HomeMy WebLinkAboutOrdinance 4664 I
ORDINANCE NO. 4 6 6 4 .
C\, U 4.1 Cr
o E c U AN ORDINANCE ANNEXING THAT PROPERTY
LQ C2, a F <-'DESCRIBED IN ANNEXATION PETITION ANX 04- 1334
L Qam ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS,
o Q PROPERTY LOCATED NORTH OF ZION ROAD, EAST OF
GEORGE ANDERSON ROAD CONTAINING
Z zr _l
d r o oD APPROXIMATELY 60.37 ACRES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council hereby confirms the annexation to the City of
Fayetteville, Arkansas, of that property described in Exhibit "A" attached hereto and made a part
hereof.
Section 2 : The official map of the City of Fayetteville, Arkansas, is hereby amended
to reflect the change provided in Section 1 above.
Section 3 : That the official zoning map of the City of Fayetteville, Arkansas is
hereby amended to assign the zoning designation of R-A, Residential Agricultural to the subject
property.
Section 4: That the above-described property is hereby assigned to Ward No. Three
PASSED and APPROVED this 4`h day of January, 2005 .
APPROV
By:
DA COODY, Mayor
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SONDRA SMITH, City Clerk LOO �g KANS?�' �,` Doc 10 : 008123810002 Two : REL
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Bette Stsmos Circuit Clerk
File2005-00004791
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EXHIBIT "A"
ANX 04-1334
THE SOUTH ONE HALF (S %z) OF THE NORTHWEST QUARTER (NW `/4) OF THE
NORTHWEST QUARTER (NW '/4) OF SECTION TWENTY (20) AND THE
NORTHEAST QUARTER (NE '/4) OF THE NORTHWEST QUARTER (NW '/4) OF
SECTION TWENTY (20), ALL IN TOWNSHIP SEVENTEEN NORTH ( 17) RANGE
TWENTY-NINE (29) WEST OF THE FIFTH PRINCIPAL MERIDIAN IN
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO-WIT:
BEGINNING AT A FOUND MONUMENT MARKING THE NORTHEAST CORNER
OF SAID NORTHEAST QUARTER (NE '/4) OF THE NORTHWEST QUARTER (NW
'/4); THENCE ALONG THE EAST LINE OF SAID FORTY ACRE TRACT, SOUTH
2026703" WEST - 1320.00 FEET TO THE SOUTHEAST CORNER OF SAID FORTY
ACRE TRACT; THENCE ALONG THE SOUTH LINE OF SAID FORTY ACRE
TRACT, NORTH 87031154" WEST - 1328.81 FEET TO A FOUND %z" REBAR
MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT;
THENCE ALONG THE SOUTH LINE OF SAID SOUTH %I OF THE NORTHWEST
QUARTER (NW1 /4) OF THE NORTHWEST QUARTER (NWIA), NORTH 87000135"
WEST - 1326.52 FEET TO A FOUND ;/4" IRON ROD MARKING THE SOUTHWEST
CORNER OF SAID TWENTY ACRE TRACT; THENCE ALONG THE WEST LINE
OF SAID SECTION 20, NORTH 2014'07" EAST - 659.05 FEET TO THE
NORTHWEST CORNER OF SAID TWENTY ACRE TRACT; THENCE ALONG THE
NORTH LINE OF SAID TWENTY ACRE TRACT, SOUTH 87002 '33" EAST -
1328.25 FEET TO THE NORTHEAST CORNER OF SAID TWENTY ACRE TRACT
ON THE WEST LINE OF SAID NORTHEAST QUARTER (NEI /4) OF THE
NORTHWEST QUARTER (NWl /4); THENCE ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER (NE '/4) OF THE NORTHWEST QUARTER (NW '/4),
NORTH 2023 ' 12" EAST - 659.78 FEET TO A FOUND IRON PIN MARKING THE
NORTHWEST CORNER OF SAID FORTY ACRE TRACT; THENCE ALONG THE
NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 20 SOUTH
87033102" EAST - 1329.90 FEET TO THE POINT OF BEGINNING, CONTAINING
60.37 ACRES, MORE OR LESS, AND SUBJECT TO ANY EASEMENTS AND/OR
RIGHTS-OF-WAY, OF RECORD, OR RESTRICTIONS, IF ANY.
Washington County, AR
I certify this Instrument was filed on
02/01 /2005 02:08:30 PM
and recorded in Real Estate
File Number 2005-00004791
Bette Stamps - Circuit Clerk
by
IN THE COUNTY COURT OF WASHINGTON COUNTV, ARKANSAS
IN THE MATTER OF:
ANNEXING TO THE CITY OF FAYETTEVILLE,
ARKANSAS, CERTAIN LANDS CONTIGUOUS
TO SAID CITY OF FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS Case No. CC 2004- 3 v
G & L PROPERTIES, LLC, an Arkansas o
Limited Liability Company, and VERL D. TEATER, a single person cPETITH5NERS
cj
PETITION FOR ANNEXATION w r—
m
Come now, G & L PROPERTIES, LLC, an Arkansas Limited L abi _ o ~ and
1. MT11PanY,
VERL D. TEATER, a single person, Petitioners, and for their Petition for Aii. atioa state as
follows:
1 . Petitioner, G & L PROPERTIES, LLC, an Arkansas Limited Liability Company,
is the sole record owner of 37.28 acres (Tract 1) and 3 .00 acres (Tract 2) which are included in the
below described 60.37 acres situated in Washington County, Arkansas. VERL D. TEATER, a
single person, is the sole record owner of 20.09 acres (Tract 3) which are included in the below
described 60.37 acres sitz ated in Washington County, Arkansas, to-wit:
The South One Half (S 1h) of the Northwest Quarter (NW '/a )of the Northwest Quarter
(NW 1/4 )of Section Twenty (20) and the Northeast Quarter (NE 1/4 )of the Northwest
Quarter (NW 1/a )of Section Twenty (20) , all in Township Seventeen North (17) Range
Twenty-nine (29) West of the Fifth Principal Meridian in Washington County ,
Arkansas , being more particularly described as follows, to-wit:
Beginning at a found monument marking the Northeast corner of said Northeast
Quarter (NE 1/4)of the Northwest Quarter (NW 1/4 );thence along the East line of said
forty acre tract, South 2°26'03 " West - 1320.00 feet to the Southeast corner of said
forty acre tract; thence along the South line of said forty acre tract, North 87031 '54"
West - 1328 . 81 feet to a found lh " rebar marking the Southwest corner of said forty
acre tract; thence along the South line of said South 1h of the Northwest Quarter
(NW1/4) of the Northwest Quarter (NW1/4), North 87 °00'35 " West - 1326. 52 feet to
a found 'k " iron rod marking the Southwest corner of said twenty acre tract; thence
along the West line of said Section 20, North 2014'07 " East - 659.05 feet to the
Page 1 of 6 Pages
Northwest corner of said twenty acre tract; thence along the North line of said twenty
acre tract, South 87 °02'33" East - 1328.25 feet to the Northeast corner of said twenty
acre tract on the West line of said Northeast Quarter (NEl/4) of the Northwest Quarter
(NW1/4) ; thence along the West line of said Northeast Quarter (NE 1/4 ) of the
Northwest Quarter (NW 1/4),North 2°23 ' 12" East - 659.78 feet to a found iron pin
marking the Northwest comer of said forty acre tract; thence along the North line of
the Northwest Quarter of said Section 20 South 87 °33 '02" East - 1329.90 feet to the
POINT OF BEGINNING, containing 60. 37 acres, more or less , and subject to any
easements and/or rights-of-way, of record, or restrictions, if any.
2. Petitioner, G & L PROPERTIES, LLC, an Arkansas Limited Liability Company,
purchased 37.28 acres from GEORGE E. ANDERSON and SARALEE F. ANDERSON,
husband and wife on July 13, 2004. A copy of the Warranty Deed is attached hereto as Exhibit "A".
3 . Petitioner, G & L PROPERTIES, LLC, an Arkansas Limited Liability Company,
purchased 3.00 acres from DAWN L. ASHBY, Trustee of the DAWN L. ASHBY
REVOCABLE TRUST, u/t/d September 17, 2001, on July 2, 2004. A copy of the Warranty
Deed (Trustee) is attached hereto as Exhibit `B".
4. Said property is depicted on the Plat of Survey dated July 21 , 2004, prepared by
Engineering Services, Inc., a copy of which is attached hereto as Exhibit "C" and made a part
hereof by reference.
5 . The legal descriptions for the separate Tracts 1 , 2 and 3 are attached hereto as
Exhibit "D".
6. All of the property described herein is adjacent and contiguous to the present city
boundary line for the City of Fayetteville, Washington County, Arkansas.
7. A true and correct copy of the Vicinity Map of the property described herein is
attached hereto as a part of Exhibit "E" and made a part hereof by reference.
8. All of the above-described property is suitable for annexation to the City of
Fayetteville, Arkansas, and is necessary for the proper growth, prosperity and management of the
above-described property and the City of Fayetteville, Arkansas.
9. Pursuant w Arkansas Code Annotated § 14-40-601 et seq, this Court has jurisdiction
over the subject matter herein, and Petitioners request that the property described herein be annexed
to the City of Fayetteville, Arkansas.
Page 2 of 6 Pages
10. Petitioners further state that the law firm of Harrington, Miller, Neihouse & Kieklak,
P.A., Springdale, Arkansas, is authorized to act for and on behalf of the Petitioners in all matters
connected with this Petition and subsequent hearings or annexation proceedings connected
therewith.
11 . Petitioners request that this Court set a date for hearing this Petition, not less than
thirty (30) days after the date of the filing of this Petition, pursuant to Arkansas law.
WHEREFORE, Petitioners pray that the property described herein be annexed to the City of
Fayetteville, Washington County, Arkansas, pursuant to the provisions of Arkansas law, after a
hearing thereon as required by law; and that this Court, by its Order, fix a time and place for said
hearing not less than thirty (30) days from the filing of this Petition; and for all other proper relief to
which Petitioners may be entitled.
G & L PROPERTIES, LLC, an Arkansas limited liability
company, and VERL D. TEATER, a single person,
Petitioners
HARRINGTON, MILLER, NEIHOUSE & KIEKLAK
A Professional Association
113 East Emma Avenue
Post Office Box 687
Springdale, Arkansas 72765
(479) 751 -6464
Attorneys for Petitioners
By. a wi�-=
Michele A. Harrington
Arkansas Bar No. 85217
Page 3 of 6 Pages
VERIFICATION
STATE OF ARKANSAS )
) SS.
COUNTY OF WASHINGTON )
I, CRAIG HARPER, partner in G & L PROPERTIES, LLC, an Arkansas Limited
Liability Company, Petitioner herein, hereby state under oath that I have read the above and
foregoing Petition for Annexation, and that the facts and allegations contained therein are true and
correct to the best of our knowledge and belief.
G & L PROPERTIES, LLC., an Arkansas
limited liability com ny
By: 0�4v
CRAIG ER, mem4r
SUBSCRIBED AND SWORN to before me, a Notary Public, this 3�� day of
2004. 1
My Commission Expires:
otary Public
LINDA D. MAESTRI
NOTARY PUBLIC
WASHINGTON COUNTY ARKANSAS
MY COMMISSION EXPIRES 06-162012
Page 4 of 6 Pages
VERIFICATION
STATE OF ARKANSAS )
) SS.
COUNTY OF WASHINGTON )
I, VERL D. TEATER, a single person, Petitioner herein, hereby state under oath that I
have read the above and foregoing Petition for Annexation, and that the facts and allegations
contained therein are true and correct to the best of wl�e and belief.
VERL D. TEATER
SUBSCRIBED AND SWORN to before me, a Notary Public, this day of
004.
M, y Commission Expires:
Notary Public
LINDA D. MAESTRI
NOTARY PUBLIC
WASHINGTON COUNTY ARKANSAS
MY COMMISSION EXPIRE
MS 06.16-2012
Page 5 of 6 Pages
CERTIFICATE OF SERVICE
I, Michele A. Harrington, attorney for petitioners herein, hereby certify that I have served a
true copy of the within WA foregoing on the City Clerk for the City of Fayetteville, Arkansas, by
placing a copy thereof in the U. S. Mail, posts a prepaid, addressed to her mailing address in
Fayetteville, Arkansas, this the �� day of� 2004.
Michele A. Harrington
Page 6 of 6 Pages
Doe lb : 001481 00002 Tvoe : REL
WARRANTY DEED Fee Amt : $11 .00/Pace it f3z62 : 09 PM
Vashlnaton Countv . AR
HUSBAND AND WIFE CONVEYING AS Bette Stamos Circuit Clerk
TENANTS BY THE ENTIRETY, JOINTLY F11e2004_00028045
OR IN COMMON
KNOW ALL MEN BY THESE PRESENTS:
That we, GEORGE E. ANDERSON and SARALEEE F. ANDERSON, husband and wife, hereinafter
called Grantors, for and in consideration of the sum of One Dollar ($1 .00) and other good and valuable
consideration to us in hand paid by G & L PROPERTIES, LLC, an Arkansas limited liability company,
hereinafter called Grantee, do hereby grant bargain and sell unto the said Grantee, and unto its successors or
assigns, the following described land, situated in Washington County, State of Arkansas, to-wit:
A part of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of Section Twenty (20), Township
Seventeen (17) North, Range Twenty-nine (29) West, being more particularly described as follows, to-wit:
Beginning at a point which is 361 .5 feet South of the Northeast comer of said 40 acre tract, and running thence
South 958.5 feet, thence West 1328.81 feet, thence North 00 degrees 02 minutes 53 seconds West 1319.99 feet
to the Northwest corner of said 40 acre tract, thence East 968.42 feet, thence South 361 .5 feet, thence East 361 .5
feet to the point of beginning, containing 37.28 acres, more or less. Subject to that portion in County Road
right-of-way on the East and South side of herein described tract and subject to other easements of record, if
any.
TO HAVE AND TO HOLD the same unto the said Grantee, and unto its successor or assigns, forever.
And we, the said Grantors, hereby covenant that we are lawfully seized of said land and premises, that the same
is unencumbered, and that we will forever warrant and defend the title of said lands against all legal claims
whatsoever. And we, the respective Grantors, hereby release and relinquish unto the said Grantee our respective
dower/curtsey and homestead in and to said lands.
WITNESS our hands and seals this La day of July 2004.
/'J'Z (seal)
GEORG E. ANDERSON SARALEE F. ANDERSON
EkRIibIT A
ACKNOWLEDGMENT
STATE OF ARKANSAS }
}
COUNTY OF WASHINGTON } ss.
On this the �3 day of July 2004, before me, a notary public, personally appeared George E. Anderson
and Saralee F. Anderson, known to me to be the persons whose names are subscribed to the foregoing
instrument and acknowledged that they had executed the same for the purposes therein set forth.
In witness whereof I hereunto set my hand and official seal. p
Notary Public
My commission expires:
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Prepared by Bronson Abstract Company, Inc., 3810 Front
Street, Ste #5, Fayetteville, AR 72703
ARKANSAS AIRKAN.GS ARKANSAS
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WARRANTY DEED
(TRUSTEE)
KNOW ALL MEN BY THESE PRESENTS:
That I, Dawn L. Ashby, acting in such capacity as the Trustee of the Dawn L.
Ashby Revocable Trust dated September 17, 2001 , for the consideration of the sum of
One Dollar and other good and valuable consideration in hand paid by G & L Properties,
LLC, the receipt of which is hereby acknowledged, do grant, bargain, sell and convey
unto the said G & L Properties, LLC, hereinafter called Grantee, and unto their
successors and assigns forever, the following described land, situate in the County of
Washington, State of Arkansas, to-wit:
A part of the Northeast Quarter (NEI/4) of the Northwest Quarter
(NWl/4) of Section Twenty (20), Township Seventeen (17) North, Range
Twenty Nine (29) West, being more particularly described as follows, to-
wit: Beginning at the Northeast comer of said 40 acre tract, and running
thence South 361 .50 feet, thence West 361 .50 feet, thence North 361 .50
feet, thence East 361 .50 feet to the point of beginning, containing 3 acres,
more or less. Subject to that portion in County Road right-of-way on the
East side of herein described tract.
TO HAVE AND TO HOLD the said lands and appurtenances thereunto
belonging unto the said Grantee and Grantee's successors and assigns forever, with all
appurtenances thereunto belonging. And said Trustee hereby covenants with the said
Grantee that she will forever warrant and defend the title to said lands against all lawful
claims whatever. In execution of this instrument Dawn L. Ashby, acting in her fiduciary
capacity as Trustee of the Dawn L. Ashby Revocable Trust dated the September 17,
2001 , do hereby relinquish any legal title or legal right to said property, and furthermore,
as legal representative of a beneficiary, do hereby relinquish any equitable claim to said
property.
IN WITNESS whereof, the name of the Trustee is hereunto affixed this day
of July, 2004. )
M
DAWN L. As Y, Trustee o e
Dawn L. Ashby Revocable Trust
dated September 17, 2001
Ekw r3fC B
ACKNOWLEDGMENT
STATE OF ARKANSAS )
) ss.
COUNTY OF WASHINGTON)
On this 2 day of July, 2004, before me a Notary Public, personally appeared
the within named Trustee, Dawn L. Ashby, who stated that she is the Trustee of the
Dawn L. Ashby Revocable Trust dated September 17, 2001, and was duly authorized in
their respective capacity to execute the foregoing instrument for and in the name of the
Dawn L. Ashby Revocable Trust dated September 17, 2001, and further stated and
acknowledged that she had so signed, executed and delivered said instrument for the
consideration, uses and purposes herein mentioned and set forth.
In witness whereof I hereunto set my hand and official seal.
My Commission Expires:
This Instrument Prepaid By:
LARRY D. DOUGLAS, P.A.
P.O. Box 711
Springdale, AR 72765
Send Tax Statements
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LEGAL DESCRIPTION: TEATER, ANDERSON, AND ASHBY PROPERTIES
The South One Half (S 1/2) of the Northwest Quarter (NW 1/4) of the Northwest Quarter
(NW 1/4) of Section Twenty (20) and the Northeast Quarter (NE 1/4) of the Northwest
Quarter (NW 1/4) of Section Twenty (20), all in Township Seventeen North (17) Range
Twenty-nine (29) West of the Fifth Principal Meridian in Washington County, Arkansas,
being more particularly described as follows, to wit:
Beginning at a found monument marking the Northeast corner of said Northeast Quarter
(NE 1/4) of the Northwest Quarter (NW 1/4); thence along the East line of said forty acre
tract, South 2°26'03" West - 1320.00 feet to the Southeast corner of said forty acre tract;
thence along the South line of said forty acre tract, North 87°31'54" West - 1328.81 feet
to a found 1/2" rebar marking the Southwest corner of said forty acre tract; thence along
the South line of said South 1/2 of the Northwest Quarter (NW 1/4) of the Northwest
Quarter (NW 1/4), North 87°0035" West - 1326.52 feet to a found 3/4" iron rod marking
the Southwest corner of said twenty acre tract; thence along the West line of said
Section 20, North 2°14'07" East - 659.05 feet to the Northwest corner of said twenty acre
tract; thence along the North line of said twenty acre tract, South 87°02'33" East -
1328.25 feet to the Northeast corner of said twenty acre tract on the West line of said
Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4); thence along the West
line of said Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4), North
2°23'12" East - 659.78 feet to a found iron pin marking the Northwest corner of said forty
acre tract; thence along the North line of the Northwest Quarter of said Section 20 South
87°3302" East - 1329.90 feet to the POINT OF BEGINNING, containing 60.37 acres,
more or less, and subject to any easements and/or rights -of -way, of record, or
restrictions, if any.
EXHIBIT "C" - PAGE 2
EXIIIBIT "D"
Tract 1 - Part of the Northeast Quarter (NE1/4) of the Northwest Quarter
(NW1/4) of Section Twenty (20); Township Seventeen North (17) Range
Twenty-nine (29) West of the Fifth Principal Meridian in Washington County,
Arkansas, being more particularly described as follows, to -wit:
Commencing at a found monument marking the Northeast corner of said forty
acre tract; thence along the East line of said forty acre tract South 2°26'03"
West - 361.50 feet to a found nail, said point being the POINT OF
BEGINNING; thence continue along the East line of said forty acre tract South
2°26'03" West — 958.50 feet to the Southeast corner of said forty acre tract;
thence along the South line of said forty acre tract North 87°31'54" West -
1328.81 feet to a found 'h" rebar marking the Southwest corner of said forty
acre tract; thence along the West line of said forty acre tract North 2°23'12"
East - 1319.57 feet to a found iron pin marking the Northwest corner of said
forty acre tract; thence along the North line of said Section 20 South 87°33'02"
East — 968.40 feet to a found iron pin; thence South 2°25'31" West - 361.33
feet to a found iron pin; thence South 87°31'27" East - 361.44 feet to the
POINT OF BEGINNING, containing 37.28 acres, more or less, and subject to
any easements and/or rights -or -way, of record, or restrictions, if any.
Tract 2 — Part of the Northeast Quarter (NE '/a of the Northwest Quarter (NW
'/a)of Section Twenty (20); Township Seventeen North (17) Range Twenty-nine
(29) West of the Fifth Principal Meridian in Washington County, Arkansas,
being more particularly described as follow, to -wit:
Beginning at a found monument marking the Northeast corner of said forty acre
tract; thence along the East line of said forty acre tract South 2°26'03" West -
361.50 feet to a found nail; thence North 87°31'27" West - 361.44 feet to a
found iron pin; thence North 2°25'31" East - 361.33 feet to a found iron pin
on the North line of said Section 20; thence South 87°33'02" East — 361 .50 feet
to the POINT OF BEGINNING, containing 3.00 acres, more or less, and
subject to any easements and/or rights -of -way, of record, or restrictions, if any.
Tract 3 - The South One Half (S '/z) of the Northwest Quarter (NW '/a)of the
Northwest Quarter (NW '/a)of Section Twenty (20); Township Seventeen
North (17) Range Twenty-nine (29) West of the Fifth Principal Meridian in
Washington County, Arkansas, being more particularly described as follows,
to -wit:
Commencing at a found concrete monument, said monument being the
Northwest corner of said Section Twenty (20); thence along the West line of
said Section 20 South 2°14'07" West - 648.01 feet to the Northwest corner
Page 1 of 2 Pages
of the South One Half (S 'h) of said NW 'Aof the NW 'A ,said point being the
POINT OF BEGINNING; thence along the North line of said twenty acre
tract South 87°02'33" East - 1328.25 feet to the Northeast comer of said
twenty acre tract; thence along the East line of said twenty acre tract South
2°23'12" West - 659.78 feet to a found 'h" iron rebar marking the Southeast
corner of said twenty acre tract; thence along the South line of said twenty
acre tract North 87°0035" West - 1326.52 feet to a found 3k" iron rod
marking the Southwest comer of said twenty acre tract; thence along the West
line of said Section 20 North 2°14'07" East — 659.05 feet to the POINT OF
BEGINNING, containing 20.09 acres, more or less, and subject to any
easements and/or rights -of -way, of record, or restrictions, if any.
Page 2 of 2 Pages
\\Server\d\Land Projects 2004\04050 Harper Anderson-Tester\dv. is Map.dwg, 7/21/2004 4:00:03 PM •
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WAISf' PR�Wgrc rLti<iR.R
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IN THE COUNTY COURT OF WASHINGTON COUNTY,/r'&KANSAS
IN THE MATTER OF:
ANNEXING TO THE CITY OF FAYETTEVILLE,
ARKANSAS, CERTAIN LANDS CONTIGUOUS
TO SAID CITY OF FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS Case No. CC 2004- 39
G & L PROPERTIES, LLC, an Arkansas
Limited Liability Company, and VERL D. TEATER, a single person PETITIONERS
ORDER SETTING HEARING
On this day of u_T , 2004, is presented to this Court a Petition for
Annexation filed in the County Court of Washington County, Arkansas on August 2, 2004, by the
Petitioners, G & L Properties, LLC, an Arkansas Limited Liability Company, and Verl D. Teater, a
single person, desiring the annexation of territory to the City of Fayetteville, Arkansas, more
particularly described therein.
IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that pursuant to
Arkansas Code Annotated §14-40-602, a hearing on said Petition for Annexation shall be held in
the office
o, f the County Judge of the County Court of Washington County, Arkansas, on
111U1[]LI, the ____ day of (, 2004, at 3 o'clock Gj .m.; the Clerk of this Court
is hereby directed to issue a notice of said hearing as set forth herein; and Harrington, Miller,
Neihouse & Kieklak, P.A., the agent named by said petitioners, shall give notice of such hearing as
provided by law, with said notice to be published in the manner and for the full length of time as
required by law.
J) Y H JNTON, County Judge
F�L ED
,�y RUG S
C� & PRCo
oeRl
Bc
Pi Sr 84TE C��rC`i�RG
IN THE COUNTY COURT OF WASHINGTON dOUNTY9&KANSAS
IN THE MATTER OF:
ANNEXING TO THE CITY OF FAYETTEVILLE,
ARKANSAS, CERTAIN LANDS CONTIGUOUS
TO SAID CITY OF FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS Case No. CC 2004-
G & L PROPERTIES, LLC, an Arkansas
Limited Liability Company, and VERL D. TEATER, a single person PETITIONERS
NOTICE OF ANNEXATION PETITION
NOTICE is hereby given to all interested parties that a Petition for Annexation has been
filed in the County Court of Washington County, Arkansas, by G & L Properties, LLC, an
Arkansas Limited Liability Company, and Verl D. Teater, a single person, asking for the
annexation to the City of Fayetteville, Arkansas, of the following described lands situated in
Washington County, Arkansas, that are contiguous to said City, to -wit:
The South One Half (S 'h) of the Northwest Quarter (NW '/4)of the Northwest
Quarter (NW '/4)�f Section Twenty (20) and the Northeast Quarter (NE '4)of the
Northwest Quarter (NW '/4)of Section Twenty (20), all in Township Seventeen
North (17) Range Twenty-nine (29) West of the Fifth Principal Meridian in
Washington County, Arkansas, being more particularly described as follows,
to -wit:
Beginning at a found monument marking the Northeast corner of said Northeast
Quarter (NE Y4)of the Northwest Quarter (NW '/4),thence along the East line of
said forty acre tract, South 2°26'03" West — 1320.00 feet to the Southeast
comer of said forty acre tract; thence along the South line of said forty acre
tract, North 87°31'54" West - 1328.81 feet to a found 'h" rebar marking the
Southwest corner of said forty acre tract; thence along the South line of said
South 'h of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4),
North 87°00'35" West - 1326.52 feet to a found 3/a" iron rod marking the
Southwest corner of said twenty acre tract; thence along the West line of said
Page 1 of 2 Pages
Section 20, North 2°14'07" East — 659.05 feet to the Northwest corner of said
twenty acre tract; thence along the North line of said twenty acre tract, South
87°02'33" East - 1328.25 feet to the Northeast corner of said twenty acre tract
on the West line of said Northeast Quarter (NE1/4) of the Northwest Quarter
(NW1/4); thence along the West line of said Northeast Quarter (NE 'A)of the
Northwest Quarter (NW '/a),North 2°23'12" East - 659.78 feet to a found iron
pin marking the Northwest corner of said forty acre tract; thence along the
North line of the Northwest Quarter of said Section 20 South 87°33'02" East —
1329.90 feet to the POINT OF BEGINNING, containing 60.37 acres, more or
less, and subject to any easements and/or rights -of -way, of record, or
restrictions, if any.
The Court has fixed �i (L51 _, the day of 2004, at
o'clock Q .m. in the office of the County Judge for the County Court of Washington County,
Arkansas, as the date for a hearing on said Petition, and all interested persons are now notified to
be present at said Court at that time and date so fixed.
A plat of said land proposed for annexation is on file with said Petition in the office of
the Clerk of said Court, and the undersigned has been named by the Petitioners as the person
authorized to act for them.
Michele A. Harrington
Harrington, Miller, Neihouse & Kieklak, P.A.
P.O. Box 687
Springdale, Arkansas 72765
ATTORNEYS FOR PETITIONERS
Page 2 of 2 Pages
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
'09 SEP 9 PPl `t 09
\Mr j1 ,Ur.9Wu IIdT�ti,�tt'.
IN THE MATTER OF: s. •+, i C L c it K
ANNEXATION OF CERTAIN LANDS TO ^ t �,. .'RY.
