HomeMy WebLinkAboutOrdinance 4790 EXHIBIT "A"
ANX 05-1723
PART OF THE NE 1 /4, SE 1/4 OF SECTION 31 , T17N, R29W OF THE FIFTH
PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: COMMENCING AT
THE N.E. CORNER OF SAID NE 1 /4, SE 1 /4, THENCE S89031902"W 330.80 FEET TO
THE P.O.B. THENCE S00042532"E 648.88 FEET, THENCE S89031 '01 "W 330.00 FEET,
THENCE N00042' 32"W 686.62 FEET, THENCE S83057'45"E 332.00 FEET TO P.O.B.
CONTAINING 5 .06 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND R/W OF
RECORD.
IN THE COUNTY COURT OF WASHINGITI? iOCOUNTY, ARKANSAS
2005 AL 12 PI9 S2
IN THE MATTER OF:
ANNEXATION OF CERTAIN LANDS T6 #MJ CO ;IBS pp, ITC , .
CITY OF FAYETTEVILLE, ARKANSAS t% 0- PROBATE CLrii Case No . CC-2005-
1'J/1SNIPJGTON CO. Jiici., .
JDM INVESTMENTS, LLC PETITIONER
PETITION FOR ANNEXATION
Comes now the Petitioner and for its Petition for Annexation it alleges and states that:
1 . Petitioner is the owner of record of a certain tract of real property contiguous to and
adjoining the City of Fayetteville, Washington County, Arkansas, and being more particularly
described as follows:
Part of the NE 1/4, SE %4 of Section 31 , TI 7N, R29W of the Fifth Principal
Meridian in Washington County, Arkansas and being more particularly
described as follows, to-wit: Commencing at the N.E. Corner of said NE '/4,
SE %4, thence S 89°31 '02" W 330.80 Feet to the P.O.B. thence S 0042132" E
648.88 Feet, thence S 89°31 '01 " W 330.00 Feet, thence N 0°42'32" W 686.62
Feet, thence S 83°57'45 " E 332.00 Feet to the P.O.B. Containing 5 .06 acres
more or less subject to easements and R/W of record.
2. The property is located in Washington County, Arkansas, and this Court has
jurisdiction to hear this Petition pursuant to Ark. Code Ann. § 14-40-601 .
3 . The Petitioner desires to annex the property described in paragraph 1 into the City of
Fayetteville, Washington County, Arkansas.
4. A true and correct copy of a map of the property showing that it is adjacent to the City
limits of the City of Fayetteville is attached hereto as Exhibit A.
5 . Petitioner states that Jason H. Wales is authorized to act for and on behalf of the
Petitioner in all matters connected with this Petition and any subsequent hearings or annexation
1
1 •
proceedings connected therewith.
WHEREFORE, Petitioner prays that this Court set a date for hearing this Petition not less
than 30 days after the date of filing and that at such hearing this Court enter its order granting the
Petition and annexing the property described in paragraph I into the City of Fayetteville,
Washington County, Arkansas.
.IDM INVESTMENTS, LLC,
Petitioner
By:
Ja on H. Wales, 497191
E ERETT LAW FIRM
O. Box 8370
Fayetteville, AR 72703
(479) 443-0292
2
� .. y �•
�}_ " x � eal ` s I - � . � '.C,,;w'�j - ;' '' . � b`,. � as � _ •' �`;'�.
F � � -mrd a � - � � � i if ♦ a w� � . ; T
1
fill
Wan Ise
Lm11733,
W nc o
Subject Tract
17, < S I
+
_ 1 Y 'r $
4 {l,
.1 j -
a / / J
/ , ` �/yi 2600 r v t•�..,..^....-.�--....,,•�-,�,�-..-. - S �>>
.. -- --
z ,
EXHIBIT I
�, Sl.i Vern Rd .
S 83 "97 '45"g 5 R9°31 ' 02"12 330. 80 '
P. B.
37 . 99 ' r�F . C. Corner
o. s. - - s SEl-
8 . b3a . s. 31-17-29
V in
m M
m v
.O .p
LEGEND
W o = Iron Pin Set
n N • Iron Pin Found
� m
� N
0
O
S 89 °31101 "ii
330. OU ' S 0042132 "E 667 . 92 '
S 0042 ' 3211 667 . 92 '
LEGAL DESCRIPTION : Part of the NF.k, SEk of Section 31 , T17h , R291d of the
Fifth rincipa Meridian in Washington County , Arkansas and being more
particularly described as follows , to-wit : Commencing at the N . E . Corner
of said NEk , SEka thence 5 89031602"t: 330. 80 Feet to the P. 0 . 11, thence
S 0°42 ' 32"E 648 . 88 Feet , thence S 89' 31 ' 016' 330. 00 Feet , thence
N 0042 ' 32"W 686. 62 Feet , thence S 83° 57 ' 45"£ 332. 30 Feet to the 1'. 0. 0.
Containing 5 . 06 Acres more or less subject to easements and R/W of
record .
F
0
DAW10 L JOAUMEt. ERtb i uu ua;E
PaoPaoow MOMBwo • IATETnVkLE aF 721a! . vaMIE 50L^42•s47
ale MO
VALE- 1 "=1OU ' 406 RYt rXFCSEa sr: oa�w■ sr.
4-27-92 OCUM a BY;
Property survey for Jerry Kinnion tFG N�ow�
Pt. NE}q SEk . 31-17-29
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF:
ANNEXATION OF CERTAIN LANDS TO THE ps
CITY OF FAYETTEVILLE, ARKANSAS Case No. CC;2005
IA. o i
JDM INVESTMENTS, LLC P�',T�TIQNE
100
`,
ORDER OF ANNEXATION
Now on this 22"d day of August, 2005, this cause comes on to be heard, the Petitioner,
announcing ready for a hearing of the cause and there being no protests or objections filed,
whereupon, the matter is submitted to the Court upon the petition filed herein, and the oral and
documentary evidence adduced, the Court being well and sufficiently advised finds:
1 . The Petition in this cause was filed on July 12, 2005, at which time this court
fixed August 22, 2005 at 10:30 a.m. as the date of hearing for said cause, and that a full thirty
(30) days notice of hearing was given as required by state law and the proof of publication of said
notice is now on file with the Clerk of this Court and the court has jurisdiction of this cause.
2. The court is satisfied that the allegations of the petition are sustained by the proof;
that the limits of the territory to be annexed have been properly filed; that a majority of the
property owners having a freehold interest in the property hereinafter described joined 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 as follows:
Part of the NE 1/4, SE '/< of Section 31 , T17N, R29W of the Fifth Principal
Meridian in Washington County, Arkansas and being more particularly
described as follows, to-wit: Commencing at the N.E. Corner of said NE ''/a,
1
�a - LA54
SE '/4, thence S 89°31 '02" W 330.80 Feet to the P.O.B. thence S 0042'32" E
648 . 88 Feet, thence S 89°31 '01 " W 330.00 Feet, thence N 0°42'32" W 686.62
Feet, thence S 83°57'45 " E 332.00 Feet to the P.O.B. Containing 5 .06 acres
more or less subject to easements and R/W of record.
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 peculiarly adapted for urban
purposes and this territory should be annexed to and made part of the City of Fayetteville,
Arkansas.
IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that the aforesaid
real property situated in Washington County, Arkansas, is hereby annexed to and made a part of
the City of Fayetteville, Arkansas, in accordance with Ark. Code Ann. § 14-40-601 et seq. and
this Order shall be duly recorded by the Clerk of Washington County.
J RR H ON,
y Judg
2
� a - L
FROM :.NWRROC • FAX NO. : 4797517150 �g. 02 2005 10 : 54RM P2
O f N ti N P6 w
cl� ,
to
•l:
N as r—
CC =: 1rRlR ,
acm
- - F I I
.. ._.. :c.:: mv -'AXIUXmH"Fl ,un .i ' r �:
Fill
7 IN
IN
wIII ism.
ry - -- — • GOER It IN.
ININ
_
N
—�
�': I
�I
y=�^ ♦IN
IN IN I NNNN�111&N'
H3H�,[ylj 4: L kl714 .41
M h
.n u_�h � y c .`�
v I07
mo " I v.� �yl .+al
iddollap1 1 1
yI .. ♦ 1 �
ry �k
1 �Gy, IT .
.. .__.. ..... ply.
� -.J
r
yaY PA;
C . 1 'L.�•_L
.+ I , 1 . 1 1
1
htAX� ,1N,
. x _. 1 III
.
MIIIT 1 1 4 .
N.
At
IN
It IN.
'74" _.�.� . .-\.•.- _
p � 'NININNINNItINNI
IKf. IN
.. tlJy ' " ...I--N.- �`.' 1 " ' wmx1 .�'�1 "`,G kyl�• : $K
3
dM IIINII ILII, N NNININ 411
R�11 �{{1lnl`VIII �IN4fl- JH1 JLN.�k'ni IAIr'��I IP1t III,111 �
� xV ;
y rvlx�nn �{
I -w n �NX ,axaXi 1`!1'n9�IBM lmI" . IJ jl pp
timpi
artM >=' aY11ax& p :9 n
N.
IN-
I H.111
IN .41
dX..•aiKS1II1 ..:. .. . N l . .A.:.:. . . rry a . . ; . . I. x.i . ...,
� SE°RETq State of Arkansas
0` Secretary of State
e, - j Business & Commercial Services 6873409
Elections 682-5070
Building & Grounds 682-3407
gRKgNSpS Communicadons & Education 6850057
State 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. —
Plat _ X
Election - «ANNEX ELECTION>)
Island - «ISLAND»
Incorporation: Ordinance No. - «DATE—FILED»
Co. Order No. - «1NCCOORDNO»
Plat - a1NCPLAT»
Election -
Census Information
1 st 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,
W� ell
RECEIVED
Alesha L. Harris NOV 3 205
Election Services Representative ,
'.ITY OF FAVi:TTEVIII[
r,ITY CLERK'S OFFICE
Room 256 State Capitol • Little Rock, Arkansas 72201 . 1094
501 -682. 1010 • Fax 501 -682-3510
e-mail: arsos0sosmail.state.ar.us • www.sos.arkansas.gov
City of Fayetteville � 'l />/v5
Staff Review Form All 940
City Council Agenda Items ANX D5 _ � 7,23/
or
Contracts JL) m 11W5 mnnt
LLd?
1 -Nov-05
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
ANX 05- 1723 : (JDM Investments, 295): Submitted by Randall Wakefield for property located at Skillern Road, east of
Savannah Estates. The property is in the Planning Area and contains approximately 5.06 acres. The request is to annex the
subject property into the City of Fayetteville.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Category Name
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
- - �boS
Department D ector Date Original Contract Date: n/a
( �( Original Contract Number: n/a
City Attorney
Received in City Clerk's Office
Finance 9nd Internal Service Director Date
Received in Mayor's Office USED
Mayor Date
Comments:
City Council Meeting of November 1 , 2005
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operation® �Q
From: Jeremy C. Pate, Director of Current Planning0'
Date: October 11 , 2005
Subject: Annexation for JDM Investments LLC (ANX 05- 1723)
RECOMMENDATION
The Planning staff recommends approval of the subject annexation request submitted by
JDM Investmentt, LLC for approximately 5.06 acres of property located at Skillern Road,
east of Savanah Estates. This action will incorporate the 5.06-acre tract of land
contiguous with the city limits into the City of Fayetteville.
BACKGROUND
The subject property consists of 5 .06-acres owned by JDM Investments, LLC. The
property is located south of Skillern Road immediately east of Savannah Estates.
Annexation of the property will not create an island of unincorporated property or create
an undesirable peninsula of City property. Improvements to the existing infrastructure
adjacent to this site and a study of water and sewer capacity will be required at the time
of development.
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 requested a rezoning to Residential Single Family Four Units Per
Acre (RSF-4). Staff recommends the incorporation of this property into the City of
Fayetteville. Although the proposed annexation is located on the fringes of the City's
eastern limits, incorporation of this property will create an acceptable city boundary and
ensure that development of the property is compliant with City regulations within an
appropriate zoning district.
DISCUSSION
This item was heard at the regular Planning Commission on October 11 , 2005. The
Planning Commission voted 8-0-0 to recommend approval of this annexation request to
the City Council.
BUDGET IMPACT
None.
ORDINANCE NO,
AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED
IN ANNEXATION PETITION ANX 05- 1723 FOR PROPERTY
LOCATED AT SKILLERN ROAD, EAST OF SAVANNAH ESTATES,
CONTAINING 5 .06 ACRES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council hereby confirms the aLn ation 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_Fayette' vine, Arkansas, is hereby
amended to reflect the change provided in Sectiabove.
1
Section 3 : That the official zoning map o f'the City\of Fayetteville, Arkansas is
hereby amended to assign the zoning designation of R-Alesidential Agricultural to the
subject property.
Section 4: That the above-described-property isXher\ebv��a�ssiicned to Ward No. Three.
PASSED and APPROVED,) this _day of 12005.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk