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HomeMy WebLinkAboutOrdinance 4754 EXHIBIT "A" ANX 05-1628 PARCEL: 001-11266-000 DEED: 2005-3737 PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 16 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS N87034'09"W 660.00 FEET FROM THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 25, AND RUNNING THENCE S02041 '50"W 660.72 FEET, THENCE N87032105 "W 198.00 FEET, THENCE NO204115011E 660.60 FEET, THENCE S8703410911E 198.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3 .0 ACRES, MORE OR LESS, SUBJECT TO EXISTING EASEMENTS AND RIGHT-OF-WAYS. SUBJECT TO AND HAVING RIGHTS TO A 30' WIDE ROAD WAY EASEMENT OVER AND ACROSS THE NORTH SIDE OF HEREIN DESCRIBED TRACT AS REFERRED TO IN WARRANTY DEED BOOK 1212 AT PAGE 442, WASHINGTON COUNTY, ARKANSAS. ALSO SUBJECT TO AND HAVING RIGHTS TO A 30' WIDE INGRESS AND EGRESS EASEMENT AS DESCRIBED IN WARRANTY DEED BOOK 97 AT PAGE 81630, WASHINGTON COUNTY, ARKANSAS. SUBECT TO EASEMENT, RIGHTS-OF-WAY, AND OTHER RESTRICTIONS OF RECORD, IF ANY. PARCEL: 001-11265-000 DEED: 97-81630 A PART OF THE NORTHWEST QUARTER (NW 1 /4) OF THE SOUTHEAST QUARTER (SE 1 /4) OF SECTION TWENTY-FIVE (25), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICURARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRACT, AND RUNNING THENCE WEST 660 FEET, THENCE SOUTH 660 FEET, THENCE EAST 660 FEET, THENCE NORTH 660 FEET TO THE POINT OF BEGINNING, CONTAINING 10 ACRES, MORE OR LESS. ALSO, ALL RIGHTS TO A 30 FOOT WIDE ROADWAY EASEMENT AS DESCRIBED IN RECORD BOOK 965 AT PAGE 239. ALSO, AN EASEMENT FOR INGRESS AND EGRESS AND UTILITY CONSTRUCTION FOR THE USE AND BENEFIT OF BOTH HERSHELL E. ROGERS AND RUBY L. ROGERS, HUSBAND AND WIFE, AND THOMAS R. AHREND AND SUSAN V. AHREND, HUSBAND AND WIFE, THEIR HEIRS AND ASSIGNS, OVER AND ACROSS THE FOLLOWING DESCRIBED LAND: A PART OF THE S 1 /2 OF THE NORTHWEST QUARTER (NW 1 /4) OF THE SOUTHEAST QUARTER (SE 1 /4) OF SECTION 25, TOWNSHIP 16 NORTH, RANGE 30 WEST, DESCRIBED AS BEGINNING AT A POINT WHERE THE NORTH LINE OF SAID 20 ACRE TRACT INTERSECTS AT THE EAST RIGHT OF WAY LINE OF THE COUNTY ROAD, THENCE EAST 962 FEET, THENCE SOUTH 30 FEET, THENCE WEST 962 FEET, THENCE IN A NORTHERLY DIRECTION TO THE POINT OF BEGINNING. SUBJECT TO RIGHT OF WAYS, EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. T Washington County, AR I certify this instrument was filed on 11 /10/2005 01 :03:44 PM and recorded in Real Estate File Number 2005.0005077 Bette Stamps - Circuit Cler by IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF THE PETITION OF CERTAIN o rn PROPERTY TOC. .THE CITY OF FAYETTEVILLE, a p' z z WASHINGTON COUNTY, ARKANSAS o _ No. ZB oc ) _ PETITION TO ANNEX TERRITORY TO '' z37 THE CITY OF FAYETTEVILLE WASHINGTON COUNTY ARKANSAS ; u i The Petitioners, Connie S. West, Don West, and Dewitt C. Goff, 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: l . That Petitioners collectively 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. Connie S. West and Don West own the real property designated by Washington County as parcel number 001 - 1 1265-000, and Dewitt C. Goffowns the real property designated by Washington County as parcel number 00 1 - 11266-000, which are the parcels set forth and described in Exhibit A. 2. The Petitioners name James E. Atwood, Attorney at Law, P.A. as the person 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. Page l of3 5. The Petitioners herein desire that the Real Property become part of the City of Fayetteville, Washington County, Arkansas, and Petitioners state that theywill do any and ell 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 this /o day of ✓/ , /1/' . 