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HomeMy WebLinkAboutOrdinance 4617ORDINANCE NO.4 61 7 AN ORDINANCE AMENDING ORDINANCE NUMBER 4482, ANNEXING INTO THE CITY OF FAYETTEVILLE, ARKANSAS, AN ISLAND LOCATED AT THE NORTHEAST CORNER OF MT. COMFORT ROAD AND SHILOH DRIVE, REPLACING THE EXHIBIT "A" TO REFLECT THE EXHIBIT USED IN THE ORDER OF ANNEXATION SIGNED BY JUDGE BUNTON, STATING THAT THE SUBJECT PROPERTY CONSISTS OF .61 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 RA, Residential Agricultural to the subject property. Section 4: That the above -described property is hereby assigned to Wo No..1. 0 g � � s a m o Cn PASSED and APPROVED this 21" day of September, 2004. _ p- co M IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII APPRO D: D+ � 3 Doc ID: 007796060002 Tvoe. REL C� m 70 Recorded: 10/22/2004 at 09:03:20 AM Fee Amt: sii.00 Paoe 1 of 2 GD Mashlnaton county. AR / m = C� Bette stamos Circuit Clerk File2004-00043693 By. D N COODY, Mayor o ATTEST: By: SOND-SMITH, City Clerk �FAYETTEVILLE� 0 REVISED EXHIBIT "A" ANX 03-02,00 PART OF THE NORTHWEST QUARTER (NW'/4) OF THE SOUTHWEST QUARTER (SW '/4) OF SECTION FIVE (5), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, THENCE NORTH 89 DEGREES 2Y EAST ALONG THE NORTH LINE THEREOF A DISTANCE OF 297.2 FEET TO A POINT ON THE WESTERLY PROPOSED RIGHT OF WAY LINE OF U.S. HIGHWAY 71; THENCE SOUTH 50 DEGREES 54' WEST ALONG SAID PROPOSED RIGHT OF WAY LINE A DISTANCE OF 161.2 FEET TO A POINT; THENCE SOUTH 78 DEGREES 38'WEST ALONG SAID PROPOSED RIGHT OF WAY LINE A DISTANCE OF 173.8 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER (NW '/4) OF THE SOUTHWEST QUARTER (SW '/4) OF SECTION FIVE (5) THENCE NORTH 00 DEGREES 43' WEST ALONG SAID WEST LINE A DISTANCE OF 132.7 FEET TO THE POINT OF BEGINNING AND CONTAINING .61 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 10/22/2004 09:03:20 AM and recorded in Real Estatq File Number 2004-000 Bette Stamps - Circuit by U NAME OF FILE: Ordinance No. 4617 w/ Ex. A CROSS REFERENCE: Item # Date Document 1 12/30/04 memo to mayor & City Council 2 draft ordinance g copy of Order of Annexation 4 memo to Dawn Warrick 5 copy of Ord. 4482 6 Staff Review 7 copy of city file for 1533 S. Duncan 8 copy of Ord. 3948 g memo to Dawn Warrick 10 Affidavit of Publication 11 letter from Sec. of State office 12 faxed copy of letter from Sec. of State office 13 copy of Petition for Annexation, CC2002-20 w/exhibits 14 copy of Order for Hearing 15 copy of Order of Annexation 16 copy of Ord. 4482 17 copy of letter to Kit Williams from Geo. Butler 18 copy of letter to Geo. Butler from Richard Osborne t9 copy of Ord. 4617 20 21 22 23 24 25 NOTES: 1 10/22/041 Ifiled at Wash. Co. Circuit Clerk office I I • City Council MeetingloSeptember 21, 2004 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator* Date: September 03, 2004 Subject: Approve and ordinance to replace `Exhibit A' previously filed with Ordinance #4482 with legal description which matched order of annexation from Washington County RECOMMENDATION Planning Staff recommends approval of an ordinance replacing Exhibit `A' of ordinance #4482. The original description did not match the legal that was approved and referenced in the Order of Annexation approved by the Washington County judge. BACKGROUND Ordinance #4482 was approved by the City Council May 6, 2003. The action annexed property which was previously owned by Rex and Jim Bob Williams at the intersection of Shiloh Drive and Mt. Comfort/Porter Rd. This property has since been purchased by the City of Fayetteville. When the annexation was processed, two legal descriptions were provided by the applicant's engineer. One description included the entire site including right-of-way. One description removed approximately 0.04 acres of public right-of-way from the original description. When the ordinance was developed for approval by the City Council, the second legal description (0.57 acres) was used as the Exhibit `A'. While the descriptions are both accurate, it is necessary to replace the original exhibit with a new description which matches the approved Order of Annexation — the description containing 0.61 acres. This request is to use a more inclusive legal description for Ordinance 44482 because this legal must match the Order of Annexation releasing the property from the jurisdiction of Washington County. BUDGET IMPACT None. W 7 4jyl(10 N. /Y,/ *M32) 0 :d t 0 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NUMBER 4482, ANNEXING INTO THE CITY OF FAYETTEVILLE, ARKANSAS, AN ISLAND LOCATED AT THE NORTHEAST CORNER OF MT. COMFORT ROAD AND SHILOH DRIVE, REPLACING THE EXHIBIT "A" TO REFLECT THE EXHIBIT USED IN THE ORDER OF ANNEXATION SIGNED BY JUDGE HUNTON, STATING THAT THE SUBJECT PROPERTY CONSISTS OF .61 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 I above. Section 3. That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to assign the zoning designation of A-1, Agricultural to the subject property. Section 4. That the above -described property is hereby assigned to Ward No. 4. PASSED AND APPROVED this day of , 2004. ATTEST: By: Sondra Smith, City Clerk APPROVED: By: Dan Coody, Mayor REVISED EXHIBIT "A" ANX 03-02,00 PART OF THE NORTHWEST QUARTER (NW '/4) OF THE SOUTHWEST QUARTER (SW '/4) OF SECTION FIVE (5), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, THENCE NORTH 89 DEGREES 23' EAST ALONG THE NORTH LINE THEREOF A DISTANCE OF 297.2 FEET TO A POINT ON THE WESTERLY PROPOSED RIGHT OF WAY LINE OF U.S. HIGHWAY 71; THENCE SOUTH 50 DEGREES 54' WEST ALONG SAID PROPOSED RIGHT OF WAY LINE A DISTANCE OF 161.2 FEET TO A POINT; THENCE SOUTH 78 DEGREES 38' WEST ALONG SAID PROPOSED RIGHT OF WAY LINE A DISTANCE OF 173.8 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER (NW %<) OF THE SOUTHWEST QUARTER (SW ''/4) OF SECTION FIVE (5) THENCE NORTH 00 DEGREES 43' WEST ALONG SAID WEST LINE A DISTANCE OF 132.7 FEET TO THE POINT OF BEGINNING AND CONTAINING .61 ACRES, MORE OR LESS. ft IN THE COUNTY COURT OF WASHINGTON COUNTY, ARIISAS oN M �� T> O CASE NO. CC— = s" IN RE: ANNEXATION OF PROPERTY CONTIGUOUS TO TH�f&YzOFo r FAYETTEVILLE, WASNGTON COUNTY, ARKANSAS'-I o � m HIp. m g o r- a F, ORDER OF ANNEXATION y M o 0 :;a ;;a cn o NOW ON THIS lig day of 2002, the Petition —tor Annexation of Property Contiguous to the City of Fayetteville, of Mitchell Oil Company, comes on for hearing, and the same is submitted to the Court upon said Petition, proof of publication of notice, the testimony before the Court, and other evidence presented, from all of which the Court finds: I. That the Petition for Annexation of Property Contiguous to the City of Fayetteville was duly filed in the Office of the County Clerk of Washington County, Arkansas, and that an Order was made fixing the time and place for a hearing on said Petition at this date and time in the County Court of Washington County, Arkansas. 2. That legal notice of the hearing was given as required by law, and such notice of the hearing was published once a week for three consecutive weeks in the &K. TINES a newspaper published in Washington County, Arkansas. Proof of publication has been made and filed with the Clerk of this Court. 3. That the Petitioner is the sole owner of the property to be annexed. 4. That the owner of the proposed annexed area shall derive substantial benefit from the annexation. fI(r YM. 5. That. the area to be annexed is part of the growth area of the City of Fayetteville, Arkansas, and the extension of the corporate boundaries is a realization of the natural growth of the City of Fayetteville. 6. That the lands to be annexed are contiguous to and adjoin the City of Fayetteville, Arkansas. 7. That the City Council of the City of Fayetteville, Arkansas, shall, according to the Ark. Code Ann. §14-40-605, accept the annexation by ordinance. 8. That the legal description of the lands to be annexed is that property situate in Washington County, Arkansas, to -wit: Part of the Northeast Quarter (NE '/4) of the Southeast Quarter (SE '/4) of Section Six (6), Township Sixteen (16) North, Range Thirty (30) West, and being more particularly described as follows, to -wit: Beginning at the Northeast comer of said 40 acre tract, and running thence South 00 degrees 12'44" East, 130.64 feet; thence South 79 degrees 04' West 7.77 feet. to a point on the East right-of-way line of Mt. Comfort Road; thence along said road right of way line for 201.64 feet along a curve to the left having a radius of 314.5 feet, a delta angle of 36 degrees 48'47" and a leading tangent bearing of North 29 degrees 50'26" West; thence East 155.15 feet to the point. of beginning, and containing 0.20 acres, more or less, subject to _rights of way and easements, if any. AND: Part of the Northwest Quarter (NW '/4) of the Southwest Quarter (SW %4) of Section Five (5), Township Sixteen (16) North, Range Thirty (30) West, more particularly described as follows: Beginning at the Northwest comer of said 40 acre tract, thence North 89 degrees 23' East along the North line thereof a distance of 297.2 feet to a point on the Westerly proposed right-of-way line of U.S. Highway 71; thence South 50 degrees 54' West along said proposed right-of-way line a distance of 161.2 feet to a point; thence South 78 degrees 38' West along said proposed right-of-way line a distance of 173.8 feet to a point on the West line of the Northwest Quarter (NW ''/4) of the Southwest Quarter (SW '/4) of Section Five (5); thence North 00 degrees 43' West along said West line a distance of 132.7 feet to the point of beginning and containing 0.61 acres, more or less. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the above descnbed lands be, and hereby are, annexed to and hereby made a part of the City of Fayetteville, Washington County, Arkansas. FAYIETTEVI ilE ' • THE CITY Of FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman City Clerk's Division Date: May 12, 2003 Re: Ordinance 4482 Attached hereto is a copy of the above ordinance passed by the City Council, May 6, 2003, confirming annexation of 0.57 acres located at the northeast comer of Mt. Comfort Road and Shiloh Drive. The original ordinance will be microfilmed and filed in the city clerk's office. This ordinance will also be filed at the circuit clerk's office at the Washington County Courthouse. If anything else is needed please let the city clerk's office know. /cbp Attachment(s) cc: Nancy Smith, Internal Auditor John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering ORDINANCE NO, 4482 AN ORDINANCE ANNEXING INTO THE CITY OF FAYETTEVILLE, ARKANSAS, AN ISLAND CONTAINING APPROXIMATELY 0.57 ACRES LOCATED AT .THE NORTHEAST CORNER OF MT. COMFORT ROAD AND SHILOH DRIVE. 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 ofA-1, Agricultural to the subject property. Section 4. That the above -described property is hereby assigned to Ward No. 4. PASSED and APPROVED this the 6s' day of May, 2003. FF,�rj4t /► •°� •�, w By: s v�.' o 1 ATTEST: By: MV Sondra Smith, City Clerk APPROVED: • EXHIBIT. "A" ANX 03-2.00 A PART OF THE NORTHWEST QUARTER (NWI/4) OF THE SOUTHWEST QUARTER (SWI/4) OF SECTION FIVE (5), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE' NORTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING AN EXISTING ARKANSAS STATE SURVEY MONUMENT; THENCE N89°28'2759E ALONG THE NORTH LINE OF SAID 40 ACRE TRACT 287.81 FEET TO A SET IRON ON THE NORTHWESTERLY RIGHT-OF-WAY OF INTERSTATE 540; THENCE LEAVING THE NORTH LINE OF SAID 40 ACRE TRACT ALONG SAID NORTHWESTERLY RIGHT-OF- WAY S5005450019W 159.33 FEET TO AN EXISTING ALUMINUM RIGHT-OF-WAY MONUMENT; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S78'38'00'W 165.96 FEET TO A SET IRON ON THE WEST LINE OF SAID 40 ACRE TRACT; THENCE N00038' 17"W 130.56 FEET TO THE POINT OF BEGINNING, CONTAINING 0.57 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. STAFF REAk FORM - NON -FINANCIAL OBATION x AGENDA REQUEST For the Fayetteville City Council Meeting of: September 21, 2004 FROM: Dawn T. Warrick ME Planning CP&E Division Department ACTION REQUIRED: Ordinance Approval. SUMMARY EXPLANATION: An ordinance amending ordinance # 4482, replacing Exhibit "A" to match the Order of Annexation signed by Judge Jerry Hunton reflecting a total acreage including right of way of .61 acres, more or less. STAFF RECOMMENDATION: Approval Received in Mayor's Office %/ a Division Head --� Date CityiAtter y Date Cross Reference: Department Director Date Previous Ord/Res#: Finance & Internal Services Dir. Date Orig. Contract Date: Orig. Contract Number: Chief, ministrative Offic r Dat New Item: Yes No Mayor llate ENTERED L. cy r 4 # _ CACf%oLaUAL 1 = S Clunc iti -03 Rhi i `_39-4ca r 1533 Dun <-3-�2 rPH e �:. -.. f: r r y: 11 ' r 1 3 S. DLII-Can -3-03 PH @ys*ansawPH . � m I ��: : � �y �r i �., 4' I t f i ! �t! A 1 i 0 \ � ��------- \ --- --- --- - - - [ \\co %{ . (k§§(i /53a . ar < !°\t}Et\ k # Ox io ( < © ;E®E; & I 300rw E � § « & | C3 \ ( k� \ o -| PO x / Wk(k(\ |{ / } Lq ^ Er e00 k {| �f §� 0E! \ �o }❑\'�/, !# \ £ i |- ' \ f-- �- - -- -- -- - -- :-- , 1QI-03 # l6c 7001 t HELPING 70 BUILD,{ B (7 r(t COMMUM74Y VIOLATION NOTICL January 21, 2003 CASE NO. 01045 Owner: Tracy L. Terhune 1533 S. Duncan Fayetteville, AR 72701 RE: Property @ 1533 S. Duncan, Fayetteville, AR WC Parcel# 765-09617-000 Dear Ms. Terhune: 0 0001 4913 5561 m � lla a a to » 0 s i MN This letter is to inform you that the following violations exist at the above referenced address and are in need of correction per city codes and ordinances: Ordinance 3948 Building that is Dilapidated, Unsafe, Unsanitary and Detrimental to the Public Welfare. Please obtain a building permit and make repairs or demolish the building and remove all debris from the lot. At this time you have thirty [30] days to correct the violations. Please give this matter your highest attention so that further legal action will not be necessary. Please contact Community Code Enforcement so we can discuss the problems and assist with advice for'correction. If you have any comments or.questions, please call (479)-575-8237. Sincerely, Preston Hammons Property Inspector 1i 1-21-03 V R.doc H&PING Y'O BUILD A sei7'ER com, wNPPY \ iol.:\ I fO:� \t) 1 ICE February 27, 2003 CASE NO, 01045 Owner: Tracy L. Terhune 1533 S. Duncan Fayetteville, AR 72701 RE: Property @ 1533 S. Duncan, Fayetteville, AR WC Parcel# 765-09617-000 Dear Property Owner: • City of Fayetteville, Arkansas Community Code Enforcement I B West Mountain Street Fayetteville, Arkansas 72701 Fax 479- 444-3445 It appears that your property contains a violation of the Fayetteville Unified Development Ordinance. It is our goal to notify and assist property owners to correct violations of city ordinances before taking actual enforcement actions. Please feel free to call our office at (479) 575-8237 for clarification of this notice or advice on how to correct the problem. Suspected Violation That Needs Correction: § 173.08 Unsafe Buildings. No persons, partnership, corporation or association, hereinafter referred to as "owner", shall keep or maintain any house or building within the corporate limits of the City which has become dilapidated, unsafe, unsanitary, or detrimental to the public welfare. How This Violation Can Be Voluntarily Corrected: Please obtain a building permit and make repairs as required or demolish the building and remove all debris from the lot. Potential Penalties if not corrected within thirty (30) days from the service of this Notice include: Condemnation. Appeal: If you disagree with our conclusion that your property contains a violation of the ordinance listed above, you have a. right to file an appeal with the City Council. Smrel�� / Preston Hammon Code Compliance Officer 173.0x utisata nuadins. _ City of Fayetteville 113 West Mountain ' • • Service Request Detail Fayetteville, AR 72701 (479) - • Report Date 08/08/2002 09:18 AM Submitted By Page 1 Service # 2726 Problem CE808 TRASH OR GARBAGE -OCCUPIED LOT Address 1533 S DUNCAN AVE FAYETTEVILLE AR 72701- Call Date 08/072002 08:19 Priority 03 Duration of Call 00:00 Taken By 1948 EARNEST, HUGH Responsibility CE COMMUNITY CODE ENFORCEMEti1'bf Calls 1 Source INTERN Prgect Q Customer Contact Requested Budget # Schedule Inspection scheduled to start at 08t082002 04:00 PM. Inspect Inspection to start by 08/092002 08:19 AM and to be completed by 08/122002 WAS AM. Assigned to 1489 PRESTON HAMMON . Resolve To be resolved by 08/14/2002 08:19 AM. Location Area LL Sub -Am District ©G�lP�%� 6 Map # i Parcel Template Type - AIP # Asset } c. 1 b Name First,M1 Title Address City State/Province 21P/PC Cory 0 Foreign Reference # E-Mail Day Phone Evening Phone Call Date 08/072002 08:19 Taken By 1948 Can List There are no additional callers for this service number ..wed Resolution Cale.: Date>�. Tlme.;. T,Iry oT rayeLtevnte 113 WeatMountain • • Case Inspection Detail Fayetteville, AR 72701 (479)521-7700 Fax(479)575-8316 Report Date 02I03I2003 04:43 PM Submitted By 1489 _ Page 1 Impaction 5754 AIP# 1045 Insp Type CERIN CODE ENFORCEMENT REINSPECTION i 1 Property Information Address 1533 S DUNCAN AVE FAYETTEVILLE AR 72701- Location PARCEL#765-09617-000 Application Information Type GWTRASH GRASS WEEDS AND TRASH Priority AIP Name PH Desc of Case 8-0-021105pm,PH, vacant, rear wall out, tall weeds,grass in rear, some junk, 3 pix (file: Duncanl533, 84I-02a,b,c) also old file on this. 8-13-02,PH, railed ph.# In files, found out Tracy (Terhune) Williams is In unwed mothers home in Little Rock, 250pm, called her father. James Terhune, 479-3694415,MountainburgAR, he will attempt to get word to her need contacL(He has not had contact in some time) Will send V. notice to addr of record this date. Initial Impaction Call DateMme ® System Generated Assigned To Schedule Daterrime Order/Group 0 Preference ❑ waived Location Inspection Results Impacted By 1489 Sarre Trip as Imp # 0 Start Datefrime 02103/200313:35 Odometer Start 0 O Partial Impaction Completed Datelfime 02/03200313:45 Odometer Stop 0 Status Failed Comments . 6 no action or response. post property wl copy of letter Wor placard 2-3-03,PH,posted Viol. & placard on me., photos of same & interior city of Fayetteville 113 West Mountain Fayetteville, AR 72701 (479)521-7700 Fax (479)575-8316 • Case Inspection Detail Report Date 02/19/2003 04:30 PM Submitted By 1489 Page 1 Impaction 0143 AIP# 1045 Insp Type CERIN CODE ENFORCEMENT REINSPECTION # 2 Property Information Address 1533 S DUNCAN AVE FAYETTEVILLE AR 72701- Location PARCEL#765-09617-000 Application Information Type GWTRASH GRASS WEEDS AND TRASH Desc of Case 8-8-02.1105pm,PH, vacant, rear wall out, Priority AIP Name PH tall weeds,grass in rear, some junk, 3 pix (file: Duncan1533, 8-8-02a,b,c) also old file on this. 8-13-02,PH, called ph.