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HomeMy WebLinkAboutOrdinance 4741 ORDINANCE NO, 4741 l AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 05- 1580 FOR PROPERTY LOCATED AT HUNT LANE, SOUTH OF HIGHWAY 16 EAST, CONTAINING 31 . 59 ACRES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council hereby confirms the annexation to the City of Fayetteville, Arkansas, of that property described in Exhibit "A" attached hereto and made a part hereof. Section 2: That the official map of the City of Fayetteville, Arkansas, is hereby amended to reflect the change provided in Section 1 above. Section 3 : That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to assign the zoning designation of R-A, Residential Agricultural to the subject property. Section 4 : That the above-described property is hereby assigned to Ward No. One. PASSED and APPROVED this 161h day of August, 2005. APPROVED: TR v ; By: ; FAYETTEVILLE : DAN CO `L�• ODY, Mayor ATTEST: %9s'9;QKANSP�J�'�� 4�; ,ft "'uuuuuu" By: o �' j III�IIIIIIIIIIIIIIIIIIIIIIII �� I�IIIIIII�I�III�I �IIIII�III��IIIIIII�II Doc ID : 009064600002 TVpe : REL �ONE)RAOMITH, City Clerk FeeoAmt : sii/00/2005 Pace I ofat 256 : 33 AM OW CC N Q Z Nashinoton Countv . AR UJ n © o Bette Stamps circuit clerk U. Co C o File2005-00039240 G LU U a - o C N V � L' ZAOS— /.z EXHIBIT "A" ANX 05-1580 A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 16 NORTH RANGE 29 WEST AND BEING MORE PARTICULARLY DESCRIBED FOLLOWS : BEGINNING AT A POINT WHICH IS SOUTH 343 .33 FEET FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF SOUTHEAST QUARTER AND RUNNING THENCE N89°59'51 "E 1320.53 FEET, THENCE SOUTH 213 .00 FEET, THENCE S00009'05 "E 1421 .88 FEET, THENCE S89059'2311W 662. 14 FEET, THENCE S89059123 "W 160 FEET, THENCE NORTH 330.00 FEET, THENCE N89059'23 "E 160 FEET, THENCE N00004'33 "W 858.00 FEET, THENCE S89059'31 "W 422.46 FEET, THENCE N0000012716W 120.06 FEET, THENCE WEST 212.00 FEET, THENCE NORTH 114.00 FEET, THENCE WEST 25.68 FEET, THENCE NORTH 212.94 FEET TO THE POINT OF BEGINNING, CONTAINING 31 .59 ACRES, MORE OR LESS. _N Q tom{ Z W O � J < U O 0 E a w w ¢ < d J 17 m iz C.O O CD Z U a (! W o Q N 1/ Washington County, AR I certify this instrument was filed on 0910812005 09:58:33 AM and recorded in Real Estate File Number 2005-00039240 Bette Stamps - Circuit Cie by _ o c> f 2 n � IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANS2NS5 cO r r' ' ­0o IN THE MATTER OF ANNEXATION - OF CERTAIN LANDS TO THE CITY OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2005- PETITION FOR ANNEXATION " COMES now, Charles W. Sloan, Dale & Linda King, Don & Evadean Osborne, Clifford & Mary Lou Smith, Ozark Electric Cooperative Corp, and Shirley R. Hester, Trustee, and for their joint Petition for Annexation, state and allege as follows: 1 . Petitioners are the record title holders of separate parcels of land contained within the following described real property situated in Washington County, Arkansas: A part of the Northeast Quarter of the Southeast Quarter and a part of the Southeast Quarter of the Southeast Quarter of Section 19, Township 16 North, Range 29 West and being more particularly described follows: Beginning at a point which is South 343 .33 feet from the Northwest corner of said Northeast Quarter of Southeast Quarter and running thence N 89°59'51 " E 1320.53 feet, thence South 213.00 feet, thence S 00009'05" E 1421 .88 feet, thence S 8959'23" W 662. 14 feet, thence S 89°59'23 " W 160 feet, thence North 330.00 feet, thence N89°59'23" E 160 feet, thence N 00004'33 " W 858.00 feet, thence S 89°59'31 " W 422.46 feet, thence N 00°00'27" W 120.06 feet, thence West 212.00 feet, thence North 114.00 feet, thence West 25.68 feet, thence North 212.94 feet to the point of beginning, containing 31 .59 acres, more or less. 2. All the above-described property is adjacent to and contiguous to the present boundary line for the City of Fayetteville, Washington County, Arkansas. See survey and description of property, attached hereto as Exhibit "A". 3 . The above-described property is suitable for annexation to the City of Fayetteville, Arkansas, and is necessary for the proper growth, prosperity and management of the land and the City of Fayetteville, Arkansas. PETITION FOR ANNEXATION PAGE I 4. Pursuant to Arkansas Code Annotated Section 14-40-601 et seq, this Court has jurisdiction over the subject matter herein, and Petitioners request that the above-described real property be annexed in and to the City of Fayetteville, Arkansas. 5. Petitioners further state that Attorney Raymond C. Smith of Fayetteville, Arkansas, is authorized to act for and on behalf of the Petitioners in all matters relating to this Petition and subsequent hearing or annexation proceedings. See Exhibit `B" attached hereto for the authorization. 6. Petitioners request this Court set a date for hearing on this Petition, not less than thirty (30) days subsequent to the filing of this Petition and further hearings or annexation proceedings therewith. WHEREFORE, Petitioners pray that the above-described real property be annexed to the City of Fayetteville, Washington County, Arkansas, pursuant to the provisions of applicable Arkansas law, subsequent to a hearing thereon as required by law; that this Court, by Order, fix a time and place for said hearing not less than thirty days subsequent to the filing of this Petition; and for all other relief to which the Petitioners may be entitled. PETITION FOR ANNEXATION PAGE 2 - Charles W. Sloan, Dale& Linda King, Don & Evadean Osborne, Clifford & Mary Lou Smith, Ozark Electric Co- Operative Corp. and Shirley R. Hester.. Petition By: , �. a d C. Smit Attorney at Law # 0135 70 North College Avenue, Suite 11 Fayetteville, Arkansas 72701 (479) 521 -7011 PE77T10N FOR ANNEXAMN PAGE 3 EXHIBIT 6W FAYETTEVILLE SCHOOL BOARD DISTRICT BOUNDARY AND SURVEY OF LAND (SEE ATTACHED) PETITION FOR ANNEXATION PAGE 4 ArclMJ Viewer . • Page 1 of 1 >f POPLAR S- • /{ J ?c F. OFarIF I MISSION RL D ORE I M 4OR DR J� 0MAPLF ST -' _ w . - ) z DICX90N ST ..: a ':1 WS • I P i_ m - ST 0NE S7 � R0C8SY IINT1.4 N Rfi117 . '. ! r w x < ; . m a _ _ _4 F:L . .. . rte r. SHS' __ o y ,IFST {� / - Ir a `' zJr LZ � W 1 y % s (� L' �. -.{ C.C�y TItVkLLe "City o1 Fayettevilla. 'R - Fay�15 - p � ; 4m SC}1 Op L �tS"C (2 {cT http://www.faygis.org/website/Msp_FAY/MapFrame.htm 4/14/2005 ArcIMS Viewer . • Page 1 of 1 mr !v' ELiSSTT34 •1r'T"—i / EtM ST^I I) I t f i i / \ FDPL�M ss j I �� , ib seeo h 'xDE414E ST S ASH �t ISSIDN:$LYD s d yl a• �aE ST t ��I ' it ., � �-.�,1 �.G 6V T���..,t , • 'tf 1 n jT ` _ "�4 N W LINSH ST u-u0{II�-.W 17MANOR-DR + . FLE ST � Lr 4CMAi1Ery 2�-, ` 1. �!z D.� ' it rT:ros Qr}r1-I,.�m(m� 3 .' y O � _Q �S � J M'r'r STONE STJ 'V i > ."�.�` RDCKSf moi. W W I ..� •� o 6TH 5)r C`�`65(1 � - AN HDI; J ! r W �i `y HISrH.ST .i�Im./ x � L Ilk . , c o.+�J :sail ST t IK p l 0 . RA 24TH ST 49 typo g� a ��:� c • Gh-l. � =��y .any - - .+ 'vl + . � L F *ty of Fetevl Fayt<Is p tAng SCN o9 L CoA R,� ��TpIr—T � otswj t�R-Y http://www.faygis.org/website/Msp_FAY/MapFrame.htm 4/14/2005 AUTHORIZATION I(WE), t) authorize the law firm of Raymond C. Smith, .A., to act for and on my (our) in all matters relating to Annexation and Rezoning, including but not limited to any and all petitions, applications, hearings and proceedings before or with the City of Fayetteville or with the County Court of Washington County, for the following described real property situated in Washington County, Arkansas, to-wit: Parcel Number Co�' l — Jam• V Oc Date : April , 2005 AUTHORIZATION l(WE)9 �CJ/rl E1✓AQa.uy 0-51Yh authorize Attorney Raymond C . Smith, to act for and on my(our) behalf in matters relating to Annexation and Rezoning, including but not limited to all applications, hearings and proceeding before or with the County Court of Washington County and the City of Fayetteville, Arkansas, for the following described real estate situated in Washington County, Arkansas, to-wit: Parcel Number It, Date :Date : et ��, 2004. �71-X �( c /Z' r CJ d 6 t AUTHORIZATION I(WE), ' �` � i cr c . /rr� authorize Attorney Raymond C. Smith, to act for and on my( ` r) behalf in matters relating to Annexation and Rezoning, including but not limited to all applications, hearings and proceeding before or with the County Court of Washington County and the City of Fayetteville, Arkansas, for the following described real estate situated in Washington County, Arkansas, to-wit: Parcel Number 06 / 16 '7 d3 -666 �7 Date: 9ctobar— 2004. AUTHORIZATION l(WE), 4V1LjrqkV Intl ll'i authorize Attorney Raymond C. Smith, to act for and on my(our) behalf in matters relating to Annexation and Rezoning, including but not limited to all applications, hearings and proceeding before or with the County Court of Washington County and the City of Fayetteville, Arkansas, for the following described real estate situated in Washington County, Arkansas, to -wit: =(3112 - Parcel Number,z�7����s� i 1, Dater _, 2004. _� AUTHORIZATION I(WE), UZg authorize the law firm of Raymond C. Smith, P.A., to act for and on my (our) in all matters relating to Annexation and Rezoning, including but not limited to any and all petitions, applications, hearings and proceedings before or with the City of Fayetteville or with the County Court of Washington County, for the following described real property situated in Washington County, Arkansas, to -wit: Parcel Number 13 ok—z% v" Date: April Y. 2005 2� waFrzT ieesr� AUTHORIZATION I, Shirley R. Hester, Trustee, Shirley R. Hester Family Trust, authorize the law firm of Raymond C. Smith, P.A. to act for and on behalf of the aforesaid Trust and Trustee, in all matters relating to Annexation and Rezoning, including but not limited to any and all petitions, applications, hearings and proceeding before or with the County of Washington, Arkansas, and the City of Fayetteville, for the following described real property situated in Washington County, Arkansas, to -wit: Part of the NE'/4 of the SE'/e of Section 19, Township 16N, Range 29W, consisting of approximately 0.71 acres, mol. Washington County Tax Assessor Parcel Number 001-10720-000, as per Deed recorded withthe Circuit Clerk of Washington County, Arkansas, 8/17/04 at 2004-33644 d Date: March /7.,2005 Shirley R. Hester, Trustee Shirley R. Hester Family Trust EXHIBIT "A" IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF ANNEXATION OF CERTAIN LANDS TO THE CITY z C) F- OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2005-M � w co r- )> o' m -a o ORDER SETTING HEARING m ::3o o rn r NOW on this / day of April, 2005, is presented to the Court a Pet}oionor a „o Annexation of certain lands to the City of Fayetteville, Arkansas, filed herein on April 18, 2005, by the Petitioners, Charles W. Sloan, Dale & Linda King, Don & Evadean Osborne, Clifford & Mary Lou Smith, Ozark Electric Cooperative Corp., and Shirley R. Hester, Trustee. IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that pursuant to Arkansas Code Annotated § 14-40-602, a hearing on said Petition for Annexation shall be held in the County Court of Washington County, Arkansas, on thQ-�day May, 2005, at /O_yO_o'clock a.m., and the Clerk of this Court is hereby directed to issue a notice of hearing as set herein which shall be published in the manner and for the full length of time as required by law. r _ O TY UDGE IN THE COUNTY COURT OF WASHINGTON COUNTY, AR" IN THE MATTER OF cs ANNEXATION OF CERTAIN LANDS TO THE n 0 M W --n CITY OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2005-1 n rn o rn v :3 ORDER OF ANNEXATION o > m On thisv� day of May, 2005, this cause comes on to be ti v � ,_. heard, the'Petrti�ers,~ J r_ Charles W. Sloan, Dale & Linda K, Don & Evadean Osborne, Clifford & Mary Lou Smith, Ozark Electric Cooperative Corp., and Shirley R. Hester, Trustee, represented by their Attorney, Raymond C. Smith of Fayetteville, Arkansas, announcing ready for a hearing of the cause and there being no protests or objections filed, whereupon, the matter is submitted to the Court upon the verified petition filed herein, and the oral and documentary evidence adduced, the Court being well and sufficiently advised finds: 1. The Petition in this cause was filed April 18, 2005, at which time the Court fixed May 23, 2005 at 10:30 a.m., as the date of hearing for said cause, and that a full thirty days notice of hearing was given as required by law and notice of publication is now on file with the 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 a freehold interest in the property hereinafter described in the petition and constitutes the real owner of the area affected. 3. The land proposed to be annexed to the City of Fayetteville, Washington County, Arkansas in this cause is described as follows: A part of the Northeast Quarter of the Southeast Quarter and a part of the Southeast Quarter of the Southeast Quarter of Section 19, Township 16 North, Range 29 West and being more particularly described follows: Beginning at a point which is South 343.33 feet from the Northwest comer of said Northeast Quarter of Southeast Quarter and running thence N 89°59'51" E 1320.53 feet, thence South 213.00 feet, thence S 00°09'05" E 1421.88 feet, thence S 89°59'23" W 662.14 feet, thence S 89°59'23" W 160 feet, thence North 330.00 feet, thence N89°59'23" E 160 feet, thence N 00°04'33" W 858.00 feet, thence S 89°59'31" W 422.46 feet, thence N 00°00'27" W 120.06 feet, thence West 212.00 feet, thence North 114.00 feet, thence West 25.68 feet, thence North 212.94 feet to the point of beginning, containing 31.59 acres, more or less. 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 particularly adapted for urban purposes and this territory should be annexed to and made a part of the City of Fayetteville, Arkansas. IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that the aforesaid real estate situated in Washington County, Arkansas, is hereby annexed to and made a part of the City of Fayetteville, Arkansas, in accordance with Act No. 1 of the acts of the Legislature of 1875 of the State of Arkansas and all acts amendatory thereto, particularly including Act 142 of the Acts of Arkansas for the year 1963, as codified in Ark. Code Ann. Sec. 14-40-601, et seq, and this Order shall be duly recorded by the Clerk of Washington County, Arkansas. COUNTY JUDGE �ja5� FROM ':NWRRPC. N r .. I N re.A•�nj ..�. N V 4; 4 yl Y1.. h 1': F F N I,. L 1 nil : r V ly. �.. ...1:.�......... ••• FAX NO. :4797517150 •n''14 �..• 4 ,......................... ..J.. • , 1.......... ........:a.. .Y,ll .na ii /........ �. n.nw :I:': l .. ..-. . ... .. I .. '.al c�d '^ w i a :II 1 , r 1 L 1 11 .J 11 ':,�� Y) yr ' 1151du'uwag� f� 09 2005 03:31PM P4 N LL l K 1 f V 44 ': 4 1, .. 1 IN 1'11. : r rd•n'dlx ".. LL LL 'L Ii,.r.r::--"""" N 1. r � p Pik CV 0 1' 11 ykI _ II �. •......... . :.. ... .. . rl �Iw s NLh,.d..l.x nllmannmmluulnwnru'!,u uau',, rl^w rW r jI . .... ...."r ..: V. U m N � a v v IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF FILED ANNEXATION OF CERTAIN LANDS TO THE CITY OF FAYETTEVILLE, ARKANSAS CASE NO. CC�0bST12 '(UIREN COt1BS ppITCIIAR:, ORDER CONFIRMING ANNEXATION CO PROBATE CLEF;; 1Shllt NOW on this.Aday of September, 2005, comes on for hearing and considl rr& fth� Ii ,';. Petition for Confirmation of Annexation filed by the Petitioners, Charles W. Sloan, Dale & Linda King, Don & Evadean Osborne, Clifford & Mary Lou Smith, Ozark Electric Cooperative Corp., and Shirley R. Hester, Trustee, by their attorney, Raymond C. Smith, and there being no objections or protests filed herein, and from the oral and documentary evidence adduced, the Court, being well and sufficiently advised finds: 1. That an Order of Annexation was filed May 23, 2005, in the above styled and numbered case by which certain real estate owned by the Petitioners and situated in Washington County, Arkansas, was annexed to and made a part of Fayetteville, Washington County, Arkansas. Said real estate is further described at Exhibit "A" attached hereto. 2. No objections have been filed by any interested person with the authorities of the City of Fayetteville, or to the Petitioner, and no exceptions to the Order of Annexation been filed with the County Clerk of Washington County, Arkansas. 3. The City of Fayetteville, Arkansas has by ordinance confirmed the annexation of the real property described at Exhibit "A" to the City of Fayetteville pursuant to Ordinance No.4741 09, "An Ordinance Annexing That Property Described in Annexation Petition ANX 05-1580 for Property Located at Hunt Lane, South of Highway 16 East, Containing 31.59 acres" passed and approved by the City Council of the City of ORDER FOR CONFIRMATION OF ANNEXATION PAGE.I OF 2 Fayetteville, Arkansas on the 161h day of August, 2005, and filed for record on September 6, 2005, at 2005-00039240, in the records of the Circuit Clerk for Washington County, Arkansas, a copy of said file for record ordinance attached hereto as Exhibit "A." IT IS THEREFORE, THE JUDGMENT AND ORDER OF THIS COURT that the Order of Annexation entered on the 23rd day of May, 2005, that annexed the herein described territory to the City of Fayetteville, Arkansas, is hereby approved and confirmed in all aspects. J Y H ON, County Judge ORDER FOR CONFIRMATION OF ANNEXATION PAGE .2 OF 2 AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 05-1580 FOR PROPERTY LOCATED AT HUNT LANE, SOUTH OF HIGHWAY 16 EAST, CONTAINING 31.59 ACRES BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council hereby confirms the annexation to the City of Fayetteville, Arkansas, of that property described in Exhibit "A" attached hereto and made a part hereof. Section 2: That the official map of the City of Fayetteville, Arkansas, is hereby amended to reflect the change provided in Section 1 above. Section 3: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to assign the zoning designation of R -A, Residential Agricultural to the subject property. One. Section 4: That the above -described property is hereby assigned to Ward No. PASSED and APPROVED this 161h day of August, 2005. FAYETTEVI LLE : �S TONj1Cp U W f cE "Y dLJ co SoI 1 CA SMITH, 'ty Clerk U �. w • n ,J .5- O � 0 N :1 APPROVED: By: DAN GOODY, May IIIliIIIIIIIIIIII VIII VIIIVIII VIIIVIIIVIII VIII VIIIVIIIVIII VIIIuIIIIII Doc ID: 009064600002 Tvoe: REL Recorded: 09/06/2005 at 09:56:33 AM Fee Amt: $11.00 Paae 1 of 2 Mashlnaton County. AR Bette Stamps Circuit Clerk F11a2005-00039240 EXHIBIT "A" EXMIT "A" ANX 05-1580 A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 16 NORTH RANGE 29 WEST AND BEING MORE PARTICULARLY DESCRIBED FOLLOWS: BEGINNING AT A POINT WHICH IS SOUTH 343.33 FEET FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF SOUTHEAST QUARTER AND RUNNING THENCE N89°59'51 "E 1320.53 FEET, THENCE SOUTH 213.00 FEET, THENCE S00°09'05"E 1421.88 FEET, THENCE S89°59'23"W 662.14 FEET, THENCE S89°59'23"W 160 FEET, THENCE NORTH 330.00 FEET, THENCE N89°59'23"E 160 FEET, THENCE N00°04'33"W 858.00 FEET, THENCE S89°59'31"W 422.46 FEET, THENCE N00°00'27"W 120.06 FEET, THENCE WEST 212.00 FEET, THENCE NORTH 114.00 FEET, THENCE WEST 25.68 FEET, THENCE NORTH 212.94 FEET TO THE POINT OF BEGINNING, CONTAINING 31.59 ACRES, MORE OR LESS. Charlie Daniels Secretary of State September 20, 2005 CITY OF FAYF'f I MAVOR'S OFFICE 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 683-0057 State 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. (?,rd/ r No. 4732 ACC"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>> uINCCOORDNO)> reINCPLAT) 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. SincerelPlesha 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 RECEI SEP 2 2 CITY OF FAYE CITY CLERK'S D �. "/7y/ City Council Meeting of August 02; 2005 j� j -/� Agenda Item Number H CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current PlanningA Date: July 13, 2005 Subject: Annexation for Sloan Properties, Inc. (ANX 05-1580) RECOMMENDATION Planning Staff recommends approval of the requested annexation submitted by Sloan Properties, Inc. on behalf of property owners of six separate properties totaling 31.59 acres located south of Huntsville Road. This action will incorporate the 31.59 -acre tract of land contiguous with the city limits into the City of Fayetteville. BACKGROUND The subject property contains 31.59 acres, consisting of all or portions of six legal tracts of property, each owned by a separate individual, corporation, or trust. It is located south of Huntsville Road (Hwy 16 East) and west of Sequoyah Meadows Subdivision. At this time, the property is currently used for agricultural uses with several single family homes located on the property. It is within the Planning Area and adjacent to the City limits along the northern, western, and eastern property lines. Several properties located north of Huntsville Road have recently requested annexation into the City of Fayetteville. On June 7, 2005, the City Council passed an ordinance to incorporate a total 53.781 acres located north of Huntsville, northeast of the subject property. Annexation of the property will not create an island of unincorporated property or create a peninsula of City property. It will extend the city limit no further south than it currently exists and will facilitate incorporation of the southern portion of properties along Hunstville Road which were partially annexed in the 1960s. Water and sewer service shall be extended to the property at the time of development. Improvements to the existing infrastructure adjacent to this site and construction of streets in compliance with the Master Street Plan will be required at the time of development. City fire and police currently service the adjoining neighborhoods. The applicant 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. Staff recommends approval of the proposed annexation. The subject property is adjacent to the City limits, and future development of the area may be consistent and compatible to surrounding subdivisions should the property be annexed into the City of Fayetteville. City Council Meeting of August 02, 2005 Agenda Item Number DISCUSSION This item was heard at the regular Planning Commission on July 11, 2005. The Planning Commission voted 7-0-0 to forward this item to the City Council with a recommend of approval. BUDGETIMPACT None. 0 0 ORDINANCE NO, AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 05-1580 FOR PROPERTY LOCATED AT HUNT LANE, SOUTH OF HWY 16 EAST, CONTAINING 31.59 ACRES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: r+ Section 1: That the City Council hereby confirms the annexation to the City of r a Fayetteville, Arkansas, of that property described in Exhibit "1, `'. attached hereto and made a part hereof. Section 2: That the official map of the City,`=of Fayetteville, Arkansas hereby amended to reflect the change provided in Section.l above,\ Section 3: That the official zoning map okhe,City of>Fayetteville, Arkansas is hereby amended to assign the zoning designation of R, A;Residential Agricultural to the subject property. Section 4: That the above-desenbed property isdhereby assigned to Ward No. One. PASSED and APPROVED this \ day of 2005. Y ``- APPROVED: A7 By: SONDRA SMITH, City Clerk By: DAN COODY, Mayor M 1 M EXHIBIT "Al' ANX 05-1580 A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 16 NORTH RANGE 29 WEST AND BEING MORE PARTICULARLY DESCRIBED FOLLOWS: BEGINNING AT A POINT WHICH IS SOUTH 343.33 FEET FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF SOUTHEAST QUARTER AND RUNNING THENCE N89°59'51 "E 1320.53 FEET, THENCE SOUTH 213.00 FEET, THENCE S00°09'05"E 1421.88 FEET„THENCE S89°59'23"W 662.14 FEET, THENCE S89°59'23"W 160 FEET, THENCE�NORTH 330.00 FEET, THENCE N89°59'23"E 160 FEET, THENCE N00°04'33' W 858t00 FEET, THENCE S89°59'31"W 422.46 FEET, THENCE N00°00'27"W 120:06 FEET THENCE WEST 212.00 FEET, THENCE NORTH 114.00 FEET,..�T;HENCE WE$T 25.68 FEET, THENCE NORTH 212.94 FEET TO THE POINT O BEGINNING, -CONTAINING 31.59 ACRES, MORE OR LESS. Iq y I PC Meeting of July 11, 2005 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: July 6, 2005 ANX 05-1580: Annexation (SLOAN PROPERTIES, INC., 609): Submitted by RAYMOND SMITH for property located at HUNT LANE, S OF HWY 16E. The property is in the Planning Area and contains approximately 31.59 acres. The request is to annex the subject property into the City of Fayetteville. Property Owners: KING, OSBORNE, SMITH, HESTER, OZARK ELECT, MULLIS Planner: SUZANNE MORGAN RECOMMENDATION: Staff recommends approval of the requested annexation based on the findings included as part of this report: PLANNING COMMISSION ACTION: Required YES ® Approved O Denied Date: July 11, 2005 z rea —7—O-O CITY COUNCIL ACTION: Required YES O Approved O Denied Date: August 02, 2005 (1st reading if recommended) BACKGROUND: Property description: The subject property contains 31.59 acres, consisting of all or portions of six legal tracts of property, each owned by a separate individual, corporation, or trust. It is located south of Huntsville Road (Hwy 16 East) and west of Sequoyah Meadows Subdivision. At this time, the property is currently used for agricultural uses with several single family homes located on the property. It is within the Planning Area and adjacent to the City limits along the northern, western, and eastern property lines. Proposal: The applicant proposes annexation of 31.59 acres into the City of Fayetteville. Recommendation: Staff recommends approval of the proposed annexation based on the finding herein. K:lRcporlsl2005tPC ReporlsIO7-11-051AASr05-1580 (Sloan Properties, 1nc.)_doc 10 SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Residential Single Family RSF-4, R -A South Residential Single Family; pasture Planning Area East Residential Single Family RSF-4 West Residential Single family; pasture RSF-4, Planning Area INFRASTRUCTURE: Streets: Currently the site has access to Hunt Lane, and Tallgrass Drive via an existing stub -out, a residential street. Road improvements required for Hunt lane include: dedication of right-of-way and installation of sidewalks per the Master Street Plan, width of paving from centerline to be determined at time of submittal to the Planning Division for subdivision, curb and gutter, and storm drainage. Traffic will exit the development and access Huntsville Road, a Principal Arterial Street. Surrounding Master Street Plan Streets: South: Huntsville Rd (Principal Arterial) East: Tallgrass Drive (Local Street) West: Hunt Lane (Local Street) Water: Public water is adjacent to the site. There is an 8" waterline along Hunt Lane and an 8" waterline along Tallgrass Drive. Water service will need to be extended within the property at the time of development connecting the two previously mentioned systems. Long range improvements for the water system include increasing the size of the service line along Huntsville Road to a 12" diameter main. Sewer: Sanitary sewer is near to the site. There is an 8" sewer main within the development to the west, and an 8" sewer main within the development to the east. Sewer service will need to be extended to, and within, the property at the time of development. An analysis of the downstream sewer system as well as downstream lift stations shall be performed prior to submittal of construction review plans at the cost of the developer. Drainage: The site is mostly hilltop land with some areas which contain 15% or greater slopes. There appears to be a creek through the site that does contain floodplain and floodway. Runoff from the site is split down the bulk of the property flowing overland to the east, and west to the creek. Drainage from the site flows northward until it reaches the West Fork of the White River. Additional measure may be required as the property develops and permanent features put in place to protect the creek and restrict the runoff to pre -developed conditions. K:*WeporuL7005 PC Repor4107-11-05WNX 05-1580 (Sloan Properties, 1nc).doc 10 Fire: The subject property is located approximately 3.5 miles from the Fire Station #5. Response time to the property is 6 minutes with a projected response time at full build -out to be approximately 6.45 minutes with 29 annual calls for service. This does not take into account the decreased response time for the future Fire Station at the Tyson complex on Huntsville Road (proposed Fire Station #3), which is 4 minutes from subject property. Police: It is the opinion of the Fayetteville Police Department that this annexation will not substantially alter the population density or create an undesirable increase the load on police services nor will it create an appreciable increase in traffic danger and congestion in the area. LAND USE PLAN: General Plan 2020 identifies the portion of this property within the Planning Area as Residential. FINDINGS: 11.6 ANNEXATION GUIDING POLICIES BOUNDARIES 11.6.a Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. Finding: Annexation of the property will not create an island of unincorporated property. The proposed annexation will join two existing peninsulas, thereby mitigating any adverse effects of the existing peninsulas. Due to rapid growth, the City of Fayetteville in the 1960's annexed a peninsula of property to incorporate Lake Sequoyah, a primary water source, within the city limits. Since this time, the City has annexed several properties north and south of the 600' Huntsville Road corridor. The proposed annexation is located south of the Huntsville Road corridor between two existing peninsulas of city property. That to the west was annexed in 1988, and property to the east and developed as Sequoyah Meadows Subdivision was annexed in 1991. Annexation of the subject property begins to "fill in" the land that is encompassed on all sides but the south by existing city limits. Therefore, staff finds that the proposed annexation will not further exacerbate any problems associated with the current situation. 11.6.b Proposed annexation area must be adjacent, or contiguous, to city limits. Finding: The proposed annexation area is adjacent to the City Limits to the north, east, and west. 11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. K. iReporas 2005'PC Reportr107-11-05WNX 05-1580 (Sban Properties, 1nc.).doc Finding: This area is currently developed for single family residences and agricultural activities. The property does not consist of defined subdivisions or neighborhoods; however, future development plans include residential development of the property. Annexation of the property would allow for Planning Commission review of development in accordance with City standards, and would require the same standards of development as the adjacent properties already within the city limits. 11.6.d Boundaries for annexed areas should follow natural corridors. Finding: Proposed boundaries follow property lines of the existing parcels. When property adjacent to Huntsville Road was annexed in the 1960s, the affected properties were partially annexed, in which the northern 300' was within the city limits and the remaining property was in the County. The proposed annexation encompasses the southern portions of these tracts as well as additional parcels. 11.6.e Timing of services within annexation areas should be considered. Finding: Current conditions result in a response time of 6 minutes for fire protection from Fire Station #5. Response times are anticipated to be reduced by two minutes with the construction of a new fire station on Huntsville Road at the Tyson Plant. Additionally, the City's Fire Department currently responds to calls much further west and north of this property, with much higher response times. Extension of water and sewer lines will occur at the time of development to aid in the improvement of services. ENVIRONMENTALLY SENSITIVE AREAS 11.6. f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Finding: The property is mainly cleared pasture land. Tree canopy is concentrated along property lines and within the riparian corridor of the creek which bisects the western portion of property and flows north into the West Fork of the White River. Development regulations within the City will ensure appropriate development and preservation of the existing natural features on the property. Development outside the city does not allow for the requirement of parks, open space or tree preservation. EMERGENCY AND PUBLIC SERVICES 11.6.g Public services must be able to be provided efficiently in newly annexed areas. K. IReporal2005PC ReporaI07-11-05WNX 05-1580 (Sloan Properties, lnc.).doc Finding: It is the opinion of the Fayetteville Police Department that this annexation will not substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. 11.61 Annexed areas should receive the same level of service of areas already in the city limits. Finding: Fire and police currently serve subdivisions further east of the subject property. Service shall be provided to this area with the same level of response and service as other developments in this area. 11.6.1 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. INFRASTRUCTURE AND UTILITIES 11.6.j Areas currently served by utilities and other public services should be annexed. Finding: Water, fire and police protection are currently provided in the surrounding areas. The subject property is not being served by city utilities at this time. 11.61 Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. Finding: Evaluation of the downstream sewer system as well as downstream lift stations shall be performed prior to submittal of construction review plans at the cost of the developer. Improvements to sewer and street systems and installation of fire hydrants would be made necessary by the annexation should additional development occur on the subject property. At this time, the property is residential and agricultural in nature. 11.6.1 Phased annexation should be initiated by the City within active annexation areas based on planned service extensions or availability of services. Finding: The proposed annexation is not part of a phased annexation initiated by the City, though it has been discussed as desirable for annexation in past task force meetings. In a location where the current city boundary extends only 300' from Huntsville Road with existing peninsulas to the east and west, expanding the city limits south will create a more appropriate City boundary and allow for development to occur under city guidelines. K. IReportt120051PC Reports107-11-05WNX 05-1580 (Sloan Properties, Inc.).doc )e INTERGOVERNMENTAL RELATIONS 11.6.m Promote long-range planning with adjacent jurisdictions. Finding: N/A 11.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer. Finding: N/A ADMINISTRATION OF ANNEXATIONS 11.6.o Designate zoning districts for the property during the annexation process. Finding: Annexations are automatically zoned R -A, Residential Agricultural. The property owners request for annexation and request to rezone this property RSF-4, Residential single family - 4 units/acre. 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 all or portions of this property has not been proposed. At the time the applicant(s) desire to develop the property, the applicant(s) 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 31.59 acres owned by six persons/corporations. The applicant of the annexation encouraged the property owners to the north to join the request for annexation, as the annexation of only a portion of the property would have resulted in the creation of an island. The annexation of all properties will incorporate a larger area into the City and create a more K. IReporal20051PC ReportsI07-/ 1-0514NX 05-/580 (Sloan Properties, /nc ).doc acceptable boundary to the south. As additional petitions of annexation are submitted, the annexation of additional property to create a city boundary which follows existing natural barriers and streets will create an even more desirable city boundary. 