HomeMy WebLinkAboutOrdinance 4690 Doc ID : 008454640002 Tvoe : REL
Recorded : 05/06/2005 at 03 : 02 : 08 PM
Fee Amt : 611 . 00 Paoe 1 of 2
Washlnoton Countv . AR
Bette 8tamo8 Circuit Clerk Q
ORDINANCE NO.
4690 F11e200S-0001948R '
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 05- 1370
ANNEXING TO THE CITY OF FAYETTEVILLE, ARKANSAS,
CERTAIN PROPERTY LOCATED AT 25775 22169 2844, 2822
DEADHORSE MOUNTAIN ROAD, CONTAINING
APPROXIMATELY 235.38 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 W5xd 191 One.
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PASSED and APPROVED this 5`" day of April, 2005. o c'>
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E ; FAYETTEVILLE ; 3 By. DAN COODY, Mayor
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ATTEST: %T0N���o�`�•
By: &Ad4�_ SaAyzur�'
S NDRA SMITH, City Clerk
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EXHIBIT "A"
ANX 05-1370
ALL OF THE NORTHEAST QUARTER OF SECTION TWENTY-SIX (26) LYING AND
BEING EAST OF WHITE RIVER, AND A PART OF SECTION TWENTY-FIVE (25), BEING
A PART OF THE NORTHWEST QUARTER, AND THE NORTH HALF OF NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER, AND THE WEST ONE HALF OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER; ALL LANDS ARE LOCATED IN T- 16-N, R-30-W, WASHINGTON COUNTY,
ARKANSAS AND MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE
NORTH QUARTER (N1/4) CORNER OF SAID SECTION 25 ;
THENCE S02035 '26"W 843 .62 FEET; THENCE S74° 18 '04"W 1046.81 FEET; THENCE
S0204014291W 1462.55 FEET; THENCE S87°00'36"E 213 .20 FEET; THENCE NO2°35 '26"E
443 .00 FEET; THENCE S87°00'36"E 284.50 FEET; THENCE N 02°35 '26"E 428.00 FEET;
THENCE S87000'36"E 284.50 FEET; THENCE S02°35 '26"W 871 .00 FEET;
TO THE SOUTH BOUNDARY OF THE NWI /4 OF SECTION 25;
THENCE N87000'36"W 782.20 FEET; THENCE S02°59'21 "W 659.85 FEET; THENCE
N8700112919W 1658.44 FEET TO A POINT ON THE WEST BOUNDARY OF SAID
SECTION 25;THENCE NO2049'30"E 660.29 FEET TO THE E1/4 CORNER OF SAID
SECTION 26; THENCE N87°03 ' 19"W 374.79 FEET TO THE CENTER OF THE WHITE
RIVER; THENCE ALONG THE CENTERLINE OF SAID RIVER N39°45 '03"W 862.78
FEET, N13046'25"W 642.69 FEET, N21048922"W 923 .85 FEET, N69023738"W 367. 13 FEET,
S86031 '46"W 75 .42 FEET, N56045 '52"W 308.00 FEET, N660281447'W 226.45 FEET AND
N22°08' 15"W 237.29 FEET TO A POINT ON THE NORTH LINE OF SECTION 26;
THENCE S87002755"E 2529.31 FEET TO THE NORTHWEST CORNER OF SAID SECTION
25 ; THENCE S87001109"E 2645.72 FEET TO THE POINT OF BEGINNING CONTAINING
235 .38 ACRES, MORE OR LESS, WASHINGTON COUNTY ARKANSAS.