# in files, found out Tracy (Temune) Williams is in unwed mothers home in Little Rock, 250pm, called her father, James Temune, 479-369-4415,MountainburgAR, he will attempt to get word to her w need contaet(He has not had contact in some time) Will send V. notice to addr of record this date. Initial Impaction Call Datarfhrme System Generated Assignad To 1489 Schedule Daterrimne 02/19/2003 16:00 Order/Group 0 Preference O Waived Location Inspection Results Inspected By 1489 Start Daterilme 021191200313:30 Same Trip as Imp # 0 Odometer Start 0 Partial Inspection Completed Daterfime 02/19200313:35 Odometer Stop 0 Status Failed Corn mends no contact wlowner, prepare for council action 2-19-03,ph, no change. City of Fayetteville Well Mountain Fay • • Fayeaev0le, AR 72701 (479)521-7700 Fax(479)575.8316 GWTRASH Case - RortepDate _ _ 03/24/2003 09:24 AM Submitted By 1489 Pagej Case # 1045 : 4 Service -Cust Se�rvicee#Problem: --;'Resolution Code .Resolved Date r 2726 CE808 W Mite Information t,'. '� ' <..G:. .,, `. '- .^:'- .r ,,. _Proper Address 1533 S DUNCAN AVE FAYETTEVILLE AR 72701- Location PARCEL# 765.09617-000 •Ow rrenarR CortactlD AC1326 Name MSTRACYLTERHUNE Mailing Address 1533 S. DUNCAN Organization City FAYETTEVILLE State/Province AR Country Q Foreign ZIP/PC 72701 Day Plane Evening Plane Fax Mobile # Linked Addresses�^_ • . ti•.:. �.. ^.:� .,.. ,;.. .., _ .. 1533 S DUNCAN AVE FAYETTEVILLE, AR 72701- i Y 1 '_i f A60PLInkedAddressesw,... a •� n L.S. 1 }. .. Ja...:. .i.:.. ... ..C. _ ".' .....: . ...)` ... , No Addresses are linked to this Application 4. ..1.7(lked Parade - 765-09617-000 46 � 1 AIP Linked Parcels ° . o i y �.- No Parcels are linked to this Application .. f • _. ..x, 5.,. r, n_APP��^Is/COntetda - Y Capacity OWNER Contact to AC1326 Q 'Foreign Primary Name MSTRACYLTERHUNE Day Plane Eve Phone Address 1533 S. DUNCAN PIN # FAYETTEVILLE Paper Fax Mobile AR 72701 E-Mail Organization Position Profession Cornments No Comments No Contractors: Item Oescnptan.,- ' .,- .la r. ,:.:Item Check Fees Fees Successful Check Inspections Inspections Failed 5754 CERIN 91 CODE ENFORCEMENT REINSPECTION Failed 6143 CERIN 92 CODE ENFORCEMENT REINSPECTION Failed 6627 CERIN #3 CODE ENFORCEMENT RENSPECTION No Action Check Rovio Reviews Successful City of Fayetteville 113 West Movntaln ' • Fayetteville, AR 72701 (479)521-7700 Fax (479)575-8318 • GWTRASH Case • Report to 03/24/2003 09:24 AM Submitted By 1489 Page 2 @ens Status Check Conditions Conditions Successful CERT SENT CERTIFIED MAIL SENT Approved, DONE Check Alert Conditions Alert Conditions Failed VALID RESOLUTION CODE REQUIRED Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 0 � d 1 1 a :. ITISpLCt10nS � .\ ...•' .._ 1, r . efi i C. .v ..\2 r _.e. _ ^ ...[,a3T >...._u _ Inspection# 5754 Inspection Type CERIN # 1 Assigned To Call Impacted By 1489 Order/Group 0 Scheduled Preference Comments if no action or response, post property vW copy of letter Wor placard 2-303,PH,posted Viol. 8 placard on ma., photos of same 8 interior Inspection Details No Inspection Details Inspection Is 6143 Inspection TypeCERIN # 2 Assigned To 1489 Call . Impacted By 14a9 Order/Group 0 Scheduled 02/19I200316:00 Preference Commends w contact vaowner, prepare for council action 2-19-03,ph, no change. Inspection Details No Inspection Details Inspection# 6827 Inspection Type CERIN # 3 Assigned To 1489 Call 02/19200300:00 Impacted By Order/Group 0 Scheduled Preference Comroerds Inspection Details No Inspection Details type $talus. . No Records for This Search Criteria G- S r e '{ u•l"e . h 3f 5 }4 'ii 4 MI.. Commends Zt t y 3 ' - .Prat ,t.+. y,.... 4. _ s. E?yYoyee ID Last t -„r \ . 1489 HAMMONS PRESTON i A, �,4r'Zl y—t v -.: e �, r1 a- i-r�W j� all tt.,00gg (( Oescnption ,.A VVORDER WORK REQUEST MADE TO ADEPT. 1489 03105200300:00 DH to fad Viol hb to PO for delivery WORDER WORK REQUEST MADE TO A DEPT. 1489 02272003 00:00 PD to attempt personal service of Viol. Mr RECD CERTIFIED MAIL SIGNATURE DATE 1489 02/13200309:39 cert mailing of Viol, air relumad to sender uncainned. J wry or rayerrevme West Mountain � Fay • • Fayetteville, AR 72701 (479)521-7700 Fax(479)575-6316 GWTRASH Case I• Report Date 03/24/2003 09:24 AM Submitted By 1489 Page 3 1 Real Estate Parcel Information • • Page 1 of 2 Record 1 of 1 Last Updated 10/16102 Parcel Number: 765-09617-000 Prev. Parcel Number: 142989-000-00 Type: RI Location: 1533 S DUNCAN AVE Owner Name: TERHUNE, TRACY L. _Mailing Address: 1533 S DUNCAN FAYETTEVILLE AR 72701 Lot: Block: S-T-R: 21-16-30 Addition: PARKSDALE ADD School District: FAYETTEVILLE SCHOOLS Tax District: 011 City: FAYETTEVILLE Legal: LOT 7, PT. LOTS 5.6 BLOCK 2 Current Year A79 Credit Status: V Last Appraised: 2001 Appraised Value Taxable Value Land 129000 21400 Improvement 2,950 590 Total 149950 21990 Tax History Taxable Ad Imp. Timber Voluntary Total Total A79 A79 Payment Year Value Valorem Dist. Tax Tax Tax Tax Credit Status Status Tax Tax Paid 2001 2,838 $147.46 $0.00 $0.00 $0.00 $147.46 $0.00 2000 21580 $135.45 $0.00 $0.00 $0.00 $135.45 $135.45 PAID 1999 4,900 $250.88 $0.00 $0.00 $0.00 $250.88 $260.88 PAID 1998 49900 $261.37 $0.00 $0.00 $0.00 $251.37 $251.37 PAID 1997 4,900 $261.37 $0.00 $0.00 $0.00 $251.37 $251.37 PAID 1996 49900 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAID 1995 41900 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAID Available Tax Payment Receipt(s) Year Receipt Payment Va odrem Dist. Timber Voluntary Penalty Payment # Date Tax Tax Tax Tax Tax 2000 6076 04/24/01 $135.45 $0.00 $0.00 $0.00 $0.00 $136.45 1999 3214 03/29/00 $250.88 $0.00 $0.00 $0.00 $0.00 $250.88 Deed History Date Book Page Granteel Grantee2 Deed Sale Revenue Type Amount Amount 5/30/1995 95 26515 TERHUNE,TRACY WD 29,000 95.70 HANNAN, 13173 4/23/1993 93 25767 STEPHEN P & ET REED RD WD 0 0.00 AL TRUST NO REV HANNAN, 5/15/1992 92 24451 STEPHEN P & WD 249000 62.80 CHARLOTTE A. http://www.wasliington.countylpropertysearchIRParcelInfo.asp?BS=N&HN=1&LU=1016.-. 10/17/2002 Real Estate Parcel Information • • Page 2 of 2 10/411991 1436 048 BACCHUS, LESLIE D. MCBROOM, 1/111985 743 308 HOMER J. & BEULAH M. WD 22,000 48.40 0 0.00 First Total Structure Occupancy Construction Floor Living Age or Year Basement Number Type Type Living Area Constructed Area Area 01 SF FS 552 552 50 0 Sketch: Next Item I Previous Item I Return to Search Results I Modify Search I New Search http://www.washington.countylpropertysearchIRPareelInfo.asp?BS=N&HN=1&LU=1016.-. 10/17/2002 T41k olp CITY OF FAYETTEVAE, ARKANSAS 113 W. Moo lain, Fayelleville, Arkaaaaa 72701 Pb: S21-7700 CODE ENFORCEMENT OFFICERS VIOLATION NOTICE RE: OFFICIAL CITY NOTICE OF A CITY ORDINANCE TO: �EiivcGrGLrtlt-o- I.`., M"; Z. NAM2 OF BUSINESS Gz(aL.o.uP/.a,v�. The undersigned, being an employee of the City Buikkag etiv Depanment of the City of Fayetteville, Washington County, Arkansas, upon his oath deposes and says that he made an investigation; 2,�y�? on T _G the /i day of LtVJ4, ATB at /100 r -- a.mapu and found conditions, as set out below that exist which are contrary to current city regulations such as As Amended by City Ordinance No. 39yP SECTIONS GENERAL 151.20 Building Code 152.35 Electrical Code 157.01 Plumbing & Gas 158.65 Sign Code 160.115 Zoning Code 98.04 95.04 Sidewalks �L l�D; N� /�� u-ws Fes, a2Ulii //IJ-SeCGC L1�, THE ABOVE VIOLATIONS MAY BE CORRECTED IN THE FOLLOWING MANNER: / 14 !-�/w r-1 dYi'/NU A 40kLr i T/tl-x-ICj A6eet & 1A ctL �-i'S [1 _ �!�(// t>/ i c /if Y�(�A_ h wi � i .c.J'3 Dili ✓t-�LIGD J E .G I ,n; � YOU ARE HEREBY NOTIFIED, AS PROVIDED FOR IN t SC L "'` Ofj- OF THE FAYETTEVILLE CODE OF ORDINANCES. THAT THE ABOVE DESCRIBED VIOLATION(S) EXIST(S) AND MUST BE CORRECTED. SHOULD SAID VIOLATION CONTINUE TO EXIST ON OR AFTER , 1-991?r2�-3fHE CITY WILL PROCEED WITH FURTHER LAWFUL ACTION. VERIFICATION OF TIMELY CORRECTION MAY BE MADE BY PRESENTING THIS NOTICE TO THE INSPECTION DEPARTMENI ROOM 112,113 WEST MOUNTAIN, FAYETTEVILLE, ARKANSAS OR BY CALLING (501) 575-8233. SIGNATURE AND DATE % FILED FOR RECORD 010FEB 23 Pn 2 10 OW '8ASHINGTON CO AR ORDINANCE NO. 3948 K. HARNESS AN ORDINANCE PROVIDING FOR THE RAZINAWROFILMEJ REMOVAL OF BUILDINGS OR HOUSES THAT HAVE BECOME DILAPIDATED, UNSAFE, UNSANITARY, OR DETRIMENTAL TO THE PUBLIC WELFARE; AND PROVIDING FOR A LIEN ON THE REAL PROPERTY. WHEREAS, it is determined that to preserve the public health, safety and welfare, regulations should be set forth to deal with houses and buildings within the corporate limits of the City of Fayetteville, Arkansas, which have become dilapidated, unsafe, unsanitary, or detrimental to the public health. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That no person or persons, partnership, corporation or association, hereinafter referred to as "Owner", shall keep or maintain any house or building within the corporate limits of the City of Fayetteville, Arkansas, which has become dilapidated, unsafe, unsanitary, or detrimental to the public welfare. Section 2. A. RESOLUTION. The rules and procedures of the Inspection Department for clean up, raze and removal of property shall be followed. If the results of such efforts are unsatisfactory, the Inspection Superintendent may forward the matter to the City Council for consideration. The City Council may by resolution make the following determinations and issue the following order: 1. DETERMINATION OF CONDITION. The City Council 6 or house has become dilapidated, blic welfare. D REMOVAL. If it is determined /a ilapidated, unsafe, unsanitary, or Council may order the house or of a resolution by the City Council dilapidated, unsafe, unsanitary, or r of such house or building shall be e that the City Council will consider ;red by registered letter or personal J 010613 FAYETTEXALLE 0 THE CITY OF FAYETTEMLLE, 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 OQV City Clerk Division Date: September 27, 2004 Re: Ordinance No. 4617 The City Council passed the above ordinance, September 21, 2004, amending Ord. No. 4482, Exhibit A, to reflect the Order of Annexation filed in the county clerk's office. I have attached a copy of the ordinance and amended Exhibit A. 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. Attachments) cc: LaDawnya Cossey, Planning John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering NORTHWISST ARKANSAS MITION L IN AFFIDAVIT OF PUBLICATION I, jai b do solemnly swear that I am Leg I 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: �c �t was inserted in the regular editions on PO# O� - 53LO61 ** Publication Charge: $n , subscribed and sworn to before..me this s "day of : _, 2004. �l My CommissionZxpires: Please do not pay from Affidavit. An invoice will be sent. RECEIVED OCT 06 2004 JF FAYETTEVILLE TV CLERK'S OFFICE 212 NORTH FAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 0 ORDINANCE NO. 1077 tt VV t i iV AN 2, ANNEXING INTOAME1THE ORDINANCE NUMBER LUE. ; f T 4482, ANNEXING INTO THE CITY LOCATED FAYETT NORTH •.. Y EAST CORNER E ISLAND LOCATED AT THE NORTH . EAST CORNER REPLACING G THE RT EXHIBIT D AND _ ARXANBAfi SHILEC DRIVE EXHIBIT ING IN HE R ER TO - REFLECT THE SIGNED USED E THE ORDER STATING ANNEXATION SIGNED BY JUDGE HUNTON, STATING THAT THE SUBJECT PROPERTY CONSISTS OF.61 ACRES I I A. R ORDAINED-EY THE CRY COUNCIL OF THE CRY OF PAIIETTEVILL.Er ARNANSASI Section 1. That the Clry QOArILY hereby confane the arrieyedon to the Gty of Fayetteville, Arlo nsas, o1 that poRerty described in E# 'A' alladed hereto end made a part hereof. ' Section 2. The official rtvp of the City of Fayettevlle, AAuansas, Is hereby anerx W to reflect the change xm0ded in Seclbn 1 above. Section 3. Thot the oErJal zoning main o1 Me City of FeyetleA9. AAercias a hereby MWKied to emign the zorvlg dWignetbn of RA, Residential ABnNwral vythe 9AW properly.. Section 4. That me abwe-desaibed property Is hereby aalgned to Ward No. 4. PASSED turd APPROVED Nis 219 day of September, 2004. APPROVED: BY: DAN GOODY, Mgren ATTEST: By; SONDRA WITH, CRY Clot REVISED EXHIBR'A" AN(03-02.00 PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SEC- TION FIVE (5), TOWNSHIP SIXTEEN (16) NORTH. RANGE THIRTY PQ WEST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT. THENCE NORTH 89 DEGREES 23' EAST ALONG THE NORTH LINE THEREOF A DISTANCE OF 297.2 FEET TO A POINT ON THE WESTERLY PROPOSED RIGHT OF WAY UNE OF U.S. HIGHWAY 71; THENCE SOUTH 50 DEGREES 54' WEST ALONG SAID PROPOSED RIGHT OF WAY UNE A DISTANCE OF. 161.2 FEET. TO A POINT:. THENCE SOUTH 78' DEGREES 38'WEST ALONG SAID PROPOSED RIGHT OF WAY UNE A DISTANCE OF 173.8 FEET TO'A.POINT ON THE WEST UNE OF THE NORTH- W(N EST QUARTER W 1/4) OF THE SOUTHWEST QUARTER (SW 1/41 OF SECTION FIVE (5) THENCE NORTH 00 DEGREES 43' WEST ALONG SAID WEST IJNE A DISTANCE OF 132.7 FEET TO ]HE POINT OF BEGINNING AND CONTAMING S1 ACRES MORE ORtILLESS* ' q S' Charlie Daniels Secretary of State November 1, 2004 The Honorable Karen Combs Pritchard Washington County Clerk 280 North College Street, Suite 300 Fayetteville, AR. 72701 Dear Ms. Pritchard: State of Arkansas Secretary of State Business & Commercial Services 682.3409 Elections 682-5070 Building & Grounds 682-3407 Communications & Education 683-0057 State Capitol Police 682-5173 Business Office 682-8032 Information Technology 682-341 1 The Following Information has been recorded and filed in the Office of the Secretary of State: Date: 12/01 /2004 Annexation: Incorporation: Census Information 1st Class City 2nd Class City Incorporated Town County: Washington City: Fayetteville Ordinance No. - Co. Order No Plat Election Island Ordinance No. Co. Order No. Plat Election 4617 CC-2002-20 X I have forwarded this information to the Arkansas Municipal League. If you have any further questions please do not hesitate to contact nie at 1-800-482-1127 or 682-3451. Sincerely, RECENIF), Leanna Godley QV 0 4 ?QQ4 Election Services Representative N C FAYETTEVILLE OF OFFICE Room 256 State Capitol • Little Rock, Arkansas 72201-1094 501.682.1010 • Fax SOI.682.3510 e-mail: arsos®sosmail.state.ar.us • www.sos.arkansas.gov ROM (THU)NOV 4 2004 13:34/ST.13:33lNo.6816796207 R 1 0 • WASMGTON COUNTY .UAREN comas F*nt.H XD: STATE OF ARKANSAS COMM Ally reoKR7�, p&AK WASMGTON COUNTY COURTHOUSE 280 N. COLLEGE AVENUE, SUITE 300 tAYETTEVILLE, AR 72701 TEIATHONE: (479) 444-1711 PAX: (479) 444-1894 DATE: 6 ` ✓b O TO: �C:e FAX#: i FK.OK FAX#: 479-444-1894 '7�g5 Number of pages(includingcover page) � COMMENTS: Pov - ( 04 ► W :><, 4 C 01,0�a— Oct z . FROM (THU)NOV 4 2004 13:34/ST. 131VNo.6616796207 P 2 Charlie Daniels Secretary of State November 1, 2004 The Honorable Karen Combs Pritchard Washington County Clerk 280 North College Street, Suite 300 Fayetteville, AR. 72701 Dear Ms. Pritchard: StAe of Arkansas Secretary of State UeStiona 682-5070 euumn6 n 0munn+ 6ryz-3a07 Conununtcmlons S Education G03-0037 3Ute e+ptlm rollre 6826173 nuslnr550mce 8828032 InfOMMiun Tee11M010gr 682,3411 The following Information has been recorded and filed in the Office of the Secretary of State: X o Date: 12/01/2004 County: Washington City: rayettstrilk ? s a?m z Annexation: Ordinance No. - 4617 Co. Order No CC-2002-20 Plat X A F Election CD a Cn Island �, m o Incorporation: Ordinance No. ? rr Co. Order No. a m ty Plat x :)a PO Election v Census Information 1st Class City 2nd Class City Incorporated Town l have forwarded this information to the Arkansas Municipal League. If you have any further questions please do not hesitate to contact meat 1-800-482-1127 or 682-3451. Sincerely, Lcanna Godley Election Services Representative Room 256 State capitol • Little Rock, Arkansas 72201-1094 301.682.1010 & Fax 601.682.3310 r:•nrait: areas®sosraail_state.ar.u6 • www,s",arkansas.gov 11 Tbo 0 IN 'fHE COUNTY COURT OF WASHINGTON COUNTY, ARkANSAS ro CASE NO. CC.� i IN RE: ANNEXATION OF PROPERTY CONTIGUOUS TO THE dTy P,F r"r' FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS Z -; PETITH IN FOR THE ANNEXATION OF PROPERTY r r c N rntvTua InII IQ 'r'h TidF ('ITV OF FAYF.TTF.VILLF- ARKAN" w COMES NOW the petitioner, Mitchell Oil Company, owner of certain real property, located in Washington County, Arkansas, and petitions the court as follows: That the petitioner, Mitchell Oil Company, is the sole owner of certain real properties located in Washington County, Arkansas, described as -follows: Part of the Northeast Quarter (NE V) of the Southeast Quarter (SE '/4) of Section Six (6). Township Sixteen (16) North, Range Thirty (30) West, and being more particularly described as follows, to -wit: Beginning at the Northeast comer of said 40 acre tract, and running thence South 00 degrees 12'44" East, 130.64 feet thence South 79 degrees 04' West 7.77 feet to a point on the East right-of-way line of Mt. Comfort Road; thence along said road right of way line for 201.84 feet along a curve to the left having a radius of 314.5 feet, a delta angle of 36 degrees 48'47" and a leading tangent bearing of North 29 degrees 50'26" West; thence East 155.15 feet to the point of beginning, and containing 0.20 acres, more or less, subject to rights of way and easements, if any. AND: Part of the Northwest Quarter (NW '/4) of the Southwest Quarter (SW '/4) of Section Five (5), Township Sixteen (16) North, Range Thirty (30) West, more particularly described as follows: Beginning at the Northwest comer of said 40 acre tract, thence North 89 degrees 23' East along the North line rhercof a distance of 297.2 feet to a point on the Westerly proposed right-of-way line of U.S. Highway 71; thence South 50 degrees 54' West along said proposed right-of-way line a distance of] 61.2 feet to a point; thence South 78 degrees 38' West along said proposed right-of- way line a distance of 173.8 feet to a point on the West line of the Northwest Quarter tNW '/.) of the Southwest Quarter (SW '.6) of Section Five (5). thence North 00 degrees 43' West along said West line a distance of 1317 feet to the point of beginning and containing 0.61 acres, more or Ies;. Z d b00Z N 10000 2. That all of said property is contiguous to and adjoins the City of Faycueville, Arkansas. 3. The Petitioner respectfully requests that said properties be annexed to, added to, and included within the boundaries of the City of Fayetteville, Arkansas. 4. The Petitioner respectfully requests that this Court set a date certain for a hearing of this Petition. WFIEREFORE, premises considered, the Petitioner prays that this Court set a date certain for its hearing of this petition; that the Court grant its petition for annexation to the City of Fayetteville, Arkansas; and for all other reasonuble and proper relief to which this Court deems it entitled. MITCHELL IL COMPANY, Petitioner 1 By: RICHARD P. OSBORNE, Its Attorney Arkansas Bar No. 73090 26 East Center Street Fayetteville, AR 72701 (479)521-5555 E d b9t96191894M/10:oi Is/9o:01 h006 dl 190(18;) W08A VERIFICATION STATE OF ARKANSAS ) )ss COUNTY OF WASHINGTON 1. Kichard P. Osborne, Attorney for Mitchell Oil Company, do hereby certify, upon oath, that the statements and averments contained in the Ibrcgoing Petition for Annexation are true and correct to the best of my knowledge and belief. RICHARD P.OST3ORNE l r. Subscribed and sworn to before me this I,� day of November, 2002. n My Commission Expires' NOTARY PUBLIC 9 d b919619180'ON/VO 01'1S/H 01 0006" ZZ 100(IU,) W0811 E � m q \|Q ~� ' e2. t \» � V. Z $ §2r / � %! | ,.mmm,:w6r al..111, m, IN 'rHE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS o CASE NO, CC- ZOOZ z n IN RE: ANNEXATION OF PROPERTY CONTIGUOUS TO THE CI{��' [# 00 FAYETTE.:VILLE, WAS14FNGTON COUNTY, ARKANSAS c; i, rn m <� m o 3 0 c, ! ry ORDER FOR HEARING r ry ON THIS �a day of November, 2002, is presented the Petition of Mitchell Oil Company, for annexation of certain lands more particularly described therein to the City of Fayetteville, Arkansas, and this Court does hereby set the Petition for hearing on . the // day ofLZA& 2002, at /O.bO .7 .tn., ill the Office of the County Judge, 280 North College, Fayetteville, Arkansas; and notice of said hearing shall be given as provided by law. ON. M Y IIUNTON, County Judge U ' , 9 d V919610189'ON/00:0141Si90:01 b00d N 10008) Ma IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKSAS w y o CASE NO. CC- IN RE: ANNEXATION OF PROPERTY CONTIGUOUS TO THEjCRY`OF`D r FAYETTEVILLE, WASHINGTON COUNTY, ARKANS,8 o c rn -_ ORDER OF ANNEXATION o r- � ° o nrrtv a v cn o NOW ON THIS ItA day of C.Jfj dAr, , 2002, the Petition -for Annexation of Property Contiguous to the City of Fayetteville, of Mitchell Oil Company, comes on for hearing, and the same is submitted to the Court upon said Petition, proof of publication of notice, the testimony before the Court, and other evidence presented, from all of which the Court finds: That the Petition for Annexation of Property Contiguous to the City of Fayetteville was duly filed in the Office of the County Clerk of Washington County, Arkansas, and that an Order was made fixing the time and place for a hearing on said Petition at this date and time in the County Court of Washington County, Arkansas, 2. That legal notice of the hearing was given as required by law, and such notice of the hearing was published once a week for three consecutive weeks in the �. W. &4. I IMES , a newspaper published in Washington County, Arkansas. Proof of publication has been made and filed with the Clerk of this Court. 3. That the Petitioner is the sole owner of the property to be annexed. 4. That the owner of the proposed annexed area shall derive substantial benefit from the annexation. b-41a 1 d WgH918910N/b0 01'1S/90 01 600Z ZZ 10008j) W081 5. That the area to be annexed is part of the growth area of the City of Fayetteville. Arkansas, and the extension of the corporate boundaries is a realization of the natural growth of the City of Fayetteville. 6. That the lands to be annexed are contiguous to and adjoin the City of Fayetteville, Arkansas. 7. That the City Council of the City of Fayetteville, Arkansas, shall, according to the Ark. Code Ann. §14-40-605, accept the annexation by ordinance. 8. That the legal description of the lands to be annexed is that property situate in Washington County, Arkansas, to -wit: Part of the Northeast Quarter (NE '/4) of the Southeast Quarter (SE %4) of Section Six (6), Township Sixteen (16) North, Range Thirty (30) West, and being more particularly described as follows, to -wit: Beginning at the Northeast corner of said 40 acre tract, and running thence South 00 degrees 12'44" East, 130.64 feet; thence South 79 degrees 04' West 7.77 feet to a point on the East right-of-way line of Mt. Comfort Road; thence along said road right of way line for 201.64 feet along a curve to the left having a radius of 314.5 feet, a delta angle of 36 degrees 48'47" and a leading tangent bearing of North 29 degrees 50'26" West; thence East 155,15 feet to the point of beginning, and containing 0.20 acres, more or less, subject to rights of way and easements, if any. AND: Part of the Northwest Quarter (NW '/4) of the Southwest Quarter (SW '/4) of Section Five (5), Township Sixteen (16) North, Range Thirty (30) West, more particularly described as follows: Beginning at the Northwest corner of said 40 acre tract, thence North 89 degrees 23' East along the North line thereof a distance of 297.2 feet to a point on the Westerly proposed right-of-way line of U.S. Highway 71; thence South 50 degrees 54' West along said proposed right-of-way line a distance of 161.2 feet to a point; thence South 78 degrees 38' West along said proposed right-of-way line a distance or 173.8 feet to a point on the West line of the Northwest Quarter (NW '/4) of the Southwest Quarter (SW '/4) of Section Five (5); thence North 00 degrees 43' West along said West line a distance of 132.7 feet to the point of beginning and containing 0.61 acres, more or less. U.l 4(� 8 d C919&19189'"V/40 Ol'1S/90 Ot b001 N 1000dj) NVA81 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the above described lands be, and hereby are, annexed to and hereby made a part of the City of Fayetteville, Washington County, Arkansas. L i' <^� O . JE Y HOWON, County Judge Uc�-4)4 6 d b9196L9189 "N/60 Ol'1S/90 01 tr00d N 10008j) NOU F%EB-05-2004 08w42 P.01 CI G R0001. Ot6 ORDINANCE NO, 4432 MICROFILMED AN ORDINANCE ANNEXING INTO THE CITY OF FAYETTEVILLE, ARKANSAS, AN ISLAND CONTAINING APPROXIMATELY 0.57 ACRES LOCATED AT THE NORTHEAST CORNER OF MT. COWORT ROAD AND SHILOH DRIVE. BE IT ORDAINED BY THE CITY COUNCIL OF THE (CITY 1 OE-0 FAYEM VILLE, ARKANSAS: Sectio