11.6.t Conduct a fiscal impact assessments on large annexations. Finding: No fiscal impact assessment was conducted for this annexation of 31.59 acres. K-Weporul2005PC Repora107-11-0514NX05-1580 (Sban Properties, 1nc.).doc 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.f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Emergency and Public Services 11.6.g Public services must be able to be provided efficiently in newly annexed areas. 11.6.h Annexed areas should receive the same level of service of areas already in the city limits. 11.6.i The ability to provide public services should be evaluated in terms of equipment, training of personnel, number of units and response time. Infrastructure and Utilities 11.6.j Areas currently served by utilities and other public services should be annexed. 11.61 Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. 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. 1 1.6.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: Vtepora120051PC Repora107-11-05W NX 05-1580 (Shan Properties, Inc.).doc AM S w A N N N N Z Z N Z Z Z Z X X O O m W OJ DO O) p 'O N Ovf 0 CD L O N 0 0 M mn N '-' '-' 0 0 0 0 0 N J m o) W (p (p J J J J Q w j d l0 W 6 m 0 ? 0 o C O C O O O O O < m x 3 d m J CL 3 0) J a OOOOO�U)d m a m o < m mo Q _mn 'a m A Ot tT Cn m m O m J c0 t0 t0 m (O � 0 N m d V! n y N m o > > O �C>MM Mcn —,^' 3 3 3 3 3 3 3 3.0 z „ CL O O c N N N N N N N m m m m N d Cl CD d W N N A O) A O) j < 3333333.$ m 1 m m (D m m m m m d 3 3 p .Oi O A A0) A0) 3 A O 3 O) N O J A -I A K a V d C) C) Ch m cn cn 3 y 30 O C d N D ti CD J C C C C C C a w b < d m m m m m m m c.w a n N ^ O d in m v m 3 N n v C d m l0 ti c000��C) n3 �'� m m „» v m• O �m��0 A C:) C) 1 a K. Z m• n y o c m p^ S C1 c3b�ma d m m 0 v p 3 3 m rn o o o o a b -4o 3^ b O b p . c 3 ^ w n m s �0 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS July 1, 2005 Suzanne Morgan Associate Planner City of Fayetteville 125 W. Mountain St_ Fayetteville, AR 72701 Dear Ms Morgan: POLICE DEPARTMENT This document is in response to the request for a determination of whether the proposed ANX 05-1580 (Sloan Properties, INC., 609) and (RZN 05-1581 (Sloan Properties, INC.;609) submitted by Raymond Smith for property located at Hunt Lane, south of " Arkansas State Highway 16E would substantially alter the population density and thereby undesirably increase the load on police services or create an appreciable increase in traffic danger and traffic congestion. It is the opinion of the Fayetteville Police Department that although this annexation and rezoning will increase traffic congestion, it will not substantially alter the population density and thereby undesirably increase the load on police services or create an appreciable increase in traffic danger in the area. Sincerely, 1 W VJ Lieutenant Rob Turberville Fayetteville Police Department FAYETTEVILLE POLICE DEPARTMENT P.O. BOX 1988 FAYETTEVILLE, ARKANSAS 72702-1988 (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 JAIL: 140-A WEST ROCK STREET 72701 PHONE: 479-587-3555 FAX: 479-587-3522 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF ti ANNEXATION OF CERTAIN LANDS TO THE o CITY OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2005-12x -ty c'� � o ORDER OF ANNEXATION --q o w Z! ZLZti co m 0 On this cRIday of May, 2005, this cause comes on to be heard, the gehliaers,� Charles W. Sloan, Dale & Linda K, Don & Evadean Osborne, Clifford _N Smith, Ozark Electric Cooperative Corp., and Shirley R. Hester, Trustee, represented by their Attorney, Raymond C. Smith of Fayetteville, Arkansas, announcing ready for a hearing of the cause and there being no protests or objections filed, whereupon, the matter is submitted to the Court upon the verified petition filed herein, and the oral and documentary evidence adduced, the Court being well and sufficiently advised finds: 1. The Petition in this cause was filed April 18, 2005, at which time•the Court fixed May 23, 2005 at 10:30 a.m., as the date of hearing for said cause, and -that a full thirty days notice of hearing was given as required by law and notice of publication is now on file with the 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 a freehold interest in the property hereinafter described in the petition and constitutes the real owner of the area affected. 3. The land proposed to be annexed to the City of Fayetteville, Washington County, Arkansas in this cause is described as follows: A part of the Northeast Quarter of the Southeast Quarter and a part of the Southeast Quarter of the Southeast Quarter of Section 19, Township 16 North, Range 29 West and being more particularly described follows: Beizinning at a noint which is Snnth f_- (¢ q "OOS IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF ANNEXATION OF CERTAIN LANDS TO THE o oN 23 is CITY OF FAYETTEVILLE, ARKANSAS CASE NO, CC 2005-12s ao ry ORDER OF ANNEXATION o o X w v, `1 M o On this cUday of May, 2005, this cause comes on to be heard, the ge t«ers,� il m o Charles W. Sloan, Dale & Linda K, Don & Evadean Osborne, Clifford &'.Mwrp�I,o N Smith, Ozark Electric Cooperative Corp., and Shirley R. Hester, Trustee, represented by their Attorney, Raymond C. Smith of Fayetteville, Arkansas, announcing ready for a hearing of the cause and there being no protests or objections filed, whereupon, the matter is submitted to the Court upon the verified petition filed herein, and the oral and documentary evidence adduced, the Court being well and sufficiently advised finds: 1. The Petition in this cause was filed April 18, 2005, at which time the Court fixed May 23, 2005 at 10:30 a.m., as the date of hearing for said cause, and:that a full thirty days notice of hearing was given as required by law and notice of publication is now on file with the 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 a freehold interest in the property hereinafter described in the petition and constitutes the real owner of the area affected. 3. The land proposed to be annexed to the City of Fayetteville, Washington County, Arkansas in this cause is described as follows: A part of the Northeast Quarter of the Southeast Quarter and a part of the Southeast Quarter of the Southeast Quarter of Section 19, Township 16 North, Range 29 West and being more particularly described follows: Beginning at a point which is South 3.33 feet from the Northwest comer of said Northeast Quarter of Southeast Quarter and naming thence N 89°59'51" E 1320.53 feet, thence South 213.00 feet, thence S 00°09'05" E 1421.88 feet, thence S 89°59'23" W 662.14 feet, thence S 89°59'23" W 160 feet, thence North 330.00 feet, thence N89°59'23" E 160 feet, thence N 00°04'33" W 858.00 feet, thence S 89°59'31" W 422.46 feet, thence N 00°00'27" W 120.06 feet, thence West 212.00 feet, thence North 114.00 feet, thence West 25.68 feet, thence North 212.94 feet to the point of beginning, containing 31.59 acres, more or less. 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 particularly adapted for urban purposes and this territory should be annexed to and made a part of the City of Fayetteville, Arkansas. IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that the aforesaid real estate situated in Washington County, Arkansas, is hereby annexed to and made a part of the City of Fayetteville, Arkansas, in accordance with Act No. 1 of the acts of the Legislature of 1875 of the State of Arkansas and all acts amendatory thereto, particularly including Act 142 of the Acts of Arkansas for the year 1963, as codified in Ark. Code Ann. Sec. 14-40-601, et seq, and this Order shall be duly recorded by the Clerk of Washington County, Arkansas. 7 �- I L--� O TYJUDGE r1• T ca - r rn IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKA-IVSAS - IN_THE MATTER OF ANNEXATION OF CERTAIN LANDS TO THE CITY OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2005 - PETITION FOR ANNEXATION COMES now, Charles W. Sloan, Dale & Linda King, Don & Evadean Osborne, Clifford & Mary Lou Smith, Ozark Electric Cooperative Corp, and Shirley R. Hester, Trustee, and for their joint Petition for Annexation, state and allege as follows: I. Petitioners are the record title holders of separate parcels of land contained within the following described real property situated in Washington County, Arkansas: A part of the Northeast Quarter of the Southeast Quarter and a part of the Southeast Quarter of the Southeast Quarter of Section 19, Township 16 North, Range 29 West and being more particularly described follows: Beginning at a point which is South 343.33 feet from the Northwest cornerof said Northeast Quarter of Southeast Quarter and running thence N 89°59'51" E 1320.53 feet, thence South 213.00 feet, thence S 00°09'05" E 1421.88 feet, thence S 89°59'23" W 662.14 feet, thence S 89°59'23" W 160 feet, thence North 330.00 feet, .thence N89°59'23" E 160 feet, thence N 00°04'33" W 858.00 feet, thence S 89°59'31" W 422.46 feet, thence N 00°00'27" W 120.06 feet, thence West 212.00 feet, thence North 114.00 feet, thence West 25.68 feet, thence North 212.94 feet to the point of beginning, containing 31.59 acres, more or less. 2. All the above -described property is adjacent to and contiguous to the present boundary line for the City of Fayetteville, Washington County, Arkansas. See survey and description of property, attached hereto as Exhibit "A". 3. The above -described property is suitable for annexation to the City of Fayetteville, Arkansas, and is necessary for the proper growth, prosperity and management of the land and the City of Fayetteville, Arkansas. PETITION FOR ANNEXATION PAGE I 4. Pursuant to Arkansas Code Annotated Section 14-40-601 et seq, this Court has jurisdiction over the subject matter herein, and Petitioners request that the above -described real property be annexed in and to the City of Fayetteville, Arkansas. 5. Petitioners further state that Attorney Raymond C. Smith of Fayetteville, Arkansas, is authorized to act for and on behalf of the Petitioners in all matters relating to this Petition and subsequent hearing or annexation proceedings. See Exhibit "B" attached hereto for the authorization. 6. Petitioners request this Court set a date for hearing on this Petition, not less _ than thirty (30) days subsequent to the filing of this Petition and further hearings or annexation proceedings therewith. WHEREFORE, Petitioners pray that the above -described real. property be annexed to the City of Fayetteville, Washington County, Arkansas, pursuant to the provisions of applicable Arkansas law, subsequent to a hearing thereon as required by law; that this Court, by Order, fix a time and place for said hearing not less than thirty days subsequent to the filing of this Petition; and for all other relief to which the Petitioners may be entitled. PETITION FOR ANNEXATION PAGE 2 Charles W. Sloan, Dale& Linda King, Don & Evadean Osborne, Clifford & Mary Lou Smith, Ozark Electric Co - Operative Corp. and Shirley R. Hester, Pe4Ra By: C. Smith Attorney at Law #80135 70 North College Avenue, Suite 11 Fayetteville, Arkansas 72701 (479)321-7011 PETITION FOR ANNEXATION PAGE 3 I(WE); 4/ I authorize the law firm of Raymond C. Smith, .A., to act for and on my (our) in all matters relating to Annexation and Rezoning, including but not limited to any and all petitions, applications, hearings and proceedings before or with the City' of Fayetteville or with the County Court of Washington County, for the following'described real property situated in Washington County, . Arkansas, to -wit: Parcel Number Date: April Z. 2005 AUTHORIZATION I(WE), Dvtt �t/tt�f �,�v� C�,S�ov/iq- authorize Attorney. Raymond C. Smith, to act for and on my(our) behalf in matters relating to Annexation and Rezoning, including but not limited to all applications, hearings and proceeding before or with the County Court of Washington County and the City of Fayetteville, Arkansas, for, the following described real estate situated in Washington County, Arkansas, to -wit: Parcel Number Date: 9stel-/C, 2004. C= AUTHORIZATION t() 04. tt f r �c t f� ��r n c % authorize Attorney Raymond C. Smith, to act for and on my( r) behalf in matters relating to Annexation and Rezoning, including but not limited to all applications, hearings and proceeding before or with the County Court of Washington County and the City of Fayetteville, Arkansas, for the following described real estate situated in Washington County, Arkansas, to -wit: Parcel Number UG/—/G'% d3 -tw V11 Date: October—� , 2004. 1 AUTHORIZATION l(WE)5 litly �l �ntj 111 authorize Attorney Raymond C. Smith, to act for and on my(our) behalf in matters relating to Annexation and Rezoning, including but not limited to all applications, hearings and proceeding before or with the County Court of Washington County and the City of Fayetteville, Arkansas, for the following described real estate situated in Washington County, Arkansas, to -wit: Parcel Number F�� 41 6 c�2 _46j tic. Date:er , 2004. I(WE)7 UZAfkC f�ic4Uc (pc�lift,rl OL CC$L,.c1 authorize the law firm of Raymond C.. Smith, P.A., to act for and on my (our) in all matters relating to Annexation and Rezoning, including but not limited to any and all petitions, applications, hearings and proceedings before or with the City of Fayetteville or with the County Court of Washington County, for the following described real property situated in Washington County, Arkansas, to -wit: Parcel Number Date: April Z. 2005 13oull --ZiVo 2� 'WHF_2TWICKS" _ I, Shirley R. Hester, Trustee, Shirley R. Hester Family Trust, authorize the law firm of Raymond C. Smith, P.A. to act for and on behalf of the aforesaid Trust and Trustee, in all matters relating to Annexation and Rezoning, including but not limited to any and all petitions, applications, hearings and proceeding before or with the County of Washington, Arkansas, and the City of Fayetteville, for the following described real property situated in Washington County, Arkansas, to -wit: Part of the NE'/e of the SE'/. of Section 19, Township 16N, Range 29W consisting of approximately 0.71 acres, mol. Washington County Tax Assessor Parcel Number 001-10720-000, as per Deed recorded with the Circuit Clerk of Washington County, Arkansas, 8/17/04 at 2004-33644 . Date: March / 7 , 2005 Shirley R. Hester, Trustee Shirley R. Hester Family Trust EXHIBIT "A" i • • ANXoClose pView SLOAN PROPERTIES, INC R iF,I ITSF-:11 O c:1O a 0 t..., r SUBJECT PROPERTY sx I f�_� Legend Dooms (,,,,Sp Overlay Distrid � Nnapal Mend Master Street Plan m Knw Mefial Master Street Plan m m Couedw Freeway/E ResImay • • • • Ri We Cdeclw 0 100 200 400 600 800 Feet IN R i \ O � 4 ATTA L FLOODWAY SOOYEAR 100 YEAR --- LIMIT OF STUDY — — ' Oasel-me Profile O Fayetteville 0 O Wee city p Awwstseo ANX05-1581 One Mile View rr M SLOAN PROPERTIES, INC M RSFA RA RSF4 RA RSF4 w I i SUBJECT PROPERTY Pq Np 9 ' IRSFd \R$Fd ftSFd d w (1L b SFA 1 R d! RFd R A Qp RSF4 u RD IR-O RSfd� RSFd i SFd Rte• RSF4 C-1 C-1 RSFd Legend Boundary Master Street Plan Subject Property i—� � Planning Area Master Street Plan ANX05-1580 -00000, = Freeway/Expressway 00000oOvenay OistllCl m Principal Arterial Outside City m Minor Arterial Cdlector a 0 a 0 HIStenc colt or 00.126.25 0.5 0.75 1 iles RA OYAki0U leIJm: r Jeremy Pate Submitted By • _ I r City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 2 -Aug -05 City Council Meeting Date Planning Division Action Sm L Operations Department property located at Hunt Lane, South 16 East. The property is in the Planning Area and contains approximately 31.59 acres. The request is to annex the property into the City of Fayetteville. $0.00 Cost of this request n/a Account Number n/a Project Number Budgeted Item bepartmen Dir ctor City Attorne Category/Project Budget n/a Funds Used to Date �— n/a $ Remaining Balance Budget Adjustment Attached UPI Program Category / Project Name n/a Program / Project Category Name n/a Fund Name / S Previous Ordinance or Resolution # Date Original Contract Date: 7 _ [ f a � Original Contract Number: n/a n/a n/a �\ NORTHWEST ARKANSAS EDITION 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 PO# "` Publication Charge: $ ///- >y Subscribed and swom to before me this day of 12005. Notary. Public Sharlene D. Williams Notary Public My Commission Ei of Arkansas ommisslon Expires October 18, 2014 " Please do not pay from Affidavit. An invoice will be sent. in the regular editions on RECEIVED AUG 2,.9 2005 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ORDINANCE NO. 4741 AN ORDINANCE ANNEXING THAT PROPERTY 0 DESCRIBED IN ANNEXATION PETITION ANX 05- aye TT ///��� 1580 FOR PROPERTY LOCATED ATAINNi LANE, �/ ACRES IV ,I i 1� SOUTH OF HIGHWAY 16 FAST, CONTAINING LANE, (N1' `V `V ARKANSAS BE ITORDAINED BY IRIN! CRY COUNCIL OF THE CRY OF FAVB77EVILLE, AREANEAIL Section 1: That the City Council hereby confirms the annexation to the City of Fayetteville. Arkensss, of Chet property described! in E ribtt'A* attached hereto and made a Part hereof. . Section 2: That Me offlod map of the City of Fayetteville, Arkansas, is hereby amended to reflect the ehange provided in Section 1 above. Secion 3; That the of del zoning map of the Cityof Fayetteville, Arkansas Is hereby enrerrxled to assign the zoning des ginetlon of R -A, Residential Agnoultursl to the subject property. Section 4: That Me above -described property is hereby assigned to Were No. One. and APPROVED MIS 16th day of August. 2005. EXHIBIT 'A' ANX 05-1580 PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND A PART )UTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19; TOWNSHIP 16 HEAST QUARTER OF SOUTHEAST QUARTER AND RUNNING THENCE N89069'51 'I THENCE SOUTH 213.00 FEET, THENCE S00°09'05'E I k21.88 FEET, THENCE S8f 4 FEET, THENCE S39°59'23Yd 160 FEET, THENCE NORM 330.00 FEEL THENCE NB ₹ET THENCE N00°04'33'W 858.00 FEET, THENCE 589°59'31-W 422.46 FEET, XI'2i'W 120.06 FEET, THENCE WEST 212.00 FEET, THENCE NORTH 114.00 FEET, 25.68 FEET, THENCE NORTH 21294 FEETTO THE POINT OF BEGINNING, CONTAIN S, MORE OR LESS. P.O. BOX 1607 9 212 N. EAST AVENUE ' FAYETTEVILLE, ARKANSAS 72701 • 479-571-6470 WASHINGTON COUNTY STATE OF ARKANSAS G Washington County Courthouse 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, RECEIVED SEP 16 200 CITY CLERKS OFFICE I 0 RAYMOND Co SMITH, P.A. ATTORNEY AT LAW Barristers Place, Suite 11 70 North College Avenue Fayetteville, Arkansas 7z7o1-6101 October 4, 2005 Sondra Smith, City Clerk City of Fayetteville 113 W. Mountain Street Fayetteville, Arkansas 72701 Re: In The Matter of Annexation of Certain Lands To The City of Fayetteville, Arkansas Washington County Court Case No. CC 2005-12 Dear Madame Clerk: Telephone(479)521-7011 Fax (479)4434333 Toll Free 1-800-282-0168 Email rsmith701I@sbcglobal.net Enclosed is a file marked copy of the Order Confirming Annexation entered on October 4, 2005, in regard to lands located near Hunt Lane, south of Highway 45 East. which the City of Fayetteville by Ordinance 4741 confirmed annexation. Xcer y, aY : Smi Encl. RECEIVED 0CT 10 2005 CITY cLenic OEVI FFl Banisters Place, Suite 11 70 North College Avenue Fayetteville, Arkansas 72701-6101 Li� e; -9er.C,Li RAYMOND C. SMITH, P.A. w �' l ATTORNEY AT LAW April 19, 2005 Sondra Smith, City Clerk City of Fayetteville Administration Building 113 W. Mountain Street Fayetteville, Arkansas 72701 Re: Petition for Annexation County Court of Washington County, Arkansas Case No. 2005-12 Dear Madam Clerk: Telephone (479) 521-7011 FAX (479) 443-4333 Toll Free 1-800-282-0168 Email rsmith70ll@sbcglobal.net By this transmittal letter, I am serving a copy of the Petition for Annexation filed April 18, 2005, in the County Court of Washington County, Arkansas, Case No. CC 2005-12, along with a copy of the Order Setting Hearing, which sets the petition down for a hearing on May 23, 2005. Si and C. Smith Attorney at Law enclosures RECEIVED APR 2 0 295 CITY OF FAYE7FEVILLE CITY CLERK' OFFICE �<1 �a w J W ORDINANCE NO. 4741 AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 05-1580 FOR PROPERTY LOCATED AT HUNT LANE, SOUTH OF HIGHWAY 16 EAST, CONTAINING 31.59 ACRES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council hereby confirms the annexation to the City of Fayetteville, Arkansas, of that property described in Exhibit "A" attached hereto and made a part hereof. Section 2: That the official map of the City of Fayetteville, Arkansas, is hereby amended to reflect the change provided in Section 1 above. Section 3: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to assign the zoning designation of R -A, Residential Agricultural to the subject property. One. Section 4: That the above -described property is hereby assigned to Ward No. PASSED and APPROVED this 161h day of August, 2005. y� V�. v,c •,''f ;FAYETTEVILLE; r v J E � CO So1�i1A SMITH, City Clerk U � - a G N ]C APPROVED: By: DAN COODY, May I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Doe ID: 009064600002 TVDe: REL Recorded: 09/06/2005 at 09:58:33 An Fee Amt: 611.00 Pace 1 of 2 Washlnoton Countv. AR Bette 8taws Circuit Clerk FS1e2005-00039240 EXHIBIT "A" ANX 05-1580 A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 16 NORTH RANGE 29 WEST AND BEING MORE PARTICULARLY DESCRIBED FOLLOWS: BEGINNING AT A POINT WHICH IS SOUTH 343.33 FEET FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF SOUTHEAST QUARTER AND RUNNING THENCE N89°59'51 "E 1320.53 FEET, THENCE SOUTH 213.00 FEET, THENCE S00°09'05"E 1421.88 FEET, THENCE S89°59'23"W 662.14 FEET, THENCE S89°59'23"W 160 FEET, THENCE NORTH 330.00 FEET, THENCE N89°59'23"E 160 FEET, THENCE N00°04'33"W 858.00 FEET, THENCE S89°59'31"W 422.46 FEET, THENCE N00°00'27"W 120.06 FEET, THENCE WEST 212.00 FEET, THENCE NORTH 114.00 FEET, THENCE WEST 25.68 FEET, THENCE NORTH 212.94 FEET TO THE POINT OF BEGINNING, CONTAINING 31.59 ACRES, MORE OR LESS. EXHIBIT "B" AUTHORIZATION (SEE ATTACHED) PETITION FOR ANNEXATION PAGE 5