HomeMy WebLinkAboutOrdinance 464208123630003 Type: REL
2/01/2005 at 02:00:11 PM
4.00 Pace 1 of 3
County. AR
a Circuit Clerk
F11e2OO5-00004783
ORDINANCE NO. 4 6 4 2
x AN ORDINANCE CALLING FOR THE SIMULTANEOUS
o DETACHMENT OF ABOUT 4.66 ACRES OWNED BY JOHN
w � ) AND LESLIE NOONCASTER FROM THE CITY OF
SPRINGDALE, ARKANSAS AND THE ANNEXATION OF
r�C"o
c THOSE LANDS INTO THE CITY OF FAYETTEVILLE,
- ARKANSAS
iu c�
ti = WHEREAS, A.C.A. §14-40-2101, Simultaneous Detachment and
Annexation, provides that simultaneous detachment and annexation of lands
can occur when the boundaries of two (2) municipalities are contiguous and
adjoining one another, and one city desires to detach and the other city desires to
annex the same parcel; and
WHEREAS, the subject property complies with the standards for lands
qualifying for simultaneous detachment and annexation which are set forth in
A.C.A. §14-40-2101; and
WHEREAS, the City of Springdale Water and Wastewater Department
has found it impractical for the City of Springdale to serve the subject property
with sanitary sewer service; and
WHEREAS, the City Council of Springdale, Arkansas approved
Resolution No. 85-04 on September 14, 2004, declaring that the City has no
objection to the detachment of the subject property from the City of Springdale;
and
WHEREAS, the necessary services of water and sewer are reasonably
available to the subject property or can reasonably be extended by the owners of
the property from the City of Fayetteville water and sewer mains; and
WHEREAS, the subject property is immediately adjacent and contiguous
to lands under the same ownership that have previously been annexed into the
City of Fayetteville from the County.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1:
That the City Council of the City of
Fayetteville,
Arkansas
hereby declares
its desire to annex approximately 4.66 acres
of land
owned by
John and Leslie Nooncaster as described in Exhibit "A" if said land is detached
from the City of Springdale.
Section 2: That the City Council of the City of Fayetteville, Arkansas
hereby declares that if the City of Springdale concurs in the detachment and
annexation of this land following the statutorily required public hearing, this
property identified by Exhibit "A" shall be deemed annexed into the City of
Fayetteville and assigned to Ward Three.
PASSED and APPROVED this 161hday of November, 2004.
APPROVED:
ATTEST:
By:
SONDRA SMITH, City Clerk
CORRECTED
EXHIBIT "A"
ANX 04-1252
A PART OF THE NORTH HALF (N 1/2) OF THE SOUTHWEST QUARTER (SW
1/4) 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
S87024115"E ALONG THE NORTH LINE OF SAID 20 ACRE TRACT 364.40
FEET; THENCE S02°24'17"W 24.77 FEET TO A POINT ON THE SOUTH RIGHT
OF WAY OF ALBRIGHT ROAD; THENCE 587044'24"E ALONG SAID SOUTH
RIGHT OF WAY 281.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID RIGHT OF WAY S87044133"E 64.32 FEET;
THENCE S8604Z5311E ALONG SAID RIGHT OF WAY 602.95 FEET TO A POINT
IN AN EXISTING FENCE LINE; THENCE S02°33'59"W ALONG SAID FENCE
LINE 300 FEET; THENCE LEAVING SAID FENCE LINE N87024115"W 667.37
FEET; THENCE NO2°35'40"E 306.88 FEET TO THE POINT OF BEGINNING,
CONTAINING 4.66 ACRES, MORE OR LESS, WASHINGTON COUNTY,
ARKANSAS.
Washington County, AR
I cehify this Instrument was filed on
02/01/2005 02:00:11 PM
and recorded in Real Estate
File Number 2005-00004783
Bette Stamps - Circuit CI rk
by
CITY of SPRINGDALE
ADMINISTRATION BUILDING
201 SPRING STREET
SPRINGDALE, ARKANSAS 72764
(479) 750-8119
OFFICE OF CITY CLERK._-
CID
DENISE PEARCE
G =
CERTIFICATE
-
m
r
a
I, Denise Pearce, Clerk of the City of Springdale, County of Washington, State of
Arkansas, hereby certify that the attached and foregoing is a true copy of Ordinance 3617
which was passed at the Springdale City Council Meeting held on January I I, 2005, the
original of which is now on file in the City Clerk's Office, Springdale, Arkansas.
In witness whereof, I have hereunto set my hand and affixed the official Seal of
the City of Springdale, Washington County, Arkansas, this thc..l&'j day of January, 2005.
