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
g16P.
City Council Meeting of September 6, 2005 �,��`''//,1_
Agenda Item Number
Aafr/ -/
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: August 15, 2005
Subject: Annexation for Lamberth-Carlton (ANX 05-1628)
RECOMMENDATION
The Planning Commission voted to recommend approval of the subject annexation
request submitted by H2 Engineering, Inc. for approximately 13.00 acres of property
located east of Dead Horse Mountain Road. This action will incorporate the 13.00 -acre
tract of land contiguous with the city limits into the City of Fayetteville.
BACKGROUND
The subject property contains approximately 13.00 acres and is located east of Dead
Horse Mountain Road. The tract of property is within the Planning Area and is
surrounded by the City limits to the north, east, and west. The property is wooded and
lies at the base of Stonebridge Mountain. 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. The
applicant intends to develop the property for residential use within the City of
Fayetteville and has proposed a Residential Planned Zoning District. 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.
DISCUSSION
This item was heard at the regular Planning Commission on August 8, 2005. The
Planning Commission voted 8-0-0 to recommend this rezoning request to the City
Council.
BUDGET IMPACT
None.
it U I) W, ►[t11 YS]l
AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED
IN ANNEXATION PETITION ANX 05-1628 FOR PROPERTY
LOCATED EAST OF DEADHORSE MOUNTAIN ROAD,
CONTAINING 13.00 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" atat\ed hereto and
made a part hereof. \
Section 2: That the official map of the
amended to reflect the change provided in Secti
Section 3: That the official zoning map
hereby amended to assign the zoning designatioi
subject property. .
One.
Section 4: That the
tyiof Fayetteville, Arkansas�is hereby
1 bove
if'the�City of'Fayetteville, Arkansas is
of R-A`Residential Agricultural to the
assigned to Ward No.
PASSED and/APPROVED this \ \ day of , 2005.
ATTES
By:
SONDRA SMITH, City Clerk
By:
APPROVED:
DAN COODY, Mayor
S
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 N87°34'09"W 660.00 FEET FROM THE NORTHEAST CORNER OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 25, AND
RUNNING THENCE S02°41'50"W 660.72 FEET, THENCE N87°32'05"W
198.00 FEET, THENCE NO2°41'50"E 660.60 FEET, THENCE S87°34'09"E 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 ROADWAY 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 RI;GHTS'T0 A 30'\WIDE
INGRESS AND EGRESS EASEMENT AS DESCRIBED IN WARRANTY DEED'BOOK 97
AT PAGE 81630, WASHINGTON COUNTY, ARKANSAS.\\ 2/
\\ /\
SUBECT TO EASEMENT, RIGHTS -OF -WAY, AND OTHER RESTRICTIONS OF
RECORD, IF ANY. ^ ��
PARCEL: 001-11265-000 DEED: 97-8i
A PART OF THE NORTHWEST QUARTE
(SE I/4) OF SECTION TWENTY�FIVE G
THIRTY (30) WEST, WASHINGTON CO
PARTICURARLY DESCRIBED AS' FOLLO
ST CORNER OF SAID 40 ACRE/TRACT.
FEET, THENCE SOUTH.:66O FEET,�THE
FEET TO THE POINT OF, BEGI NINE,
LESS.
J,I/4)-OF THE SOUTHEAST QUARTER
DWNSHI/SIXTEEN (16) NORTH,RANGE
ARKANSAS, BEING MORE
0 -WIT: BEGINNING AT THE NORTHEA
RUNNING THENCE WEST 660
EAST 660 FEET, THENCE NORTH 660
AINING 10 ACRES, MORE OR
ALSO, ALL RIGHTS TO A\30 FOOT'WIDE ROADWAY EASEMENT AS DESCRIBED
IN RECORD. BOOK 965 ATI\PAGE 239.
ALSO, AN EASEMENT FOR INGRESS AND EGRESS AND UTILITY
CONSTRUCTION;FOR/THE USE AND BENEFIT OF BOTH HERSHELL E. ROGERS AN
D RUBY L. ROGERSHUSBAND 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 112 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.
Tayeevile
ARKANSAS
PC Meeting of August 08, 2005
THE CITY OF FAYErITEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: August 2, 2005
ANX 05-1628: Annexation (LAMBERTH-CARLTON INVESTMENTS, 685): Submitted
by H2 ENGINEERING, INC. for property located E OF DEADHORSE MTN RD. The property
is in the Planning Area and contains approximately 13.00 acres. The request is to annex the
subject property into the City of Fayetteville.
