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HomeMy WebLinkAboutOrdinance 4720 N O ORDINANCE NO. 4730; m_ cGi AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBEII�I3 w ANNEXATION PETITION ANX 05- 1495 FOR PROPERTY LOCAAV `O o N AT THE SOUTHWEST CORNER OF WEIR ROAD AND SALT -o 3 ROAD, CONTAINING 10.47 ACRES o o ?� 1> r6 M s w BE IT ORDAINED BY THE CITY COUNCIL OF THE ITW�OF u' 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. Four. PASSED and APPROVED this 19f day of July, 2005. ,iJIMIMPI,,, APPROVED: ��•``�ERK/TRPS,, 960Y 0 G ; FAYETTEVILLE ; �z.:• :�. = By: 9sDAN DAN COODY, Mayor J ATTEST: l By: kG7z�� SONDRA SMITH, City Clerk Doc ID :IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ve : REL Recorded : 08/23/20050atr11 : 30 : 23 AM Fee Amt : $11 . 00 Pace 1 of 2 Mashlnoton Countv . AR Bette Stamos circuit Clerk F11e2005 -00037063 EXHIBIT "A" ANX 05-1495 THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, MORE FULLY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEAST CORNER OF SAID NW 1 /4 NW 1 /4 AND RUN THENCE NORTH 87036'20" WEST ALONG THE SOUTH LINE OF SAID NW 1 /4 NW 1/4 FOR 662.41 FEET; THENCE NORTH 3° 10'04" EAST FOR 422.59 FEET; THENCE NORTH 90000'00" EAST FOR 309.29 FEET TO A POINT THAT IS 347.66 FEET WEST OF THE EAST LINE OF SAID NW 1 /4 NW 1/4; THENCE NORTH 2021410" EAST FOR 453.65 FEET TO A POINT IN THE CENTER OF WASHINGTON COUNTY ROAD NO. 94; THENCE NORTH 79045 '52" EAST ALONG THE CENTERLINE OF SAID WASHINGTON COUNTY ROAD NO. 94 FOR 355.92 FEET TO A POINT ON THE EAST LINE OF SAID NW 1 /4 NW 1/4 THAT IS 353 .33 FEET SOUTH 2021 ' 1051 WEST FROM THE NORTHEAST CORNER OF SAID NW 1/4 NW 1 /4; THENCE SOUTH 2021 ' 10" WEST ALONG THE EAST LINE OF SAID NW 1 /4 NW 1 /4 FOR 966.95 FEET TO THE POINT OF BEGINNING, CONTAINING 10.47 ACRES MORE OR LESS. Washington County, AR ed on I certify this instrument was fil 0612312005 11 :30.23 AM and recorded in Real Estate File Number 2005-00037063 S Ps - Circuit Clerk by ( FROFEB 25 2005 l� j�j./14t57/No. 6816796438 P 2 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS FILED In re: 2005 FEB 29 Pfd �' 9 ANNEXATION OF PROPERTY CONTIGUOUS,Z;rt; GOMUS PRITCIIAP; G TO THE CITY OF FAYETTEVILLE, ARKANS*SI . 2c PRO BMIMLl 40005-7 ii r T .. '. PETITION FOR THE ANNEXATION OF PROPERTY CONTIGUOUS TO THE CITY OF FAYETTEVILLE, ARKANSAS Comes now the Petitioners, Jack Haynes and Joan Haynes, owner of certain real property located in Washington County, Arkansas, and petitions the Court as follows: i . That the Petitioners, Jack Haynes and Joan Haynes, arc the sole owners of certain real property located in Washington County, Arkansas, described as follows: That part of the Northwest Quarter of the Northwest Quarter of Section 32, Township 17 North, Range 30 West, .more fully described as follows: Beginning at the southeast corner of said NW 1 /4 NW 1/4 and run thence North 87'36'20" West along the south line of said NW 1 /4 NW 1/4 for 662.41 feet; thence North 3010;'04" East for 821 .23 feet to a point in the center of Washington County Road No. 94 (Weir Road); thence North 79°45'52" East along the centerline of said Washington County Road No. 94 for 20.56 feet; thence South 3° 10'04" West leaving said centerline for 402.30 feet; thence North 90°00'00" East for 289.26 feet to a point that is 347.66 feet west of the east line of said NW 1/4 NW 1/4 ; thence North 2°21 ' 10" East for 453.65 feet to a point in the center of said Washington County Road No. 94; thence North 7945 '52" East along the centerline of said Washington County Road No. 94 for 355.92 feet to a point on the cast line of said NW 1/4 NW '/. that is 353.33 feet South 2'21 ' 10" West from the Northeast comer of said NW 1/4 NW '/A; thence South 2°21 ' 10" West along the east line of said NW 1/4 NW '/4 for 966.95 feet to the point of beginning, containing 10.66 acres more or less. 2. That all of said property is contiguous to and adjoins the City of Fayetteville, Arkansas. ( FRI ) FEB 25 . 2005 .19 /S 7/No. 6816796438 P 3 . QOM 3 , That Petitioners respectfully request that said property be annexed to, added to, and included within the boundaries of the City of Fayetteville, Arkansas. 4. That Petitioners respectfully request that this Court set a date certain for a hearing of the Petition. WHEREFORE premises considered, the Petitioners Pray that this Court set a date certain for its hearing of this Petition; that the Court grant its Petition for Annexation to the City of Fayetteville, Arkansas; and for all other reasonablc and proper relief to which this Court deems it entitled. Respectfully submitted, Curtis E. Hogue HALL, ESTILL, HARDWICIG, GABLE, GOLDEN & NELSON, P.C. One East Center Street, Suite 315 Fayetteville, AR 72701 -5388 Telephone (479) 973-5200 Facsimile (479) 973-0520 ATyORNEYS FOR PETITIONERS, JACK HAYNES AND JOAN HAYNES 510780.1:222101.00150 2 FROM ( FRI ) FEB 10 2006 14 : 41 /ST , 14 : 38 /No . 