HomeMy WebLinkAboutOrdinance 4576i
ORDINANCE NO. 4 5 7 6
AN ORDINANCE CONFIRMING THE ANNEXATION
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THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERTW
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PROPERTY OWNED BY NOONCASTER VINEYARDS,
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LOCATED EAST OF CROSSOVER AND NORTH
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HEARTHSTONE DRIVE CONTAINING APPROXIMATE�I',g
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20.01 ACRES.
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BE IT ORDAINED BY THE CITY COUNCIL OF
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FAYETTEVILLE, ARKANSAS:
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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.
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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
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PETITION FOR ANNEXATION 1 co m
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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
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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.
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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
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Ms. Shirley Brown
Washington County Deputy Clerk
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280 North College Avenue, Suite 300
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Fayetteville, AR 72701
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Re: Annexations
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Dear Ms. Brown,
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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
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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
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Incorporation:
Ordinance No.
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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
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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
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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
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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
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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
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ANX04-03.00 I NOON CASTE R
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Subject Property Boundary Master Street Plan
ANX04-03.00 ���..i Planning Area �t„ Freevray/Expeseway
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Streets 00o_o_0 Overiay District
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ANX04-03.00
Future Land Use
NOONCASTER
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UE ANX04-03.00
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Master Street Plan
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40 % 0 Collector
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0 175 350
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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