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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: SG% . (moi • ••'Q�N? ; Qe FAYETIEVILLE ; By. DAN COODY, Mayor �z • Ca .we .9QkANSP'J�'oc A TaESLU T sc s'.,;yj�yGTON Go c cc iiu�iiiuiuu. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII U � 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 O z Bette 6tamos Circuit Clerk w File CO 2005-00039242 W � 4 CCaZatS- fib s 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. r C� p E a u U.Jc ¢ U) a o J m li CO 2E O J O Z a U W = L W Q eov Y 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 Vy by 1 FROM ( FRI ) FEB 10 2006 14 : 39/ST. 14 : 38 /No . 6816796387 P 2 T. N_ _ A .rte O 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 m /� � /� 3 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 gl • o/ 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 " • qor` rA�nwt mr w+s t O OR oll � e MIRY ; ,. E , 1w 9 � 1w9 IiVN15Y1LLE RD`a AT M0. 10 EAST _�_.(L TIMEMIOMM 000 err s IILrAwr `— r II$ SII o 7 8 411 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 � shlras � o CO. Ar; : . 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. xa ' s3a 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 rn �^ in c NO. CC2005-16 v z c� o ca omo r- ORDER OF ANNEXATION m v 3 0 oc _ 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 d. - XHIBIT „ A „ _ v�ryK rAN'Trsw! an Wrs � ROAp NO. IB� �O z oYf sI = } ^ UNTpT p 064 y SII x E o AAT OIY 4YA t [T� 4 MUNTSNUI RD. � __ 1 - I ' -TATC MO. 1• CAST JLJ V LNIGNMA'f IA 7F` OA TRMe[ on ✓rs /�R/R�u[ urrs IF Ill all ,. rs>r W dull O 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 a 0 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 i City Council MeelOof August 16, 2005 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operation From: Jeremy C. Pate, Director of Current Planning Date: July 25, 2005 Subject: Annexation for Lane (ANX 05-1603) RECOMMENDATION Planning Staff recommends approval of the requested annexation submitted by Lane for approximately 5.3 acres located north of Huntsville Road. This action will incorporate the 5.3 -acre tract of land contiguous with the city limits into the City of Fayetteville. BACKGROUND The subject property contains approximately 5.3 acres and is located north of Huntsville Road (Hwy 16 East) and Deerfield Way Subdivision in southeast Fayetteville. The tract of property is within the Planning Area and adjacent to the City limits along the western and southern property lines where it abuts 53.8 acres of property recently annexed by the City of Fayetteville. The West Fork of the White River is located to the north of the property. At this time, the majority of the subject property is an excavated pit that will not be developed but utilized for detention, according to the applicant's representative. Annexation of the property will not create an island of unincorporated property or create a peninsula of City property. Water and sewer service and infrastructure shall be extended to the property 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 a small portion of the property 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. This item was heard at the regular Planning Commission on July 25, 2005. The Planning Commission voted 8-0-0 to forward this item to the City Council with a recommend of approval. BUDGETIMPACT None. x-16145 47 e%3 4VX elw A4W& f I] Lei 9711 t►`IFilaefBiQ[ea 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 CityYU Fayetteville, Arkansas,^is hereby amended to reflect the change provided in Section 1 above\ 7 Section 3: That the official zoning map &ifie .Gi'fy 6P'Fayetteville, Arkansas is hereby amended to assign the zoning designation of R=°A� rR\esidential Agricultural to the subject property. \♦y One. AT By: Section 4: That the above -described prop gy,isjhereby assigned to Ward No. PASSED and,, PPROVED this \ day of , 2005. SONDRA SMITH, City Clerk By: APPROVED: DAN COODY, Mayor i EXHIBIT "Al' 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 (W 1/4) CORNER OF SAID SECTION 20 AND CONTINUING THENCE S87°22'31"E 930.97 FEET TO' A POINT ON THE SOUTHERN BOUNDARY OF SAID NORTHWEST QUARTER (NW1/4), AND CONTINUING THENCE N02°40'06"E 350.01 FEET TO A POINT BEING THE INTERSECTION JQF THE EXISTING FAYETTEVILLE CITY LIMITS BOUNDARY AND THE W�ES•TERN BOUNDARY OF A PARCEL OF LAND DESCRIBED IN A WARRA'N�TY DEED FILED OF RECORD IN BOOK 1284, PAGES 240 AND 241 IN THE.GIREUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS, THENCE'CONTINUING N02°40'06"E 1441.44 FEET, THENCE N62°08'56"E 246.16 FEET a HENCE N53°32'58"E 213.11 FEET TO THE EAST BOUNDARY OF TH"4 WI% OF THE N U1'/4 OF SAID SECTION 20, THENCE ALONG SAID EAST BOUNDARY S02°32 4"W 224.64 FEET THE POINT OF BEGINNING. _ THENCE S87°12'14"E 524.04 FEET; THENCE S02°39'28"W 439.28 FEET;xK: THENCE N87°16'57"W 523.14 FEET; THENCE N02°32'24"E 440.00 (�DC=440:00) FEET TO THE POINT OF BEGINNING, CONTAINING 5.284 `ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. r� f 'I Mer[AwT le M 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: July 18, 2005 PC Meeting of July 25, 2005 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ANX 05-1603: (LANE (5A), 571): Submitted by MEL MILHOLLAND for property located at N OF HUNTSVILLE & HWY 16E, W OF DEERFIELD WAY. The property is in the Planning Area and contains approximately 5.28 acres. The request is to annex the subject property into the City of Fayetteville. Property Owner: FORREST & MOD YNE LANE 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 25, 2005—rcu-mb eA..rk'z %_0-1O CITY COUNCIL ACTION: Required 7 YES O Approved O Denied Date: August 16, 2005 (151 reading if recommended) BACKGROUND: Properly description: The subject property contains approximately 5.28 -acres owned by the Lanes. It is located north of Huntsville Road (Hwy 16 East) and Deerfield Way Subdivision in southeast Fayetteville. At this time, the majority of this property is an excavated pit that will not be developed, according to the applicant's representative. The tract of property is within the Planning Area and adjacent to the City limits along the western and southern property lines where it abuts property recently annexed by the City of Fayetteville. The West Fork of the White River is located to the north of the property. Proposal: The applicant proposes annexation of approximately 5.28 acres into the City of Fayetteville. K. Weporu11005PC Reporu107-25-05NNX 05-1603 (Lane (5A)).do I Recommendation: Staff recommends approval of the proposed annexation based on the findings herein. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North West Fork of the White River (one property removed); pasture Planning Area South Vacant/Pasture (PPL proposed) RSF-4, Res. Single Family —4 units/acre East Residential Single Family; Vacant/Pasture Planning Area West Vacant/Pasture (PPLproposed) RSF-4, Res. Single Family — 4 units/acre INFRASTRUCTURE: Streets: Traffic from the site will access East Huntsville Road to the south. Surrounding Master Street Plan Streets: South: Huntsville Rd (Principal Arterial), Mally Wagnon (Collector), Country Ridge and Deerfield Way (Local) Water: Public water is not adjacent to the site. There is an 8" main along East Huntsville Road and a 2" main along Mally Wagnon Road. Water service will need to be extended within the property at the time of development. Additional connections may be required to complete a looped system. A study of the water system shall be completed at the cost of the developer to confirm adequate supply and pressure. There are plans to improve the water system in this area, though the timing is not known. Sewer: The site is near sanitary sewer mains. A short off -site sewer main extension may be required to serve this development. A capacity analysis of the sewer lines and/or lift stations downstream of the site shall be conducted prior to development and at the cost of the developer. Fire: The subject property is located approximately 4.3 miles from the Fire Station #5. Response time to the property at maximum build -out is projected at approximately 8.25 minutes. Response time is projected at 6.25 minutes from the future Fire Station #3 at the Tyson complex on Huntsville Road. Police: It is the opinion of the Fayetteville Police Department that this annexation will not substantially alter the population density 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 K:1Reporn11005NC Repora107-15-05W NX 05-1603 (Lane (5A)).doc 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 and does not exacerbate problems created by the extension of peninsulas. In the 1960's, the City of Fayetteville annexed a peninsula of property to incorporate Lake Sequoyah, a primary water source, within the city limits. Since this time, the City has annexed several properties north and south of the 600' Huntsville corridor. The proposed annexation does not extend further north and only slightly farther east than the recently annexed property to which the subject property adjoins. Staff finds that the proposed annexation will not further exacerbate any problems associated with the current situation. 11.6.6 Proposed annexation area must be adjacent, or contiguous, to city limits. Finding: The proposed annexation area is adjacent to the City Limits to the south and west. 11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: This area is currently vacant at this time and located adjacent to property recently annexed into the City of Fayetteville and zoned RSF-4. The Planning Division has accepted a preliminary plat application for the subdivision of a portion of recently annexed property. The applicant intends to incorporate this property with surrounding City property for future development. There are several other subdivisions north and south of Huntsville Road further east and west of the subject 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. It is one tract removed from a natural barrier created by the White River. There are no planned crossings of the river in this area, which creates a natural boundary for development within this area. K. IRepons120051PC Repor&07-25-05WA'X05-/603 (Lane(5A)).doc �s 11.6.e Timing of services within annexation areas should be considered. Finding: Current conditions result in an anticipated response time of 8 minutes for fire protection from Fire Station #5. Response times are anticipated to be reduced by 2 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 and a large pit formerly utilized for excavation. Tree canopy is concentrated along the boundary of this property, skirting the edge of the pond. Development regulations within the City will ensure appropriate development and preservation of the existing natural features on the property. Development outside the city does not allow for the requirement of parks, open space or tree preservation. EMERGENCY AND PUBLIC SERVICES 11.6.g Public services must be able to be provided efficiently in newly annexed areas. Finding: It is the opinion of the Fayetteville Police Department that this annexation will not substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. 11.6.h Annexed areas should receive the same level of service of areas already in the city limits. Finding: Fire and police currently serve subdivisions further east of the subject property. Service shall be provided to this area with the same level of response and service as other developments in this area. 11.6.i The ability to provide public services should be evaluated in terms of equipment, training of personnel, number of units and response time. Finding: These factors were taken into consideration in the responses and recommendations included in this report. K:IReporaLW051PC Repora107-15-05NNX 05-1603 (Lane (5A)).doe i 1 INFRASTRUCTURE AND UTILITIES 11.6.j Areas currently served by utilities and other public services should be annexed. Finding: Water, fire and police protection are currently provided in the surrounding areas. The subject property is not being served by city utilities at this time. 11.61 Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. Finding: Improvements to sewer and street systems and installation of fire hydrants would be made necessary by the annexation should additional development occur on the subject property. At this time, the property is agricultural in nature. 11.6.1 Phased annexation should be initiated by the City within active annexation areas based on planned service extensions or availability of services. Finding: The proposed annexation is not part of a phased annexation initiated by the City, though it has been discussed as desirable for annexation in past task force meetings. It is located adjacent to an extension of City property along Huntsville Road. To expand the city limits in this area north towards the river will create a more appropriate City boundary and allow for development to occur under city guidelines. 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 owner requests annexation and request to rezone the portion of property deemed developable, approximately 1.63 acres, to RSF-4, Residential single family - 4 units/acre, while leaving the remainder R -A, Residential Agricultural. KARepor1sO005WC Repora107-15-05WNX05-/603 (Lane(5A)).doc 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 is anticipated, but 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 approximately 5.28 acres owned by the Lanes, and is adjacent to three tracts of property, containing 53.8 acres, recently annexed into the City of Fayetteville. The annexation of the subject property will further define the northern boundary of the City south of the West Fork of the White River, a natural boundary to the north. As additional petitions of annexation are submitted, the annexation of properties to create a city boundary which follows the existing natural barriers (i.e. the riparian corridors) and the existing streets will create an even more desirable city boundary. 11.6.t Conduct a fiscal impact assessments on large annexations. Finding: No fiscal impact assessment was conducted for this annexation of 5.28 acres. KARepor[v120051PC ReporaI07-75-05W NX 05-1603 (Lane (M)). doe 1 �) 1 From Fayeneville General Plan 2020 —1002 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.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 1 1.6.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. klReporrs11005PC ReporuI07-15-05WNX05-1603 (Lane(5A)).doc FAY I `EVILLE THE CRY OF FAYETTEVILLE, ARKANSAS July 18,2005 Jeremy Pate Director of Current Planning City of Fayetteville 125 W. Mountain St. Fayetteville, AR 72702 Dear Mr Pate: POLICE DEPARTMENT This document is in response to the request for a determination of whether the proposed ANX 00-1603 and subsequent RZN 00-1604 (Lane (5A), 571) submitted by Mel Milholland for property located north of Hunstville Road (HWY 16E) and west of Deerfield Way 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 the proposed rezoning 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. Sin ly, //^^ Lieutenant Rob Turberville Fayetteville Police Department FAYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 P.O. BOX 1988 JAIL: 140-A WEST ROCK STREET 72701 FAYETTEVILLE, ARKANSAS 72702-1988 PHONE: 479-5873555 FAX: 479-5873522 f z D D N N Z Z N z z z z x x o O O O O O O O m 0 0 0 0 0 0 0 J J J J J J J 3 v�rnmmwmrn r r r r N 0 N (n to J (D J (D J (D J (D J c (D (D cn cn cn cn G) c c D D D D w c 0 0 a w w > S S N 3 d m {m b CD U) � K O W < W E E m rn N N n W JC JC N OD Cn A aD OD CD 0 CO) °"H 3 J to J 3� c_ � 3 3 3 3 3 3 3 3 x CD(p N A CD G M. N N01 OD 0) do V m 9 N < Kit3 3 3 3 to J J J J J J _3.g J d m CD C m m m(D 3 CD m m m m m m d w w w w fn w w ry N m fi 0 O � N N J IV 0IJ NNN x�a a cn to Oi v, 3 m 3.333 3. o C J>>> C c03°—mon D y g z1 CD (D O (D N N N w w w w w w N 6 w m G O c DOD 9 N a zl" d O N mCO 0 D D y O c m o m w c 3z m a T a m m m m m _ W O 0000DDoD u oc m 3 zl�l� w D D 0 0 3 2 m wz 3 H o a I . �L c,) CoP'� 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 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 a part 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 l of 2 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 City of Fayetteville, Washington County, Arkansas, and to order such other relief as is appropriate under applicable law. Respectfully executed thisL:?--day of ,2005. 61 64r;:; I orrest E. Lane SUBSCRIBED AND SWORN TO before me, a Notary Public, on this the Z zday of 06 k 2005. [NOTARY MANDA J. TOLLEY My Commission Expires: NISI Z0I PUBLIC. ARKANSAS qnn,SHINGTON COUNTY uJL,I',Gl/1 ISSION EXP. 03H5/2015 11C(Z4ii�i- O! •a7 hie i e Modyn . Lane SUBSCRIBED AND SWORN TO before me, a Notary Public, on this the 2 z day of Yl k , 2005. My Commission Expires: fllb b 2DI'j Page 2 of 2 AMANDA J.TOLLEY NOTARY PUBLIC. ARKANSAS WASHINGTON COUNTY 'rXHIBIT "A" COUH � rAKrl[y{{[ bIY [Yn ROAD N0. 197 V LOX VA O ti0 OJ�� 'g I S l i a o 1^ o a o al<II I z III id L 3 Wb Y r Z Z m COUNTRY RIDGE 3 I s 4 mll C Z rAKrlE cE on im4 DANIT ;c s < STREET _ vU HUNTSWLLE RD. LJLNO. 16 HIGHEAST JL-" STHIGHWAY__ -fir-- --��— --- rc r"KnEigtE prr tY>s ' I l r � reKnE=a¢ pn imrs Ili n II iq �� il= AII ZI� U U {Q Fl rAKIlE�4LE b/Y Lm 3 p ZO ANNEXATION VICINITY MAP 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 (Wj) CORNER OF SAID SECTION 20 AND CONTINUING THENCE S87'22'31 "E 930.97 FEET TO A POINT ON THE SOUTHERN BOUNDARY OF SAID NORTHWEST QUARTER (NWJ), AND CONTINUING THENCE NO2 -40006"E 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 NO2'40'06"E 1441.44 FEET, THENCE N62'OB'56"E 246.16 FEET, THENCE N53'32'58"E 213.11 FEET TO THE EAST BOUNDARY OF THE NW} OF THE NWJ OF SAID SECTION 20, THENCE ALONG SAID EAST BOUNDARY S02'32'24"W 224.64 FEET THE POINT OF BEGINNING; THENCE S87'12'14"E 524.04 FEET; THENCE S02439'28"W 439.28 FEET; THENCE N87'16'57'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. OWNER: OWNER FORREST E. LANE (HUSBAND) HODYNEr L. LANE (WIFE) E-745 DATE: G DS DATE 1 10 A"X05-16°3 LANE (5A) One Mile View RSF-4 RSF-1 RSF-4 Overview Legend Boundary ry Master Street Plan Subject Property O -N" Planning Area Master Street Plan ANX05-1603 9000$ FreewaytiVressway '.J»0000 Overlay District c® Prinapal Arterial -_ Oulsine City a+m µnor Arterial ❑.--. Ctlleclor _ _ _ _ - --- • • • • Historic Cdlwtl 00,120.25 0.5 0.75 1 IN THE COUNTY COURT OF WASHINGTON COUNTY IN THE MATTER OF: ANNEXATION OF CERTAIN LANDS TO THE CITY OF FAYETTEVILLE, ARKANSAS S NO. CC2005-16 0 ORDER OF ANNEXATION `D cD Now on this 13'' day of June, 2005, this cause comes on to be heard, the Petitioners, Forrest' . Lane and Modyne L. Lane, who are represented by the Engineer of Record, Melvin Milholland, 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 documentary evidence having been adduced, the Court being well and sufficiently advised finds: The Petition in this cause was filed on the 5th day of May, 2005 at which time this Court fixed the 13`h day of June, 2005, at 10:00a.m., 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, Page I oft •1 1 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 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 Acct. 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 7 kvk-lk� 22005. ��<-� I \, e Ho)orabk Jerry Hunton Was rngton C unty Judge Page 2 of 2 :XHIBIT "A 1L'Tuvl aN I m FAKTIjy([ Fj �n. HUt.TSVILLE RD. gilrI FA mN(1((( O�� 1�1 r i yf IiZ V U Q r FA I{/R1I[! ON W 3 a I 0 TE ≥II C � °i'il II J mil HIGHWAY �� ANNEXATION VICINITY MAP d io C Z �� CUIT� ; c STREcr I30 NO. 16 EAST JLy U FAWNrN ON WR ANNEXATION DESCRIPTION: A PART OF THE NORTHWEST QUARTER (NW}) OF SECTION TWENTY (20), TOWNSHIP SIXTEEN (16) NORTH, RANGE TWENTY-NINE (29) WEST, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST QUARTER (Wk) CORNER OF SAID SECTION 20 AND CONTINUING THENCE S8T22'31"E 930.97 FEET TO A POINT ON THE SOUTHERN BOUNDARY OF SAID NORTHWEST QUARTER (NW}), AND CONTINUING THENCE NO2 -40.06"E 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 NO2'40'O6"E 1441.44 FEET, THENCE N62'08'56"E 246.16 FEET, THENCE N53'32'58"E 213.11 FEET TO THE EAST BOUNDARY OF THE NW} OF THE NW} OF SAID SECTION 20, THENCE ALONG SAID EAST BOUNDARY S02'32'WW 224.64 FEET THE POINT OF BEGINNING; THENCE S8T12'14"E THENCE 502'39'28"W THENCE NST16'57'W THENCE NO2'32'24"E CONTAINING 5.284 ACRES, 524.04 FEET: 439.28 FEET: 523.14 FEET; 440.00 (DC=440.00) FEET TO THE POINT OF BEGINNING. MORE OR LESS. WASHINGTON COUNTY. ARKANSAS. E-745 �-vtsEWEXHIBIT "A COVE FArrrremrc arr oars N=631910.9089 ,P ROAD NO. 197 E=69655A.8627� J fy`6� 4'p O r j� 696.99`x0 /,yf. L� aI I `I>II ,JIII �I I 3 x II 4 im OUNTRY RIDGE r I a3 I S 4 < Z _ I mlI D�A JIT,�J 3 O0. 13 L STREET 0LLh HONTSVILLE L I� �1 I NO. 16 EAST J w!0 RD. JJ---- _J lL Q STATE HIGHWAY FAI£Ir[{}((( P� FAWrlrN a" t/ n II= 0II- � III oll � OIIc <I (I FAWrr£N 0n laa I3 olEll � �II Io F Z y O O G Z ANNEXATION VICINITY MAP ANNEXATION DESCRIPTION: - A PART OF THE NORTHWEST QUARTER (NW}) OF SECTION TWENTY (20), TOWNSHIP SIXTEEN (16) NORTH, RANGE TWENTY-NINE (29) WEST, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST QUARTER (W4) CORNER OF SAID SECTION 20 AND CONTINUING THENCE S8722'31 "E 930.97 FEET TO A POINT ON THE SOUTHERN BOUNDARY OF SAID NORTHWEST QUARTER (NW}), AND CONTINUING THENCE NO2'40'O6"E 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 NO2 -40'06"E 1441.44 FEET, THENCE N62'OS'56"E 246.16 FEET, THENCE N5Y32'58"E 213.11 FEET TO THE EAST BOUNDARY OF THE NW} OF THE NW} OF SAID SECTION 20, THENCE ALONG SAID EAST BOUNDARY S02'32'24"W 224.64 FEET THE POINT OF BEGINNING; THENCE $87'12'14"E THENCE S02'39'28"W THENCE N87'16'57"W THENCE NO2'32'24"E CONTAINING 5.284 ACRES, 524.04 FEET; 439.28 FEET; 523.14 FEET; 440.00 (DC=440.00) FEET TO MORE OR LESS, WASHINGTON THE POINT OF BEGINNING, COUNTY, ARKANSAS. E-745 OWNER: ��' DATE+ 7117-4405 NLC, INC., CLINT MCDONALD r ` 1 �I IN THE COUNTY COURT OF WASHINGTON COUNTY IN THE MATTER OF: ANNEXATION OF CERTAIN LANDS TO THE CITY OF FAYETTEVILLE, ARKANSAS S rn � NO. CC2005-16 ' 2 z c� o = W m O © C3 r - ORDER OF ANNEXATION m 3 0 o � _ Now on this 13"' day of June, 2005, this cause comes on to be heard, the Petitioner, olrestT Lane co and Modyne L. Lane, who are represented by the Engineer of Record, Melvin Miltblland, 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 documentary evidence having been adduced, the Court being well and sufficiently advised finds: 1. The Petition in this cause was filed on the 5th day of May, 2005 at which time this Court fixed the 13`h day of June, 2005, at 10:00a.m., 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, Page 1 of 2 to - ► 31 t II 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 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 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, et seq., and this Order shall be duly recorded by the County Clerk of Washington County. IT IS SO ORDERED this /,:�/"N day of^— 2005. he on able Jerry Hunton ington County Judge Page 2of2 EXHIBIT "A" • COV lA YMFi an l/Mrs M>y NO. 7 a ROAO 19 4.0, GpJ o � o z , W <I O �I DI p z a > W l I < .= W q OUNTRY RIDGE y I oil l pAN o i _J 3 0 lA�rn� On �rs J � STREETREE T I ¢ HUNTSVILLE RD. NO. JLW u J STATE HIGHWAY 16 EAST W 1 ¢ !AI[!1£MtL O� F !AY£lIEYAIL O(Y LMR IF ll� 11= =11 0 ≤I LrAmrmO/Y[Ytl 3 U l l as _woII I ` Q r � c NO 0 ANNEXATION VICINITY MAP E-745 ANNEXATION DESCRIPTION: A PART OF THE NORTHWEST QUARTER (NW}) OF SECTION TWENTY (20), TOWNSHIP SIXTEEN (16) NORTH, RANGE TWENTY-NINE (29) WEST, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST QUARTER (W4) CORNER OF SAID SECTION 20 AND CONTINUING THENCE S8T22'31"E 930.97 FEET TO A POINT ON THE SOUTHERN BOUNDARY OF SAID NORTHWEST QUARTER (NWJ), AND CONTINUING THENCE NO2'40'06"E 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 NO2'40'O6"E 1441.44 FEET, THENCE N62'08'56"E 246.16 FEET, THENCE N53 -32'58"E 213.11 FEET TO THE EAST BOUNDARY OF THE NW} OF THE NW} OF SAID SECTION 20, THENCE ALONG SAID EAST BOUNDARY S02'32'24"W 224.64 FEET THE POINT OF BEGINNING; THENCE S87'12'14"E THENCE S02'39'28"W THENCE NBT16'57"W THENCE NO2'32'24"E CONTAINING 5.284 ACRES, 524.04 FEET; 439.28 FEET; 523.14 FEET; 440.00 (DC=440.00) FEET TO MORE OR LESS. WASHINGTON THE POINT OF BEGINNING, COUNTY. ARKANSAS. �a, X33 jCity of Fayetteville • Staff Review Form City Council Agenda Items or Contracts 16 -Aug -05 City Council Meeting Date Jeremy PatePlanning Operations Submitted By Division Department Action Required: ANX 05-1603: (Lane (5A), 571): Submitted by Mel Milholland for property located north of Huntsville Road (Hwy 16 East) and Deerfield Way. The property is located in the Planning Area and contains approximately 5.3 acres. The request is to annex the subject property into the City of Fayetteville. $0.00 Cost of this request n/a Account Number n/a Project Number Budgeted Item n/a Category/Project Budget n/a Funds Used to Date n/a $ Remaining Balance Budget Adjustment Attached Depa ment Dir ctor Date ZI-dJ City Finance and Mayor Director 8-3-D5 Date n/a Program Category / Project Name n/a Program/Project Category Name n/a Fund Name Previous Ordinance or Resolution # n/a Original Contract Date: n/a Original Contract Number: n/a Received in City Clerk's Office / DDate Received in Mayors Office EIITEREII . 7614 "S et I AFFIDAVIT OF PUBLICATION I, Erin Emis. do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: was inserted in the regular editions on PO# ** Publication Charge: $ /3 -, 9, Subscribed and sworn to before Sday of at My Commission me this 2005. ams wULMY rUUIIC State of Arkansas ExpireSmy('0M aissi9F; pires October 18, 2014 " Please do not pay from Affidavit. An invoice will be sent. SECEIUED AUG 2 q 2005 LE r� ctE %S OF IC P.O. BOX 1607 • 212 N. EAST AVENUE • EAYETTEVILLE. ARKANSAS 72701 • 479-571-6470 r AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 05- 1603 FOR PROPERTY LOCATED NORTH OF HUNTSVILLE ROAD "W 16 EAST) AND DEERFIELD WAY CONTAINING APPROXIMATELY 5.3 ACRES BE R ORDAINED BY THE CT' COUNCIL OF THE CRY OF PAYBTTEVILLE, ARKANSAS: That Iha CM C�l nemb7 contwns the emevetion to the City of Fayette ille, Arkaaaa, of ty described in &Nblt'A' ettacNed hereto and nestle a per: hereof. That ane ct fi map of Ne City of Fayette+Re. Arkaraas, is hereby amended to mll= the Mded in Section 1 above. That the official zonirlg reap of the City of FayettsWle. Arkansas a hDDabY anend8d to asslgn designation of R -A. Residannel Agnedej et to Va KlbjW property: . That the aboe-desatbed property is hereby assignee! to Ward No. One. APPROVED this 16th day of August, 2005. EIr DAN COODYt Mryor Sy. SONDRA SFARH, CHr Cla EXF41BU'A' ANX 05-1603 A PART OF THE NORTHWEST QUARTER (NW1/4) OF SECTION TWENTY (20). TOWNSHIP SDOEEN (16) NORTH, RANGE TWENTY-NINE (29) WEST, MORE PARRCULARLY DESCRIBED AS COMMENC- ING AT THE WEST QUARTER (W1/4) CORNER OF SAID SECTION 20 AND CONTINUING THENCE 587R2'31•E 930.97 FEET TO A POINT ON THE SOUTHERN BOUNDARY OF SAID NORTHWEST QUARTER (NW 1/4), AND CONTINUING THENCE N02.40.06•E 350.01 FEET TO A POINT BEING THE INTERSECTION OF THE DBSTING FAYETFPAI I E CITY UMFS 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, B -E 213.11 FEET TO THE FAST BOUNDA THENCE ALONG SAID EAST BOUNDARY BEGINNING NCE S87.12'14'E 524.04 FEET. NCE S02.39'28" 439.28 FEET: NCE N87°16'57'W 523.14 FEET: •I ' N 44 CE N02°32'24'E 0.00 IDC=440.00�'rEET TO THE POINT OF BEGINNING, CONTAINING KS, MORE OR LESS, WASHINGTON COUNTY. ARKANSAS. THE KAREN COMBS PRITCHARD COUNTY AND PROBATE CLERK 0 WASHINGTON COUNTY STATE OF ARKANSAS Washington County Courthouse 280 North College Avenue, Suite 300 Fayetteville, Arkansas 72701 Telephone: (479) 444-1711 Fax: (479) 444-1894 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 0 16 2005 CIT/ CLERK'S OFFICE ORDINANCE NO. 4743 AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 05-1603 FOR PROPERTY LOCATED NORTH OF HUNISVILLE ROAD (HWY 16 EAST) AND DEERFIELD WAY CONTAINING APPROXIMATELY 5.3 ACRES BE IT ORDAINED BY 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. That the above -described property is hereby assigned to Ward No. PASSED and APPROVED this 16th day of August, 2005. DAN GOODY, Mayor I IIIIIiI IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Doc ID: 009064630002 TVDe: REL Recorded: 09/06/2005 at 10:00:01 AM Fee Amt: $11.00 pace 1 of 2 Washlnoton Countv. AR Bette Stamoe Circuit Clerk F11e2005-00039242 t EXHIBIT "A" ANX 05-1603 A PART OF THE NORTHWEST QUARTER (NWl/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 S87°22'31"E 930.97 FEET TO A POINT ON THE SOUTHERN BOUNDARY OF SAID NORTHWEST QUARTER (NWl/4), AND CONTINUING THENCE N02°40'06"E 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 N02°40'06"E 1441.44 FEET, THENCE N62°08'56"E 246.16 FEET, THENCE N53°32'58"E 213.11 FEET TO THE EAST BOUNDARY OF THE NWl/4 OF THE NWl/4 OF SAID SECTION 20, THENCE ALONG SAID EAST BOUNDARY S02°32'24"W 224.64 FEET THE POINT OF BEGINNING; THENCE S87°12'14"E 524.04 FEET; THENCE S02°39'28"W 439.28 FEET; THENCE N87016'57"W 523.14 FEET; THENCE N02°32'24"E 440.00 (DC=440.00) FEET TO THE POINT OF BEGINNING, CONTAINING 5.284 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS.