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HomeMy WebLinkAboutOrdinance 4632II ' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII • '� 00 007927660002 Tvoe: REL Recorded: 12/03/004 at 11:24:11 AM Fee Amt: $11.00 Pace 1 of 2 Hashlnoton Countv. AR Bette Stews Circuit Clerk F11e2004-00049491 ORDINANCE NO. 4 6 3 2 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1213 AS SUBMITTED BY MICKEY HARRINGTON FOR PROPERTY LOCATED AT 5512 GEORGE ANDERSON ROAD CONTAINING APPROXIMATELY 2.68 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the zone classification of the following described property is hereby changed as follows: From R-A, Residential Agricultural to RSF-4, Residential Single -Family, 4 Units Per Acre as shown in Exhibit "A" attached hereto and made a part hereof. Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this I" day of November, 2004. By: APPROVED: COODY, Mayor ATTEST: "FRYI" R�' �., =U• By: /tii E ; FAYETTEVILLE • SdNDRA SMITH, City Clerk �•- ; i EXHIBIT "A" RZN 04-1213 A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION THIRTEEN (13). TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY ARKANSAS, DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF THE SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER. GO SOUTH O1012'00" EAST 514.91 FEET TO THE POINT OF BEGINNING OF TRACT BEING DESCRIBED, THEN GO SOUTH 87016106" EAST 135.00 FEET. SOUTH 00000147" EAST 251.00 FEET TO THE NORTH RIGHT OF WAY OF ARKANSAS STATE HIGHWAY 16. THEN GO ALONG THE RIGHT OF WAY NORTH 87011'48" WEST 135.01 FEET, THEN LEAVING RIGHT OF WAY GO NORTH 00000'47" WEST 250.83 FEET TO THE POINT OF BEGINNING CONTAINING 0.78 ACRES. Washington County, AR I certify this Instrument was filed on 12/03/2004 11:24:11 AM and recorded in Real Estate File Number 2004-00049491 RWe Stamps - C7it Clerk by NAME OF FILE: Ordinance No. 4632 w/Ex. A CROSS REFERENCE: Item # Date Document 1 10/11/04 memo to mayor & City Council 2 draft ordinance 3 memo to Planning Commission 4 letter from Police Dept. 5 Answers to Item #5 on Application 6 Answers to Item #6 on Application 7 copy of Close Up View 6 copy of One Mile View 9 copy of Future Land Use 10 Staff Review Form 11 copy of Planning Commission minutes 12 memo to Dawn Warrick t3 Affidavit of Publication 14 copy of Petition for Annexation, CC2004-27 15 Ex. A 16 Ex. B 17 copy of Order Setting Hearing 18 copy of Amendment to the Petition for Annexation 19 copy of Decree of Annexation 20 copy of Petition for Confirmation of Annexation 21 copy of Order Confirming Annexation 22 23 24 25 NOTES: 12/3/04 filed at Wash. Co. Circuit Clerk office r oA�D City Council MeetingONovember 02, 2004 y�3a Agenda Item Number %Z/✓05/-/z u CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director/'_ 6 — From: Dawn T. Warrick, AICP, Zoning and Development Administrator 4 Date: October 11, 2004 Subject: Rezoning request for Harper/Bowen (RZN 04-1213) RECOMMENDATION Planning Staff recommends approval of an ordinance rezoning approximately 2.68 acres of property from R-A, Residential Agricultural to RSF-4, Residential Single Family — 4 units per acre. BACKGROUND The subject property contains a 2.68-acre tract of land. The property is currently developed as a single family residence. It is located east of George Anderson Rd, north of Zion Rd. With the exception of property to the east, all surrounding property is within the City of Fayetteville and zoned RSF-4. Copper Creek Subdivision Phase II, an approved preliminary plat currently under construction, envelopes the subject property west of George Anderson Rd. The property is designated Residential on the Future Land Use Plan. The applicant requested the property be rezoned from R-A, Residential Agricultural, to RSF-4, Residential Single Family — 4 units/acre, should the preceding Annexation request be approved. The applicant intends to further develop the property for single- family residential use under the RSF-4 zoning regulations. Staff recommended approval of a rezoning to RSF-4 for the subject property. Rezoning the property to RSF-4 will increase the density, allowing for more intense residential use of the property and allow for development compatible to surrounding residential subdivisions. This item was heard at the regular Planning Commission on October 11, 2004. Due to delayed notification, the Planning Commission voted 7-0-0 to table the request to the next regular meeting on October 25, 2004. In order to prevent the applicant from being delayed in the review process, staff forwarded this item to be heard by the City Council on November 02, 2004 with Council materials to be supplemented to include final actions by the Planning Commission. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1213 AS SUBMITTED BY MICKEY HARRINGTON FOR PROPERTY LOCATED AT 5512 GEORGE ANDERSON ROAD CONTAINING APPROXIMATELY 2.68 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE. �� BE IT ORDAINED BY THE FAYETTEVILLE, ARKANSAS: Section 1: That the property is hereby chat From R-A, Residential Agricultural tc Units Per Acre as shown;in.Exhibit "A" PASSED ATTEST: By: Section 2. That\i Arkansas, is hereby Section 1 above. Sondra Smith, City Clerk this zoning OF THE CITY OF of the Residential Single -Family, 4 hereto and made a part hereof. City of Fayetteville, change provided in of 92004. By: DAN COODY, Mayor EXHIBIT "A" RZN 04-1213 A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION THIRTEEN (13). TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY ARKANSAS, DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF THE SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER. GO SOUTH 010IT00" EAST 514:91 FEET TO THE POINT OF BEGINNING OF TRACT BEING DESCRIBED, THEN (GO SOUTH 87016'06" EAST 135.00 FEET. SOUTH 00000'47" EAST 251.00 FEET/TO THE NORTH'RIGHT OF WAY OF ARKANSAS STATE HIGHWAY 16. THEN/GO ALONG THE RIGHT OF WAY NORTH 87011'48" WEST 135.01 FEET, THEN LE AVING RIGHT OF WAY GO ORTH 00000'47" WEST 250.83 FEET TO THE POINT OF BEGINNING CONTAINING 0.78 J 0. PC Meeting of October 11, 2004 THE CITY OF FAYETTEVILLE, ARKANSAS 125 Mountain Fayetteevv Mountain AR 7270101 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Associate Planner THRU: Dawn Warrick, AICP, Zoning & Development Administrator DATE: October 06, 2004 RZN 04-1213: Rezoning (HARPER/BOWEN,100): Submitted by MICHELE, A HARRINGTON for property