CITY OF FAYETTEVILLE, ARKANSAS Case No. CC 2004-30
DECREE OF ANNEXATION
Now on this _ ? ti"ay of September, 2004, this cause comes on to be heard, the
Petitioners, G & L Properties, LLC, and Arkansas Limited Liability Company, and Verl D.
Teater, a single person, Petitioners, through their attorney, Michele A. Harrington of
Harrington, Miller, Neihouse & Kieklak, P.A., of Springdale, Arkansas, announcing ready for
a hearing of the cause and there being no protests or objections filed, whereupon, the matter is
submitted to the Court upon the verified petition filed herein, and any oral and documentary
evidence adduced, the Court being well and sufficiently advised of the facts and the law, doth
hereby fmd, judge and decree as follows:
1. The Petition in this cause was filed on August 2, 2004, at which time this Court
fixed
Thursday,
September
9, 2004,
at 10:30 a.m.,
as the date
and time of hearing for said
cause,
and that a
full thirty
(30) days
has passed
since the filing
of the, Petition, and this Court
has jurisdiction of the persons and subject matter of this cause of action; and venue is proper
herein.
2. The Petition filed herein named Harrington, Miller, Neihouse & Kieklak, P.A. to .
act on behalf of Petitioners in filing and presenting the Petition to the Court and handling all
matters connected with the Petition, as well the required notices, and this and any other hearings
or annexation proceedings connected therewith.
3. Harrington, Miller, Neihouse & Kieklak, P.A. has given Notice of hearing on the
Petition as required by law, and the proof of publication of said notice is now on file with the
Clerk of this Court.
4. The Court is satisfied that the allegations of the Petition filed herein are sustained
by the proof, and that a majority of the total number of real estate owners in the area affected by
Page 1 of 3 Pages
this Petition have signed said Petition, and that such majority owns more than one-half (1/2) of
the acreage affected.
5. The land and territory sought to be annexed to the City of Fayetteville,
Washington County, Arkansas, in this cause is described as follows:
The South One Half (S 'fi) of the Northwest Quarter (NW '/4)of the Northwest
Quarter (NW '/abf Section Twenty (20) and the Northeast Quarter (NE '/4)of the
Northwest Quarter (NW '/4)of Section Twenty (20), all in Township Seventeen
North (17) Range Twenty-nine (29) West of the Fifth Principal Meridian in
Washington County, Arkansas, being more particularly described as follows,
to -wit:
Beginning at a found monument marking the Northeast corner of said
Northeast Quarter (NE '/4)of the Northwest Quarter (NW '/4);thence along the
East line of said forty acre tract, South 2°26'03" West — 1320.00 feet to the
Southeast comer of said forty acre tract; thence along the South line of said
forty acre tract, North 87°31'54" West - 1328.81 feet to a found '/x" rebar
marking the Southwest corner of said forty acre tract; thence along the South
line of said South 'h of the Northwest Quarter (NW1/4) of the Northwest
Quarter (NW1/4), North 87°00'35" West - 1326.52 feet to a found 34" iron
rod marking the Southwest corner of said twenty acre tract; thence along the
West line of said Section 20, North 2°14'07" East — 659.05 feet to the
Northwest comer of said twenty acre tract; thence along the North line of said
twenty acre tract, South 87°02'33" East - 1328.25 feet to the Northeast
corner of said twenty acre tract on the West line of said Northeast Quarter
(NE1/4) of the Northwest Quarter (NW1/4); thence along the West line of said
Northeast Quarter (NE '4)of the Northwest Quarter (NW '/4),North 2°23'12"
East - 659.78 feet to a found iron pin marking the Northwest comer of said
forty acre tract; thence along the North line of the Northwest Quarter of said
Section 20 South 87°33'02" East — 1329.90 feet to the POINT OF
BEGINNING, containing 60.37 acres, more or less, and subject to any
easements and/or rights -of -way, of record, or restrictions, if any.
and, the same is accurately described in the Petition filed herein.
6. Attached to and made a part of said Petition is an accurate Vicinity Map of the
above -described property that is sought to be annexed to the City of Fayetteville, Arkansas.
7. The above -described property owned by the Petitioners, G & L Properties, LLC,
an Arkansas Limited Liability Company, and Verl D. Teater, a single person, is adjacent and
contiguous to the present city boundary line for the City of Fayetteville, Washington County,
Arkansas.
W.-996
Page 2 of 3 Pages
• •
8. The above -described property is contiguous and adjacent to and adjoins the
present boundaries of the City of Fayetteville, and this territory should be annexed to and made a
part of the City of Fayetteville, Arkansas.
9.
The prayer of the Petition filed
herein is right and
proper and should
be granted.
IT
IS THEREFORE, CONSIDERED,
ORDERED AND
ADJUDGED that
the aforesaid
real estate situated in Washington County, Arkansas, is hereby annexed to and made a part of the
City of Fayetteville, Arkansas, in accordance with Act No. 1 of the acts of the Legislature of
1875 of the State of Arkansas and all acts amendatory thereto, particularly including Act 142 of
the Acts of Arkansas for the year 1963, as codified in Ark. Code Ann. §14-40-601, et seq.
IT IS FURTHER CONSIDERED, ORDERED AND ADJUDGED that the original
papers in this cause be delivered to the Clerk of Washington County, Arkansas, with the same to
be properly recorded upon the records of Washington County, Arkansas, and the Clerk, after
properly recording and filing the original papers, is directed to prepare certified transcripts of the
same; that one of the certified transcripts shall be delivered to the City of Fayetteville, Arkansas,
one copy to the Secretary of State, and one copy to. the Director of the Tax Division of the
Arkansas Public Service Commission.
JE HU O , County Judge
Page 3 of 3 Pages
1�-891
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
FILED
'04 OCT 20 PIS 12 10
IN THE MATTER OF:
ANNEXATION OF CERTAIN LANDS TO THLKAN COMBS PRITCHARC
CITY OF FAYETTEVILLE, ARKANSAS cm tx PROBATE C L R Ke No. CC 2004-30
WASHINGTON CO. A.
ORDER CONFIRMING ANNEXATION
NOW on this day of 004, the Petition for Confirmation of
Annexation having been filed herein by the Petitioners, G & L Properties, LLC, an Arkansas
Limited Liability Company, and Verl D. Teater, a single person, through their attorney, Michele
A. Harrington of Harrington, Miller, Neihouse & Kieklak, P.A., of Springdale, Arkansas, and
there being no protests or objections filed herein, this matter is submitted to the Court upon the
Petition filed herein, and the Court being well and sufficiently advised finds:
1. There was entered in this cause a Decree of Annexation, which annexed the
following described real estate to the City of Fayetteville, Arkansas:
The South One Half (S 'h) of the Northwest Quarter (NW '4)of the Northwest
Quarter (NW '/4)of Section Twenty (20) and the Northeast Quarter (NE '/4)of the
Northwest Quarter (NW '/4)of Section Twenty (20), all in Township Seventeen
North (17) Range Twenty-nine (29) West of the Fifth Principal Meridian in
Washington County, Arkansas, being more particularly described as follows,
to -wit:
Beginning at a found monument marking the Northeast corner of said Northeast
Quarter (NE '/4)of the Northwest Quarter (NW '/4),'thence along the East line of
said forty acre tract, South 2°26'03" West - 1320.00 feet to the Southeast
corner of said forty acre tract; thence along the South line of said forty acre
tract, North 87°31'54" West - 1328.81 feet to a found '/2" rebar marking the
Southwest corner of said forty acre tract; thence along the South line of said
South '/2 of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4),
North 87°00'35" West - 1326.52 feet to a found 3/" iron rod marking the
Southwest corner of said twenty acre tract; thence along the West line of said
Section 20, North 2°14'07" East - 659.05 feet to the Northwest corner of said
twenty acre tract; thence along the North line of said twenty acre tract, South
87°02'33" East - 1328.25 feet to the Northeast corner of said twenty acre tract
on the West line of said Northeast Quarter (NE1/4) of the Northwest Quarter
(NW1/4); thence along the West line of said Northeast Quarter (NE '/4)of the
Page 1 of 2 Pages — l �b
Northwest Quarter (NW '/4),North 2°23'12" East - 659.78 feet to a found iron
pin marking the Northwest comer of said forty acre tract; thence along the
North line of the Northwest Quarter of said Section 20 South 87°33'02" East —
1329.90 feet to the POINT OF BEGINNING, containing 60.37 acres, more or
less, and subject to any easements and/or rights -of -way, of record, or
restrictions, if any.
2. Said Decree was duly filed in the County Records of Washington County,
Arkansas, on September 9, 2004.
3. No notice of objections have been given to the authorities of the City of
Fayetteville, nor to the agents
of the Petitioners,
nor have any exceptions to the said Decree been
filed with the
County Clerk or
the Circuit Clerk
of Washington County, Arkansas.
4. No exceptions to the said action have been filed by any interested person or by the
City of Fayetteville, Arkansas and the Petitioners now ask that the annexation be confirmed, and
that this Court find that the petition and all proceedings thereunder are in compliance with the
statutes and that the action of the County Court, in its Decree of Annexation entered September
9, 2004, be in all things approved and confirmed.
IT
IS THEREFORE, CONSIDERED, ORDERED AND
ADJUDGED,
that:
1)
the Decree of the Court entered on the 9th day
of September,
2004, is hereby
approved and confirmed in all respects;
2) the original papers in this cause should be delivered to the Clerk of Washington
County, Arkansas, with the same to be properly recorded upon the records of said County;
3) the Clerk is directed to prepare and certify one copy of the Plat of the annexed
territory,
one copy of the Order
of
the
Court, and the Ordinane of
the
City
Council, and shall
forward a
copy of each document
to
the
Secretary of State, who shall
file
and
preserve them;
4) the Clerk shall also forward one copy of the Plat of annexed territory and one
copy of the Order of the Court to the Director of the Tax Division of the Arkansas Public
Service Division, who shall file and preserve them and shall notify all utility companies having
property in the municipality of the annexation; and
5)
the Clerk shall
forward a certified
copy of the Order of the Court to City Council.
IT
IS SO ORDERED
this day of
2004.
J HUN ounty Judge
Page 2 of 2 Pages — ////
FROM
Charlie Daniels
Secretary of State
(THU)FEB 172005 11:00/ST.10:.59/No.6816796420 P
S. •
Stale of Arkansas
Secretary of State
elccllona 1
087.3070
&ulUing & On,untc
6a7.3407
Cnmmunlratlona a. rlucanon
603-0057
State Gpttol Votkc
8417-5173
Business off"
6828037
InlmmatInn Taelmnln ,
681.54.1 k
February 15, 2005
J
Cr
The Honorable Karen Combs. Pritchard.
Washington County Clerk
=
9
0
280 North College Avenue,.Suite 300
?,
o
r
Fayetteville, AR 7270I I
>
v,
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m
3
C>
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A
-
-
Dear Ms. Pritchard:
The Following Information has been recorded
and filed in the Office of the Secretary of State:
Date: OZ/ 14/2OO5
Annexation:
Incorporation:
Census Information
1st Class City
2nd Class City
Incorporated Town
County: Washington City: Fayetteville
Ordinance No. -
Co. Order No
Flat
Election:
Island
Ordinance. No.
Co. Order No.
Flat
Election
4664
CC-2OO4-3O:
X
I have forwarded this information to the Arkansas Municipal League. if you have any further
questions please do not hesitate to contact me at 1-800-482-1 I27 or 682-3452
Sincerely,
Tena Arnold
Election Services Representative
Room -286 State.Fapltol • Little Rock, Arkansas 72201.1094•
501.882.101O • Fax. SO I.6823510:
e-mail: areosasoemail.state.ar.us www.eoe.arkansao.gov
I
//Y/os
City Council Mee* of January 04, 2004
Agenda Item Number
/NI'Dy/33�
CITY COUNCIL AGENDA MEMO ,4p-pfr/ 7a -ter
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Interim Zoning and Development Administrator`'
Date: December 16, 2004
Subject: Annexation for Harper/Teater (ANX 04-1334)
RECOMMENDATION
Planning Staff recommends approval of the requested annexation for Harper/Teater, a
60.37 acre tract located on Zion Road and George Anderson Road east of Fayetteville.
This action will incorporate the 60.37 acre tract of land contiguous with the city limits
into the City of Fayetteville.
BACKGROUND
The subject property contains approximately 60.37 acres of agricultural and residential
property located north of Zion Road, east of George Anderson Road within the Planning
Area. Copper Creek Subdivision (under construction) and a small tract of approximately
2.38 acres recently annexed and rezoned abut the property to the west.
Annexation of this property will create the extension of an existing peninsula. However,
with the increase of development pressure in this area are, staff recommended the
annexation of this property to ensure development in accordance with City Ordinances.
Significant improvements to water and sewer service, as well as infrastructure adjacent to
this site will be required at the time of development. City fire and police currently
service the adjoining neighborhoods.
The applicant requested 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 recommended approval of the proposed annexation to ensure the future
development of single family residential is consistent with adjoining developments both
in terms of density and compatibility.
DISCUSSION
This item was heard at the regular Planning Commission on December 13, 2004. The
Planning Commission voted 7-0-1 in favor of the annexation with Commissioner Ostner
voting no.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 04-1334
ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS,
PROPERTY LOCATED NORTH OF ZION ROAD, EAST OF
GEORGE ANDERSON ROAD CONTAINING
APPROXIMATELY 60.37 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. Three
PASSED
AND APPROVED this
day of
, 2004.
APPROVED:
By:
Dan Coody, Mayor
ATTEST:
By:
Sondra Smith, City Clerk
EXHIBIT "A"
RZN 04-1334
THE SOUTH ONE HALF (S'/2) OF THE NORTHWEST QUARTER (NW %<) OF THE
NORTHWEST QUARTER (NW '/4) OF SECTION TWENTY (20) AND THE
NORTHEAST QUARTER (NE ''/4) OF THE NORTHWEST QUARTER (NW '/4) OF
SECTION TWENTY (20), ALL IN TOWNSHIP SEVENTEEN NORTH (17) RANGE
TWENTY-NINE (29) WEST OF THE FIFTH PRINCIPAL MERIDIAN IN
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A FOUND MONUMENT MARKING THE NORTHEAST CORNER
OF SAID NORTHEAST QUARTER (NE ¼) OF THE NORTHWEST QUARTER (NW
'/4); THENCE ALONG THE EAST LINE OF SAID FORTY ACRE TRACT, SOUTH
2°26'03" WEST - 1320.00 FEET TO THE SOUTHEAST CORNER OF SAID FORTY
ACRE TRACT; THENCE ALONG THE SOUTH LINE OF SAID FORTY ACRE
TRACT, NORTH 87°31'54" WEST - 1328.81 FEET TO A FOUND %2" REBAR
MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT;
THENCE ALONG THE SOUTH LINE OF SAID SOUTH %2 OF THE NORTHWEST
QUARTER (NW1/4) OF THE NORTHWEST QUARTER (NW 1/4), NORTH 87°00'35"
WEST - 1326.52 FEET TO A FOUND %" IRON ROD MARKING THE SOUTHWEST
CORNER OF SAID TWENTY ACRE TRACT; THENCE ALONG THE WEST LINE
OF SAID SECTION 20, NORTH 2°14'07" EAST - 659.05 FEET TO THE
NORTHWEST CORNER OF SAID TWENTY ACRE TRACT; THENCE ALONG THE
NORTH LINE OF SAID TWENTY ACRE TRACT, SOUTH 87°02'33" EAST -
1328.25 FEET TO THE NORTHEAST CORNER OF SAID TWENTY ACRE TRACT
ON THE WEST LINE OF SAID NORTHEAST QUARTER (NE1/4) OF THE
NORTHWEST QUARTER (NW1/4); THENCE ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER (NE %4) OF THE NORTHWEST QUARTER (NW %4),
NORTH 2°23'12" EAST - 659.78 FEET TO A FOUND IRON PIN MARKING THE
NORTHWEST CORNER OF SAID FORTY ACRE TRACT; THENCE ALONG THE
NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 20 SOUTH
87°33'02" EAST - 1329.90 FEET TO THE POINT OF BEGINNING, CONTAINING
60.37 ACRES, MORE OR LESS, AND SUBJECT TO ANY EASEMENTS AND/OR
RIGHTS -OF -WAY, OF RECORD, OR RESTRICTIONS, IF ANY.
-1
TayeiARKANSAS
125 W. Mountain St.
THE CITY OF FP.YETTEVILLE, ARKANSAS Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: December 6, 2004
PC Meeting of December 13, 2004
ANX 04-1334: (HARPERITEATER, 101): Submitted by MICHELE, A HARRINGTON for
property located at 5513 GEORGE ANDERSON ROAD. The property is in the Planning Area
and contains approximately 60.37 acres. The request is to annex the subject property into the
City of Fayetteville.
Property Owner: CRAIG & KARYN HARPER
Property Owner: VERL TEATER Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the requested annexation based on the findings included as
part of this report with the following condition(s):
PLANNING COMMISSION ACTION: Required YES
Approved O Denied
Date: December 13, 2004 S,�k�„2- 7..Q -.t A)o. Ok
CITY COUNCIL ACTION: Required YES
O Approved 0 Denied
Date: January 4, 2005 (1't reading if recommended)
BACKGROUND:
Property description: The subject property contains three tracts of property totaling 60.37 acres.
The property is located north of Zion Road and east of George Anderson Road within the
Planning Area. Copper Creek Subdivision (under construction) and a small tract of
approximately 2 acres recently annexed and rezoned abut the property to the west. At this time,
the subject property is used for agricultural purposes and pasture with at least one single family
home located on the property.
Proposal: The applicants propose annexation of 60.37 acres into the City of Fayetteville.
K:IReports120041PC Repora112-13-0414NX 04-1334 (Harper-Teater).doc
Recommendation: Staff recommends approval of the proposed annexation. The subject property
is adjacent to the City limits, and future development of the area may be consistent and
compatible to surrounding subdivisions should the property be annexed into the City of
Fayetteville.
SURROUNDING LAND USE AND ZONING
Direction
Land Use
Zoning
North
Single family homes on large lots
Planning Area
South
Single family homes on large lots
Planning Area
East
Vacant/Pasture
Planning Area
West
Vacant (Copper Creek under construction)
RSF-4, Residential Agricultural
INFRASTRUCTURE:
Streets: The site has frontage on George Anderson, Zion, and Butterfield Coach Roads.
At the time of development, these streets will need to be brought up to current
standards along the property frontage. These improvements include right-of-way
dedication; pavement, curb and gutter, sidewalks and storm drainage.
Surrounding Master Street Plan Streets:
North: Howard Nickle Road (Collector) — Currently a Private Drive
South: Zion Rd (Collector)
East: Butterfield Coach Road (Minor Arterial)
West: George Anderson Rd. (Collector)
Water: The site currently does have access to public water. The nearest water main is a 3"
waterline along Zion Road and a 2" waterline along Butterfield Coach Road.
Substantial improvements will be required to serve any development within this
property. This includes main extensions to create a looped system. Water service
will also need to be extended within the property at the time of development.
Sewer: The site does not have access to sanitary sewer. There is an 8" sewer main across
George Anderson Road to the west. A capacity analysis of the sewer lines
downstream of the site shall be conducted prior to development. The sanitary
sewer service will need to be extended within the property at the time of
development.
Fire: The subject property is located approximately 4.1 miles from the Fire Station #4.
Response time to the property is approximately 11-12 minutes and a projected 9-
11 minutes response time at maximum build -out.
Police: It is the opinion of the Fayetteville Police Department that this annexation will
not substantially alter the population density nor will it create an undesirable
increase on police services. This annexation will increase our response time to
calls for service because this property is on the very outer fringes of our current
service area.
K:IReports120041RC Reportv112-13-0414NX 04-/334 (Harper-Teater).doc
0 •
LAND USE PLAN: General Plan 2020 identifies the portion of this property within the
Planning Area as Residential.
FINDINGS:
11.6 ANNEXATION GUIDING POLICIES
BOUNDARIES
11.6.a Annex existing islands and peninsulas and do not annex areas that would create an
island or peninsula.
Finding: The requested annexation will create an extension of a peninsula east of the
approved Clabber Creek Subdivision. Annexation of the property will not
create an island of unincorporated property.
11.6.b Proposed annexation area must be adjacent, or contiguous, to city limits.
Finding: The proposed annexation area is adjacent to the City Limits to the west.
11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not
divide.
Finding: This area is primarily used for pasture at this time. Structures on the subject
property consist of at least one single family dwelling and accessory structures
for agricultural purposes. The property does not consist of defined subdivisions
or neighborhoods; however, future development plans may include the
extension of the surrounding subdivisions currently under construction.
Annexation of the property to allow for Planning Commission review of
development in accordance with City standards is recommended.
11.6.d Boundaries for annexed areas should follow natural corridors.
Finding: Proposed boundaries follow property lines of three existing parcels.
11.6.e Timing of services within annexation areas should be considered.
Finding: Current conditions result in a response time of 11-12 minutes for fire
protection from Fire Station #4. Extension of water and sewer lines shall
occur at the time of development.
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: The property is mainly cleared pasture land with few trees, mostly located along
the fence lines and surrounding an existing pond on the property. Development
K: IReports12004�PC Reportsll2-13-04W NX 04-1334 (Harper-Teater).doc
• 0
regulations
within
the City will
ensure
appropriate development and
preservation
of the
existing natural
features
on the property.
EMERGENCY AND PUBLIC SERVICES
11.6.g Public services must be able to be provided efficiently in newly annexed areas.
Finding: The police department reports that this annexation and rezoning will not
substantially alter the population density and thereby undesirably increase the
load on police services or create and appreciable increase in traffic danger and
congestion in the area. It will, however, have an increased response time due to
the location of the property on the northern fringe of the City.
11.6.h Annexed areas should receive the same level of service of areas already in the city
limits.
Finding:
Fire and
police service
shall
be provided to this area with the same level of
response
and service as
other
developments in this area.
11.6.i The ability to provide public
services
should be evaluated
in terms of equipment,
training of personnel, number
of units
and response time.
Finding: These factors were taken into consideration in the responses and
recommendations included in this report.
INFRASTRUCTURE AND UTILITIES
11.6.j Areas currently served by utilities and other public services should be annexed.
Finding: Water, fire and police protection are currently provided in the surrounding
areas.
11.6.k Proposed annexation areas should not require the upgrading of utilities to meet the
demands of development unless there is a threat to public safety.
Finding: Improvements to sewer and street systems and installation of fire hydrants
would be made necessary by the annexation should additional development
occur on the subject property.
11.6.1 Phased annexation should be initiated by the City within active annexation areas
based on planned service extensions or availability of services.
Finding: The proposed annexation is not part of a phased annexation initiated by the
City.
K: IReports12004tPC Repora112-13-0414NX 04-1334 (Harpy-Teater).doc
INTERGOVERNMENTAL RELATIONS
11.6.m Promote long-range planning with adjacent jurisdictions.
Finding: N/A
11.6.n Establish agreements to address regional con. cros, 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
property owners request for annexation and request to rezone this property
RSF-4, Residential single family, 4 units/acre. This zoning designation is
compatible with the Residential classification of the adjacent area on the City's
adopted Future Land Use Plan. Staff finds that this zoning designation is
compatible with that of the property being developed to the west, and property
recently annexed and rezoned in this area.
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 property.
11.6.q Development proposals require a separate review from the annexation proposals.
Finding: Development of this property has not been proposed. At the time the applicant
desires to development the property, the applicant will be required to submit
project plans for review and approval by the Planning Commission.
11.6.r Residents should be fully informed of annexation activities.
Finding: Adjoining neighbors have been notified of the annexation request. A legal ad
and display have both been submitted with a local newspaper prior to the
Planning Commission meeting for which this item is scheduled.
11.6.w Encourage larger annexations to create acceptable boundaries.
Finding: This annexation includes three tracts of land totaling 60.37 acres owned by the
G & L Properites (Harper) and Teater. The combined requests create a
reasonable boundary due to the size and configuration of the property, although
it is creating the extension of an existing peninsula.
11.6.t Conduct a fiscal impact assessments on large annexations.
Finding: No fiscal impact assessment was conducted for this annexation of 60 acres.
K: tReports12004IPC Reportril2-13-04WNX 04-1334 (Harp&-Teater).doc
0
From Fayetteville General Plan 2020 — 2002 Revision
11.6 Annexation Guiding Policies
Boundaries
I I.6.a Annex existing islands and peninsulas and do not annex areas that would create an island or
peninsula.
I I.6.b Proposed annexation area must be adjacent, or contiguous, to city limits.
11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide.
11.6.d Boundaries for annexed areas should follow natural corridors.
11.6.e Timing of services within annexation areas should be considered.
Environmentally Sensitive Areas
11.6. f Annex environmentally sensitive areas that could be impacted by development and utilize
appropriate development regulations to protect those areas.
Emergency and Public Services
II .6.g Public services must be able to be provided efficiently in newly annexed areas.
II .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
I I.6.j Areas currently served by utilities and other public services should be annexed.
11.6.k Proposed annexation areas should not require the upgrading of utilities to meet the demands of
development unless there is a threat to public safety.
11.6.1 Phased annexation should be initiated by the City within active annexation areas based on planned
service extensions or availability of services.
Intergovernmental Relations
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.
I 1.6.r Residents should be fully informed of annexation activities.
I I.6.w Encourage larger annexations to create acceptable boundaries.
I I.6.t Conduct a fiscal impact assessments on large annexations.
K: Reportsl2004IPC Reportsli2-13-04WNX 04-1334 (Harps-Teater).doc
0
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IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF:
ANNEXING TO THE CITY OF FAYETTEVILLE,
ARKANSAS, CERTAIN LANDS CONTIGUOUS
TO SAID CITY OF FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS Case No. CC 2004- 3 C)
G & L PROPERTIES, LLC, an Arkansas — ;t o
Limited Liability Company, and VERL D. TEATER, a single person EPETITJ6NIERS.
(I) c
_ v c) c,
o
PETITION FOR ANNEXATION
`r (i.D . fl
c� ~i d
Come now, G & L PROPERTIES, LLC, an Arkansas Limited Li@b`mrgt ,Company, and
cn
VERL D. TEATER, a single person, Petitioners, and for their Petition fat xatinastate as
follows:.
Petitioner, G & L PROPERTIES, LLC, an Arkansas Limited Liability Company,
is the sole record owner of 37.28 acres (Tract 1) and 3.00 acres (Tract 2) which are included in the
below described 60.37 acres situated in Washington County, Arkansas. VERL D. TEATER, a
single person, is the sole record owner of 20.09 acres (Tract 3) which are included in the below
described 60.37 acres situated in Washington County, Arkansas, to -wit:
The South One Half (S ½) of the Northwest Quarter (NW 1V4)of the Northwest Quarter
(NW %)of Section Twenty (20) and the Northeast Quarter (NE u)of the Northwest
Quarter (NW r)of Section Twenty (20), all in Township Seventeen North (17) Range
Twenty-nine (29) West of the Fifth Principal Meridian in Washington County,
Arkansas, being more particularly described as follows, to -wit:
Beginning at a found monument marking the Northeast corner of said Northeast
Quarter (NE %)of the Northwest Quarter (NW 1A);thence along the East line of said
forty acre tract, South 2°26'03" West - 1320.00 feet to the Southeast corner of said
forty acre tract; thence along the South line of said forty acre tract, North 87°31'54"
West .- 1328.81 feet to a found %" rebar marking the Southwest corner of said forty
acre tract; thence along the South line of said South 1/i of the Northwest Quarter
(NW1/4) of the Northwest Quarter (NW1/4), North 87°00'35" West - 1326.52 feet to
a found Vi" iron rod marking the Southwest corner of said twenty acre tract; thence
along the West line of said Section 20, North 2°14'07" East - 659.05 feet to the
Page 1 of 6 Pages
3 d 60£6/Z6l£9'ON/Zl 6 IS/91:6 b00Z b 90d(03M) 63 13 00VM WO8i
Northwest corner of said twenty acre tract; thence along the North line of said twenty
acre tract, South 87°02'33" East - 1328.25 feet to the Northeast corner of said twenty
acre tract on the West line of said Northeast Quarter (NE1/4) of the Northwest Quarter
(NW1/4); thence along the West line of said Northeast Quarter (NE 'A) of the
Northwest Quarter (NW 'A),North 2°23'12" East - 659.78 feet to a found iron pin
marking the Northwest comer of said forty acre tract; thence along the North line of
the Northwest Quarter of said Section 20 South 87°33'02" East - 1329.90 feet to the
POINT OF BEGINNING, containing 60.37 acres, more or less, and subject to any
easements and/or rights -of -way, of record, or restrictions, if any.
2. Petitioner, G & L PROPERTIES, LLC, an Arkansas Limited Liability Company,
purchased 37.28 acres from GEORGE E. ANDERSON and SARALEE F. ANDERSON,
husband and wife on July 13, 2004. A copy of the Warranty Deed is attached hereto as Exhibit "A".
3. Petitioner, G & L PROPERTIES, LLC, an Arkansas Limited Liability Company,
purchased 3.00 acres from DAWN L. ASHBY, Trustee of the DAWN L. ASHBY
REVOCABLE TRUST, u/t/d September 17, 2001, on July 2, 2004. A copy of the Warranty
Deed (Trustee) is attached hereto as Exhibit "B".
4. Said property is depicted on the flat of Survey dated July 21, 2004, prepared by
Engineering Services, Inc., a copy of which is attached hereto as Exhibit "C" and made a part
hereof by reference.
5. The legal descriptions for the separate Tracts 1, 2 and 3 are attached hereto as
Exhibit "D".
6. All of the property described herein is adjacent and contiguous to the present city
boundary line for the City of Fayetteville, Washington County, Arkansas.
7. A true and correct copy of the Vicinity Map of the property described herein is
attached hereto as a part of Exhibit "E" and made a part hereof by reference.
8. All of the above -described property is suitable for annexation to the City of
Fayetteville, Arkansas, and is necessary for the proper growth, prosperity and management of the
above -described property and the City of Fayetteville, Arkansas.
9. - Pursuant to Arkansas Code Annotated § 14-40-601 et seq, this Court has jurisdiction
over the subject matter herein, and Petitioners request that the property described herein be annexed
to the City of Fayetteville, Arkansas.
Page 2 of 6 Pages
E d 60EGLZVlE9'ON/Zl:6 1S/9l 6 b00Z b 9flv(03M) Nd310 00UM NOdd
I
10. Petitioners further state that the law fun of Harrington, Miller, Neihouse & Kieklak,
P.A., Springdale, Arkansas, is authorized to act for and on behalf of the Petitioners in all matters
connected with this Petition and subsequent hearings or annexation proceedings connected
therewith.
11. Petitioners request that this Court set a date for hearing this Petition, not less than
thirty (30) days after the date of the filing of this Petition, pursuant to Arkansas law.
WHEREFORE, Petitioners pray that the property described herein be annexed to the City of
Fayetteville, Washington County, Arkansas, pursuant to the provisions of Arkansas law, after a
hearing thereon as required by law; and that this Court, by its Order, fix a time and place for said
hearing not less than thirty (30) days from the filing of this Petition; and for all other proper relief to
which Petitioners may be entitled.
G & L PROPERTIES, LLC, an Arkansas limited liability
company, and VERL D. TEATER, a single person,
Petitioners
HARRINGTON, MILLER, NEIHOUSE & KIEKLAK
A Professional Association
113 East Emma Avenue
Post Office Box 687
Springdale, Arkansas 72765
(479) 751-6464
Attorneys for Petitioners
By: a
Michele A. Harrington
Arkansas Bar No. 85217
V d VO£VLZVI£9'ON/Zt:6 1S/1L 6 6001 6 9fV(03M) Nd31O 0DVM NOd3
VERIFICATION
STATE OF ARKANSAS )
) ss.
COUNTY OF WASHINGTON )
I, CRAIG HARPER, partner in G & L PROPERTIES, LLC, an Arkansas Limited
Liability Company, Petitioner herein, hereby state under oath that I have read the above and
foregoing Petition for Annexation, and that the facts and allegations contained therein are true and
correct to the best of our knowledge and belief.
G & L PROPERTIES, LLC., an Arkansas
limited liability com any
,,,()��
By:
SUBSCRIBED AND SWORN to before me, a Notary Public, this day of
9t Ott 2004
My Commission Expires:
otary Public
LINDA A. MAESTRI
NOTARY PUBLIC
WASHINGTON COUNTY ARKANSAS
MY COMMISSION EXPIRES 06.16.2012
9 d POE P1361S9'0N/31:6 1S/1.1:6 6003 V OOV(03M) H310 00VM W083
u
VERIFICATION
STATE OF ARKANSAS )
)ss.
COUNTY OF WASHINGTON )
I, VERL D. TEATER, a single person, Petitioner herein, hereby state under oath that I
have read the above and foregoing Petition for Annexation, and that the facts and allegations
contained therein are true and correct to the best of o knowled a and belief.
VERL D. TEATER
31h -
SUBSCRIBED AND SWORN to before me, a Notary Public, this d`day of
q i 004.
My Commission Expires: (Xk �j L&/nfl;
Notary Public
LINDA D- MAESTRI
NOTARY PUBLIC
WASHWCTON COUNTY ARKANSAS
MY COMMISSION Exit RES 06.16-2112
Page 5 of 6 Pages
9 d 6066U6189 ON/L:6 1S/L l: 6 6004 6 9fly (O]M)
9x310 OOVM WOUJ
C
1, Michele A_ Harrington, attorney for petitioners herein, hereby certify that I have served a
true copy of the withinund foregoing on the City Clerk for the City of Fayetteville, Arkansas, by
placing a copy thereof in the U. S. Mail, postaAc prepaid, addressed to her mailing address in
Fayetteville, Arkansas, this theAtM day of 2004.
Page 6 of 6 Pages
d VO£6U61S9 ON/Z1:6 1S/L1:6 6002 V Of1V(03M) H831O OOVM WOdi
FROM WACO CLERK S (WED)AUG 4 2004 9S'ST. 9:12/NO.6314274304 P 8
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FROM WACO CLERK (WED)RUG 4 2004 9.1 'ST, 9:12/NO.6314274304 P 9
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Fit IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
995{P 9 FPl `i @9
t A^_„' COMBS P17CNa,ft:!
IN THE MATTER OF: CO PROBATE CLERK
ANNEXATION OF CERTAIN LANDS TO THE Yi �{ ; pir' ? ' ;' j !' l'
CITY OF FAYETTEVILLE, ARKANSAS Case No. CC 2004-30
DECREE OF ANNEXATION
Now on this 4 day of September, 2004, this cause comes on to be heard, the
Petitioners, G & L Properties, LLC, and Arkansas Limited Liability Company, and Verl D.
Teater, a single person, Petitioners, through their attorney, Michele A. Harrington of
Harrington, Miller, Neihouse & Kieklak, P.A., of Springdale, Arkansas, announcing ready for
a hearing of the cause and there being no protests or objections filed, whereupon, the matter is
submitted to the Court upon the verified petition filed herein, and any oral and documentary
evidence adduced, the Court being well and sufficiently advised of the facts and the law, doth
hereby find, judge and decree as follows:
1. The Petition in this cause was filed on August 2, 2004, at which time this Court
fixed Thursday, September 9, 2004, at 10:30 a.m., as the date and time of hearing for said
cause, and that a full thirty (30) days has passed since the filing of the Petition, and this Court
has jurisdiction of the persons and subject matter of this cause of action, and venue is proper
herein.
2. The Petition filed herein named Harrington, Miller, Neihouse & Kieklak, P.A. to
act on
behalf of Petitioners in filing
and presenting the
Petition to
the
Court and handling all
matters
connected with the Petition, as
well the required
notices, and
this
and any other hearings
or annexation proceedings connected therewith.
3. Harrington, Miller, Neihouse & Kieklak, P.A. has given Notice of hearing on the
Petition as required by law, and the proof of publication of said notice is now on file with the
Clerk of this Court.
4. The Court is satisfied that the allegations of the Petition filed herein are sustained
by the proof, and that a majority of the total number of real estate owners in the area affected by
Page 1 of 3 Pages
this Petition have signed said Petition, and that such majority owns more than one-half (1/2) of
the acreage affected.
5. The land and territory sought to be annexed to the City of Fayetteville,
Washington County, Arkansas, in this cause is described as follows:
The South One Half (S '/2) of the Northwest Quarter (NW '/4)of the Northwest
Quarter (NW '/4)of Section Twenty (20) and the Northeast Quarter (NE '/4)of the
Northwest Quarter (NW '/4)of Section Twenty (20), all in Township Seventeen
North (17) Range Twenty-nine (29) West of the Fifth Principal Meridian in
Washington County, Arkansas, being more particularly described as follows,
to -wit:
Beginning at a found monument marking the Northeast corner of said
Northeast Quarter (NE '/4)of the Northwest Quarter (NW '/4);thence along the
East line of said forty acre tract, South 2°26'03" West — 1320.00 feet to the
Southeast corner of said forty acre tract; thence along the South line of said
forty acre tract, North 87°31'54" West - 1328.81 feet to a found '/2" rebar
marking the Southwest corner of said forty acre tract; thence along the South
line of said South 'h of the Northwest Quarter (NW1/4) of the Northwest
Quarter (NW1/4), North 87°00'35" West - 1326.52 feet to a found '/a" iron
rod marking the Southwest corner of said twenty acre tract; thence along the
West line of said Section 20, North 2°14'07" East — 659.05 feet to the
Northwest corner of said twenty acre tract; thence along the North line of said
twenty acre tract, South 87°02'33" East - 1328.25 feet to the Northeast
corner of said twenty acre tract on the West line of said Northeast Quarter
(NE1/4) of the Northwest Quarter (NW1/4); thence along the West line of said
Northeast Quarter (NE 'A )of the Northwest Quarter (NW '/),North 2°23'12"
East - 659.78 feet to a found iron pin marking the Northwest corner of said
forty acre tract; thence along the North line of the Northwest Quarter of said
Section 20 South 87°33'02" East - 1329.90 feet to the POINT OF
BEGINNING, containing 60.37 acres, more or less, and subject to any
easements and/or rights -of -way, of record, or restrictions, if any.
and, the same is accurately described in the Petition filed herein.