Property Owner: LAMBERTH-CARLTON Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the requested annexation based on the findings included as
part of this report:
\i V lT 111 aL3IJ1 VlVAV 11V1♦ nClt UIIU
V FS- i
> Approved . Denied
O
Date Au$"s 08; 200°5� `>> ' `
y1y o
r{ T^cxi w r _ 'f}tiVU ^-h, t�J tVVV 6 y *
e ct.
CITY COUNCIL ACTION: Required YES
O A prov
it Y Ji wh i+.� RP ed. �. O Denied �� a
Date tSe' tember 06 F2005` lst:readm ifirecornmended e
,
BACKGROUND:
Property description: The subject property contains approximately 13 acres located east of Dead
Horse Mountain Road. The property is fully wooded and lies at the base of Stonebridge
Mountain. It is currently within the Planning Area and surrounding by the city limits to the
north, east and west.
Proposal: The applicant proposes annexation of approximately 13 acres into the City of
Fayetteville.
Recommendation: Staff recommends approval of the proposed annexation based on the findings
herein.
K:lRuporal2005V'C Reportsl08-o8.05LINX 05-1628 (Lamberth-Carlion Inveuments).doc
SURROUNDING LAND USE AND ZONING
Direction
Land Use
Zoning
North
Stonebridge Meadows Golf Course
R -A, Residential Agricultural
South
Vacant
Planning Area
East
Vacant
R -A, Residential Agricultural
West
Vacant
R -A, Residential Agricultural
INFRASTRUCTURE:
Streets: The site would have access to Dead Horse Mountain Road, a minor arterial. Off -
site improvements to Dead Horse Mountain Road are currently being evaluated by
staff.
Surrounding Master Street Plan Streets:
South: Dead Horse Mountain Road (Minor Arterial)
Water: Public water is near to the site. There is a 6" waterline along Dead Horse
Mountain Road to the west. Water service will need to be extended at the cost of
the developer within the property at the time of development connecting within
the proposed development to the east to make a looped system. There are no
planned long range improvements for the water system in this area.
Sewer: Sanitary sewer is not adjacent to the site. Sewer service will need to be extended
at the cost of the developer within the property at the time of development. A
downstream study of the sanitary sewer system shall be complete by the developer
prior to submittal of construction plans.
Drainage: The site is mostly on a hillside of mostly areas that contain 15% or greater slopes.
Runoff from the site flows overland to the west to an existing swale and then
north to a tributary of the West Fork of the White River.
Fire: The subject property is located approximately 3.5 miles from the Fire Station #5.
Response time to the property at maximum build -out is projected at
approximately 8 minutes. Response time is projected at 5 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
have a negligible impact on both the population density and traffic congestion for
the surrounding areas.
LAND USE PLAN: General Plan 2020 identifies the portion of this property within the
Planning Area as Residential.
K:IReports120051PC Reports108-08-051ANX05-1628 (Lamberth-Carlton Jnrestments).doc
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
or a peninsula. It will "fill in" the city limits where the existing property is
currently bordered by the city limits in three directions.
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, cast
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 zoned
R -A, Residential Agricultural. The owner of this property has proposed a
Residential Planned Zoning District for this property combined with an
additional 123 acres. 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.
I l .6.d Boundaries for annexed areas should follow natural corridors.
Finding: Proposed boundaries follow property lines of the existing parcels.
1 1.6.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 he
reduced by 3 minutes with the construction of a new fire station on
Huntsville Road at the Tyson Plant. 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.
K:I Reports12005tPC ReportsI08-08-05WNX 05-1628 (Lamberth-Carlton Investments).doc
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. It is located adjacent to an extension of City property and in close
proximity to a large area of property west of Dead Horse Mountain Road
that was recently annexed by the City of Fayetteville. To expand the city
limits to the south in this location 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
1 1.6.n Establish agreements to address regional concerns, such as water, stormwater and
sewer.
Finding: N/A
ADMINISTRATION OF ANNEXATIONS
I I.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, but does not request to rezone the
property at this time. The applicant has submitted an R-PZD for development
of this property in conjunction with an additional 123 acres to the east.
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.
I I.6.q Development proposals require a separate review from the annexation proposals.
Finding: Development of this property is anticipated and has been proposed as an R-
PZD. This development shall be reviewed by both the Planning Commission
and City Council for compatibility and appropriate density, use, etc.
