HomeMy WebLinkAboutOrdinance 4656•
W e ORDINANCE NO. 4 6 5 6
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AN n ORDINANCE ANNEXING THAT PROPERTY
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DESCRIBED IN ANNEXATION PETITION ANX 04-1222
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AXING TO THE CITY OF FAYETTEVILLE, ARKANSAS,
CF,RTAIN PROPERTY OWNED BY DORIS FAYE ROBERTS
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LOCATED AT THE SOUTH END OF ROBERTS ROAD
CONTAINING APPROXIMATELY 47.13 ACRES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council hereby confirms the annexation to the City of
Fayetteville, Arkansas, of that property described in Exhibit "A" attached hereto and made a part
hereof.
Section 2: The official map of the City of Fayetteville, Arkansas, is hereby amended
to reflect the change provided in Section I above.
Section 3: That the official zoning map of the City of Fayetteville, Arkansas is
hereby amended to assign the zoning designation of R-A, Residential Agricultural to the subject
property.
Section 4: That the above -described property is hereby assigned to Ward No. One.
PASSED and APPROVED this 2I't day of December, 2004.
V.•�\SY OAc •GF
;FAYETTEVILLE'
ATTEST: __... .
By: QAAJI
SONDRA SMITH, City Clerk
By:
Doc ID: 008123570002 Tvpe: REL
Recorded: 02/01/2005 at 02:07:20 PM
Fee Amt: $11.00 Pace 1 of 2
Washlnoton Countv. AR
Bette Stampe Circuit Clerk
F11e2005-00004787
I
ecaooy-a
• 0
CORRECTED
EXHIBIT "A"
ANX 04-1222
A PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4)
AND A PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST QUARTER (SW
1/4) AND A PART OF THE FRACTIONAL NORTHWEST QUARTER (NW 1/4) OF THE
SOUTHWEST QUARTER ALL IN SECTION NINETEEN (19), TOWNSHIP SIXTEEN (16) NORTH,
RANGE TWENTY NINE (29) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID NE 1/4, SW 1/4, SAID POINT
BEING A
FENCE CORNER POST; THENCE SOUTH 02°48'58" WEST-1319.26 FEET TO THE SOUTHEAST
CORNER OF SAID NE 1/4, SW 1/4; THENCE CONTINUING SOUTH 02°48'58" WEST-374.03
FEET; THENCE SOUTH 62°50' 13" WEST-442.88 FEET TO THE CENTERLINE OF A
CREEK;
THENCE ALONG SAID CENTERLINE THE FOLLOWING: NORTH 21°29'33" EAST-5.11
FEET;
THENCE NORTH 28014'41" EAST-147.59 FEET; THENCE NORTH 34012'43" EAST-87.33
FEET;
THENCE NORTH 0100T38" EAST-36.74 FEET; THENCE NORTH 16°43'40"WEST-36.79
FEET;
THENCE NORTH 0300T55" EAST-66.54 FEET; THENCE NORTH 26°12'26" EAST-52.57
FEET;
THENCE NORTH 04001'57" WEST-41.85 FEET; THENCE NORTH 49050'35" WEST-39.27
FEET;
THENCE NORTH 220025563' WEST-39.91 FEET; THENCE NORTH 07015'43" EAST-95.90
FEET;
THENCE LEAVING SAID CENTERLINE NORTH 87003'06" WEST-1,008.35 FEET
TO THE
SOUTHWEST CORNER OF SAID NE 1/4, SW 1/4; THENCE CONTINUING NORTH
87°03'06"
WEST 448.02 FEET; NORTH 02°48'02"EAST-752.12 FEET, SAID POINT LYING
IN THE
CENTERLINE OF GOFF FARM ROAD; THENCE NORTH 58°55'30" EAST-539.81 FEET;
THENCE
SOUTH 02048'33" WEST-241.62 FEET; THENCE SOUTH 87°19'12" EAST-209.95 FEET;
THENCE
SOUTH 02046'33" WEST-79.00 FEET; THENCE SOUTH 87°19'12" EAST-210.02 FEET;
THENCE
NORTH 0203T16" EAST-576.27 FEET TO A FENCE CORNER POST ON THE NORTH
LINE OF
SAID NE 1/4, SW 1/4; THENCE ALONG SAID LINE SOUTH 8731'41" EAST-902.17
FEET TO
THE POINT OF BEGINNING, CONTAINING 47.13 ACRES, MORE OR LESS.
0
Washington County, AR
I certify this instrument was filed on
0210112005 02:07:20 PM
and recorded in Real Estate
File Number 2005-00004 87
Bette Stamp Circuit Cl rk
by
ore( 114ye
FILED
.�y JUL
19 P IN THE COUNTY COURT OF WASHIN197, Fj COUNTY A"SAS
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M'.;5�v:,084rE C/'C/14Rn
DORIS F. ROBERTS, TRUSTEE n: /( u
of the Doris Faye Robers Trust u/d 10-16-98 �' '"�f\. PETITIONER
NO, CC 2004-CW
PETITION FOR ANNEXATION
Come now the Petitioner, Doris F. Roberts, Trustee of the Doris Faye Roberts Trust u/d
dated 10-16-98, and for her petition herein alleges and states as follows:
That Petitioner is the record title holder of a parcel of real estate contiguous to and
adjoining the City of Fayetteville, Washington County, Arkansas, more particularly described as
follows:
A part of the Northeast Quarter (NE%4) of the Southwest Quarter (SW'/4) and a
part of the Southeast Quarter (SE'/4) of the Southwest Quarter (SW'/a) and a part
of the Fractional Northwest Quarter (NW'/4) of the Southwest Quarter all in
Section Nineteen (19), Township Sixteen (16) North, Range Twenty-nine (29)
West, Washington County, Arkansas, being more particularly described as
follows:
Beginning at the Northeast Corner of said NE'/4, SW%4, said point being a fence
corner post; thence South 02°48'58" West - 1,319.26 feet to the Southeast corner
of said NE%4, SW'/4; thence continuing South 02°48'58" West - 374.03 feet; thence
South 62°50'13" West - 442.88 feet to the centerline of a creek; thence along said
centerline the following: North 21°29'33" East - 5.11 feet; thence North 28°14'41"
East - 147.59 feet; thence North 34° 12'43" East - 87.33 feet; thence North
O1°07'38" East - 36.74 feet; thence North 16°43'40" West - 36.79 feet; thence
North 03°02'55" East - 66.54 feet; thence North 26° 12'26" East - 52.57 feet;
thence North 04*01'57" West - 41.85 feet; thence North 49°50'35" West - 39.27
feet; thence North 22°02'56" West - 39.91 feet; thence North 07015'43" East -
95.90 feet; thence leaving said centerline North 87°03'06" West - 1,008.35 feet to
the Southwest Cotner of said NE'/4, SWl/4; thence continuing North 87°03'06"
West 448.02 feet; North 02°48'02" East - 752.12 feet, said point lying in the
centerline of Goff Farm Road; thence North 58°55'30" East - 539.81 feet; thence
South 02°48'33" West - 241.62 feet; thence South 87°19'12" East - 209.95 feet;
thence South 02°46'33 West - 79.00 feet; thence South 87°19'12" East - 210.02
feet; thence North 02'32'16" East - 576.27 feet to a fence comer post on the North
line of said NE'/4, SW'/4; thence along said line South 87°31'41" East - 902.17 feet
to the POINT OF BEGINNING, containing 47.13 acres, more or less.
2. That the above described property is situated in Washington County, Arkansas,
and the Petitioner owns all of the above described land and desires to have the above described
property annexed to the City of Fayetteville, Washington County, Arkansas, and authorizes the
firm of Cypert, Crouch, Clark and Harwell, or their agents, of Springdale, Arkansas to act on her
behalf to prepare and file any pleadings, publish any notices, and make any appearance before
this or any other court, or to perform any other service required to effect such annexation.
3. Attached hereto is a plat showing the subject property with reference to the
boundary line of the City of Fayetteville, Arkansas.
WHEREFORE, petitioner prays that this court set a date for a hearing on this petition, not
less than 30 days after the date of filing herein, and that at such hearing this court enter its order
granting the petition annexing the above described land to the City of Fayetteville, Arkansas.
DORIS F. ROBERTS, TRUSTEE
of the Doris Faye Roberts Trust u/d dated 10-16-98
Petitioner
CYPERT, CROUCH, CLARK & HARWELL
Her Attorneys
111 Holcomb Street
P.O. Box 1400
Springdale, AR 72765-1400
479/ 751-5222
M us . Van Trelt, ABX #94021
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FILED
IN THE COUNTY COURT OF WASHINGTON COUNM4k"APM 3 51
DORIS F. ROBERTS, TRUSTEE UO!':1+ C0v.111a Tp�R RC
of the Doris Faye Robers Trust u/d 10-16-98 Co. & p1�ICt-�
NO. CC 2004-�
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ORDER
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On this If day of 2004, is presented to this court the pet-1 of Co
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owner of the following described property, praying that this court annex to-thaoj)oraW' limits of
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the City of Fayetteville, the following described property in Washington County, Arkansas:
A part of the Northeast Quarter (NE'/4) of the Southwest Quarter (SW'/4) and a
part of the Southeast Quarter.(SE'/4) of the Southwest Quarter (SW'/4) and a part
of the Fractional Northwest Quarter (NW'/4) of the Southwest Quarter all in
Section Nineteen (19), Township Sixteen (16) North, Range Twenty-nine (29)
West, Washington County, Arkansas, being more particularly described as
follows:
Beginning at the Northeast Corner of said NE'/4, S W'/4, said point being a fence
corner post; thence South 02°48'58" West - 1,319.26 feet to the Southeast corner
of said NE'/4, SW'/4; thence continuing South 02°48'58" West - 374.03 feet; thence
South 62°50'13" West - 442.88 feet to the centerline of a creek; thence along said
centerline the following: North 21°29'33" East - 5.11 feet; thence North 28°14'41"
East - 147.59 feet; thence North 34° 12'43" East - 87.33 feet; thence North
01°07'38" East - 36.74 feet; thence North 16°43'40" West - 36.79 feet; thence
North 03°02'55" East - 66.54 feet; thence North 26°12'26" East - 52.57 feet;
thence North 04'01'57" West - 41.85 feet; thence North 49°50'35" West - 39.27
feet; thence North 22°02'56" West - 39.91 feet; thence North 07015143" East -
95.90 feet; thence leaving said centerline North 87°03'06" West - 1,008.35 feet to
the Southwest Comer of said NE'/4, SW'/4; thence continuing North 87°03'06"
West 448.02 feet; North 02°48'02" East - 752.12 feet, said point lying in the
centerline of Goff Farm Road; thence North 58055130" East - 539.81 feet; thence
South 02°48'33" West - 241.62 feet; thence South 87019'12" East - 209.95 feet;
thence South 02°46'33" West - 79.00 feet; thence South 87°19'12" East - 210.02
feet; thence North 02°32'16" East - 576.27 feet to a fence comer post on the North
line of said NE'/4, SW%4; thence along said line South 8731'41" East - 902.17 feet
to the POINT OF BEGINNING, containing 47.13 acres, more or less.
lvar,_ �53
On theto day of 2004, at i3O, ;Af a.m. a hearing will be held in
the office of the County Judge in the Washington County Courthouse, Fayetteville, Arkansas. At
such time and place all persons interested in the annexation of the lands described to the City of
Fayetteville, Arkansas, either for or against, shall be present and shall be heard. After said
hearing, the court shall enter its order granting or denyin said petition.
o ty J yge
wa- `l5�
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
DORIS F. ROBERTS, TRUSTEE
of the Doris Faye Robers Trust u/d 10-16-98 -YETITIONER
CD
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NO. CC 2004-OT F' ;, r T o c r
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NOTICE y+ 3
11t o c>
Notice is hereby given that, on the day of , 2004, a petii was fi eM by
the owner of the lands hereinbelow described, praying that said lands be annexed to the City of
Fayetteville, Arkansas, and which lands are more particularly described as follows:
A part of the Northeast Quarter (NEY4) of the Southwest Quarter (SW Y4) and a
part of the Southeast Quarter (SE'/4) of the Southwest Quarter (SW'/4) and a part
of the Fractional Northwest Quarter (NW Y4) of the Southwest Quarter all in
Section Nineteen (19), Township Sixteen (16) North, Range Twenty-nine (29)
West, Washington County, Arkansas, being more particularly described as
follows:
Beginning at the Northeast Comer of said NE'/4, SWY4, said point being a fence
corner post; thence South 02°48'58" West - 1,319.26 feet to the Southeast corner
of said NEY4, SW'/4; thence continuing South 02°48'58" West - 374.03 feet; thence
South 62'50'13" West - 442.88 feet to the centerline of a creek; thence along said
centerline the following: North 21°29'33" East - 5.11 feet; thence North 28°14'41"
East - 147.59 feet; thence North 34°12'43" East - 87.33 feet; thence North
O1°07'38" East - 36.74 feet; thence North 16°43'40" West - 36.79 feet; thence
North 03°02'55" East - 66.54 feet; thence North 26°12'26" East - 52.57 feet;
thence North 04'01'57" West - 41.85 feet; thence North 49°50'35" West - 39.27
feet; thence North 22°02'56" West - 39.91 feet; thence North 07015143" East -
95.90 feet; thence leaving said centerline North 87°03'06" West - 1,008.35 feet to
the Southwest Comer of said NE'/4, SW'/4; thence continuing North 87'03'06"
West 448.02 feet; North 02°48'02" East - 752.12 feet, said point lying in the
centerline of Goff Farm Road; thence North 58055130" East - 539.81 feet; thence
South 02°48'33" West - 241.62 feet; thence South 87°19'12" East - 209.95 feet;
thence South 02046'33" West - 79.00 feet; thence South 87019'12" East - 210.02
feet; thence North 02°32'16" East - 576.27 feet to a fence comer post on the North
line of said NE'/4,
SWY4; thence
along said line
South 873V41" East - 902.17 feet
to the POINT OF
BEGINNING,
containing 47.13
acres, more or less.
Notice is further given that County Judge Jerry Hunton ordered that a hearing be held on
said petition in the office of the County Judge in the Washington County Courthouse,
Fayetteville, Arkansas at �0 U a.m. on the a7 3 day of 2004.
WITNESS my hand and seal as County Clerk of Washington County, this day of
2004.
County cld� O C
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IN THE COUNTY COURT OF WASHINGTON COUNTY, Al2RANSASb rn
DORIS F. ROBERTS, TRUSTEE x s
x �
of the Doris Faye Robers Trust u/d 10-16-98PETITIONER
NO. CC 2004- d g
ORDER OF ANNEXATION
On this 23rd day of August, 2004, comes on to be heard the petition of the owner of the
following described property in Washington County for its annexation to the City of Fayetteville,
Arkansas:
A part of the Northeast Quarter (NE'/4) of the Southwest Quarter (SW%4) and a
part of the Southeast Quarter (SE'/4) of the Southwest Quarter (SW %4) and a part
of the Fractional Northwest Quarter (NW Y4) of the Southwest Quarter all in
Section Nineteen (19), Township Sixteen (16) North, Range Twenty-nine (29)
West, Washington County, Arkansas, being more particularly described as
follows:
Beginning at the Northeast Corner of said NEY4, SWY4, said point being a fence
corner post; thence South 02°48'58" West - 1,319.26 feet to the Southeast corner
of said NE'/4, SWY4; thence continuing South 02°48'58" West - 374.03 feet; thence
South 62°50'13" West - 442.88 feet to the centerline of a creek; thence along said
centerline the following: North 21°29'33" East - 5.11 feet; thence North 28°14'41"
East - 147.59 feet; thence North 34012'43" East - 87.33 feet; thence North
01°07'38" East - 36.74 feet; thence North 16°43'40" West - 36.79 feet; thence
North 03°02'55" East - 66.54 feet; thence North 26°12'26" East - 52.57 feet;
thence North 04'01'57" West - 41.85 feet; thence North 49°50'35" West - 39.27
feet; thence North 22°02'56" West - 39.91 feet; thence North 07°15'43" East -
95.90 feet; thence leaving said centerline North 87°03'06" West - 1,008.35 feet to
the Southwest Comer of said NEY4, SWY4; thence continuing North 87°03'06"
West 448.02 feet; North 02°48'02" East - 752.12 feet, said point lying in the
centerline of Goff Farm Road; thence North 58°55'30" East - 539.81 feet; thence
South 02°48'33" West - 241.62 feet; thence South 87°19'12" East - 209.95 feet;
thence South 02°46'33" West - 79.00 feet; thence South 87019'12" East - 210.02
feet; thence North 02°32'16" East - 576.27 feet to a fence comer post on the North
line of said NEY4, SWY4; thence along said line South 87°31'41" East - 902.17 feet
to the POINT OF BEGINNING, containing 47.13 acres, more or less.
wA-S60
and it appearing to the court that notice of this hearing has been given for three consecutive
weeks by publication in The Morning News, a newspaper of general circulation in the County, as
provided by law; that the territory proposed to be annexed is accurately described in said petition
and the plat attached hereto is declared to be the plat of said property and said property should be
annexed to the City of Fayetteville, Washington County, Arkansas, as prayed.
NOW THEREFORE, IT IS BY THE COURT CONSIDERED AND ORDERED that the
territory hereinabove described be and is hereby annexed to the City of Fayetteville, Washington
County, Arkansas, and that the petitioners pay the cost of this proceeding and that the plat
attached hereto is declared to be the plat of the property annexed.
ou ty Jr ge
HOM
Charlie Daniels
Secretary of State
February IS, 2003
The Honorable Karen Combs Pritchard
Washington County Clerk
280 North College Avenue, Suite 300
Fayetteville, AR 72701.
(THU)FEB 17 2005 11r00;"sT.1pr59/4o.881oi084"z6 P 2
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Dear Ms. Pritchard:
The Following Information has.heen recorded and filed in the Office of the Secretary of State:
Date: 02/14/2005 County: Washington City: Fayetteville
Annexation: Ordinance No.- 4656
Co. Order No CC-2004-28
Plat X
Election
Island
Incorporation: Ordinance No.
Co. Order No.
Plat
Election
Census Information
1 st Class City
2rd Class City
incorporated Town
I have forwarded this information to the Arkansas Municipal League. if you have any further
questions please do not hesitate to contact me at 1-800-482-1127 or 6$2`-3452
Sincc-erreely-, . .
4v �
Tena Arnold
Election Services Representative
Room 296 State Capitol a tattle Rock. Arkansas 72201,1094
501-682.1010 a fart 50T-682.3510-
eama8: arsositsostnall.state.m us a www.30s.arknnsa5-00r
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City Council MeetinlOf December 21, 2004 .'i (w �
Agenda Item Number
CITY COUNCIL AGENDA MEMO �x P� Lfi�400
To: Mayor and City Council
Thru: 'Gary Dumas, Director of Operations
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: December 03, 2004
Subject: Annexation for Doris Roberts (ANX 04-1222)
RECOMMENDATION
Planning Staff recommends approval of the requested annexation for Doris Roberts, a
47.13-acre tract located on Roberts Road east of Fayetteville. This action will
incorporate the 47.18-acre tract of land contiguous with the city limits into the City of
Fayetteville.
BACKGROUND
The subject property contains approximately 47.13 acres of agricultural property located
south of Huntsville Road, south and east of Roberts Road/Goff Farm Road. It is
surrounded on the north and east by land in the Planning Area, on the south by land
zoned RSF-4, and property to the east both in the Planning Area, zoned R-A, and zoned
RSF-4. Floodway and floodplain from a West Fork of the White River tributary is located
on the easternmost portion of the site. Numerous single family developments are under
construction in the nearby vicinity, immediately south and west of the property.
The applicant requests annexation of the property into the City of Fayetteville. A
rezoning request has also been submitted, for RSF-4 zoning. The applicant intends to
develop a single family residential subdivision within the City of Fayetteville.
Staff recommends approval of the proposed annexation. The subject property is adjacent
to the City limits, will create an appropriate City boundary, and the future development of
single family residential is consistent with adjoining developments both in terms of
density and compatibility.
This item was heard at the regular Planning Commission on November 22, 2004.
Discussion involved both the need for street improvements for surrounding streets and
roads in the area at the time of development and emergency response time which should
decrease if the Fire Station/Tyson Property is approved by the City Council. Other single
family subdivisions are developing in the area and are located within the city limits, to
which emergency service personnel already respond. The Planning Commission voted 6-
0 in favor of the annexation.
ORDINANCE NO,
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 04-1222
ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS,
CERTAIN PROPERTY OWNED BY DORIS FAYE ROBERTS
LOCATED AT THE SOUTH END OF ROBERTS ROAD
CONTAINING APPROXIMATELY 47.13 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. One.
PASSED
AND APPROVED this
day of
2004.
APPROVED:
Dan Coody, Mayor
ATTEST:
By:
Sondra Smith, City Clerk
•
EXHIBIT "A"
ANX 04-1222
A PART OF
THE NORTHEAST QUARTER (NE'/a)
OF THE SOUTHWEST QUARTER (SW
'/a) AND
A PART OF
THE SOUTHEAST QUARTER (SE'/a)
OF THE SOUTHWEST QUARTER (SW
'/a) AND
A PART OF THE FRACTIONAL NORTHWEST
QUARTER (NW '/4) OF THE SOUTHWEST
QUARTER
ALL IN SECTION NINETEEN (19),
TOWNSHIP SIXTEEN (16) NORTH,
RANGE
TWENTY
NINE (29) WEST, WASHINGTON COUNTY, ARKANSAS, BEING
MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID NE ''/4, SW ''/a, SAID POINT
BEING A
FENCE CORNER POST; THENCE SOUTH 02°48'58" WEST-1319.26 FEET TO THE SOUTHEAST
CORNER OF SAID NE ''/a, SW '/e; THENCE CONINUING SOUTH 02'48'58" WEST-374.03
FEET;
THENCE SOUTH 62050'13" WEST-442.88 FEET TO THE CENTERLINE OF A CREEK;
THENCE
ALONG SAID CENTERLINE THE FOLLOWING: NORTH 21°29'33" EAST-5.11 FEET;
THENCE
NORTH 28014'41" EAST-147.59 FEET; THENCE NORTH 34°12'43" EAST-87.33 FEET;
THENCE
NORTH 01007'38" EAST-36.74 FEET; THENCE NORTH 16°43'40"WEST-36.79 FEET;
THENCE
NORTH 03002'55" EAST-66.54 FEET; THENCE NORTH 26°12'26" EAST-52.57 FEET;
THENCE
NORTH 04001757" WEST-41.85 FEET; THENCE NORTH 49°50'35" WEST-39.27 FEET;
THENCE
NORTH 22002'56" WEST-39.91 FEET; THENCE NORTH 07°15'43" EAST-95.90 FEET;
THENCE
LEAVING SAID CENTERLINE NORTH 8700Y06" WEST-1,008.35 FEET TO THE SOUTHWEST
CORNER OF SAID NE '/4, SW '/<; THENCE CONTINUING NORTH 87003'06" WEST-1008.35 FEET
TO THE WEST 448.02 FEET; NORTH 02°48'02"EAST-752.12 FEET, SAID POINT LYING IN THE
CENTERLINE OF GOFF FARM ROAD; THENCE NORTH 58°55'30" EAST-539.81 FEET;
THENCE
SOUTH 02048'33" WEST-241.62 FEET; THENCE SOUTH 87°19'12" EAST-209.95 FEET;
THENCE
SOUTH 02046'33" WEST-79.00 FEET; THENCE SOUTH 87°19'12" EAST-210.02 FEET;
THENCE
NORTH 02032' 16" EAST-576.27 FEET TO A FENCE CORNER POST ON THE NORTH
LINE OF
SAID NE '/<, SW '/<; THENCE ALONG SAID LINE SOUTH 87°31'41" EAST-902.17 FEET TO THE
POINT OF BEGINNING, CONTAINING 47.13 ACRES, MORE OR LESS.
1
9 1 TayCtle
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of November 22, 2004
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Senior Planner
THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator
DATE: November 17, 2004
ANX 04-1222: Annexation (DORIS ROBERTS, 608): Submitted by BRAD BRUNS for
property located at THE SOUTH END OF ROBERTS ROAD. The property is in the Planning
Area and contains approximately 47.13 acres. The request is to annex the subject property into
the City of Fayetteville.
Property Owner: DORIS FAYE ROBERTS Planner: JEREMY PATE
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 0 Denied
Date: November 17,2004
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date:; December 07; 2004
BACKGROUND:
Property description: The subject property contains approximately 47.13 acres of agricultural
property located south of Huntsville Road, south and east of Roberts Road/Goff Farm Road.
Stonebridge Meadows Subdivision I is not far to the west, and Phases II and III adjoin the
property to the west and south. Bridgedale Subdivision is located just north and west of the
property, and the remaining surrounding property is developed with single family homes and
agricultural land. The subject tract is surrounded on the north and east by land in the Planning
Area, on the south by land zoned RSF-4, and property to the east both in the Planning Area,
zoned R-A, and zoned RSF-4. Floodway and floodplain from a West Fork of the White River
tributary is located on the easternmost portion of the site.
K.Weport;00041PC Reponvlll-22-04WNX04-1111(DOMS RORERTS).doc
Stonebridge Meadows S/D II and III are subdivisions within the City of Fayetteville directly to
the south and west, currently under construction. Adjacent to the south boundary of the subject
property is a 15-acre tract intended for future elementary school and city park use. Approximately
5.45 acres is approved to be dedicated for a city park along the West Fork, with the remaining
land area to be developed in the future.
Request: The request is to annex the subject property into the City of Fayetteville.
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 47.13 acres to RSF-4, Residential Single Family, 4 Units per Acre. The rezoning
request, RZN 04-1280, is an accompanying item to this annexation request.
Property that is developed and/or subdivided in the Planning Area of the City of Fayetteville, outside
of the city limits, does not allow for the enforcement of many regulations required within the City.
When property that is consistent with the General Plan 2020 and the City's guiding policy of
annexation is incorporated into the city and developed, a uniform and consistent standard of
development includes the following:
• Compatibility in land use and development standards
Ability to plan future capital improvements
• Ability to require the same level of infrastructure improvements required for new
development within these areas as required within the City
Less confusion for public safety - police and fire — who responds
Police Protection
Fire Protection
Trash Service
• Sewer service
Water service
• Street standards (curb and gutter) and construction specifications
• Sidewalks, based on the Master Street Plan
• Street lights
• Grading and Drainage review
• Detention
• Zoning Regulations (setbacks, bulk and area requirements, land use)
Code enforcement
• Tree Preservation
Parks land dedication
Without appropriate annexation, developers of property in the Planning Area are offered water
service from the City of Fayetteville, but have none of the other regulatory responsibilities for
development. Many of the public services offered to citizens of Fayetteville in adjacent properties are
not offered to those beyond the city limits. In some cases, new subdivisions adjacent to one another
have very different street construction, creating problems with transition and the establishment of an
efficient network of infrastructure. Property that develops directly adjacent to the city limits is
K:IRepora120041PC Reporalll-21-0414NX 04-1222 (DOR1S ROBERTS).do
IE
required to develop within City specifications for street construction. However, other requirements
such as parks, detention, grading and drainage, zoning/land use and tree preservation are not within
the City's ability to control.
Recommendation: Staff recommends approval of the proposed annexation. Should the
annexation request be approved, 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
Single family homes,
Planning Area
agricultural use
South
Stonebridge Meadows S/D II,
RSF-4, Residential Single Family, 4 units/acre
III, parkland, potential future
school property
East
West Fork of the White River,
Planning Area
agricultural land
West
Single family residential, golf
RSF-4, Residential Single Family, 4 units/acre,
course, agricultural
R-A, Planning Area
INFRASTRUCTURE:
Streets: Currently the site has access to Goff Farm 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. Roberts Road to the north will need to be
improved to a 20' minimum paved surface. Specific street improvements will be
evaluated based on the development proposed, to meet ordinance requirements.
Water: The site currently does have access to public water. The nearest water main is a 6"
main to the north along Goff Farm Road and Roberts Road. Water service will
need to be extended within the property at the time of development.
Sewer: The site currently does not have access to sanitary sewer. An off -site sewer main
extension will be required to serve this development. There is a 6" sewer main to
the north, and an 8" main to the west in the Stonebridge Meadows Subdivision. A
capacity analysis of the sewer lines downstream of the site shall be conducted
prior to development.
Fire: The subject property is located 3.4 miles from Fire Station #5. Normal driving
time is 8-9 minutes. The property is located 2.5 miles from the future Fire Station
#3. Normal driving time is 5-6 minutes.
Police: It is the opinion of the Fayetteville Police Department that this annexation will
not substantially alter the population density and thereby undesirably increase the
load on police services.
K:IRepora;20041PC Reporat 11-22-04NNX 04-1222 (DOR1S RORER7S).doc
1 •
LAND USE PLAN: General Plan 2020 designates this site 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 of unincorporated property;
The City limits extend further south and west of the subject property in this
vicinity.
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 along its west and
south boundaries.
11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not
divide.
Finding: This area does not divide neighborhoods. A new subdivision is under
construction to the south (Stonebridge Meadows II/111); the portion of this
subdivision along the south border of the subject property is designated as
parks land and potential land for a future elementary school.
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 8 to 9 minutes for fire
protection from Fire Station #5 and 5 to 6 minutes from the future Fire
Station #3. The property has access to a 6" water main to the west. An
extension of the water main will be required to provide water supply and fire
protection within any development on this property. The City Council at its
Nov. 16 meeting voted 7-1 in favor of the purchase of the Tyson Facility on
Huntsville Road for emergency service purposes. Imminent plans include a
new fire station to serve this area of town, a funded and planned project.
K. IBeporv12004IPC Reporull f-22-04W IVX 04-1222 (DONS ROBERTS).doc
Sewer service is being extended for development in the area; the site does not
currently have direct access to this service and in order to develop will be
extending sewer lines to the property in accordance with city ordinance.
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: Floodplain and floodway associated with the West Fork of the White River is
located along the eastern and south boundary of the property. This site's
conditions will be best addressed through application of the City's stormwater,
grading, and drainage regulations.
EMERGENCY AND PUBLIC SERVICES
11.6.g Public services must be able to be provided efficiently in newly annexed areas.
Finding: Water and sewer lines are accessible in the near vicinity. The police department
reports that current levels of service would not be compromised and that
coverage in this area can be provided for this request, though the impact from a
sum total of increase in population density has caused an increase in service
calls. Fire service may also be provided to the site with current and projected
fire stations.
11.6.h Annexed areas should receive the same level of service of areas already in the city
limits.
Finding: Fire and police service are to be provided to this area with the same level of
response and service as other developments in this area. Sewer and water
improvements to the area in general will be provided for with the development
of the property in question.: .
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 from public service providers 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.' IReportr120MPC Reporat/ 1-12-04W NX 04-1222 (DORIS ROBERTS).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. As it exists currently, annexation of the property
would not require the upgrading of utilities, unless and until additional
development that increases the demand on public services is proposed.
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: N/A
11.6.n Establish agreements to.address regional concerns, such as water, stormwater and
sewer.
Finding: N/A
ADMINISTRATION OF ANNEXATIONS
11.6.o Designate zoning districts for the property during the annexation process.
Finding: Annexations are automatically zoned R-A, Residential Agricultural. The
applicant is requesting to rezone to RSF-4, Residential single family, 4
units/acre. This zoning designation is compatible with surrounding developed
property and the Residential classification of the area on the City's adopted
Future Land Use Plan.
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.
11.6.q Development proposals require a separate review from the annexation proposals.
k Repora110041PC Reportelll-11-04WNX 04-1221(DOMS ROREWS).doc
Finding: At the time the owner desires to develop or subdivide this property, the
applicant will be required to submit a proposal 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 of this property will create acceptable boundary for the City of
Fayetteville, avoiding the creation of any island or peninsula.
11.6.t Conduct a fiscal impact assessments on large annexations.
Finding: A fiscal impact assessment has not been conducted for this property.
K: IReportvQ004NC ReporaIII-22-04W NX 04-l222 (DOHS ROBERTS).doc
From Fayetteville General Plan 2020 — 2002 Revision
11.6 Annexation Guiding Policies
Boundaries
11.6.a Annex existing islands and peninsulas and do not annex areas that would create an island or
peninsula.
11.6.b Proposed annexation area most be adjacent, or contiguous, to city limits.
11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide.
11.6.d Boundaries for annexed areas should follow natural corridors.
11.6.e Timing of services within annexation areas should be considered.
Environmentally Sensitive Areas
11.6. f Annex environmentally sensitive areas that could be impacted by development and utilize
appropriate development regulations to protect those areas.
Emergency and Public Services
11.6.g Public services must be able to be provided efficiently in newly annexed areas.
11.6.h Annexed areas should receive the same level of service of areas already in the city limits.
11.6.i The ability to provide public services should be evaluated in terms of equipment, training of
personnel, number of units and response time.
Infrastructure and Utilities
11.6.j Areas currently served by utilities and other public services should be annexed.
11.61 Proposed annexation areas should not require the upgrading of utilities to meet the demands of
development unless there is a threat to public safety.
11.6.1 Phased annexation should be initiated by the City within active annexation areas based on planned
service extensions or availability of services.
Intergovernmental Relations
11.6.m Promote long-range planning with adjacent jurisdictions.
11.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer.
Administration of Annexations
11.6.o Designate zoning districts for the property during the annexation process.
11.6.p An annexation study should be completed on all annexation proposals.
11.6.q Development proposals require a separate review from the annexation proposals.
11.6.r Residents should be fully informed of annexation activities.
11.6.w Encourage larger annexations to create acceptable boundaries.
11.6.t Conduct a fiscal impact assessments on large annexations.
K: Weporut2004PC Reporulll-22-0414NX 04-1222 (DONS ROBEM).doc
IN THE COUNTY COURT O "�IJIINGTON qTY, ARKANSAS
CoIV,. PROS HRS pR/T
ils
DOof S SDF'Faye
a Robers Trust u d 10-16-98�1' ERTS9 TRUSTEE�O�r OCQRi(np� PETITIONER
NO. CC 200442 X
PETITION FOR ANNEXATION
Come now the Petitioner, Doris F. Roberts, Trustee of the Doris FayeRoberts Trust u/d
dated 10-16-98, and for her petition herein alleges and states as follows:
That Petitioner is the record title holder of a parcel of real estate contiguous to and
adjoining the City of Fayetteville, Washington County, Arkansas, more particularly described as
follows:
A part of the Northeast Quarter (NE%4) of the Southwest Quarter (S W%) and a
part of the Southeast Quarter (SE%4) of the Southwest Quarter (SW %4) and a part
of the Fractional Northwest Quarter (NW %4) of the Southwest Quarter all in
Section Nineteen (19), Township Sixteen (16) North, Range Twenty-nine (29)
West, Washington County, Arkansas, being more particularly described as
follows:
Beginning at the Northeast Comer of said NE%4, S W %4, said point being a fence
comer post; thence South 02°48'58" West - 1,319.26 feet to the Southeast comer
of said NE'/4, SW'/4; thence continuing South 02°48'58 West - 374.03 feet; thence
South 62'50' 13" West - 442.88 feet to the centerline of a creek; thence along said
centerline the following: North 21°29'33" East - 5.11 feet; thence North 28°14'41"
East - 147.59 feet; thence North 34° 12'43" East - 87.33 feet; thence North
01°07'38" East - 36.74 feet; thence North 16°43'40" West - 36.79 feet; thence
North 03°02'55" East - 66.54 feet; thence North 26°12'26" East - 52.57 feet;
thence North 04'01'57" West - 41.85 feet; thence North 49°50'35" West - 39.27
feet; thence North 22002'56" West- 39.91 feet; thence North 07'15'43" East -
95.90 feet; thence leaving said centerline North 87003106" West - 1,008.35 feet to
the Southwest Comer of said NE'/4, SW%4; thence continuing North 87°03'06"
West 448.02 feet; North 02048'02" East - 752.12 feet, said point lying in the
centerline of Goff Farm Road; thence North 58°55'30" East - 539.81 feet; thence
South 02°48'33" West - 241.62 feet; thence South 87° 19'12" East f209.9RIEC EIVE D
AUG 2.6 2004
thence South 02°46'33" West - 79.00 feet; thence South 87019'12" East - 210.02
feet; thence North 02'32'16" East - 576.27 feet to a fence comer post on the North
line of said NE'/., SW'/<; thence along said line South 87°31'41" East - 902.17 feet
to the POINT OF BEGINNING, containing 47.13 acres, more or less.
2. That the above described property is situated in Washington County, Arkansas,
and the Petitioner owns all of the above described land and desires to have the above described
property annexed to the City of Fayetteville, Washington County, Arkansas, and authorizes the
firm of Cypert, Crouch, Clark and Harwell, or their agents, of Springdale, Arkansas to act on her
behalf to prepare and file any pleadings, publish any notices, and make any appearance before
this or any other court, or to perform any other service required to effect such annexation.
Attached hereto is a plat showing the subject property with reference to the
boundary line of the City of Fayetteville, Arkansas.
WHEREFORE, petitioner prays that this court set a date for a hearing on this petition, not
less than 30 days after the date of filing herein, and that at such hearing this court enter its order
granting the petition annexing,the above described land to the City of Fayetteville, Arkansas.
DORIS F. ROBERTS, TRUSTEE
of the Doris Faye Roberts Trust u/d dated 10-16-98
Petitioner
CYPERT, CROUCH, CLARK & HARWELL
Her Attorneys
I I I Holcomb Street
P.O. Box 1400
Springdale, AR 72765-1400
479/ 751-5222
/r� > Z
#94021
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
T.
CD
n �- 1
DORIS F. ROBERTS TRUSTEE c r-1
of the Doris Faye Robers Trust u/d 10-16-98 PeOETIWNER
— v
c � o ry -n
NO. CC 2004-
M
ZD
c-) m 3 a
ORDER OF ANNEXATION r 4 o
E — s
On this 23' day of August, 2004, comes on to be heard the petition of the otner owl the
following described property in Washington County for its annexation to the City of Fayetteville,
Arkansas:
A part of the Northeast Quarter (NE%4) of the Southwest Quarter.(SW%4) and a
part of the Southeast Quarter (SE'/4) of the Southwest Quarter (SW'h) and a part
of the Fractional Northwest Quarter (NW %4) of the Southwest Quarter all in
Section Nineteen (19), Township Sixteen (16) North, Range Twenty-nine (29)
West, Washington County, Arkansas, being more particularly described as
follows:
Beginning at the Northeast Comer of said NE%4, S W %4, said point being a fence
comer post; thence South 02°48'58" West - 1,319.26 feet to the Southeast comer
of said NE%4, SW%4; thence continuing South 02°48'58" West - 374.03 feet; thence
South 62°50'13" West - 442.88 feet to the centerline of a creek; thence along said
centerline the following: North 21°29'33" East - 5.11 feet; thence North 28°14'41"
East - 147.59 feet; thence North 34° 12'43" East - 87.33 feet; thence North
01007138" East - 36.74 feet; thence North 16°43'40" West - 36.79 feet; thence
North 03°02'55" East - 66.54 feet; thence North 26°12'26" East - 52.57 feet;
thence North 04'01'57" West - 41.85 feet; thence North 49°50'35" West - 39.27
feet; thence North 22°02'56" West - 39.91 feet; thence North 07015'43" East -
95.90 feet; thence leaving said centerline North 87003'06" West - 1,008.35 feet to
the Southwest Comer of said NE'/4, SW'/4; thence continuing North 87°03'06"
West 448.02 feet; North 02°48'02" East - 752.12 feet, said point lying in the
centerline of Goff Farm Road; thence North 58°55'30" East - 539.81 feet; thence
South 02048'33" West - 241.62 feet; thence South 87°19'12" East - 209.95 feet;
thence South 02046'33" West - 79.00 feet; thence South 87°19'12" East - 210.02
feet; thence North 02°32' 16" East - 576.27 feet to a fence corner E D
line of said NE, SW'/4; thence along said line South 87031Tle East -
to the POINT OF BEGINNING, containing 47.13 acres, more oi less
AU6 2 6 2004
0
and it appearing to the court that notice of this hearing has been given for three consecutive
weeks by publication in The Morning News, a newspaper of general circulation in the County, as
provided by law; that the territory proposed to be annexed is accurately described in said petition
and the plat attached hereto is declared to be the plat of said property and said property should be
annexed to the City of Fayetteville, Washington County, Arkansas, as prayed.