6. Attached to and made a part of said Petition is an accurate Vicinity Map of the
above -described property that is sought to be annexed to the City of Fayetteville, Arkansas.
7. The above -described property owned by the Petitioners, G & L Properties, LLC,
an Arkansas Limited Liability Company, and Verl D. Teater, a single person, is adjacent and
contiguous to the present city boundary line for the City of Fayetteville, Washington County,
Arkansas.
Page 2 of 3 Pages
8. The above -described property is contiguous and adjacent to and adjoins the
present boundaries of the City of Fayetteville, and this territory should be annexed to and made a
part of the City of Fayetteville, Arkansas.
9.
The prayer of the Petition filed
herein is right and
proper and should
be granted.
IT
IS THEREFORE, CONSIDERED,
ORDERED AND
ADJUDGED that
the aforesaid
real estate situated in Washington County, Arkansas, is hereby annexed to and made a part of the
City of Fayetteville, Arkansas, in accordance with Act No. 1 of the acts of the Legislature of
1875 of the State of Arkansas and all acts amendatory thereto, particularly including Act 142 of
the Acts of Arkansas for the year 1963, as codified in Ark. Code Ann. §14-40-601, et seq.
IT IS FURTHER CONSIDERED, ORDERED • AND ADJUDGED that the original
papers in this cause be delivered to the Clerk of Washington County, Arkansas, with the same to
be properly recorded upon the records of Washington County, Arkansas, and the Clerk, after
properly recording and filing the original papers, is directed to prepare certified transcripts of the
same; that one of the certified transcripts shall be delivered to the City of Fayetteville, Arkansas,
one copy to the Secretary of State, and one copy to the Director of the Tax Division of the
Arkansas Public Service Commission.
J HU T , County Judge
Page 3 of 3 Pages
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ANX04-1334
One Mile View
C•]
HARPER/TEATER
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Overview
SUBJECT PROPERTY
Boundary
—`..e Planning Area
rp 0000
0 o Overlay District
000000
Outside City
®.0h1 0.2 0.3 0.4
Miles
Master Street Plan
Master Street Plan
Freeway/Expressway
Principal Arterial
Minor Arterial
Collector
• • • • Historic Collector
All !JJTI!JI0!NAIN0TIM.
• City of Fayetteville
Staff Review Form
•
Jeremy Pate
Submitted By
City Council Agenda Items
Contracts
4 -Jan -05
City Council Meeting Date
Planning
Division
Action Required:
ater) annexing property
containing approximately 60.37 acres into the City of Fayetteville.
$0.00 n/a
Cost of this request Category/Project Budget
n/a
Account Number
n/a
Project Number
Budgeted Item
n/a
Funds Used to Date
n/a
Remaining Balance
Budget Adjustment Attached EJ
Operations
Department
at 5513 George Anderson
n/a
Program Category / Project Name
n/a
Program / Project Category Name
n/a
Fund Name
Previous Ordinance or Resolution #
Z Zo oil Original Contract Date:
Departm •nt Director Date _
Ci orney
Mayor
Original Contract Number:
f 2- ii dq Received in City Clerk's Office
Date
Received in May is Office
(L/2h1
Date
n/a
n/a
n/a
Clarice Pearman - ANX 04-1334 Page 1
From: Clarice Pearman
To: Pate, Jeremy
Subject: ANX 04-1334
Attached is the resolution passed by the City Council on January 4, 2005 regarding annexation petition of
Harper/Teater.
Thanks.
'Norduvest Arkansas' Most wid4 Read Newspaper"
AFFIDAVIT OF PUBLICATION
I, L. , do solemnly swear that I am the
Legal Cie c of the ArkaKs 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:
inserted in the regular editions on
** Publication Charge: $ I ?G3. ( R
Subscribed and sworn to Tfore me this
/ riday of , 2005.
Notary. Public Sharlene D. Williams
Notary Public
My Commission Expires: State of Arkansas
My Commission Expires
October 18, 2014
** Please do not pay from Affidavit.
An invoice will be sent.
RECEIVED
JAN 24 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)
• •
.__ ORDINANCE NO. 4064 AN PERTY r
1334DESANNDE ING TO THE PETIFAYEITGNX 04- a . evi le
1334 AN S, PRO TO THE CITY OF FAYEREVIUEI
ARKANSAS, PROPERTY LOCATED NORTH OF ZION Ilr
ROAD. FAST OF GEORGE ANDERSON ROAD CON-
' TANNING APPROXIMATELY 60.37 ACRES ARKANSAS
SE R ORDAINED BY THE CITY COUNCIL OF THE CRV OF PAYETIEVLLLE ARNANSA8:
Sactlon 1: That the CM Coundl hereby conllnns the annexetbn to the Oily of Feyettevfe. Arkansas, of
that Properly described In ExNbf °A° attached hereto and made a Part hereof.
Section 2: The officlel map of the City of Feyottevllle, Arkansas, is hereby emended to reflect the change
proAdod in Sec ion 1 abo .
3: That GISCW zoning map of City of Fayettevlg, Akansas is heeby amargad to aSSgn the zcs*� d R Agdp/exa to the aA act property.
Sectbn 4: That the abo- e-desolbod property Is hereby assigned to Ward No. Tkeo
PASSED and APPROVED th s 4th day of January, 2005.
APPROVED:
DAN GOODY. Yee.
ATTEST
BY
SONDRA SMITH, CNN Clerk
EXHIBIT •A•
ANX 04-1334
• THE SOUTH ONE HALF (S 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHWEST
QUARTER (NW 1/4) OF SECTION TWENTY (20) AND THE NORTHEAST QUARTER (NE 1/4) OF THE
NORTHWEST QUARTER (NW 1/4) OF SECTION TWENTY (20), ALL IN TOWNSHIP SEVENTEEN
NORTH (17) RANGE TWENTY-NINE (29) WEST OF THE RFTH PRINCIPAL MERIDLAN IN WASHINGTON
COUNTY, ARKANSASS, BEING MORE PARTICULARLY DESCRIBED AS FOL OWS, TO -VAT;
BEGINNING ALA FOUND MONUMENT MARKING THE NORTHEAST CORNER OF SAID NORTHEAST
(NE 1/4) OF THE NORTHWEST OUAJRTER M 1/4); THENCE ALONG THE EAST LINE OF
SAIDER FORTYACRE TRACT, SOUTH 2°28'03' WEST - 1320,00 FEET TO THE SOUTiEAST CORNER
OF SAID FORTY ACRE TRACT,. THENCE ALONG THE SOUTH UNE OF SAD FORTY ACRE TRACT;
NORTH 87°31.54" WEST - 1328.81 FEET TO A FOUND 12' REBAR MARKING THE SOUTHWEST
CORNER OF SAID FORTY ACRE TRACT, THENCE ALONG THE SOUTH UNE OF SAID SOUTH 1/2 OF
THE NORTHWEST QUARTER (WW1/4) OF THE NORTHWEST QUARTER (NW 1/4), NORTH 87°00'35•
WEST -1326.52 FEET TO A FOUND 1/4• IRON ROD MARKING THE SOUTHWEST CORNER OF SAID
TWENTY ACRE TRACT; THENCE ALONG THE WEST LINE OF SAID SECTION 20. NORTH 2.14.07'
EAST - 659.05 FEET TO THE NORTHWEST CORNER OF SAO TWENTY ACRE TRACT, THENCE
ALONG THE NORTH UNE OF SAID TWENTY ACRE TRACT SOUTH 870233• EAST - 1328.25 FEET
TO THE NORTHEAST CORNER OF SAID TWENTY ACRE TRACT ON THE WEST UNE OF SAID
NORTHEAST QUARTER (NE1/4) OF THE NORTHWEST QUARTER (NWT/4); THENCE ALONG THE
WEST NESTH INE E OF SAID NORTHE
AST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4),
NER OF SAID FORTY ACRE TRACT; THENCEALONG T59.70 FEET TO A FOUND HE NORTH UNE OFTHE ORTHWESTN PIN MMICNQ THE COT.
TER OF SAID SECTION 20 SOUTH 87°3302• EAST- 132990 FEET TO THE POINT OF E[-SOINNNI G,
CONTNNING 50.37 ACRES, MORE OR LESS, AND SUBJECT TO ANY EASEMENTS t0'OR
RIGHTS.OF-WAY OF RECORD, OR RESTRICTIONS IF ANY 1"
FROM
(THU)FB 17 2005 i1 r00/bT, iUi59/No• BBIB79B4"z0 rr i
• •
State of Arkansas
Washington County Courthouse
280 North College Ave, Suite 300
Fayetteville, AR 72701
Telephone: (479)-444-1711
Fax: (479)-444-1S94
FAx TRANSMISSION
To: Fayetteville City Clerk's Office Date: February 17, 2005
Clarice
Fax #: 718-7895 Pages: 3; including cover sheet
From: Jennifer Sharpshair
Subject: Confirmation from the Sec of State for annexations CC2004-28 & 30
RECEJV o
FEB 1 7 2005
CITY OF FA YETiEVILLE
CITY CLERK'S OFFICE