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HomeMy WebLinkAboutOrdinance 4641ORDINANCE NO.4 6 41 AN ORDINANCE ANNEXING PART OF THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 04-1252 ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS, CERTAIN PROPERTY OWNED BY JOHN AND LESLIE NOONCASTER AND FRANK AND ANN KELLY LOCATED SOUTH OF ALBRIGHT ROAD CONTAINING APPROXIMATELY 9.81 ACRES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council hereby confirms the annexation to the City of Fayetteville, Arkansas, of that property described in Exhibit "A" attached hereto and made a part hereof. Section 2: The official map of the City of Fayetteville, Arkansas, is hereby amended to reflect the change provided in Section 1 above. Section 3: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to assign the zoning designation of R-A, Residential Agricultural to the subject property. Section 4: That the above -described property is hereby assigned to Ward No. Three. PASSED and APPROVED this 16`h day of November, 2004. BY: F ATTEST: By:abiAit:� nA�C SONDRA SMITH, City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 007927750002 Tvoe: REL Recorded: 12/03/2004 at 11:26:42 AM Fee Amt: $11.00 Paoe 1 of 2 ' Washlnaton Countv. AR Bette Stamoe Circuit Clerk Flle2004-00049500 EXHIBIT "A" ANX 04-1252 A PART OF THE SOUTHWEST QUARTER (SW ''/a) OF THE SOUTHEAST QUARTER (SE /4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY NINE (29) WEST, BEING MORE PARTIUCLARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE S02024104"W ALONG THE WEST LINE OF SAID 40 ACRE TRACT 330.00 FEET TO A POINT ON THE SOUTH CITY LIMITS OF SPRINGDALE, ARKANSAS. THENCE S87024'15"E 364.40 FEET ALONG SAID CITY LIMITS LINE, SAID LINE BEING 330.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID 40 ACRE TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CITY LIMITS LINE S87024' 15"E 947.85 FEET TO A POINT IN AN EXISTING FENCE LINE; THENCE S0203Y59"W 328.27 FEET TO A FENCE CORNER POST; THENCE N87013724"W ALONG SAID FENCE 259.66 FEET TO A FENCE CORNER POST; THENCE N8700Y 11 "W ALONG SAID FENCE 407.55 FEET TO A FENCE CORNER POST; THENCE N87021158"W ALONG SAID FENCE 279.71 FEET; THENCE LEAVING SAID FENCE N02024'04"E 324.77 FEET TO THE POINT OF BEGINNING, CONTAINING 7.10 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. A PART OF THE NORTH HALF (N'/2) OF THE SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARTER (SE'/4) OF SECTION EIGHTEEN (18). TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY NINE (29) WEST, BEING MORE PARTIUCLARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID 20 ACRE TRACT; THENCE S02°24'04"W ALONG THE WEST LINE OF SAID 20 ACRE TRACT 330.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTH CITY LIMITS OF SPRIGDALE, ARKANSAS; THENCE S87°24'15"E 364.40 FEET ALONG SAID CITY LIMITS LINE, SAID LINE BEING 330.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID 20 ACRE TRACT; THENCE LEAVING SAID CITY LIMITS LINE S02024'04"W 324.77 FEET TO A POINT IN AN EXISITNG FENCE LINE; THENCE N87°31'28"W ALONG SAID FENCE LINE 10.27 FEET TO AN EXISTING IRON; THENCE N87°09'31"W ALONG SAID FENCE LINE 354.14 FEET TO AN EXISTING IRON ON THE WEST LINE OF SAID FORTY ACRE TRACT; THENCE LEAVING SAID FENCE LINE N02024'04"E 323.28 FEET TO THE POINT OF BEGINNING, CONTAINING 2.71 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. 9 Q Washington County, AR 1ceftifY this 2004 instrument s filed on 12163111'.28'42 AM and recorded in Real Estate Fil tuber 2004-00049500 nirruit Clerk by FROM (WED)HC 22 2004 15:16/ST.1S:16/No,6816796314 P 2 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS - R:NH t#'a ANNEXATION OF CERTAIN LANDS TO THE r, q CITY OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2004-24 ni S as z PETITION FOR CONFIRMATION OF ANNEXATION . y 0 a O co CJ N COMES now Petitioners, John and Leslie Nooncaster and Frank and Ann 141 ti b orb represented by Attorney Raymond C. Smith, and for their Petition for ConfimV* 4 v Annexation, state as follows: 1. That an Order of Annexation was filed August 2, 2004, in the above styled and numbered case by which certain real estate owned by the Petitioners and situated in Washington County, Arkansas, was annexed to and made a part of Fayetteville, Washington County, Arkansas: Said real estate is further described at Exhibit "A" attached hereto. 2. No objections have been filed -by any interested person with the authorities of the City of Fayetteville, or to the Petitioner, and np exceptions to the Order of Annexation been filed with the County Clerk of Washington County, Arkansas. 3. The City of Fayetteville, Arkansas has by ordinance confirmed the annexation of the real property described at Exhibit "A" to the City of Fayetteville pursuant to , Ordinance No.4641, "An- Ordinance Annexing Part of That Property Described in Annexation Petition ANX 04-1252 Annexing to The City of Fayetteville, Arkansas, Certain Property -Owned by John and Leslie Nooncester and Frank and Attu Kelly, Located South of Albright Road Containing Approximately 9.91 acres.$% approved and passed by the City Council on the I & day of November, 2004, and .recorded on December 3, 2004, at 2004=00049500 in the real estate records of the Circuit NOONCASTER-ale KELLY, PE:rnOr+" CONiMM IWN OF-ANNExAMN PA r M a FROM • (WED)DEC 22 2004 13:1UST. 13:16/No.5816796314 P 3 • Clerk of Washington County, Arkansas, a copy of said file for record ordinance attached hereto as Exhibit "B;" WHEREFORE, Petitioners pray that the aforesaid Annexation to the City of Fayetteville, Arkansas, be confirmed, and that this Court find the proceedings are in compliance with and conform to the laws of the State of Arkansas, and that the Order of Annexation filed August 2, 2004, be and is in all things approved and confirmed. JOHN and LESLIE NOONCASTER And FRANK and ANN KELLY P ' 'oncrs d G. Stt:i ttomey at Law 480135 70 N. College Ave., Suitt 11 Fayetteville, AR 72701 . (479) 52140-11 Attorney for Petitioner NOONCASTER wd KELLY, PETITION FOR CONFIRMATION OF ANNEXA71ON P.2 FROM (WED)DEC 22 2004 13:i7/ST.13:16/No.6816796314 P 4 EXHIBIT "A" LEGAL DESCRIPTION A PART OF THE SOUTHWEST QUARTER (SW3/4) OF THE SOUTHEAST QUARTER.(SEI/4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY=NINE (29) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE. NORTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE S02°24'049'W ALONG THE —WEST LINE OF SAID' 40 ACRE TRACT 330.00 FEET TO A POINT ON THE SOUTH CITY LIMITS OF SPRINGDALE, ARKANSAS. THENCE S87024' IS"E 364.40 FEET ALONG SAID CITY LIMITS LINE, SAID LINE BEING 330.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID 40 ACRE TRACT TO THE TRUE POINT OF BEGINNING; ' THENCE CONTINUING ALONG SAID CITY LIMITS LINE S87°24' 15"E 947.85 FEET TO A POINT IN AN EXISTING FENCE LINE; THENCE S02033159"W 328.27 FEET TO A FENCE CORNER POST; THENCE N87°13'24"W ALONG SAID FENCE 259.66 FEET TO A FENCE CORNER POST; THENCE N87°03'11"W ALONG SAID FENCE 407.55 FEET TO A FENCE CORNER POST; THENCE N87°21'58"W- ALONG SAID FENCE 279.71 FEET; THENCE LEAVING SAID FENCE N02024104"E 324.77 FEET TO THE POINT OF BEGINNING, CONTAINING T I O ACRES; MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. A PART OF THE NORTH HALF (NI/2)OF THE SOUTHWEST QUARTER , (SW I/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY-NINE (29) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID 20 ACRE ' TRACT; THENCE S02°24'04"W ALONG THE WEST LINE OF SAID 20 ACRE TRACT 330.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTH CITY LIMITS OF - SPRINGDALE, . ARKANSAS; THENCE S87°24' 15"E 364.40 FEET ALONG SAID CITY LIMITS LINE, SAID LINE BEING 330.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID 20 ACRE; TRACT; THENCE LEAVING SAID CITY LIMITS- LINE S02024104"W 324.77 FEET TO A POINT IN AN EXISTING FENCE LINE; THENCE N87°31'28"W ALONG SAID FENCE LINE 10.27 FEET TO AN EXISTING IRON; THENCE N87°0913119W ALONG SAID FENCE LINE 354.14 FEET TO AN EXISTING IRON ON THE WEST LINE OF SAID FORTY ACRE TRACT; THENCE LEAVINE SAID FENCE LINE- NO2'24'04" E 323.28 FEET TO THE POINT OF BEGINNING.. CONTAINING 2,71 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. NOONCASTER wd KELLY, PETMON FOR CONFUtWTION OF ANNEXATION PJ -� FROM (WED)DEC 22 2004 13:I7%ST.13:10Ao.6816796314 P 5 7 iN THE COiJNTY COI1RT OF WA..IZUIMGTnN rnLWTV. Anv--.w.x94 c � o � o N THE MATTER OF ANNEXATION OF CERTAIN LANDS TO THE T CITY OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2 m ORDER CONFIRMING ANNEXATION o zs — •� � M NOW on this 4Aay of December, 2004, comes on for hearing and ce 40=Mtrowhe .._ 0 Petition for Confirmation of Annexation filed by the Petitioners, John and Leslie Nooncaster and Frank and Ann Kelly; represented by their attorney; Raymond C. Smith; and there being no objections or protests filed herein, and from the oral and documentary evidence adduced, the Court, being well and suffreiently advised finds:. 1. That an Order of Annexation was filed August 2, 2004, in the above styled and numbered case by which certain teal estate owned by the Petitioners and situated in Washington County, Arkansas, was annexed to and made a part of Fayetteville, Washington County; Arkansas; Said real esmte 4 f irther described at Exhibir"A's r7TiMT1 r61 T�i�C* 2. No objections have been filed by any interested person with the authorities of the City of Fayetteville, or to the Petitioner, and no exceptions to the Order of Annexation been filed with the County Clerk of Washington County, Arkansas. 3. The City of Fayetteville, Arkansas has by ordinance confirmed the annexation of the real property described at Exhibit "A" to the City of Fayetteville pursuant to Ordinance No.4641, "An Ordinance Annexing Part of That Property Described in Annexation Petition ANX 04-1252 Annexing to the City of Fayetteville, Arkansas, Certain Property Owned by John and Leslie Nooncaster and Frank and Ann Kelly Located South of Albright Road Containing Approximately 9.81 Acres", approved and NOONCASTER AND KELLY. ORDER FOR CONFIRMATION OF ANNExnTxx4 P. I FROM (16 D)DEC 22 2004 13:17/ST.13:16/No.00100796314 P 6 pawed by the City Council on thr -16'" day of Novcmticr, 2004, imd iccordcd-o-n December 3, 2004, at 2004=00049500 in the real estate records of the Circuit Clerk of Washington County, Arkansas, and filed for record on December 3, 2004, at 11:53 a.m:, in the records of the County Clerk for Washington County, Arkansas, a copy of said file for record ordinance attached hereto as Exhibit"B." . IT IS THEREFORE, THE JUDGMENT AND ORDER OF THIS COURT that the Order of Annexation entered on the 2"4 day of August; 2004, that annexed the herein described -territory to the City of Fayetteville, Arkansas; is hereby approved and confirmed in all aspects. YH O County Judge NOONCASTER AND KELLY. ORDER FOR CONFTRtdATION OF ANNEXATION-P.2 FROM (WED)DFC 22 2004 13:17/SL 13:16/No.6816796314 P 7 is EYJnBff "A* LEGAL DESCRIPTION PART OF THE SOUTHWEST QUARTER (SWI/4) OF THE SOUTHEAST QUARTER (SEI/4) OF SECTION EIGHTEEN (18); TOWNSHIP SEVENTEEN (17) NORTH, RANGE. TWENTY-NINE (29) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNF.:R OF SAID 40 ACRE TRACT; THENCE S02024104"W ALONG THE WEST LINE OF SAID 40 ACRE TRACT 330.00 FEET TO A POINT ON THE SOUTH CITY LIMITS OF SPRINGDALE, ARKANSAS. THENCE S87024' 15"E 364.40 FEET ALONG SAID CITY LIMITS LINE, SAID LINE BEING 330,00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID 40 ACRE TRACT TO THE TRUE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID CITY LIMITS LINE S87024115"E 947.85 FEET TO A POINT IN AN EXISTING FENCE LINE; THENCE S02`33'59"W 328.27 FEET TO A FENCE CORNER POST, THENCE N87013'24"W ALONG SAID FENCE 259.66 FEET TO A FENCE CORNER POST; THENCE N87°03' 11"W ALONG SAID FENCE 40T55 FEE; F TO A. - FENCE CORNER POST; THENCE N87°21'58"W ALONG SAID FENCE 279.71 FEET; THENCE LEAVING SAID FENCE- NO2°24'04"E 324:77 FEET TO THE POINT OF BEGINNING, CONTAINING 7.10 ACRES, MORE OR LESS, WASHINGTONCOUNTY, ARKANSAS A PART OF THE NORTH HALF (NI/2) OF THE SOUTHWEST QUARTER (SWI14) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY-NINE (29) WEST, BEING MORE- PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID 20 ACRE TRACT; THENCE S02°24'04"W ALONG THE WEST LINE OF SAID 20 ACRE TRACT 330.00 FEET TO THE TRUE POINT OF BEGINNING, SATD . POINT BEING ON THE SOUTH CITY LIMITS OF SPRINGDALE, ARKANSAS, THENCE S87124' 15"E 364.40 FEET ALONG SAID CITY LIMITS LINE, SAID LINE BEING 330.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID 20 ACRE TRACT; THENCE LEAVING - SAID CITY LIMITS LINE S0202410459W 324.77 FEET TO A POINT IN AN EXISTING FENCE LINE; THENCE N87"31'289'W ALONG SAID FENCE - LINE 10.27. FEET TO AN EXISTING IRON; THENCE N8700913I"W ALONG SAID FENCE LINE 354,14 FEET TO AN EXISTING IRON ON THE WEST LINE OF SAID FORTY ACRE TRACT; THENCE LEAVING SAID FENCE LINE NO2°24'04" E 323:28 FEET TO THE POINT OF BEGINNING; CONTAINING 2.71 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. NOONCASTER AND KELLY, ORDER FOR CONFIRMATION OF ANNEXATION P.l ERON • v 10:48/$T. 10:47/No• 6S1ii786313 P • State of Arkansas f I L E O Secretary of State (TOE)OEC 21 2004 /oov DEC, 21 RM n c0 4"xAN9'S `:ARE;; COMBS PRITCHAW.: GherUe Daniels_ W. k PROBATE CL€Rr Secretary of State WASHINGTONi CO. ARK. December 16, 2004 The Honorable Karen Combs Pritchard Washington County Clerk 280 North College Ave., Ste. 300 Fayetteville, AR 72701 Dear Ms. Pritchard: CIalne$$ K COn1nl UClnl be"Ices .Utl4Jlv.j clec00ns 6M2-5070 Ouvfda n & Grounds CO23407 Communlcdllom C edVadion 6630057 sane capnru rnike 682-5173 6wioeas orrice . 60218032 In/ornuddn Te.chnoloff 6823411 The following Information has been recorded and filed in the Office of the Secretary of State: Date: 12/ 15/2004 Annexation: Incorporation: Census Information 1st Class City 2nd Class City incorporated Town County: Washington City: Fayetteville Ordinance No. - 4641 Co. Order No. Z004-24 Plat X Election island Ordinance No. Co. Order No. Plat Election I have forwarded this information to the Arkansas Municipal League. If you have any further questions please do not hesitate to contact me at 1-800-482-1 127 or 682-3452. SincDeArely, / - Tena Arnold Election Services Representative Room 266 State C 4*0 a Little ReCk. Atkaasa 72201.1094. 501-682.1010 • Fax 501.682.3510 e-mail: nraoa®sasmait.atate.ar.ua • WWW."*.arkansae.gov 2 NAME OF FILE: Ordinance No. 4641 wlEx. A CROSS REFERENCE: Item # Date Document 1 10/26/04 memo to mayor & City Council 2 draft ordinance 3 memo to Planning Commission 4 letter from Police Dept. to Dawn Warrick 5 copy of Planning Commission minutes 6 copy of Close Up View 7 copy of One Mile View 8 Staff Review Form 9 memo to Dawn Warrick 10 Affidavit of Publication 11 copy of Sec. of State letter 12 fax from Wash. Co. Dep. Clerk copy of Petition for Confirmation of Annexation, CC2004-24 13 14 copy of Order Confirming Annexation, CC2004-24 15 16 17 18 19 20 21 22 23 24 25 NOTES: 12/3/04 Ifiled at Wash. Co. Circuit Clerk office Ogo City Council Meeting of November 16, 2004 ! �� Agenda Item Numbers CITY COUNCIL AGENDA MEMO klo 11 To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administratoru' Date: October 26, 2004 Subject: Annexation for Nooncaster/Kelly (ANX 04-1252 A) — 9.81 acres RECOMMENDATION Planning Staff recommends approval of the requested annexation for Nooncaster/Kelly. This action will incorporate a 9.81-acre tract of land contiguous with the city limits into the City of Fayetteville. BACKGROUND The subject property is part of a larger request containing five tracts of property equaling 14.53 acres. The vacant property is located south of Albright Road and west of George Anderson Road. Property to the south has recently been approved for the development of Pembridge Subdivision and is owned by the Nooncasters. The southern three tracts of property total 9.81 acres and are located within the City of Fayetteville Planning Area. The northern two tracts of 0.46 and 4.2 acres are located within Springdale city limits. This 4.66 acres is the subject of a companion request which needs to be handled with a separate ordinance due to the detachment / annexation process required. The applicants requested annexation of 9.81 acres into the City of Fayetteville. A rezoning request has been submitted for the property owned by the Nooncasters. Without a rezoning request for the remaining property owned by Mr. and Mrs. Kelly, the property will be zoned R-A upon approval of the requested annexation. Staff recommended approval of the proposed annexation. The subject property is adjacent to the City limits and developed as an extension of surrounding subdivisions. DISCUSSION On October 25, 2004, the Planning Commission voted 8-0-0 to forward this item to the City Council with a recommendation for approval with an accompanying rezoning request. BUDGET IMPACT None. ORDINANCE NO, AN ORDINANCE ANNEXING PART OF THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 04-1252 ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS, CERTAIN PROPERTY OWNED BY JOHN AND LESLIE NOONCASTER AND FRANK AND ANN KELLY LOCATED SOUTH OF ALBRIGHT ROAD CONTAINING APPROXIMATELY 9.81 ACRES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby confirms the annexation to the City of Fayetteville, Arkansas, of that property described in Exhibit "A" attached hereto and made a part hereof. Section 2. The official map of the City of Fayetteville, Arkansas, is hereby amended to reflect the change provided in Section 1 above. Section 3. That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to assign the zoning designation of R-A, Residential Agricultural to the subject property. Section 4. That the above -described property is hereby assigned to Ward No. Three. PASSED AND APPROVED this day of , 2004. APPROVED: pRA By: Dan Coody, Mayor ATTEST: , By: Sondra Smith, City Clerk s EXHIBIT "Al' ANX 04-1252 A PART OF THE SOUTHWEST QUARTER (SW %4) OF THE SOUTHEAST QUARTER (SE '/4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY NINE (29) WEST, BEING MORE PARTIUCLARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE S02024'04"W ALONG THE WEST LINE OF SAID 40 ACRE TRACT 330.00 FEET TO A POINT ON THE SOUTH CITY LIMITS OF SPRINGDALE, ARKANSAS. THENCE S87024' 15"E 364.40 FEET ALONG SAID CITY LIMITS LINE, SAID LINE BEING 330.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID 40 ACRE TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CITY LIMITS LINE S87024' 15"E 947.85 FEET TO A POINT IN AN EXISTING FENCE LINE; THENCE S02033'59"W 328.27 FEET TO A FENCE CORNER POST; THENCE N87013'24"W ALONG SAID FENCE 259.66 FEET TO A FENCE CORNER POST; THENCE N87003' 11 "W ALONG SAID FENCE 407.55 FEET TO A FENCE CORNER POST; THENCE N87021158"W ALONG SAID FENCE 279.71 FEET; THENCE LEAVING SAID FENCE N02024'04"E 324.77 FEET TO THE POINT OF BEGINNING, CONTAINING 7.10 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. A PART OF THE NORTH HALF (N'/a) OF THE SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARTER ( SE'/4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY NINE (29) WEST, BEING MORE PARTIUCLARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID 20 ACRE TRACT; THENCE S02024'04"W ALONG THE WEST LINE OF SAID 20 ACRE TRACT 330.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTH CITY LIMITS OF SPRIGDALE, ARKANSAS; THENCE S87°24' 15"E 364.40 FEET ALONG SAID CITY LIMITS LINE, SAID LINE BEING 330.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID 20 ACRE TRACT; THENCE LEAVING SAID CITY LIMITS LINE S02024'04"W 324.77 FEET TO A POINT IN AN EXISITNG FENCE LINE; THENCE N87°31'28"W ALONG SAID FENCE LINE 10.27 FEET TO AN EXISTING IRON; THENCE N87°09'31"W ALONG SAID FENCE LINE 354.14 FEET TO AN EXISTING IRON ON THE WEST LINE OF SAID FORTY ACRE TRACT; THENCE LEAVING SAID FENCE LINE N02024'04"E 323.28 FEET TO THE POINT OF BEGINNING, CONTAINING 2.71 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. >i Tyee�ievi�le ARKANSAS PC Meeting of October 25, 2004 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Associate Planner T14RU: Dawn Warrick, AICP, Zoning & Development Administrator DATE: October 20, 2004 ANX 04-1252: Annexation (NOONCASTER/KELLY, 61): Submitted by RAYMOND SMITH for property located at S OF ALBRIGHT R�_J The property is in the Planning Area and City of Springdale and contains approximatel � 4.53\acres. The request is to annex the subject property into the City of Fayetteville. Property Owner: JOHN & LESLIE NOONCASTER Property Owner: FRANK & ANN KELLY Planner: SUZANNE MORGAN RECOMMENDATION: Staff recommends approval of the requested annexation based on the findings included as part of this report with the following condition(s): , PLANNING COMMISSION ACTION: Required :'YES O Approved O Denied Date: October 25, 2004' CITY COUNCIL ACTION: Required, YES O Approved O Denied Date: November 16, 2004'(lstareading if recommended) BACKGROUND: Property description: The subject property contains five tracts of property equaling 14.53 acres. The vacant property is located south of Albright Road, north of the approved Pembridge Subdivision preliminary plat, not yet under construction. The southern three tracts of property total 9.97 acres and are located within the City of Fayetteville Planning Area. The northern two tracts of 0.46 and 4.2 acres are located within Springdale city limits. Proposal: The applicants propose annexation of 14.53 acres into the City of Fayetteville. This request also includes the simultaneous detachment and annexation of 4.66 acres owned by the Mr. and Mrs. Nooncaster from the City of Springdale into the City of Fayetteville. The applicant will submit this request to Springdale after consideration by Fayetteville City Council. A K:02eport i20041PCReportrll0-25-04NNX04-1252 (Noonmster-Kelly).doc �1 rezoning request has been submitted for the 11.76 acres of property owned by Mr. and Mrs. Nooncaster. Without a rezoning request for the remaining 2.77 acres, owned by Mr. and Mrs. Kelly, the property will be zoned R-A upon approval of the requested annexation. Recommendation: Staff recommends approval of the proposed annexation. The subject property is adjacent to the City limits and developed as an extension of surrounding subdivisions. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Single-family on laze lots City of Springdale South Pembrid e SD (approved PPL RSF-4, Res. Single Family - 4 units per acre East Copper Creek SD under construction RSF-4, Res. Single Family - 4 units per acre West Vacant field I R-A, Residential Agricultural INFRASTRUCTURE: Streets: The site fronts to Albright Road. At the time of development, this street will need to be brought up to current standards along the property frontage. These improvements will include, right-of-way dedication, 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) and Howard Anderson Rd. West: Copper Creek Dr. (local) Water: The property will have access to an 8" water main through development to the south. This main should be sufficient to provide service to most developments that could occur on the site. An extension of the water main will be required to provide water supply and fire protection within any development on this property. Sewer: The site will have access to sanitary sewer through development to the south. An off -site sewer main extension may be required to serve this development. The nearest sewer main is an 8" main to the south in the proposed Pembridge Subdivision. The capacity of the lift station serving this area shall be confirmed prior to approval. Fire: The subject property is located 4.2 miles from the Fire Station #4. Normal driving time is estimated at 11-13 minutes with an approximate response time of 11-13 minutes at maximum development. 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. K..,Ikeports12004TC Reporall0-15-04NNX04-1252 (Noonmster-Kelly).do 1 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 identifies the portion of this property within the Planning Area as Residential. FINDINGS: 11.6 ANNEXATION GUIDING POLICIES BOUNDARIES 11.6.a Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. Finding: The requested annexation will not create an island or peninsula, but create an appropriate boundary that will extend north of the City of Fayetteville adjacent to the City of Springdale. 11.6.b Proposed annexation area must be adjacent, or contiguous, to city limits. Finding: The proposed annexation area is adjacent to the City Limits to the east, west and south. 11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: This area does not consist of defined subdivisions or neighborhoods; however, future development plans may include the extension of the surrounding subdivisions currently under construction. 11.6.d Boundaries for annexed areas should follow natural corridors. Finding: Proposed boundaries follow property lines. 11.6.e Timing of services within annexation areas should be considered. Finding: Current conditions result in a response time of 11-13 minutes for fire protection from the Fire Station 94. An extension of the water main from the K:IReporisV0041PC Reponsl/0-25-04NNX04-1252 (Noonmster-Kelly).doc south will be required to provide water supply and fire protection within any development on this property. The site will have access to sanitary sewer through development to the south. An off -site sewer main extension may be required to serve this development. Verification that this area is within the Fayetteville water service territory shall be determined at such time development occurs on the subject property. The City Council would pass a resolution at the time of development in order for this property to be incorporated into the City of Fayetteville's water territory. ENVIRONMENTALLY SENSITIVE AREAS 11.6. f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Finding: N/A EMERGENCY AND PUBLIC SERVICES 11.6.g Public services must be able to be provided efficiently in newly annexed areas. Finding: The police department reports that 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. 11.6.h Annexed areas should receive the same level of service of areas already in the city limits. Finding: Fire and police service shall be provided to this area with the same level of responds and service as other developments in this area. Sewer improvements to the area are being provided for with the development of approved preliminary plats. 11.6.i The ability to provide public services should be evaluated in terms of equipment, training of personnel, number of units and response time. Finding: These factors were taken into consideration in the responses and recommendations included in this report. INFRASTRUCTURE AND UTILITIES 11.6.j Areas currently served by utilities and other public services should be annexed. Finding: Water, fire and police protection are currently provided in this area. K-AkWora120041PC ReporaV 0-25-04NNX 04-/252 (Noon fer-Ke((y).doc 11.61 Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. Finding: Improvements to sewer and street systems and installation of fire hydrants would be made necessary by the annexation should additional development occur on the subject property. 11.6.1 Phased annexation should be initiated by the City within active annexation areas based on planned service extensions or availability of services. Finding: The proposed annexation is not part of a phased annexation initiated by the City. INTERGOVERNMENTAL RELATIONS 11.6.m Promote long-range planning with adjacent jurisdictions. Finding: Annexation of this property will incorporate property currently within Springdale jurisdiction into the City of Fayetteville. 11.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer. Finding: N/A ADMINISTRATION OF ANNEXATIONS 11.6.o Designate zoning districts for the property during the annexation process. Finding: Annexations are automatically zoned R-A, Residential Agricultural. Mr. and Mrs. Nooneaster own 11.76 acres of the total 14.53 acres requested for annexation and request to rezone this property RSF-4, Residential single family, 4 units/acre. This zoning designation is compatible with the Residential classification of the adjacent area on the City's adopted Future Land Use Plan. The 2.77 acres owned by Mr. and Mrs. Kelly will be automatically zoned R-A with no accompanying rezoning request. Staff finds that this zoning designation is compatible with the property to the west, also zoned R-A, and will allow for development compatible to the single family properties to the north. 11.6.p An annexation study should be completed on all annexation proposals. Finding: Planning staff has asked the Engineering Division, Fire Department and Police Department to study this annexation request to determine if facilities and services are available to serve this request. K: 4?eports110041PC Reporal 0-15-04WNX 04-1252 (Noonmsrer-Kelly).dw 11.6.q Development proposals require a separate review from the annexation proposals. Finding: Development of this property has not been proposed. At the time the applicant desires to development the property, the applicant will be required to submit project plans for review and approval by the Planning Commission. 11.6.r Residents should be fully informed of annexation activities. Finding: Adjoining neighbors have been notified of the annexation request. A legal ad and display have both been submitted with a local newspaper prior to the Planning Commission meeting for which this item is scheduled. 