NOW THEREFORE, IT IS BY THE COURT CONSIDERED AND ORDERED that the
territory hereinabove described be and is hereby annexed to the City of Fayetteville, Washington .
County, Arkansas, and that the petitioners pay the cost of this proceeding and that the plat
attached hereto is declared to be the plat of the property annexed.
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FAME .'?EVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
November 15, 2004
Dawn Warrick
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Warrick,
•
POLICE DEPARTMENT
This document is in response to the request for a determination of whether the proposed
Annexation ANX 04-1222(Doris Roberts, pp 608) and Rezoning RZN 04-1280(Doris
Roberts, pp 608) submitted by Brad Bruns for property located at the south end of Roberts -
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.
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.
cr
e
ly
nan&tiam/Crow�n
Fayetteville Police Department
,YETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701
). BOX 1988 JAIL: 140-A WEST ROCK STREET 72701
.YETTEVILLE, ARKANSAS 72702-1998 PHONE: 479-5873555 FAX: 479-5873522
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August 24, 2004
To: City Planning Office
This letter is written to give you notice that Mr. Brad Bruns, Realtor with Griffin
Company Realtors, and Mr. Mark Van Pelt, Attorney for Cyprus, Crouch, Clark and
Harwell, both have my permission to represent me at the Annexation hearings and
process to annex my 48 acres on Roberts Road into the City of Fayetteville.
Doris Faye Roberts
ECE
AUG 2 6 2004
ANX04-1222 • DORIS RCS► IAE RTS
One Mile View
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Overview
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Master Street Plan
Subject Property
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Master Street Plan
- _
ANX04-1222
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Dawn T. Warrickvl)�
Submitted By
• City of Fayetteville •
Staff Review Form
City Council Agenda Items
Contracts
21-Dec-04
City Council Meeting Date
Planning Operations
Division Department
Action Required:
Approval of an ordinance for ANX 04-1222 (DORIS ROBERTS) annexing property located at the south end of
Roberts Road containing approximately 47.13 acres.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a
Account Number
n/a
Project Number
Budgeted Item
n/a
Funds Used to Date
n/a
Remaining Balance
Budget Adjustment Attached
Department Director Date
City
n/a
Program / Project Category Name
n/a
Fund Name
Previous Ordinance or Resolution # n/a
Original Contract Date: n/a
Original Contract Number: n/a
(2- 6, 6Y Received in City Clerk's Office
Date
Received in ayor s Office
e eve e TARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Jeremy Pate
Interim Planning Administrator
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: January 7, 2005
Re: Ord. No. 4656
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 576-8323
Fax: (479) 718-7695
city_clerk@ci.fayetteville.ar.us
The City Council approved the above ordinance on December 21, 2004. Attached is a copy of
the ordinance annexing property owned by Doris Roberts.
I'm sorry for the delay in returning these earlier I've been out of the office. Please forgive the
inconvenience in the length of time in getting this back to you.
If anything else is needed please let the clerk's office know. Thanks.
/cbp
cc: John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
From: Renee Thomas
To: Smith, Sondra
Date: 1/20/05 8:25AM
Subject: ANX 04-1222 and RZN 04-1280
Sondra,
GIS informed me that there was an extra call in the legal descriptions (Exhibit "A") for these ordinances.
In the past when this has happened David told me it was just a scribner's error and could be replaced
without being reread at Council. Attached is the corrected ordinance draft. Please ensure that the Exhibit
"A" is replaced.
Thanks,
Renee
p.s. The legal description as corrected matches the Petition for Annexation and Order of Annexation. 1
know that has been an issue in the past.
Renee Thomas
City of Fayetteville
Planning Division
113 W. Mountain
Fayetteville, AR 72701
(479) 575-8268
rthomas@ci.fayefteville.ar.us
"Northwest Arkasrb",most Widely Read Ne "Pa fer"
AFFIDAVIT OF PUBLICATION
I, , do solemnly swear that I am the
Legal Cle c of a Ai kansas Democrat-Gazette/Northwest Arkansas
Time 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#-
** Publication Charge: $ /M O
Subscribed and sworn to before me this
a day of u 2005.
Notary, Public Sharlene D. Williams
Notary Public
My Commission Expires: f Arkansas
MY Commission Pyres
October 18, 2014
** Please do not pay from Affidavit.
An invoice will be sent.
RECEIVED
JAW 10 2005
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-442-1700 • 479-442-5477 (FAX)
to so 40
IDINANCE ANNEXING THAT PROPERTY
BED IN ANNEXATION PETITION ANX 04-
NNEXING TO THE CITY OF FAYEFfEVRLE,
SAS, CERTAIN PROPERTY OWNED BY
FAYE ROBERTS LOCATED AT THE SOUTH
' ROBERTS ROAD CONTAINING APPROXI
-
Fklle
ANSA$
IT ORDAINED BY THE CRY COONCR OF THE CRY OF FAYETTERLLE, ARKANSAS:
Ion 1: That the Cry Council thereby confirms the annexation to the Oty of Fayetteville, Afkanses, of
property described in Exhibi'A' attached hereto and inside a part hereof. ,
WIN 2: The official map of the City of FayefteMlle, Arkansas, Is hereby amended to reflect the change
fded in Section 1 above.
Non 3: That the official zoning map of Me City of Fayetimlle. Arkansas Is hereby amended to assign
zonhg designation of RI Residential Agricultural to the subject property.
4: That Me sbov cwciibed property is thereby asegned to Ward No. One
D aM APPROVED Mis 21St day of December, 2004.
JED:
OODY, May"
IA BMITN, City Clark
EXHIBIT'A'
ANX 04-1222
OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) AND
IF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) AND
IDION COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ING AT THE NORTHEAST CORNER OF SAID NE 1/4, SW 1/4, SAID POINT BEING A FENCE
T POST, THENCE SOUTH 02048'58- WEST-1319.26 FEET TO THE SOUTHEAST CORNER OF
1/4, SW 1/4; THENCE CONTINUING SOUTH 02'48'58' WEST-3]4.03 FEET; THENCE SOUTH
3' WEST-442.88 FEET TO THE CENTERLINE OF A CREEK: THENCE ALONG SAID CENTER-
IE FOLLOWING: NORTH 21029'33- EAST-5.11 FEET, THENCE NORTH 28'14.41- EAST-
:EEr, THENCE NORTH 34'12'43' EAST-87.33 FEET, THENCE NORTH 01.09'36' EAST-36.74
1ENCE NORTH 16'43'40'WEST-36]9 FEET THENCE NORTH 03002'5T.EAST-66.54 FEET;
i NORTH 26'12'26' EAST-52.57 FEET; THENCE NORTH 04-01'57- WEST-41.85 FEET,
i NORTH 49-50'35' WEST-39.27 FEET; THENCE NORTH 22-02'56- WEST-39.91 FEET
NORTH 07'15'43' EAST-95.90 FEET, THENCE LEAVING SAID CENTERUNE NORTH
3' WEST-1,008.35 FEET TO THE SOUTHWEST CORNER OF SAID NE 1/4, SW 1/4; THENCE
UING NORTH 87'03'06' WEST-1008.35 FEET TO THE WEST 448.02 FEET; NORTH
2'EAST-752.12 FEET, SAID POINT LYING IN THE CENTERUNE OF GOFF FARM ROAD;
i NORTH 58055'3W EAST-539.81 FEET THENCE SOUTH 02T48'33' WEST-241.62 FEET;
i SOUTH 81'19'12' EAST-209.95 FEET THENCE SOUTH 02'46'33- WEST-M.00 FEET,
SOUTH 87'19'12' EAST-210.02. FEET; THENCE NORTH 0203216" EAST-576.27 FEET TO A
70RNER POST ON THE NORTH LINE OF SAID NE 1/4, SW 1/4; THENCE ALONG SAID LINE'
82'31'41' EAST-902.1 7 FEET TO THE POINT OF BEGINNING, CONTAINING 47.13 ACRES,
IR LESS.
From: Clarice Pearman
To: Smith, Sondra
Subject: Re: Fwd: ANX 04-1222 and RZN 04-1280
Yes, I can take care of. There still are issues with these kind ordinance instances.
Kit brought two others last week. I just fixed those two that she left out calls on the legal description. Kit
says they have to be republished and refiled at the courthouse. I just republished those two ordinances
and have included them to be filed at the courthouse.
Please let her know that even though it may be thought as scribner's error it still has the extra expense for
publishing and filing or I can email her and let her know.
Thanks
>>> Sondra Smith 01/20/05 10:59AM >>>
Clarice can you take care of this please. Thanks!!!
Sondra Smith
City Clerk
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
479-575-8323
ssmith(a)ci.favetteville.ar. us
From: Clarice Pearman
To: Pate, Jeremy
Subject: Ord. 4642, 4643, 4656, 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
I IVIi �V I .VVV I VV/Vf 4V JJ/nV •:V iu: JV1CV f
0
•
State of Arkansas
Washington County Courthouse
280 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: February 17, 2005
Clarice
Fax #: 718-7695 Pages: 3, including cover sheet
From: Jennifer Sharpshair
Subject: Confirmation from the Sec of State for annexations CC2004-28 S 30
RECEeiilrl_
EE8 17 20�5
CITY OF FAYETrEVILLE
CITY CLERK'S OFFICE
AFFIDAVIT OF PUBLICATION
I,-0 �.rr& do solemnly swear that I am the
Legal CI rk of the Arka s s 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:
Q i ICE f1C�L ���P was inserted in the regular editions on
PO#
** Publication Charge: $ 1 i/�3-�o
Subscribed and sworn to before me this
day of t, 2005.
Notary. Public Sharlene D. Williams
Notary Public
My Commission Expires: State of Arkansas
__WY Commission Expires
October 18, 2014
** Please do not pay from Affidavit.
An invoice will be sent.
RECEIVED
JAN 2 4 2005
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-442-1700 • 479-442-5477 (FAX)
0 •
PROPERTY
Fae ev le
IN ANA 04-
OWNED BY
THE SOUTH APAAN5A5
G APPROAI-
mpmLr.-
ES R ORDAINED BY THE CRY COUNCIL OF THE CRY OF FAYETTEVILLE, ARNANSM
Section 1: That the City Coura hereby minas the annexation to the City of Fayetteville, Ananias of
that property desdtbed inE)diba *A* attached hereto end made a pert hereof.'
Section 2: The offidal map of eta City Of FayetteAlle, Arkansas: Is hereby amended to reflect the Cheops
provided In Section 1 above.
Section 3: That ms offidel zoning map of the City of Fayetteville. Arlalh a is hereby emended to assign
the zoning designation of R-A. Residerrid Agrya"al id the WNW property.
SWlon 4: That the ebwa-descnbod properly Is hereby assigned to Ward No. One.
PASSED mrUE APPROVED his 21 St day of December, 2004.
PART OF THE
26°12'26' EAST-52.57. FEET;
49.50'W' WESr39.27. FEET:
07015'43' EAST-95.90 FEED,
tg M FEET TO THE SOUTHV
32*48'02'EAST-752.12 FEET. SAID POINT LYI
THENCE NORTH. 58655'30'FAST-539.81 FEE
THENCE SOUTH 87.19'12' EAST-209.95 HEI
THENCE SOUTH 87019'12' EAST-210.02 FEET;
FENCE CORNER POST ON THE NORTH UNE (
SOUTH 87631'410 EAST-g02.17 FEET TOIHE
MORE OR LEES.
-E SOUTHWEST QUARTER (SW 1/4) AND A
iE SOUTHWEST QUARTER (SW 1/4) AND A
W 1/4) OF THE SOUTHWEST QUARTER ALL
NORTH, RANGE TWENTY NINE (29) WEST,
RTICULAALY'DESCRIBED AS FOLLOWS:
E 1/4, SW 1/4. END POINT BEING A FENCE
126 FEET TO THE SOUTHEAST CORNER OF
"48.58' WEST-374.03 FEET. THENCE SOUTH
F A CREEK: THENCE ALONG SAID CENTER -
I FEET. THENCE NORTH 28014'41 EAST-
EEr; THENCE NORTH 01-07.38' EAST-36.74
HENCE NORTH 03°02'55' FIST-66.54 FEED,
NCE NORTH 04'01'57' WEST-41.85 FEET.
WE NORTH 22°02'SW WEST-39.91 FEET:
AVI NCE LENG SAID CENTERUNE NORTH
CORNER OF SAID NE 114. SW 1/4: THENCE
ET TO THE WEST 448.02 FEET, NORTH
THE CENTERUNE OF GOFF FARM ROAD;
NICE SOUTH 02°48'33' WEST-241.62'FEET.
ENCE SOUTH 02048'33' WEST-79.00 FEET:
:E NORTH 02°32'16' FAST-576.27 FEET TO A
I NE 1/4, SW 1/4; THENCE ALONG SAID UNE
OF BEGINNING, CONTAINING 47.13 ACRES.