I I.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.
K:IReports120051PC Reportsl08-08-05UNX 05-1628 (lamberth-Carlmn Investments). doe
• ) •
Finding: The property is forested and located at the base of Stonebridge Mountain.
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
have a negligible impact on both the population density and traffic congestion
for the surrounding areas.
11.6.h Annexed areas should receive the same level of service of areas already in the city
limits.
Finding: The property surrounding the subject property is within the City and within the
service limits of the fire and police. Service shall be provided to this area with
the same level of response and service as other developments in this area.
.Future development of this and surrounding properties will increase the
number of responses emergency services have to this property.
1 1.6.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.
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.
1 I.6.k Proposed annexation areas should not require the upgrading of utilities to meet the
demands of development unless there is a threat to public safety.
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.
K:Weports12005PC Reports108-08-05UNX 05-1628 (Lamberth-Carlton Investments).doc
1 1.6.w Encourage larger annexations to create acceptable boundaries.
Finding: This annexation consists of approximately 13 acres and is adjacent to city
property to the north, east and west. The annexation of the subject property
will further define the southern boundary of the City.
11.6.t Conduct a fiscal impact assessments on large annexations.
Finding: No fiscal impact assessment was conducted for this annexation of 13 acres.
K: I Reports120051PC Reports l08-08-05 ANX 05-1628 (amberth-Carton Investmentr).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.
1 I_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.
1 I.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
1 1.6.j Areas currently served by utilities and other public services should be annexed.
11.6.k Proposed annexation areas should not require the upgrading of utilities to meet the
demands of development unless there is a threat to public safety.
1 1.6.1 Phased annexation should be initiated by the City within active annexation areas based on
planned service extensions or availability of services.
Intergovernmental Relations
I I.6.m Promote long-range planning with adjacent jurisdictions.
1 I.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer.
Administration of Annexations
1 1.6.o Designate zoning districts for the property during the annexation process.
I I.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.
I I.6.r Residents should be fully informed of annexation activities.
I I.6.w Encourage larger annexations to create acceptable boundaries.
I I.6.t Conduct a fiscal impact assessments on large annexations.
K:IReporb120051PC Reportsl08-08-05UNX 05-1628 (Lamberth-Carhon lnvestments) .doc
FAQ ithEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
July 29, 2005
Jeremy Pate
Director of Current Planning
125 W. Mountain Street
Fayetteville, AR 72702
Mr Pate:
r
This document is in response to the request for a determination of whether the proposed
ANX 05-1628 (Lamberth-Carlton Investments, 685) submitted by submitted by H2
Engineering Inc. for property located east of Deadhorse Mountain Road 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 this annexation will have a
negligible impact on both the population density and traffic congestion for that area.
Sincerely,
Lieutenant Rob Turberville
Fayetteville Police Department
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
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113 W. Mountain Si.
Fayetteville, AR 72701
Telephone: 479-575-8267
PLANNING DIVISION CORRESPONDENCE
TO: GIS
FROM: Jan Gambill, Senior Planning Clerk V' /p „ £21'c
DATE: v
SUBJECT: Legal check for planning project 1f60 ,05— L U
Project Name: . L �Li�t v� U �`� V l�}l Return by:
Parcel: y3j +-1122 / V�J
Plat Page#: Current Zoning:
Section: j Proposed Zoning:
Township: t 10
Range: 377
Submittal: 1st 2nd 3rd
Closure error I comments: 21' -
Has the applicant been contacted with requested revisions:
Checked by:
Date shape file was created:
247 .2005
YES NO
in
LAMBERTH-CARLTON INVESTMENTS, LLC - 13 ACRES
ANNEXATION SUBMITTAL
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 N87°3409"W 660.00 FEET FROM THE
NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 25, AND RUNNING THENCE S02°41'50"W 660.72 FEET, THENCE N87°32'05"W
198.00 FEET, THENCE NO2°41'50"E 660.60 FEET, THENCE S87°34'09E 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 I/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 I/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.
EXHIBIT "A"
At EN61NEeR4NG
ENGINEERING, INC.