12005 . 14�11 ILUL Connie S. West N� Y SUBSCRIBED AND SWORN TO before me, a Notary Public, on this the _IQ dayof 2005. OFFICIALSEAL MELISSA O'KELLEY My Commission Expires: NOTARY PUBLIC•ARKANSAS WASHINGTON COUNTY MY COMM. EXPIRES 1 / 1712016 Don West �1SUBSCRIBED AND SWORN TO before me, a Notary Public, on this the day of 611 _, 2005. My Commission Expires: l 1� / � / �/ ( / � I I ' OFFICIAL SEAL 1 � II � I `) �L��/ 2[/lli tJ ��/III/y NOTARY PUBLIC-ARELISSA O'KELLEY KANSAS 7Vh WASHINGTON COUNTY MY COMM. EXPIRES 1 / 17/ 2010 Page 2 of3 De rtt C. Goff' SBSCRU� IBED AND SWORN TO before me, a Notary Public, on this the � D � day of b _, 2005. MyCom i on Expires: /O /a �3 /3 Page 3 o? IN THE COUNTY COURT OF WASHINGTON COUNT4Y C-1 _m IN THE MATTER OF: $ v c-3 _ rc— ANNEXATION OF CERTAIN LANDS TO THE y oACD CITY OF FAYETTEVILLE, ARKANSAS n C r L ~ o n rn NO. CC-2005-20 p r 2> r n p W ORDER OF ANNEXATION c' Now on this 13a' day of July, 2005, this cause comes on to be heard, the Petitioners, Connie S. West, Don West, and Dewitt C. Goff, who are represented by 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 10"i day of June, 2005 at which time this Court fixed the 13'' day of July, 2005, at 10:00 a.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. 'Che Court is satisfied that the allegations of the Petition are sustained by the proof, that the limits of the territory to be annexed have been properly filed; that the property owners have freehold interests in the property hereinafter described in the Petition and constitute the real owners of the area affected. 3 . The land proposed to be annexed to the City of Fayetteville, Washington County, Arkansas, in this cause is described on "Exhibit A" attached hereto. Page l of 2 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 Cityof 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. TI' IS SO ORDERED this day of jj::� 2005. 4ashion rable JerryHunton gton County Judge Page 2 of 2 1 PARCEL:: 001-11266-M DEED: 2005-3737 PART OF THE NORTHWEST QUARTER OF . . "' 0Q THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 16 NORTH, RANGE 30 WEST. c; y� BEING MORE PARTICULARLY DESCRIBED AS \ / c P r WHI CH IS N87034 .09'W BEGINNING A660. 00FEET FROM / - F THE /ON R'DGE NORTHWEST QUARTHE NORTHEAST TER OF NER TH THE, ' . o GUAR TER OF SAID SECTION 25, AND G-p 3 RUNNING THENCE S02041'50'W 660. 72 'l Nm FEET THENCE N870J2'054W 198. 00 FEET. THENCE N020410504E 660. 60 FEET THENCE Fiy k, :.a S870J4409 E 198. 00 FEET TO THE POINT •Y S N `� a W OF BEGINNING. CONTAINING J.0 ACRES, a\ FeR/�cF MORE OR LESS, SU3JECT To TING EASEMENTS AND RIGHT-OF-WAYS. � O E F ROAD SUBJECT TO AND HAVING RIGHTS TO A 30' WIDE ROADWAY EASEMENT OVER AND ACROSS THE NORTH SIDE OF HEREIN DESCRIBED TRACT AS REFERRED TO IN WARRANTY DEED BOOK 1212 AT PAGE 442, r` WASHINGTON COUNTY• ARKANSAS. ALSO SusJECT TO AND HAVING RIGHTS TOA 30' WIDE INGRESS AND EGRESS EASEMENT AS / DESCRIBED IN WARRANTY DEED BOOK 97 AT PAGE 81630, WASHINGTON COIM?Y, f' Trn�farcc« ARKANSAS. QS(RECT TO EASEMENT. RIGHTS-OF-WAY, AND OTHER RESTRICTIONS OF RECORD, IF o� ANY. PARCEL., 001-11265-000 DEED: 97-8/630 Q A PART OF THE NORTHWEST QUARTER (NW 2 O 174) OF THE SOUTHEAST QUARTER (SE 1/4) ti OF SECTION TWENTY-FIVE (25), TOWNSHIP