HomeMy WebLinkAboutOrdinance 4743 ORDINANCE NO, 4743
AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED
IN ANNEXATION PETITION ANX 05-1603 FOR PROPERTY
LOCATED NORTH OF HUNTSVILLE ROAD (HWY 16 EAST) AND
DEERFIELD WAY CONTAINING APPROXIMATELY 5.3 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 16th day of August, 2005.
APPRO D:
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FAYETIEVILLE ; By.
DAN COODY, Mayor
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By U Doc ID : 009064630002 TVDe : REL
J O ._SMITH City Clerk Recorded : 09/06/2005 at 10 : 00 : 01 AM
Fee amt : $11 . 00 Paas 1 of 2
C0 d CD Washlnoton County . AR
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EXHIBIT "A"
ANX 05-1603
A PART OF THE NORTHWEST QUARTER (NW1/4) OF SECTION TWENTY (20),
TOWNSHIP SIXTEEN ( 16) NORTH, RANGE TWENTY-NINE (29) WEST, MORE
PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST QUARTER
(WI /4) CORNER OF SAID SECTION 20 AND CONTINUING THENCE S8702213111E
930.97 FEET TO A POINT ON THE SOUTHERN BOUNDARY OF SAID
NORTHWEST QUARTER (NWl /4), AND CONTINUING THENCE NO204010611E
350.01 FEET TO A POINT BEING THE INTERSECTION OF THE EXISTING
FAYETTEVILLE CITY LIMITS BOUNDARY AND THE WESTERN BOUNDARY
OF A PARCEL OF LAND DESCRIBED IN A WARRANTY DEED FILED OF
RECORD IN BOOK 1284, PAGES 240 AND 241 IN THE CIRCUIT CLERK'S OFFICE
OF WASHINGTON COUNTY, ARKANSAS, THENCE CONTINUING NO204010611E
1441 .44 FEET, THENCE N62008156"E 246. 16 FEET, THENCE N53032'58 "E 213 . 11
FEET TO THE EAST BOUNDARY OF THE NWIA OF THE NW1 /4 OF SAID
SECTION 20, THENCE ALONG SAID EAST BOUNDARY S0203212411W 224.64
FEET THE POINT OF BEGINNING;
THENCE S87012' 14"E 524.04 FEET;
THENCE S02039'28 "W 439.28 FEET;
THENCE N87016'57"W 523 . 14 FEET;
THENCE NO2032'24"E 440.00 (DC=440.00) FEET TO THE POINT OF
BEGINNING, CONTAINING 5 .284 ACRES, MORE OR LESS, WASHINGTON
COUNTY, ARKANSAS.
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Washington County, AR
I certify this instrument was filed on
09/06/2005 10:00:01 AM
and recorded in Real Estate
File Number 2005-00039242
Bette Stamps - Circuit Cl r
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FROM ( FRI ) FEB 10 2006 14 : 39/ST. 14 : 38 /No . 6816796387 P 2
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IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANS" P i"n
IN THE MATTER OF THE PETITION OF CERTAIN
PROPERTY TO THE CITY OF FAYETTEVILLE, .4m c^
WASHINGTON COUNTY, ARKANSAS z `^ x o
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NO. CC 9005 ' 110 P �
PETITION TO ANNEX TERRITORY TO
THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY. ARKANSAS
The Petitioners, Forrest E. Lane and Modyne L. Lane, hereby submit their Petition to annex
certain real property into the City of Fayetteville, Washington, County, Arkansas, pursuant to A.C.A. -
Section 14-40-601 , et. Seq. as follows:
1 . That Petitioners own- the real property described on the Plat Map, Exhibit "A".
attached hereto and made apart hereof(the "Real Property"), and said Real Property -
is situated in Washington County, Arkansas, and is contiguous with the City of
Fayetteville, Arkansas, and is within the City of Fayetteville, School District.
2. The Petitioners name Melvin Milholland, Clint McDonald, and James Atwood,
Attorney at Law, P.A. as the persons authorized to act on their behalf with respect to
this Petition.
3. The Petitioners desire that the Real Property become part of the City of Fayetteville,
Arkansas, and petitions the County Judge for annexation of the Real Property into the
City of Fayetteville.
4. 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. The Petitioners herein desire that the Real Property become part of the City of
Fayetteville, Washington County, Arkansas, and Petitioners state that they will do
Page 1 of 2
FROM ( FRO FEB 10 2006 14 : 39 /ST . 14 : 38/No. 6816796387 P 3
any and all legal acts necessary to accomplish the objective set forth herein.
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 described
Real Property into the Cityof Fayetteville, Washington County, Arkansas, and to order such
other relief as is appropriate under applicable law.
Respectfully executed thisx.s day Of ' s ,2005.
Otrest E. Lane
S SCRIBED AND SWORN TO before'me, a Notary Public, on this the Z Zday of
2005. OFFICIAL SEAL —
M Commission Expires: AMANDA J. TOLLEY
Y p 3I1sI ZUI s NO
PUBLIC . ARKANSAS
WASHINGTONCOUNTY
COMMISSION EXP. 03/151p2016�G
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Modyn , . Lane
SUPSCRIBED AND SWORN TO before me, a Notary Public, on this the 2 zZ day of
-/t�I7Yt 1 2005.
—�'�� OFFICIAL SEAL
My Commission Expires: 'j , I b 2UI'j AMANDA J. TOLLtY
NOTARY PUBLIC , ARKANSAS
WASHINOGN EXP. 03 N 016
Page 2 of 2
FROM ( FRI ) FEB 10 2006 14 : 39 /ST . 14 : 38 /No. 5816796387 P 4
• EXHIBIT " A " •
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ANNEXATION VICINITY MAP E - 745
ANNEXATION DESCRIPTION:
A PART OF THE NORTHWEST QUARTER (NWJ) OF SECTION TWENTY (20), TOWNSHIP
SIXTEEN (16) NORTH, RANGE TWENTY-NINE (29) WEST, MORE PARTICULARLY DESCRIBED
AS COMMENCING AT THE WEST QUARTER (W}) CORNER OF SAID SECTION 20 AND
CONTINUING THENCE S8722'31'E 930.87 FEET TO A POINT ON THE SOUTHERN
BOUNDARY OF SAID NORTHWEST OUARTER (NW]), AND CONTINUING THENCE NO2.40.06-E
350.01 FELT TO A PWM BEING THE INTERSECTION OF THE EXISTING FAYETTEVILLE CITY
LIMITS BOUNDARY AND THE WESTERN BOUNDARY OF A PARCEL OF LAND DESCRIBED IN
A WARRANTY DEED nLED OF RECORD IN .BOOK 1284. PACES 240 AND 241 IN THE _
CIRCUIT CLERK'S DIME OF WASHINGTON COUNTY. ARKANSAS. THENCE CONTINUING
NO2'401060E 1441 .44 FEET, THENCE N62'08'56'E 248. 16 FEET. THENCE 14153'32'50T
213.11 FEET TO THE EAST BOUNDARY OF THE NWj OF THE NW} OF SAID SECTION 20.
THENCE ALONG SAID EAST BOUNDARY S07320241V 224.64 FEET THE POINT OF
BEGINNING:
THENCE SBT120140E 524.04 FEET:
THENCE S0739'28V 438.28 FEET:
THENCE NBT 16'57 W 523.14 FEET:
THENCE NOT32'240E 440.00 (DC-440.00) FEET TO THE POINT OF BEGINNING,
CONTAINING 5.284 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS.
FROM ( FRI ) FEB 10 2006 14 AUST . 14 : 38 /No. 6816796387 P 8
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
FILED
In re:
1005 WR 4 RSI lQ u7
ANNEXATION OF PROPERTY CONTIGUOUS
TO THE CITY OFFAYETTEVILLE, ARKANSAW.) CO&IDS PRIT0NCaseNo. 2003-7
; C. Fc Pi; OBATE
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ORDER OF ANNEXATION
Now on this day of April, 2005, the Petition for Annexation of Property
contiguous to the City of Fayetteville, filed -by lack Haynes and Joan Haynes, comes on for
hearing and the same is submitted to the Court upon said Petition, proof of publication of notice,
testimony before the Court, and other evidence Presented; from all of which the Court finds:
1 . That the Petition for Annexation of Property Contiguous to the City of
Fayetteville was duly filed in- the office of the County Clerk of Washington County, Arkansas,
and that an Order was made fixing the time and place for a hearing on said Petition at this date
and time in the County Court of Washington County, Arkansas.
