HomeMy WebLinkAboutOrdinance 4711 0087012 002 TvDe : REL
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Records 01/OO,Peoe St of2237 29 PH
Meshlnoton county . AR
F11e2005-00030658
ORDINANCE NO. 4711 -- -
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 05- 1470 FOR
PROPERTY LOCATED AT 5150 AND 5270 E. HUNTSVILLE
RD. AND CONTAINING APPROXIMATELY 29.59 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. One.
PASSED and APPROVED this 7t' day of June, 2005 .
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O,c SGp APPROVE
; FAYETTEVILLE ; _ By:
•. •h= DAN COODY, Mayo
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ATTEST: GTO
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By.
SONDRA SMITH, City Clerk y o
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EXHIBIT "A"
ANX 05-1470
PROPERTY TO BE ANNEXED (ENTIRE) PART OF THE WI/2, NWl /4 OF SECTION 20,
TI6N, R29W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE SW CORNER OF SAID NWl /4 THENCE N000151344'E 335 .00
FEET TO THE P.O. B., THENCE N00015 '3411E 1370.44 FEET, THENCE S84014926" E 412.50
FEET, THENCE N63015134"E 250.79 FEET, THENCE S87044126"E 1 .41 FEET, THENCE
S87044126"E 262.75 FEET, THENCE N6201Y34"E 36.61 FEET, THENCE S000159349W
1421 .62 FEET, THENCE S8905215915W 294.91 FEET, THENCE S89052159"W 635.48 FEET
TO THE P.O.B.; CONTAINING 29.59 ACRES MORE OR LESS SUBJECT TO EASEMENTS
AND RIGHT OF WAY RECORD.
Washington County, AR
I certify this instrument was filed on
07/14/2005 02:37:29 PM
and recorded in Real Estate
File Number 2005-00030858
Bette Stamps - Circuit Cle
by
• City Council i';t'eting of June 07, 2005
Agenda Item Number I
CITY COUNCIL AGENDA MEMO `f1 �
To: Mayor and City Council A° ). 1)5 - # 7al
Thru: Gary Dumas, Director of Operations Salo
D , / ��
From: Jeremy C. Pate, Director of Current Planning$ 7�'^
Date: May 20, 2005
Subject: Annexation for Phillips/Baggett (ANX 05- 1470)
RECOMMENDATION
Planning Staff recommends approval of the requested annexation for Phillips/Baggett, a
29.59-acre tract located north of Huntsville Road . This action will incorporate the
29.59-acre tract of land contiguous with the city limits into the City of Fayetteville.
BACKGROUND
The subject property contains 29.59-acres owned by the Phillips and Baggetts. It is
located north of Huntsville Road (Hwy 16 East) and Sequoyah Meadows Subdivision.
Property to the east is owned by the Lanes and currently under consideration for
annexation into the City of Fayetteville. At this time, the property is currently used for
pasture and single family residential use. It is within the Planning Area and adjacent to
the City limits along the southern property line and east property line should the
proceeding ANX 05- 1451 be approved by the City Council . The West Fork of the White
River is the northern boundary of the subject property, and a tributary of this river bisects
the eastern portion of the property.
Annexation of the property will not create an island of unincorporated property, and
extends the city limits north to the West.Fork of the White River, a natural barrier. 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. No public comment was
received for this item.
DISCUSSION
This item was heard at the regular Planning Commission on May 09, 2005 . The Planning
Commission voted 8-0-0 to forward this item to the City Council with a recommend of
approval.
BUDGETIMPACT
None.
i •
ORDINANCE NO.
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 05- 1470 FOR
PROPERTY LOCATED AT 5150 AND 5270 E. HUNTSVILLE
ROAD CONTAINING APPROXIMATELY 29.59 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. One.
PASSED AND APPROVED this day of 2005.
APPROVED:
By:
Dan Coody, Mayor
ATTEST:
By:
Sondra Smith, City Clerk
EXHIBIT "A"
EXHIBIT "A"
ANX 05-1470
PROPERTY TO BE ANNEXED (TRACT 1 )
PART OF THE W1 /2, NW1 /4 OF SECTION 20, T16N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY/DESCRIBED AS
FOLLOWS :
COMMENCING AT THE SW CORNER OF SAID NW1/4,THENCE N00015534"E 335 .00
FEET TO THE P.O.B., THENCE N00° 15 '34"E 1370.44 FEET, THENCE
S84014'26"E 412.50 FEET, THENCE N63015534"E 250:79 FEET, THENCE
S87044'26"E 1 .41 FEET, THENCE S00015534"W 1440.54 FEET, THENCE\
S89052559"W 635 .48 FEET TO THE P.O.B.; CONTAINING 19.87 ACRESIMORE
OR LESS SUBJECT TO EASEMENTS AND RIGHT,OF WAY RECORD.