Will
tP-10
City ClceK ;df, y of Springdale
«!ashirlg,,, touW, Arkansas
Doe ID: 008073550003 TVDe. REL
Recorded: 01/19/2005 at 11:19:82 AM
Fee Amt: $11.00 Pace 1 of 3
Nashinaton County. AR
Bette 3tamoa Circuit Clerk
F11e200540002917
ORDINANCE NO. 3617
AN ORDINANCE CONCURRING WITH FAYETTEVILLE
ORDINANCE NO, 4642, ALLOWING FOR THE
VOLUNTARY DETACHMENT OF CERTAIN LANDS
FROM THE CITY OF SPRINGDALE, AND ATTACHING
SAID LANDS TO THE CITY OF FAYETTEVILLE.
WHEREAS, John Nooncaster and Leslie Nooncaster have previously appeared before
the City Council for the City of Springdale, Arkansas, and attained a resolution of the City
Council concurring with the voluntary detachment of certain lands within the City of Springdale
into the City of Fayetteville;
WHEREAS, the.legal description of the property is attached hereto as Exhibit "A" and
made a part hereof,
WHEREAS, the City of Fayetteville passed Ordinance No. 4642, on the 16`h day of
November, 2004, authorizing the simultaneous detachment of the property from the City of
Springdale in to the City of Fayetteville under Ark. Code Ann. §14-40-2101;
WHEREAS, the City Council for the City of Springdale, Arkansas, held a public hearing
at 5:50 p.m. on January 11, 2005, after notice of said public hearing was published at least 15
days prior to January 11, 200.5 in The Morning News of Northwest Arkansas;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE
CITY OF SPRINGDALE, ARKANSAS, that the City of Springdale concurs with the
City of Fayetteville in the detachment and simultaneous annexation of that property
described in Exhibit "A," from the City of Springdale and into the City of Fayetteville.
PASSED AND APPROVED this 11th day of January 12005.
GIA'W't� - )h V(.
erre M. Van Hoose, Mayor
ATTEST:
��'i'YlctLF_ D�/7C.Q
Denise Pearce, CITY CLERIq
AS TO
Jeff C .Har¢er;'CITY A
Exhibit "A"
Legal Description:
A PART OF THE WORT14 HALF (N%=) OF T14E SOUTHWEST QUARTER (SWV.) OF
THE SOUTHEAST QUARTER (SE%) OF SECTION EIGHTEEN (18), TOWNSHIP
SUVENTEEN (17) NORTH, RANGE TWENTY -NNE (29) WEST, BEING MOM
PARTICULARLY DESCRIBED AS FQLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF SAID 20 {kCRE TRACT; THENCE S87024'15"E ALONG
THE NORTH LINE OF SAID 20 ACRE TRACT 364.40 FEET; THENCE 602024'17"W
TO A POINT ON THE SOUTH RIGHT OF WAY OF ALBRIGHT ROAD; THENCE
S874414"B ALONG SAID SOUTH RIGHT OF WAY 281.52 FEET TO THE TRUE
POINT OF BEGINNING. THENCE CONTINUING ALONG SAID RIW OF WAY
S87e44'33"E 6432 FEET; THENCE $86e42 53 E ALONG SAID RIGHT OF WAY
002,95 FEET TO A POINT IN AN EXISTINO FENCE LINE; THENCE S02°33'59"W
ALONG SAID FENCE LINE 300 FEET; THENCE LEAVING SAID FENCE LINE
N87e24'15"W 667.37 FEET; THENCE NO2e35'40"E 306.88 FEET TO THE POINT OF
BEGINNINO, CONTAINING 4.66 ACRES, MORE OR LESS, WASHINGTON
COUNTY, AMANSAS,
Laytnan's Description: 4
AntuxationlDetachment: (Nooncaetot) Property located on Albright Road "d West of
George Anderson Road in the City of Springdale containing approximately 4.66 acres.
The request is to detach the above -described property from the City of Springdale,
Arkansas and to affirm the annexation into the City of Fayetteville, Arkansas.
Washington
01/1g this instN tY, AR
an re orya .1' R 2EgSM a filed on
File Number
Bette Ste 200S.0p00
m Circuit Cl 97
by
ANX0leView NOONCASTER/KELLY
One Mile View
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Overview Legend Boundary Streets Master Street Plan
Subject Property i—s Planning Area Sveets Master Street Plan
_ ANX04-1252 rp000—&WhV= Ereawal"E"Presray
aoe000° Overlay District IIIIIII Plaulee o PMIA yMsIW
Unions MiWMerly
Outside City
� LaYNt
eee Heeak Coaxer
0 0.1 0.2 0.4 0.6 0.8
Miles
Barristers Place, Suite 11
70 Noah College Avenue
Fayetteville, Arkansas 72701-6101
RAYMOND C. SMITH, P.A.