2. That legal notice of the hearing was given as required by law and such notice of
the hearing was published-once-a week for three consecutive weeks in the Arkansas Democrat-
Gazette/Northwest Arkansas Times, a newspaper published in Washington County, Arkansas.
Proof of publication has been made and filed with the Clerk of this Court.
3 . That the Petitioner is the owner of the property to be annexed.
4. 'chat the owner of the proposed annexed area shall derive substantial benefit from
the annexation.
5. That the area to be annexed is part of the growth arca of Fayetteville, Arkansas
and the extension of the corporate boundaries is a realization ot-the natural growth of the City of
Fayetteville.
6. That the lands to be nnnexed are contiguous to and adjoin the City of Fayetteville.
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FROM ( FRI ) H8 10 2006 14 : 40 /ST . 14 : 38 /No . 6816796387 P 9
7. That the City Council of the City of Fayetteville, Arkansas, shall, according. to
Arkansas Code Annotated g 14-40-605 accept the annexation by ordinance.
8. That the legal description of the lands to be annexed is that property situated in
Washington County, Arkansas; to-wit:
That part of the Northwest Quarter of the Northwest Quarter of
Section 32, Township 17 North, Range 30 West, more fully described
as follows: Beginning at the southeast corner of said NW 1 /4 NW 1/4
and run thence North 87°36'20" West along the south line of said NW
1/4 NW 1 /4 for 662.41 feet; thence North 3°10;'04" East for 821 .23
feet to a point in the center of Washington County Road No. 94 (Weir
Road); thence North 79°45'52" East along the centerline of said
Washington Cnunty Road No. 94 for 20.56 feet; thence South
3° 10'04" West leaving said centerline for 402.30 feet; thence North -
90'00'00" East for 289.26 feet to a point that is 347.66 feet west of
the east line of said NW 1 /4 NW 1 /4 ; thence North 2°21 ' 10" East for
453.65 feet to a point in the center of said Washington County Road
No. 94; thence North 7945'52" East along the centerline of said
Washington County Road No. 94 for 355 .92 feet to a point on the east
line of said NW 1/4 NW '/4 that is 353 .33 feet South 202110" West
from the Northeast corner of said NW 1/4 NW ''/.; thence South
2°21 ' 10" West along the east line of said NW 1/4 NW '/. for 966.95
feet to the point of beginning, containing 10.66 acres more or less.
9. That the lands to be annexed have been accurately described and an accurate map
thereof made and filed with this Court and the prayer of the Petitioner is right and proper.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that
the above-described lands be and hereby are, annexed to and hereby made a pan of the City-of
Fayetteville; Washington County, Arkansas.
H O BLE JERRY HUNTON, COUNTY JUDGE
522120. 1 :222101 :00150
2
FROM ( FRO FEB 10 2006 14 : 39 /ST. 14 : 38/No. 6816796387 P 5
• •
IN THE COUNTY COURT OF WASHINGTON COUNTY
IN THE MATTER OF:
ANNEXATION OF CERTAIN LANDS TO THF,
CITY OF FAYETTEVILLE, ARKANSAS
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NO. CC2005-16 v z
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ORDER OF ANNEXATION m v 3 0
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Now on this 13'h day of June, 2005, this cause comes onto be heard, the PetitionerfW"i esti Lane
N Z� Cn
and Modync L. Lane, who are represented by the Engineer of Record, Melvin Millstilland, Clint
McDonald, and James E Atwood, Attorney at Law, P.A., after announcing the hearing of the cause
and there being no protests or objections, whereupon, the matter is submitted to the Court upon the
Petition filed herein, and the oral and docttmeniaryevidence having been adduced, the Court being
well and sufficiently advised finds:
I . The Petition in this cause was filed-on the-5th day of May, 2005 at which time this
Court fixed the 1P day of June, 2005, at I0:00a_at_, as the date and time of bearing
for said cause, and that a full notice of this hearing was given as required by law and
the proof of publication-ofsaidnotice 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 intcrests-in-the property hereinafter described in the
Petition and constitute the real owners of the area affected.
3 . The land proposed to be annexed to the City of Fayetteville, Washington County,
Page I of 2
FROM ( FRI ) FFB 10 2006 14 : 40 /ST . 14 : 38 /No. 6616796387 P 6
Arkansas, in this cause is described on "Exhibit A" attached hereto.
4. The area is not unusually large and it is contiguous and adjacent to and adjoins the
present corporate limits of the City of Fayetteville, and it is adapted for urban
purposes and this territory should be annexed to and made a part of the City of
Fayettcvillei Arkansas. ,
IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that the aforesaid
real estate situated in Washington County, Arkansas, is hereby annexed to and made a part of the
City of Fayetteville, Arkansas, in accordance with Acct. No. I 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 , ct scq., and this Order shall
be duly recorded by the County Clcrk of
Washington County.
1T ISSO ORDEREDi /�`this � day of 2005.
he one able Jerry Hunton
»ngton County Judge
Page 2 of 2 .
FROM ( FRI ) FEB 10 2006 14 : 40 /ST . 14 : 38 /No. 6816796387 P 7
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ANNEXATION VICINITY MAP E - 745
ANNEX NIN DESCRIPTION_
A PMT OF THE NORTHWEST OUARTER (NW}) OF SECTION TWENTY (20), TOWNSHIP
SIXTEEN (16) NORTH. RANGE TWENTY-NINE (29) WEST, MORE PARTICULARLY DESCRIBED
AS COMMENCINC AT THE WEST OUARTER (WI) CORNER OF SAID SECTION 20 AND
CONTINUING THENCE S8722'31 "E 930.97 FEET TO A POINT ON THE SOUTHERN
BOUNDARY OF SAID NORTHWEST OUARTER (NWI). AND CONTINUING THENCE NO2-46'OVE
.LE CITY
MITSI BOUNDARYFEET TO AANDINT THE WING THE ESTERN BOUNDECTION ARY OF A PARCEL EXISTING
LANDYD SCR BED IN
A WARRANTY DEED FILED OF RECORD IN BOOK 1284. PAGES 240 AND 241 IN THE
CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS. THENCE CONTINUING
NO2'40'060E '1441 .44 FEET. THENCE N82008'SVE 246.16 FEET. THENCE N53732' S8"E
213. 11 THENCE AY E LONG SAID EAST BOUNDARY S02'32 24'W 224 64FEET HE POINTE2D,
NWI OF SAID OF ON
BEGINNING;
THENCE SST12' 14"E 524.04 FEET:
THENCE S02w390WW 439.28 FEET:
THENCE NBT16'57'W 523.14 FEET:
THENCE NO2' 32'24"E 440.00 (DC=440.00) FEET TO THE POINT OF BEGINNING,
CONTAINING 5.284 ACRES. MORE OR LESS, WASHINGTON COUNTY. ARKANSAS.
� a - 133
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RE ^� State of Arkansas
Secretary of State
d6 > Business & Commercial Services 682-3409
CITY of FAYE7 ` .; V lElections 682-5070
MAYOR'S oFFiCE Building & Grounds 682-3407
gAKANSPs Communications & Education 683-0057
State Capitol Police 682-5173
Charlie Daniels Business office 682.8032
Secretary of State Information Technology 682-3411
September 20, 2005
The Honorable Karen Combs Pritchard
Washington County Clerk
280 North College, Suite 300
Fayetteville, AR 72701
Dear Ms. Pritchard:
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
Resolution No. —
Plat - X
Election - <(ANNEX ELECTION )
Island - «ISLAND»
Incorporation: Ordinance No. - ((DATE_FILED>>
Co. Order No. . <<INCCOORDNOv
Plat «INCPLATv
Election
Census Information
Ist Class City
2nd Class City
Incorporated Town
1 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,
RECEIVED
alesarris
Election Services Representative SEP ? 2 2
0 )5
Room 256 State Capitol • Little Rock, Arkansas 72201 . 1094 CIN OF CLERK'S
2 ILLE
P CITY CLEERK'S OF ICE
501 -682- 1010 9 Fax 501 .682351 O
e-mail: arsos®sosmail.state.ar.us • www.sos.arkansas.gov