June 29, 2005
Planning Division
City of Fayetteville
125 West Mountain
Fayetteville, AR 72701
RE: LAMBERTH-CARLTON INVESTMENTS LLC -13 ACRES
REQUEST FOR ANNEXATION
To whom it may concern:
The property owners for the above referenced project are Dewitt Goff (Parcel # 001-
11266-000) and Don and Connie West (Parcel #001-11265-000). The property is
located in southeast Fayetteville, approximately 480 feet east of Dead Horse Mountain
Road and 0.9 miles south of the intersection of Goff Farm Road.
The proposed annexation area is contiguous to a 123 -acre parcel being considered for
development. This 13 -acre parcel will be integrated into the master development plan of
the adjacent property. The property is contiguous to Fayetteville City Limits along the
north, east, and west boundaries of the parcels. The subject property is bound by
undeveloped properties to all sides.
Respectfully,
ipp H arne, P.E.
2758 Millennium Drive Suite 1 Fayetteville, Arkansas 72703 Phone: 479.582.H2E1 Fax: 479.582.9254
ANX05-1628 LAMBERTH-CARLTON INVESTMENTS
Future Land Use
Overview Legend
_ ----- Subject Property Boundary Master Street Plan
ANX05-1628 �J Freeway/Expressway
p Planning Area
&oo0a d Principal Arterial
Streets o o Overlay District 0000°O 000000 \I MinorArterial
<N. Existing I IOutside City
le Collector
Planned
•• Historic Collector
0 100 200 400 600 800
Feet
S
Overview
L nj
Legend
I® ANX05-1628 OvenayOisort a!i PnnppaI Arlenal — FLOODWAY
• Master Street Plan aaaas Mawr Arsenal — 100 YEAR
Master Street Plan — — Collect r
$) Freeway/Eipressway • • o • Kstalc Coflxbr
0 75
150
300
450
600
Feet
50cYEAR
--LIMIT OF STUDY
BaseLme Profile
Fayetteville
ONsmo Clty
City of Fayetteville •
Staff Review Form
City Council Agenda Items
or
Contracts
6 -Sep -05
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
ANX 05-1628: (LAMBERTH-CARLTON, 685): Submitted by H2 Engineering, Inc. for property located at East of Deadhorse
Mountain Road. The property is in the Planning Area and contains approximately 13.00 acres. The request is to annex the
subject property into the City of Fayetteville.
Cost of this request
n/a
Account Number
n/a
Project Number
Budgeted Item EJ
Departmen Director
City Attorney
Internal Service Director
n/a
Category/Project Budget
n/a
Funds Used to Date
n/a
$
Remaining Balance
Budget Adjustment Attached EJ
g tS -oS
Date
g- I(,rof
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'
Received in Mayor's Office EN ED
81 �
From: Clarice Pearman
To: Pate, Jeremy
Date: 9/14/05 12:38PM
Subject: Ords. 4748, 4749, 4750, 4754 and 4756
Jeremy,
Attached are ordinances passed by City Council on September 6, 2005 regarding RZN 05-1524, R-PZD
05-1463, R-PZD 05-1555, ANX 05-1628 and RZN 06-1696.
Thanks.
Clarice
�I_ rzc' I
I I ,sII .I _$:$(t I 1
"Nort/cwestArksutsas'Most Wide Read Newspaper"
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:
A04"1/LAO/7 W was inserted in the regular editions on
PO#
** Publication Charge: $ /- co
Subscribed and
/Q
JS
sworn to before me this
day of�__`Z a/ 2005.
Notary Public
My Commission Expires
Sharlene D. Williams
Notary Public
State of Arkansas
My Commission Expires
October 18, 2014
** Please do not pay from Affidavit.
An invoice will be sent.
RECEIVED
SEP 222003
CnY OF FAYETTEVILLE
CITY CLERK'S OFFICE
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571-6470
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 05-
1628 FOR PROPERTY LOCATED EAST OF DEAD -
HORSE MOUNTAIN ROAD, CONTAINING 13.00
BE A ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEMLLE, ARKANSAS:
Iraye evl leARKANSAS
That the City Council hereby confirms the annexation to the city of Fayetteville, Arkansas, of
ly described in Exhibit "Aattached hereto and made a pan hereof.
That the ofliclal map of the City of Fayetteville, Arkansas, is hereby emended to reflect the.
ended in Section 1 above.
That the official zoning map of the City of Fayetteville. Arkansas is hereby amended to assign
designation of R -A, Residential Agricultural to the subject property.
That the above -described property is hereby assigned to Ward No. One.
PASSED and APPROVED this 6N day of September, 2005.
APPROVED:
DAN GOODY, Mayor
ATTEST:
By:
SONDRA SMRH, City CIark
EXHIBIT "A"
° ANX 05-1628
PARCEL:b01-11266-000 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-W1E
BEGINNING AT A POINT WHICH IS N87°3409'W 660.00 FEET FROM THE NORTHEAST CORNER OF
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 25. AND RUNNING
THENCE 502°41'50W 660.72 FEET, THENCE N87°32.05 -W 196.00 FEE[ THENCE NO2°41'50E
660.60 FEET THENCE 587°3409'E 19800 FEETTO THE POINT OF BEGINNING. CONTAINING 3.0
ACRES, MORE OR LESS, SUBJECT TO EXISTING EASEMENTS AND RIGHFOF-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 Na',
PARCEL 001-11265-000 DEED: 97-81630
A PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SEC-
TION TWENTY-FNE (25), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHING-
TON COUNTY, ARKANSAS, BEING MORE PARTICULARLY 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 URLITY 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 HERS AND ASSIGNS,
OVER AND ACROSS THE FOLLOWING DESCRIBED LAND: A PART OF THE S 1/2 OF THE NORTH-
WEST 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 FEEL. THENCE IN A
NORTHERLY DIRECTION TO THE POINT OF BEGINNING.
SUBJECT TO RIGHT OF WAYS, EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY.
WASHINGTON COUNTY •
STATE OF ARKANSAS
Washington County Courthouse
S
280 North College Avenue, Suite 300
• Fayetteville, Arkansas 72701
Telephone: (479) 444-1711
KAREN COMBS PRITCHARD Fax: (479) 444-1894
COUNTY AND PROBATE CLERK
November 15, 2005
To: City Clerks Office
From: Jennifer Sharpshair
Deputy County Clerk
I have enclosed the finalization of 2 Fayetteville Annexations.
CC2005-20 - Fayetteville
CC2005-23- Fayetteville
If you have any questions you can give me a call at 444-1713.
Thanks, ,
0 c!- ooc ao
ORDINANCE NO. 4754
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AN ORDINANCE ANNEXING THAT PROPERTY DESER-LBFs,,D c
IN ANNEXATION PETITION ANX 05-1628 FOR PROPY
LOCATED EAST OF DEADHORSE MOUNTAR'? g.D, c
CONTAINING 13.00 ACRES cz ,.
o a 3
BE IT ORDAINED BY THE CITY COUNCIL OF THIsy' CItY
FAYETTEVILLE, ARKANSAS: sLa
rn
OF
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
I 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 6w day of September, 2005.
U
:FAYETTEVILLE:
ATTEST
'
By:
SONDRA SMITH, City Clerk
By:
APPROVED:
DAN COODY, Mayor
Doc ID: 009328820002 Tvoe: REL
Recorded: 11/10/2005 at 01:03:44 PM
Fee Amt: $11.00 Paae I of 2
Washlnaton County. AR
Bette Stamos Circuit Clerk
Flle2005-00050770
r
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 N87°34'09"W 660.00 FEET FROM THE NORTHEAST CORNER OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 25,
AND RUNNING THENCE S02°41'50"W 660.72 FEET, THENCE N87°32'05"W 198.00
FEET, THENCE N02°41'50"E 660.60 FEET, THENCE S87°3409'E 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.
ORDINANCE NO. 4754 .�
J,
o
> G r,l
AN ORDINANCE ANNEXING THAT PROPERTY DSC BELL
IN ANNEXATION PETITION ANX 05-1628 FOR RRPEkTY
LOCATED EAST OF DEADHORSE MOUNTAIN mkcADR CONTAINING 13.00 ACRES .z" CO -o rn
BE IT ORDAINED BY THE CITY COUNCIL OFTUE CITY OF
FAYETTEVILLE, ARKANSAS: � M i
c =" Crl
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 6th day of September, 2005.
APPROVED:
5-y1Y
cU• •'
E ;FAYETTEVILLE;
ATTEST:: r_ i
By:
SONDRA SMITH, City Clerk
By:
DAN COODY, Mayor
hub 111111IIIIb Dl huh 11111 hIhhhllll1111111111IIIIIlbhIIIIVIII
Doc ID: 009328820002 TVDO: REL
Recorded: 11/10/2005 at 01:03:44 PM
Fee Amt: $11.00 Paae I of 2
washinaton County. AR
Bette Stamps Circuit Clerk
F11e2005-00050770
—
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