PROPERTY TO BE ANNEXED (TRACT 2) 11 If v
PART OF THE WI/2 NW 1 /4 OF SECTION 20, T16N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEINGMORE PARTICULARITY DESCRIBED AS
FOLLOWS :
COMMENCING AT THE SW CORNER OF SAID NW1/4 THENCEN00015 ' 34"E 335 .00
FEET, THENCE N89052 ' 59"E 635.48 FEET TO THE P.OB., THENCE
N0001 5 '34"E 1440.54 FEET, THENCE S87044.126jE 262:73 FEET, THENCE
N6201593455E 36.61 FEET, THENCE S00015 '34�W 1446.62 FEET, THENCE
S89052159"W 29j'911 FEET TO THE P.O.B. ; CONTAINING 9.72 ACRES MORE OR
LESS SUBJECT TO EASEMENTS'AND RIGHT`OF WAY RECORD.
_ .a
V
\\ If
dyC ue le PC Meeting of May 25 , 2005
ARKANSAS
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM : Suzanne Morgan, Associate Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: May 4, 2005
ANX 05-1470: Annexation (PHILLIPSBAGGETT, 571 ): Submitted by MICHELE, A
HARRINGTON for property located at 5150 AND 5270 E HUNTSVILLE RD. The property is
in the Planning Area and contains approximately 29.59 acres. The request is to annex the subject
property into the City of Fayetteville.
Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the requested annexation based on the findings included as
part of this report:
PLANNING COMMISSION ACTION: Required YES
® Approved O Denied
Date: May 09, 2005 9 - 0 - d
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: June 07, 2005 (I 't reading if recommended)
BACKGROUND:
Property description: The subject property contains part of two tracts totaling 29.59-acres
owned by the Phillips and Baggett. It is located north of Huntsville Road (Hwy 16 East) and
Sequoyah Meadows Subdivision. Property to the east is owned by the Lanes and currently under
consideration for annexation into the City of Fayetteville. At this time, the property is currently
used for pasture with several single family homes located on the property. It is within the
Planning Area and adjacent to the City limits along the southern property line and east property
line should the proceeding ANX 05- 1451 be approved by the City Council. The West Fork of
the White River is the northern boundary of the subject property, and a tributary of this river
bisects the eastern portion of the property.
Proposal: The applicant proposes annexation of 29.59 acres into the City of Fayetteville.
K.Weporuld005PC Reporu105-09-05WN.1' 05-1470 (Phillips & Baggett).doc
0 0
Recommendation: Staff recommends approval of the proposed annexation based on the finding
herein.
SURROUNDING LAND USE AND ZONING
Direction I Land Use Zoning
North West Fork of the White River; pasture Planning Area
South Vacant/Pasture R-A, Residential Agricultural
East Vacant/Pasture Planning Area (RSF-4, Res. Single Family
— 4 units/acre proposed)
West Single Family Home; pasture Planning Area
INFRASTRUCTURE:
Streets: Currently the site has access to East Huntsville Road. Road improvements per
AHTD and dedication per the master street plan are required.
Surrounding Master Street Plan Streets:
South: Huntsville Rd (Principal Arterial)
East: Mally Wagnon (Collector), Country Ridge and Deerfield Way (Local)
Water: Public water is adjacent to the site. There is an 8" main along East Huntsville
Road. Water service will need to be extended within the property at the time of
development. Additional connections may be required to complete a looped
system. This may include an off-site connection to be determined at a later date.
Sewer: The site has access sanitary sewer. There is a 6" sewer main along the east half of
the property. Sewer will need-to be extended within the property at the time of
development. A capacity analysis of the sewer lines and/or lift stations
downstream of the site shall be conducted prior to development.
Fire: The subject property is located approximately 3 .9 miles from the Fire Station #5 .
Response time to the property is 8 minutes with a projected response time at full
build-out to be approximately 8 minutes with 34 annual calls for service. This
does not take into account the decreased response time for the future Fire Station
at the Tyson complex on Huntsville Road.
Police: It is the opinion of the Fayetteville Police Department that this annexation will
not substantially alter the population density or create an undesirable increase the
load on police services nor will it create an appreciable increase in traffic danger
and congestion in the area.
LAND USE PLAN: General Plan 2020 identifies the portion of this property within the
Planning Area as Residential.
K lRepora 70051PC Reports105-09-05W NX 05-1470 (Phillips & BaggesQ.do
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: Annexation of the property will not create an island of unincorporated property
and does not exacerbate problems created by the extension of peninsulas. Due
to rapid growth, the City of Fayetteville in the 1960's annexed a peninsula of
property to incorporate Lake Sequoyah, a primary water source, within the city
limits. Since this time, the City has annexed several properties north and south
of the 600' Huntsville corridor. The proposed annexation, while extending this
existing peninsula, does not extend further north than the surrounding city
boundaries. In fact, it begins to "fill in" the land that is encompassed on all
sides but the north by existing city limits. Therefore, staff finds that the
proposed annexation will not further exacerbate any problems associated with
the current situation.
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 south.
Should ANX 05-1451 be approved by the City Council, the property will abut
the city limits along its eastern boundary, as well.
11 .6.c Areas should either include or exclude entire subdivisions or neighborhoods, not
divide.
Finding: This area is currently vacant at this time and located between properties within
the city. There are several surrounding subdivisions north and south of
Huntsville Road. Structures on the subject property consist of several single
family dwellings. The property does not consist of defined subdivisions or
neighborhoods; however, future development plans include residential
development of the property. Annexation of the property would allow for .
Planning Commission review of development in accordance with City
standards, and would require the same standards of development as the
adjacent properties already within the city limits.
11 .6.d Boundaries for annexed areas should follow natural corridors.
Finding: Proposed boundaries follow property lines of the existing parcels. The northern
boundary of the annexation follows a natural corridor created by the White
River. There are no anticipated of planned crossings of the river in this area,
which creates a natural boundary for development.
K.WeporuQ005TC Reporu105-09-05W .Y05-1470 (Phillips Bo Baggefi).doc
0 0
11 .6.e Timing of services within annexation areas should be considered.
Finding: Current conditions result in a response time of 8 minutes for fire protection
from Fire Station #5. Response times are anticipated to be reduced with the
construction of a new fire station on Huntsville Road at the Tyson Plant.
Additionally, the City's Fire Department currently responds to calls much
further west and north of this property, with much higher response times.
Extension of water and sewer lines will occur at the time of development to
aid in the improvement of services.
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. Tree canopy is concentrated along
property lines and within the riparian corridor of the West Fork of the White
River. This river acts as a natural barrier from this property to the north.
Development regulations within the City will ensure appropriate development
and preservation of the existing natural features on the property. Development
outside the city does not allow for the requirement of parks, open space or tree
preservation. .
EMERGENCY AND PUBLIC SERVICES
11 .6.g Public services must be able to be provided efficiently in newly annexed areas.
Finding: It is the opinion of the Fayetteville Police Department that this annexation 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.
11 .6.h Annexed areas should receive the same level of service of areas already in the city
limits.
Finding: Fire and police currently serve subdivisions further east of the subject property.
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.
K:IReporu120051PC ReportsIO5-09-05UN.V OS-1470 (Phillips & Baggett).d"
9 0
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. The subject property is not being served by city utilities at this time.
11 .61 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, At this time, the property is agricultural in
nature,
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, though it has been discussed as desirable for annexation in past task
force meetings. It is, however, located adjacent to another parcel of property
requesting annexation into the City of Fayetteville. In a location where the
current city boundary extends only 300' from Huntsville Road, expanding .
the city limits north to the river will create a more appropriate City
boundary and allow for development to occur under city guidelines,
Additional property to the west is currently under consideration for
annexation as well.
INTERGOVERNMENTAL RELATIONS
11 .6.m Promote long-range planning with adjacent jurisdictions.
Finding: N/A
11 .6.n Establish agreements to address regional concerns, 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
K.IReporu170051PC Reporu105-09-05WN,Y05-1470 (Phillips & BaggeiQ.doc
RSF-4, Residential single family - 4 units/acre. Additionally, the applicants
request to rezone the southern portion of their property that is currently within
the City and zoned R-A to RSF-4.
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 develop 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 consists of 29.59 acres owned by the Phillips and Baggetts. The
property owner to the east has also received an Order of Annexation from the
County and has submitted a request for annexation of approximately 24 acres.
The annexation of all properties will incorporate a larger area into the City and
create a more acceptable boundary, with the West Fork of the White River a
natural boundary to the north. As additional petitions of annexation are
submitted, the annexation of additional property to create a city boundary
which follows the existing natural barriers (i.e. the riparian corridors) and the
existing streets will create an even more desirable city boundary.
11 .6.t Conduct a fiscal impact assessments on large annexations.
Finding: No fiscal impact assessment was conducted for this annexation of 29.59 acres.
K:IReporul20051PCReporuIO5-09-05WN.V 05-1170 (Phillips `F Baggeti).do
From Fayetteville General Plan 2020 — 2002 Revision
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.
11.6.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.
1 1.6.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 f Annex environmentally sensitive areas that could be impacted by development and utilize
appropriate development regulations to protect those areas.
Emergency and Public Services
11.6.g Public services must be able to be provided efficiently in newly annexed areas.
11.6.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
11.6j Areas currently served by utilities and other public services should be annexed.
11.61 Proposed annexation areas should not require the upgrading of utilities to meet the
demands of development unless there is a threat to public safety.
1 1.6.1 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.
1 1.6.p An annexation study should be completed on all annexation proposals.
1 1.6.q Development proposals require a separate review from the annexation proposals.
1 1.6.r Residents should be fully informed of annexation activities.
11.6.w Encourage larger annexations to create acceptable boundaries.
11.6.t Conduct a fiscal impact assessments on large annexations.
R:IRuporu120051PCReporu105-09-05WN,F05-1410 (Phillips & Baggeu).doe
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FAYEfrEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
May 2, 2005
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
POLICE DEPARTMENT
This document is in response to the request for a determination of whether the proposed
Annexation ANX 05-1470 (PHILLIPSBAGGETT, 571): submitted by MICHELLE A
HARRINGTON for property located at 5150 and 5270 E. HUNTSVILLE ROAD would
substantially alter the population density and thereby undesirably increase the load on
public services and created an appreciable increase in traffic danger and congestion. This
property is in the planning area and contains approximately 29.59 acres. The request is to
annex the subject property into the City of Fayetteville.
It is the opinion of the Fayetteville Police Department that this annexation will not
substantially alter the population density or create an undesirable increase the load on
police services nor will it create an appreciable increase in traffic danger and congestion in
the area.
In reference to RZN 05,,1471 (PHILLIPSBAGGETT 1): submitted by submitted by
MICHELLE A HARRIN ON for property locate 5150 and 5270 E. HUNTSVILLE
RD. The property is zoned RESIDENT -AGRICULTURAL and contains
approximately 36.99 acres. The quest is rezone the subject property to RSF-4,
Residential Single Family, four unit acres.
It is the opinion of the FayetteyRfe Police artment that this rezoning will substantially
alter the population densit nd will aossibly c ate an undesirable increase on police
services. This rezonii!g4ill increase our respons ime to calls for service because this
property is on the o er boundaries of our current se ce area. The potential of creating
147 new home ill increase the traffic on an already c ngested arterial roadway,
(Huntsville Road.)
FAYETTEVILLE POLICE DEPARTMENT
P.O. BOX 1988
FAYETTEVILLE, ARKANSAS 72702-1988
(DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701
JAIL: 140-A WEST ROCK STREET 72701
PHONE: 479-587-3555 FAX: 479-587.3522
In reference to RZN 0 47'6
368): ubmitted by DAVID & SALLY
WIMBERLY, for property cated at 155 E. EL BEET. The property is zoned RSF-4,
SINGLE FAMUKY-4 UNITS RES and ains approximately 0.26 acres. The request
is to rezone the subject property to esidential Office.
It is the opinion of the Fayet i le Police De ment that this rezoning will not
substantially alter the ulation density nor will iVereate an undesirable increase on police
services.
Individually, each of these annexations and rezoning do not necessarily substantially alter
the population density, nor do they create and appreciable increase in traffic danger and
congestion. The sum total presented over the years, however, has had a substantial impact
on the demand for police services and has caused an appreciable increase in traffic
congestion.
Sincere
Captain Will' Brown
Fayetteville Police Department
�I
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 479-575-8267
PLANNING DIVISION CORRESPONDENCE
TO: GIS
FROM: Jan Gambill, Senior Planning Clerk
DATE:
SUBJECT: Legal check for planning project
Project Name: ✓ - 1,t7 Relurn by:
Parcel:
Plat Page#:
Section: 7i]>
Township:
Range: 'Jib
Submittal: 1 st
2nd 3rd
Current Zoning:
Proposed Zoning:
fi
Closure error/ comments: 1�mr" t" e"► n mleo'
Has the applicant been contacted with requested revisions:
Checked by:
Date shape file was created:
YES NO
PROPERTY TO BE ANNEXED (ENTIRE)
PART OF THE WI/2, NW 1/4 OF SECTION 20, T16N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF SAID NW 1/4 THENCE N00°15'34 "E 335.00
FEET TO THE P.O. B., THENCE N00° 15'34"E 1370.44 FEET, THENCE
S84° 14'26" E 412.50 FEET, THENCE N63015'34"E 250.79 FEET, THENCE
S87°44'26"E 1.41 FEET, THENCE S87°44'26"E 2621.ifEET, THENCE
N62°15'34"E 36.61 FEET, THENCE S00 15'34" 1421.62 144tp • `2
S89°52'59"W 294.91 FEET, THENCE S89°52'59"W . FEET TO THE
P. O.B.; CONTAINING 29.59 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND
RIGHT OF WAY RECORD.
PROPERTY TO BE ANNEXED (TRACT I)
PART OF THE W I/2, NW 1/4 OF SECTION 20, TI6N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF SAID NW I/4 THENCE N00°15'34"E 335.00
FEET TO THE P.O.B., THENCE N00°15'34"E 1370.44 FEET, THENCE
S84°14'26"E 412.50 FEET, THENCE N63°15'34"E 250.79 FEET, THENCE
S87°44'26"E 1.41 FEET, THENCE S00°15'34"W 1440.54 FEET, THENCE
S89°52'59"W 635.48 FEET TO THE P.O.B.; CONTAINING 19.87 ACRES MORE
OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY RECORD.
PROPERTY TO BE ANNEXED (TRACT 2)
PART OF THE W 1/2 NW I/4 OF SECTION 20, T16N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF SAID NW I/4 THENCE N00°15'34"E 335.00
FEET, THENCE N89°52'59"E 635.48 FEET TO THE P.O.B., THENCE
N00°15'34"E 1440.54 FEET, THENCE S87°44'26"E 262.73 FEET, THENCE
N62°15'34"E 36.61 FEET, THENCE S00°15'34"W 1446.62 FEET, THENCE
S89°52'59"W 294.91 FEET TO THE P.O.B.; CONTAINING 9.72 ACRES MORE OR
LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY RECORD.
PROPERTY TO BE REZONED (ENTIRE)
(R -A TO RSF-4)
PART OF THE W I/2, NW 1/4 OF SECTION 20, TI6N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF SAID NW THENCE N00°15'34"E
1705.44 FEET, THENCE S84°14'26"E 412.50 FEET, THENCE N63°15'34"E
250.79 FEET, THENCE S87°44'26"E 1.41 FEET, THENCE S87°44'26"E 262.73
FEET, THENCE N62°15'34"E 36.61 FEET, THENCE S00°15'34"W 1781.62 FEET,
THENCE N89°44'26"W 294.90 FEET, THENCE S89°42'31"W 635.50 FEET TO
THE P.O.B.; CONTAINING 36.99 ACRES MORE OR LESS SUBJECT TO EASEMENTS
AND RIGHT OF WAY RECORD.
PROPERTY TO BE REZONED (TRACT 1)
(R -A TO RSF-4)
PART OF THE WI/2, NW I/4 OF SEC TION 20, TI6N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF SAID NW I/4 THENCE N00°15'34"E
1705.44 FEET, THENCE S84°14'26"E 412.50 FEET, THENCE N63°15'34"E
250.79 FEET, THENCE S87°44'26"E 1.41 FEET, THENCE S00°15'34"W 1773.60
FEET, THENCE S89°42'31 "W 635.50 FEET TO THE P.O.B.; CONTAINING 25.01
ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY RECORD.
PROPERTY TO BE REZONED (TRACT 2)
(R -A TO RSF-4)
PART OF THE WI/2, NW I/4 OF SECTION 20, TI6N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF SAID NW I/4 THENCE S89°42'31"E 635.50
FEET TO THE P.O.B. THENCE N00°15'34"E 1773.60 FEET, THENCE
S87°44'26"E 262.73 FEET, THENCE N62°15'34"E 36.61 FEET, THENCE
S0001 5134"W 1781.62 FEET, THENCE N89°44'26"W 294.90 FEET TO THE
P.O.B.; CONTAINING 11.98 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND
RIGHT OF WAY RECORD.
J:IIm■I:Rlj1Mfi
J:II■■I:RfjMnfi
• City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
7 -Jun -05
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
ANX 05-1470: (PHILLIPS/BAGGETT, 571): Submitted by MICHELE, A HARRINGTON for property located at 5150 AND
5270 E HUNTSVILLE RD. The property is in the Planning Area and contains approximately 29.59 acres. The request is to
annex the subject property into the City of Fayetteville.
Cost of this request
n/a
Account Number
n/a
Project Number
Budgeted Item
Cateaorv/Proiect Budoet
n/a
Funds Used to Date
n/a
$
Remaining Balance
Budget Adjustment Attached
Department Director Date
S' 23" oS
Cityetterne�
Fironce and Internal Service Director Date
Program Category / Project Name
n/a
Program / Project Category Name
n/a
Fund Name
Previous Ordinance or Resolution # n/a
Original Contract Date: n/a
Original Contract Number: n/a
Received in City Clerk's Office
From: Clarice Pearman
To: Pate, Jeremy
Date: 6/13/05 1:25PM
Subject: Ord. 4708, 4709, 4711, 4712 & 4713
Jeremy,
Attached are copies of the above ordinance passed by City Council June 7, 2005.
• . 1: 1•0712 & 4713 _. Fagi
From: Clarice Pearman
To: Goddard, John; Jorgensen, Todd; Randall, Clyde
Subject: Fwd: Ord. 4708, 4709, 4711, 4712 & 4713
>>> Clarice Pearman 06/13/05 01:25PM >>>
Jeremy,
Attached are copies of the above ordinance passed by City Council June 7, 2005.
&J'o ► ►
I I_ ,.I I I s, �� I � �� I I I
AFFIDAVIT OF PUBLICATION
I, Erin Emis. do solemnly swear that I am the Legal Clerk of the Arkansas
Democrat-Gazette/Northwest Arkansas Times newspaper, printed and
published in Lowell, Arkansas, and that from my own personal knowledge
and...ref��erence to the files of said publication, that advertisement of:
ISU & Mme. 7 i was inserted in the regular editions on
r,vxx . (7,015nf
PO#.
" Publication Charge: $ —Ld. bV
Subscribed and sworn to before me this
day of
Notary Public " Sharlene D. Williams
Notary Public
My Commission Expire%ate of Arkansas
My Commission
October 18. 2014
*" Please do not pay from Affidavit.
An invoice will be sent.
RECEIVED
JUN 2 0 2885
CITY OF S OFICE LLE
CITY CLEAW
2005.
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 05-
1470 FOR PROPERTY LOCATED AT 5150 AND 5270
E HUNTSVILLE RD. AND CONTAINING APPROXf-
SS IT OKDATKSY(SY THE Cr OOUNCM OF
THE CITY OF PAYSTTBIALLS. AWTARRIAS:
SayTeKiffle
SAS .
Section 1: That the City Caundl hereby calfinra the annexation 10 the City of FayeneNAe, Ad%utsas, of
that PrOPeny 0060138d In E "'A' ettasaW Hereto and made a pert haraof.
Section 2: The offx map of Oe Gty of Feyen G, Arkersav, iShereby emerMed to reflect nebenga
Wooded N Satan 1 above.
Section 3: That the olfldel zxaIg rtep of tie Oty of Fayenev1 Adaneaq to hereby artiertled to n
the zoning designation of A.A. Residential AgrkUtiasl to the sugect property,
Section 4: That the abcreEescribad property is hereby assigned to Ward No, One.
PASSED and APPROYSO thla 7N day of June, 2005.
' EXHIBIT'A'
AN(05-1470
PROPERTY TO BE ANNEXED (ENTIRE) PART OF THE W/2, NW 1/4 OF SECTION 20,
WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED
ENCING AT THE TO THE
PLO. B., THENCE N00*15'ECORNER3 0.44 FEET, TH17ENCE SB4E14'26w 'Z14 -E 335.00 E 412.50 FEET THENCE
N63'15'3<'E 250.79 FEET THENCE S87.44'28'E 1.41 FEET, THENCE S87.44'28 -E 262.75 FEE[
THENCE N62.15'34 -E 38.81 FEET, THENCE S00°15'34'W 1421.62 FEET, THENCE SW52-SM
294.91 FEET, THENCE S89.52'59'W 635,48 FEET TO THE P.O.B.; CONTAINING 29.59 ACRES MORE
OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY RECORD.
P.O. BOX 1607 9 212 N. EAST AVENUE • FAYETTEVILLE. ARKANSAS 72701 ' 479-571-6470 -- - -
FROM
IFRUJUL 1S ?UUS
01
1S:911S1.15:51/No.titlltilytil?iS F 1
To:
Fax 0:
From:
Subject:
State of Arkansas
Washington County -Courthouse
280 North College Ave, Suite 300
Fayetteville, AR 72701
Telephone: (479)-444-1711
Foxe (479)-444-1994
FAX TRANSMISSION
Fayetteville City Clerk's Office Date: July 15, 2005
Clarice
718-7695
Jennifer Sharpshair
Finalization for CC2005-2 & 5.
Pages: 12, including cover sheet
MAR -31-2005 THU 09:06 AM FAX N0, P, 02
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
N
1Y. O
IN THE MATTER OF: <n m= rn
ANNEXING TO THE CITY OF FAYETTEVILLE) T n Q'
ARKANSAS, CERTAIN LANDS CONTIGUOUS -n
c>py .s
TO SAID CITY OF FAYETTEVILLE, WASHINGTON COUNTY, r
ARKANSAS Cases 20q!r
KEVIN PHILLIPS and LAURA PHILLIPS, r
N -^
Husband and Wife and '`
CAROLYN BAGGETT, a Single Person PET,iTIONERS
PETITION FOR ANNEXATION
Coyne
now, KEVIN
PHILLIPS and LAURA
PHILLIPS,
husband
.and
wife, and
CAROLYN
BAGGETT, a
Single Person, Petitioners,
and for their
Petition
for
Annexation
state as follows:
1. Petitioner, CAROLYN BAGGETT, a single person, is the sole record owner of
the following described property situated in Washington County, Arkansas, to -wit:
Tract 1: Part of the W1/2, NW1/4 of Section 20, T16N, R29W in Washington County,
Arkansas, and being more particularly described as follows: Commencing at the SW
Corner of said NW 1/4 thence N00°15'34"E 335.00 feet to the P.O.B., thence
N00°15'34"E 1370.44 feet, thence S84°14'26"E 412.50 feet, thence N63°15'34"E
250,79 feet, thence S87°44'26"E 1.41 feet, thence S00°15'34"W 1440.54 feet, thence
S89'52'59"W 635.48 feet to the P.O.B.; Containing 19.87 acres, more or less, subject to
Easements and Right of Way Record.
2. Petitioners, KEVIN PHILLIPS and LAURA PHILLIPS, husband and wife, are
the sole record owners of the following described property situated in Washington County,
Arkansas, to -wit:
Tract 2: Part of the W1/2, NWl/4 of Section 20, T16N, R29W in Washington County,
Arkansas and being more particularly described as follows: Commencing at the SW
Corner of said NW 1/4 thence N00°15'34"E 335.00 feet, thence N89 52'59"E 635.48
feet to the P.O.B., thence N00°15'34"E 1440.54 feet, thence S87°44'26"E 262.73 feet,
thence N62°15'34"E 36.61 feet, thence S00°15'34"W 1446.62 feet, thence S89°52'59"W
Page 1 of 4Pages
MAR -31-2005 THU 09:07 AM • FAX N0, • P. 03
294.91 feet to the P.O.B.; Containing 9.72 acres more or less subject to Easements and
Right of Way Record.
3. Said properties are depicted on the Plat of Survey dated February 1, 2005,
prepared by Jorgensen & Associates, Civil Engineers & Surveyors, a copy of which is attached
hereto as Exhibit "A" and [Wade a part hereof by reference.
4. All of the above -described property is adjacent and contiguous to the present city
boundary line for the City of Fayetteville, Washington County, Arkansas.
5. A true and correct copy of the Vicinity Map of the above -described property is
attached hereto as a part of Exhibit "A" and made a part hereof by reference.
6. 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.
7. Pursuant to Arkansas Code Annotated §14-40-601 et seq, this Court has
jurisdiction over the subject matter herein, and Petitioners request that the above -described
property be annexed to the City of Fayetteville, Arkansas.
8. Petitioners further state that the law fuze 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.
9. 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 above -described property 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
Page 2 of 4 Pages
MAR -31-2005 THU 09:07 AM . FAX We • P. 04
to which Petitioners may be entitled.
KEVIN PHILLIPS and LAURA PHILLIPS,
Husband and Wife, and
CAROLYN BAGGETT, a Single Person,
Petitioners
HARRINGTON, MILLER, NEIHOUSE
& KIRILAK
A Professional Association
113 East Emma Avenue
Post Office Box 687
Springdale, Arkansas 72765
(479) 751-6464
Attorneys for Petitioners
By: %--
Michele A. Harrington
Arkansas Bar No. 85217
VERIFICATION
STATE OF ARKANSAS )
) ss.
COUNTY OF WASHINGTON )
We, KEVIN PHILLIPS and LAURA PHILLIPS, Husband and Wife, Petitioners
herein, hereby state under oath that we 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.
SUBSCRIBED AND SWORN to before
2005.
My Commission Expires:
me, a Notary Public, this Dj_ 1` _ day of
" Ofrlca2kl seaYATES 1 page 3 of q Pages
jOANNA L.
Wm PunUC-A*aftwae
��13 G Excles 1'2011
MAR -31-2005 THU 09:07 AM
FAX N0. •
P. 05
VERIFICA'T'ION
STATE OF ARKANSAS
) ss.
COUNTY OF WASHINGTON
I, CAROLYN BAGGETT, 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 our knowledge and belief.
CAROL Y BAGGETT %
SUBSCRIBED AND SWORN to before me, a otary Public, this ( day of
92005. —�
ZJ/GCL; J �L
My Commission Expires:
Notary Public
I -;2 �7- �2c(r_ —
NOTARY PJ31.1C CERTIFICATE OF SERVICE
Zen?on Cocnro. Afi,ars
that I have
I, Michele A. Harrington, attorney for petitioners herein, hereby certify
served a true copy of the within and foregoing on the City Clerk for the City of Fayetteville,
Arkansas, by placing a copy thereof in the U. S. Mail, postage prepaid, addressed to her mailing
address in Fayetteville, Arkansas, this the /( day of —:ley &e ,.trf•'�i_. 2005•
�2 /.f /mss l
Michele A. Harrington
Page 4 of 4 Pages
C "7
IN THE COUNTY COURT OF WASHINGTON
COUNTY, AideANS-AS
O
H
�≥
r-
IN THE MATTER OF:
�rn_:
3
ANNEXATION OF CERTAIN LANDS TO THE
CITY OF FAYETTEVILLE, ARKANSAS
f -
.'CaseNo.
CC 2005-5
DECREE OF ANNEXATION
r
Now on this �y 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 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 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
5. The land and territory sought to be annexed to the City of Fayetteville,
Washington County, Arkansas, in this cause is described as follows:
Tract 1: Owned by Baggett - Part of the W1/2, NW1/4 of Section 20, T16N, R29W in
Washington County, Arkansas, and being more particularly described as follows:
Commencing at the SW Corner of said NW 1/4 thence N00°15'34"E 335.00 feet to the
P.O.B., thence N00°15'34"E 1370.44 feet, thence S84°14'26"E 412.50 feet, thence
N63°15'34"E 250.79 feet, thence S87°44'26"E 1.41 feet, thence S00°15'34"W 1440.54
feet, thence S89°52'59"W 635.48 feet to the P.O.B.; Containing 19.87 acres, more or
less, subject to Easements and Right of Way Record.
Tract 2: Owned by Phillips - Part of the W1/2, NW1/4 of Section 20, T16N, R29W in
Washington County, Arkansas and being more particularly described as follows:
Commencing at the SW Corner of said NW 1/4 thence N00°15'34"E 335.00 feet, thence
N89°52'59"E 635.48 feet to the P.O.B., thence N00°15'34"E 1440.54 feet, thence
S87°44'26"E 262.73 feet, thence N62°15'34"E 36.61 feet, thence S00°15'34"W 1446.62
feet, thence S89°52'59"W 294.91 feet to the P.O.B.; Containing 9.72 acres more or less
subject to Easements and Right of Way Record.
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, Kevin Phillips and Laura
Phillips, husband and wife, and Carolyn Baggett, is adjacent and contiguous to the present city
boundary line for the City of Fayetteville, Washington County, Arkansas, and this territory should be
annexed to and made a part of the City of Fayetteville, Arkansas.
8.
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
Page 2 of 3 Pages
0 6
the Secretary of State, and one copy to the Director of the Tax Division of the Arkansas Public
Service Commission.
E Y H TON, County Judge
Page 3 of 3 Pages
FROM (FRO JUL 15 2005 15:53/SS 15:51/No.6816796785 P 9
rJ
✓ o
v rn
C)
t7
CD
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARK? §A§
_. .+ w a m
c, m b 3
�ni ci
IN THE MATTER OF: 7 w
ANNEXATION OF CERTAIN LANDS TO THE,
CITY OF FAYETTEVILLE, ARKANSAS Case No. CC 2005-5
DECREE OF ANNEXATION
S
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 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 tiled herein, and any oral and documentary evidence adduced, the Court being well and
sufficiently advised of the facts and the low, doth hereby find, judge and decree as follows:
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
W9 • 30O
FROM (FRI)JUL 15 2005 15:53/ST.15:51/No.6816796785 P 10
� v
5. The land and territory sought to be annexed to the City of Fayetteville,
Washington County, Arkansas, in this cause is described as follows:
Tract 1: Owned by Baggett - Part of the WI/2, NW1/4 of Section 20, T16N, R29W in
Washington County, Arkansas, and being more particularly described as follows:
Commencing at the SW Corner of said NW 1/4 thence N00° 15'34"E 335.00 feet to the
P.O.B., thence N00"15'34"E 1370.44 feet, thence S84°14'26"E 412.50 feet, thence
N63°15'34"E 250.79 feet, thence S87°44'26"E 1.41 feet, thence S00°15'34"W 1440.54
feet,. thence S89°52'59"W 635.48. feet to the P.O.B.; Containing 19.87 acres, more or
less, subject to Easements and Right of Way Record.
Tract 2: Owned by Phillips - Pan of the WI/2, NWl/4 of Section 20, T16N, R29W in
Washington County, Arkansas and being more particularly described as follows:
Commencing at the SW Corner of said NW 1/4 thence N00°15'34"E 335.00 feet, thence.
N89°52'59"E 635.48 feet to the P.O.B., thence N00°15'34"E 1440.54 feet, thence
S87°44'26"E 262.73 feet, thence N62"15'34"E 36.61 feet, thence $00°15'34"W 1446.62
feet, thence.S89°52'59"W 294.91 feet to the P.O.B.; Containing 9.72 acres more or less
subject to Easements and Right of Way Record,
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, Kevin Phillips and Laura
Phillips, husband and wife, and Carolyn Baggen, is adjacent and contiguous to the present city
boundary line for the City of Fayetteville, Washington County, Arkansas, and this territory should be
annexed to and made a part of the City of Fayetteville, Arkansas.
8. 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 1%3, 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
Page 2 of 3 Pages
A94
FROM (FRI)JUL 15 2005 15: 53/ST.15: 51/No.6816796785 P 11
the Secretary of State, and one copy to the Director of the Tax Division of the Arkansas Public
Service Commission.
Y HL14TON, County Judge
Page 3 of 3 Pages
Xa -10Z
FROM
(FR0 JUL 15 2005 15: 52/ST,15: 51/No.6816796785 P 7
6
i �n ii till iij; 1,11111[ Ili i�l l�.i 'llil �i j�il II �i ill
Doe ID: 008701290002 Type: REL
Recorded: 07/14/2006 at 02:37:20 PM
Fee Amt: 1111.00 Pace t o1 2
Va*hlnaton County, AR
Batt* etamos Clreult.Clork
F1l*2005-00030658
ORDINANCE NO. 4711
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 05-1470 FOR
PROPERTY LOCATED AT 5150 AND 5270 E. HUNTSVILLE
RD. AND CONTAINING APPROXIMATELY 29.59 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. One.
PASSED and APPROVED this 7'" day of June, 2005.
FAYETTEVILLE
By:
DAN COODY,
ATTEST: ./NCTO • C; o It " r
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SONDRA SMITH, City Clerk o C, N
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FROM (FRO JUL 15 2005 15:52/ST 15:51/ND.6816796785 P 8
EXHIBIT "A"
ANX 05-1470
PROPERTY TO BE ANNEXED (ENTIRE) PART OF THE WI/2, NWI/4 OF SECTION 20,
T16N, R29W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF SAID NWI/4 THENCE N00°15'34"E 335.00
FEET TO THE P.O. B., THENCE N0001 5'341913 1370.44 FEET, THENCE S84°14'26" E 412.50
FEEF, THENCE N63°15'34"E 250.79 FEET, THENCE S87°44'26"E 1.41 FEET, THENCE
S87°44'26"E 262.75 FEET, THENCE N62°15'34"E 36.61 FEET, THENCE S00°15'34"W
1421.62 FEET, THENCE S89°52'59"W 294.91 FEET, THENCE S89°52'59"W 635.48 FEET
TO THE P.O.B.; CONTAINING 29.59 ACRES MORE OR LESS SUBJECT TO EASEMENTS.
AND RIGHT OF WAY RECORD.
RECEIVED
22
0
State of Arkansas
Secretary of State
6 y
CITY OF FAYETTEVILLE
Dusness ¢ wmmemai aervmes
oatovuy
MAYOR'S OFFICE
Elections
682-5070
Building & Grounds
682-3407
9RKANSPS
Communications & Education
683-0057
Stale Capitol Police
682-5173
Charlie Daniels
Business once
682-8032
Secretary of State
Information Technology
682-3411
July 21, 2005
The Honorable Karen Combs Pritchard
Washington County Clerk
280 North College Avenue, Suite 300
Fayetteville, Arkansas 72701
Deer Ms. Pritchard:
The Following Information has been recorded and filed in the Office of the Secretary of State:
Date: 7/21/2005 County: Washington City: Fayetteville
Annexation:
Ordinance No.
-4711
Co. Order No.-
CC 2005-5
Resolution No.
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- sANNEX_ELECTION»
Island
- aISLANDu
Incorporation:
Ordinance No.
- (<DATE_FILED>>
Co. Order No.
- «INCCOORDNO»
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- 0INCPLAT))
Election
-
Census Information
1 st 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 1-800-482-1127 or 682-3451.
Sincerely,
A Aeshaarris
Election Services Representative
256 State Capitol • Little Rock, Arkansas 72201-1094
501.682-1010 • Fax 501-682.3510
e-mail: arsos®sosmail.state.ar.us • www.sos.arkansas.gov