Loading...
HomeMy WebLinkAboutOrdinance 4709 Doc 10 : 008701210002 7voe : REL Recorded : 07/ 14/2006 at 02 : 36 : 41 PM Fee Amt : $11 . 00 Pace 1 of 2 Washlnoton Countv . AR Bette Stamps Circuit Clerk ORDINANCE N0. 4709 F11e2005_00030657 AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 05- 1451 FOR PROPERTY LOCATED AT THE END OF COUNTRY RIDGE ROAD, NORTH OF HWY. 16 EAST AND WEST OF DEERFIELD WAY CONTAINING 24. 19 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: That the official map of the City of Fayetteville, Arkansas, is hereby amended to reflect the change provided in Section 1 above. Section 3 : That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to assign the zoning designation of R-A, Residential Agricultural to the subject property. Section 4: That the above-described property is hereby assigned to Ward No. One. PASSED and APPROVED this 7`h day of June, 2005 . fq APPROV 'G\1Y O,c'. G '0 FAYETIEVILLE0 ' By: �;• • � 3' D N COODY, ayor :9 �� ro ATTEST: ��''� N�TON CEJ?; liduuwutt % n U By: BJ�t.L� ch r C) r� m SONDRA SMITH, City Clerk w a s r Z cn o m n70 N --i a m c' ."D EXHIBIT "A" ANX 05-1451 A PART OF THE NORTHWEST QUARTER (NWl /4) OF SECTION TWENTY (20), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE TWENTY-NINE (29) WEST, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST QUARTER (W 1/4) CORNER OF SAID SECTION 20 AND CONTINUING THENCE S8702T3115E 930.97 FEET TO A POINT ON THE SOUTHERN BOUNDARY OF SAID NORTHWEST QUARTER (NW 1/4), AND CONTINUING THENCE NO204050611E 350.01 FEET TO THE POINT OF BEGINNING; SAID POINT BEING THE INTERSECTION OF THE EXISTING FAYETTEVILLE CITY LIMITS BOUNDARY AND THE WESTERN BOUNDARY OF A PARCEL OF LAND DESCRIBED AS TRACTS B & C IN A WARRANTY DEED FILED OF RECORD IN BOOK 1284, PAGES 240 AND 241 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUTNY, ARKANSAS. THENCE NO2040306"E 1441 .44 FEET; THENCE N62008956"E 246. 16 FEET; THENCE N53032'58"E 213 . 11 FEET TO THE EAST BOUNDARY OF THE NW 1 /4 OF THE NWI/4 OF SAID SECTION 20; THENCE S02032'24"W 664.64 FEET TO A POINT ON THE EAST BOUNDARY OF SAID NW 1/4 OF THE NW I /4; THENCE S87016' 57"E 448 .50 FEET; THENCE S02041 '097'W 1031 .51 FEET TO THE EXISTING FAYETTEVILLE CITY LIMITS BOUNDARY; THENCE ALONG SAID CITY LIMITS BOUNDARY N87038 '06"W 827.08 FEET TO THE POINT OF BEGINNING, CONTAINING 24. 191 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. Washington County, AR I certify this instrument was filed on 07/14/2005 02:36:41 PM and recorded in Real Estate File 'Number 2005-00030657 Bette Stamps - Circuit Clark by FROM ( FRI ) JUL 15 2005 15 : 52 /ST . 15 : 51 /No. 6816796785 P 4 IN THE COUNTY COURT OF WASHINGTON COUNTY-� n o � m IN THE MATTER OF: ic ANNEXATION OF CERTAIN I..ANDS TO THE CITY OF FAYETTEVILLE; ARKANSAS c ym N m cLi rn b 3 0 NO. CC2005-2 0 74 nM CC7 ORDER OF ANNEXATION Now on this 1 Vh day of March, 2005, this cause comes on to be heard, the Petitioners, Forrest E. Lane and Modyne L. Lane, who are represented by the Engineerof Record, Melvin Milholland, Clint McDonald, 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 Court upon 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 3rd day of February, 2005 at which time this Court fixed the I I 1 day of March, 2005, at 10:00a.