located at 5512 GEORGE ANDERSON ROAD. The property is in the Planning Area and contains approximately 2.68 acres. The request is to rezone the subject property from R-A, Residential Agricultural, to RSF-4, Residential Single-family, 4 units per acre. Property Owner: CRAIG & KARYN HARPER Planner: SUZANNE MORGAN RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings herein. (PLANNING COMMISSION ACTION: Required YES O Approved O Denied October 11, 2004 COUNCIL ACTION: Required ' YES O Approved O Denied Date: November 02, 2004 (1" reading if recommended) BACKGROUND: Property description: The subject property contains a 2.68-acre tract of land within the Planning Area. The property is currently a developed as a single family residence. It is located east of George Anderson Rd, north of Zion Rd. With the exception of property to the east, all surrounding property is within the City of Fayetteville and zoned RSF-4. Copper Creek Subdivision Phase II envelopes the subject property west of George Anderson Rd. Proposal: The applicant intends to develop a single family residential subdivision. Request: The applicant is requesting the property be rezoned from R-A, Residential Agricultural, to RSF-4, Residential Single Family, 4 Dwelling Units per Acre, should the preceding Annexation request be approved. K:IRepor(s120041PC ReporlsV 0-11-041RZN 04-1213 (Harper-Bowen).doc ) 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 2.68 acres to RSF-4, Residential Single Family, 4 Units per Acre. The annexation request, ANX 04-1212, is an accompanying item to this rezoning request. Recommendation: Staff recommends approval of the rezoning request. Future changes or additional development on this site will be regulated by the city allowing for a more uniform and consistent development pattern. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Vacant (Copper Creek Ph. II RSF-4, Res. Single Family — 4 units per under construction) acre South Vacant (Copper Creek Ph. II RSF-4, Res. Single Family — 4 units per under construction) acre East Single-family on large lots and Washington County (no zoning) vacant fields West Vacant (Copper Creek Ph. II RSF-4, Res. Single Family-4 units per under construction) I acre INFRASTRUCTURE: Streets: Currently the site has access to George Anderson Road. Portions of George Anderson Road are currently under design by other local developers for an upcoming construction project. At the time of development, this street will need to be brought up to current standards along the property frontage. These improvements will include pavement, curb and gutter, storm drainage and sidewalks. Surrounding Master Street Plan Streets: North: Albright Rd. (no classification) South: Zion Rd (collector) East: George Anderson Rd. (collector) West: Copper Creek Dr. (local) Water: The site currently does not have access to public water. An off -site water main extension will be required to serve this development. The nearest water main is an 8" main to the west in Copper Creek Subdivision. Sewer: The site currently does not have access to sanitary sewer. An off -site sewer main extension will be required to serve this development. The nearest sewer main is an 8" main to the west in Copper Creek Subdivision. K: VtepnrlsQ0041PC Repor1s110-11-04WZN 04-1113 (Harps'-Bowen).doc Fire: The subject property is located 4.0 miles from the Fire Station #4. Response time to the property is approximately 9-11 minutes and an projected 9-11 minutes response time at maximum build -out. Police: 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. NOTE: Individually, each of these annexations and rezonings do not necessarily substantially alter the population density, nor do they create and appreciable increase in traffic danger and congestion. The sum total presented over the years, however, has had a substantial impact on the demand for police services and has caused an appreciable increase in traffic congestion. Without the addition of police patrol personnel, these areas may see a lack of traffic enforcement or may experience situations where officers are delayed in answering many calls for service because of call volume exceeds the number of officers available to respond in a timely manner. LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property to RSF-4 is consistent with the land use plan and compatible with surrounding land uses in the area. FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: The proposed zoning for a Single Family residential is compatible with adjacent and nearby single family residential land use. The General Plan designates this area for residential uses, which is compatible with the proposed RSF-4 zoning. Access and provision of adequate services is currently being extended with the development of adjacent properties. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is justified in order to promote orderly and consistent development patterns making use of existing infrastructure. The rezoning is needed for the development of a single family subdivision as proposed by the applicant. A subdivision with this density in the R-A district could not be developed as it is currently zoned. A higher density than the R-A zoning district allows is appropriate in this area, and would provide compatibility with adjoining developments that are zoned RSF-4 and currently being developed with residential subdivisions. A:Wepor1s12004PC Reporug0-11-041RZN 04-1213 (Harpw-Bamen).do )• A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will provide additional traffic.on George Anderson Rd, the adjacent street. At the time of development, this street will need to be brought up to current standards along the property frontage. The Fayetteville Police Department finds that rezoning this property will not result in an appreciable increase in the level of traffic danger and congestion in the area. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed zoning would increase population density. The 2.68-acre tract under an R-A, Residential Agricultural designation would allow for a maximum of 1 dwelling unit (1 per 2 acres). With the proposed RSF-4 designation, 10 dwelling units would be permitted, with a projected total of 22 future residents in this area. This increases the possible number of residential units, but is consistent with land use and zoning in the immediate vicinity. Increased load on public services were taken into consideration and recommendations from Engineering, Fire, and Police Departments are included in this report. 