That the City Council hereby confirms the annexation to the`Ciiy 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 hereby amended to assign the zoning designation of A -I, Agricultural to the subject property. Section 4. That the above -described property is hereby assigned to ward No. 4. PASSED and APPROVED this the 61h day of May, 2003. ATTEST: By: _B�Aa+ Sondra Smith, City clerk APPROVED: By: Recorded: ao%e0%2e03 stT02 l4�C PN Pea Mt: t11.10 Page r Of 2 vAshlnOtan County, AA Bette stamDe elreult elarh F11a2003-00027523 01 d 69196191894ON/tO 0141S/10 01 6001 11 IN (18A) W08J, FEB-05-2004 08:42 P.02 EXHIBIT "A" ANX 03-2.00 A PART OF THE NORTHWEST QUARTER (NWI/4) OF THE SOUTHWEST QUARTER (SW I/4) OF SECTION FIVE (5). TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING AN EXISTING ARKANSAS STATE SURVEY MONUMENT; THENCE N89028'27"E ALONG THE NORTH LINE OF SAID 40 ACRE TRACT 287.81 FEET TO A SET IRON ON THE NORTHWESTERLY RIGHT-OF-WAY OF INTERSTATE 540; THENCE LEAVING THE NORTH LINE OF SAID 40 ACRE TRACT ALONG SAID NORTHWESTERLY RIGHT-OF- WAY S50054'00"W 159.33 FEET TO AN EXISTING ALUMINUM RIGHT•OF-WAY MONUMENT; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S78038'00" W 165.96 FEET TO A SET IRON ON THE WEST LINE OF SAID 40 ACRE TRACT; THENCE N00038917"W 130.56 FEET TO THE POINT OF BEGINNING, CONTAINING 0.57 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS_ 11 d 69196L'9t89'ON/60:01'1S/10:01 b00Z ZZ 100(18A) WOaA ' GEORGE, E. BUTLER JR. Cowry Artomcy WASHINGTON COUNTY, AIRiKANSAS County Courthouse February 6, 2004 Kit Williams City Attorney 113 W. Mountain Fayetteville, AR 72701 Richard Osborne Attorney at Law 280 North Collette. Suite 100 Fayetteville, AR 72701 26 E. Center Street Fayetteville, AR 72701 RE: Annexation of Mitchell Oil Properties; CC 2002-20; Fayetteville City Ordinance No. 4482 (5603) Dear Kit and Rick: The County Clerk has noticed a problem with this annexation. The original Petition, Notice, and Order described two tracts of land for a total of .81 acres more or less. The city ordinance describes one tract with .57 acres. I don't know if when plotted out how the legal descriptions will differ; if they do there is an obvious problem and the annexation could be attacked as void at any time; also the County Clerk is required to send these to various State agencies and thus there will be havoc in Little Rock. Please advise how you wish to proceed in this matter. Sincerely, George E. Butler, Jr. County Attorney GB/lp cc: Karen Combs Pritchard, County Clerk Jerry Hunton, County Judge Tolephnne. 479/977-8415 a FAX: 479/444.1710 ZI d 69196t9189'�N/b0 Ol'1S/LO Ol b00d lZ 100(idA) WOdi 0 REVISED EXHIBIT "A" ANX 03-02,00 PART OF THE NORTHWEST QUARTER (NW '/4) OF THE SOUTHWEST QUARTER (S W '/4) OF SECTION FIVE (5), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, THENCE NORTH 89 DEGREES 23, EAST ALONG TILE NORTH LINE THEREOF A DISTANCE OF 297.2 FEET TO A POINT ON THE WESTERLY PROPOSED RIGHT OF WAY LINE OF U.S. HIGHWAY 71; THENCE SOUTH 50 DEGREES 54' WEST ALONG SAID PROPOSED RIGHT OF WAY LINE A DISTANCE OF 161.2 FEET TO A POINT; THENCE SOUTH 78 DEGREES 38'WEST ALONG SAID PROPOSED RIGHT OF WAY LINE A DISTANCE OF 173.8 FEET TO A POINT ON THE WEST TINE OF THE NORTHWEST QUARTER (NW ''/.) OF TT-TF. SOUTHWEST QUARTER (SW '/4) OF SECTION FIVE (5) THENCE NORTH 00 DEGTt FeS 43' WEST ALONG SAID WEST LINE A DISTANCE OF 132.7 FEET TO THE POINT OF BEGINNING AND CONTAINING .61 ACRES, MORE OR LESS. 0 91 d 6919619489'ON/60 01'IS/90:01 6001 dl 10000 W081 February 11, 2004 RiCHARD P. O/SBORNE 26 EAST CENTER `.i'i NEET FAYETTEVILLE. ARKANSAS 72701 TELEPHONE 14191 521 5555 Mr. George F. Butler, Jr., I;sq. Washington County Courthouse 280 North College Fayetteville, AR 72701 FILED 'OY FE8 13 AEI 1154 FAX (4791 �0000 KAP E N CONSS PRITCHARG CO, d PROBATE CLERK V/ASHI?J^TON 0. ARK. Re: Annexation of Mitchell Oil Properties: CC 2002720: Fayetteville City Ordinance No. 4482 (5603) Dear George: I appreciate your letter of February 6, 2004, concerning the referenced matter. My client, Mitchell Oil Co., Inc., sold that property to Rex and Jim Bob Williams, and my instructions from both my client and both Williams was to cease activity and that the Williams would Lab care of everything else. Thereafter, I was advised by Jim Bob Williams that the City had purchased the land from the land. So, I suppose it is up to Kit to do what correcting needs to be done. Suiccrcly, fo '14"- Richard P. Osborne RPO/dks Fnclosure Copy: Hon. Kit Williams Hon. Karen Combs Pritchard Mr. Conway Massey N d 6919019189'ON/60 01'1S/10 01 700Z ZZ 100(18A) Wod4 CC a 00A-ao ORDINANCE NO. ° 61 1 AN ORDINANCE AMENDING ORDINANCE NUMBER 4482, ANNEXING INTO THE CITY OF FAYETTEVILLE, ARKANSAS. AN ISLAND LOCATED AT THE NORTHEAST CORNER OF MT. COMFORT ROAD AND SHILOH DRIVE, REPLACING THE EXHIBIT "A" TO REFLECT THE EXHUITT USED IN THE ORDER OF ANNEXATION SIGNED BY JUDGE HUNTON, STATING THAT THE SUBJECT PROPERTY CONSISTS OF .G 1 ACRES BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council hereby confirms the annexation to the City of Fayoteville, 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 hereby amended to assign the zoning designation of RA, Residential Agricultural to the subject property. Section 4: That the above -described property is hereby assigned to War,d No.A. 0 �c'� s = o 4� Q PASSED and APPROVED this 21" day of September, 2004. 11111IIIIIdI11IN111U1WINlI11 Doc ID: 007796060002 Tvoa. REL Recorded: 10/22/2004 At 09:03:20 Att Fee Aen: f11.00 Page 1 or 2 Washington Countv. AA Bette 9twos Circuit Clerk FI1.2004-00043693 ATTEST' By: sONRLA SMITH, City Clerk By: COODY, Mayor FAYETfEVILLE, rN � ; c- n > C� m 3 , CD a 01 d b919R9t89'0N/b0 U '1S/10 01 600Z ZZ 1000 M AI�% 01441. �zoo2-zo/M,�cII �r WASHIN GTON COUNTY uae� co>,Oss nlmd�auu: STATE OF ARKANSAS aouenram�`O�` +K • WASHINGTON COUNTY COURTHOUSE 280 N. COLLEGE AVENUE, SUITE 300 FAYETTEVILLE, AR 72701 TELEPHONE: (479) 444-1711 FAX: (479) 444-1994 . DATE: 0 TO: FAX#: q t 8- 1-7 CT 5 n FROM: FAX#: 4797444-1894 Number of pages (including cover page): 15 COMMENTS: 1 Tw cti a j CCaC)Q)A- C7� o 1 d b9Ig619199•ON/bO 0l'1S/90 01 VON dd 10008.) W08.