F ( SIXTEEN (I6) NORTH, RANGE THIRTY (30) c WEST WASH/NG TON CO(MTY, ARKANSAS, BEING MORE PAR TICURARLY DESCRIBED AS f O Q a FOLLOWS, TO-WIr* BEGINNING AT THE NORTHEAST CORNER OF SAID 40 ACRE TRAC r, AND Q O 00 I FEET. THENCE NING THENCE WEST 660 ARCEL: 0 -1/266-000 SOUTH 660 FEET, THENCE Wo EAST 660 FEET, THENCE NORTH 660 FEET DEED: 200 - 7 TO THE POINT OF BEGINNING, CONTAINING J Ac.r /0 ACRES, MORE OR LESS. fIKtIF14EaM1lMIS ALSO, ALL RIGHTS TO A JO FOOT WIDE ROADWAY EASEMENT AS DESCRIBED IN PARCEL: 001-11265-0 0 RECORD BOOK 965 AT PAGE 239. 0 DEED: 970816JI zL•�•:...� nKt.Alt• - — — 10 AC. it ALSO, AN EASEMENT FOR INGRESS AND m EGRESS AND UTILITY CONSTRUCTION FOR Q THE USE AND BENEFIT OF BOTH HERSHELL E. ROGERS AND RUBY L. ROGERS, HUSBAND AND WIFE, AND THOMAS R. AHREND AND 0 SUSAN V. AHREND. HUSBAND AND WIFE, THEIR HEIRS AND ASSIGNS, OVER AND ACROSS THE FOLLOWING DESCRIBED LAND. A PART OF THE S I/2 OF THE NORTHWEST QUARTER (NW //4) OF THE SOUTHEAST L a GUAR TER (SE l/4) OF SECTION 25, TOWNSHIP /6 NORTH. RANGE JO WEST-, DESCRIBED AS BEGINNING AT A POINT :cked by /All VICINITY MAP WHERE THE NORTH LINE OF SAID 20 ACRE PMM TRACT INTERSECTS AT THE EAST RIGHT iionlal Scale: 1•=300' OF WAY LINE OF THE COUNTY ROAD, ical Scale: Na c" 2 THENCE EAST 96Z FEET THENCE SOUTH 13APfi0S JO FEET THENCE WEST 962 FEET THENCE IN A NORTHERLY DIRECTION TO )(Died Nun No., 0 i6, 695 i758ENGE NILIM INC. THE POINT OF BEGINNING. 'rojetl Number 05-022 2758 MILLENNIVM DRIVE Suite Y Siarls_ FAYETTEVILLE. ARKANSAS SUBJECT TO RIGHT OF WAYS, EASEMENTS PHONE: (479) 502-H2EI AND RESTRIC TIONS OF RECORD, 1F ANY. FAX: C479) 562-9254 IN THE COUNTY COURT OF WASHINGTON COUNTY IN THE MATTER OF: ANNEXATION OF CERTAIN LANDS TO THE CITY OF FAYETTEVILLE, ARKANSAS NO. CC-2005-20 ORDER OF ANNEXATION �� ' •�% �0 Ci C Now on this 13`h day of Jam, 2005, this cause comes on to be heard, the Peti4c*.Q Cowrie S. West, Don West, and Dewitt C. Goff, who are represented by James E Atwood,c ttp' ngy at haw, rr7 n > P.A., after announcing the hearing of the cause and there being no protests or objei1d7qs;c*hereUpon, ry 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 10'h day of June, 2005 at which time this Court fixed the 13th day of July, 2005, at 10:00 a.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, Arkansas, in this cause is described on "Exhibit A" attached hereto. Page 1 of 2 o 950 4. The area is not unusually large and it is coritiguous 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 72005 . he no ab e erry Hunton Washingtob County Judge Page 2 of 2 ON • CEL: 001-11266-000 DEED: 2005-3737 v I / PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 16 NORTH, RANGE 30 WEST, S 2 P" BEING MORE PARTICULARLY DESCRIBED AS Qy FOLLOWS, TO-WIT: BEGINNING AT A POINT C r WHICH IS N87'34 '090W 660. 00 FEET FROM / NORTHEASTTHE 5 0 E RIDGE �� NORTHWEST QUARTER OFT HE SOUTHEAST OARTER OF SAID SECTION 25, AND y� RUNNING THENCE S02041'50-W 660. 72 r I NF Q FEET, THENCE N87032'05'W 198. 00 FEET, THENCE N02041'500E 660. 60 FEET, THENCE ((5 S87034 '09'E 198. 00 FEET TO THE POINT y s r; oOF BEGINNING. CONTAINING 3. 