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Washington County, AR
I certify this Instrument was filed on
05/08/2005 03:02:08 PM
and recorded in Real Estate
File Number 2005-00019488
Bette Stamps - Circuit Clerk
by
FROM (WED ) NOV 24 2004 1T. 15 : 14 /No . 6816796250 P 2
P
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARK4NSAS',
IN THE MATTER OF THE PETITION OF CERTAIN o
PROPERTY TO THE CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS
T ^a
NO,
PETITION TO ANNEX TERRITORY TO
THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS
Come now the petitioners (the "Petitioners'), whose names are set forth in Attachments A
through to this petition with such attachments incorporated into and a part of this petition, to
annex certain property into the City of Fayetteville, Washington, County, Arkansas, pursuant to
A.C.A. Section 14-40-601 , et. Seq. stales as follows:
1 . That Petitioners collectively own the real property described on the Plat Map, Exhibit
"A", attached hereto and made a part hereof (the "Real Property ), and the Real
Property is situated in Washington County, Arkansas, and is contiguous with the City
of Fayetteville, Arkansas, and is within the City of Fayetteville, School District. The
portion of the Real Property set forth in Exhibit A owned by each individual
petitioner is set forth in Attachments through () to this petition.
2. That Petitioners name Melvin Milholland, Clint McDonald, and James Atwood,
Attorney at Law, P.A. as the persons authorized to act on their behalf with respect to
this petition.
3 . That the Petitioners desire that the Real Property become part of the City of
Fayetteville, Arkansas, and petitions the County Judge for annexation of the property
into the City of Fayetteville.
4. That a true and correct presentation of the Real Property and how it is contiguous to
the City of Fayetteville, Arkansas is shown on the Plat Map, Exhibit "A", attached
hereto.
Pagel of2
FROM a (WED ) NOV 24 2004 110 T , 15 : 14 /No . 6816796250 P 3
5. That the Petitioners herein desire that the Real Property become part of the City of
Fayetteville, Washington County, Arkansas, and Petitioners state that they will do
any and all legal acts necessary to accomplish the objective set forth herein.
THEREFORE, Petitioners respectfully pray that this Court set a hearing, and after
notice of such hearing, that the County Judge sign an Order annexing the above described
Real Property into the City of Fayetteville, Washington County, Arkansas, and to order such
other relief as is appropriate under applicable law.
Respectfully submitted this 14 day of Ajom6tr 2004.
Each of the Petitioners has executed this document in Attachments through
D of this petition.
Page 2 of 2
FROM (WED ) NOV 24 2004 1T. 15 : 14 /No . 6816796250 P 4
EXHIBIT A."
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T- 16 - N
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R - 30 - W
VICINITY MAP E- 705
TRACTS A. Co D A• u": ALL TRACTS ARE TOUCHING EXISTING CITY LIMITS
WASNINGTON COUNTY FILE /'S: SEE /NOIV/DUAL TRACT DESCRIPTIONS
LAND OWNER NAMES:• SEE INDIVIDUAL TRACT DESCRIPTIONS
ANNEXATION BOUNDARY:
ALL OF THE NORTHEAST QUARTER OF SECTION TWENTY-SIX (26) LYING AND BEING EAST Of WHITE RIVER, AND A PART OF
SECTION TWENTY-FIVE (25), BEING A PART OF THE NORTHWEST QUARTER, AND THE NORTH HALF OF NORTHWEST QUARTER OF
THE SOUTHWEST QUARTER, AND THE WEST ONE HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER; ALL LANDS ARE LOCATED IN T- 16-N, R-30-W, WASHINGTON COUNTY, ARKANSAS, AND MORE
PARTICULARLY DESCRIBED AS BEGINNING AT THE NORTH QUARTER (NI/4) CORNER OF SAID SECTION 25;
THENCE S 02. 35' 26" W 843.62 FEET,• THENCE S 74' 18' 04" W 1046.8/ FEET,• THENCE S 02. 40' 42" W 1462.55 FEET;
THENCE S 87 00' 36" E 213.20 FEET• THENCE N 02' 33' 26m E 443.00 FEET; THENCE S 87' 00' 36" E 284.50 FEET,'
THENCE N 02' 35' 26" E 428.00 FEET; THENCE S 87' 00' 36" E 284.50 FEET.• THENCE S 02. 35' 26" W 871.00 FEET;
TO THE SOUTH BOUNDARY OF THE NW1/4 OF SECTION 25,
THENCE N 87' 00' 36" W 782.20 FEET; THENCE S OT 59' 21 " W 659.85 FEETTHENCE N 87m O1 ' 29" W 1658.44 FEET TO
A POINT ON THE WEST BOUNDARY OF SAID SECTION 25/
THENCE N 02' 49' JO" E 660.29 FEET TO THE E1/4 CORNER OF SAID SECTION 26,•
THENCE N 87' 03' 19" W 374.79 MY` TO THE CENTER OF THE WHITE RIVER; THENCE ALONG THE CENTERLINE OF SAID RIVER
N J9' 45' 03" W 862.78 FEET, N 13. 46' 15" W 642.69 FEET, N 21. 48' 21" W 923.85 FEET,
N 69' 2J' J8' W J67. 13 FEET, S 86' J1 ' 46" W 75.42 FEET, N 56' 45' S1" W 308.00 FEET,
N 66' 28. 44" W 226.45 FEET AND N 22' 08' IS" W 237.29 FEET TO A POINT ON THE NORTH UNE OF SECTION 26;
THENCE 5 87' 02' 55" E 2529.Jf FEET TO THE NORTHWEST CORNER OF SAID SECTION 25; -
THENCE S 67. Ol ' 09" E 2645. 72 FEET TO THE POINT OF BEGINNING
CONTAINING 235.38 ACRES, MORE OR LESS, WASHINGTON COUNTY ARKANSAS.
FROM (WED ) NOV 24 2004 1WT. 15 : 14 /No . 6816796250 P 5
ATTACHMENT A
FILE: 95019652
I, IMOGENE M. HALL, as the TRUSTEE OF THE HALL MARITAL DEDUCTION
TRUST EFFECTIVE 12-23-02, hereby certify that I hold an undivided 1/ 1 1 'h interest in
the following described real property in fee simple absolute, and I am executing this
Attachment A to be included in the petition to annex all of the Real Property described in
Exhibit A to the petition into the City of Fayetteville, Arkansas. Further, 1 adopt in its
entirety the petition to which this attachment is a part.
1, IMOGENE M. HALL, as the TRUSTEE OF THE HALL BYPASS TRUST
EFFECTIVE 12-23-02, hereby certify that 1 hold an undivided 10/11th interest in the
following described real property in fee simple absolute, and I am executing this
Attachment A to be included in the petition to annex all of the Real Property described in
Exhibit A to the petition into the City of Fayetteville, Arkansas. Further, I adopt in its
entirety the petition to which this attachment is a part.
AAWEXATION BOUNDARY:
THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION TWENTY FIVE
(25); THE WEST HALF OF THE WEST HALF OF THE EAST HALF OF THE
NORTHWEST QUARTER OF SECTION TWENTY FIVE (25); THE NORTH HALF
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
TWENTY FIVE (25); AND A TRACT OF LAND IN THE NORTHWEST CORNER
OF THE NORTHEAST QUARTER OF THE SOUTH WEST QUARTER OF SECTION
TWENTY FIVE (25), BEING TWENTY (20) RODS EAST AND WEST AND FORTY
(40) RODS NORTH AND SOUTH; ALL OF THE NORTHEAST QUARTER OF
SECTION TWENTY SIX (26) LYING AND BEING EAST OF WHITE RIVER; ALL
IN TOWNSHIP SIXTEEN (16) NORTH OF RANGE THIRTY (30) WEST AND
BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE
NORTHWEST CORNER OF SAID SECTION 25 ;
THENCE S 870 01 ' 09" E 1653 .58 FEET;
THENCE S 02" 40' 42" W 2641 .43 FEET;
THENCE S 02" 59' 21 " W 659.85 FEET;
THENCE N 870 01 ' 29" W 1658.44 FEET TO A POINT ON THE WEST
BOUNDARY OF SAID SECTION 25;
THENCE N 020 49' 30" E 660.29 FEET TO THE El /4 CORNER OF SECTION
26;
THENCE N 879 03' 19" W 374.79 FEET TO THE CENTER OF THE WHITE
RIVER;
THENCE ALONG THE CENTERLINE OF SAID RIVER
N 39 " 45' 03 " W 862.78 FEET,
N 130 46' 25" W 642.69 FEET,
N 210 48' 22" W 923 .85 FEET,
FROM (WED ) NOV 24 2004 1 �ST . 15 : 14 /No • 5816796250 P 6
N 690 2313811 W 367. 13 FEET,
S 86 ° 31 ' 46" W 75.42 FEET,
N 560 45' 52" W 308.00 FEET,
N 660 28' 44" W 226.45 FEET AND
N 220 08' 15" W 237.29 FEET TO A POINT ON THE NORTH LINE OF
SECTION 26,
THENCE S 870 02' 55" E 2529.31 FEET TO THE POINT OF BEGINNING.
