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HomeMy WebLinkAboutOrdinance 4688 Doc 1D : 06 2005 o FeecAmtaS13/00/Pace it f4203 . 02 PM Mashlncton Count. . AR Bette Stamps Clrcult Clerk ORDINANCE NO. 4688 F31e2005-00019488 AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 05- 1365 ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS, CERTAIN PROPERTY LOCATED EAST OF SALEM ROAD, NORTH OF CRYSTAL SPRINGS SUBDIVISION PHASE 1, CONTAINING APPROXIMATELY 10.00 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. T o m . Section 4: That the above-described property is hereby assigne?'i d N9 Four. C) IoM a3 PASSED and APPROVED this 5`s day of April, 2005. o � N -o om m 3 APPROVED: M i o �SG�., r 1_1 co a \ ZOO = By: ; FAYETTEVILLE ; 3 DAN COODY, Mayor *A NS ATTEST: By: u SONDRA SMITH, City Clerk � c coo N- GG EXHIBIT "A" ANX 05-1365 A PARCEL LOCATED IN THE NE '/40F THE NW '/4 OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, DESCRIBED AS COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION; SAID POINT BEING A FOUND STONE AND THE POINT OF BEGINNING. THENCE S02058 '27"W 327.84 FEET TO A POINT ON THE EAST BOUNDARY OF SAID 40 ACRE TRACT; SAID POINT BEING THE NORTHEAST CORNER OF CRYSTAL SPRINGS PHASE I, TO THE CITY OF FAYETTEVILLE, ARKANSAS AS FILED IN CIRCUIT CLERKS OFFICE OF WASHINGTON COUNTY, ARKANSAS; THENCE ALONG NORTH BOUNDARY OF SAID SUBDIVISION N87035 ' 169'W 1327. 14 FEET TO THE WEST BOUNDARY OF SAID FORTY; THENCE NO2°23 '44"E 327.82 FEET TO THE NORTHWEST CORNER OF SAID FORTY; THENCE S87035916"E 1330.45 FEET TO THE POINT OF BEGINNING CONTAINING 10.00 ACRES MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. Washington County, AR I certify this instrument was filed on 05/()8/2005 04:03:02 PM and recorded in Real Estate File Number 2005-00019488 Better Stamps - Circuit Clerk by % L> IN THE COT rNTY COURT OF WASHINGTON COUNTY,P44MSAS IN THE MATTER OF THE PETITION OF CERTAIN ' 09 OCT 21 PM 2 50 PROPERTY TO THE CITY OF FAYETTEVILLE, WASHINGTON CO[ NTY, ARKANSAS KAREN COMBS PRITCHARD " 0 fj06IeTE CLERK NO, ARK. PETITION TO ANNEX TERRITORY TO THE CITY Ole FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS Comes now the petitioner, G N Development, LLC, an Arkansas limited liability company, and for its Petition to ; amex certain property into the City of Fayetteville, Washington, County, Arkansas, pursuant to JL.C.A. Section 14-40-601 , et. Seq. states as follows: 1 . That petitioner, G N Development, LLC, an Arkansas limited liability company, owns the : real property described on the Plat Map, Exhibit "A", attached hereto and made a )art hereof, .and said property is situated in Washington County, Arkansas, - - - and is c, mtiguous with the City of Fayetteville, Arkansas, an is within the"City of - Fayette,% ille, School District. 2. That pe itioner names its Manager, Ron Wilkins, its engineer of record, Melvin Milho1L• ind, and James Atwood, Attorney at Law, P.A_ as the persons authorized to act on it s behalf with respect to this petition. 3 . That UN petitioner desires that its property become part of the City of Fayetteville, Arkanst s, and petitions the County Judge for annexation of the property into the City of Fayei teville. 4. That a t ve and correct presentation of the property and how it is contiguous to the City of I 'ayetteville, Arkansas is shown on the Plat Map, Exhibit "A", attached hereto. 5. That th ; petitioner herein desires that the property become part of the City of Page 1 of 2 Fayettei ille, Washington County, Arkansas, and petitioner states that it will do any and all 1 !gal acts necessary to accomplish the objective set forth herein. THERE FORE, petitioner respectfully prays that this Court set a hearing, and after notice of such 1 eating, that the County Judge sign an Order annexing the above described real property itr o the City of Fayetteville, Washington County, Arkansas, and to order such other relief as i: , appropriate under applicable law. Respect fully submitted this day of CfA 2004 . G N Development, LLC JL Ron Wilkins, Manager of G N Development, LLC - -- - - - -- - - - - - SUBSCRIBED AND SWORN TO before me, a Notary Public, tk on this the X day of 22004. My Commission Expir :,s: EWpTON COU►�Tyrtiss� Eict�ires t2.1M J2010 Page 2 of 2 41XHIBIT "A " 0 q 'R sYRaT S � r RDAo wDAw� courm ROAD NDAw4 a 's I c . • P TAce L TXaN g • g 4 Mo N couK'y owvc I awm Dwrc Amu sea w y P.•�W.LL U1' � � t � � D. /A '�TMLtf O,l'M CRYSTAL DftT GN . DEVELOPMENT, LLC VICINITY MAP E_728 SURVEY D _SCRIPTION.- PARCEL / 001 - 16816-000 A PARCEL LOCATED IN THE NE } OF THE NW } OF SECTION 32, TOWN: ;HUP 17 NORTH, RANGE 30 WEST, DESCRIBED AS COMMENC14G AT THE NORTH QUARTER CORNER OF SAID SECTION; SAID POINT BEING A FOUND STONE AND THE POINT OF BEGINNING. THENCE S )T58'27V 327.84 FEET TO A POINT ON THE EAST BOUNDARY OF SAID 40 ACRE TRACT; SAID POINT BONG THE 14ORTHEASF CORNER OF CRYSTAL SPRINGS PHASE 1, TO THE CITY OF FAYETI EViLLE, ARKANSAS AS FILED IN CIRCUIT CLERKS OFFICE OF WASHIIIGTON COUNTY, ARKANSAS; THENCE A _ONG THE NORTH BOUNDARY OF SAID SUBDMSION N87'35'16 W 1327.14 FEET TO THE WEST BOUNDARY OF SAID FORTY; THENCE N0223'440E 327.82 FEET TO THE NORTHWEST CORNER OF SAID FOR1 Y• THENCE S37350160E 1330.45 FEET TO THE POINT OF BEGINNING , CONTAINING 10.00 ACRES, MORE OR LESS, WASHINGTON COUNTY, ) P, 0 0 IN THE COUNTY COURT OF WASHINGTON COUNTY FILED IN THE MATTER OF: "IV NOS 30 ANNEXATION OF CERTAIN LANDS TO THE Aft ] N r. 5 . . � CITY OF FAYETTEVILLE, ARKANSAS ba PRITCNAR NO. CG ZOO¢ - �6 is PRINBATE CLERK " , QST i ' TGP CO. ARK . ORDER OF ANNEXATION Now on this 30th day of November, 2004, this cause comes on to be heard, the Petitioner, G N Development, LLC, an Arkansas limited liability company, who is represented by the Engineer of Record, Melvin Milholland and James E Atwood, Attorney at Law, P.A., after announcing the hearing of the cause and there being no protests or objections, whereupon, the matter is submitted to the Courtupon the Petition filed herein, and the oral and documentary evidence having been adduced, the Court being well and sufficiently advised finds: 1 . The Petition in this cause was filed on the 2151 day of October, 2004 at which time this Court fixed the 30`h day of November, 2004, at 10: 00 a.m., as the date and time of hearing for said cause, and that a full notice of this hearing was given as required by law and the proof of publication. of said notice is now on file with the County Clerk of this Court and the Court has jurisdiction of this cause. 2. The Court is satisfied that the allegations of the Petition are sustained by the proof, that the limits of the territory to be annexed have been properly filed; that the property owner has a freehold interest in the property hereinafter described in the Petition and constitutes the real owner of the area affected. 3 . The land proposed to be annexed to the City of Fayetteville, Washington County, Page 1 of 2 Arkansas, in this cause is described on "Exhibit A" attached hereto. 4. The area is not unusually large and it is contiguous and adjacent to and adjoins the present corporate limits of the City of Fayetteville, and it is adapted for urban purposes and this territory should be annexed to and made a part of the City of Fayetteville, Arkansas. IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that the aforesaid real estate situated in Washington County, Arkansas, is hereby annexed to and made a part of the City of Fayetteville, Arkansas, in accordance with Acct. 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 1953 , as codified in Ark. Code Ann.§ 14-40-601 , et seq., and this Order shall be duly recorded by the County Clerk of Washington County. IT IS SO ORDERED this YN day of2004. T e Ho orabli Jerry Hunton gton County Judge Page 2 of 2 FROM • ( FRI ) FEB 10 2006 14 : 42 * 14 38 /No . 6816796387 P 15 CR! P ` State of Arkansas tea • .ter o� Secretary of State Bu41ne44 & Cwnmerclal Jemice.s 6823409 m y FILED male . 6dL W;u uWl°Ing & Oro°eae 602.3,409 ,4r�,JypS 1005 JUN 2 A(1 l. 0 ?8 W••4uokadons & eduvNion 68.}0059 5141e Gpl" Police 6112.5173 Charlie Daniels Runb».a oln" 662-0032 secretary of State KAREN COM85WITCHAf'�°`m°°O° TC°"°l°� 6az3, ll CO. & PROBATE CLERK May 31 , 2005 WASHINGTON CO. ARK. The Honorable Karen Combs Pritchard Washington County Clerk 280 North College Avenue, Suite 300 Fayetteville, AR 72701 Dear Ms.Pritchard: The Following Information has been recorded and filed in the Office of the Secretary of State: Date: 5/ 25/ 2005 County: Washington City: Prairie Grove Annexation: Ordinance No. Co. Order No. -4688 -CC-2004 -66 -4690 -CC-2004 -7L Resolution No. Plat - X Flection - °ANNEX tLE('TIONn island - 61SLANDn Incorporation: Ordinance No. -#DATE_FILED» Co. Order No. 4INCCOORDNO» Plat aINCPLATo Election Census Information Ist Class City 2nd Class City Incorporated Town I have forwarded this information to the Arkansas Municipal League. if you have any further questions please do not hesitate to contact me at 1 -900-482- 1127 or 682-3451 . Sincerely, I&" Alesha L. Harris Election Services Representative Room 266 Mate Capitol a 1Attle Rock, Arkansas 72201 .1094 601 -682. 1010 • FaX 501.682.3510" email: arsoe0sosme0.slale.ar.as - rnvw.aoa.u�llansaa.gov DSU City Council Me*g of March 15, 2005 Agenda Item Number CITY COUNCIL AGENDA MEMO P/ X rin,5S To: Mayor and City Council Subd w, Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: February 24, 2005 Subject: Annexation for Wilkins (ANX 05- 1365) RECOMMENDATION Planning Staff recommends approval of the requested annexation for Wilkins, a 10.0 acre tract located north of Crystal Springs Subdivision, Phase I. This action will incorporate the 10.0 acre tract of land contiguous with the city limits into the City of Fayetteville. BACKGROUND The subject property contains one 10.0-acre parcel owned by GN Development, LLC. It is located south of Kenwood Hills Subdivision and north of Crystal Springs Subdivision, Phase I in northwest Fayetteville. At this time, the property is currently vacant and located within the Planning Area. Annexation of the property will not create an island of unincorporated property, and does not exacerbate problems created by the extension of peninsulas. Staff recommended the annexation of this property to ensure development in accordance with City Ordinances. Water and sewer service shall be extended to the property at the time of development. Improvements to the existing infrastructure adjacent to this site and construction of streets in compliance with the Master Street Plan 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 the property for residential use within the City of Fayetteville. Staff recommended approval of the proposed annexation. Public comment was received from the Crystal Springs Subdivision' s Property Owner' s Association in favor of the requested annexation. DISCUSSION This item was heard at the regular Planning Commission on February 14, 2005. The Planning Commission voted 9-0-0 to forward this item to the City Council with a recommend of approval. BUDGET IMPACT None. • ! ORDINANCE NO. AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 05- 1365 ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS, CERTAIN PROPERTY LOCATED EAST OF SALEM ROAD, NORTH OF CRYSTAL SPRINGS SUBDIVISION PHASE I, CONTAINING APPROXIMATELY 10.00 ACRES\ BE IT ORDAINED BY THE CITY" COUNCIL SOF v 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. i 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. Four. PASSED AND APPROVED.this day of 2005 . APPROVED: By: Dan Coody, Mayor ATTEST: By: Sondra Smith, City Clerk EXHIBIT "A" ANX 05-1365 A PARCEL LOCATED IN THE NE '/< OF THE NW %< OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, DESCRIBED AS COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION; SAID POINT BEING A FOUND STONE AND THE POINT OF BEGINNING. I,X THENCE S02058'27"W 327.84 FEET TO A POINT ON THE`EAST BOUNDARY OF SAID 40 ACRE TRACT; SAID POINT BEING THE NORTHEAST . CORNER OF CRYSTAL SPRINGS PHASE I, TO THE CITY OF FAYETTEVILLE, ARKANSAS AS FILED IN CIRCUIT CLERKS OFFICE OF WASHINGTON COUNTY, ARKANSAS; THENCE ALONG NORTH BOUNDARY OF ,SAID SUBDIVISION N87�35�16"W 1327. 14 FEET TO THE WEST BOUNDARY OF SAID FORTY; THENCE NO2°23 '44'.3E 32. 7.82 FEET TO THE NORTHWEST CORNER OF SAID FORTY; THENCE S87°35 ' 16"E 1330.45 FEET TO THE POINT //OF BEGINNING CONTAINING 10.00 ACRES MORE OR LESS, WASHINGTON COUNTY, ARKANSAS.