0 ACRES, MORE OR LESS,0o FBS/OGF 0 F I' OAD W EASEMENTS AND RIJECT TO TING RIGHT-OF-WAYS. SUBJECT TO AND HAVING RIGHTS TO A 30' WIDE ROADWAY EASEMENT OVER AND HEREINACROSS THE NORTH SIDE OF DESCRIBED TRACT AS REFERRED TO IN WARRANTY DEED BOOK 1212 AT PAGE 442, �s WASHINGTON COUNTY, ARKANSAS. ALSO SUBJECT TO AND HAVING RIGHTS TO A JO ' WIDE INGRESS AND EGRESS EASEMENT AS DESCRIBED IN WARRANTY DEED BOOK 97 AT PAGE 81630, WASHINGTON COUNTY, ARKANSAS. anaw 1 Q SUBECT TO EASEMENT, RIGHTS-OF-WAY, AND OTHER RESTRICTIONS OF RECORD, IF O oT7 ANY. x O )5 ra � PARCEL: 001-11265-000 DEED: 97-81630 Q OQ rs A PART OF THE NORTHWEST QUARTER (NW O = 1/4) OF THE SOUTHEAST QUARTER (SE l/4) OF SECTION TWENTY-FIVE (25), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) _ p WEST, WASHINGTON COUNTY, ARKANSAS, F BEING MORE PAR TICURARLY DESCRIBED AS O O FOLLOWS, TO-WIT: BEGINNING AT THE NORTHEAST CORNER OF SAID 40 ACRE —�p TRACT, AND RUNNING THENCE WEST 660 r� FEET THENCE SOUTH 660 FEET, THENCE PARCEL: 0 -1IZ66-000 EAST 660 FEET, THENCE NORTH 660 FEET DEED: 200 - 7 TO THE POINT OF BEGINNING, CONTAINING 3 At.t /0 ACRES, MORE OR LESS. - r•�mmue onenrs ALSO, ALL RIGHTS TO A 30 FOOT WIDE °I ROADWAY EASEMENT AS DESCRIBED IN PARCEL: 001-1/265-0 0 RECORD BOOK 965 AT PAGE 239. DEED: 9708163/ 10 AC.t ALSO, AN EASEMENT FOR INGRESS AND .c EGRESS AND UTILITY CONSTRUCTION FOR O THE USE AND BENEFIT OF BOTH HERSHELL e E. ROGERS AND RUBY L. ROGERS, HUSBAND Q 5 AND WIFE, AND THOMAS R. AHREND AND �� 0 SUSAN V. AHREND, HUSBAND AND WIFE, THEIR HEIRS AND ASSIGNS, OVER AND ACROSS THE FOLLOWING DESCRIBED LAND: a A PART OF THE S 172 OF THE NORTHWEST r QUARTER (NW I/4) OF THE SOUTHEAST `L _ o QUARTER (SE //4) OF SECTION 25. '�I^revr�srvata -� TOWNSHIP 16 NORTH, RANGE 30 WEST, DESCRIBED AS BEGINNING AT A POINT Checked by. TAH VICINITY MAP WHERE THE NORTH LINE OF SAID 20 ACRE Drawn l : PMM TRACT INTERSECTS EE THE EAST RIGHT Dram by: Scale: P=)Otr OF WAY LINE OF THE COUNTY ROAD, Ho(izonVerlical Scale: Nac" 2 THENCE EAST 962 FEET, THENCE SOUTH Dale: 13APg05 30 FEET, THENCE WEST 962 FEET, THENCE IN A NORTHERLY DIRECTION TO PLAT PAGE No.: 607, 646 605 ENNINEERINO9 INCe THE POINT OF BEGINNING. H2 Plojecl Number: 05-022 2755 MILLENNIUM DRIVE sulto 1 SUBJECT TO RIGHT OF WAYS, EASEMENTS Revisions'. FAYETfEVILLE, ARKANSAS AND RESTRICTIONS OF RECORD, IF ANY. P Ff HOXONE:4 ((4747H9) 552- 2E1 ( 692-9264 � a 00 tisE°XXTq State of Arkansas � r Secretary of State Business & Commercial Services 682-3409 wap �y Elections 682-5070 Building & Grounds 682-3407 9XXgNSPg Communications & Education 683-0057 Stale Capitol Police 682-5173 Charlie Daniels Business office 682-8032 Secretary of State Information Technology 682.3411 November 22,2005 The Honorable Karen Combs Pritchard Washington County Clerk 280 North College Avenue, Suite 300 Fayetteville, AR 72701 Dear Ms. Pritchard: The Following Information has been recorded and filed in the Office of the Secretary of State: Two Annexations for the City of Fayetteville: Date: 11 / 18/2005 County: Washington City: Fayetteville Annexation: Ordinance No. Co. Order No. 4754 CC 2005 -20 4790 CC 2005- 23 Resolution No. — H Plat _ X Election - ((ANNEX ELECTION» Island - «ISLAND» Incorporation: Ordinance No. - ((DATE—FILED» Co. Order No. - ((INCCOORDNO» Plat ((INCPLAT» Election Census Information Ist Class City 2nd Class City Incorporated Town I have forwarded this information to the Arkansas Municipal League. If you have any further questions please do not hesitate to contact me at 1 -800-482- 1127 or 682- 3451 . Sincerely, REGENED Alesha L. Harris NOV 3 20U5 Election Services Representative CITY OF FAYE7EVILLE CITY CLERKS OFFICE Room 256 State Capitol • Little Rock, Arkansas 72201 - 1094 501 -682- 1010 • Fax 501 -682.3510 e-mail: arsos®sosmail.state.arus • www.sos.arkansas.gov