS • PUBLIC SERVICE COMMISSION TAX DIVISION 1000 Center Street P.O. Box 8021 Little Rock, Arkansas 72203-8021 Phone (501) 682-1231 Fax (501) 682-6043 E-mail: tax psc.state.ar.us Sarah M. Bradshaw Direclor (501)682.1231 o . Ms. Shirley Brown Washington County Deputy Clerk c 280 North College Avenue, Suite 300 m Fayetteville, AR 72701 co m Re: Annexations � -4 cm A rr. h Dear Ms. Brown, e1 r M 0 This is to acknowledge receipt of annexation(s) order of annexation CC-2004-1. The information has been forwarded to the appropriate utilities. Sincerely, Katffi hes Executive Secretary 2 v FROM WACO CLERK (MON)JUL 12 2004 9:44/ST. 9:44/0.6314274196 P F`-ia�`T� • State of Arkansas O�0 �, t�'r� 9~•0 a Secretary of State t 8uslnos& Connncrdul semicce 65234t19 Y�, Y P.I�clipna 662 .5070 Building& Grounds 6823532 �RHAN 8 Communication M Pducatlar 6834057 stale Capitol rollce 682.5173 Charlie Daniels B1131ne33011IC1: 682.8032 Secretary of State In(ormutlan 7ccnmmo6y M7-3411 July 6, 2004 The Honorable Karen Combs Pritchard Washington County & Probate Clerk 280 North College Ave., Suite 300 Fayetteville, AR. 72701 Dear Ms. Pritchard: The Following Information has been recorded and filed in the Office of the Secretary of State: Date: 07/3/2004 County: Washington City: Fayetteville Annexation: Ordinance No; -• 4576 Co. Order No CC 2004-1 " a o - 1 Plat - K C� Election -U c� Island ? c Incorporation: Ordinance No. a > N Co. Order No. s —+ Plat o n 3 Election n IN Ole Census Information rn = Ift 1st Class City a GO 2nd Class City Incorporated Town r— m G 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 V Election Services Representative Room 2S8 State Capitol • Little Rock, Arkansas 72201.1094 50"82.1010 • Fax 501682.3S10 e-mail: someartetotle-net 9 w .sos.arkansas.gov 2 0 NAME OF FILE: Ordinance No. 4576 w/Ex. A CROSS REFERENCE: Item # Date Document 1 04/29/04 Imemo to mayor & city council 2 draft ordinance 3 04/21/04 memo to Planning Commission 4 04/30/04 copy of Petition for Annexation 5 01/07/04 copy of Authorization 6 copy of map 7 copy of map 8 02/27/04 Order of Annexation 9 04/20/04 memo to planning 10 04/19/04 letter to Dawn Warrick 11 copy of ownship information 12 copy of map 13 F legal description 14 copy of map 15 copy of Close Up View 16 copy of One Mile View 17 copy of Future Use Land 18 04/26/04 copy of Planning Commission minutes 19 05/03/04 Staff Review 20 05/24/04 memo to Dawn Warrick 21 05/25/04 Affidavit of Publication copy of Petition for Annexation copy of Authorization copy of map copy of map copy of Order Setting Hearing copy of Order of Annexation 07/02/04 fax sheet from Wash. Co. Clerk's ofc 07/01/04 letter to Shirley Brown 07/01/04 letter to Shirley Brown 07/07/04 letter to Sondra Smith 07/02/04 Order Confirming Annexation w/copy of Ord. 4576 07/12/04 Ifax sheet from Wash. Co. Clerk's ofc 07/06/04 1 letter to Karen Combs Pritchard NOTES: 06/25/04 Ifiled w/Wash. Co. Circuit Clerk 1AYMOND C. SMITH, PA. ATTORNEY AT LAW MICROFILMED Telephone (479) 521-7011 Barristers Place, Suite 11 FAX (479) 443-4333 70 North College Avenue Toll Free 1-800-282-0168 Fayetteville, Arkansas 72701-6101 August 2, 2004 Email nmid17011@sbcglobal.net Sondra Smith, City Clerk City of Fayetteville 113 W. Mountain Street Fayetteville, Arkansas 72701 Re: In The Matter of Annexation of Certain Lands To The City of Fayetteville, Arkansas Washington County Court Case No. CC 2004-24 Dear Sondra: Enclosed is a filed mark copy of the Order of Annexation entered on August 2, 2004, in regard to lands owned by John and Leslie Nooncaster and Frank and Ann Kelly. Sincerely, Zymond C. S th Encl. ` IVED AUG 0 4 20% CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Rr- o%'v=D pI1F ' ^. 2OQ4 EVILLE OFFICE IN THE COUNTY COURT OF WASHINGTON COUNTY, A"NSAs IN THE MATTER OF 'Oy us Ill tt ANNEXATION OF CERTAIN LANDS TO THE o 2 P•' � 36 CITY OF FAYETTEVILLE, ARKANSAS CASE 1 6.�;ft 2Q04-24 cti ii ORDER OF ANNEXATION C�fp C 4 • ;, ,,., _ E On this day of August, 2004, this cause comes onto be heard, the Petitioners, John and Leslie Nooncaster and Frank and Ann Kelly, represented by their Attorney, Raymond C. Smith of Fayetteville, Arkansas, announcing ready for a hearing of the cause and there being no protests or objections filed, whereupon, the matter is submitted to the Court upon the verified petition filed herein, and the oral and documentary evidence adduced, the Court being well and sufficiently advised finds: 1. The Petition in this cause was filed June 15, 2004, and the Court on June 29, 2004, fixed August 2, 2004 at 9:30 a.m., as the date of hearing for said cause, and that a full thirty days notice of hearing was given as required by law and notice of publication is now on file with the Clerk of this Court and the Court has jurisdiction of this cause. 2. The Court is satisfied that the allegations of the petition are sustained by the proof, that the limits of the territory to be annexed have been properly filed, that the property owner has a freehold interest in the property hereinafter described in the petition and constitutes the real owner of the area affected. 3. The land proposed to be annexed to the City of Fayetteville, Washington County, Arkansas in this cause is described as follows: A PART OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE114) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY-NINE (29) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE ORDER OF ANNEXATION PAGE IOF3 Y • S02024104"W ALONG THE WEST LINE OF SAID 40 ACRE TRACT 330.00 FEET TO A POINT ON THE SOUTH CITY LIMITS OF SPRINGDALE, ARKANSAS. THENCE S87024'15"E 364.40 FEET ALONG SAID CITY LIMITS LINE, SAID LINE BEING 330.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID 40 ACRE TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CITY LIMITS LINE S87024' 15"E 947.85 FEET TO A POINT IN AN EXISTING FENCE LINE; THENCE S02033'59"W 328.27 FEET TO A FENCE CORNER POST; THENCE N87013'24"W ALONG SAID FENCE 259.66 FEET TO A FENCE CORNER POST; THENCE N87°03'11"W ALONG SAID FENCE 407.55 FEET TO A FENCE CORNER POST; THENCE N87°21'58"W ALONG SAID FENCE 279.71 FEET; THENCE LEAVING SAID FENCE NO2°24'04"E 324.77 FEET TO THE POINT OF BEGINNING, CONTAINING 7.10 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. A PART OF THE NORTH HALF (N1/2) OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY-NINE (29) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID 20 ACRE TRACT; THENCE S02°24'04"W ALONG THE WEST LINE OF SAID 20 ACRE TRACT 330.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTH CITY LIMITS OF SPRINGDALE, ARKANSAS; THENCE S87124'15"E 364.40 FEET ALONG SAID CITY LIMITS LINE, SAID LINE BEING 330.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID 20 ACRE TRACT; THENCE LEAVING SAID CITY LIMITS LINE S02024'04"W 324.77 FEET TO A POINT IN AN EXISTING FENCE LINE; THENCE N87°31'28"W ALONG SAID FENCE LINE 10.27 FEET TO AN EXISTING IRON; THENCE N87009'31"W ALONG SAID FENCE LINE 354.14 FEET TO AN EXISTING IRON ON THE WEST LINE OF SAID FORTY ACRE TRACT; THENCE LEAVING SAID FENCE LINE N02024'04" E 323.28 FEET TO THE POINT OF BEGINNING, CONTAINING 2.71 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. 4. The area is not unusually large and it is contiguous and adjacent to and adjoins the present corporate limits of the City of Fayetteville, and it is particularly adapted for urban ORDER OF ANNEXATION PAGE 2OF3 purposes and this territory should be annexed to and made a part of the City of Fayetteville, Arkansas. 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. Sec. 14-40-601, et seq, and this Order shall be duly recorded by the Clerk of Washington County, Arkansas. TY JUDGE ORDER OF ANNEXATION PACE 3 OF 3 5 8/0 9( City Councilteeting of May 18, 2004 Y 574 Agenda Item Number CITY COUNCIL AGENDA MEMO /FNK 05�rD3.Q Nc„N c�sto.� To: Mayor and City Council / n 4 yewd5 Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator Date: April 29, 2004 Subject: Annexation for Nooncaster (ANX 04-03.00) RECOMMENDATION Planning Staff recommends approval of the requested annexation for Nooncaster. This action will incorporate a 20.01 acre tract of land contiguous with the city limits on three sides into the City of Fayetteville. The request is to annex the subject property into the City of Fayetteville. The subject property is 20.01 acres and located in north Fayetteville. The property is surrounded on three sides by developed or approved Fayetteville subdivisions: Stonewood Gardens to the west, Copper Creek Phase I to the south and Copper Creek Phase 11 to the east. To the north is one intervening property from the Springdale city limits. The subject property has been anticipated for growth by surrounding development; infrastructure has been stubbed out on all three sides to provide street connectivity and looped utility service for development on the 20-acre tract. Proposal: The applicant requests annexation into the City of Fayetteville, along with a companion rezoning request. DISCUSSION On April 26, 2004, the Planning Commission voted 6-0-0 to forward this item to the City Council with a recommendation for approval with an accompanying rezoning request. BUDGET IMPACT 12MI N ORDINANCE NO, AN ORDINANCE CONFIRMING THE ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERTAIN PROPERTY OWNED BY NOONCASTER VINEYARDS, INC, LOCATED EAST OF CROSSOVER AND NORTH OF HEARTHSTONE DRIVE CONTAINING APPROXIMATELY 20.01 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. Three. PASSED AND APPROVED this day of 2004. 099IMO]L/a13 By: Dan Coody, Mayor FONNOW16 Sondra Smith, City Clerk EXHIBIT "A" ANX 04-03,00 A PART OF THE SOUTHWEST QUARTER (SW %4) OF THE SOUTHEAST QUARTER (SE %4) AND A PART OF THE SOUTHEAST QUARTER (SE '/4) OF THE SOUTHWEST QUARTER (SW '/4) ALL IN SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY-NINE (29) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARER (SE '/4), SAID POINT BEING AN EXISTING NAIL IN A FENCE CORNER POST; THNCE N87°10'45"W ALONG AN EXISTING FENCE 1320.09 FEET TO A SET IRON ON THE EAST BOUNDARY LINE OF STONEWOOD ADDITION, AN ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS; THENCE NO2°31'40"E 644.76 FEET TO AN EXISTING IRON AT THE NORTHEAST CORNER OF SAID ADDITION; THENCE S87°31'29"E 9.46 FEET TO A SET IRON ON THE WEST LINE OF SAID SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARTER (SE '/4); THENCE NO2°24'04"E 6.59 FEET TO AN EXISTING IRON AT THE NORTHWEST CORNER OF THE SOUTH HALF (S ''/I) OF SAID SOUTHWEST QUARTER (SW %4) OF THE SOUTHEAST QUARTER (SE '/4); THENCE N02024104"E ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARTER (SE 1/4 ) 8.80 FEET TO A SET IRON IN LINE WITH AN EXISTING FENCE; THENCE ALONG SAID FENCE, THE FOLLOWING BEARINGS AND DISTANCES: S87009'31"E 354.14 FEET TO A SET IRON; S87021'58"E 289.92 FEET; S87003' I 1 "E 407.46 FEET; S87013'24"E 259.66 FEET TO A SET IRON ON THE EAST LINE OF SAID SOUTHWEST QUARTER (SW %4) OF THE SOUTHEAST QUARTER (SE '/4); THENCE S02034'21"W 1.01 FEET TO AN EXISTING IRON AT THE NORTHEAST CORNER OF THE SOUTH HALF (S1/2) OF SAID SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARTER (SE %4); THENCE S02°34'21"W 660.33 FEET TO THE POINT OF BEGINNING, CONTAINING 20.01 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. FAYETTEVILLE THE CITY OF FAYETrEVILLE, ARKANSAS PC Meeting of April 26, 2004 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jeremy Pate, Associate Planner THRU: Dawn Warrick, AICP, Zoning & Development Administrator DATE: April 21, 2004 ANX 04-03.00: Annexation (Nooncaster, pp 61) was submitted by Raymond Smith, Attorney, on behalf of Nooncaster Vineyards, Inc. for property located east of Crossover Road and north of Hearthstone Drive (Stonewood S/D.) The property is in the Planning Area and contains approximately 20.01 acres. The request is to annex the subject property into the City of Fayetteville. Planner: Jeremy Pate RECOMMENDATION: Staff recommends approval of the requested annexation based on the findings included as part of this report. April 26, 2004 COUNCIL ACTION: May 18, 2004 ` BACKGROUND: CTION.: Required -YES CD Approved . " O Denied Required YES O Approved ODenied Property Description: The subject property is 20.01 acres of vacant property located in north Fayetteville. The property is surrounded on the west, south and east by platted subdivisions, currently in various phases of development. To the west is Stonewood Subdivision and to the south and east is Copper Creek Subdivision, Phases I and II, respectively. Right-of-way is stubbed from each of the three developments for future access and street connections. Single family residences are located north of the subject property along Albright Road. Proposal: The applicant intends to develop a single family residential subdivision. Request: The applicant is requesting to be annexed into the City of Fayetteville. K. Wepar[s11004PC Reporu104-16-04WNX 04-03.00 (Noon ter).d" Related Issues: When property is annexed into the City, it is annexed as R-A Residential Agricultural. If the annexation is recommended for approval to City Council, the applicant would like to rezone the 20.01 acres to RSF-4, Residential Single Family, 4 Units per Acre. The rezoning request, RZN 04-08.00, is an accompanying item to this annexation request. Property that is developed and/or subdivided in the Planning Area of the City of Fayetteville, outside of the city limits, does not allow for the enforcement of many regulations required within the City, thereby allowing for a uniform and consistent standard of development. When property that is consistent with the General Plan 2020 and the City's guiding policy of annexation is incorporated into the city and developed, it allows for the following: Compatibility in land use and development standards Ability to plan future capital improvements Ability to require the same level of infrastructure improvements required for new development within these areas as required within the City Less confusion for public safety — police and fire — who responds • Police Protection • Fire Protection • Trash Service • Sewer service • Water service • Street standards (curb and gutter) and construction specifications • Sidewalks, based on the Master Street Plan • Street lights • Grading and Drainage review • Detention • Zoning Regulations (setbacks, bulk and area requirements, land use) • Code enforcement • Tree Preservation Parks land dedication Without appropriate annexation, developers of property in the Planning Area are offered water service from the City of Fayetteville, but have none of the other regulatory responsibilities for development. Many of the public services offered to citizens of Fayetteville in adjacent properties are not offered to those beyond the city limit boundary. In some cases, new subdivisions adjacent to one another have very different street construction, creating problems with transition and the establishment of an efficient network of infrastructure. Property that develops directly adjacent to the city limits are typically required to develop within City specifications for street construction. However, other requirements such as parks, detention, grading and drainage, zoning/land use, tree preservation, etc. are not within the City's ability to control. Recommendation: Staff recommends approval of the annexation request. Future changes or additional development on this site will be regulated by the city allowing for a more uniform and consistent development pattern. K. IReports120041PC Reporls104-26-04WNX 04-03.00 (Noonmsler).doc SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Single family residential In county, no zoning. South Copper Creek S/D, Phase I RSF-4, Res. Single Family, 4 DU/Acre East Copper Creek S/D, Phase II RSF-4, Res. Single Family, 4 DU/Acre West Stonewood Subdivision RSF-4, Res. Single Family, 4 DU/Acre INFRASTRUCTURE: Streets: Currently three streets are constructed or are being constructed to allow future access to development on the subject property. Stonewood Subdivision to west, Copper Creek I to the south and Copper Creek II to the east were all required to stub out street connections through the development review process to allow for future access to this property. With development of the subject property, the developer will be required to tie in to these street connections, allowing for connectivity through the subdivision. Additionally, connectivity to the north will be reviewed at that time. Water: The property will have access to an 8" looped water main system that was installed with the Copper Creek Phase I Subdivision and Stonewood Subdivision. An extension of the water main will be required to provide water supply and fire protection within any development on this property. Sewer: The site will have access to an 8" sewer main that was installed with the Copper Creek Phase Subdivision and Stonewood Subdivision. Sewer will need to be extended within the development. The developer's engineer will need to provide calculations to show that there is adequate capacity in the Stonewood lift station. Upgrades to this station and/or force mains may be required. Fire: The subject property is located 3.9 miles from Fire Station #4 on Plainview. Normal driving time is 6 min. 03 seconds. Water supply will be necessary for this property to develop. LAND USE PLAN: General Plan 2020 designates this site as Residential. FINDINGS: 11.6 ANNEXATION GUIDING POLICIES 11.6.a Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. K:IRepor1s120041PC Reportt104-26-0414NX 04-03.00 (Noonwster).doc Finding: The requested annexation will not create an island or peninsula. 11.6.b Proposed annexation area must be adjacent, or contiguous, to city limits. Finding: The proposed annexation area is adjacent and contiguous to Fayetteville City Limits on the west, south and east. 11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: The proposed annexation is for an area proposed for residential development. Development plans will include the extension of single family neighborhoods into this area. 11.6.d Boundaries for annexed areas should follow natural corridors. Finding: Proposed boundaries follow property lines or desired property lines. 11.6.e Timing of services within annexation areas should be considered. Finding: The timing of the requested annexation is sufficient. Infrastructure is currently being installed on adjacent property and/or was stubbed out to serve this property in the future. 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: Fire Department: Response time to this location is 6 minutes, 3 seconds from Fire Station #4 on Plainview, a total of 3.9 miles. Water supply and fire hydrants will be required with development. Vehicle access will also be required with a twenty foot minimum wide access. Police: The Fayetteville Police Department already serves this area, with city limits on three sides of the subject property. It is the opinion of the Fayetteville Police Dept. that this annexation request, and the associated rezoning request, will not substantially increase the load on police services. K. V2eporls12004PC Reports104-26-04NNX 04-03.00 (Noon=ter).d" I 11.6.h Annexed areas should receive the same level of service of areas already in the city limits. Finding: Surrounding subdivisions anticipated the development of this tract, and subsequently have been required to provide access to public infrastructure should the property be annexed. The fire department can adequately respond to this area, and the Police Department already serves surrounding areas. The same level of service will be provided to this property as that provided to areas already within the city. 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: Fire and police protection are currently provided in this area. Water and sewer lines are in the nearby vicinity, and are being extended with adjacent subdivision developments. 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: An extension of the water main will be required to provide water supply and fire protection within any development on this property. The site will have access to an 8" sewer main that was installed with the Copper Creek Phase Subdivision and Stonewood Subdivision. Sewer will need to be extended within the development. The developer's engineer will need to provide calculations to show that there is adequate capacity in the Stonewood lift station. Upgrades to this station and/or force mains may be required. If the existing lift stations are not capable of handling the increase in flow, then improvements must be made to accommodate the additional loads. The proposed annexation and potential rezoning could result in 80 dwelling units. Using 2.21 persons per occupied unit (2000 Census for Fayetteville), the total population of this rezoning could be 177 persons. 11.6.1 Phased annexation should be initiated by the City within active annexation areas based on planned service extensions or availability of services. K. IRepons110041PC ReporaI04-16-04WNX 04-03.00 (Noonmster).doc 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 the 20.01 acres to RSF-4, Residential Single Family, 4 units per acre. 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. Responses are included in the staff report. 11.6.q Development proposals require a separate review from the annexation proposals. Finding: The development of the subject property will be required to go through the development review process. 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. 11.6.w Encourage larger annexations to create acceptable boundaries. Finding: Staff finds that this request is of acceptable size. The request creates a reasonable boundary avoiding the creation of islands or peninsulas. K:IReports120041PCReporta104-26-04WNX04-03.00 (Noonmster).doc E 11.6.t Conduct a fiscal impact assessments on large annexations. Finding: N/A K. Weparn12004WC Reporu104-26-04WNX04-03.00 (Noonmsmr).doc 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 11.6. 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. 11.6.w Encourage larger annexations to create acceptable boundaries. 11.6.t Conduct a fiscal impact assessments on large annexations. K: WorbI20041PC Reportr104-16-04WNX04-03.00(Noonmswr).doc FROM WACO CLERK • (FRO APR 30 2004 110/ST.11,15/NO.6314274970 P 2 IN THE COUNTY COURT OF WASIUNGTON COUNTY, ARKANSAS �j A 6 IN THE MATTER OF CASE NO, CC 2JU a ANNEXATION OF CERTAIN LANDS TO x ro z Z THE CITY OF FAYETTEVIILE, ARKANSAS z. :0 ca m P PETITION FOR ANNIFXATION A n m c-3 rrrt � 3 COMES now, Nooncaster Vineyards, Inc., doing business as NVI G��'ott�9R. ca Petitioner, a and for its Petition for Annexation, states and alleges as follows: 1. Petitioner is record title bolder of the following described real property situated in Washington County, Arkansas: Apart of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE1 /4) and a pan of the Southeast Quarter (SEl/4) of the Southwest Quarter (SW1/4) all in Section Eighteen (18), Township Seventeen (17) North, Range Twenty -Nine (29) West, more particularly described as follows: Beginning at the Southeast comer of said Southwest Quarter (SW 114) of the Southeast Quarter (SE1/4), said point being an existing unit in a fence comer post; thmoc N Mcgnms I Ominutcs 45sccands Wcst along an existing fence 1320.09 feet to a set iron on the East boundary line of Stonewood Addition, an Addition to the City of Fayetteville, Arkansas; thence N 02degrees 31 minutes 40seconds E 644.76 feet to an existing 'von at the Northeast comer of said addition; thence S 87degrees 31 minutes 29seconds E 9.46 feet to a set iron on the West line of said Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4); thence N 02degtees 24minutes 04seconds E 6.59 feet to an existing iron at the Northwest comer of the South Half (Sl/2) of said Southwest Quarter (SW 1/4) of the Southeast Quarter (SEl /4); thence N 02degrccs 24minutes 04seconds E along the West line of said Southwest Quarter (SW I /4) of the Southeast Quarter (SE 1/4) 8.80 feet to a set iron in line with an existing fence; thence along said fence, the following bearings and distances: S 87degrees 09minutes 31 seconds E 3 M.14 feet to a set iron; S 87degrees 21 minutes SBsecatds E 289.92 feet; S 87degrees 03mimttes I Isecoods E 407.46 feet; S 87degrees 13minutes 24seconds 9 259.66 feet to a set iron on the East line of said Southwest Quarter(S W 1/4) of the Southeast Quarter (SE 114); thence S 02degrees 34 minutes 21 seconds W 1.01 feet to an existing iron at the Northeast comer of the South Half (S1/2) of said Southwest Quarter (S W 1/4) of the Southeast Quarter(SEI/4); thence S 02degr= 34minutes 2lseoonds W 660.33 feet to the point of beginning, containing 20.01 acres, more or less, Washington County, Arkansas, 2, All of the above -described real property is adjacent to and contiguous to the present city boundary line for the City of Fayetteville, Washington County, Arkansas. 3. The above -described real property is suitable for annexation to the City of FROM WACO CLERK • (FRI)APR 30 2004 11•/ST.11:15/NO.6314274970 P 3 Fayetteville, Arkansas, and is necessary for the proper growth, prosperity and management of the land and the City of Fayetteville, Arkansas. 4. Pursuant to Arkansas Code Annotated § 14-40.601 et seq, this Court has jurisdiction over the subject matter herein, and Petitioner requests that the abov"escribed real property be annexed in and to the City of Fayetteville, Arkansas. S. Petitioner further states that the law firm of Raymond C. Smith, P.A. of Fayetteville, Arkansas, is authorized to act for and on behalf of the Petitioner in all matters connected with this Petition and subsequent hearings or annexation proceedings connected herewith (See Exhibit "A" attached hereto). 6. Petitioners request this Court set a date for hearing on this Petition, not less than thirty days after filing of this Petition and subsequent hearings or annexation proceedings therewith. WHEREFORE, Petitioner prays that the above -described property be annexed to the City of Fayetteville, Washington County, Arkansas, pursuant to the provisions of Arkansas law, after a hearing thereon as required by law, and that this Court, by Order, fix a time and place for said hearing not less than thirty days from the filing of this Petition, and for all other relief which the Petitioners may be entitled Nooneaster Vineyards, Inc. dba NVI Group, Inc. Petition By. 4 C2!q > ymond C mith Attorney at Law 70 N. College Ave. Suite 11 Fayetteville, AR 72701 Ark. Bar No. 80135 Attorney for Petitioners FROM WACO CLERK • (FRI)APR 30 2004 11WST.11:15/NO.6314274970 P 4 AUTHORIZATION I, Leslie Nooncaster, President of Nooncaster Vineyards, Inc., doing business as The NVI Group, Inc. authorize the law firm of Raymond C. Smith to act for and on our behalf of the aforesaid corporation, in all matters relating to the annexation and rezoning of the land, including but not limited to any and all petitions, applications, hearings, and proceedings before or with the City of Fayetteville, Arkansas and the County of Washington, Arkansas. Date: January 7, 2004 Y.c.�L4 / I 4M,4 Leslie Nooncaster President Nooncaster Vineyards, Inc. dba The NVI Group, Inc. FROM #G CLERK n\#R30 og HeaTng5Z:�39Gag:P 5 A� tit ' .§ § \\\} J i —�� � .. ,� .�1«\ , �, ;I! 9:44: ..�, b| ;• - A. � 7,> ,=oo�(D !|.�;,,•|$ � /§| 970 P 6 ,? 41 IN THE COUNTY COURT OF WASHINGTON16OUI�1'Y, ARKAANS S IN THE MATTER OF ANNEXATION OF CERTAIN LANDS TO THE 4 CITY OF FAYETTEVILLE, ARKANSAS CASE N0. CC 2004-1-1 ORDER OF ANNEXATION On this V( ay of February, 2004, this cause comes on to be heard, the Petitioner, Nooncaster Vineyards, Inc., doing business as NVI Group, Inc. represented by his Attorney, Raymond C. Smith of Fayetteville, Arkansas, announcing ready for a hearing of the cause and there being no protests or objections filed, whereupon, the matter is submitted to the Court upon the verified petition filed herein, and the oral and . documentary evidence adduced, the Court being well and sufficiently advised finds: l . The Petition in this cause was filed January 8, 2004, at which time the Court fixed February 19, 2004 at 9:00 a.m., as the date of hearing for said cause, and that a full thirty days notice of hearing was given as required by law and notice of publication is now on file with the Clerk of this Court and the Court has jurisdiction of this cause. 2. The Court is satisfied that the allegations of the petition are sustained by the proof, that the limits of the territory to be annexed have been properly filed, that the property owner has a freehold interest in the property hereinafter described in the petition and constitutes the real owner of the area affected. 3. The land proposed to be annexed to the City of Fayetteville, Washington County, Arkansas in this cause is described as follows: Apart of the Southwest Quarter (S W I/4) of the Southeast Quarter (SE 1 /4) and apart of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) all in Section Eighteen (I8), Township Seventeen (17) North, Range Twenty -Nine (29) West, more particularly described as follows: Beginning at the Southeast confer of said Southwest Quarter _ t ;' 93 f� w' (SWI/4) of the Southeast Quarter (SE I/4), said point being an existing nail in a fence c9m� � post; thence N 87degrees 1 Ominutes 45seconds West along an existing fence 1320.09 feet to a set von on the East boundary line of Stonewood Addition, an Addition to the City of Fayetteville, Arkansas; thence N 02degrees 3 iminutes 40seconds E 644.76 feet to an existing iron at the Northeast comer of said addition; thence S 87degrees 31 minutes 29seconds E 9.46 feet to a set iron on the West line of said Southwest Quarter (SWIM) of the Southeast Quarter (SE 1/4); thence N 02degrees 24minutes 04seconds E 6.59 feet to an existing iron at the Northwest comer of the South Half (S l /2) of said Southwest Quarter (S W 1/4) of the Southeast Quarter (SE 1/4); thence N 02degrees 24minutes 04seconds E along the West line of said Southwest Quarter (S W I /4) of the Southeast Quarter (SE l/4) 8.80 feet to a set iron in line with an existing fence; thence along said fence, the following bearings and distances: S 87degrees 09minutes 31seconds E 354.14 feet to a set iron; S 87degrees 21minutes 58seconds E 289.92 feet; S 87degrees 03minutes I Iseconds E 407.46 feet; S 87degrees 13minutes 24seconds E 259.66 feet to a set von on the East line of acid Southwest Quarter(SW 1/4) of the Southeast Quarter (SEI/4); thence S 02degrees 34 minutes 21 seconds W 1.01 feet to an existing iron at the Northeast comer of the South Half (S 1/2) of said Southwest Quarter (SW 1/4) of the Southeast Quarter(SE 1/4); thence S 02degrees 34minutes 21seconds W 660.33 feet to the point of beginning, containing 20.01 acres, more or less, Washington County, Arkansas. 4. The area is not unusually large and it is contiguous and adjacent to and adjoins the present corporate limits of the City of Fayetteville, and it is particularly adapted for urban purposes and this territory should be annexed to and made a part of the City of Fayetteville, Arkansas. 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. Sec. 1440-601, et seq, and this Order shall be duly recorded by the Clerk of Washington County, Arkansas. `- RED OUNTY JUDGE Apr 21 04 10:30a D&y Farrar (50 444-3447 p.3 FAYETTEVILLE FIRE MARSHAVS OFFICE THE CITY OF From: Fire Prevention Bureau To: Planning Division Date 4 20 04 REZONING XX ANNEXATION XX REZONING# 04-08,00 OWNER Nooncaster Vinyarda ANNEXATON# 04-03,00 OWNER Nooncaster Virvarda LOCATION OF PROPERTY East of Crossover and north of Hearthstone NEAREST FIRE STATION AND LOCATION Station #4, 3385 No Plainview RESPONSE TIME FROM FIRE STATION # 4 TO LOCATION OF PROPERTY 6 MINUTES 3 SECONDS. TRAVEL MILES FROM FIRE STATION # 4 TO LOCATION OF PROPERTY 3 a 9 COMMENTS ON DEPT.' DREFI EPT. ACCESS/ROADWAYS EXISTING FIRE HYDRANTS? IF SO LOCATION in Stonewood S.D. WATER SUPPLY WITH HYDRANTS NEEDED2... Yea ADDITIONAL COMMENTS. MAIN OFFICE I IS SOUTH CHURCH ST. (501) 444-3448 / (501) 444-3449 FAX (501) 575-8272 SU ST N N.W MALL e5 57 271 FAX 501) 575-8 2 FAYETTENI LLE THE CITY OF FAYETTEVILLE. ARKANSAS April 19, 2004 Dawn Warrick Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Warrick, KECEIVED APR 2 0 ?gm pLANIdING DIV. This document is in response to the request for a determination of whether the proposed Annexation ANX 04-03.00 (Nooncaster, pp 61) and Rezoning RZN 04-08.00 (Nooncaster, pp 61) submitted by Raymond Smith, Attorney, on behalf of Nooncaster Vineyards, Inc.for property located east of Crossover Road and north of Hearthstone Drive (Stonewood S/D.) 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. POLICE DEPARTMENT 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. Sincerely, Lieutenant William Brown Fayetteville Police Department FAYETTEVILLE POLICE DEPARTMENT P.O. BOX 1988 FAYETTEVILLE, ARKANSAS 72702-1988 (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 JAIL 140-A WEST ROCK STREET 72701 PHONE: 501-587-3555 FAX: 501-587,3522 CURRENT OWNERSHIP INFORMATION AND ANY PROPOSED OR PENDING PROPERTY SALES Assessor's Parcel Number 001-15172-001, p/o SW'/. SE'/< & p/o SEY+ SW/4, S18, T16N, R30W 20.02 acres, more or less. There are no proposed or pending property sales for this property. REASON FOR REQUESTED ZONING CHANGE Parcel Number 001-15172-001 is currently zoned A-1 and will be annexed into the City of Fayetteville and zoned as R-A, It is proposed to re -zone the parcel to RSF4 for development into a single family residential subdivision. LAND DEVELOPMENT The development of this property is consistent with the land use of the residential areas surrounding the proposed development with slight increase in vehicle traffic. WATER/SEWER ACCESS 8" water line runs East along Greystone Drive to West line of the property where it is plugged. 8" water line runs North along Running Springs Drive to South line of the property where it is plugged. 8" sewer line runs North along Running Springs Road to a manhole on the South line of the property. DEGREE TO WHICH THE PROPOSED ZONING IS CONSISTENT WITH LAND USE PLANNING OBJECTIVES, PRINCIPLES AND LAND USE AND ZONING PLANS The proposed zoning is consistent with land use planning objectives, principles; and policies and with land use and zoning plans. WHETHER THE PROPOSED ZONING IS JUSTIFIED AND/OR NEEDED AT THE TIME THE REZONING IS PROPOSED The proposed rezoning is justified at this time in that it is in keeping with the policies and adopted plans of the City of Fayetteville. Zoning this property as RSF4 is consistent with surrounding subdivision. WHETHER THE PROPOSED ZONING WOULD CREATE OR APPRECIABLY INCREASE TRAFFIC DANGER AND CONGESTION The proposed zoning will not create or appreciably increase traffic danger and congestion. Extensions of Greystone Drive and Running Springs Drive into the subdivision would permit sub -division traffic access to Crossover Road (State Highway 265) a major arterial. Platted street to the East in Phase tI of Copper Creek II would permit subdivision access to George Anderson Road WHETHER THE PROPOSED ZONING WOULD ALTER THE POPULATION DENSITY AND THEREBY UNDESIRABLY INCREASE THE LOAD ON PUBLIC SERVICES INCLUDING SCHOOLS, WATER, AND SEWER FACILITIES This increase is not expected to undesirably increase the load on public services including schools, water and sewer facilities. Improvements planned to the Fayetteville overall wastewater treatment system and the coming on line of the new wastewater treatment facility on the western side of Fayetteville should adequately provide services to the sub- division. WOULD IT BE RAPRACTICAL TO USE THE LAND FOR ANY OF THE USES PERMITTED UNDER ITS EXISTING ZONING CLASSIFICATION This property is presently in the county but within the Fayetteville Growth Area It would be impractical to maintain the A-1 or R-A zoning since it would be inconsistent with the surrounding areas already zoned as residential subdivisions, I pop ice; dddd fA C;�rY tja'�ia A part. of the Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) and a part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) all in Section eighteen (18), Township Seventeen (17) North, Range Twenty-nine (29) west, being more particularly described as follows: beginning at the Southeast comer of said Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4), said, point being an existing nail in a fence comer post; thence N87°10'45"W along an existing fence 1320.09 feet to. a set iron on the east boundary line of Stonewood . Addition, an addition to the City of Fayetteville, Arkansas; thence N02031'40"E 644,76 feet to an existing iron at the Northeast comer of said addition; thence S87°31'29"E 9.46 feet to a set iron on the west line of said Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4); thence NO2°24'04'E 6.59 feet to an existing iron at the Northwest comer of the South Half (S1/2) of said Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4); thence N02024'04"E along the west line of said Southwest Quarter (SW1/4) of the Southeast..Quarter (SE1/4). 8.80 feet to a set iron in line with an existing fence; thence along said fence, the following bearings .and distances: S87009'31"E 354.14 feet to a set iron; S87°21'58"E 289.92 feet; S87°03'11"E 407.46 feet; S87013'24"E 259.66 feet to a set iron on the east line of said Southwest Quarter. (SW1/4) of the Southeast Quarter (SE1/4); thence 8020341211W 1:01 feet to an existing iron at the Northeast comer of the South.Half (S1/2) of said Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4); thence S02034'21"W 660,33 feet to the point of beginning, containing 20.01 acres, more or less, Washington County, Arkansas. EXHIBIT "Aa PROPERTY TO BE REZONED I °n$ i mom r 0 WWW ems$ m mzz J Qm V u J 0 Wm3 azru 30a< F F q'+ o y 'yd4 I o z ,a 3 bq $ _ r IYnI zpr �zNU N fill] 4 F F, M,12, bfa209 c •Ie] ilklof±Ul I a: ANX04-03.00 I NOON CASTE R One Mile View — 0.A I; I \\mI R-0_2 Ai 0^P -- NO , 34 ROl Gt A t� 2 IGt RA f F R J R-A RA RA RSFI Overview I t L - Z i—_�— •' L _ I t k s I -1 ~'— LJ L s r ASPPLEIi G —�—�� 1P IjATE j SUBJECT PROPERTY k o 3� tµ ULI Peon Legend Subject Property Boundary Master Street Plan ANX04-03.00 ���..i Planning Area �t„ Freevray/Expeseway �00000 '�Peindaal Medal Streets 00o_o_0 Overiay District Minp Metal Existing L _ 1 City Limits ♦` s �1e yer 4V Planneb =OUlside City seed MSteIc Ce0ectar 0 0.1 0.2 0.4 0.6 0. files r] I ANX04-03.00 Future Land Use NOONCASTER Ito ..... ... .Rrsr..r.r.mr mesideneal _ � 1 ....... .. . R 4( ...................................................................................... .................................... .......................................................................................... .................... ............................... ...........................................................:::::::::::.................................................... 1, .................................................................................... Overview ii::' : ......:'1f TI= . Legend Boundary Subject Property UE ANX04-03.00 " 0+� Planning Area Master Street Plan CO°°� o °Overlay District Freeway/Expressway Streets L °_I City Limits q � � `fin► Principal Arterial ' '\� Existing Outside City 4%I Minor Arterial -44� Planned - 40 % 0 Collector 00%. Historic Collector 0 175 350 700 1,050 1,400 Feet i...... ih......_.._._..:...... Planning Commission April26, 2004 ANX 04-03.00: Annexation (Nooneaster, pp 61) was submitted by Raymond Smith, Attorney, on behalf of Nooncaster Vineyards, Inc. for property located east of Crossover Road and north of Hearthstone Drive (Stonewood S/D.) The property is in the Planning Area and contains approximately 20.01 acres. The request is to annex the subject property into the City of Fayetteville. RZN 04-08.00: Rezoning (Nooncaster, pp 61) was submitted by Raymond Smith, Attorney, on behalf of Nooncaster Vineyards, Inc. for property located east of Crossover Road and north of Hearthstone Drive (Stonewood S/D.) The property is currently zoned R-A, Residential Agricultural, and contains approximately 20.01 acres. The request is to rezone the subject property to RSF-4, Residential Single-family, 4 units per acre. Ostner: The next item on our agenda is ANX 04-03.00 for Nooncaster. Can we have the staff report please? Pate: 1 am going to review items nine and ten simultaneously. They are both on the same property. The first item is for the Annexation of the subject property and the second is to rezone that potential annexation to RSF-4. Ostner: Jeremy, let me interrupt you. If someone can get our sixth Commissioner it would help. Thank you. Pate: This property is 20.01 acres of vacant property located in north Fayetteville. The property is surrounded on the west, south and east by platted subdivisions currently in various phases of development from fully built out to just beginning construction. To the west is the Stonewood Subdivision. To the south and east is Copper Creek Phases I and 11 respectively. Right of way and city services including water and sewer are stubbed out from each of these three developments for future access and street connections to the subject property. Single family residents are located north of the subject property also along Albright Road. Portions of that property are in the county and portions are in the City of Springdale. The applicant is requesting with the first request to be annexed into the city limits. When a property is annexed into the city limits it is automatically zoned R-A, Residential Agricultural. If this annexation is recommended for approval the applicant is requesting that the property be designated RSF-4, Residential Single -Family, four units per acre. The property that is subdivided in the planning area outside of the city limits does not allow for enforcement of many of the regulations required within the city. Thereby allowing for uniform and consistent standard of development. When property that is consistent with the General Plan 2020 and the city's guiding policy of annexation is incorporated into the city undeveloped it allows for many things that we do not actually see such as grading and drainage review, detention, tree preservation review, parks land, code enforcement. There is always confusion of protection for public safety with regard to police and fire and Planning Commission April26, 2004 who responds to that. The ability to require the same level of infrastructure improvements for new development as required within the city limits. That is important because in this specific property this area has been anticipated for future development as is on page 8.13 obvious with the stub outs of streets from the west, south and the east and the stub out of utilities to service this particular property. With regard to findings, obviously improvements will have to occur on this subject property to develop a single family subdivision. The timing of the requested annexation is sufficient. It is following essentially the development of the property surrounding it. It is under pressure to develop. Surrounding subdivisions did anticipate the development of this tract and subsequently have been required to provide access for public infrastructure should the property be annexed and developed. The Fire Department and Police Department say they do already adequately respond with the same level of service as in the city to these areas. There are issues with a lift station in this area which could potentially need to be upgraded with future development of the property. Those are things that I believe the applicant is aware of already and we have been in contact with the Engineering staff and the applicant on these issues with subsequent development proposals. Staff is recommending in favor of the annexation request based on those findings and also in favor of the rezoning request based on the findings found in item number nine of your staff report. I will leave that for any questions you may have. Ostner: Thank you. Is the applicant present? Smith: I'm Ray Smith representing Nooncaster Vineyards, Inc. and with me here this evening is John Nooncaster of Nooncaster Vineyards, Inc. I think Jeremy covered the main points there as far as both the annexation and the rezoning is concerned. This property is south of Albright Road and the property just to the north of this property is in the Springdale Planning area. This property is in the Fayetteville Planning area. The 20 acres will probably at this stage be developed somewhere between 40 and 50 lots all together. They will be single family dwellings compatible with the housing that is located both to the west and to the south of this. If there are any other questions I can answer on their behalf or if Mr. Nooncaster can answer we would be glad to answer them. Ostner: Thank you Mr. Smith. Is there anyone from the public who would like to comment on this topic, the annexation and rezoning. We are discussing two at the same time for Nooncaster. I'm going to close it to the public and bring it back to the Commission. A question for staff. Is this property kitty corner to another property that we saw two weeks ago? Pate: Yes it is. If you remember the Harper/Brandon annexation rezoning request that was at the last Planning Commission meeting. That was Planning Commission April26, 2004 northeast of the subject property. If you go to the east that is a part of Copper Creek Phase II and directly north of that property the Planning Commission did recommend approval of that and I believe it is at the Council level at this time. Ostner: Thank you. MOTION: Trumbo: I would like to make a motion to approve ANX 04-03.00. Vaught: 1 will second. Ostner: In the discussion of this I see this as a little bit different from the last issue we just saw. This is practically an infill annexation. On three sides it is developed and on the west side it is platted and streets are being cut. This seems like a good density fit for the neighborhood and I am going to support the annexation and the rezoning. Do we have any other discussion? Allen: I would agree with the chair that those are the reasons that this is significantly different than the last rezoning. Anthes: I would say that it is different than what we are going to hear later this evening for several reasons. One is that it is surrounded on three sides. There are stub outs for utilities and streets to this property from three different directions. Approving this annexation would be consistent with our recommendations from the property nearby and would be consistent with the development pattern that surrounds the property on three sides. Thank you. Ostner: We have a motion on the annexation and a second. Is there further discussion? Renee? Roll Call: Upon the completion of roll call the motion to recommend approval of ANX 04-03.00 by the City Council was approved by a vote of 6-0-0. Thomas: The motion carries six to zero. Ostner: Do we have a motion for the accompanying item, RZN 04-08.00? MOTION: Anthes: I will move to forward RZN 04-08.00 with a recommendation for approval to City Council. Planning Commission April26, 2004 Trumbo: Second. Ostner: Is there any further discussion? Renee? Roll Call: Upon the completion of roll call the motion to recommend approval of RZN 04-08.00 by the City Council was approved by a vote of 6-0-0. Thomas: The motion carries six to zero. STAFF REVIEW FORM - NON -FINANCIAL 09IGATION x AGENDA REQUEST For the Fayetteville City Council Meeting of: FROM: Dawn Warrick Name May 18, 2004 Planning CP&E Division Department ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: ANX 04-03.00: Annexation (Nooncaster, pp 61) was submitted by Raymond Smith, Attorney, on behalf of Nooncaster Vineyards, Inc. for property located east of Crossover Road and north of Hearthstone Drive (Stonewood Subdivision.) The property is in the Planning Area and contains approximately 20.01 acres. The request is to annex the subject property into the City of Fayetteville. STAFF RECOMMENDATION Department Director Finance & Inte nal Services Dir. Approval. Received in Mayor's Office �i 3G-Gy D to Date `//3J)/o K Date Cross Reference: Date Previous Ord/Res#: Date Orig. Contract Date: Date S/ 5/Y M Orig. Contract Number: New Item: Yes No FAYETTEVILLE • THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman City Clerk Division Date: May 24, 2004 Re: Ordinance No. 4576 Attached is a copy of the above ordinance passed by the City Council, May 18, 2004, confirming the annexation of ANX04-03.00, for property owned by Nooncaster Vineyards, Inc. This ordinance will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. Attachment(s) cc: John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering la A*.awas Demomt„r 05azefte AFFIDAVIT 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: $ &i `// Subscribed and sworn to before me this day of A[QV , 2004. Notary Public My Commission Expires: 071g-,5 .9L? `* Please do not pay from Affidavit. An invoice will be sent. Official Seal SEAN-MICHAEL ARGO Notary Public -Arkansas WASHINGTON COUNTY My Commission Expires 07-25-2013 RECEIVED MAY 2 7 2W CITY OF FAYETTEVILLE CITY CLERK'S OFFICE 212 NORTH EAST AVENUE 9 P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 0 (501) 442-1700 ORDINANCE NO. 4376 AN ORDINANCE CONFIRMING: THE ANNEXATION TO,. THE � CITY OF.FAYETTEVILLE, ARKANSAS,. OF CERTAIN PROPERTY OWNEb SYNOO'NCASTERVINEYARDS. INC LOCATEDFAST - - OF CROSSOVER AND NORTH OF HEARTHSTONE DRIVE/6 CONTAINING -APPROXIMATELY 2001 ACRES BE R RG ORDAINED BY THE qTY COUP OF THE CY bf OF FAVETTEVILLE, ARKANI Section 1: That the GAY CamGl hereby confirms the annexation to the Gty of FayettaAe, Arkansas, of that P'operty described In E#libn "A' attached hereto and made a Part hereof Section 2:-The olfcal map Of the Ciy Of Fayettevitle, Arkansas, is hereby amended to reflect the change provided in Section 1 above. Section 3: That the ofAoisi zOitlrg map of the City of FayeaWI1e, Arkansas is hereby amended to ass%in Me zoning desigratbn of R-A, Residential Agncoltural to the subject pmpeity. Section 4: That the above timmloed PmPartY is hereby assi9red to Ward No. Three. PASSED AND APPROVED the 18th day of May, 2004. APPROVED: or Darn CooEP, mH ATTEST: BY: Saner Smith, CRY CII EXHIBIT "A" ANV 04-03.00 A PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) AND A PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) ALL IN SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY-NINE (29) WEST BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARER (SE 1/4). SAID POINT BEING AN EXISTING NAIL IN A FENCE CORNER POST; THNCE 1487-10'451d ALONG AN EXISTING FENCE 1320.09 FEET TO A SET IRON ON THE EAST BOUNDARY UNE OF STONEWOOD ADDITION, AN ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS; THENCE NOY31'40"E 644.76 FEET TO AN EMSTING IRON AT THE NORTHEAST CORNER OF SAID ADDITION; THENCE S87031'29"E 9.46 FEET TO A SET IRON ON THE WEST UNE OF SAID SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4); THENCE N02924'04"E 6.59 FEET TO AN EXISTING IRON AT THE NORTHWEST CORNER OF THE SOUTH HALF IS 112) OF SAID SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4); THENCE NO2°24'040E ALONG THE WEST UNE OF SAID SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) 8.80 FEET TO A SET IRON IN UNEWITHAN EXISTING FENCE; THENCE ALONG SAID FENCE, 'HE FOLLOWING BEARINGS AND DISTANCES: S87"t31'E 354.14 FEET TO A SET IRON; Se7°21'S8"E 289.92 FEET, S870LCH'11'E 407.46 FEET; S87*13*24"E 259.66 FEET TO A SET IRON UNE OF SAID SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER BEO1h/4TMTHEN E S02034'2111 1.01 FEET TO AN EXISTING IRON AT THE NORTHEAST CORNER OF THE SOUTH HALF (Si/2) OF SAID SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4); THENCE S02°342' "W 660.33 FEET TO THE POINT OF BEGINNING, CONTAINING 20.01 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. `s-77 0 IN THE COUNTY COURT OF WASHINGTON COUNTY., ARKANSAS FILED 4 IN THE MATTER OF , ANNEXATION OF CERTAIN LANDS > S PM 3 y 2 CITY OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2004 j KUEN COMBS P.RITCHARD ORDERSE1$b0GU i11ERK y1� ASItil 00. ARK. On this Djay of January, 2004, is presented to this Court a Petition for Annexation filed in the County Court of Washington County, Arkansas on January Z, 2004, by the Petitioner, Nooncaster Vineyards, Inc. doing business as The NVI Group, Inc. IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that pursuant to Arkansas Code Annotated § 14-40-602, a hearing on said Petition for Annexation shall be held in the County Court of Washington County, Arkansas, on thediz f . , 20041 at • ,� o'clock am.*-aw,, and the Clerk of this Court is hereby directed to issue a notice of said hearing as set forth herein which shall be published in the manner and for the full length of time as required by law. C VTY JUDGE p RECEIVED V, . (� �, 0 JUN 2 9 2W CITY CLERK'S OFFICE FROM WACO CLERK (FRI)JUL 2 2004 11:00/ST.11:00/NO.6314274145 P 1 • • WASEgNGTON COUNTY STATE OF ARKANSAS WASH]NGTON COUNTY COURTHOUSE 280 N. COLLEGE AVENUE, SUrIE 300 FAYETTEVUIX, AR 72701 TELEPHONE: (479) 444-1711 FAX: (479) 444-1894 DATE: To: FAX#: FROM: FAX#: 479-444-1894 Number of pages (including cover page): COMMENTS: q. (�"-rj C� (70ef- -1- - )9tiNck , D FA Charlie Daniels Secretary of State July 6, 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 Stale 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: 07/3/2004 Annexation: Incorporation: Census Information 1 st 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 4576 CC 2004-1 X I have forwarded this information to the Arkansas Municipal League. If you have any further questions please do not hesitate to contact me al 1-800-482-1127 or 682-3451. Sincerely, 9 Leanna Godley Election Services Representative RECEIVED JUL 0 9 2004 CTY OF FAYETTEVILLE ITY CLERKS OFFICE Room 256 State Capitol • Little Rock, Arkansas 72201-1094 501.682-1010 • Fax 501.682.3510 e-mail: sos@aristotle.net • www.sos.arkansas.gov N y570 Barristers Place, Suite 11 70 North College Avenue Fayetteville, Arkansas 72701-6101 AYMOND C. SMITH, A. ATTORNEY AT LAW July 7, 2004 Sondra E. Smith, City Clerk City of Fayetteville 113 W. Mountain Street Fayetteville, Arkansas 72701 Re: In The Matter of Annexation of Certain Lands To The City of Fayetteville, Arkansas Washington County Court Case No. CC 2004-1 Dear Clerk: Telephone (479) 521-7011 FAX (479) 443-4333 Toll Free 1-800-282-0168 Email rsmitb70ll@sbcglobal.net Enclosed is a file mark copy of the Order Confirming Annexation entered on July 2, 2004, in regard to lands owned by Nooncaster Vineyards, Inc. Sincerely, &ondS ' h Encl. RECEIVED JUL 0 9 2W CITY OF FAYETTEVILLE CITY CLERK'S OFFICE IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF ANNEXATION OF CERTAIN LANDS TO THE -Ic .C� �> s CITY OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2bD�-I , :z r ORDER CONFIRMING ANNEXATION 71� �ncn m NOW on thisg_day of 2004, comes on for hearing and consigriVoathe3 c) o C P. Petition for Confirmation of Annexation filed by the Petitioner, Noonca� �Vileya�s, Inc., by its attorney, Raymond C. Smith, and there being no objections or proMts filed herein, and from the oral and documentary evidence adduced, the Court , being well and sufficiently advised finds: 1. That an Order of Annexation was filed February 27, 2004, in the above styled and numbered case by which certain real estate owned by the Petitioners and situated in Washington County, Arkansas, was annexed to and made a part of Fayetteville, Washington County, Arkansas. Said real estate is further described at Exhibit "A" attached hereto. 