HomeMy WebLinkAboutOrdinance 4732 .7
ORDINANCE NO, 4732
AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN
ANX 05- 1490 FOR APPROXIMATELY 24.35 ACRES LOCATED AT
THE NORTHEAST CORNER OF MOUNT COMFORT AND
HUGHMOUNT ROADS AND ZONING SUCH PROPERTY R-A,
RESIDENTIAL AGRICULTURE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the property described in Exhibit A attached hereto is annexed
into the City of Fayetteville.
Section 2: That the map of the City of Fayetteville is hereby amended by adding
the property described in Exhibit A to the City of Fayetteville.
Section 3 : That the Official Zoning map of the City of Fayetteville is hereby
amended to zone the property described in Exhibit A as R-A, Residential Agricultural.
Section 4: That the property described in Exhibit A is hereby assigned to Ward
No. 4.
PASSED and APPROVED this 51hday of July, 2005.
APPROVED:
•'G\TY p� •SG�j.
see
�_,
FAYETTEVILLE ;
z% By
DAN COODY, Mayor
'�, i • AN• Jac
NGTON vivo
ATTEST: " u,nw"n "
By: 4I7it•�pPit�2i_ Qav �
�SONDRA SMITH, City Clerk IIIIIIilllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll
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C) w C Doc ID : 009064440002 T9e : REL
c' F- —u Recorded : 09/08/2005 at 0 09 : 53 : 48 AM
c.> O Fee Amt : $11 . 00 Pace 1 of 2
cL w c� Mashlnaton County . AR
p Cr H > Bette Stamos Circuit Clerk
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M m F11e2005 -00039231
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EXHIBIT "A" FILED
ANX 05-1490
2005 SEP g ��S �� A
PART OF THE FRACTIONAL NORTHWEST QUARTER (FRL NW 1 /4) OE I 1 ,
TOWNSHIP 16 NORTH, RANGE 31 WEST, AND PART QFAA% �jSTp �fF S 1 /2) OF
SECTION 31 , TOWNSHIP 17 NORTH, RANGE 30 WEST OF� TjH PN� A'��
MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MQlAif F OLMY
.
k`
�
DESCRIBED AS FOLLOWS: '' IINGTOPd Co. ARK .
COMMENCING AT A FOUND IRON BOLT, SAID BOLT ACCEPTED AND USED AS THE
SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF THE FRACTIONAL
NORTHWEST QUARTER (FR NW 1/4) OF SAID SECTION 1 , TOWNSHIP 16 NORTH,
RANGE 31 WEST THENCE NORTH O1 DEGREES 53 MINUTES 58 SECONDS EAST A
DISTANCE OF 28.33 FEET TO A FOUND 1 /2 INCH DIAMETER IRON PIN AND THE
POINT OF BEGINNING; THENCE NORTH 84 DEGREES 40 MINUTES 38 SECONDS
WEST A DISTANCE OF 19.29 FEET TO A FOUND 1 /2 INCH DIAMETER IRON PIN;
THENCE NORTH 76 DEGREES 20 MINUTES 32 SECONDS WEST A DISTANCE OF 63 .43
FEET TO A FOUND 1 /2 INCH DIAMETER IRON PIN; THENCE NORTH 64 DEGREES 58
MINUTES 43 SECONDS WEST A DISTANCE OF 61 . 18 FEET TO A FOUND 1 /2 INCH
DIAMETER IRON PIN; THENCE NORTH 47 DEGREES 49 MINUTES 33 SECONDS WEST
A DISTANCE OF 69.50 FEET TO A FOUND 1 /2 INCH DIAMETER IRON PIN; THENCE
NORTH 35 DEGREES 00 MINUTES 05 SECONDS WEST A DISTANCE OF 67.78 FEET TO
A FOUND 1 /2 INCH DIAMETER IRON PIN; THENCE NORTH 15 DEGREES 54 MINUTES
21 SECONDS WEST A DISTANCE OF 70.73 FEET TO A FOUND 1 /2 INCH DIAMETER
IRON PIN; THENCE NORTH 00 DEGREES 20 MINUTES 48 SECONDS EAST A
DISTANCE OF 563 .56 FEET TO A SET COTTON PICKER SPINDLE; THENCE SOUTH 85
DEGREES 36 MINUTES 33 SECONDS EAST A DISTANCE OF 23.81 FEET TO A SET 5/8
INCH DIAMETER IRON PIN; THENCE NORTH 40 DEGREES 05 MINUTES 48 SECONDS
EAST A DISTANCE OF 15 .55 FEET TO A FOUND 1 /2 INCH DIAMETER IRON PIN;
THENCE NORTH 79 DEGREES 34 MINUTES 49 SECONDS EAST A DISTANCE OF 437.56
FEET TO A FOUND 1 /2 INCH DIAMETER IRON PIN; THENCE NORTH 03 DEGREES 47
MINUTES 41 SECONDS EAST A DISTANCE OF 354.75 FEET TO A FOUND 1 /2 INCH
DIAMETER IRON PIN; THENCE NORTH 71 DEGREES 56 MINUTES 02 SECONDS EAST
A DISTANCE OF 112. 10 FEET TO A FOUND 1 /2 INCH DIAMETER IRON PIN; THENCE
NORTH 71 DEGREES 55 MINUTES 52 SECONDS EAST A DISTANCE OF 556.38 FEET TO
A FOUND 1 /2 INCH DIAMETER IRON PIN AND THE NORTHWEST CORNER OF
WILDFLOWER MEADOWS SUBDIVISION; THENCE ALONG THE WEST LINE OF SAID
WILDFLOWER MEADOWS SUBDIVISION SOUTH 03 DEGREES 06 MINUTES 36
SECONDS WEST A DISTANCE OF 832.24 FEET TO A FOUND 1 /2 INCH DIAMETER
IRON PIN; THENCE LEAVING SAID WEST LINE NORTH 87 DEGREES 56 MINUTES 15
SECONDS WEST A DISTANCE OF 208.26 FEET TO A FOUND 1 /2 INCH DIAMETER
IRON PIN; THENCE SOUTH 03 DEGREES 03 MINUTES 18 SECONDS WEST A
DISTANCE OF 626. 12 FEET TO A FOUND 1 /2 INCH DIAMETER IRON PIN; THENCE
NORTH 87 DEGREES 51 MINUTES 31 SECONDS WEST A DISTANCE OF 310.40 FEET
TO A FOUND 1/2 INCH DIAMETER IRON PIN; THENCE NORTH 87 DEGREES 55
MINUTES 51 SECONDS WEST A DISTANCE OF 283 .81 FEET TO THE POINT OF
BEGINNING, CONTAINING 24.35 ACRES, MORE OR LESS, AND BEING SUBJECT TO
THE RIGHT OF WAY OF MOUNT COMFORT ROAD ALONG THE SOUTH AND WEST
SIDES AND WASHINGTON COUNTY ROAD #703 ALONG THE WEST SIDE THEREOF.
AND ALSO BEING SUBJECT TO ANY EASEMENTS, RIGHTS OF WAYS, COVENANTS
AND RESTRICTIONS OF RECORD.
M
Washington County, AR
I certify this instrument was filed on
0910612005 09:53:46 AM
and recorded in Real Estate
File Number 2005-0003923
Bette Stamps - Circuit Cl
by
FROM . • (MON) FEB 7 2005 10 : OT. 10 : 39/No. 6816796401 P 2
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF THE PETITION OF CERTAIN
PROPERTY TO THE CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS
ti
No. Cca � z
A CO
PETITION TO ANNEX_TERRITORY TO + � a v �+
THE CITY OF FAYETTEVILLE. WASHINGTON COUNTY. �A4iSA5§, m
a rn �0
Come now the petitioners (the "Petitioners'), Dixie Management and in esmrent,&P, an
Arkansas limited partnership, to annex certain property into the city of Fayc4Ql4E W&*ngton
County, Arkansas, pursuant to A.C.A. Section 14-40-601 , et. Seq. States as follows;
1 . That the 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 contiguous with
the city of Fayetteville, Arkansas and is within the City of Fayetteville, School
District
2. That the Petitioners name Steve Clark, and Pam Jones as the persons authorized
to act on their behalf.
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.
5. That the Petitioners herein desire that the Real Property become part of the City
of Fayetteville, Washington County, Arkansas, and the Petitioners state that they
will do any and all legal acts necessary to accomplish the objective set forth
herein.
Page 1 of 2
FROM • (MON ) FEB 7 2005 10 : ?0. 10 : 39/No. 6816796401 P 3
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 Real
Property into the City of Fayctteville, Washington County, Arkansas, and to order such
other relief as is appropriate under applicable law.
Respectfully submitted this day ofAe4rzt a PP5� , 2005.
Petitioner and General Partner
Dixie Management and Investments, LP
An Arkansas Limited Partnership
3715 N. Business Drive, Ste. 201
Fayetteville, Ar 72703
State of Arkansas )
) ss.
County of Washington )
SUBSCRIBED AND SWORN TO before me, a notary Public, this
'7 day of 4"n4Ary 2005.
^4
J 'o
O Public
ryigflu. ..n....:.
Page 2 of 2
FROM (MON) FEB 7 2005 10 ST. 10 : 39/No. 6816796401 P 4
1
EXHIBIT "A"
Section 31
T-1 7-N LEGEND
Area Petitioning to to AnnaJted
R-30-W Area within Foyatewllo car Linift
=Aream Rund WeaNngton Co"
TOwnsh Lina rea
Owners:
pule Monagment and Investrnanp, LP
3716 N. Business Orlve. Ste. 201
Fayetteville, Ar 72703
lose
on
-16-N
R-31 -W
VICINITY MAP S
Annexation Boundary
2 -LCQ ' �
Part W the Fractional Northwood Qmrtar (PRL NW 114) of Section 1, Township 18 North, -
Range 31 Wast, and part Of the $'Goon Half (3 /2) of Section 31, Tomuto 17 North, Range 30 West.
M the FIM Principal Median, Weshingt0n County, Amansas, being roars porOasary atadxlbea as fot0wa;
bit, sato bit acceWod and toad es the Sout4wew owner rime
Otlttrter(NE tl4) the Fredldxrel WnOnvest Quarter (FRL NW 114)
p 16 Norm, Range 31 Weat
U*nw North 01 degrees 53 mrnutae 58 seconds East a dldahw 04 28.33 feet to a found 12 kWh d*ngW Ian pin and the
POINT OF BEGINNING ;
that" North 84 degrees 40 mkwues 39 eeoprWo Wast a diasarwoe of 10.20 feat to a found 12 Inch dlarnwamrr eon pin;
thence North 76 degrees 20 minutes 32 seconds West a distance of 63.413 feet t0 a round 12 inch diameter iron pin;
thanes Nolan 64 dograes 68 mimnas 43 seconds West a distance of 81.18 f444 to a found 12 knot diameter Iron PIM
Ihallta North 47 degrees 49 minutes 33 seconds Wast a distance of 69.50 feet to a faced 12 Inch diametar Iron pin;
thence Nam 35 degrees 00 nunuiss 05 seconds West a distance of 87.76 feet to a bund 12 inch planer Irm pi"L•
thence North 15 degrees 54 mimim 21 seconds West a diµarab W 10.73 rad to a bund 12 inch diwlwla Iron prl;
menta South 6 e d"enco North 00 degroa20 minulea 48 socords East a distance Of 593,59 bio to a W collon piker torKso; `� 4j�e Z .5, (00
aeproas 38 minutes 33 seconds East a distance of 23.81 feet to to a set SAS knch diameter Irm pin:
litor" North 40 degrees 05 minutes 48 seconds East a dietwroe of 15.55 foe to a found 112 Inch danata iron pin:
dhance North 79 degrees 34 mimJee 49 seconds Eat( a distance of 437.56 feat to e bund 12 incl darrroter. ran Pin;
91600e North 03 degrees 47 minutes 41 seoWs test a distance of 354.15 foal to a found 112 Inch decoder Iran pin;
glance North 71 degrees 59 minutes 02 seoonds East a ddarlae of 112.10 tear to a found 12 inch diameter, iron pin:
whence North 71 degrees 55 minutes 52 aeeords End a (balance of 558.38 bet b a Nod 12 inch dmtda icon pin
snd the nertwre9t coma of Wildflower Neatkars SubWvftJW
manor 9" the west line of Bald Wlldaovear Mesdows Su6dW9Im South 03 degrees 08 minutes 38 seconds West a distance of 03224 feet to a faced 12 inch darrleta Iron
pin:
"nano* leaving aed vreet line Nam 87 degrees 56 minutes 15 seconds West a diman of 20826I*µ to e found M inch dwnlaler 4on ion;
Illanse South 03 degrees 03 mimtN 18 w4ft 4 Wool • dNance of 929.12 feet to a found 12 Inch damder Ice pin:
thence Norm 87 degrees 51 minutes 31 seconds West a ddenco of 310.40 feel to a faced 12 inch d iamo or inch pin ;
thence Norm 87 degrees 55 minutes 51 seconds West a detahca of 283.81 feet
to the POINT OF BEGINNING . containing 24.35 acres, moa a less,
and being subject to the right Of Way Of Mont ComfM Road along pro south and weft sides and Washington Canty Road
a 703 along the wast µdo thereof. And also bµng sub(ect to try eas"wnts. rights o/
�y wa^ covenants end realrittions of noOwd.