5. If there are reasons why the proposed zoning should not be approved in view of . considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A K: Weports120041PC Reportsll0-11-041RT.N 04-1213 (Harper-Bomen).doc FAYL Pf EVILLE THE CITY OF FAYETTEVILLE, ARKANSAS October 4, 2004 Dawn Warrick Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Warrick, RECEIVED OCT 0 5 2004 PLANNING DIV. POLICE DEPARTMENT This document is in response to the request for a determination of whether the proposed Annexation ANX 04-1212 and Rezoning RZN 04-1213 (HarperBowen,100) submitted by Michelle A. Harrington for Property located at 5512 George Anderson Road would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. It is the opinion of the Fayetteville Police Department that this annexation and rezoning will not substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. NOTE: Individually, each of these annexations and rezonings do not necessarily substantially alter the population density, nor do they create and appreciable increase in traffic danger and congestion. The sum total presented over the years, however, has had a substantial impact on the demand for police services and has caused an appreciable increase in traffic congestion. Without the addition of police patrol personnel, these areas may see a lack of traffic enforcement or may experience situations where officers are delayed in answering many calls for service because of call volume exceeds the number of officers available to respond in a timely manner. Sincerely�(r� Lieutenant William Brown Fayetteville Police Department FAYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 P.O. Box 1998 JAIL: 140-A WEST ROCK STREET 72701 FAYETTEVILLE, ARKANSAS 72702-1988 PHONE: 479-587-3555 FAX: 479-587-3522 ) 161.03 District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes (2) Conditional uses. Unit 2 Cy -wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 20 Commercial recreation, large site - Unit 24 Home occupations Unit 36 Wireless communications facilities C Density, 11 Units per acre One-half (D) Bulk and area regulations. Lot width minimum 200 ft. Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback requirements. Front Side 1 Rear 35 ft. 20 ft. lil 35 ft. (F) Height requirements. There shall be no maximum height limits in the A-1 District, provided, however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required setback lines. (G) Building area. None. K:1Reports120041PC Reporoi I0-11-041RZN 04-1213 (Harpy-Bonen).doc 161.07 District RSF4, Residential Single - Family — Four Units Per Acre (A) Purpose. The RSF4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted uses. Unil 1 C -mil dwellin wide uses b right Unit 8 Sin le-fa (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family dwellings Two-family dwellin s Units er acre I 4 or less 7 or less (D) Bulk and area regulations. Single-family dwellings Two-family dwellin s Lot minimum width 70 R 80 ft. Lot area minimum 8,000 sq. ft. 12,000 sq. ft. Land area per dwellin unit 8,000 sq. ft. 6,000 sq. ft. (E) Setback requirements. 11IFF—ront Side Rear 11 25 ft. I aft. 20 ft. (F) Height. None. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. I i Q aWo�w d u s o u 0 0 E Q N o m m E o 0 1 as z Z aL U ti 0 E d d n a E E E .aaaaaaa E .E 'E 'o N E o L x _• E E E a � a ,� v cv Oa d A E lO N N N as E Ei S rn o ^ E E as E as 8 E 0 x o s! W .E .E .E .E .E E 0 o e m N yL� N M h can u aw w w Pao u4 w a o w N dl W L �p QN G O rt°e W r a •� rx a 0 z z c U v 0 E .O N N Naaa( N N N N W O O O O O O O ANSWERS TO ITEM N5 APPLICATION FOR REZONING 5. A written description of this request addressing the following items. a. Current ownership information and any proposed or pending property sales. Current owner is G & L Properties, LLC, Craig Harper, Member. b. Reason (need) for requesting the zoning change: The proposed zoning is needed in order to develop this property into RSF4 single family residential use. c. Statement of how the property will relate to surrounding properties in terms of land use, traffic, appearance, and signage: This development will be similar to the other R-1 development to the North, West and South, Copper Creek Phase III, and will be compatible re land use, traffic, appearance, and signage. d. Availability of water and sewer (state size of lines). This information is available from the City Engineering Division: Currently utilities have not been installed to the subject property, but it is intended that this development will tie onto the 8" water and 8" sewer lines currently existing in Copper Creek Phase III. ANSWERS TO ITEM #6 APPLICATION FOR REZONING 6. The Planning Commission is required to make specific findings with regard to this application. The following are the written statements of the applicant: a. The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. RSF4 subdivision on this land is consistent with the development in the area and the land use plans and objectives of the City of Fayetteville. b. Whether the proposed zoning is justified and/or at the time of the request. RSF4 zoning is the same as the surrounding property and compatible with the area, therefore is justified at this time. c. Whether the proposed zoning will create or appreciably increase traffic danger and congestion. Although traffic will be increased slightly, George Anderson Road is or will be sufficient to handle any increase. d. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Density will be the same as the other RSF4 developments in the area and is not expected to undesirably increase the load on public services. e. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification. The existing zoning of A-1 does not allow for the proposed highest and best use of this land, which is that of RSF4 residential development. � I III i� SUBJECT .O. S• L 1 i.......................... =C3.'"i'si .................:........:... Legend Master Street Plan " M I colfilm Set) YEAR FceawaytEVressway0*** HistciftCdi�� LIMIT OF STUDY MM r c .- RZN04-1213 RZN0H A R P E R/ B O W E N One Milele View View Iry 1 I i I La . l Y tl A 1'. IVL E Y c ! t 1{ Flo p -A tl' I 't o 1 :GUM LN I - 11 '1 e� _ 1 ,,1• i It... g �� 1 r 7 9 p 4lEP.