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 tenitory to be :utnexed have been properly filed; that the property owners have freehold interests in the property hereinafter described in the . Petition and constitute the real owners of the area affected. 3 . The land proposed to be annexed to the City of Fayetteville, Washington County, Page I of 2 OX Vq • IIPOI FROM ( FRI ) JUL 15 2005 15 : 52 /ST . 15 : 51 /No . 6816796785 P 5 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 u f 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 thisj / day of � ��� , 2005 . he onor le JerryHunton WvAington County Judge Page 2 of 2 ft FROM ( FRI ) JUL 15 2005 15 : 52 /ST . 15 : 51 /No . 6816796785 P 6 Codr�rErTMUA an lours N� 9 ROAD NO. I9T o ,r�NOr GO 1 0 1 � C T x C plll CI � kyy i4 OUNTRT RIDGEVI j kl oIl N C �� ILj Id CAST lWu NI/Ni5Y1LLC pD__ STATE N1Gwo EI(� � /AK1R�W{L. Ota WRQ HiQ - - oiir � I � gll J� R `II IlI r�mn wuc ON W I ; u AI ``\ d o x il g o ANNEXATION VICINITY MAP E - 745 ANNEXATION D SCRIPTION :- A PART OF THE NORTHWEST OUARTER (NW}) OF SECTION TWENTY (20) . TOWNSHIP SIXTEEN ( 16) NORTH, RANGE TWENTY - NINE (29) WEST, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST QUARTER (W}) CORNER OF SAID SECTION 20 AND CONTINUING THENCE 587' 27' 31 "E 930.97 FEET TO A POINT ON THE SOUTHERN BOUNDARY OF SAID NORTHWEST QUARTER (NW}) , AND CONTINUING THENCE NO2'40*06"E 350. 01 FEET TO THE POINT OF BEGINNING; SAID POINT BEING THE INTERSECTION OF THE EXISTING FAYETTEVILLE CITY LIMITS BOUNDARY AND THE WESTERN BOUNDARY OF A PARCEL OF LAND DESCRIBED AS TRACTS B & C IN A WARRANTY DEED FILED OF RECORD IN BOOK 1284, PAGES 240 AND '241 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS. THENCE N02040'06"E 1441 .44 FEET; THENCE N62008'56 "E 246 . 16 FEET: THENCE N53' 32 ' 5801E 213 . 11 FEET TO THE EAST BOUNDARY OF THE NW} OF THE NW} OF SAID SECTION 20; THENCE S02032'24"W 664.64 FEET TO A POINT ON. THE EAST BOUNDARY OF SAID NWj OF THE NW}; THENCE 587' 16'576'E 448 . 50 FEET; THENCE 502' 41009"W 1031 . 51 FEET TO THE EXISTING FAYETTEVILLE CITY LIMITS BOUNDARY; THENCE ALONG SAID CITY LIMITS BOUNDARY N87' 38'06"W 827 .08 FEET TO THE POINT OF BEGINNING. CONTAINING 24. 191 . ACRES , . MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. FROM ( FRI ) JUL 15 2005 15 : 51 /ST . 15 : 51 /No . 6816796785 P 2 � 1091111111011 Dot 10: 006701210002 TVD* : REL Recordod: 07/14/2006 at 02 :96 :41 PM Faa Alit : 311 .00 Paoa t. of 2 vashlnoton County . AR Batts Btawo Circuit Clark ORDINANCE NO. 4709 F11a200540030657 AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 05- 1451 FOR PROPERTY LOCATED AT THE END OF COUNTRY RIDGE ROAD, NORTH OF HWY. 16 EAST AND WEST OF DEERFIELD WAY CONTAINING 24. 19 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: That the official map of the City of Fayetteville, Arkansas, is hereby amended to reflect the change provided in Section 1 above. Section 3 : That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to assign the zoning designation of R-A, Residential Agricultural to the subject property. Section 4: That the above-described property is hereby assigned to Ward No. One. PASSED and APPROVED this 7h day of June, 2005. �o`G�. , . . . . •Fgs, ., APPRO tis •. GAS Y 0 Fas. � � • � ; FAYETTEVILLE ; By. D COODY, 8T ;i c ATTEST: •'PKgNs 2' COO n TON C�J� s r ''h•qax � 1�r lla/�� rn 3 sBy: end4,.�� M ty r" � SONDRA SMITH, City Clerk v m n N x c CIl .i FROM ( FRI ) JUL 15 2005 15 : 51 /ST . 15 : 51 /No . 6816796785 P 3 • EXHIBIT "A" ANX 05-1451 APART OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION TWENTY (20), TOWNSHIP SIXTEEN (16) NORTH, RANGE TWENTY-NINE (29) WEST, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST QUARTER (W 1 /4) CORNER OF SAID SECTION 20 AND CONTINUING THENCE S8702731 "E 930.97 FEET TO A POINT ON THE SOUTHERN BOUNDARY OF SAID NORTHWEST QUARTER (NWI/4), AND CONTINUING THENCE NO204010611E 350.01 FEET TO THE POINT OF BEGINNING; SAID POINT BEING THE INTERSECTION OF THE EXISTING FAYETTEVILLE CITY LIMITS BOUNDARY AND THE WESTERN BOUNDARY OF A PARCEL OF LAND DESCRIBED AS TRACTS B & C IN A WARRANTY DEED FILED OF RECORD M BOOK 1284, PAGES 240 AND 241 IN TIME CIRCUIT CLERK'S OFFICE OF WASHINGTON COUTNY, ARKANSAS. THENCE N020401069F, 1441 .44 FEET; THENCE N62"08956"E 246. 16 FEET; THENCE N53032158"E 213. 11 FEET TO THE EAST BOUNDARY OF THE NW 1/4 OF THE NW ) 14 OF SAID SECTION 20; TI IENCE S02032'24"W 664.64 FEET TO A POINT ON THE EAST BOUNDARY OF SAID N W I/4 OF THE N W 1/4; THENCE S87016'57"E 448.50 FEET; THENCE S0204 1 '09"W 1031 .51 FEET TO THE EXISTING FAYETTEVILLE CITY LIMITS BOUNDARY; THENCE ALONG SAID CITY LIMITS BOUNDARY N87038'06"W 827.08 FEET TO THE POINT OF BEGINNING, CONTAINING 24. 191 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. FROM ( FRI ) JUL 15 2005 15 : 52 /ST . 15 : 51 /No . 6816796785 P 4 IN THE COUNTY COURT OF WASHINGTON COUNFIfv 0 m IN THE MATTER OF: ANNEXATION OF CERTAIN LANDS TO THE , c o CITY OF FAYETTEVILLE, ARKANSASc H m L -t v NO. CC2005-2 0 a rn ? fin ORDER OF ANNEXATION Now on this l Ph day of March, 2005, this cause comes on to be heard, the Petitioners, Forrest E. Lane and Modyne L. Lane, who are represented by the Engineer of Record, Melvin Mi (holland, Clint McDonald, 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 Court upon 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 wag filed on the 3rd day of February, 2005 at which time this Court fixed the 11 '" day of March, 2005, at 10:00a.m., as the date and time of hearing for said cause, mid that a full notice of this hearing was given as required by law and the proof of publication of said notice is now on rile 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 owners have freehold interests in the property hereinafter described in the Petition and constitute the real owners of the area affected. 3. The land proposed to be annexed to the City of Fayetteville, Washington County, Pagc I of 2 FROM ( FRI ) JUL 15 2005 15 : 52 /ST . 15 : 51 /No . 6816796785 P 5 Y 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. 1T 1S THEREFORE, CONSIDERED, ORDERED AND AD.TUDCED that the aforesaid real cstute 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 J/ r day of 42005. he onora le Jerry Hunton ington County Judge Page 2 of 2 xa - I tai FROM ( FRO JUL 15 2005 15 : 52 /ST . 15 : 51 /No. 6816796785 P 6 XHIBIT „ A ; , v -� - COU r.r[IR1aE OrY MIS Nn' ROAD N0. 19) 40 ��Or iJ X11 0 I z 3 OVNTRY Ri00C j �, L lot 7 AL 8 � rrKrnw�On�q mll �wT� g � # LJL NUNtiYqL[ RDS NWAY NO. 16 GSI 1 V J STAT[ HIG J JL- _ r Mm r.nrr[wr cn w?j F oil JVI V a r,wnrn+t On - w I x x .11. a1 �� _ a a I1 a Ig o G z ANNEXATION VICINITY MAP E - 745 ANNEXATION DESCRIPTION: A PART OF THE NORTHWEST OUARTER (NW}) OF SECTION TWENTY (20) , TOWNSHIP SIXTEEN ( 16) NORTH, RANGE TWENTY- NINE (29) WEST, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST QUARTER - (WI) CORNER OF SAID SECTION 20 AND CONTINUING THENCE S87' 27' 31 "E 930.97 FEET TO A POINT ON THE SOUTHERN BOUNDARY OF SAID NORTHWEST QUARTER (NW}) , AND CONTINUING THENCE NO2' 40006"E 350. D1 FEET TO THE POINT OF BEGINNING; SAID POINT BEING THE INTERSECTION OF THE EXISTING FAYETTEVILLE CITY LIMITS BOUNDARY AND THE WESTERN BOUNDARY OF A PARCEL OF LAND DESCRIBED AS TRACTS B do C IN A WARRANTY DEED FILED OF RECORD IN BOOK 1284 , PAGES 240 AND 241 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS. THENCE NO2' 40006"E 1441 .44 - FEET: THENCE N62'08'56"E 246. 16 FEET: THENCE N53' 32 '58"E 213 . 11 FEET TO THE EAST BOUNDARY OF THE NW} OF THE NW} OF SAID SECTION 20; THENCE 502032 ' 24"W 664.64 FEET TO A POINT ON THE EAST BOUNDARY OF SAID NW} OF THE NW}; THENCE S87' 16' 57 "E 448.50 FEET; THENCE S02441 "09 "W 1031 .51 FEET TO THE EXISTING FAYETTEVILLE CITY LIMITS BOUNDARY; THENCE ALONG SAID CITY LIMITS BOUNDARY N87' 38'06"W 827 .08 FEET TO THE POINT OF BEGINNING. CONTAINING 24. 191 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. xa ,n� FROM ( FRO JUL 15 2005 15 : 53 /ST . 15 : 51 /No . 6816796765 P 9 ,z T p 1N THE COUNTY COURT OF WASHINGTON COUNTY, ARK"A $VJ rr„ rn c� m b 3 J IN THE MATTER OF: w ANNEXATION OF CERTAIN LANDS TO THE CITY OF FAYETTEVILLE, ARKANSAS Case No. CC 2005.5 DECREE OF ANNEXATION S t" Now on this ,2 'day of March, 2005, this cause comes on to be heard, the Petitioners, Petitioners, Kevin Phillips and Laura Phillips, husband and wife, and Carolyn Baggett, a single person, through their attorney, Michele A. Harrington of Hartington; 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 tiled 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: . I . The Petition in this cause was filed on February 14, 2005, at which time this Court fixed Monday, March 21 , 2005, at 10:00 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 this Petition have signed said Petition, and that such majority owns more than one-half ( 1 /2) of the acreage affected. Page 1 of 3 Pages xa . $0O