_ SCALr- LZI DATEREYL4Eo' CHECKED6Y: DRAWN BY;
Tilting DAT* 62.o3f9s JSc Icmon
ONIL I EENVIRONMENTALENGINEERING Petition for Annexation
3715 Business Drive, SWtn 202 Fay60evl9e, AR 72703 - (479)444-8171 'I
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF:
ANNEXING TO THE CITY OF FAYETTEVILLE,
ARKANSAS, CERTAIN LANDS CONTIGUOUS
TO SAID CITY OF FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS
CASE NO: CC2005-3
DIXIE MANAGEMENT AND INVESTMENTS, LP,
an Arkansas Limited Partnership PETITIONERS
PETITION FOR CONFIRMATION OF ANNEXATION
Come now, Dixie Management and Investments, LP, an Arkansas Limited Partnership,
for their Petition for Confirmation of Annexation state as follows:
1 . There was entered in this case a Decree of Annexation which annexed real estate
described therein to the City of Fayetteville, Arkansas.
2. Said Decree was duly filed in the County Records of Washington County,
Arkansas on March 23rd, 2005.
3 . No objections have been given to the authorities of the City of Fayetteville, nor to
the agents of the Petitioners, nor have any exceptions to the said Decree been filed with the
County Clerk nor with the Circuit Clerk of Washington County, Arkansas.
4. No exceptions to the said action have been filed by any interested person or by the
City of Fayetteville, Arkansas, and the Petitioners now ask that the annexation be confirmed.
Page 1 of 2
WHEREFORE, the Petitioners pray that the annexation be confirmed, and that this Court
find that the Petition and all proceedings thereunder are in compliance with the statutes and that
the action of the County Court, in its Decree of Annexation entered March 23rd, 2005, be in all
things approved and confirmed.
Respectfully submitted this 2 I day of April, 2005.
Petitioner and General Partner
Dixie Management and Investments, LP
An Arkansas Limited Partnership
3715 N. Business Drive, Ste. 201
Fayetteville, Ar 72703
CERTIFICATE OF SERVICE
I, Steve Clark, representative for the Petitioners herein, hereby certify that I have 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. Mails, postage prepaid, addressed to their mailing address in
Fayetteville, Arkansas, this21 `'�tEi day of April, 2005.
Steve Clark, P.E.
State of Arkansas )
) ss.
County of Washington )
SUBSCRIBED AND SWORN TO before me, a notary Public, this
;21 s� day of A.pr i 1 52005.
OFFICIAL SEAL
PAMVANDENBERG
NOTARY PUBLIC-ARKANSAS Notary Public
WASHINGTON COUNTY
MY COMMISSION EXPIRES: 06-08-2011
Page 2 of 2
.. .. V
FILED
20105 FIRR 23 An 20
Po
" ' ),Mn iTE CL " I F;
iGS ," U '.l ' , TGN CG . .
IN THE COUNTY COURT OF WASHINGTON COUNTY
IN THE MATTER OF:
ANNEXATION OF CERTAIN LANDS TO THE
CITY OF FAYETTEVILLE, ARKANSAS
NO: CC 2005-3
ORDER OF ANNEXATION
Now on this 14th day of March, 2005, this cause comes on to be heard, the Petitioners,
Dr. Ben Israel, as General Partner of Dixie Management and Investments LP, an Arkansas
Limited Partnership, who is represented by the engineer of record, Steve Clark, 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 7th day of February, 2005 at which
time this Court fixed the 14" day of March, 2005, at 10:00 am as the date and
time of hearing for said cause, and that a full notice of this hearing was given as
required by law and the proof of publication of said notice is now on file with the
County Clerk of this Court and the Court has jurisdiction of this cause.
2. The Court is satisfied that the allegations of the Petition are sustained by the
proof, that the limits of the territory to be annexed have been properly filed; that
the property owners have freehold interests in the property hereinafter described
in the Petition and constitute the real owners of the area affected.
xa . sol
3 . The land proposed to be annexed to the City of Fayetteville, Washington County,
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 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
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 1953, as codified in Ark. Code Ann. 14-
40-60 1 ,
4-40-601 , et seq., and this Order shall be duly recorded by the County Clerk of Washington
County.
IT IS SO ORDERED this �2day of Gw , 2005
The Yonorable Jerry Hunton
Washington County Judge
Ya - 9Ds
Exhibit A
Part of the Fractional Northwest Quarter (FRL NW 1/4) of Section 1 , Township 16 North, Range
31 West, and part of the South Half (S 1/2) of Section 31 , Township 17 North, Range 30 West,
of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described
as follows:
Commencing at a found iron bolt, said bolt accepted and used as the Southwest corner of the
Southeast Quarter (SE 1/4) of the Fractional Northwest Quarter (FRL NW 1/4) of said Section 1 ,
Township 16 North, Range 31 West thence North 01 degrees 53 minutes 58 seconds East a
distance of 28 .33 feet to a found 1 /2 inch diameter iron pin and the POINT OF BEGINNING ;
thence North 84 degrees 40 minutes 38 seconds West a distance of 19.29 feet to a found 1/2 inch
diameter iron pin; thence North 76 degrees 20 minutes 32 seconds West a distance of 63 .43 feet
to a found 1/2 inch diameter iron pin; thence North 64 degrees 58 minutes 43 seconds West a
distance of 61 . 18 feet to a found 1 /2 inch diameter iron pin; thence North 47 degrees 49 minutes
33 seconds West a distance of 69.50 feet to a found 1 /2 inch diameter iron pin; thence North 35
degrees 00 minutes 05 seconds West a distance of 67.78 feet to a found 1/2 inch diameter iron
pin; thence North 15 degrees 54 minutes 21 seconds West a distance of 70.73 feet to a found 1 /2
inch diameter iron pin; thence North 00 degrees 20 minutes 48 seconds East a distance of 563 . 56
feet to a set cotton picker spindle; thence South 85 degrees 36 minutes 33 seconds East a distance
of 23 .81 feet to a set 5/8 inch diameter iron pin; thence North 40 degrees 05 minutes 48 seconds
East a distance of 15.55 feet to a found 1/2 inch diameter iron pin; thence North 79 degrees 34
minutes 49 seconds East a distance of 437.56 feet to a found 1/2 inch diameter iron pin; thence
North 03 degrees 47 minutes 41 seconds East a distance of 354.75 feet to a found 1/2 inch
diameter iron pin; thence North 71 degrees 56 minutes 02 seconds East a distance of 112. 10 feet
to a found 1/2 inch diameter iron pin; thence North 71 degrees 55 minutes 52 seconds East a
distance of 556.38 feet to a found 1/2 inch diameter iron pin and the northwest corner of
Wildflower Meadows Subdivision; thence along the west line of said Wildflower Meadows
Subdivision South 03 degrees 06 minutes 36 seconds West a distance of 832.24 feet to a found
1/2 inch diameter iron pin; thence leaving said west line North 87 degrees 56 minutes 15 seconds
West a distance of 208 .26 feet to a found 1/2 inch diameter iron pin; thence South 03 degrees 03
minutes 18 seconds West a distance of 626. 12 feet to a found 1/2 inch diameter iron pin; thence
North 87 degrees 51 minutes 31 seconds West a distance of 310.40 feet to a found 1 /2 inch
diameter iron pin ; thence North 87 degrees 55 minutes 51 seconds West a distance of 283 .81
feet to the POINT OF BEGINNING , containing 24.35 acres, more or less, and being subject to
the right of way of Mount Comfort Road along the south and west sides and Washington County
Road # 703 along the west side thereof. And also being subject to any easements, rights of ways,
covenants and restrictions of record.
• EXHIBIT "A"
Section 31 LEGEND
T-1 7-N ® Area Petitioning to be Annexed
R-30-W EDArea within Fayetteville City Limits
Area in Rural Washington County
Township Line
Owners:
JeRJ° Dixie Managmenl and Investments, LP
3715 N. Business Drive, Ste. 201
Fayetteville, Ar 72703
COUNTY ROAD NO.8
UNSMNE �
Ion 1
- 16-N
R-31 -W
VICINITY MAP
Annexation Boundary:
Part of the Fractional Northwest Quarter (FRL NW 1/4) of Section 1 , Township 16 North, Range 31 West, and part of the South
Half IS 1/2) of Section 31, Township 17 North, Range 30 West, of the Fifth Principal Meridian, Washington County, Arkansas,
being more particularly described as follows:Commencing at a found iron bolt, said bolt accepted and used as the Southwest
corner of the Southeast Quarter (SE 1/4) of the Fractional Northwest Quarter (FRL NW 1/4) of said Section 1, Township 16
North, Range 31 West thence North 01 degrees 53 minutes 58 seconds East a distance of 28.33 feet to a found 112 inch
diameter iron pin and the POINT OF BEGINNING ;thence North 84 degrees 40 minutes 38 seconds West a distance of 19.29
feet to a found 112 Inch diameter iron pin; thence North 76 degrees 20 minutes 32 seconds West a distance of 63.43 feet to a
found 1/2 inch diameter iron pin; thence North 64 degrees 58 minutes 43 seconds West a distance of 61.18 feet to a found 12
inch diameter iron pin; thence North 47 degrees 49 minutes 33 seconds West a distance of 69.50 feet to a found 1/2 inch
diameter iron pin; thence North 35 degrees 00 minutes 05 seconds West a distance of 67.78 feet to a found 1/2 inch diameter
iron pin; thence North 15 degrees 54 minutes 21 seconds West a distance of 70.73 feet to a found 1/2 inch diameter iron pin;
thence North 00 degrees 20 minutes 48 seconds East a distance of 563.56 feet to a set cotton picker spindle; thence South 85
degrees 36 minutes 33 seconds East a distance of 23.81 feet to to a set 5/8 inch diameter iron pin; thence North 40 degrees 05
minutes 48 seconds East a distance of 15.55 feet to a found 1/2 Inch diameter iron pin; thence North 79 degrees 34 minutes 49
seconds East a distance of 437.56 feet to a found 1/2 inch diameter iron pin; thence North 03 degrees 47 minutes 41 seconds
East a distance of 354.75 feet to a found 1/2 inch diameter iron pin; thence North 71 degrees 56 minutes 02 seconds East a
distance of 112.10 feet to a found 112 inch diameter iron pin; thence North 71 degrees 55 minutes 52 seconds East a distance of
556.38 feet to a found 1/2 inch diameter iron pin and the northwest corner of Wildflower Meadows Subdivision; thence along the
west line of said Wildflower Meadows Subdivision South 03 degrees 06 minutes 36 seconds West a distance of 832.24 feet to a
found 112 inch diameter iron pin; thence leaving said west line North 87 degrees 56 minutes 15 seconds West a distance of
208.26 feet to a found 1/2 inch diameter iron pin; thence South 03 degrees 03 minutes 18 seconds West a distance of 626.12
feet to a found 112 Inch diameter iron pin; thence North 87 degrees 51 minutes 31 seconds West a distance of 310.40 feet to a
found 1/2 inch diameter iron pin ; thence North 87 degrees 55 minutes 51 seconds West a distance of 283.81 feet to the POINT
OF BEGINNING , containing 24.35 acres, more or less, and being subject to the right of way of Mount Comfort Road along the
south and west sides and Washington County Road # 703 along the west side thereof. And also being subject to any easements,
rights of ways, covenants and restrictions of record.
rk SCALE: 1"=150' DATE REVISED: CHECKED BY: DRAWN BY:
onsulting DATE: 02/03/05 0228/05 JSC Konold
ns
CIVIL / ENVIRONMENTAL ENGINEERING Petition for Annexation
3715 Business Drive, Suite 202 Fayetteville, AR 72703 (479)444-8171 1
,0'n
ORDINANCE NO, 4732
AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN
ANX 05-1490 FOR APPROXIMATELY 24.35 ACRES LOCATED AT
THE NORTHEAST CORNER OF MOUNT COMFORT AND
HUGHMOUNT ROADS AND ZONING SUCH PROPERTY R -A,
RESIDENTIAL AGRICULTURE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the property described in Exhibit A attached hereto is annexed
into the City of Fayetteville.
Section 2: That the map of the City of Fayetteville is hereby amended by adding
the property described in Exhibit A to the City of Fayetteville.
Section 3: That the Official Zoning map of the City of Fayetteville is hereby
amended to zone the property described in Exhibit as R -A, Residential Agricultural.
No. 4.
Section 4: That the property described in Exhibit A is hereby assigned to Ward
PASSED and APPROVED this 5th day of July, 2005.