ATTORNEY AT LAW
January 24, 2005
Sondra Smith, City Clerk
City of Fayetteville
113 W. Mountain Street
Fayetteville, Arkansas 72701
RECEIVED
UAN 2 5 2005
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Telephone (479) 521-7011
FAX (479) 443-4333
Toll Free 1-800-282-0168
Email rsmith7011Qsbcglobal.net
Re: Springdale Ordinance No. 3617,
An Ordinance Concurring With Fayetteville Ordinance
No. 4642, Allowing For The Voluntary Detachment of
Certain Lands From The City of Springdale To The City
Of Fayetteville.
Dear Madame Clerk:
Enclosed is a filed mark copy of Certificate by the City Clerk Springdale
and Ordinance No. 3617, passed and approved January 17, 2005, in regard
to lands owned by John and Leslie Nooncaster.
Sincerely,
4aymond C. S 'th
Encl.
cc: John Nooncaster, w/encl.
ORDINANCE NO, 4642
Recorded: 112%03/20040atr11e26R54 AM
Fee Amt: 814,00 Pace 1 of 3
Mashlnaton County,
Bette Stamos Clrc t Clerk
F11e2004 0049501
AN ORDINANCE CALLING FOR THE SIMULTA OUS
DETACHMENT OF ABOUT 4.66 ACRES OWNED B JOHN
AND LESLIE NOONCASTER FROM THE TY OF
SPRINGDALE, ARKANSAS AND THE ANN ATION OF
THOSE LANDS INTO THE CITY OF FA TTEVILLE,
ARKANSAS
WHEREAS, A.C.A. §14-40-2101, Simultan us Detachment and
Annexation, provides that simultaneous detachmen and annexation of lands
can occur when the boundaries of two (2) munic' alities are contiguous and
adjoining one another, and one city desires to de; h and the other city desires to
annex the same parcel; and
WHEREAS, the subject property co lies with the standards for lands
qualifying for simultaneous detachment a d annexation which are set forth in
A.C.A. §14-40-2101; and
WHEREAS, the City of Sprin dale Water and Wastewater Department
has found it impractical for the Ci of Springdale to serve the subject property
with sanitary sewer service; and
WHEREAS, the City Council of Springdale, Arkansas approved
Resolution No. 85-04 on Se tember 14, 2004, declaring that the City has no
objection to the detachmen of the subject property from the City of Springdale;
and
WHEREAS, th necessary services of water and sewer are reasonably
available to the subj9& property or can reasonably be extended by the owners of
the property from t e City of Fayetteville water and sewer mains; and
WHERE S, the subject property is immediately adjacent and contiguous
to lands unde the same ownership that have previously been annexed into the
City of Faye ville from the County.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CPTiY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas
hereby declares its desire to annex approximately 4.66 acres of land owned by
w
qA
(4o-aq
PLO
A � ca, l
Was I��t
PL UJI &A0
C—x. A,
K�� W� Il�ams
PcA. sPn warn
John and Leslie Nooncaster as described in Exhibit "A" if said land/is detached
from the City of Springdale. /
Section 2: That the City Council of the City of
hereby declares that if the City of Springdale concurs
annexation of this land following the statutorily requir
property identified by Exhibit "A" shall be deemed �n
Fayetteville and assigned to Ward Three. /
PASSED and APPROVED this 16kh day
G� v SG•a
;FAYETTEVILLE•
ATTEST: 9�Pke t4sv '
By:
SONDRA SMI�M, City Clerk
yctteville, Arkansas
he detachment and
public hearing, this
:ed into the City of
ovember, 2004.
APPROVED:
DAN COODY, Ma
EXHIBIT "A"
ANX 04-1252
A PART OF THE NORTH HALF (N 1/2) OF THE SOUTHWEST QUARTER (SW
1/4) 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
S8702415"E ALONG THE NORTH LINE OF SAID 20 ACRE TRACT 364.40
FEET; THENCE S02°24'17"W TO A POINT ON THE SOUTH RIGHT OF WAY
OF ALBRIGHT ROAD; THENCE S87°44'24"E ALONG SAID SOUTH RIGHT OF
WAY 281.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID RIGHT OF WAY S87044133"E 64.32 FEET;
THENCE S8604215311E ALONG SAID RIGHT OF WAY 602.95 FEET TO A POINT
IN AN EXISTING FENCE LINE; THENCE S02033159"W ALONG SAID FENCE
LINE 300 FEET; THENCE LEAVING SAID FENCE LINE N87024'15"W 667.37
FEET; THENCE NO2°35'40"E 306.88 FEET TO THE POINT OF BEGINNING,
CONTAINING 4.66 ACRES, MORE OR LESS, WASHINGTON COUNTY,
ARKANSAS.
Washington County, AR
I certify this Instrument was filed on
12/03/2004 11:2e:54 AM
and recorded in Real Estate
FjtgNumber 2004-00049501
efts tan i s - Grcuit Clerk
1111,104
City Council Meeting of November 16, 2004 y� �0 .
Agenda Item Number loew "gJJ,`4'r
CITY COUNCIL AGENDA MEMO'��'���
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: October 26, 2004 www
Subject: Annexation for Nooncaster/Kelly (ANX 04-1252 B) — 4.66 acres
RECOMMENDATION
Planning Staff recommends approval of the requested annexation for Nooncaster/Kelly.
This action will incorporate a 4.66-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. A companion annexation
request addresses the southern three tracts of property which total 9.81 acres and are
located within the City of Fayetteville Planning Area. The subject property consists of
the northern two tracts containing 0.46 and 4.2 acres which are located within Springdale
city limits.
The applicants requested 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 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 CALLING FOR THE SIMULTANEOUS
DETACHMENT OF ABOUT 4.66 ACRES OWNED BY JOHN
AND LESLIE NOONCASTER FROM THE CITY OF
SPRINGDALE, ARKANSAS AND THE ANNEXATION OF THOSE
LANDS INTO THE CITY OF FAYETTEVILLE, ARKANSAS
WHEREAS, A.C.A. §14-40-2101, Simultaneous Detachment and
Annexation, provides that simultaneous detachment and annexation of lands
can occur when the boundaries of two (2) municipalities are contiguous and
adjoining one another, and one city desires to detach and the other city desires to
annex the same parcel; and
WHEREAS, the subject property complies with the standards for lands
qualifying for simultaneous detachment and annexation which are set forth in
A.C.A. §1440-2101; and
WHEREAS, the City of Springdale Water and Wastewater Department
has found it impractical for the City of Springdale to serve the subject property
with sanitary sewer service; and
WHEREAS, the City Council of Springdale, Arkansas approved
Resolution No. 85-04 on September 14, 2004, declaring that the City has no
objection to the detachment of the subject property from the City of Springdale;
and
WHEREAS, the necessary services of water and sewer are reasonably
available to the subject property or can reasonably be extended by the owners of
the property from the City of Fayetteville water and sewer mains; and
WHEREAS, the subject property is immediately adjacent and contiguous
to lands under the same ownership that have previously been annexed into the
City of Fayetteville from the County.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1:
That the City Council of the City of
Fayetteville,
Arkansas
hereby declares
its desire to annex approximately 4.66 acres of land
owned by
John and Leslie Nooncaster as described in Exhibit "A" if said land is detached
from the City of Springdale.
Section 2: That the City Council of the City of Fayetteville, Arkansas
hereby declares that if the City of Springdale concurs in the detachment and
annexation of this land following the statutorily required public hearing, this
property identified by Exhibit "A" shall be deemed annexed into the City of
Fayetteville and assigned to Ward Three.
PASSED and APPROVED this day of November, 2004.
ATTEST:
By:
SONDRA SMITH, City Clerk
By:
APPROVED:
DRAFT
DAN GOODY, Mayor
EXHIBIT "A"
ANX 04-1252
A PART OF THE NORTH HALF (N 1/2) OF THE SOUTHWEST QUARTER (SW
1/4) 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
S87024115"E ALONG THE NORTH LINE OF SAID 20 ACRE TRACT 364.40
FEET; THENCE S0202411711W TO A POINT ON THE SOUTH RIGHT OF WAY
OF ALBRIGHT ROAD; THENCE S87°44'24"E ALONG SAID SOUTH RIGHT OF
WAY 281.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID RIGHT OF WAY S87044133"E 64.32 FEET;
THENCE S860421537fE ALONG SAID RIGHT OF WAY 602.95 FEET TO A POINT
IN AN EXISTING FENCE LINE; THENCE S02033'59"W ALONG SAID FENCE
LINE 300 FEET; THENCE LEAVING SAID FENCE LINE N87024'15"W 667.37
FEET; THENCE NO2°35'40"E 306.88 FEET TO THE POINT OF BEGINNING,
CONTAINING 4.66 ACRES, MORE OR LESS, WASHINGTON COUNTY,
ARKANSAS.
•Iol ►i llwA k"19 =
STAFF REVIEW FORM - NON -FINANCIAL OBLIGATION
AGENDA REQUEST
For the Fayetteville City Council Meeting of: November 16, 2004
FROM:
Dawn T. Warrick
Name
Planning CP&E
Division Department
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
ANX 04-12515
2 (Nooncaster/Kelly, 61): Submitted by Raymond Smith for property located south of Albright
Road. The property is located within the City of Springdale and contains approximately 4.66 acres. The
request is to annex the subject property into the City of Fayetteville subject to the simultaneous detachment
from the City of Springdale.
STAFF RECOMMENDATION: Approval.
Div Sion Head
rty Attorney
Department Director
Finance & Internal Services Dir.
Received in Mayor's Office
D e
/d/3a/aN
Date
�O o Cross Reference:
Date
Previous Ord/Res#:
Date Orig. Contract Date:
0,?k
Date
Date
Orig. Contract Number:
New Item:
on
Yes No
T **4
ev le
ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman Car
City Clerk Division
Date: November 23, 2004
Re: Ord. No, 4642
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
Fax: (479) 718-7695
c ity_cl erk@c i.fayettevil le.a r. us
The City Council passed the above ordinance, November 16, 2004, approving annexation
petition ANX 04-1252B containing approximately 4.66 acres owned by John and Nooncaster. 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
• • MAN
• I • • , •
AFFIDAVIT OF PUBLICATION
I, 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:
was inserted in the regular editions on
"Publication Charge: $. CO
Subscribed and sworn to before me this
day of kdl,IL*X , 2004.
law
Notary Public
�rmaurrrrrrrrt arrrrrrrrrmeeerSt
My Commission;ExRjres: Catherine Salt <(
�4 Notary Public, State ofArkansas;4
y' Washington County
� My Commission Expires 02/27/05 �5
** Please do not pay fro<.Offidavi#cc«ccccc««cccc<«h
An invoice will be sent.
RECEIVED
DEC 0 3 2004
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
ORDINANCE NO. �4
ORDINANCE CALLING FOR THE SIM OZEi-Taye
/��� A
"> DETACHMENT A ABOUT. 41 ACRES OWNEDC G] OJOHN AND LESLE NOONCASTER FROM THE
Y OF SPRINGDALE, ARKANSAS AND THE JERARON OF THOSE LANDS INTO THE CffV OF AKKANSAS
ETTEMLLE, ARKANSA,S
WHEREAS dt , A.C.A. § 14-40-2101,
neoia rleSimultaneous Detachment ardi Ahnsxaticn, pro ides that salons
and annexatbn of Lahore can occur when the bolKWades of [wo (2) munidpyltles are
contiguous and adjnMing one another, and one GN desires to detachnd athe other city desires to annex
tf a Same parcel; and
dWchN m��ard anne;mcn which aro sets os wA.C.As, § q 0Lan; ds QaiNn or simultaneous
and
WHEREAS, the City of Springdale Water and Wastewater Department has found it imprsctical for the
I ttY of Springdale to serve Me subject MIAWy with sanitary sewer sen4ce: and
1�2004, a yang haat the Cif hasrgdab, coon t as a deca tl Resolution No. a5-04 an September
City of Springdale; and N has rro objection to Me defachnrent of thri subject promptly hem the
necessary SaNcBS of
h on reasor�apy be Wended by the water
owners of Cherare yleple to Me subject proper -
Sewer mains; and pvpedy, than Me City of FayetteMile water and
WHE BAS,thesubjectpropertyisImmediateyadjacentandcontiguoustolartlsantlerthesameown-
p that have pnaddusy been annexed into the City of Fayarre 'le fare the County.
NOW, THEREFORE, EE IT ORDAINED EV THE CRY COUNCIL OF THE CRY OF PAVET_
TeW9 THEREFORE,
REFOR ,
t the City
aPWavimetly4. 6 acres of�jan of the City of FeyettaNAe. Wkansas hereby tleclares ks desire to mines,
aa
said Land is cereal from the G'ry oof of Sp q'sohn and Latie Nopncaster as described drgears escdn betl Exhibit"A' e
3ec
3Pdtngoele cwlcurssin the
of the Ctty of Fayetlevllle, Arkansas hereby tledares that if the City IN
c hearing, the p � t&hibsnnexat� Of deem d folbwdng the atstuMrly required pub.
Intl assigned to Ward Three A_
�
etl annexed into the (:ev ,.r
0
e APPROVED this 16th day of Novomber, 2004 D:
THE
EKHIBnr'A'
ANX 04-1252
to] MT-21 • . E RE PM, M, tion RXIM laars== Me I W-WiTNING FeTre ME, -ap
From: Clarice Pearman
To: Pate, Jeremy
Subject: Ord. 4642, 4643, 46562 4657 corrected Ex.A and Ord. 4671 & 4672
Jeremy attached are the above ordinances that had to be corrected because the legal descriptions were
wrong. There will be an extra expense for these type of mistakes to republished and refiled at the
courthouse. Please ask that the legal descriptions are proof very carefully before submitting.
Also attached are the ordinances passed by City Council January 18, 2005.
Thanks.
Clarice
Arkansas DernocrIat
worduveestArkwua4 ,most Wid# Read AfMnpaper"
AFFIDAVIT OF PUBLICATION
li�01 J . rCa do solemnly swear that I am the
Legal Cle of the Arkinihs 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:
bdu'1aIn,) was inserted in the regular editions.on
-o
"" Publication Charge: $ I Q LW
Subscribed and sworn to before me this
` "/ day of 2005.
Notary. Public Sharlene D. Williams
Notary Public
My Commission Expires: State of Arkansas
----My-Eommission Expires
October 18, 2014
•' Please do not pay from Affidavit.
An invoice will be sent.
RECEIVED
JAN 2 4 2005
CITY O+ F -VILLE
CITY CLERK'S OFFICE
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-442-1700 • 479-442-5477 (FAX)
I
ORDINANCE NO. �
AN ORDINANCE GLIJNO {AF,..Of<i THE SIMULT E
ABOIN{488 ACRES OWNED S r
I BY JOHR AND LESL`IE f400NCPSTER, FROM�7}jE aye � eel � h
CRY✓ OION OF 'HOSE
LANDSI INTO
AND :THE 1 'A�PXANSAS
ANNEXATION OARKANS LANDS INTO THE CITY OF
FAVETTEMLLE. ARKANSAB
WN DWAS,-A.CA%§ 14-40-2101, S'urxdla scm DetecMnt leshe Annexation, praAdw that ehrs4ta.
news Eetachrrt adcl neannexation of.lerids can occur when the bamdades of two 12) munbipatiss are
cont4 a end edjdrkv one another, aid one clty desires to detach and the piper city deNrro to annex
Me same parcel: end:.
MNENAE, the subject property cornpllea with the Garda ds tar entls t aalying for artnttarepua
daeohhent axf annexation which are set forth n A.CA. § 14-40-2101; and
WHEREAS, Me City of Sphgdala Water and Was a der Depa tnent has fould it klprecUtal for the
City Of SprYgdale to serve ne subject properly win sahtary sexes sai end
WImiEAS, the Oly CO n l of SpdNdale, Adrenws approved Resolulicn No. 85-04 on Septernber
14, 2004, declaring that the City has ne objection to the datadur env of to abject property froth Me
City of Spri gdoe; and
WHEREAS, the necessary services of water and waver as reavoneNy available to the wbject proper
ty or can reaeerady be extended by the mwters of the property fre n ne City of FeyettWile water ere
sews rnsi and
MKFtEASt to wbjed bmperty is kanadlaw y edjacem aid con iguous to "a uxler the same own
ership that have prevbusy been annexed Into Me City of Fayeftwbe from the Canty.
NOW, THEREFORE, BE R ORDADLED BY THE CITY COUNCIL OF THE CRY OF FAYET-
TFVUAX ARIUNSASr
Section 1: That Me Cty Council of the City of FayelteNlle. A4kersas hereby declares Its des a to annex
approtlmatey 4.W saes of lend a by John are L.wne Noonceeler as bacWbed in Exhibit -A- a
said tend is detached from ne City of Springdale.
Section 2: That the Ohl CLUndI of the City of Fayseevita. Arkansas hereby declares that If the Oty of
Spdrgdae conaus In the daachunent aril annexation of mis tad fdbwing the setworty replied pup
tAetl bbe deemed annexedat y Est" -A' shall eeenexed into th City of Faye
arid swiped to Wad Thvee. Ae PASSED aId APPROVED this 16M clay of November, 2004.
APPROVED:
By.
DAN DOODY III
ATTEST:
BY:
SONORA SPPITII, Cro Clerk
ORD. 4642
CORRECTED
EXHIBrr'A'
ANX 04-1252
A PART OF THE NORTH HALF IN Un OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST
QUARTER (BE 1/4) OF SECTION EIGHTEEN'(18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE
TWENTY-NINE (M WEST BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENONG
AT THE NORTHWEST CORNER OF SAID 20 ACRE TRACT, THENCE S87924'15'E ALONG THE
NORTH LINE OF SAID 20 ACRE TRACT 384.40 FEET; THENCE S02.24'17W 24.77 FEET TO A POINT
ON THE SOUTH RIGHT OF WAY OF ALBPoGHT ROAD; THENCE S87944.24-E ALONG SAID SOUTH
RIGHT OF WAY 281,52 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG
BAD RIGHT OF WAY S87.44'33-E 64.32 FEED, THENCE. S86042-53-E ALONG SAID RIGHT OF WAY
802.95 FEET TO A POINT IN AN EXISTING FENCE LINE: THENCE S02°33'59YJ ALONG SAID FENCE
,LTINE.���30000�� FEET; THENCE LEAVING SAID FENCE LINE N87.24'15W 667.37 FEET; THENCE
/4D2a'39p'E 308.88 FEET TO THE POINT OF BEGINNING, CONTAINING 4,66 ACRES, MOFSROR
LTESS,' ASHINOTON COUNTY. ARWWSAS. d
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF ANNEXATION
OF CERTAIN LANDS TO THE CITY 7r i
OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2004-:M a— o�
cn s c
PETITION FOR ANNEXATION = z
COMES now, John and Leslie Nooncaster and Frank and Ann Kelly, iFa their m
joint Petition for Annexation, state and allege as follows: o c,ND
m n
1. Petitioners John and Leslie Nooncaster are the record title holder o ty� iollov ug
0
described real property situated in Washington County, Arkansas:
A PART OF THE SOUTHWEST QUARTER (SW I/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
S02024104"W ALONG THE WEST LINE OF SAID 40 ACRE TRACT 330.00
FEET TO A POINT ON THE SOUTH CITY LIMITS OF SPRINGDALE,
ARKANSAS. THENCE S87024' 15"E 364.40 FEET ALONG SAID CITY
LIMITS LINE, SAID LINE BEING 330.00 FEET SOUTH OF AND PARALLEL
WITH THE NORTH LINE OF SAID 40 ACRE TRACT TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING ALONG SAID CITY LIMITS LINE
S87024' 15"E 947.85 FEET TO A POINT IN AN EXISTING FENCE LINE;
THENCE S02033'59"W 328.27 FEET TO A FENCE CORNER POST; THENCE
N87013'24"W ALONG SAID FENCE 259.66 FEET TO A FENCE CORNER
POST; THENCE N87°03' 11"W ALONG SAID FENCE 407.55 FEET TO A
FENCE CORNER POST; THENCE N87°21'58"W ALONG SAID FENCE
279.71 FEET; THENCE LEAVING SAID FENCE N02024'04"E 324.77 FEET
TO THE POINT OF BEGINNING, CONTAINING 7.10 ACRES, MORE OR
LESS, WASHINGTON COUNTY, ARKANSAS.
2. Petitioners Frank and Ann Kelly are the record title holders of the following
described real property situated in Washington County, Arkansas:
PETITION FOR ANNEXATION PAGE I
III y U)
y toy )�
A PART OF THE NORTH HALF (N1/2) OF THE SOUTHWEST QUARTER
(SW1/4) 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 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 S02024'04"W 331.31 FEET TO A POINT ON THE
SOUTH LINE OF SAID 20 ACRE TRACT; THENCE N87°31'28"W 364.40
FEET TO THE SOUTHWEST CORNER OF SAID 20 ACRE TRACT; THENCE
N02024'04"E 332.08 FEET TO THE POINT OF BEGINNING, CONTAINING
2.77 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS.
3. All the above -described property is adjacent to and contiguous to the
present boundary line for the City of Fayetteville, Washington County, Arkansas.
4. 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 land and the City of Fayetteville, Arkansas.
5. Pursuant to Arkansas Code Annotated Section 14-40-601 et seq, this Court
has jurisdiction over the subject matter herein, and Petitioners request that the
above -described real property be annexed in and to the City of Fayetteville,
Arkansas.
6. Petitioners further state that Attorney Raymond C. Smith of Fayetteville,
Arkansas, is authorized to act for and on behalf of the Petitioners in all matters
relating to this Petition and subsequent hearing or annexation proceedings. See
PETITION FOR ANNEXATION PAGE 2
Exhibit "A" attached hereto for the authorization.
7. Petitioners request this Court set a date for hearing on this Petition, not less
than thirty (30) days subsequent to the filing of this Petition and further hearings
or annexation proceedings therewith.
WHEREFORE, Petitioners pray that the above -described real property be
annexed to the City of Fayetteville, Washington County, Arkansas, pursuant to the
provisions of applicable Arkansas law, subsequent to a hearing thereon as required
by law; that this Court, by Order, fix a time and place for said hearing not less than
thirty days subsequent to the filing of this Petition; and for all other relief to which
the Petitioners may be entitled.
John and Leslie Nooncaster &
Frank and Ann Kelly
Petitioners
71
By:
R . Smi
Attorney at Law 0135
70 North College Avenue, Suite 11
Fayetteville, Arkansas 72701
(479)521-7011
PETITION FOR ANNEXATION PAGE 3
AUTHORIZATION
We, John and Leslie Nooncaster, authorize Attorney Raymond C. Smith to act
for and on our behalf in all matters relating to the annexation of the real property
described in the foregoing petition, including but not limited to any and all
petitions, applications, hearings, and proceedings before or with the C unty of
Washington and the City of Fayetteville, Arkansas. j ��
John N
Leslie Nooncaster
We, Frank and Ann Kelly, authorize Attorney Raymond C. Smith to act for and
on our behalf in all matters relating to the annexation of the real property described
in the foregoing petition, including but not limited to any and all petitions,
applications, hearings, and proceedings before or with the County of Washington
and the City of Fayetteville, Arkansas.
�0q
Frank Kelly
Ann Kelly
SCHEDULE"A"
PETITION FOR ANNEXATION PAGE 4
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF ANNEXATION
OF CERTAIN LANDS TO THE CITY
OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2004-�
L 6 ; a c
ORDER ;' A, = C,
On this theplfdi f June, 2004, is presented to this Court, the Petition fo `, o i:
co
a
Annexation by Petitioners John & Leslie Nooncaster, and Frank & Ann Kelly Aila ie theme
r
County Court of Washington County, Arkansas, on Jun%�2004. c
Qb
IT IS THEREFORE, CONSIDERED, ORDER, AND ADJUDGED that pursuafir to
Arkansas Code Annotated Section 14-40-602, a hearing on said Petition for Annexation
shall be held in the County Court of Washington County, Arkansas, on the211day of
A
jLU , 2004, at 1`9
• ;3 0 o'clock a.m., and the Clerk of this Court is hereby
directed to issue notice of said hearing as set forth herein which shall be published in the
manner and for the full length of time as required by law.
CO TY JUDGE
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IN THE COUNTY COURT OF WASHINGTON C"IT, ARKANSAS
IN THE MATTER OF
'0'1 RUG36
ANNEXATION OF CERTAIN LANDS TO THE
CITY OF FAYETTEVILLE, ARKANSAS KARfCANJ3,M(�.72 04-24
i �MAR!i
CO. PROBATE CLERK
n / ORDER OF ANNEVATIG.M Telp. X
On thisof_day of August, 2004, this cause comes on to be heard, the Petitioners,
John and Leslie Nooncaster and Frank and Ann Kelly, represented by their
Attorney, Raymond C. Smith of Fayetteville, Arkansas, announcing ready for a hearing
of the cause and there being no protests or objections filed, whereupon, the matter is
submitted to the Court upon the verified petition filed herein, and the oral and
documentary evidence adduced, the Court being well and sufficiently advised finds:
1. The Petition in this cause was filed June 15, 2004, and the Court on June 29, 2004,
fixed August 2, 2004 at 9:30 a.m., as the date of hearing for said cause, and that a full
thirty days notice of hearing was given as required by law and notice of publication is
now on file with the Clerk of this Court and the Court hasjurisdiction of this cause.
2. The Court is satisfied that the allegations of the petition are sustained by the proof,
that the limits of the territory to be annexed have been properly filed, that the property
owner has a freehold interest in the property hereinafter described in the petition and
constitutes the real owner of the area affected.
3. The land proposed to be annexed to the City of Fayetteville, Washington County,
Arkansas in this cause is described as follows:
A PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE
SOUTHEAST QUARTER (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 40 ACRE TRACT; THENCE
0 q ` / q 4 ORDER OF ANNEXATION PAGE 1 OF
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 S0203Y59"W 328.27 FEET TO A FENCE CORNER POST; THENCE
N87013'24"W ALONG SAID FENCE 259.66 FEET TO A FENCE CORNER
POST; THENCE N87°03'11"W ALONG SAID FENCE 407.55 FEET TO A
FENCE CORNER POST; THENCE N87°21'58"W ALONG SAID FENCE
279.71 FEET; THENCE LEAVING SAID FENCE NO2°24'04"E 324.77 FEET
TO THE POINT OF BEGINNING, CONTAINING 7.10 ACRES, MORE OR
LESS, WASHINGTON COUNTY, ARKANSAS.
A PART OF THE NORTH HALF (N1/2) OF THE SOUTHWEST QUARTER
(SW1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION EIGHTEEN
(18). TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY-NINE (29)
WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID 20 ACRE
TRACT; THENCE S02°24'04"W ALONG THE WEST LINE OF SAID 20
ACRE TRACT 330.00 FEET TO THE TRUE POINT OF BEGINNING, SAID
POINT BEING ON THE SOUTH CITY LIMITS OF SPRINGDALE,
ARKANSAS; THENCE 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
EXISTING FENCE LINE; THENCE N87031'28"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.
4. The area is not unusually large and it is contiguous and adjacent to and adjoins the
present corporate limits of the City of Fayetteville, and it is particularly adapted for urban
V v ORDER OF ANNEXATION PAGE 2 OF 3
purposes and this territory should be annexed to and made a part of the City of
Fayetteville, Arkansas.
IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that the
aforesaid real estate situated in Washington County, Arkansas, is hereby annexed to and
made a part of the City of Fayetteville, Arkansas, in accordance with Act No. 1 of the acts
of the Legislature of 1875 of the State of Arkansas and all acts amendatory thereto,
particularly including Act 142 of the Acts of Arkansas for the year 1963, as codified in
Ark. Code Ann. Sec. 14-40-601, et seq, and this Order shall be duly recorded by the Clerk
of Washington County, Arkansas.
CO NTV JUDGE
_'7Sa
ORDER OF ANNEXATION PAGE 3 OF 3
RECEIVED
DEC 07 2
F