=�� - wl > 1 Q 1 A i CLFNiLREE'6R N IN t A10 N�If %! +1 ftSFJ as t " _,1 �r { RPM 6F> G�J I STO E DR I- GI I a5F-a a lI t .! K AYETTEVILLth �L JI+ ] Rom+ SUBJECT PROPERTY asF. (earl 1-_�.-- a-A 1 _ L - I,k _ p�i1ERHILLr L .w :.J 11212N RD tlii - $ q 70R R14 \off o 'L4NB4r'4F' MNDAL P 1 CA PP lc p I { R A '[ { t ff Y�� s 14 RMF gal tl — r —� I —._ If. \ ! HSF-a znl� �---4 I ftSF4 R24 R �RSF _ y - aRIsF4 {.GULLS 1V I �1 iei1� pi� aA 3I Cz �� t{r R-0 —1 1 R-0 o1 RA Rrcga l- -�C -_ {. t I'_". I .. (-'j .._-•—_-�W .'DLLEY RD.�I�..�:1 ~. Overview Legend - F7]6 Subject Property Master Street Plan _ RZN04-1213 Boundary �'j Freeway�Vmsw y Pdmpal AnRrlal Streets0 Planning Area p 8000 yMlnu Arterial �\. 6lsgng Overlay District ♦ Collector %a""� Outside City ��0, HISt0nCC0IlWm 0 0.1 0.2 0.4 0.6 0.8 Miles RZ 0 aUSe HARPER/BOWEN Overview Legend Subject Property Boundary Master Street Plan ME RZN04-1213 _ 4� Freeway/Expressway ' \� Planning Area �P000a Principal Arterial StrBelS o o Overlay District Minor Arterial Existing F--J Outside City Co Planned � � r llector ego Historic Collector 0 75 150 300 450 600 MommommORFeet STAFF REV1'EW FORM - NON -FINANCIAL OBLIGATION x AGENDA REQUEST For the Fayetteville City Council Meeting of: FROM Dawn T. Warrick Planning Name Division ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: November 2, 2004 CP&E Department RZN 04-1213 was submitted by Mickey Harrington for property located at 5512 George Anderson Road containing approximately 2.68 acres, more or less. The request is to rezone the subject property from R-A to RSF-4, Residential Single Family, four units per acre. STAFF RECOMMENDATION: Approval. Division Head City Att G Department Director Finance & Internal Services Dir. Date Id - 2 L)- eq Date Date Received in Mayor's Office Cross Reference: Previous Ord/Res#: (0, yo_ey Date Orig. Contract Date: './ � jD/_atee O 7�Date Orig. Contract Number: New Item: 10•LS,ocI Date Yes No Planning Commission October 25, 2004 Page 17 RZN 04-1213: Rezoning (IIARPER/BOWEN, 100): Submitted by MICHELE, A HARRINGTON for property located at 5512 GEORGE ANDERSON ROAD. property is zoned R-A, Residential AgriculturalThe , and contains approximately 2:68 acres. The request is to rezone the subject property to RSF-4, Residential Single-family, 4 units per acre. Ostner: A tandem item is RZN 04-1213. We've already heard a staff report. The applicant is not present. Would the public like to speak to this issue of RZN 04-1213 for the same piece of property? I think our applicant has arrived. We've already approved the annexation and we' rezoning. re on to the Harrington: I apologize for being late. If you,have any questions on the rezoning, it's going to be the same as everything around it. Ask me if you have any questions. Ostner: Okay. Do we have a motion and a second? 1'd love a motion and a second. MOTION: Shackelford: Mr. Chair. Again I'm in agreement of staff findings of fact on this. I know this property, I live in this area, and I'm totally in support. of RSF-4 zoning, I think it's a match with what's already there and what the 2020 Plan recommends. So I'm going to make a motion that we forward to City Council with a recommendation for approval RZN 04-1213. Ostner: Thank you, ].have a motion for approval. Is there a second? Clark: Second_ Ostner. Second by Commissioner Clark. Is there further discussion? Suzanne? Roll Call: Upon completion of the roll call, the motion to recommend approval of RZN 04-12 ] 3 by the City Council was approved by a vote of 8-0-0. FAYETTEIILLE 0 THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575.8323 Fax: (479) 718-7695 cIty_clerk@ci.fayefteviIle.ar.us DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division n From: Clarice Buffalohead-Pearman v' City Clerk Division Date: November 9, 2004 Re: Ordinance No. 4632 The City Council approved an ordinance November 1, 2004, rezoning petition RZN 04- 1213 for property located at 5512 George Anderson Road. I have attached a copy of that ordinance. This ordinance will be recorded in the city clerk's office and microfilm. If anything else is needed please let the clerk's office know. Thanks. /cbp attachments cc: John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering AA 'I !!!!!!!!l!l!!!!t!!!l!!!!!!!!!!ll!!!< My Commissior>�;EXpir�}1e,;, A >, Notary Public, State of Arkansas' >; Washington County P > / Corngtig n F"vi es 07J27/OS " Please do not 3 < [kxda< «cc<c«uc«1 .An invoice will be sent. RECEIVED NOV 15 2004 CrTY OF CIT! CLERICS OFFICEFAYETrEVILLE LERK'OFFICEE AFFIDAVIT OF PUBLICATION 12-�]. 1 )1Abfnr-V do solemnly swear that I am Lega 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: 0i&Ra82L) (4J was inserted in the regular editions on Yam[ )orLLa,11 Po# c\4KQ *' Publication Charge: $ I <"I ,cy I Subscribed and sworn to beform/e this day of tl V 2004. ORDINANCE NO. " '. 11 fj AN ORDINANCE REZONINGPETITION THAT ,PROPERTY •,�� V t i lei DESCRIBED B REZONINGRRING RZN 04-1213 AS 0. SUBMITTED BY MICKEV HARRINGTON FOR PROPER- TY LOCATED AT 5512 GEORGE ANDERSON ROAD AR KAN SAS Notary Public CONTAINING APPROXIMATELY 2.68 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY FWR UNnS PER ACRE R ORDAINED BY THE CITY COUNCIL OF THE CRT OF /ATETTEYILLE, ARKANSAS: Jon 1: That Me i cassibcaticn of Me folovirg aesorlbeo properly Is hereby cflenped eS lollom: S94e-Ferny, 4 Units Per Acre as shoAn EXHIBIT 'A* RZN 04-1213� A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST WAATER OF SECTION (13). TOWNSHIP SD7EEN (16) NORTH, RANGE THIRTY.(30) WEST, WASHINGTON OF TRACT BEING DESCRIBED, THEN, GO SOUTH 67'18'06' EAST EAST 251.00 FEET TO THE NORTH RIGHT OF WAY OF ARKANSX 0 ALONG THE RIGHT OF WAY NORTH 87-1 1'48'WEST 135.01 FEE Y GO NORTH W 00'47' WEST 250.83 FEET TO THE POINT OF BEC 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, Aklr NSAS 72702 * (501) 442-1700 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS FILED '04 JUL 9 81111 15 IN THE MATTER OF: f <RF; COdi°S PI11iC1iARD ANNEXING TO THE CITY OFFAYETTEVILLE, G0. & PROBATE CLERK ARKANSAS, CERTAIN LANDS CONTIGUOUS CO. ARK. TO SAID CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS Case No. CC 200412�j CRAIG HARPER and KARYN HARPER, Husband and Wife and YANCEY BOWEN and GINGER BOWEN, Husband and Wife PETITIONERS PETITION FOR ANNEXATION Come now, CRAIG HARPER and KARYN HARPER, husband and wife, and YANCEY BOWEN and GINGER BOWEN, husband and wife, Petitioners, and for their Petition for Annexation state as follows: 1. Petitioners, YANCEY BOWEN and GINGER BOWEN, husband and wife, are the sole record owners of the following described property situated in Washington County, Arkansas, to -wit: A part of the Northeast Quarter (NE '/4) of the Northeast Quarter (NE '/4) of Section Nineteen (19); Township Seventeen North (17) Range Twenty-nine (29) West of the Fifth Principal Meridian in Washington County, Arkansas, being more particularly described as follows, to -wit: From a found iron pin being the Southeast Comer of the Northeast Quarter (NE '/4) of the Northeast Quarter (NE '/4) of said Section Nineteen (19); thence North 00'18'57" West — 205.68 feet to the POINT OF BEGINNING; thence North 89*01'36" West — 429.91 feet; thence North 01034'41" East — 272.45 feet; thence South 89030'01" East — 420.84 feet; thence South 00018'57" East — 275.98 feet to the POINT OF BEGINNING, and containing 2.68 acres, more or less, and subject to any easements and/or rights -of -way of record, if any. Page 1 of 4 Pages 2. Said property is depicted on the Plat of Survey dated December 2, 2002, prepared by Blew Land Surveying, a copy of which is attached hereto as Exhibit "A" and made a part hereof by reference. 3. Petitioners, CRAIG HARPER and KARYN HARPER, Husband and Wife, are purchasing the real property owned by YANCEY BOWEN and GINGER BOWEN, husband and wife. 4. All of the above -described property is adjacent and contiguous to the present city boundary line for the City of Fayetteville, Washington County, Arkansas. 5. A true and correct copy of the Vicinity Map of the above -described property is attached hereto as a part of Exhibit `B" and made a part hereof by reference. 6. The above -described property is suitable for annexation to the City of Fayetteville, Arkansas, and is necessary for the proper growth, prosperity and management of the above - described property and the City of Fayetteville, Arkansas. 7. Pursuant to Arkansas Code Annotated §14-40-601 et seq, this Court has jurisdiction over the subject matter herein, and Petitioners request that the above -described property be annexed to the City of Fayetteville, Arkansas. 8. Petitioners further state that the law firm of Harrington, Miller, Neihouse & Kieklak, P.A., Springdale, Arkansas, is authorized to act for and on behalf of the Petitioners in all matters connected with this Petition and subsequent hearings or annexation proceedings connected therewith. 9. Petitioners request that this Court set a date for hearing this Petition, not less than thirty (30) days after the date of the filing of this Petition, pursuant to Arkansas law. WHEREFORE, Petitioners pray 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 its Order, fix a time and place for said hearing not less than thirty (30) days from the filing of this Petition; and for all other proper relief to Page 2 of 4 Pages which Petitioners maybe entitled. CRAIG HARPER and KARYN HARPER, Husband and Wife, and YANCEY BOWEN and GINGER BOWEN, Petitioners HARRINGTON, MILLER, NEIHOUSE & KIEKLAK A Professional Association 113 East Emma Avenue Post Office Box 687 Springdale, Arkansas 72765 (479)751-6464 Attorneys for Petitioners By: (if Michele A. Harrington Arkansas Bar No. 85217 VERIFICATION STATE OF ARKANSAS ) ) ss. COUNTY OF WASHINGTON ) We, YANCEY BOWEN and GINGER BOWEN, Husband and Wife, and CRAIG HARPER and KARYN HARPER, husband and wife, Petitioners herein, hereby state under oath that we have read the above and foregoing Petition for Annexation, and that the facts and allegatio containe therein are true and correct to the bes of our k�o�✓ledge and belief. Zj YAN E B E CRAIG ER 62� GIN ER #OWEN YN H Page 3 of 4 Pages 0 SUBSCRIBED AND SWORN to before me, a Notary Public, this day of 2004. My Commission Expires: LINDA D. MAESTRI Notary Public NOTARY PUBLIC �yASHIN NSAS MY COMMISSION EXPIRES 06.16.2012 CERTIFICATE OF SERVICE I, Michele A. Harrington, attorney for petitioners herein, hereby certify that I have served a true copy of the within and foregoing on the City Clerk for the City of Fayetteville, Arkansas, by placing a copy thereof in the U. S. Mail, postage prepaid, addressed to her mailing address in Fayetteville, Arkansas, this the R� 44 day of , 2004. IM2" GL Michele A. Harrington Page 4 of 4 Pages BEj0581I8' W 420,07' I 0 v N TRACT A 2.05 ACRES +/- 34.6' o In N N OARII I o 33.7o I " N o` N 88430'18' W FIT 245.97' 0 0 N a 0 20.0 100' EWISTING S TRACT O HOUSE o � Y 0,63 ACRCS I/- o m l-- O J 1337 _ 710' x•o' _ _ o -----__I POB B 30' ACCESS EASEMENT 250.00' 180.13' XLx S 88*30418' E 430.13' KURVFYCD FUR: GINf1CR DONO POD A E�XISIING_DUO DESCRIPTION PART Ur THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTIUN 19. TUWNSHIH 17 NORTH, BANGS 29 VEST. OF THE FIFTH PRINCIPAL MERIDIAN. WASHINGTON COUNTY, ARKANSAS. REING MORE PARTICULARLY DCSCRIOCD AS FOLLOWS, TO-WIT1 BEGINNING AT A POINT THAT IS NIIRIHH V)26.91' FROM Inc SOUTHEAST CORNER or SAID NORTHEAST QUARTER OF THE NORIHEASI QOAPH R. SAID POINT BEING IN THE COUNTY READ; THENCE WITH SAID ROAD, NORTH 275.00' Ifl A POINT TIAI I\ IN LIfIf WITH A CERTAIN FENCE;THENCC LEAVING SAID COUNTY ROAD, ALONG R%W N IiAln ITH(:L. NHH'bN'IH•W 1;.0.0,* NI AN Cl IS1IN(; ]Hot) PIN; THENCE LEAVING SAID FCNCE, ALONG ANUTHFP Hf NH:f. snl:•R, I:9'W PIPDa' in An L'QSfINL IRON PIN, THENCE LEAVING SAID FENCE, ALONG ANIIIHII.R ILNI:1, :11H"HIl'IHq .I :IOIJ' III Tllf POnH OF Rf.61I4NING. CONTAINING 2.n PCP-S. MORE UR LESS. ANn STInJIcl III IHAI PIIRTINN THAT LIFS IN 111E COUNTY ROAD ON TH EA. SIDE. 0, SURVEY_ OCSCRIRTION ;PACT_A/ FNRf Or THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER GF to SECTION 19, IIIWNSHIP 17 NURI11. RANGE 29 WEST BCING MORE PARTICULARLY DESCRIBED AS FOLLOWS. N To Wilt RLI.NHH:IMG AT A PUINI WIHCH IS 226.94' NORTH OF THE THIS SOUTHEAST CORNER OF SAID i FORTY ACRE TRACT AND RUNNING THENCE NORTH 276.00'. THENCE N88.58'18'W 420.07', THENCE r S02.0�69'V 16ftGIP. IIIINI:t SDU•:DI'IB'L 245.91', THCNCC SOUTH H0.03. THENCE SBO.30'I8'E 160.13' TO HOC POINT nF W'GINNING CUNTAININH 1.78 ACRES MORE OR LCSS. SUBJECT TO THAT PORTION IN ZICE11IHiY RIIA❑ Rl tA.% VWAY ON Tllf FAST SIDE OF HEREIN DESCRIBED TRACT AND SNIT Init TO A 30' VINO I AI 1 CHR SS All1l11 NII SIH111I iN11- ITT nPLI RN(O RIIII'N AS HF.6INUINU IU UHF. SITU Nn_nSl CIIRNJI ti' Ill nl I`llu ID.S1'M'I HI U 1RnCl ANTI RUOW ING n1LNf,C nUB'30'IB'W IBU.13'. � • SUV.VLY_Il[SCR.I(`I TUN _IRAI;_L .11 PART Ili' 111L nII IR TI1EASi OUAHIF,R or iT1E NORTHEAST QUARTER GP SC COHN R SI.FIINII I'I. HIWO'NHIP 11 MIRTH. PANCIC 21) WEST HCHIG MORE PARTICULARLY DESCRIBED AS FOLLOWS. TU-WI11 Ill_GINNINL Al A PUnll V111C11 IS 2J.26,9,1' MURTII ANU N80':10'1R'V 180,12 FRON THE NE I/4, NL I/4 SOUTHEAST CHRNI:P OF SAID FORT ACRE TRACT AND RUNNING THENCE NORTH 110.03', THCNCC SEC. 19 NBO130'181W 245.')T. THCNCC SO2'07)59'v H000'. THENCE S08.30'I8'E 250.00' TO THE POINT OF T-17-H, R-29-W BEGINNING CONTAINING LOS ACRES MORE OR LESS, AND HAVING INGRESS AND EGRESS RIGHTS Tp A ;10' VIM: ROAD Al fl'SS F SLHCNT 111E SIIHHI I.InC OF WHICH DESCRIBED AS BEGINNING AT THE SHINIIILASI CIIRNFR HI Ili.wu I IIESIRIDfD (PACT AND RUNNING THENCE SOB630'T9'E 18DA3' TO A PDNII IN II11 CHIIN$N ITIAII CCR111_IFAnui. I HIPCU1 CFI11I1": HITS In Ill: HRUL AND CIIRRLCI In NHL ULST CIF MY KNOWLEDGE AND Ifft(Alf ON THIS HiE 2NU DAY OF DCCLMDER, 2DD.1, I_It- CLTl'U' N I lx.,r aron n'H vy wilt e11I b.. rounJ In un. fL'u.lry. O SEWON Plrl SL T D p9 pi rAHP 1D vinvill o $r•Ir.r • tlnual IPIm r•In ' ' o SIn HI. rLrnml.ttl u • THROW Slllrn' 0' 50' 100, 150, DLEW LAND SUPVLTYINC DRAWN D.t TF.' 52.1 If. SYCAMORE 4 OLT /Z/02/o2 DATE FAYE'TTEl71,LE. AR 72703 APPRO5.-D 479-4.13-4506 _ SCALE SKEET I PROJE'cr N0. 1" = 50' IO2-:12G Exhibit "A" \\Serve+\d\Land Projects 2004\04050 Hary Mdewn-Team' ' Ngk dw , 7/912004 9:05:39 AM Exhibit "B" Exhibit "B" 1l 0 D w D m - f3l 'n> = oa —I 3z m 3 z Z Z / —n _ o\ da \ 1 NI3441-E a r O z 272.45 r m N O T 3 z Z Z o= ---I0 a � � 0 z Ll A6 SLZ 3 MgO S TI D £ D n m m n (� 3N m �m Z Z ED a r ' 0 H: H r z 'nfTl : "n o' tt 6 3 3 Section 19 m ANDERSON RD Section 20 z on �� 3 z Z Z O� a � � Cl z Section 10 N Section 17 n n A O O ] J O V A \ 0 = ^' C " J ✓� Z Z a 0 z N II (7 o m z D n \Cl T V N f no M n 0= w a C= n a 0_ �Aoc n� oa C 0z Z Z U1 oN C �Z �O— 3z ZZ N�--- 1GI l 3E ZZ Q 00" yp � C z (De M a O 0 0 B m=a;U�7 Z AFi{ D Z Z Ci DOmv >�z 0 Ei D o n z m c V1OS 1 P f < S BUTTERFIELD COACH RD +t � nm ...... ..... ............... ._..... . _ ......................... ...... N � Z o a < C7 D z D o nC O 3: mn£ O z D a _ O 0 a Z 3 to Z Z 0 a 0 b ...m --4 0 Z Z Va O n y O D 7'7 C- V) p. a C: IN THE COUNTY COURT OF WASHINGTON COUNTY, /W"SA� Mn M m -W�371 o �rrnn-V o CD = m DO IN THE MATTER OF: o ANNEXATION OF CERTAIN LANDS TO THE CITY OF FAYETTEVILLE, ARKANSAS Case No. CC 2004-37 ORDER SETTING HEARING On this - �ffay oK;42, 2004, is presented to this Court a Petition for Annexation filed in the County Court of Washington County, Arkansas on 2004, by the Petitioners, Craig Harper and Karyn Harper, husband and wife, under contract to purchase the real estate from the Petitioners, Yancey Bowen and Ginger Bowen, husband and wife, the real estate owners desiring the annexation of territory to the City of Fayetteville, Arkansas, more particularly described therein. 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 office of the County Judge of thCounty Court of' Washington County, Arkansas, on the /4l? day of 2004, at /O, GL-o'clock A .m.; the Clerk of this Court is hereby directed to issue a notice of said hearing as set forth herein; and Harrington, Miller, Neihouse & Kieklak, P.A., the agent named by said petitioners, shall give notice of such hearing as provided by law, with said notice to be published in the manner and for the full I ength of time as required by law. RR "HL tON, County Judge W� - a 5 LEGAL DESCRIPTION: PARCEL A A part of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section Nineteen (19); Township Seventeen North (17) Range Twenty-nine (29) West of the Fifth Principal Meridian in Washington County, Arkansas, being more particularly described as follows, to wit: From a found iron pin being the Southeast Corner of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of said Section Nineteen (19); thence North 00018'57" West - 205.68 feet to the POINT OF BEGINNING; thence North 89001'36" West - 429.91 feet; thence North 01 °34'41" East - 272.45 feet; thence South 89030'01" East - 420.84 feet; thence South 00°18'57" East - 275.98 feet to the POINT OF BEGINNING, and containing 2.68 acres, more or less, and subject to any easements and/or rights -of - way, of record, if any. 9 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF: ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS, CERTAIN LANDS CONTIGUOUS TO SAID CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS CRAIG HARPER and KARYN HARPER, Husband and Wife and YANCEY BOWEN and GINGER BOWEN, Husband and Wife o Pro fl G C se` Ia CC 2004R7 rQ r— —� N S _C3 NjrITIONERS AMENDMENT TO THE PETITION FOR ANNEXATION Come now, CRAIG HARPER and KARYN HARPER, husband and wife, and YANCEY BOWEN and GINGER BOWEN, husband and wife, Petitioners, and for their Amendment to the Petition for Annexation state as follows: 1. Petitioners, YANCEY BOWEN and GINGER BOWEN, husband and wife, and CRAIG HARPER and KARYN HARPER, husband and wife, filed a Petition for Annexation in the above styled matter on July 8 h, 2004. 2. The Court has fixed the 16`s day of August, 2004 at 10:00 a.m. in the office of the County Judge for the County Court of Washington County, Arkansas, as the date for a hearing on said Petition. 3. It has come to the attention of the Petitioners that the Plat of Survey of the property dated December 2, 2002 and attached to the Petition for Annexation as Exhibit "A" is inaccurate. 4. Said property is accurately depicted on a new Plat of Survey dated July, 2004, prepared by Engineering Services Incorporated, a copy of which is attached as Exhibit "A" and made a part hereof by reference. 2. Petitioners request that this Court accept this amendment to the Petition for Annexation. WHEREFORE, Petitioners pray that the property to 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 for all other proper relief to which Petitioners may be entitled. CRAIG HARPER and KARYN HARPER, Husband and Wife, and YANCEY BOWEN and GINGER BOWEN, Petitioners HARRINGTON, MILLER, NEIHOUSE & KIEKLAK A Professional Association 113 East Emma Avenue Post Office Box 687 Springdale, Arkansas 72765 (479)751-6464 Attorneys for Petitioners By: Michele A. Harrington Arkansas Bar No. 85217 CERTIFICATE OF SERVICE I, Michele A. Harrington, attorney for petitioners herein, hereby certify that I have served a true copy of the within and foregoing on the City Clerk for the City of Fayetteville, Arkansas, by placing a copy thereof in the U. S. Mail, postage prepaid, addressed to her mailing address in Fayetteville, Arkansas, this the day of ,2004. Michele A. Harrington RAM §) ho ) ,w aft Mot ;&!( \ mƒ ) z\/ 2 { ! . � �e /§�( \� �� )|� i " • . §�!!! n 2 g ) j m n ƒ ° 0 ^ -- !`! � � °'� , ,0a0) ) n`� _ PyY/ 7/T `cR ;e —' 13OUNDARYENGINEERING for Y E AND GINGER -n• __c,m_,__ KWtCES - , , �% FILED IN THE COUNTY COURT OF WASHINGTON COUrWYOM f�1NSknS 10 12 K:Cr0•-_=,`J COMBS P;;ITCIfAR; PROBATE IN THE MATTER OF: W;", j;;;,, , r; n 0 ERK ANNEXATION OF CERTAIN LANDS TO THE K. CITY OF FAYETTEVILLE, ARKANSAS Case No. CC 2004-27 DECREE OF ANNEXATION Now on this tolay of 6t 2004, this cause comes on to be heard, the Petitioners, Petitioners, Craig Harpe and Karyn Harper, husband and wife, and Yancey Bowen and Ginger Bowen, husband and wife, through their attorney, Michele A. Harrington of Harrington, Miller, Neihouse & Kieklak, P.A., of Springdale, 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 any oral and documentary evidence adduced, the Court being well and sufficiently advised of the facts and the law, doth hereby find, judge and decree as follows: 1. The Petition in this cause was filed on July 9, 2004, at which time this Court fixed Monday, August 16, 2004, at 10:00 a.m., as the date and time of hearing for said cause, and that a full thirty (30) days has passed since the filing of the Petition, and this Court has jurisdiction of the persons and subject matter of this cause of action, and venue is proper herein. 2. The Petition filed herein named Harrington, Miller, Neihouse & Kieklak, P.A. to act on behalf of Petitioners in filing and presenting the Petition to the Court and handling all matters connected with the Petition, as well the required notices, and this and any other hearings or annexation proceedings connected therewith. 3. Harrington, Miller, Neihouse & Kieklak, P.A. has given Notice of hearing on the Petition as required by law, and the proof of publication of said notice is now on file with the Clerk of this Court. 4. The Court is satisfied that the allegations of the Petition filed herein are sustained by the proof, and that a majority of the total number of real estate owners in the area affected by Wa- A? Page 1 of 3 Pages E this Petition have signed said Petition, and that such majority owns more than one-half (1/2) of the acreage affected. 5. The land and territory sought to be annexed to the City of Fayetteville, Washington County, Arkansas, in this cause is described as follows: A part of the Northeast Quarter (NE 'I) of the Northeast Quarter (NE 14 of Section Nineteen (19); Township Seventeen North (17) Range Twenty-nine (29) West of the Fifth Principal Meridian in Washington County, Arkansas, being more particularly described as follows, to -wit: From a found iron pin being the Southeast Comer of the Northeast Quarter (NE 1� of the Northeast Quarter (NE 14 of said Section Nineteen (19); thence North 00°18'57" West - 205.68 feet to the POINT OF BEGINNING; thence North 89'01'36" West - 429.91 feet; thence North 01034'41" East - 272.45 feet; thence South 89°30'O1" East - 420.84 feet; thence South 00°18'57" East - 275.98 feet to the POINT OF BEGINNING, and containing 2.68 acres, more or less, and subject to any easements and/or rights -of -way of record, if any. and, the same is accurately described in the Petition filed herein. 6. Attached to and made a part of said Petition is an accurate Vicinity Map of the above -described property that is sought to be annexed to the City of Fayetteville, Arkansas. 7. The above -described property owned by the Petitioners, Yancey Bowen and Ginger Bowen, husband and wife, and being purchased by Petitioners, Craig Harper and Karyn Harper, Husband and Wife, is adjacent and contiguous to the present city boundary line for the City of Fayetteville, Washington County, Arkansas. 8. The above -described property is contiguous and adjacent to and adjoins the present boundaries of the City of Fayetteville, and this territory should be annexed to and made a part of the City of Fayetteville, Arkansas. 9. The prayer of the Petition filed herein is right and proper and should be granted. 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 W 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. §14-40-601, et seq. IT IS FURTHER CONSIDERED, ORDERED AND ADJUDGED that the original papers in this cause be delivered to the Clerk of Washington County, Arkansas, with the same to be properly recorded upon the records of Washington County, Arkansas, and the Clerk, after properly recording and filing the original papers, is directed to prepare certified transcripts of the same; that one of the certified transcripts shall be delivered to the City of Fayetteville, Arkansas, one copy to the Secretary of State, and one copy to the Director of the Tax Division of the Arkansas Public Service Commission. JY TON, County Judge UVo��, r Jb Page 3 of 3 Pages x o � C a -L v m o IN THE COUNTY COURT OF WASHINGTON COUNTY, ARK-Alg ., 'o� `' r rn .Dyu, v ` m v 3 c> � a c> = N IN THE MATTER OF: ?� ;c ' ^' ANNEXATION OF CERTAIN LANDS TO THE o CITY OF FAYETTEVILLE, ARKANSAS Case No. CC 2004-27 PETITION FOR CONFIRMATION OF ANNEXATION Come now, Craig Harper and Karyn Harper, husband and wife, and Yancey Bowen and Ginger Bowen, husband and wife, Petitioners, and for their Petition for Confirmation of Annexation state as follows: There was entered in this cause a Decree of Annexation which annexed real estate described therein to the City of Fayetteville, Arkansas. 2. Said Decree was duly filed in the County Records of Washington County, Arkansas on August 16, 2004. 3. No objections have been given to the authorities of the City of Fayetteville, nor to the agents of the Petitioners, nor have any exceptions to the said Decree been filed with the County Clerk nor with the Circuit Clerk of Washington County, Arkansas. 4. No exceptions to the said action have been filed by any interested person or by the City of Fayetteville, Arkansas, and the Petitioners now ask that the annexation be confirmed. WHEREFORE, the Petitioners pray that the annexation be confirmed, and that this Court find that the Petition and all proceedings thereunder are in compliance with the statutes and that the action of the County Court, in its Decree of Annexation entered August 16, 2004, be in all things on approved and confirmed. CRAIG HARPER and KARYN HARPER, Husband and Wife, and YANCEY BOWEN and GINGER BOWEN, Petitioners HARRINGTON, MILLER, NEIHOUSE & KIEKLAK A Professional Association 113 East Emma Avenue Post Office Box 687 Springdale, Arkansas 72765 (479) 751-6464 Attorneys for Petitioners By: 4. A cl AL Mi ele A. Harrington Arkansas Bar No. 85217 CERTIFICATE OF SERVICE I, Michele A. Harrington, attorney for Petitioners herein, hereby certify that I have served a true copy of the within and foregoing on the City Clerk for the City of Fayetteville, Arkansas, by placing a copy thereof in the U. S. Mails, postage prepaid, addressed to her mailing address in Springdale, Arkansas, this the t1 @*. day of 0i�_,_2004. IEm IN THE COUNTY COURT OF WASB INGTON CJ)KP ff , ARKANSAS 004 BCT 20 PM 12 09 IN THE MATTER OF: KAREN COtiIBS PRITCHARD ANNEXATION OF CERTAIN LANDS TO THE',, CO, & PROBATE CLERK CITY OF FAYETTEVILLE, ARKANSAS W A S H I N C T O N C lF IZ`lo. CC 2004-27 ORDER CONFIRMING ANNEXATION NOW on this 9? day of &eZe. 2004, the Petition for Confirmation of Annexation having been filed herein by the Petitioners, Craig Harper and Karyn Harper, husband and wife, and Yancey Bowen and Ginger Bowen, husband and wife, through their attorney, Michele A. Harrington of Harrington, Miller, Neihouse & Kieklak, P.A., of Springdale, Arkansas, and there being no protests or objections filed herein, this matter is submitted to the Court upon the Petition filed herein, and the Court being well and sufficiently advised finds: 1. There was entered in this cause a Decree of Annexation, which annexed the following described real estate to the City of Fayetteville, Arkansas: A part of the Northeast Quarter (NE 14 of the Northeast Quarter (NE 14 of Section Nineteen (19); Township Seventeen North (17) Range Twenty-nine (29) West of the Fifth Principal Meridian in Washington County, Arkansas, being more particularly described as follows, to -wit: From a found iron pin being the Southeast Corner of the Northeast Quarter (NE 14 of the Northeast Quarter (NE 14 of said Section Nineteen (19); thence North 00°18'57" West - 205.68 feet to the POINT OF BEGINNING; thence North 89°01'36" West - 429.91 feet; thence North 01°34'41" East - 272.45 feet; thence South 89°30'01" East - 420.84 feet; thence South 00°18'57" East - 275.98 feet to the POINT OF BEGINNING, and containing 2.68 acres, more or less, and subject to any easements and/or rights -of -way of record, if any. 2. Said Decree was duly filed in the County Records of Washington County, Arkansas, on August 16, 2004. Page 1 of 2 Pages — / 3. No notice of objections have been given to the authorities of the City of Fayetteville, nor to the agents of the Petitioners, nor have any exceptions to the said Decree been filed with the County Clerk or the Circuit Clerk of Washington County, Arkansas. 4. No exceptions to the said action have been filed by any interested person or by the City of Fayetteville, Arkansas and the Petitioners now ask that the annexation be confirmed, and that this Court find that the petition and all proceedings thereunder are in compliance with the statutes and that the action of the County Court, in its Decree of Annexation entered August 16, 2004, be in all things approved and confirmed. IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED, that: 1) the Decree of the Court entered on the 16h day of August, 2004, is hereby approved and confirmed in all respects; 2) the original papers in this cause should be delivered to the Clerk of Washington County, Arkansas, with the same to be properly recorded upon the records of said County; 3) the Clerk is directed to prepare and certify one copy of the Plat of the annexed territory, one copy of the Order of the Court, and the Ordinance of the City Council, and shall forward a copy of each document to the Secretary of State, who shall file and preserve them; 4) the Clerk shall also forward one copy of the Plat of annexed territory and one copy of the Order of the Court to the Director of the Tax Division "of the Arkansas Public Service Division, who shall file and preserve them and shall notify all utility companies having property in the municipality of the annexation; and 5) the Clerk shall forward a certified copy of the Order of the Court to City Council. IT IS SO ORDERED this , day of C�2004. I�A� JEO LJ HU$TON, County Judge Page 2 of 2 Pages �� — 3 / 3. No notice of objections have been given to the authorities of the City of Fayetteville, nor to the agents of the Petitioners, nor have any exceptions to the said Decree been filed with the County Clerk or the Circuit Clerk of Washington County, Arkansas. 4. No exceptions to the said action have been filed by any interested person or by the City of Fayetteville, Arkansas and the Petitioners now ask that the annexation be confirmed, and that this Court find that the petition and all proceedings thereunder are in compliance with the statutes and that the action of the County Court, in its Decree of Annexation entered August 16, 2004, be in all things approved and confirmed. IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED, that: 1) the Decree of the Court entered on the 16' day of August, 2004, is hereby approved and confirmed in all respects; 2) the original papers in this cause should be delivered to the Clerk of Washington County, Arkansas, with the same to be properly recorded upon the records of said County; 3) the Clerk is directed to prepare and certify one copy of the Plat of the annexed territory, one copy of the Order of the Court, and the Ordinance of the City Council, and shall forward a copy of each document to the Secretary of State, who shall file and preserve them; 4) the Clerk shall also forward one copy of the Plat of annexed territory and one copy of the Order of the Court to the Director of the Tax Division "of the Arkansas Public Service Division, who shall file and preserve them and shall notify all utility companies having property in the municipality of the annexation; and 5) the Clerk shall forward a certified copy of the Order of the Court to City Council. IT IS SO ORDERED this C day of ( y,2004. JE HU$TON, County Judge Page 2 of 2 Pages e� —3( / 0 RECEIVED DEC 07 2064 CIV CLERICS FFICE