11.6.w Encourage larger annexations to create acceptable boundaries. Finding: This annexation includes five tracts of land totaling 14.53 acres owned by the Nooncasters and Kellys and represented by Mr. Raymond Smith. The combined requests create a reasonable boundary avoiding the creation of unusual boundary lines. 11.6.t Conduct a fiscal impact assessments on large annexations. Finding: N/A KAReports110041PC ReporuI10-15-04WNX 04-1152 (Noonmster-Kelly).doc From Fayetteville General Plan 2020 — 2002 Revision 11.6 Annexation Guiding Policies Boundaries 11.6.a Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. l 1.6.b Proposed annexation area must be adjacent, or contiguous, to city limits. 11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. 11.6.d Boundaries for annexed areas should follow natural corridors. 11.6.e Timing of services within annexation areas should be considered. Environmentally Sensitive Areas 11.6. f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Emergency and Public Services 11.6.g Public services must be able to be provided efficiently in newly annexed areas. 11.61 Annexed areas should receive the same level of service of areas already in the city limits. 11.6.i The ability to provide public services should be evaluated in terms of equipment, training of personnel, number of units and response time. Infrastructure and Utilities 11.6.j Areas currently served by utilities and other public services should be annexed. 11.6.k Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. 11.6.1 Phased annexation should be initiated by the City within active annexation areas based on planned service extensions or availability of services. Intergovernmental Relations l 1.6.m Promote long-range planning with adjacent jurisdictions. 11.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer. Administration of Annexations 11.6.o Designate zoning districts for the property during the annexation process. 1 1.6.p An annexation study should be completed on all annexation proposals. 11.6.q Development proposals require a separate review from the annexation proposals. 11.6.r Residents should be fully informed of annexation activities. 11.6.w Encourage larger annexations to create acceptable boundaries. 11.6.t Conduct a fiscal impact assessments on large annexations. K:I4?eporrs12004WCReporv110-15-04WNX04-1151 (Noonmsrer-Kelty).doc FAYE fIEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS October 18, 2004 Dawn Warrick Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Warrick, 1 • RECr V -:) OCT 19 PLANN I NC3 U VROLICE DEPARTMENT This document is in response to the request for a determination of whether the proposed Annexation ANX 04-1252(Nooneaster, pp 61) and Rezoning RZN 04-1253(Nooncaster, pp 61) submitted by Raymond Smith, Attorney for property located south of Albright Road, North of the Fayetteville Planning Area 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. 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. SiinncevreI Lieutenant Wilfiam Brown Fayetteville Police Department FAYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 P.O. BOX 1988 JAIL: 140-A WEST ROCK STREET 72701 FAYETTEVILLE, ARKANSAS 72702-1988 PHONE: 479-587.3555 FAX: 479-5873522 ) o � — U E j d uU l0 '- Z EOQ Amin X co LUJ ohm m v w m E dL o �O m 0 N u E O N o •= Z l0 Uco - N a`u M E d o d = O Q N U E '( o O N ? Z U d U) co a) c y m p E E 0oaDomE E w N = M M O y E p ` JC M d�raQ�mN�� N C_ C_ O E E E o o d O. M M N E 2 mm m a N to U N C N N m LL E E E m 5 p N N R N N O (O 'Q K N �LL�LLLLLL N M N N Q � C O m N X W N } C C Q C a) m N O y W N O O O U O 41 C C O O fn Z Z V N LO N N N N O O O Z X Z N Z N d QQ' Planning Commission • • October 25, 2004 Page 28 ANX 04-1252: Annexation (NOONCASTER/KELLY, 61): Submitted by RAYMOND SMITH for property located at S OF ALBRIGHT ROAD. The property is in the Planning Area and City of Springdale and contains approximately 14.53 acres. The request is to annex the subject into the City of Fayetteville. Ostner: Thank you. Our next item is ANX 04-1252 for Nooncaster and Kelly. WwTick: This request is to annex the subject property which contains approximately 14.53 acres. This action would basically comprise of not only an annexation but also a detachment of 4.66 acres from Springdale. This is similar to an action that we took not long ago for property located immediately east of the subject property, which was also a simultaneously annexed and detached piece of property. This is a grouping of five different tracts of land with two property owners, so neighbors did get together and decide to bring this request forward collectively. Portions of the property, as I mentioned, are located within the Fayetteville Planning area and about five acres is located within the City of Springdale. The applicant's representative will be going through the process of obtaining a formal resolution from the Springdale City Council approving their detachment from that community. The site does front Albright Road, it's at the far northeastern portion of the City of Fayetteville. It is north of property also owned by the Nooncasters, which was recently approved as a Preliminary Plat for a development called Pembridge. The property will have access to both water and sewer through that development to the south once it is constructed. The property is approximately four acres from Fire Station number 4, resulting in a response time of 11-13 minutes. That's pretty consistent with the times for these single family subdivisions near the far northeast corner of the City. Police Department states that the requested rezoning would not substantially alter population density, or create appreciable increase in traffic or congestion. They do note, however, that while individually each of these annexations and rezonings will not substantially alter the population and density, the sum total presented over the years has had an impact on the demand for Police services and has caused increases in traffic congestion. So their analysis is expanded to kind of give an overview of what through the years has impacted their service provisions. This property is designated on the general plan as residential. We believe that the annexation of this property will create an appropriate boundary and extend the City of Fayetteville limits north to Albright Road, which is consistent, as I mentioned, with the action that we've taken recently. The property is adjacent to the City limits on the east, west, and south. For those reasons, we believe that this annexation is appropriate. I will note that you received this evening a faxed letter from adjoining property owners who were not able to attend. They do not object to the annexation, however they feel that the companion request for rezoning of a portion of this property to the RSF-4 zoning district is too dense and they believe that one home per acre as Planning Commission • October 25, 2004 Page 29 opposed to four is more appropriate with the surrounding developments. Just with that, I'll kind of caveat that into the request, the companion request, for rezoning, that is to rezone 11.76 acres of the property and for it to be zoned RSF-4, Residential single family four units per acre for the purpose of a future single family subdivision, an extension of the Pembridge developments to the north of this property which is north of the already approved Preliminary Plat. Staff does believe that this is consistent with the surrounding developments and surrounding zoning. We believe that the zoning of this property to RSF-4 will allow for a more uniform consistent development pattern. Surrounding properties are basically all single family zoned single family on large lots within the City limits of Springdale, and the single family zoning district. As I mentioned, the Pembridge subdivision an approved Preliminary Plat zoned RSF-4 to the south. To the east, a portion of Copper Creek subdivision under construction, zoned RSF-4, I think that's actually to the west, and then on the other side of the property, a vacant field zoned' R-A, Residential Agricultural. With the findings that I've stated and the information in your reports, staff is in favor of both the annexation and the requested rezoning. Ostner: Thank you. Is the applicant present? If you could introduce yourself and give us your presentation. Smith: Yes, my name is Raymond Smith, and I have with me here Mr. John Nooncaster who I submitted this application for on his behalf and also the Kellys. As Dawn Warrick explained there, this property is to the north of a property that's currently being developed by Mr. Nooncaster and it includes 4.66 acres that actually has been in the City of Springdale, and we have already had a resolution passed by the City of Springdale that if Fayetteville will annex this into Fayetteville that they will have a hearing and approve it. And so that's where we stand right now. If the City of Fayetteville approves the ordinance on this then we will go back to Springdale and obtain their approval also on this. Are there any other questions I can answer on this? Ostner: We'll get back with you. Thank you. At this point, I'll open it up to the public. Would anyone like to speak about this ANX 04-1252. Nooncaster: My name is John Nooncaster. My wife and I and along with the Kelly's own this property and if you have any questions I'll be glad to answer them for you. Ostner: Thank you. I want to make sure anyone from the public that wants to speak about this has a chance. Seeing none, I'll close it to the public and bring it back to the Commission on the subject of annexation. Planning Commission • October 25, 2004 Page 30 MOTION: Shackelford: We saw one a lot like this earlier this evening. It's not quite a peninsula, it's not quite an island, but it is contiguous with City limits. Currently, I think it makes sense to recommend annexation to City Council so I'm going to make a motion we recommend ANX 04-1252. Clark: I'll second. Ostner: Thank you, I have a motion by Mr. Shackelford, a second by Commissioner Clark. Is there further discussion? Could you call the roll? Roll Call: Upon the completion of roll call, the motion to approve ANX 04-1252 was approve. by a vote of 8-0-0. •Iol kM±Wl l =: l ANX04-1252 NOONCASTER/KELLY One Mile View it t,i r -, fTiq L. Ni I — ( I t i . At it — r ! R-0 RI. I I R-0 I eI� D" I- I"— L t� 7 _I rRti�J I RA Overview WE L _ p 3 R.A 0 I 2 I K r Ir `'alry ! U d.0 EA VC J� sP SUBJECT PROPERTY AL 0,1 �..��!� T ii RSF.< RA 21 RSF4 RPID RW4 O � DP -Li $ - _ EDRu PL I RSE� I � '. R I ?TI L—�imN . P ----__ _Y RNA �` v _rr,. L AR AND G�01 I. J.LLL .�L $F 4 .1_rcJ RW4 f �1 L Il it Ll I .A vEPp�t} �` • w �J I �!?IrJ�'•y i i i w NBD JZI�NLRD 5. mm In tit It r \ I RA I 1-7 wit _.I uy�I l� /` 1•. Legend Boundary Streets Master Street Plan Subject Property streets Muter Street Plan Planning Area _ Epp ;= Eraan�wrmn'w ANX004252 o 000 6 Overlay District Pm IIIIIII ev PIe111M em mAnalal 00000 IMPOSE MW:MTIY i� QDISIde CityIMPOSE •ee N4MceMtt9N 0 0.1 0.2 0.4 0.6 0.8 Miles WE L _ p 3 R.A 0 I 2 I K r Ir `'alry ! U d.0 EA VC J� sP SUBJECT PROPERTY AL 0,1 �..��!� T ii RSF.< RA 21 RSF4 RPID RW4 O � DP -Li $ - _ EDRu PL I RSE� I � '. R I ?TI L—�imN . P ----__ _Y RNA �` v _rr,. L AR AND G�01 I. J.LLL .�L $F 4 .1_rcJ RW4 f �1 L Il it Ll I .A vEPp�t} �` • w �J I �!?IrJ�'•y i i i w NBD JZI�NLRD 5. mm In tit It r \ I RA I 1-7 wit _.I uy�I l� /` 1•. Legend Boundary Streets Master Street Plan Subject Property streets Muter Street Plan Planning Area _ Epp ;= Eraan�wrmn'w ANX004252 o 000 6 Overlay District Pm IIIIIII ev PIe111M em mAnalal 00000 IMPOSE MW:MTIY i� QDISIde CityIMPOSE •ee N4MceMtt9N 0 0.1 0.2 0.4 0.6 0.8 Miles STAFF RE* FORM - NON -FINANCIAL OBLIPTION x AGENDA REQUEST For the Fayetteville City Council Meeting of: FROM Dawn T. Warrick Name Planning Division ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: November 16.2004 CP&E Department A ANX 04-1252 (Nooncaster/Kelly, 61): Submitted by Raymond Smith for property located south of Albright Road. The property is located within the Planning Area and contains approximately 9.81 acres. The request is to annex the subject property into the City of Fayetteville. STAFF RECOMMENDATION: City Approval. � Date Date Received in Mayor's Office �O•r�j/ Cross Reference: Department Director Date Finance & Internal Services Dir. Date Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: New Item: Date Yes No E E Taye evl ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman City Clerk Division Date: November 23, 2004 Re: Ord. No. 4641 City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 c ity_clerk@c i.fayetteville.ar. us The City Council passed the above ordinance, November 16, 2004, approving annexation petition ANX 04-1252 containing approximately 9.81 acres located on Albright 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 NORTHW&T ARKANSAS E6ITION AFFIDAVIT OF PUBLICATION I, do solemnly swear that I am Leg Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: was inserted in the regular editions on PO# 04 --Zq ** Publication Charge: $ �0_ Subscribed and sworn to before me this d n� day of 2004. Notary Public >rrmrrrueeeer,t meerrrrrrrrrrrrrrrc > Catherine Sall >$ My CommissiomExpirft,..�.n�u ^. knns.s>� Washington County My Commission Expires 02/27/05 �S .ccccc ccgccu<uuccccccccccccccclt *' Please do not pay from Affidavit. An invoice will be sent. RECEIVED DEC 0 3 2*4 tILLE rTMrvCCLERK s OFFICE 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS.72702 • (501) 442-1700 ORDINANCE NO. 4641 AN ORDINADESCRIBED, EgNNEANGANNEX PART OF PETITION A X 04- lyLle TY DESCRIBED IN ANNENTAR OFTTHAT RO 06- •A,1252 ANNEXING TO THE CRY OF FAYETTEVILLE. aARKANSAS, CERTAIN PROPERTY OWNED BY JOHN �/AND LESUE NOONCASTER AND FRANK AND ANN KELLY LOCATED SOUTH OF ALBRIW ROAD CON. TAINING APPROXIMATELY 9.81 ACRES EE R ORDAINED BY THE CRY COUNCIL OF THE CRT OF FAYETTEVILLE, ARKANSAS. Section 1: That the City Co hsl hereby confirms the annexation to Me Gry of Fayetteville, ANarisas. W that property oescnbed in Fxtibit'A' attxche0 hereto ano maz]a A part hmeof. Section 2: The of cd map of the City of Fayetteville, Arkansas, is hereby amerdeo to reflect the change pro.ACed in Section 1 abare. Becton 3: That the official zamlg map of fha Gry of Fayetteville. Arkensae is hereby amerdeo to assign Meacning clesignation of R-A. Residential Agric ltual to the wbiw property. Section 4:- That the ebowo-Eescribed property H hereby assigned to Ward No. Thee. PAS= nod APPROVED Ytla 18th Clay of November, 2004. A000r n EWIBR'A' AM 04.1252 OF SAID 40.ACRE TRACT, THENCE S02424'04NV ALONG THE WEST LINE OF SAID 40 ACRE TRACT 330.00 FEET TO A POIfjT ON THE SOUTH.CTY LIMITS OF SPRINGDALE, ARKANSAS. THENCE SB7 24'15'E 364.40 FEET ALONG SAID CRY UMRS UNE, SAID UNE BEING 330.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH ONE OF SAID 40 ACRE TRACT TO THE TRUE POINT OF -BEGIN- NING; THENCE CONTINUING ALONG SAID'CTTY UMRS UNE S87924'1 WE 947.85 FEET TO A POINT IN AN EXISTING FENCE UNE; THENCE S02°33'59'W 328.27 FEET TO A FENCE CORNER ,POST, THENCEN87-1324M ,ALONG`SAID FENCE 259.66 FEET TO A FENCE CORNER POST; THENCE N87003'11'W ALONG SAID FENCE 407.55 FEET TO A FENCE CORNER POST ; TH`ENCE 1987'21'5BM,ALONG-'SAID FENCE 27971 FEET, THENCE LEAVING SAID FENCE NO2-24'04'E 324,77, FEET TO THE POINT OF BEGINNING, CONTAINING 7.10 ACRES, MORE OR LESS. WASH- ' INGTON COUNTY. ARKANSAS. - A PART OF THE NORTH HALF IN'12) OF THE SOUTHWEST OUARTER (SW 114) OF THE SOUTHEAST OU nER )SE}}1/4) OF. SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY NINE'j29)WEST SaNGMORE PARTIIICLARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID 20 ACRE TRACT; THENCE S02°24'04'W ALONG THE WEST LINE.OF SAID 20 ACREOSRACT 330.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTH CRY LIMBS OF SPRIGDALE, ARKANSAS: THENCE S87°24'15'E 364.40 FEET ALONG SAID CRY UMJTS UNE, SND UNE BEING 330.00 FEET SOUTH OF AND PARALLEL WITH THE-NORTI`UNE OF SAID 20 ACRE TRACT; THENCE LEAVING SND CITY UMTTS UNE S0224'041W 324.77 FEET TO A POINT IN AN EOSITNG FENCE UNE; THENCE NB7'31428'W ALONG SAID F84GE LINE 10.27 FEET TO AN COSTING IRON: THENCE N87'09Sl NV ALONG SAID FENCE '. LINE 354.14 FEET TO AN EXISTING IRON ON THE WEST UNE OF SNO FORTY ACRE TRACT: THENCE LEAVING SAID FENCE UNE 1402' 4'04•E 323.28 FEET TO THE POINT OF BEGINNING, CONTAINING 2.71 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. FROM • (TUE)DEC 21 2004 10 4UST.10:47/No.6816796313 P 1 • State of Arkansas Washington County Courthouse 290 North College Ave, Suite 300 Fayetteville, AR 72701 Telephone: (479)-444-1711 Fax: (479)-444-1894 FAX TRANSMISSION To: Fayetteville City Clerk's Office Date: December 21, 2004 Clarice Fax #: 718-7695 Pages: 3, including cover sheet From: Shirley Brown Subject: Confirmation Letter from Secretary of State for the following City of Fayetteville Annexations: County Court Case 02004-24 Fay City Ordinance #4641 (Petitioners John & Leslie Nooncaster & Frank & Ann Kelly) County Court Case #2004.27 Fay City Ordinance #4631 (Petitloners_Craig B.Karyn Harper &- Yancey & Ginger Bowen) Have a Merry Christmas S a safe trip to Wichita, KS - providing the weather is permitting. FROM (WED)DEC 22 2004 13:1UST. 13:16/No.6815796314 P i • • State of Arkansas Washington County Courthouse 280 North College Ave, Suite 300 Fayetteville, AR 72701 Telephone: (479)444-1711 Fax:(479)=444-2894 To: Fayetteville City Clerk's Office Date: December 22, 2004 Clarice Fax #: 7184695 Pages: 7, Including cover sheet From: Shirley Brown Subject: Petition & Order Confirming Annexation for the following City of Fayetteville Annexation: County Court Case #2004=24 Fay City Ordinance #4641 (Petitioners John & Leslie Nooncaster & Frank & Aar► Kelly) Have a Merry Christmas &. a safe Holiday llll .