ATTEST:
By:
>..•G�1 r O.ce0
FAYETTEVILLE
SMITH, City Clerk
"�'V 600 N015NIHSVI.:i
M�110 31v902ld 12 '00
"'it JlllJd S0V+0J �J322VA
11 UY Wd 9 dh SOR
APPROVED:
By:
I IIII II IIII I III VIII II III VIII VIII VIII VIII VIII I III I IIII I I I II I I IIII III
Doc ID: 009064440002 Tvoe: REL
Recorded: 09/06/2005 at 09:53:46 AM
Fee Amt: $11.00 Faae 1 of 2
Washinaton Countv. AR
Bette Stamos Circuit Clerk
F1le2005-00039231
0 •
EXHIBIT "A"
ANX 05-1490
PART OF THE FRACTIONAL NORTHWEST QUARTER (FRL NW 1/4) OF SECTION 1,
TOWNSHIP 16 NORTH, RANGE 31 WEST, AND PART OF THE SOUTH HALF (S 1/2) OF
SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL
MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND IRON BOLT, SAID BOLT ACCEPTED AND USED AS THE
SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF THE FRACTIONAL
NORTHWEST QUARTER (FR NW 1/4) OF SAID SECTION 1, TOWNSHIP 16 NORTH,
RANGE 31 WEST THENCE NORTH 01 DEGREES 53 MINUTES 58 SECONDS EAST A
DISTANCE OF 28.33 FEET TO A FOUND 1/2 INCH DIAMETER IRON PIN AND THE
POINT OF BEGINNING; THENCE NORTH 84 DEGREES 40 MINUTES 38 SECONDS
WEST A DISTANCE OF 19.29 FEET TO A FOUND 1/2 INCH DIAMETER IRON PIN;
THENCE NORTH 76 DEGREES 20 MINUTES 32 SECONDS WEST A DISTANCE OF 63.43
FEET TO A FOUND 1/2 INCH DIAMETER IRON PIN; THENCE NORTH 64 DEGREES 58
MINUTES 43 SECONDS WEST A DISTANCE OF 61.18 FEET TO A FOUND 1/2 INCH
DIAMETER IRON PIN; THENCE NORTH 47 DEGREES 49 MINUTES 33 SECONDS WEST
A DISTANCE OF 69.50 FEET TO A FOUND 1/2 INCH DIAMETER IRON PIN; THENCE
NORTH 35 DEGREES 00 MINUTES 05 SECONDS WEST A DISTANCE OF 67.78 FEET TO
A FOUND 1/2 INCH DIAMETER IRON PIN; THENCE NORTH 15 DEGREES 54 MINUTES
21 SECONDS WEST A DISTANCE OF 70.73 FEET TO A FOUND 1/2 INCH DIAMETER
IRON PIN; THENCE NORTH 00 DEGREES 20 MINUTES 48 SECONDS EAST A
DISTANCE OF 563.56 FEET TO A SET COTTON PICKER SPINDLE; THENCE SOUTH 85
DEGREES 36 MINUTES 33 SECONDS EAST A DISTANCE OF 23.81 FEET TO A SET 5/8
INCH DIAMETER IRON PIN; THENCE NORTH 40 DEGREES 05 MINUTES 48 SECONDS
EAST A DISTANCE OF 15.55 FEET TO A FOUND 1/2 INCH DIAMETER IRON PIN;
THENCE NORTH 79 DEGREES 34 MINUTES 49 SECONDS EAST A DISTANCE OF 437.56
FEET TO A FOUND 1/2 INCH DIAMETER IRON PIN; THENCE NORTH 03 DEGREES 47
MINUTES 41 SECONDS EAST A DISTANCE OF 354.75 FEET TO A FOUND 1/2 INCH
DIAMETER IRON PIN; THENCE NORTH 71 DEGREES 56 MINUTES 02 SECONDS EAST
A DISTANCE OF 112.10 FEET TO A FOUND 1/2 INCH DIAMETER IRON PIN; THENCE
NORTH 71 DEGREES 55 MINUTES 52 SECONDS EAST A DISTANCE OF 556.38 FEET TO
A FOUND 1/2 INCH DIAMETER IRON PIN AND THE NORTHWEST CORNER OF
WILDFLOWER MEADOWS SUBDIVISION; THENCE ALONG THE WEST LINE OF SAID
WILDFLOWER MEADOWS SUBDIVISION SOUTH 03 DEGREES 06 MINU'T'ES 36
SECONDS WEST A DISTANCE OF 832.24 FEET TO A FOUND 1/2 INCH DIAMETER
IRON PIN; THENCE LEAVING SAID WEST LINE NORTH 87 DEGREES 56 MINUTES 15
SECONDS WEST A DISTANCE OF 208.26 FEET TO A FOUND 1/2 INCH DIAMETER
IRON PIN; THENCE SOUTH 03 DEGREES 03 MINUTES 18 SECONDS WEST A
DISTANCE OF 626.12 FEET TO A FOUND 1/2 INCH DIAMETER IRON PIN; THENCE
NORTH 87 DEGREES 51 MINUTES 31 SECONDS WEST A DISTANCE OF 310.40 FEET
TO A FOUND 1/2 INCH DIAMETER IRON PIN; THENCE NORTH 87 DEGREES 55
MINUTES 51 SECONDS WEST A DISTANCE OF 283.81 FEET TO THE POINT OF
BEGINNING, CONTAINING 24.35 ACRES, MORE OR LESS, AND BEING SUBJECT TO
THE RIGHT OF WAY OF MOUNT COMFORT ROAD ALONG THE SOUTH AND WEST
SIDES AND WASHINGTON COUNTY ROAD #703 ALONG THE WEST SIDE THEREOF.
AND ALSO BEING SUBJECT TO ANY EASEMENTS, RIGHTS OF WAYS, COVENANTS
AND RESTRICTIONS OF RECORD.
E
SEC`
CITMA OR'S Or-F;OE
Charlie Daniels
Secretary of State
September 20, 2005
The Honorable Karen Combs Pritchard
Washington County Clerk
280 North College, Suite 300
Fayetteville, AR 72701
Dear Ms. Pritchard:
State of Arkansas
Secretary of State
Business & Commercial Services
682-3409
Elections
682-5070
Building & Grounds
682-3407
Communications & Education
6830057
Stale Capitol Police
682-5173
Business office
682-8032
Information Technology
682-3411
The Following Information has been recorded and filed in the Office of the Secretary of State:
Date: 9/20/2005 County: Washington City: Fayetteville
Annexation: Ordinance No. Co. Order No.
4732 CC 2005-3
4741 CC 2005-12
4743 CC 2005-16
Incorporation:
Census Information
1st Class City
2nd Class City
Incorporated Town
Resolution No. —
Plat
Election
Island
Ordinance No.
Co. Order No.
Plat
Election
X
«ANNEX_ ELECTION»
((ISLAND»
((DATE FILED))
- ((INCCOORDNO»
((INCPLAT»
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,
I V4tl�
Plesha Harris
Election Services Representative
Room 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
RECEIVED
SEP 2 P.
CITY OF FAYEI
CITY CLERK'S
RECEIVED
JUN 0 12005
`Tr
E TY OF FAYETrEVILLE Ault Ai uck
OITV OLERMF6 OFFICE
�T ,
�j %�'T nn� /1 H' 3CIdd0 S;5IH3l� I tl
LV LLO 1viL 311IA31L3ANjJOA.110
REAL ESTATE • COMMERCIAL PROPERTY • CORPORATE OFFICE SPACE SJQ. QZ 10 Nnr
3715 N. Business Drive, Suite 201 (13nI3C3a
Fayetteville, AR 72703
May 31, 2005
Ms. Sondra Smith, City Clerk
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
Re: Appeal of Planning Commission decision to deny Annexation of 24.35 acre tract at
Mt. Comfort Road and Hughmount Road Fayetteville, AR
Dear Ms. Smith:
We would like to be placed on the City Council agenda to appeal the Planning
Commission's decision to deny the annexation request ANX 05-1490. The Planning
Commission denied the annexation because the annexation as requested would create a 3 -
acre island of land that would remain in the county.
The Planning Commission vote was 5 to 4 against the annexation, with four of the
Commissioners voting for the annexation. The remaining Commissioners expressed their
support for the annexation, but did not vote for our request due to the current City policy
to not create islands of land that would remain outside the city limits.
Dixie Development purchased this property in December 2004. We have been in
discussion with the owner of the 3 -acre parcel prior to closing on the tract. We have
offered to purchase the 3 -acres or to process an annexation request for the owner. We
have not been successful with any of our offers to date.
Phone 479.251.0707
Toll Free 877.872.0707
Fax 479.251.0714
0
We understand the reasons for the City's policy on annexation. However, there are
instances when, in the best interests of the citizens of Fayetteville, the policies must be
adjusted. We believe this instance necessitates an adjustment.
Thank you for your attention to this matter.
Respectfully Submitted,
G�.-
Pam Jones
Special Projects, Dixie Development, Inc.
City Council feting of June 21, 2005
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: June 01, 2005
Subject: Annexation for Dixie Development (ANX 05-1490)
RECOMMENDATION
The Planning Commission voted to deny the requested annexation for Dixie
Development, a 24.35 acre tract located north of Mount Comfort Road and east of
Hughmount Road. Planning Staff originally recommended denial of the annextation
request as it would result in the creation of an island of unincorporated property. Beyond
the policy directive to not create islands of unincorporated area, staff is supportive of the
annexation request.
The subject property contains four parcels of property consisting of 24.35 -acres. The
property is owned by Dixie Development. It is located at the northeast corner of Mount
Comfort Road, where the Minor Arterial Street turns north and continues as Hughmount
Road, a Collector Street. The property adjoins the City limits to the east, where property
has recently developed as Wildflower Meadows Subdivision. Other subdivisions, such as
Bridgeport and Clabber Creek, are located south and east of the subject property.
The applicant requests 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.
No public comment was received for this item.
This item was heard at the regular Planning Commission on May 23, 2005. The Planning
Commission voted 5-4-0 to deny this item, with Commissioners Vaught, Graves, Trumbo
and Lack voting no. The applicant has submitted an appeal of the Planning Commission
decision to the City Clerk within the 10 -day appeal period.
Annexation of this property would create a three -acre island of unincorporated property
located north of Mount Comfort Road. Annexation Guiding Policy 11.6.a states, "Annex
existing islands and peninsulas and do not annex areas that would create an island or
peninsula. " Staff had informed the applicant of the resulting island at the time a Petition
City Council feting of June 21, 2005
Agenda Item Number
for annexation was submitted to the County Clerk and met with a representative from
Dixie Development prior to the submittal of the annexation application to discuss this
issue. At the Planning Commission meeting, the applicant's representative stated that his
client had had discussions regarding annexation with the owner of the three -acre parcel
and at one time had attempted to purchase this property to no avail.
BUDGETIMPACT
None.
ORDINANCE NO,
AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED
IN ANX 05-1490 FOR APPROXIMATELY 24.35 ACRES
LOCATED AT THE NORTHEAST CORNER OF MOUNT
COMFORT AND HUGHMOUNT ROADS AND ZONING SUCH
PROPERTY R -A, RESIDENTIAL AGRICULTURE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the property described in Exhibit A attached hereto is annexed
into the City of Fayetteville.
Section 2: That the map of the City of Fayetteville is hereby amended by adding
the property described in Exhibit A to the City of Fayetteville.
Section 3: That the Official Zoning map of the City of Fayetteville is hereby
amended to zone the property described in Exhibit A as R -A, Residential Agricultural.
Section 4: That the property described in Exhibit A is hereby assigned to Ward
No. 4.
PASSED and APPROVED this 5w day of July, 2005.
ATTEST:
By:
SONDRA SMITH, City Clerk
APPROVED:
By:
fox
DAN OODY, Mayor
0
•
Ta. � L
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: May 18, 2005
PC Meeting of May 23, 2005
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ANX 05-1490: (DIXIE DEVELOPMENT, 321): Submitted by STEVE CLARK for property
located at NE CORNER MT COMFORT AND HUGHMOUNT RD. The property is in the
Planning Area and contains approximately 24.35 acres. The request is to annex the subject
property into the City of Fayetteville.
Property Owner: DIXIE DEVELOPMENT Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends denial of this annexation request as it would result in creation of an
island of unincorporated property within city limits and based on the findings herein.
PLANNING COMMISSION ACTION: Required YES
O Approved ® Denied
Date: May 23, 2005 )0 5--11-0
w� �(k) CsaTn. rl
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: June 21, 2005 (O reading if recommended)
BACKGROUND:
Property description: The subject property contains four parcels of property consisting of 24.35 -
acres. The property is owned by Dixie Development. It is located at the northeast corner of
Mount Comfort Road, where the Minor Arterial Street turns north and continues as Hughmount
Road, a Collector street. The property adjoins the City limits to the east, where property was
recently developed as Wildflower Meadows Subdivision. Other subdivisions such as Bridgeport
and Clabber Creek are located south and east of the subject property.
Proposal: The applicant proposes annexation of 24.35 acres into the City of Fayetteville.
Public Comment: Staff has received no public comment concerning the requested annexation.
K.*Weports12005PC Reports105-23-05W NX 05-1490 (Diete Development).do
Recommendation: Based on the information submitted to date and the findings herein, staff
recommends denial of this annexation request. Incorporation of this property will create an
island of County property containing approximately 3 acres within the city limits. Staff has
contacted the applicant's representative on several occasions to inform him that creation of an
island is contrary to the City's Annexation Policy.
SURROUNDING LAND USE AND ZONING
Direction
Land Use
Zoning
North
Hamestring Creek; Residential Single
Family on large lots
Planning Area
South
Large Lot Residential Development
Planning Area
East
Wildflower Meadows Subdivision
RSF-4, Res. Single Family — 4 units/acre
West
Large Lot Residential Developoment
Planning Area
INFRASTRUCTURE:
Streets: Currently the site has access to Mt. Comfort Road. Mt. Comfort Road is a minor
arterial along the south boundary of the property and a collector along the west
side of the property by the current Master Street Plan. Road improvements
required for Mt. Comfort Road along the property are to include: right-of-way
dedication, pavement 14' from centerline, curb and gutter, storm drainage, and
sidewalks.
Surrounding Master Street Plan Streets:
South: Mount Comfort Road, Minor Arterial
West: Mount Comfort Road and Hughmount Road, Collector Streets
East: Morning Mist Road,.Collector Street
Water: Public water is adjacent to the site. There is an 8" main along the south and west
side of Mt. Comfort Road. There is a 4" main parallel to the 8" main along the
north side of Mt. Comfort Road. There is a 6" main along Hughmont Road.
There may be existing water stub -outs from development on the east side of the
development. Water service would need to be extended within the property at the
time of development. Minimum size of new water mains is 8". Additional
connections may be required to complete a looped system. This may include an
off -site connection to be determined at a later date. No long range improvements
to the water system are planned at this time for this area. A study of the water
supply to serve this property shall be conducted prior to development at the cost
of the developer.
Sewer: The site does have access sanitary sewer. There is a 15" sewer main
approximately 520 feet south of the property along Hamestring Creek, and an 8"
main within the development to the east. Minimum size of new sewer mains is
8". Sewer would need to be extended to serve the property. A capacity analysis
K.Weports12005WC Reports105-23-05NNX 05-/490 (Dicie D"elopment).do
of the downstream sewer lines shall be conducted and a capacity analysis of the
lift stations downstream of the site shall be conducted by the developer prior to
development.
Fire: The subject property is located approximately 1.8 miles from Fire Station V.
Response time to the property is projected at 5 minutes.
Police: 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.
LAND USE PLAN: General Plan 2020 identifies the portion of this property within the
Planning Area as Residential.
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 a peninsula or extend the current city
limits further west of the surrounding city boundary. Annexation of this
property will create an island of County property within the City of Fayetteville.
Staff rinds that the incorporation of property which would result in the
creation of an island does not meet the objectives of the City's Annexation
Policy and suggests the applicant further evaluate the possibility of
incorporation of the adjacent three -acre parcel with this annexation request.
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 east.
11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not
divide.
Finding: This area is currently utilized for several single family homes and agriculturally
related activities. The annexation of this property would neither include nor
exclude subdivisions/neighborhoods. The applicant anticipates subdivision of
this property for single family use.
1 I.6.d Boundaries for annexed areas should follow natural corridors.
Finding: Proposed boundaries follow property lines of the existing parcels, not natural
K. iReporisL?0051PC ReportsI05-23-05NNX 05-1490 (Daie Dewlopment).do
corridors.
11.6.e Timing of services within annexation areas should be considered.
Finding: Surrounding property, developed for single family use, is currently being
served by city utilities and fire and police emergency services. Fire response
times are projected at approximately 5 minutes. Extension of water and
sewer services will be required at the time of development. A study of water
supply and the sewer and lift station capacity will be required at the time of
development.
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 consists of cleared pasture land. No information has been
presented to designate the subject property environmentally sensitive.
Incorporation of this property would allow for the requirement of parks, open
space and tree preservation.
EMERGENCY AND PUBLIC SERVICES
11.6.g Public services must be able to be provided efficiently in newly annexed areas.
Finding: The surrounding subdivisions south and east of this property currently receive
public services. Staff finds that public services will be able to be provided
efficiently in this location. The Engineering Division has requested studies on
water and sewer capacity to ensure that current services may sustain any
further development on the property.
11.6.h Annexed areas should receive the same level of service of areas already in the city
limits.
Finding: The service area of the city will not extend further west with the annexation of
this property. Additionally, the adjacent Minor Arterial and Collector Streets
that surround and stub -out to this property will provide a direct route for
emergency services to the subject property.
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. IRepora120051PC Repora105-23-05WNX 05-1490 (Dieie Dewlopmenl).doc
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 sewer, but does have
access to water 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: Annexation and future development of this property will result in an increased
demand on the City water and sewer services. Increased use of the existing
services in the area may negatively impact the water supply and sewer capacity
in this area. Development of the property would require an extension of the
existing sewer lines. Off -site street improvements will be evaluated. Mount
Comfort Road is an unimproved road and extensive improvements are planned.
An assessment for standard street improvements adjacent to the property will
be required at the time of development at the cost of the developer. This
property is also located in the Clabber Creek Bridge Assessment area.
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.
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 annexation and rezoning of this property to RSF-4,
Residential single family - 4 units/acre. Increased density on this property will
increase the demand of services in this residentially developed area. Staff finds
K: Weporrs120051PC Reports105-23-05WNX 05-/490 (Dale Deve(opment).do
that the area proposed for annexation will receive the same level of service
available to the surrounding properties.
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 24.35 acres owned by Dixie Development. Staff . .
recommends the inclusion of the adjacent 3 -acre tract to the east and potentially, '
the adjacent tract to the west along Hughmount Road with this annexation
request. Doing so will create a more acceptable City boundary and meet the
criteria of the Annexation Policy which discourages annexation of property that
would result in the creation of an island.
11.6.1 Conduct a fiscal impact assessments on large annexations.
Finding: No fiscal impact assessment was conducted for this annexation: of 24.35 acres.. e., .
K.Teports12005PC Reports105-23-05NNX 05-1490 (Dale De elopment).doc
r
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.
11.6.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. 17 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.
11.6.1 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
11.6.j Areas currently served by utilities and other public services should be annexed.
11.6.k Proposed annexation areas should not require the upgrading of utilities to meet the
demands of development unless there is a threat to public safety.
11.6.1 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.
11.6.p An annexation study should be completed on all annexation proposals.
11.6.q Development proposals require a separate review from the annexation proposals.
11.6.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.
K: Weporml20051PC ReportsI05-13-05W NX 05-/490 (Dixie Dewlopmenf).doc
May 16, 2005
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
In reference to ANX05-1490: (DIXIE DEVELOPMENT, 321): Submitted by STEVE
CLARK, for property located at NE CORNER MT. COMFORT AND HUGHMOUNT
RD. The property is in the Planning Area and contains approximately 24.35 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 and thereby undesirably increase the load on
police services or create and appreciable increase in traffic danger and congestion in the
area.
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.
Sincerely,
Captain William Brown
Fayetteville Police Department
2
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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: 0 I'
- Return by:
Parcel: ab )_ I I Z- rTD b a3 j d� - 19$6`1• b1Taj ~D 03
Plat Page: Current Zoning:
Section: I Proposed Zoning:
Township: _� b
Range: 3
Submittal: 1st 2nd 3rd
Closure error / comments: p�L, / ��Zo� ( Gt,1 •� 2 I tv ' Zi'v S
Has the applicant been contacted with requested revisions:
Checked by -
Date shape file was created:
YES NO
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• Planning Commission Minutes
May 23, 2005
Items:
ANX 05-1490 (Dixie Development)
RZN 05-1491 (Dixie Development)
0 •
Planning Commission
May 23, 2005
Page 54
ANX 05-1490: (DIXIE DEVELOPMENT, 321): Submitted by STEVE CLARK for
property located at NE CORNER MT COMFORT AND HUGHMOUNT RD. The
property is in the Planning Area and contains approximately 24.35 acres. The request is
to annex the subject property into the City of Fayetteville.
RZN 05-1491: (DIXIE DEVELOPMENT, 321): Submitted by STEVE CLARK for
property located at NE CORNER WEST COMFORT AND HUGHMOUNT .Rp. The
property is zoned R -A, RESIDENTIAL AGRICULTURAL, and contains approximately
24.35 acres. The request is to rezone the subject property to RSF-4, Residential Single-
family, 4 units per acre.
Ostner. The next item is ANX 05-1490 for Dixie Development submitted by Steve
Clark for property located at the northeast comer of Mt. Comfort and
Hughmount Road. If we could have the staff report please.
Morgan: Yes Sir. This property is located north of Mt. Comfort and actually, east
of Mt. Comfort where Mt. Comfort heads north and then turns into
Hughmount Road. Mt. Comfort to the south is a minor arterial and to the
west of this property is a collector street. This property is located adjacent
to city property to the east where it abuts Wildflower Meadows
Subdivision, a recently approved Final Plat and subdivision in this area. It
is also located adjacent to other subdivisions such as Bridgeport and
Clabber Creek. The applicant proposes annexation of 24.35 acres into the
City of Fayetteville at this time. It is adjacent to several collector and
minor arterial streets. With development of this property we would
require assessments for the nearby Clabber Creek bridge as well as study
with regard to water and sewer. Fire and Police currently service the
many subdivisions that are in this area. It is a very developed part of town
on the western side of Fayetteville at four units per acre density approved
in that area. There is, however, as you can see on page 11.18 an island
which would be created with annexation of this property. Staff finds that
the creation of this island would be problematic in this area and would not
meet the policy of one of the annexation guiding policies 11.6(a). We do
find that annexation and future development of this property would result
in an increased amount on water and sewer services, however, these areas
are already currently served by water and sewer and there would be no
extensions required to serve this development. The annexation does
consist of 24.35 acres. Staff recommends at this time the inclusion of the
adjacent three acre tract to the east of the property and potentially the
adjacent tract to the west along Hughmount Road. Staff finds that this will
create a better city boundary. For the reasons mentioned, staff is
recommending denial of this annexation request as it would result in an
island of unincorporated property and based on the findings within the
staff report. The applicant has also submitted a request to rezone the
property to RSF-4 at this time. With regard to this, if the approval of the
Planning Commission
May 23, 2005
Page 55
preceding annexation is granted property will be zoned R -A and they are
requesting this rezoning, if the annexation is not granted, this rezoning
may not be voted upon. However, with regard to the density that is
requested, it would allow for four units per acre and the applicant is
proposing a subdivision with O single family lots. Staff finds that the
density requested is compatible with adjacent developments in the area
and finds that Fire and Police are currently servicing this well developed
area just adjacent to this property and that there are the arterial and
collector streets which access this property will allow for adequate city
services to the property. Therefore, should the annexation be forwarded
with a recommendation for approval staff does recommend approval of the
requested rezoning.\
Ostner: Thank you. Will the applicant step forward and give us your presentation
please?
Clark: I'm Steve Clark, Clark Consulting, representing Dixie Development. I
think the only issue at hand on this one is the creation of an island. The
history on the project was my client found the piece of property. They did
ask me to do a feasibility. We did a layout and determined that we could
develop the property and make it work. Most of the work that I had been
doing at that point in time had been working in Springdale and
Bentonville. I honestly was not aware of the fact that you guys had the
policy about not creating islands when you annex property. Had we
known that, we probably would've looked at it a little differently. Based
on the numbers and the land and the location and the contiguity with city
property we assumed we could get it annexed and developed and brought
into the city. I was sitting in a Planning Commission meeting several
months ago and the discussion was out at Stonebridge Meadows and you
brought up the issue of creating an island and I said "Uh oh, we have a
problem." I went back and we have talked to the owner of the three acre
property. We asked her if she was interested in selling. We made her a
much more than fair offer, a very generous offer. We spent 60 plus days
trying to negotiate with her, trying to contact her, trying to acquire her
land to no avail. We tried to get her to agree to annexation and she hasn't
said that she was not willing to do but she is very difficult to get a hold of
and difficult to make a decision. The long and short of it is we have a
piece of property that we would like to develop. The only hold up that I'm
aware of is the issue of creating a small island. I would hate to see a three
acre island cause us to stop this project. If we are not allowed to annex we
would have to look at other options, which would be either a step type
system or going to slightly larger lots and going to a septic system. We
don't want to do that. I don't like step systems, I don't like septic systems
but sometimes that is the only alternative. We would appreciate your
comments and recommendation for this one.
Planning Commission
May 23, 2005
Page 56
Ostner: At this point I am going to open it up to the public for comment. If
anyone would like to speak to this issue please come forward. We have
no public so 1 am going to close the public comment session and bring it
back to the Commission for comments.
Anthes: I believe I agree with the applicant when he says that the island is the issue
in this case. As we all know, the City Council made a policy that we
follow. The policy is very clear that we can't create 5n island however,
City Council can. No matter how we vote on this issue the City Council is
going to see this item and therefore, I will move to deny ANX 05-1490
based on policy knowing that you can now go forward.
Clark: Second.
Ostner: Is there any further discussion?
Trumbo: To me this property, if you look at the map on page 11.19 it lies right
between several water ways here. When I look at this 1 have to say to
myself is it worth letting this property develop right now with a septic
system over three acres of an island? 1 understand that we have a policy
of not creating islands. I am not going to vote for your motion because the
City Council should know that the development pressure is there and they
need to move forward on this taskforce that has already been mentioned
tonight. I would rather have an island than 150 septic tanks personally so
that is why 1 am going to vote against this motion.
Graves: We know that there is a great deal of developmental pressure out here.
Things have been building out rather quickly out here. North on Salem
Road we recently had some county developments out there on septic and
we have also recently approved Cherry Hills subdivision on septic, which
is right near this area. When we have the opportunity to bring something
into the city which is contiguous to other city property like this that I think
is an environmentally sensitive area near these creeks, I don't believe it is
that you weigh one particular factor to consider in the annexation
guidelines heavier than you do the others. There are a number of reasons
to annex this and there is one reason to not annex it. It seems like this
island factor really seems to be the prominent factor that gets looked at all
the time to the exclusion of others and for that reason, I'm against the
motion as well.
Vaught: To me this is a little different than the last one dealing with the island
issue. Do you feel like with some more time you could possibly talk with
the neighbor about joining your annexation?
Clark: We have been talking with her for about five months, 1 don't think two
weeks is going to make a difference.
Planning Commission
May 23, 2005
Page 57
r
Vaught: I was going to extend you the same courtesy we gave the other applicants.
Would you want to table this and possibly, I think if you bad her it would
be a pretty easy call. Without her it makes it a difficult question.
Clark: I am tom. I really am. If I thought in two weeks it would make a
difference or get her on board I would say let's table.it in two weeks.
However, with the time frame that it takes to do the arMexatiorr,-even if
she agreed, we would be 90 plus days away. We would certainly like to
have your support and we think it is appropriate to overlook the island. 1
don't know if you guys have the authority to overlook the island and base
your vote on a recommendation over this island issue.
Vaught: Jeremy, if this is denied if they talk to that adjoining property owner and
get them to join their annexation request is that substantially different
where they could reapply?
Pate: Again, it goes back to the applicant does have the opportunity to appeal to
the City Council. The vote here tonight is either a recommendation to
table which then would provide more time to get back to this committee to
then recommend forwarding to the City Council or deny which then the
applicant could appeal with this particular request. A new application
could come in at a date in the future.
Vaught: That would be substantially different enough adding one property?
Pate: I would believe so because it would be a different legal description, a
different property, a different parcel. We could look at that. The City
Council makes that decision so if they deny that is really what would kick
in that year requirement. You are just making a recommendation.
Vaught: Correct. I'm saying if City Councildeniedit over this island issue as well
if they were able to get that property owner to join them would that be
substantially different enough?
Pate: I think so because honestly, that is the hang up issue for staff to
recommend. We contact Ms. Jones, one of the applicant's representative
as well, many months ago and sat down and had a conversation with her
about this very request and told her that we would not be able to support
this request at this time because of the island policy. This is where we are
now. Like Mr. Clark mentioned, we didn't see any progress in that.
Vaught: I have one more question for the City Attorney on the guiding policies. I
guess they are just policies and one of those would be islands. I know you
were probably more involved in writing those guiding policies than any of
us were.
Planning Commission
May 23, 2005
Page 58
Williams: The annexation policy is just part of the 2020 Plan that was adopted two or
three years ago. Actually, 1 think it came out of the Planning Department.
It simply is one thing to consider. You are not bound to follow any one of
those items that are considerations for the annexation. You look at that as
a guide and then you make a decision on a case by case basis on what you
think is best. Do you want this land in Fayetteville or*not. That is your
basic question. You have some guiding principals to look at including
response time and everything else including whether or not it is a
peninsula or an island. Those are all part of your decision but none of
them makes your decision. Your recommendation to the City Council is
do you want this land within the City of Fayetteville. Do you think it is in
the best interest of the City of Fayetteville to have this land within the city
limits or not.
Vaught: With that, I think I am going to have to agree with Commissioners Graves
and Trumbo on this item.
Allen: I think that Commissioner Graves makes some good points about reasons
why this land should be annexed. However, in lieu of guidance from the
City Council, which I am looking for, I am going to go with the guidance
of our staff and will vote to deny.
Ostner: As I understand it, this issue of islands is not just a detail. The City
Council went through a great deal of effort last summer to forcibly annex
islands that had been overlooked or left out or whatever. As I understand
it, there could be big problems if a piece of land is annexed with a piece of
land in the county adjacent to it. Do we not have future trouble requiring
sewer and water and requiring a lot of things through land that is not in the
city?
Pate: There are always those issues with services. This is a relatively smaller
tract than some of the other ones that we. have seen. Improvements
adjacent to this property, dedication of right of way, for instance, sewer
connection, this will remain on septic until it is within the city limits for
this particular piece of property even though sewer would be readily
available_ nose are the kinds of issues that we look at. Mt. Comfort with
the development of this property would be improved except for this
section, which leaves a gap. It does create situations which are
problematic. I believe that was one of the purposes of that guiding
principle was to help alleviate some of those issues.
Ostner: Part of what we refer to regularly
is basically an orderly system of growth
outward not let's just
do it so
they won't put
in septic. There are
developments all over
that could put in septic
tomorrow but they are
waiting. You know
why they
are waiting?
It is because there is
Planning Commission
May 23, 2005
Page 59
tremendous value if they can get annexed, if they can sell police, water,
sewer trash and all of those things with that house. There are going to be
Cherry Hills and they are going to say we are going to do it anyway but
those are few and far between in the big picture. The reason these came to
us is because there is a great thing going on, one of the best things,
Fayetteville. We shouldn't give it away. I'm not saying that this
shouldn't be annexed ever, I'm not saying that this shouldn't be annexed
tonight. Without Ms. So and so's piece of property I A against'it. I am
not against it per say, I'm just against it the way it is happening tonight I
don't think is good for the betterment of the city.
Clark: You were talking about services and utilities, water is across her property.
Ostner: Not just infrastructure though. Police are not allowed to drive outside of
the city limits, etc.
Clark: There are some issues with police services, although I don't think they can
be prohibited from driving across the county. They just can't provide
police services in the county. Sewer would be to the west along Sunshine
Drive so sewer wouldn't be an issue. We would extend sewer and propose
to construct sewer so that she would have sewer accessible so that would
be a motivation factor for her to annex into the city and eliminate this
island after the fact. We are prepared to do many things to try to make
this happen.
Clark: This land should come into the city, I wish Cherry Hills would have come
into the city. However, 1 am going to follow staff's recommendation
because I do believe not creating islands is a good guiding principal.
Having said that, I also think the annexation taskforce report that
Commissioner Graves mentioned has been done for nine months and we
still have not seen it. Please, we need action on it because of situations
like tonight. If the City Council would give us some definitive guidelines
then we would know better how to make our votes with confidence I
don't have that confidence tonight so I am going to error on the side of
caution knowing that you are going to appeal to City Council in two
weeks, they are going to make the policy decision whether or not to create
an island. I have begged the City Council I am also asking for that report
to get a hearing. We haven't even discussed it, the .Council hasn't
discussed it. It needs to see the light of day and we need to have dialogue
about it to get hopeful guidelines in place. I am going to respectively vote
to deny knowing that the City Council can and possibly should override it
but that is their policy to make.
Ostner: 1 also just want to point out that 1 don't think that we are doing our job any
less because we don't have more direction on annexation or these guiding
principals or whatever. Council is stuck with the same set of principals as
Planning Commission
May 23, 2005
Page 60
we are. They do have the ability to change those whereas we don't.
Otherwise, they do count on us for our opinion. The opinion of what we
have in front of us tonight so I would encourage you to go ahead and see
this for what it is. As Mr. Williams pointed out, we do have total
discretion. The island issue does not have to control your no vote, it could
control your no vote because we do have the ability to make that decision
tonight. We have a motion to deny and we have a second. Is there further
discussion? Will you all the roll please? �a
Roll Call: Upon the completion of roll call the motion to deny ANX 05-1490 was
approved by a vote of 5-0-4 with Commissioners Vaught, Graves, Trumbo
and Lack voting no.
Thomas: The motion carries.
Williams: 1 would recommend tat you go ahead and consider the rezoning petition.
Although, the City Council will not consider a rezoning without approving
the annexation but 1 do think that it would be unfair for the applicant to
not have any action taken tonight, I do recommend even though it would
be contingent upon the City Council reversing your recommendation I still
think you ought to go forward and give the recommendation to City
Council with the assumption that it will be annexed.
Ostner: The next item is RZN 05-1491 for Dixie Development, the same piece of
property we were discussing previously. Staff, you wrote a
recommendation of approval of this rezoning based on compatibility with
this and adjoining properties but I am looking at the land use map on page
two and note that north of this property is residential development on large
lots in the Planning Area south of this is large lot residential development
in the planning area and west of this project is large lot residential
development in the planning area. East of this property is RSF-4. I guess
I would like you to talk about why when this is bounded on three sides by
large lot subdivisions you are saying that rSF-4 is a compatible transition.
Pate: A few things have changed. In the very recent future Cherry Hills, which
is a 10,000 sq.ft. lot subdivision almost 200 lots have been approved
directly northwest of this property. Of course, Wildflower Meadows is to
the east. Property from this property all the way east to Rupple Road is
developing residential. One of the largest subdivisions in Fayetteville,
Bridgeport subdivision and subsequently Fairfield Subdivision, one
property removed to the south is developed at single family. That is zoned
RSF-4, it is not developed at that density, it is somewhere around 2.6 or
2.8 units per acre. In that regard, staff found that it was compatible with
the properties being developed in that district. The property directly
south I believe was actually requested to be annexed several years ago. It
was already developed. It was not brought forward in its entirety because
Planning Commission
May 23, 2005
Page 61
of issues with the development and services provided. The applicant at
the time was not proposing to bring those services up to city standards and
so it was not brought into the city. There are a number of properties that
would not be allowed in RSF-4 districts. There is a very large nursery
operation in this area. That is going back to the annexation policies and
creating islands that is obviously one of the concerns with not having land
use controls because that could become a storage unit or other industrial
property As of right now we felt generally in the area that properties were
developing in a manner that was compatible with the RSF-4 district.
While there are existing large lots, we feel that the trend in this area, even
in the county, is to develop with that type of density.
Clark: Mr. Clark, does your developer intend to develop at four units per acre?
Clark, S.: No, we are intending to put lots in that are 85' wide and 130' in depth and
so it works out to about to about 2.6 to 2.8. 1 believe there is a schematic
in the packet of a proposed design.
Morgan: The letter from the applicant stated 63 lots and on this 24.35 acres it is
2.58 units per acre.
Clark: I asked that question because certainly if I would've had the opportunity to
vote against the Cherry Hills Subdivision 1 would have because it wasn't
in the city because of density. We certainly looked at a lot of other things.
I think RSF-4 to develop at that density would be still very high for this
there is no transitional housing in this area and I am much more likely to
support what you are talking about.
Clark,S: We don't want to put small lots, very narrow lots, small lots, anything that
would develop at a true four units per acre isn't the size of lots that we are
looking at.
MOTION:
Myres: 1 would like to make a motion that we approve RZN 05-1491 contingent
upon City Council annexing.
Ostner: We have a motion to forward, is there a second?
Trumbo: Second.
Ostner: is there further comment? Could you call the roll please?
Roll Call: Upon
the completion of
roll call
the
motion to recommend approval of
RZN
05-1491 to the City
Council
was
approved by a vote of 9-0-0.
I
11
Planning Commission
May 23, 2005
• Page 62
Thomas: The motion carries.
Announcements
Meeting adjourned 8:58 p.m.
0
PMENT
REAL ESTATE • COMMERCIAL PROPERTY • CORPORATE OFFICE SPACE
3715 N. Business Drive, Suite 201
Fayetteville, AR 72703
July 18,2005
Dixie Management & Investment, LP agrees to pay for all costs associated with the annexation process of Geneva Carlton's property
located at 4450 W. Mt. Comfort Rd. Fayetteville, AR. -
The costs include the following:
Application fees
Filing fees
Costs of advertising -
Any costs associated with attending meetings by our consultant
In addition to the fees associated with annexation we also agree to extend public sewer to the property line of Mis. Carlum's property
at no cost.
The only effort that will be required from Mrs. Carlton is her signature on the applications to,Wasl ington County and the City of
Fayetteville. R
Ben Israel - - -
Chairman of the Board
Dixie Development & 1Management, LP -
Comity of VV ashl
State of Arkansas
Acknowledged before me, this
ion/fi� swv
—f�
My commission expires: / U J7 C , 20 0'u .
f
Geneva Carton
4450 W. MC Comfort Rd.
Fayetteville, AR
County, of W /
State,bf Arkansas
Acknowledged before me,
'20 05'
My commission expires: w, a
Phone 479.251.0707
Toll Free 877.872.0707
Fax 479.251.0714
i
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF THE PETITION OF CERTAIN
PROPERTY TO THE CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS
NO.
PETITION TO ANNEX TERRITORY TO
THE CITY OF FAYETTEVILLE. WASHINGTON COUNTY ARKANSAS
Come now the petitioners (the "Petitioners"), Geneva M.Carlton, trustee of the Geneva
M. Carlton Trust, to annex certain property into the City of Fayetteville, Washington County,
Arkansas, pursuant to A.C.A. Section 14-40-601, et. Seq. States as follows:
1. That the petitioner owns 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 contiguous with the city
of Fayetteville, Arkansas and is within the City of Fayetteville, School District.
2. That the Petitioner names Steve Clark as the person authorized to act on her
behalf.
3. That the Petitioner desires 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.
That the Petitioner herein desires that the Real Property become part of the City of
Fayetteville, Washington County, Arkansas, and the Petitioners state that they will
do any and all legal acts necessary to accomplish the objective set forth herein.
Page 1 of 2
THEREFORE, Petitioner respectfully prays that this court set a hearing, and after
notice of such hearing, that the County Judge sign an Order annexing the above 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 19 day of ,
2005.
Geneva M.Carlton, trustee of the
Geneva M. Carlton Trust
4450 Mt. Comfort Road
Fayetteville, AR 72704
State of Arkansas )
) ss.
County of Washington )
SUBSCRIBED AND SWORN TO before me, a notary Public, this
tl q day of
Page 2 of 2
0
Exhibit A
Part of the Fractional Northwest one -quarter (NW '/4) of Section One (1) in Township Sixteen
(16) North of Range Thirty-one (3 1) West, described as beginning at a point North 28.45 feet and
East 593.7 feet of and from the Southwest comer of the Northeast one -quarter (NE '/4) of said
fractional one -quarter (NW '/4), run the East 208.71 feet, then North 57' East 626.13 feet, then
West 208.71 feet, then South 57' West 626.13 feet to the point of beginning, containing 3 acres,
more or less; subject to that portion lying in Washington County Road #84 on the South side,
and also being subject to any easements, rights of ways, covenants and restrictions of record.
EXHIBIT "All
0
Section 31
T-1 7-N
R -30-W
1
,Y --16-N
R -31-W
VICINITY MAP
LEGEND
®
Area Petitioning to be Annexed
®
Area within Fayetteville City Limits
®
Other Property being Annexed
0
Area in Rural Washington County
Owner:
Geneva M. Carlton Trustee of the Geneva M. Carlton Trust
4450 mt. Comfont Road
Fayetteville, Ar 72703
Annexation Boundary:
Part of the Fractlonal Northwest one -quarter (NW Y.) of Section One (1) in Township Sixteen (16) North of Range Thirty-one (31)
West, described as beginning at a point North 28.45 feet and East 593.7 feet of and from the Southwest comer of the Northeast
one -quarter (NE'/.) of said fractional one -quarter (NW X), run the East 208.71 feet, then North 57' East 626.13 feet, then West
208.71 feet, then South 57' West 626.13 feet to the point of beginning, containing 3 acres, more or less; subject to that portion
lying in Washington County Road #84 on the South side.
lark SCALE: V=150' DATE REVISED: CHECKED BY: DRAWN BY:
■` onsulting DATE: 07/11/05 JSC Konold
CIVIL/ENVIRONMENTAL ENGINEERING Petition for Annexation 1
3715 Business Drive, Suite 202 Fayetteville, AR 72703 (479)•144.8171 Geneva M. Carlton Trust 1
�i ll i e " 7'7"""� •
PlQnntrt�
PMENT
REAL ESTATE • COMMERCIAL PROPERTY • CORPORATE OFFICE SPACE
3715 N. Business Drive, Suite 201 July 18,2W5
Fayetteville, AR 72703
Dixie Management & hrvestmem, LP agrees to pay for all costs associated with the annexation process of Geneva Carton's property
located at 4450 W. Mt. Comfort Rd. Fayetteville, AR.
The costs include the following:
Application fees
Fling fees
Costs of advertising ...
Any costs associated with attending meetings by our consultant
In addition to the fees associated with annexation we also agree to extend public sewer to,the property line of Mrs. Canton's property
at no cost.
The only effort that will be required from Mrs. Carlton is her signatum on the applications to Washington Comity and the; City of
Fayetteville. "': _
I
Ben Israel
Chairman of the Board
Dixie Development & Management, LP
Countyof
State of Arkansas
,fi'ti§pt"
Acknowledged before me, this _J Qday of
,20 ^•
My p one r
M commission expires: , 20 0 i(_
Geneva Canton
4450 W. Mt. Comfort Rd.
Fayetteville, AR
County, of_s
State,bf Aikaosas
Acknowledged before me, this-.( daytof,� ;
20
1 r
,
My corn nissiori expires:
a
Phone 479.251.0707
Toll Free 877.872.0707
Fax 479.251.0714
� y ,
i
17N-
I public sc
51j etPw tv , .�.
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IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF THE PETITION OF CERTAIN
PROPERTY TO THE CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS
NO.
PETITION TO ANNEX TERRITORY TO
THE CITY OF FAYETTEVILLE. WASHINGTON COUNTY, ARKANSAS
Come now the petitioners (the "Petitioners"), Geneva M.Carlton, trustee of the Geneva
M. Carlton Trust, to annex certain property into the City of Fayetteville, Washington County,
Arkansas, pursuant to A.C.A. Section 14-40-601, et. Seq. States as follows:
That the petitioner owns 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 contiguous with the city
of Fayetteville, Arkansas and is within the City of Fayetteville, School District.
2. That the Petitioner names Steve Clark as the person authorized to act on her
behalf.
That the Petitioner desires 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.
5. That the Petitioner herein desires that the Real Property become part of the City of
Fayetteville, Washington County, Arkansas, and the Petitioners state that they will
do any and all legal acts necessary to accomplish the objective set forth herein.
Page 1 of 2
I
THEREFORE, Petitioner respectfully prays that this court set a hearing, and after
notice of such hearing, that the County Judge sign an Order annexing the above 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 / 9 day of Ty I y 2005.
Geneva M. Carlton, trustee of the
Geneva M. Carlton Trust
4450 Mt. Comfort Road
Fayetteville, AR 72704
State of Arkansas )
ss.
County of Washington )
SUBSCRIBED AND SWORN TO before me, a notary Public, this
day of
Page 2 of 2
Exhibit A
Part of the Fractional Northwest one -quarter (NW '/4) of Section One (1) in Township Sixteen
(16) North of Range Thirty-one (3 1) West, described as beginning at a point North 28.45 feet and
East 593.7 feet of and from the Southwest corner of the Northeast one -quarter (NE '/4) of said
fractional one -quarter (NW '/4), run the East 208.71 feet, then North 57' East 626.13 feet, then
West 208.71 feet, then South 57' West 626.13 feet to the point of beginning, containing 3 acres,
more or less; subject to that portion lying in Washington County Road #84 on the South side,
and also being subject to any easements, rights of ways, covenants and restrictions of record.
•
EXHIBIT "All
Section 31
T -17-N
R -30-W
1
=16-N
-31-W
VICINITY MAP
LEGEND
® Area Petitioning to be Annexed
® Area within Fayetteville City Limits
® Other Property being Annexed
Area in Rural Washington County
Owner:
Geneva M. Carton Trustee of the Geneva M. Carlton Trust
4450 rut. Comfont Road
Fayetteville, Ar 72703
Annexation Boundary:
Part of the Fractional Northwest one -quarter (NW '/.) of Section One (1) in Township Sixteen (16) North of Range Thirty-one (31)
West, described as beginning at a point North 28.45 feet and East 593.7 feet of and from the Southwest comer of the Northeast
one -quarter (NE Y.) of said fractional one -quarter (NW Y,), run the East 208.71 feet, then North 57' East 626.13 feet, then West
208.71 feet, then South 57' West 626.13 feet to the point of beginning, containing 3 acres, more or less; subject to that portion
lying in Washington County Road #84 on the South side.
lark SCALE: 1°=150' DATE REVISED: CHECKED BY: DRAWN BY:
onsulting DATE: 07/11/05 1 JSC Konold
CIVIL/ENVIRONMENTAL ENGINEERING Petition for Annexation 1
3715 Business Drive, Suite202 Fayetteville,AR72703 (479)444-a171 Geneva M. Carlton Trust 1
.1
FILED
2.005 friRR 23 Ail c 27
nn \ n
rTn..•
IN THE COUNTY COURT OF WASHINGTON COUNTY
IN THE MATTER OF:
ANNEXATION OF CERTAIN LANDS TO THE
CITY OF FAYETTEVILLE, ARKANSAS
NO: CC 2005-3
ORDER OF ANNEXATION
Now on this 14th day of March, 2005, this cause comes on to be heard, the Petitioners,
Dr. Ben Israel, as General Partner of Dixie Management and Investments LP, an Arkansas
Limited Partnership, who is represented by the engineer of record, Steve Clark, 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:
The Petition in this cause was filed on the 7th day of February, 2005 at which
time this Court fixed the 14'' day of March, 2005, at 10:00 am as the date and
time of hearing for said cause, and that a full notice of this hearing was given as
required by law and the proof of publication of said notice is now on file with the
County Clerk of this Court and the Court has jurisdiction of this cause.
2. The Court is satisfied that the allegations of the Petition are sustained by the
proof, that the limits of the territory to be annexed have been properly filed; that
the property 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,
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 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
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 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 day of Zdduvr^l , 2005
%
The onorable Jerry Hunton
Washington County Judge
Exhibit A
Part of the Fractional Northwest Quarter (FRL NW 1/4) of Section 1, Township 16 North, Range
31 West, and part of the South Half (S 1/2) of Section 31, Township 17 North, Range 30 West,
of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described
as follows:
Commencing at a found iron bolt, said bolt accepted and used as the Southwest corner of the
Southeast Quarter (SE 1/4) of the Fractional Northwest Quarter (FRL NW 1/4) of said Section 1,
Township 16 North, Range 31 West thence North 01 degrees 53 minutes 58 seconds East a
distance of 28.33 feet to a found 1/2 inch diameter iron pin and the POINT OF BEGINNING ;
thence North 84 degrees 40 minutes 38 seconds West a distance of 19.29 feet to a found 1/2 inch
diameter iron pin; thence North 76 degrees 20 minutes 32 seconds West a distance of 63.43 feet
to a found 1/2 inch diameter iron pin; thence North 64 degrees 58 minutes 43 seconds West a
distance of 61.18 feet to a found 1/2 inch diameter iron pin; thence North 47 degrees 49 minutes
33 seconds West a distance of 69.50 feet to a found 1/2 inch diameter iron pin; thence North 35
degrees 00 minutes 05 seconds West a distance of 67.78 feet to a found 1/2 inch diameter iron
pin; thence North 15 degrees 54 minutes 21 seconds West a distance of 70.73 feet to a found 1/2
inch diameter iron pin; thence North 00 degrees 20 minutes 48 seconds East a distance of 563.56
feet to a set cotton picker spindle; thence South 85 degrees 36 minutes 33 seconds East a distance
of 23.81 feet to a set 5/8 inch diameter iron pin; thence North 40 degrees 05 minutes 48 seconds
East a distance of 15.55 feet to a found 1/2 inch diameter iron pin; thence North 79 degrees 34
minutes 49 seconds East a distance of 437.56 feet to a found 1/2 inch diameter iron pin; thence
North 03 degrees 47 minutes 41 seconds East a distance of 354.75 feet to a found 1/2 inch
diameter iron pin; thence North 71 degrees 56 minutes 02 seconds East a distance of 112.10 feet
to a found 1/2 inch diameter iron pin; thence North 71 degrees 55 minutes 52 seconds East a
distance of 556.38 feet to a found 1/2 inch diameter iron pin and the northwest comer of
Wildflower Meadows Subdivision; thence along the west line of said Wildflower Meadows
Subdivision South 03 degrees 06 minutes 36 seconds West a distance of 832.24 feet to a found
1/2 inch diameter iron pin; thence leaving said west line North 87 degrees 56 minutes 15 seconds
West a distance of 208.26 feet to a found 1/2 inch diameter iron pin; thence South.03 degrees 03
minutes 18 seconds West a distance of 626.12 feet to a found 1/2 inch diameter iron pin; thence
North 87 degrees 51 minutes 31 seconds West a distance of 310.40 feet to a found 1/2 inch
diameter iron pin ; thence North 87 degrees 55 minutes 51 seconds West a distance of 283.81
feet to the POINT OF BEGINNING , containing 24.35 acres, more or less, and being subject to
the right of way of Mount Comfort Road along the south and west sides and Washington County
Road # 703 along the west side thereof. And also being subject to any easements, rights of ways,
covenants and restrictions of record.
EXHIBIT rrA"
VICINITY MAP
knnexatton Boundary.
'art of the Fractional Northwest Quarter (FRL NW 1/4) of Section 1, Towrship 16 North, Range 31 West, and part of the South
calf IS 111) of Section 31, Township 17 North, Range 30 West, of the Fifth Principal Meridian, Washington County, Arkansas,
*Ing more particularly described as follows:Commencing at a found Iron bolt, said bolt accepted and used as the Southwest
;orner of the Southeast Quarter (SE 114) of the Fractional Northwest Quarter (FRL NW 1/4) of said Section 1, Township 16
4orth, Range 31 West thence North 01 degrees 53 minutes 58 seconds East a distance of 28.33 feet to a found 112 inch
Hamster iron pin and the POINT OF BEGINNING ;thence North 84 degrees 40 minutes 38 seconds West a distance of 19.29
eet to a found 1/2 inch diameter Iran pin; thence North 76 degrees 20 minutes 32 seconds West a distance of 63.43 feet to a
ound 112 Inch diameter Iron pin; thence North 64 degrees 58 minutes 43 seconds West a distance of 61.18 feet to a found 1/2
nch diameter Iron pin; thence North 47 degrees 49 minutes 33 seconds West a distance of 69.50 feet to a found 111 inch
liameter iron pin; thence Nod 35 degrees 00 minutes 05 seconds West a distance of 67.78 feet to a found 1/2 inch diameter
ron pin; thence North 15 degrees 54 minutes 21 seconds West a distance of 70.73 feet to a found 1/2 inch diameter Iran pin;
hence North 00 degrees 20 minutes 48 seconds East a distance of 563.56 feet to a set cotton picker spindle; thence South 85
legrees 36 minutes 33 seconds East a distance o/ 23.81 feet to to a set 5/8 inch diameter iron pin; thence North 40 degrees 05
ninutes 48 seconds East a distance of 15.55 feet to a found 1/2 inch diameter iron pin; thence North 79 degrees 34 minutes 49
seconds East a distance of 437.56 feel to a found 1/2 inch diameter iron pin; thence North 03 degrees 47 minutes 41 seconds
:ast a distance of 354.75 feet to a found 1/2 inch diameter iron pin; thence North 71 degrees 56 minutes 02 seconds East a
listance of 112.10 feet to a found 1/2 inch diameter iron pin; thence North 71 degrees 55 minutes 52 seconds East a distance of
56.38 feet to a found 112 inch diameter iron pin and the northwest comer of Wildflower Meadows Subdivision; thence a" the
rest line of said Wildflower Meadows Subdivision South 03 degrees 06 minutes 36 seconds West a distance of 832.24 feet to a
ound 1/2 inch diameter iron pin; thence leaving said west line North 87 degrees 56 minutes 15 seconds West a distance of
:08.26 feet to a found 1/2 Inch diameter imn pin; thence South 03 degrees 03 minutes 18 seconds West a distance of 626.12
set to a found 112 Inch diameter iron pin; thence North 87 degrees 51 minutes 31 seconds West a distance of 310.40 feet to a-
ound 1/2 inch diameter imn pin ; thence North 87 degrees 55 minutes 51 seconds West a distance of 283.81 feet to the POINT
)F BEGINNING , containing 24.35 acres, more or) less, and being subject to the night of way of Mount Comfort Road along the
outh and west sides and Washington County Road # 703 along the west side thereof. And also being subject to any easements,
ghts of ways, covenants and restrictions of record.
lark
onsulting
CIVIL / ENVIRONMENTAL ENGINEERING
SCALE: 1'=15P
DATE 02/03/05
DATE REVISED:
Petition for Annexation
LEGEND
® Area Petitioning to be Annexed
Area within Fayetteville City Limits
Area in Rural Washington County
Owners:
Dixie Managment and Investments. LP
3715 N. Business Drive, Ste. 201
Fayetteville, Ar 72703
CHECKED BY:
JSC
DRAWN BY:
Konold
3715 Business Drive, Suite 202 Fayetteville, AR 72703 (479)4448171
From: Clarice Pearman
To: Pate, Jeremy
Date: 8/8/05 12:38PM
Subject: O rd s. 4732-4740
Jeremy,
Attached are copies of the ordinances passed by City Council August 2, 2005 as mentioned above.
CC: Goddard, John; Jorgensen, Todd; Randall, Clyde
i • i i. i i� i i iii
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 reference to the files of said publication, that advertisement of:
_ was inserted in the regular editions on
�OS
PO#
* Publication Charge: $ ;k -1/e
Subscribed and sworn to before me this
day of 0 c 2005.
1
rlene D. Williams
Notary Public Notary Public
State of Arkansas
My Commission Expires: My Commission Expires
()(;tub r 19, 2014
** Please do not pay from Affidavit.
An invoice will be sent.
RECEIVED
AUG 19 2005
CITY OF r„ YETTEVILLE
CITY CLERK'S OFFICE
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE. ARKANSAS 72701 • 479-571-6470 .
ORDINANCE NO. ♦79Y l
AN ORDINANCE ANNEXING THAT PROPERTY ��� e
DESCRIBED IN ANX 05-1490 FOR APPROXIMATELY 1
24.35 ACRES LOCATED AT THE NORTHEAST COR-
NER OF MOUNT COMFORT AND HUGHMOUNT
ROADS AND ZONING SUCH PROPERTY R -A, RES=;-' ARKANSAS
DENTNL AGRICULTURE
BE R ORDAINED BY THE. CRY COUNCIL OF THE CRY OF FAYETTEVILLE, ARKANSAS:
Section 1: That Me property ddW in Exhibit A attached m hereto is annexed Into the Cry♦
esof
Fayettedle.
u
Section 2: That the map of the City of Fayetteville is hereby amerdea by pricing the property described
in Exhibit A to the City, of Fayetteville.
Section 3: That the Official Zoning Map of the City of Fayettevffie a hereby amended to zone the prop-
erty described in Exhibit A As R -A, Residenhal Agricultural.
Section 4: That the property described in EKNiblt A is hereby assgned to Ward No. 4.
end APPROVED this 5th day of July. 2005.
SONDM M"V CNY CIO* -
E) HIBfT At
t. AM(051490.°
PART OF THE FRACTIONAL NORTHWEST QUARTER (FRL NW 1/4) OF SECTION 1, TOWNSHIP 16
NORTH, RANGE 31 WEST, AND PART OF THE SOUTH HALF IS 1/2) OF SECTION 31, TOWNSHIP 17
NORTH; RANGE 30.WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY,
ARKANSAS; BEING MORE PARTICULARLY DESCRIBED'AS FOLLOWS:
COMMENCING AT A FOUND IRON BOLT, SAID BOLT ACCEPTED AND USED AS THE SOUTHWEST
CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF THE FRACTIONAL NORTHWEST QUARTER
(FR M 1/4) OF SAID SECTION J, TOWNSHIP 16 NORTH, RANGE 31,WEST THENCE NORTH 01
DEGREES 53 MINUTES 58 SECONDS EAST A DISTANCE OF 28:33 FEET TO A FOUND 12 INCH
DIAMETER IRON PIN AND TIE POINT OF BEGINNING; THENCE NORTH 84 DEGREES 40MINUTES
38 SECONDS WEST A DISTANCE OF 19.29 FEET TO A. FOUND 12 INCH DIAMETER IRON PIN;
THENCE NORTH 76 DEGREES 20 MINUTES 32 SECONDS WEST A DISTANCE OF 63.43 FEET TO
FOUND 12 INCH DIAMETER IRON PIN; THENCE NORTH 64 DEGREES 58 MINUTES 43 SECONDS
WEST A DISTANCE OF 61.18 FEET TO A FOUND 12 INCH DIAMETER IRON PIN; THENCE NORTH
47 DEGREES 49 MINUTES 33 SECONDS WEST A DISTANCE OF 69.50 FEET TO A FOUND 12 INCH
DIAMETER IRON PIN; THENCE NORTH 35 DEGREES 06 MINUTES 05 SECONDS WEST A DISTANCE
OF 67.78 FEET TO A FOUND 1/2 INCH DIAMETER IRON PIN; THENCE NORTH 15 DEGREES 54 MIN-
UTES 21 SECONDS WEST A DISTANCE OF 70.73 FEET TO A FOUND 1/2 INCH DIAMETER IRON PIN;
THENCE NORTH 00 DEGREES 20 MINUTES 48 SECONDS EAST A DISTANCE OF 563.56 FEET TO A
SET COTTON PICKER SPINDLE; THENCE SOUTH 85 DEGREES 36 MINUTES 33 SECONDS EAST A
OF 15.55 FEET TO A FOUND 12 INCH
PIN; THENCE
DEGREES 56 MINUTES M SECONDS EAST A DISTANCE OF 112.10 FEET TO A FOUN
) AMETER IRON PIN; THENCE NORTH 71 DEGREES 55 MINUTES 52 SECONDS EAST
OF 556.38 FEET TO A FOUND 12 INCH DIAMETER IRON PIN AND THE NORTHWEE
)F WILDFLOWER MEADOWS SUBDMSION; THENCE ALONG THE WEST UNE OF SAI
lER MEADOWS SUBDIVISION SOUTH 03 DEGREES 06 MINUTES 36 SECONDS WEST
OF 832.24 FEET TO A FOUND 12 INCH. DIAMETER IRON PIN; THENCE LEAVING SAI
NORTH 87 DEGREES 56 MINUTES 15 SECONDS WEST A DISTANCE OF 208.26 FEET
2 INCH DIAMETER IRON PIN; THENCE SOUTH 03 DEGREES 03 MINUTES 18 BECOME
METER IRON PIN; THENCE NORTH 87 DEGREES 55 MINUTES 51 SECONDS WEST A DIST
283.81 FEET TO THE POINT OF BEGINNING, CONTAINING 24.35 ACRES, MORE OR LESS,
NG SUBJECT TO THE RIGHT OF WAY OF MOUNT COMFORT ROAD ALONG THE SOUTH
ST SIDES AND WASHINGTON COUNTY ROAD #703 ALONG THE WEST SIDE THEREOF.
i0 BEING SUBJECT TO ANY EASEMENTS, RIGHTS OF WAYS, COVENANTS AND RESTRICI
RECORD.
*WASHINGTON COUNTY 40
STATE OF ARKANSAS
y'a,j - Washington County Courthouse
'.1,�.�Eh 280 North College Avenue, Suite 300
Fayetteville, Arkansas 72701
Telephone: (479) 444-1711
KAREN COMBS PRITCHARD Fax: (479) 444-1894
COUNTY AND PROBATE CLERK
September 13, 2005
To: City Clerks Office
From: Jennifer Sharpshair
Deputy County Clerk
I have enclosed the finalization of 3 Fayetteville Annexations.
CC2005-3 - Fayetteville
CC2005-12- Fayetteville
CC2005-16 - Fayetteville
If you have any questions you can give me a call at 444-1713.
Thanks,
m*
RECEIVED
SEP 16 20,73
CITY
CLERK'S OFFICE
E
3715 N. Business Drive Suite 202
Fayetteville, AR 72703
Clark
V,onsulting
CIVIIJENVIRONMENTAL ENGINEERING
TRANSMITTAL LETTER
RECEIVED
APR 2 2 205
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
(479)444-8171
(479)251-0714 Fax
To: City Clerk of Fayetteville Project: Mt Comfort Rd. Annexation 11 Reference: Dixie Management & Investments, LP
We are sending you the following items:
XAttached ❑
❑ Fax ❑
Under Separate Cover
Copies Date No. Description
t 4pg Filed Order of Annexation
................. i ....................;. ..................
1 2pg Petition for Conformation of Annexation
.................J....................J.......... ......... ...4 .... ..... ....... ... ......................... ....................... ......... .......... .... .---- .... .------------ .--- ............
1 3 Oder Confirmin Annexation
These are transmitted:
❑ For Approval ❑ For Bids Due
❑ For Review & Comment ❑ As requested
/
�I For Your Use
Remarks: As required by law, we have enclosed a copy of our annexation proceedings. Please contact us with any
questions or comments.
Copy To:
FILED
?005 IRR 23 AM c 27
P:: it=id Gom,:;5 PRITGFi i4(
Pf 0lAfc CL"I
,STora co. ��tl
IN THE COUNTY COURT OF WASHINGTON COUNTY
1N THE MATTER OF:
ANNEXATION OF CERTAIN LANDS TO THE
CITY OF FAYETTEVILLE, ARKANSAS
NO: CC 2005-3
ORDER OF ANNEXATION
Now on this 14th day of March, 2005, this cause comes on to be heard, the Petitioners,
Dr. Ben Israel, as General Partner of Dixie Management and Investments LP, an Arkansas
Limited Partnership, who is represented by the engineer of record, Steve Clark, 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:
The Petition in this cause was filed on the 7th day of February, 2005 at which
time this Court fixed the 14`" day of March, 2005, at 10:00 am as the date and
time of hearing for said cause, and that a full notice of this hearing was given as
required by law and the proof of publication of said notice is now on file with the
County Clerk of this Court and the Court has jurisdiction of this cause.
2. The Court is satisfied that the allegations of the Petition are sustained by the
proof, that the limits of the territory to be annexed have been properly filed; that
the property 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,
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 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
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 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 day of 2005
P � d� �
The onorable Jerry Hunton
Washington County Judge
Exhibit A
Part of the Fractional Northwest Quarter (FRL NW 1/4) of Section 1, Township 16 North, Range
31 West, and part of the South Half (S 1/2) of Section 31, Township 17 North, Range 30 West,
of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described
as follows:
Commencing at a found iron bolt, said bolt accepted and used as the Southwest corner of the
Southeast Quarter (SE 1/4) of the Fractional Northwest Quarter (FRL NW 1/4) of said Section 1,
Township 16 North, Range 31 West thence North 01 degrees 53 minutes 58 seconds East a
distance of 28.33 feet to a found 1/2 inch diameter iron pin and the POINT OF BEGINNING ;
thence North 84 degrees 40 minutes 38 seconds West a distance of 19.29 feet to a found 1/2 inch
diameter iron pin; thence North 76 degrees 20 minutes 32 seconds West a distance of 63.43 feet
to a found 1/2 inch diameter iron pin; thence North 64 degrees 58 minutes 43 seconds West a
distance of 61.18 feet to a found 1/2 inch diameter iron pin; thence North 47 degrees 49 minutes
33 seconds West a distance of 69.50 feet to a found 1/2 inch diameter iron pin; thence North 35
degrees 00 minutes 05 seconds West a distance of 67.78 feet to a found 1/2 inch diameter iron
pin; thence North 15 degrees 54 minutes 21 seconds West a distance of 70.73 feet to a found 1/2
inch diameter iron pin; thence North 00 degrees 20 minutes 48 seconds East a distance of 563.56
feet to a set cotton picker spindle; thence South 85 degrees 36 minutes 33 seconds East a distance
of 23.81 feet to a set 5/8 inch diameter iron pin; thence North 40 degrees 05 minutes 48 seconds
East a distance of 15.55 feet to a found 1/2 inch diameter iron pin; thence North 79 degrees 34
minutes 49 seconds East a distance of 437.56 feet to a found 1/2 inch diameter iron pin; thence
North 03 degrees 47 minutes 41 seconds East a distance of 354.75 feet to a found 1/2 inch
diameter iron pin; thence North 71 degrees 56 minutes 02 seconds East a distance of 112.10 feet
to a found 1/2 inch diameter iron pin; thence North 71 degrees 55 minutes 52 seconds East a
distance of 556.38 feet to a found 1/2 inch diameter iron pin and the northwest corner of
Wildflower Meadows Subdivision; thence along the west line of said Wildflower Meadows
Subdivision South 03 degrees 06 minutes 36 seconds West a distance of 832.24 feet to a found
1/2 inch diameter iron pin; thence leaving said west line North 87 degrees 56 minutes 15 seconds
West a distance of 208.26 feet to a found 1/2 inch diameter iron pin; thence South 03 degrees 03
minutes 18 seconds West a distance of 626.12 feet to a found 1/2 inch diameter iron pin; thence
North 87 degrees 51 minutes 31 seconds West a distance of 310.40 feet to a found 1/2 inch
diameter iron pin ; thence North 87 degrees 55 minutes 51 seconds West a distance of 283.81
feet to the POINT OF BEGINNING, containing 24.35 acres, more or less, and being subject to
the right of way of Mount Comfort Road along the south and west sides and Washington County
Road # 703 along the west side thereof. And also being subject to any easements, rights of ways,
covenants and restrictions of record.
1
EXHIBIT "All
Section 31
T -17-N
R -30-W
=16-N
-31-W
VICINITY MAP
Annexation Boundary:
Part of the Fractional Northwest Quarter (FRL NW 1/4) of Section 1, Township 16 North, Range 31 West, and part of the South
Half IS 1/2) of Section 31, Township 17 North, Range 30 West, of the Fifth Principal Meridian, Washington County, Arkansas,
being more particularly described as follows:Commencing at a found Iron boll, said bolt accepted and used as the Southwest
corner of the Southeast Quarter (SE 1/4) of the Fractional Northwest Quarter (FRL NW 1/4) of mid Section 1, Township 16
North, Range 31 West thence North 01 degrees 53 minutes 58 seconds East a distance of 28.33 feel to a found 1/2 inch
diameter Iron pin and the POINT OF BEGINNING ;thence North 84 degrees 40 minutes 38 seconds West a distance of 19.29
feet to a found 1/2 inch diameter Iran pin; thence North 76 degrees 20 minutes 32 seconds West a distance of 63.43 feet to a
found 1/2 inch diameter iron pin; thence North 64 degrees 58 minutes 43 seconds West a distance of 61.18 feet to a found 1/2
inch diameter iron pin; thence North 47 degrees 49 minutes 33 seconds West a distance of 69.50 feet to a found 1/2 inch
diameter iron pin; thence North 35 degrees 00 minutes 05 seconds West a distance of 67.78 feet to a found 1/2 inch diameter
iron pin; thence North 15 degrees 54 minutes 21 seconds West a distance of 70.73 feet to a found 1/2 inch diameter iron pin;
thence North 00 degrees 20 minutes 48 seconds East a distance of 563.56 feet to a set cotton picker spindle; thence South 85
degrees 36 minutes 33 seconds East a distance of 23.81 feet to to a set 5/8 inch diameter iron pin; thence North 40 degrees 05
minutes 48 seconds East a distance of 15.55 feet to a found 1/2 inch diameter iron pin; thence North 79 degrees 34 minutes 49
seconds East a distance of 437.56 feet to a found 112 inch diameter Iran pin; thence North 03 degrees 47 minutes 41 seconds
East a distance of 354.75 feet to a found 1/2 inch diameter iron pin; thence North 71 degrees 56 minutes 02 seconds East a
distance of 112.10 feel to a found 1/2 inch diameter iron pin; thence North 71 degrees 55 minutes 52 seconds East a distance of
556.38 feet to a found 1/2 inch diameter iron pin and the northwest comer of Wildflower Meadows Subdivision; thence along the
west line of said Wildflower Meadows Subdivision South 03 degrees 06 minutes 36 seconds West a distance of 832.24 feet to a
found 1/2 inch diameter iron pin; thence leaving said west line North 87 degrees 56 minutes 15 seconds West a distance of
208.26 feet to a found 1/2 inch diameter iron pin; thence South 03 degrees 03 minutes 18 seconds West a distance of 626.12
feet to a found 1/2 inch diameter iron pin; thence North 87 degrees 51 minutes 31 seconds West a distance of 310.40 feet to a
found 1/2 inch diameter Iran pin ; thence North 87 degrees 55 minutes 51 seconds West a distance of 283.81 feet to the POINT
OF BEGINNING , containing 24.35 acres, more or less, and being subject to the right of way of Mount Comfort Road along the
south and west sides and Washington County Road # 703 along the west side thereof. And also being subject to any easements,
rights of ways, covenants and restrictions of record.
lark
onsulting
CIVIL / ENVIRONMENTAL ENGINEERING
LEGEND
® Area Petitioning to be Annexed
=Area within Fayetteville City Limits
= Area in Rural Washington County
Owners:
Dixie Managment and Investments, LP
3715 N. Business Drive, Ste. 201
Fayetteville, Ar 72703
SCALE: 1"=150' 1 DATE REVISED: I CHECKED BY:
DATE: 02/03/05 1 02/28/05 1 JSC
Petition for Annexation
DRAWN BY:
Konold
3715 Business Drive, Suite 202 Fayetteville, AR 72703 (479)444-8171
I
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF:
ANNEXATION OF CERTAIN LANDS TO
CITY OF FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS
CASE NO: CC2005-3
ORDER CONFIRMING ANNEXATION
Now on this day of 2005 the Petition for Confirmation of
Annexation having been filed herein by the Petitioners. Dixie Management and Investments, LP,
an Arkansas Limited Partnership and there being no protests of objections filed herein, this
matter is submitted to the Court upon the Petition filed herein, and the Court being well and
sufficiently advised finds:
There was entered in this cause a Decree of Annexation, which annexed the
following described real estate to the City of Fayetteville, Arkansas:
Exhibit A
Part of the Fractional Northwest Quarter (FRL NW 1/4) of Section I, Township 16 North, Range
31 West, and part of the South Half (S 1/2) of Section 31, Township 17 North, Range 30 West,
of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described
as follows:
Commencing at a found iron bolt, said bolt accepted and used as the Southwest corner of the
Southeast Quarter (SE 1/4) of the Fractional Northwest Quarter (FRL NW 1/4) of said Section 1,
Township 16 North, Range 31 West thence North 01 degrees 53 minutes 58 seconds East a
distance of 28.33 feet to a found 1/2 inch diameter iron pin and the POINT OF BEGINNING ;
thence North 84 degrees 40 minutes 38 seconds West a distance of 19.29 feet to a found 1/2 inch
diameter iron pin; thence North 76 degrees 20 minutes 32 seconds West a distance of 63.43 feet
to a found 1/2 inch diameter iron pin; thence North 64 degrees 58 minutes 43 seconds West a
distance of 61.18 feet to a found 1/2 inch diameter iron pin; thence North 47 degrees 49 minutes
33 seconds West a distance of 69.50 feet to a found 1/2 inch diameter iron pin; thence North 35
degrees 00 minutes 05 seconds West a distance of 67.78 feet to a found 1/2 inch diameter iron
pin; thence North 15 degrees 54 minutes 21 seconds West a distance of 70.73 feet to a found 1/2
inch diameter iron pin; thence North 00 degrees 20 minutes 48 seconds East a distance of 563.56
feet to a set cotton picker spindle; thence South 85 degrees 36 minutes 33 seconds East a
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distance of 23.81 feet to a set 5/8 inch diameter iron pin; thence North 40 degrees 05 minutes 48
seconds East a distance of 15.55 feet to a found 1/2 inch diameter iron pin; thence North 79
degrees 34 minutes 49 seconds East a distance of 437.56 feet to a found 1/2 inch diameter iron
pin; thence North 03 degrees 47 minutes 41 seconds East a distance of 354.75 feet to a found 1/2
inch diameter iron pin; thence North 71 degrees 56 minutes 02 seconds East a distance of 112.10
feet to a found 1/2 inch diameter iron pin; thence North 71 degrees 55 minutes 52 seconds East a
distance of 556.38 feet to a found 1/2 inch diameter iron pin and the northwest comer of
Wildflower Meadows Subdivision; thence along the west line of said Wildflower Meadows
Subdivision South 03 degrees 06 minutes 36 seconds West a distance of 832.24 feet to a found
1/2 inch diameter iron pin; thence leaving said west line North 87 degrees 56 minutes 15 seconds
West a distance of 208.26 feet to a found 1/2 inch diameter iron pin; thence South 03 degrees 03
minutes 18 seconds West a distance of 626.12 feet to a found 1/2 inch diameter iron pin; thence
North 87 degrees 51 minutes 31 seconds West a distance of 310.40 feet to a found 1/2 inch
diameter iron pin ; thence North 87 degrees 55 minutes 51 seconds West a distance of 283.81
feet to the POINT OF BEGINNING, containing 24.35 acres, more or less, and being subject to
the right of way of Mount Comfort Road along the south and west sides and Washington County
Road # 703 along the west side thereof. And also being subject to any easements, rights of ways,
covenants and restrictions of record.
2. Said Decree was duly filed in the County Records of Washington County,
Arkansas on March 23rd, 2005.
No objections have been given to the authorities of the City of Fayetteville, nor to
the agents of the Petitioners, not have any exceptions to the said Decree been filed with the
County Clerk nor with the Circuit Clerk of Washington County, Arkansas.
4. No exceptions to the said action have been filed by any interested person or by the
City of Fayetteville, Arkansas, and the Petitioners now ask that the annexation be confirmed and
That this Court find that the petition and all proceedings thereunder are in compliance with the
statutes and that the action of the County Court, in it's Decree of Annexation entered
March 23rd, 2005, be in all things approved and confirmed.
IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED, that:
I ) the Decree of the Court entered on the day of 2005, is
hereby approved and confirmed in all respects;
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2) the original papers in this cause should be delivered to the Clerk of Washington
County, Arkansas, with the same to be properly recorded upon the records of said County;
3) the Clerk is directed to prepare and certify one copy of the Plat of the annexed
territory, one copy of the Order of the Court, and the Ordinane of the City Council, and shall
forward a copy of each document to the Secretary of State, who shall file and preserve them;
4) the Clerk shall also forward one copy of the Plat of annexed territory and one
copy of the Order of the Court to the Director of the Tax Division of the Arkansas Public
Service Division, who shall file and preserve them and shall notify all utility companies having
property in the municipality of the annexation; and
5) the Clerk shall forward a certified copy of the Order of the Court to the City
Council.
IT IS SO ORDERED this day of 92005.
JERRY HUNTON, County Judge
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