6816796387 F 10 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS In re: ANNEXA770N OF PROPERTY CONTIGUOUS- x. o TO THE CITY OF FAYETTEVILLE, ARKANSAS CggiQ00Sq 0 o rn T AMENDED ORDER OF ANNEXATION z y N rnrn Now on this f e� day of May, 2005, comes on for hearing the regBk"tPetilianers to a � n m amend the previous Order of Annexation filed for record April 4, 2005, vtd ,cwrt tj§4tg well b and sufficiently advised in the premises, finds as follows: I . That the previous Order of Annexation filed for record April 4, 2005 was, in all respects, proper and did fully and completely annex the property described therein to the City of Fayetteville, Washington County, Arkansas. 2. That the City of Fayetteville has subsequently determined that a portion of the property described in the previous Order of Annexation should be deleted so as to provide even and uniform boundaries of the annexed property. 3 . That the previous Order of this Court shall be and hereby is amended to provide that the legal description of the land to be annexed is that property situated in Washington County, Arkansas, to wit: That part of the Northwest Quarter of the Northwest Quarter of Section 32, Township 17 North, Range 30 West, more fully described as follows: Commencing at the southeast comer of said NW 1/4 NW 1/4 and run thence North 87036'20" West along the south line of said NW 1 /4 NW 1/4 for 662.41 feet to the point of beginning or property herein described; thence 'North 3° 10;'04" East for 422.59 feet; thence North 90°00'00" East for 309.29 feet to a point that is 347.66 feet west of the east line of said NW 1 /4 NW '/•, thence North 2121 ' 10" East for 453.65 feet to a point in the center of Washington County Road No. 94; thence North 79045152" East along the centerline of said Washington County Road No. 94 for 355.92 feet to a point on the east line of said NW 1/4 NW 1 /4 that 353 .33 feet South 202110" . West from the Northeast comer of said NW 1/4 NW 1 /4; thence �0 FROM ( FR0 FEB 19 2006 14 : 41 /ST . 14 : 38 /No . 6816796387 P 11 South 2°21 ' 10" West along the east line of said NW 1/4 NW 1/4 for 966.95 feet to the point of beginning, containing 10.47 acres more Or less. 4. That the lands to be annexed have been accurately described and he prayer of the Petitioner is right and proper. IT IS THEREFORE CONSIDERED ORDERED, ADJUDGED AND DECREED by this Court that the previous Order of Annexation filed for record April 4, 2005 shall he and hereby is amended and modifiedinorder that the above-described lands be and hereby are, annexed to and hereby made a part of the City of Fayetteville, Washington County, Arkansas. NO BLE JERRY HUNTON, COUNTY JUDGE $15875.1:222 u11 :001 SO I 2 FROM ( FRI ) FFB 10 2006 14 : 41 /ST . 14 : 38 /No . 6816796387 P 12 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS FILED In rc: t 2 ANNEXATION OF PROPERTY- CONTIGUOUS 2005 JUN RIS $ TO THE CITY OF FAXETTEVILLE, ARKANSAS t. tl; t1 CObIBS PR4604&. 2005-7 G0. 1x PROBATE CLE1yt; � �� �� �� r t,TON CO . AR!: SECOND AMENDED ORDER OIC A%hJ ATION Now on this �_day of May, 2005, comes on for hearing the request by Petitioners to amend the previous Order of Annexation filed for record April 4, 2005, and the Court being well and sufficiently advised in the premises, finds as follows: 1 . That the previous Order of Annexation filed .for record-April 4, 2005 was, in Al respects, proper and did fully and completely annex the property described therein to the City of Fayetteville Washington County, Arkansas. - / 2. That the Amended Order of Annexation filed firr record 5l ' fOl/ o5 failed to include the word "beginning" in the legal description, and therefore said Order should he further amended. 3 . That the City of Fayetteville has subsequently determined that a portion of the property described in the previous Order of-Anncxation should be deleted so as to provide even and unitbrm boundaries of the annexed property. 4. That the previous Order of this Court shall be and hereby is amended to provide that the legal description of the land to be- annexcd-is that property situated in Washington County, Arkansas, to wit: That part- of the Northwest Quarter of the Northwest Quarter of Section 32, Township 17 North, Range 30 West, more fully described as follows: Beginning at the southeast corner of said NW 1 /4 NW 1 /4 and run thence North 87136120" West along the south line of said NW 1 /4 NW 1/4 for 662.41 feet; thence North 310'04" East for 422.59 feet; thence North 90100'00" East for 309.29 feet to a point that is 347.66 feet west of the cast line of said NW 1 /4 NW % , thence North - �� " 83 FROM ( FRI ) FEB 10 2006 14 : 4111ST . 14 : 38 /No. '0816796387 P 13 2021 ' 10" East for 453.65 feet to a point in the center of Washington County Road No. 94; thence North 79°45'52" East along the centerline of said Washington County Road No. 94 for 355.92 feet to a point on the east line of said NW 1 /4 NW 1/4 that is 353 .33 feet South 2°21 ' 10" West from the Northeast comer of said NW 1/4 NW 114; thence South 2.`21 ' 10" West along the east line of said NW 1/4 NW 1 /4 for 966.95 feet to the point of beginning, containing 10.47 acres more or less. 5. That the lands to be annexed havebeenaccurately dc-scribed and the prayer of the Petitioner is right and proper.. IT IS THEREFORE CONSIDEREDORDERED, ADJUDGED AND DECREED by this Court that the previous Order of Annexation filed for record April 4, 2005 shall be and hereby is amended and modified in order that the above-described lands be and hereby arc, annexed to and hereby made a part of the City-of Fayetteville, Washington County, Arkansas. 77 N NO 9LP JtftY HUNTON, COUNTY JUDGE 537363. 1 -222101!001 ut 2 FROM ( FRI ) FEB 10 2006 14 : 41 /ST . 14 : 38 /No. 6816796387 P 14 �t:asT State of Arkansas oe 4 Secretary of State m-1 8uslnes3 h Gnnmemlal Sesrices 61S2J409 m Ay rlettio a 0382.5070 nunding C Grounds 6523407 4@�t,,ynB cullimunlutlons K eduta6no 693.0057 state capitol eolke 682-3173 charlie Daniels nuslne omce 682.5032 Secretary of state InfwmMlon recnnolog _ 682-3411 O September 6, 2005 M rf = n The Honorable Karen Combs Pritchard ? T Washington County Clerk " — °D r m q, 280 North College, Suite 300 s C. -a 0 " Fayetteville, AR 72701 C, m a Dear Mrs. Pritchard: 3r m =' o Ln The Following Information has been recorded and filed in the Office of the Spec&ary of State: Date: 9/6/2005 County: Washington City: Farmington Annexation: Ordinance No. 4720 Co. Order No. - 2005-7 Plat X Election aANNFJLF,LECTION» Island «ISLAND„ Incorporation: Ordinance No. rDATE_FILED* Co. Order No. «(NCCOORDNO» Plat dINCPLAT* Election Census Information . «FIRSTCLASSCITYo 1 st Class City 2nd Class City Incorporated Town dINCfOWN» 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 -800-48L- 1127 or 682-3451 . Sincerely, Alesha L. Harris Election Services Representative Room 266 State Capitol a Little Rock, ArtianSW 72201. 1094 501 -682. 101 O e Pax 5O 1 .682.35 i 0 e-mall_ arsosesosmail.state.arms • Wsvar.so8.alltaa ,90v City Council Octing of July 05, 2005 g7cp O Agenda Item Number /� / y CITY COUNCIL AGENDA MEMO /`�9"'�l��y, 7 To: Mayor and City Council Idp Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: June 15, 2005 Subject: Annexation for Benton Development (ANX 05- 1495) RECOMMENDATION Planning Staff recommends approval of the requested annexation submitted by Benton Development for a 10.47-acre tract owned by the Haynes and located west of W. Salem Road and south of Wier Road. This action will incorporate the 10.47-acre tract of land contiguous with the city limits into the City of Fayetteville. BACKGROUND The subject property contains approximately 10.47 acres owned by the Haynes. It is located north of Salem Meadows Subdivision and west of Crystal Springs Subdivision Phase I. 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 or create a peninsula of City property. The applicant has coordinated with City staff and the Circuit Clerk to revise the legal description on the Order of Annexation to request annexation of property that will create an acceptable city boundary. 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 recommends approval of the proposed annexation. The subject property is adjacent to the City limits, and future development of the area may be consistent and compatible to surrounding subdivisions should the property be annexed into the City of Fayetteville. DISCUSSION - This item was heard at the regular Planning Commission on June 13, 2005. The Planning Commission voted 8-0-0 to forward this item to the City Council with a recommend of approval. BUDGETIMPACT None. Leif on mid/nJ 0715 /10,5 ORDINANCE NO. AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 05- 1495 FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF WEIR ROAD AND SALEM ROAD, CONTAINING 10.47 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. Four. PASSED and APPROVED this day of 2005. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk