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Home My WebLink AboutOrdinance 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 �pnrranrrrrrr \ fee .R '�r.. '.��.' 0\SY O,c sGA'. ATTEST: p By: &( id � � „ U� FAYETTEVILLE�� 3 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII SONDRA SMITH, City Clerk LOO �g KANS?�' �,` Doc 10 : 008123810002 Two : REL ' �' „� JT0t4 %%% Fee eehAmt : O$11 . 00 Pace I Recorded : 02/01/2005 at f2208 : 30 PM Bette Stsmos Circuit Clerk File2005-00004791 NC acov - 3o 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: ras hwa bwrl -; ; nis in lrurne;;r C Z 'azw � .� Tf/o Lf.AnlC- ��f Mail tax statement to: 431 N 1 K%,646E lKe (G 3pternwowue .42 gavn* Z Prepared by Bronson Abstract Company, Inc., 3810 Front Street, Ste #5, Fayetteville, AR 72703 ARKANSAS AIRKAN.GS ARKANSAS NIYUMCNIART .., 'p UME ARY "DUCUMEWA AKKANSA$ ARKANSAS x110 ; 110 �5 4t' •` 1100 +lr ; to M � WCUNEM �« 0ST&Y DOCVAA" WA I MY .5D $ ��WI ItlW�l��ul II�III��I�I IQUNIU�®WV�PEL ��IU Doe ID • 007442750002 70403%1 : 54 PM Recorded: 07/o9/2004 atofS2 51 Fee Amt : 1 .00 Pace 1 Maehinaton G;00 t cjerk� �� Bette Ste= CSreoo02 F11e2004— 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