2. No objections have been filed by any interested person with the authorities of the City of Fayetteville, or to the Petitioner, and no exceptions to the Order of Annexation been filed with the County Clerk of Washington County, Arkansas. 3. The City of Fayetteville, Arkansas has by ordinance confirmed the annexation of the real property described at Exhibit "A" to the City of Fayetteville pursuant to Ordinance No.4576, "An Ordinance Confirming the Annexation to the City of Fayetteville, Arkansas, of Certain Property Owned by Nooncaster Vineyards, Inc. Located East of Crossover and North of Hearthstone Drive Containing Approximately 20.01 Acres", approved and passed by the City Council on the 18`h day of May, 2004, and NOONCASTER VINEYARDS, INC. PETITION FOR CONFIRMATION OF ANNEXATION P.1 recorded on June 25, 2004, at 2004-00025133 in the real estate records of the Circuit Clerk of Washington County, Arkansas, and filed for record on June 25, 2004, at 11:36 a.m., in the records of the County Clerk for Washington County, Arkansas, a copy of said file for record ordinance attached hereto as Exhibit `B." IT IS THEREFORE, THE JUDGMENT AND ORDER OF THIS COURT that the Order of Annexation entered on the 27'" day of February, 2004, that annexed the herein described territory to the City of Fayetteville, Arkansas, is hereby approved and confirmed in all aspects. (LR Y HUN ON, County Judge NOONCASTER VINEYARDS, INC. PETITION FOR CONFIRMATION OF ANNEXATION P.2 EXHIBIT "A" LEGAL DESCRIPTION A part of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) and a part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW 1/4) all in Section Eighteen (18), Township Seventeen (17) North, Range Twenty -Nine (29) West, more particularly described as follows: Beginning at the Southeast corner of said Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4), said point being an existing nail in a fence comer post; thence N 87degrees 10minutes 45seconds West along an existing fence 1320.09 feet to a set iron on the East boundary line of Stonewood Addition, an Addition to the City of Fayetteville, Arkansas; thence N 02degrees 3lminutes 40seconds E 644.76 feet to an existing iron at the Northeast comer of said addition; thence S 87degrees 31 minutes 29seconds E 9.46 feet to a set iron on the West line of said Southwest Quarter (SW 1/4) of the Southeast Quarter (SEl/4); thence N 02degrees 24minutes 04seconds E 6.59 feet to an existing iron at the Northwest comer of the South Half (S 1/2) of said Southwest Quarter (SW 1/4) of the Southeast Quarter (SEI/4); thence N 02degrees 24minutes 04seconds E along the West line of said Southwest Quarter (SW 1/4) of the Southeast Quarter (SEI/4) 8.80 feet to a set iron in line with an existing fence; thence along said fence, the following bearings and distances: S 87degrees 09minutes 31 seconds E 354.14 feet to a set iron; S 87degrees 21 minutes 58seconds E 289.92 feet; S 87degrees 03minutes 1 Iseconds E 407.46 feet; S 87degrees 13minutes 24seconds E 259.66 feet to a set iron on the East line of said Southwest Quarter(SW 1/4) of the Southeast Quarter (SE 1/4); thence S 02degrees 34 minutes 21seconds W 1.01 feet to an existing iron at the Northeast comer of the South Half (S1/2) of said Southwest Quarter (SW 1/4) of the Southeast Quarter(SEI/4); thence S 02degrees 34minutes 21seconds W 660.33 feet to the point of beginuing, containing 20.01 acres, more or less, Washington County, Arkansas. NOONCASTER VINEYARDS, INC. PETITION FOR CONFIRMATION OF ANNEXATION P.3 JUN-28-2004 15:2y • • H.b1 t ORDINANCE NO. 4576 AN ORDINANCE CONF]RMLNG THE ANNEXATION Kb n 4 z THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERT.FTF' ni PROPERTY OWNED BY NOONCASTER VINEYARDS, Tk& c LOCATED�)SAST OF CROSSOVER AND z HEARTHSTONE DRIVE CONTAINING APPR NOIMATFd�' ry cn 20.01 ACRES. n �„ s m v a C nr� F BE IT ORDAINED SY THE CITY COUNCIL OF rn DIw OF ' FAYET'TEVILLE� ARKANSAS; a 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 I above. Section 3: , That the official zoning map of the City of Fayetteville, Arkansas is property. hereby amended to assign the zoning designation of R-A, Residential Agricultural to the subject Section : That the above -described property is hereby assigned to Ward No. Three, PASSED AND APPROVED this l go' day of May, 2004, APPROVED: ;FAYETTEVILLE, By: `.�_ ATTEST: "%j.; 4T0TA w N• By: .�i� Sondra Smith, City Clerk Coody, Mayor ad: fmG/0; 0Q! T1Yet9 E Am iton�¢OugtP' o1 2,; itamtla Cirdult Clork 004-00025133 EXHIBIT "A" ANX 04-03.00 A PART OF THE SOUTHWEST QUARTER (SW ''/4) OF THE SOUTHEAST QUARTER (SE '/a) AND A PART OF THE SOUTHEAST QUARTER (SE V4) OF THE SOUTHWEST QUARTER (SW V4) ALL IN SECTION EIGHTEEN (18)5 TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY-NINE (29) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING. AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARER (SE y4)3 SAID POINT BEING AN EXISTING NAIL IN A FENCE CORNER POST; THNCE N87010'45"W ALONG AN EXISTING FENCE 1320.09 FEET TO A SET IRON ON THE EAST BOUNDARY LINE OF STONEWOOD ADDITION, AN ADDITION TO THE CITY OF FAYETTEVILLE, ARICANSAS; THENCE N02031140"E 644.76 FEET TO AN EXISTING IRON AT THE NORTHEAST CORNER OF SAID ADDITION; THENCE S87031'29"E 9.46 FEET TO A SET IRON ON THE WEST LINE OF SAID SOUTHWEST QUARTER (SW y4) OF THE SOUTHEAST QUARTER (SE '/4); THENCE NO2°24'04"E 6.59 FEET TO AN EXISTING IRON AT THE NORTHWEST CORNER OF THE SOUTH HALF (S Vz) OF SAID SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARTER (SE '/4); THENCE N02024'04"E ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARTER (SE 1/4 ) 8.80 FEET TO A SET IRON IN LINE WITH AN EXISTING FENCE; THENCE ALONG SAID FENCE, THE FOLLOWING BEARINGS AND DISTANCES; S87°09'31".E 354.14 FEET TO A SET IRON; 887021'58"JE 289.92 FEET; S87003'1I"E 407.46FEET; S87013'24"E 259.66 FEET TO A SET IRON ON THE EAST LINE OF SAID SOUTHWEST QUARTER (SW V4) OF THE SOUTHEAST QUARTER (SE V4); THENCE S02034'21"W 1.01 FEET TO AN EXISTING IRON AT THE NORTHEAST CORNER OF THE SOUTH HALF (S1/2) OF SAID SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARTER (SE V4); THENCE S0203412FV 660.33 FEET TO THE POINT OF BEGINNING, CONTAINING 20.01 ACRES, ARKANSAS. MORE OR LESS, WASHINGTON COUNTY, W1,410 ingto�,Goupfy, AR, 1!Gtv Ihst on wA1 filed on d6 11:18;48 AM ' and recorded In Real Estate Flle Number 2004-00025133 Bette Stamm- ilL�r uk Cietk by FROM WACO CLERK, wuea toMas euUCMRDt .......... OM"" AM no" Wnc (MON)JUL 12 2004 9:44/ST. 9:44/N0.6314274196 P i WASHINGTON COUNW STATE OF ARKANSAS WASMMGTON COUNI7' couRTHOusF 280 N. COLLEGE AVENUE, SUTPE 300 FAY TrEVU.J.A AR 72701 TELEPHONE: (479) 444-171 l FAX: (479) 4441894 DATE: I - TO: C OJV FAX#: '�118 7 6R s ..i•.,- J FAX#: 479-444=1894 Number of pages (including cover page): COMMENTS: q,, C C oZ 0ov- 1 D(Y1 C Charlie Daniels Secretary of State July 6, 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: 07/3/2004 Annexation: Incorporation: Census Information I st 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 4576 CC 2004-1 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, 9.0j� Leanna Godley Election Services Representative RECEIVED JUL 0 9 2004 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Room 256 State Capitol • Little Rock, Arkansas 72201.1094 501-682.1010 • Fax 501.682-3510 e-mail: sos@aristotle.net 9 www.sos.arkansas.gov