CONTAINING 203.73 ACRES, MORE OR LESS, WASHINGTON COUNTY,
ARKANSAS
The petition is hereby executed this 3 day of N OU rmd6 L 2004,
HALL MARITAL DEDUCTION TRUST
EFFECTIVE 12-23-02
imbbEA M. HALL, as the TRUSTEE OF
THE IIALL MARITAL DEDUCTION
TRUST EFFECTIVE 12-23-02'
SUBSCRIBED AND SWORN TO before me, a Notary Public,
on this the a_ day of 2004.
My Commission Expires: t�I
=PUBUC
AL HALL BYPASS TRUST EFFECTIVE
NOLD 12-23-02
RKANSASOUNTY 0410112013
IMOGE A M. HALL as the TRUSTEE OF
THE HALL BYPASS TRUST EFFECTIVE
12-23-02
SUBSCRIBED AND SWORN TO before me, a Notary Public,
on this the �j day of 2004.
, 2004.
My Commission Expires:
q+ 13 a A AVS
DEME
ANSAS112013
FROM ( WED ) NOV 24 2004 1 0T . 15 : 14 /No . 6816796250 P 7
HALL FAMILY TRUST
all in Q� �2
IMOGENB Nf. HALL, trustee of the Hall
Family Trust
SUBSCRIBED AND SWORN TO before me, a Notary Public,
on this the 3 day of NDVun der 2004.
My Commission Expires:
OFFICIAL SEAL
AMANDA L. ARNOLD
NOTARY PUBLIC , ARKANSAS
WASHINGTON COUNTY
COMMISSION EXP, 041011
FROM • (WED ) NOV 24 2004 1T. 15 ; 14 /No . 6816796250 P 8
ATTACHMENT d
FILE#: BK 1152 PAGE 001
I. MARILYN JOHNSON as TRUSTEE of the MARILYN JOHNSON TRUST, hereby
certify that I hold the following described real property as trustee in fee simple absolute,
and I am executing this Attachment 21 to be included in the petition to annex all of the
Real Property described in Exhibit A to the petition into the City of Fayetteville,
Arkansas. Further, I adopt in its entirety the petition to which this attachment is a part.
ANNEXATIONBOUNDARY:
A PART OF THE EAST 3/4 OF THE NW 1/4 OF SECTION 25, T-16-N, R-30-W,
BEGINNING AT THE N 1/4 CORNER OF SAID SECTION;
THENCE S 02" 35' 26' W 843.62 FEET ALONG THE QUARTER SECTION
LINE TO IT'S INTERSECTION WITH THE NORTH RIGHT-OF-WAY OF
THE OLD FRISCO RAILROAD;
THENCE ALONG SAID RIGHT-OF-WAY S 74 ° 18' 04" W 1046.81 FEET;
THENCE N 02 ° 40' 42" E 1178.88 FEET TO THE NORTH BOUNDARY OF
SAID SECTION 25 ;
THENCE S 87 ° 01' 09" E 992. 15 FEET TO THE POINT OF BEGINNING,
CONTAINING 23.05 ACRES, MO&L OR LESS, WASHINGTON COUNTY,
ARKANSAS
The petition is hereby executed this � day of & [ ntx� 2004.
MARILYN JOHNSON TRUST
M AIRITYN O ON, as Astee of the
MARILYN JOHNSON TRUST
SUBSCRIBED AND SWORN TO before me, a Notary Public,
on this the 'Y day ofe�N/m 2004.
My Co ission Expires: `'E'. / -ADO
lLI C
OtANaI Sed
Emy
PHYLLIS T. TUCKER
Notary
WASHMTON�CoLgm
Cwukdm EginN 4-7-2WO
FROM • (WED ) NOV 24 2004 1 "LQ-1ST. 15 : 14 /No . 6816796250 P 9
ATTACHMENT G
FILE # 2002070933
We, KENNETH D. SCOTT & SYRONA R. SCOTT hereby certify that we hold the
following described real property in fee simple absolute, and we are executing this
Altachmentr to be included in the petition to annex all of the Real Property described in
Exhibit A to the petition into the City of Fayetteville, Arkansas. Further, we adopt in its
entirety the petition to which this attachment is a part.
ANNEXATION BOUNDARY:
A PART OF THE EAST 3/4 OF THE NW 1/4 OF SECTION 25, T- 16-N, R-30-W,
COMMENCING AT THE CENTER OF SAID SECTION, AND CONTINUING
THENCE N 87 ° 00' 36" W 214.00 FEET TO THE POINT OF BEGINNING:
THENCE N 870 00' 36" W 284.50 FEET;
THENCE N 020 35' 26" E 871 .00 FEET;
THENCE S 870 00' 36" E 284.50 FEET;
THENCE S 020 35' 26" W 871 .00 FEET TO THE POINT OF BEGINNING,
CONTAINING 5.69 ACRES, MORE OR LESS, WASHINGTON COUNTY,
ARKANSAS /1
The petition is hereby executed this day of / /fir, p„e 4u l , 2004.
4U aecI!g 1) 0 . <ke
KENNETH D. SCOTT
SUBSCRIBED AND SWORN TO before me, a Notary Public,
on this the day of 004. !AXNN, .Y B
tNotaryw.,,: - Arkansas
My Commission Expires; p n; :JmhinglonYian L3G 1 .•1',t4p10
uuV
NA R. SCOTT
SUBSCRIBED AND SWORN TO before me, a Notary Public,
In
on this the _q_ day of 0 UtMbt.V2004.
My Commission Expires:
U NAW 7 nAKER
pq.. n .CP9
FROM • (WED ) NOV 24 2004 1ST. 15 : 14 /No . 6816796250 P 10
ATTACHMENT Q
FILE # 93-39613
We, JOHNNY LEE CARPER & MELISA LYNNE CARPER hereby certify that we hold
the following described real property in fee simple absolute, and we are executing this
Attachment n to be included in the petition to annex all of the Real Property described in
Exhibit A to the petition into the City or Fayetteville, Arkansas. Further, we adopt in its
entirety the petition to which this attachment is a part.
ANNMTIONBOUNDARY:
A PART OF THE EAST 3/4 OF THE NW 1/4 OF SECTION 25, T- 16-N, R-30-W,
COMMENCING AT THE CENTER OF SAID SECTION, AND CONTINUING
THENCE N 870 00' 36" W 498.50 FEET TO THE POINT OF BEGINNING :
THENCE N 870 00' 36" W 284.50 FEET;
THENCE N 02 ° 35' 26" E 443.00 FEET;
THENCE S 870 00136" E 284.50 FEET;
THENCE S 020 35' 26" W 443.00 FEET TO TI•IE POINT OF BEGINNING,
CONTAINING 2.89 ACRES, MORE OR LESS, WASHINGTON COUNTY,
ARKANSAS
The petition is hereby executed this AQday of /VdKwjLr% 32004.
JOH NY totary
CARPER
SUBSCRIBED AND SWORN
/TO� before me, a Public,
on this the g — day of OQUMUI 12004. —
My Commission Expires:
NANCY RAKER
a01am— NotatyPub!ic - Arkansas
County& W v;hinvon