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HomeMy WebLinkAboutOrdinance 4867 --------------------------- DOC tI Fecorded : 0509939/ 006002 t Tv1oe: 2: 5R: 3E0 AM Fee Amt : $11 . 00 Paae 1 of 2 Bette Ston Countv . Aq Bette Stem oe Circuit Clerk F14006-00020804 ORDINANCE NO. 4867 AN ORDINANCE ANNEXING THAT PROPERTY- DESCRIBED IN ANNEXATION PETITION ANX 06-206G� w (CC2005-51 ), FOR PROPERTY LOCATED EAST 0cF; � TOWNSHIP STREET, CONTAINING APPROXIMATELY 3 .38';= ACRES ; c� w 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. Three. puu❑ nhr TR �.,� PASSED and APPROVED this 2nd day of May 2006. ' `a�. �\1Y okSGS ,' : V . FAYETTEVILLE ; APPROVED: ATTEST: By: eaki By: adzeC2 DAN COODY, Mayor SONDRA SMITH, City Clerk EXHIBIT "A" ANX 06-2006 A PART OF THE SE 1 /4 OF THE SE 1/4 OF SECTION 31 , TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS : BEGINNING AT THE SE CORNER OF LOT 150 OF COVINGTON PARK PHASE 4 SUBDIVISION THENCE N00002'58"W 344.65 FEET, THENCE S90000'00"E 423 .71 FEET, THENCE S0101615911E 344.91 FEET, THENCE N8905813511W 431 . 14 FEET TO THE POINT OF BEGINNING, CONTAING 147,346.79 SQUARE FEET OR 3 .3826 ACRES MORE OR LESS, AND SUBJECT TO ALL RIGHTS-OF-WAYS, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACTS. Washington County, AR I certify this instrument was filed on 05/23/2008 11 :25:30 AM and recorded in Real Estate j File Number 2008-00020804 Bette Stamps - Circuit Cie k by City of Fayetteville 7 Staff Review Form tv d�- City Council Agenda Items fq Own or a , Contracts 2-May-06 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: ANX 06-2006 (Brown, 295): Submitted by Bill Watkins for property located east of Township Street. The property is in the Planning Area and contains approximately 3.38 acres. The request is to annex the subject property into the City of Fayetteville. v � $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 Previou's Ordinance or Resolution # 06 Depar ment Dilector Date Original Contract Date: Original Contract Number: City Attorney Received ini Clerk's Office ng-�y Firizance a d Internal Service Director Date Received in Mayor's Office Al a2/ n'ylyal� 6e Mayor 51 to Comments: Y City Council Meeting of May 02, 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: April 13, 2006 Subject: Annexation for Brown (ANX 06-2006) RECOMMENDATION The Planning Commission recommends approval of the subject annexation request submitted by Mr. Brown for approximately 3 .38 acres of property located at the terminus of Township Street adjacent to the Covington Park Subdivision. This action will incorporate the 3 .38-acres of land into the City of Fayetteville. BACKGROUND The subject property contains approximately 3.38 acres. The property is located at the terminus of Township Street within the Covington Park Subdivision. It adjoins the city limits to the north and west. Right-of-way for this cul-de-sac street is stubbed-out to the property line and provides access to a 14-acre tract of property, of which this. 3 .38 acres is a part. The applicant requests annexation of the property for the development of single-family residential use within the City of Fayetteville and has requested a rezoning to RSF-4. The development of this property will allow the extension of Township Street, not only to this property but also to the adjoining undeveloped property. DISCUSSION This item was heard at the regular Planning Commission on April 10, 2006. 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 06-2006 (CC2005-51 ), FOR PROPERTY LOCATED EAST OF TOWNSHIP STREET, CONTAINING APPROXIMATELY 3 .38 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. Three. PASSED and APPROVED this—day of 12006. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk EXHIBIT "A" ANX 06-2006 A PART OF THE SE % OF THE SE '/ OF SECTION 31 , TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS : BEGINNING AT THE SE CORNER OF LOT 150 OF COVINGTON PARK PHASE 4 SUBDIVISION THENCE N00002'58"W 344.65 FEET, THENCE S90000'00"E 423 .71 FEET, THENCE S01016'59"E 344.91 FEET, THENCE N89058'3511W 43 1 . 14 FEET TO THE POINT OF BEGINNING, CONTAING 1477346.79 SQUARE FEET OR 3 .3826 ACRES MORE OR LESS, AND SUBJECT TO ALL RIGHTS-OF-WAYS, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACTS. 1 i TayePC Meeting of April 10, 2006 Afl KANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM : Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: April 3, 2006 ANX 06-2006: Annexation (BROWN, 295): Submitted by BILL WATKINS for property located at THE EAST END OF TOWNSHIP STREET. The property is in the Planning Area and contains approximately 3.38 acres. The request is to annex the subject property into the City of Fayetteville. Owner: Joshua T. Brown Planner: SUZANNE MORGAN RECOMMENDATION : Staff recommends approval of the requested annexation based on the findings included as part of this report. PLANNING COMMISSION ACTION : A Retjiured dYFS � 'x a rhe A roved O Denied 5 J �� Date' �xd "10 '2006:.�� '--4 ' -1,y;'f'.t y C f t p srti w' ' t 1 -s}d� � rirc y ? -�a� �:s-a' '`� .4 f 'i•'. '° r 8fs'S i` gt3�4.r-iix s �rF. 'a i , .n."i . - ',� ^< I, - CITYrCOUNC ACS TON , p rRequ:tred Approved - , . YOkDen�cd ldw :ia, Dath May 022(106 ( 1" readmfe�if recommendjed) r� ,c�x=:'�*' , 3�.. .�}���� u. �. -� . }s.^:F �'� � '�r �-�, r. i4�'f+•,' i. - .!?f611.a.'Jl.:s.�.� ,1/1�S' t? T���=y, -1t : r BACKGROUND: Property description: The subject property contains approximately 3.38 acres. The property is located at the terminus of Township Street within the Covington Park Subdivision. Right-of-way for this cul-de-sac street is stubbed-out to the property line and provides access to a 14-acre tract of property, of which this 3 .38 acres is a part. The property owner also owns an 1 1 -acre tract extending north of Mission Blvd and adjoining the overall 14-acre tract of property. Proposal: The applicant proposes the annexation of 3 .38 acres for the development of single-family residential homes. The development of this property will allow the extension of Township Street, not only to this property but also to the adjoining undeveloped property. K.IReportsl20061PC Reporis104-t 0-061ANX 06-2006 (Rrown).d" 1 > Recommendation: Staff recommends approval of the proposed annexation. The subject property is adjacent to the City limits on two sides, which will ensure development of the property that is consistent and compatible to surrounding subdivisions should the property be amrexed into the City of Fayetteville. It creates an acceptable boundary, is able to be served adequately by public utilities and service providers, and meets the majority of the Annexation Guiding Policies established by the City Council. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Single family homes (Covington Park SD RSF-4, Res. Single-Family - 4 units/acre South Single family home on a large lot Planning Area East Vacant fields Planning Area West Single family homes (Covington Park SD) RSF4, Res. Single-Family — 4 units/acre INFRASTRUCTURE: Streets: The site has access to Township Street. Township is an improved roadway from this site west to Highway 265. Improvements that may be required shall be evaluated by staff as development occurs. Surrounding Master Street Plan Streets: West: Township Street (Local; 60' Right-of-Way) Water: Public water is adjacent to the site. There is an 8" waterline stubbed out to the site on the west side of the property. A study of the water system may be required by the Engineering Division at the time of development. Improvements to the water system may be required dependent upon the demand placed by the future development. Water service will need to be extended within the property at the time of development. Sewer: Sanitary sewer is available on the site. There is an 8" sewer line stubbed out to the site on the west side of the property. Improvements to the sewer system may be required dependent upon the demand placed by the development. Sewer service will need to be extended within the property at the time of development. Drainage: Standard improvements and requirements for drainage will be required for the development. Fire: These 3 .3 acres are covered by Engine 5 located at 833 N Crossover. The property is 2.4 miles from the station with an anticipated response time of 5 minutes. When the new Station 5 opens at Old Wire and Crossover, the travel distance will be reduced to 1 .6 miles and the response time will be reduced to 4 minutes K:lReportsl2006tPC ReporisIO4-l0-061ANX 06-2006 (Brown).do _ The Fire Department anticipates 3 (2 EMS — 1 Fire/Other) calls for service per year once the development is completed and maximum build-out has occurred. Measured Hydrant Flow in this area is 1320 gallons/minute. The service impact of this development will typically take eighteen months after the development has begun, when the units begin to be occupied. There should be no adverse effects on our call volume or response time to this development. 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 Planning Area as Residential. FINDINGS : 11 .6 ANNEXATION GUIDING POLICIES BOUNDARIES 1 l .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. 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 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 south and west of Covington Park Subdivision, zoned RSF4. The property does not consist of defined subdivisions or neighborhoods; however, the property could develop once annexed into the city. The applicant intends to process a preliminary plat to approve subdivision of this property. Access to this property will be available from Township Street to the west. Annexation of the property to allow for Planning Commission review of development in accordance with City standards is recommended. K:IReportsl2006lPC ReporisIO4-10-06L4NX 06-1006 (Bro").doc 11 .6.d Boundaries for annexed areas should follow natural corridors. Finding: The proposed city boundary, should the subject property be annexed, does not follow natural corridors. It encompasses a portion of one parcel of property. A lot split or subdivision of property is required prior to or in conjunction with the development of the 3.38 tract, in order to separate it from the overall property. 11 .6.e Timing of services within annexation areas should be considered. Finding: Current conditions result in a response time of 5 minutes for fire protection from Fire Station #5. When the new fire station at Old Wire Road and Crossover Road opens, the response time will be reduced to 4 minutes. Extension of water and sewer lines shall occur at the time of development. 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. Development regulations within the City will ensure appropriate development and preservation of the existing natural features on the property. EMERGENCY AND PUBLIC SERVICES 11 .6.g Public services must be able to be provided efficiently in newly annexed areas. Finding: The police department reports that this annexation and rezoning 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 .61 Annexed areas should receive the same level of service of areas already in the city limits. Finding: Fire and police service shall be provided to this area with the same level of response and service as other developments in this area. 11 .6.1 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.IReports110061PCReports104-10-06UNX06-1006 (Broww).doc 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. 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 the surrounding street systems and installation of fire hydrants would be made necessary by the annexation should additional development occur on the subject property. Water and sewer will be extended to this property with development. 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. 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 owners request for annexation and request to rezone this property RSF-4, Residential single family - 4 units/acre. This zoning designation is compatible with the Residential classification of the adjacent area on the City's adopted Future Land Use Plan. Staff finds that this zoning designation is compatible with the zoning of Covington Park Subdivision located adjacent the property. K.-Weporu12006PCReporul04-10-061ANX06-2006 (Brown).doc i 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: Should the owner propose development of this property, as has been indicated in correspondence from the applicant, the development shall be reviewed by the Planning Commission. At this time, the applicant has not submitted a preliminary plat for consideration. 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: Staff finds that the proposed annexation would create an acceptable city boundary. However, the annexation of the entire 25-acres under common ownership, extending from Covington Park Subdivision south to Mission Blvd, would create an even more uniform city boundary and allow for development within the bounds of city regulations. 11 .6.t Conduct a fiscal impact assessments on large annexations. Finding: No fiscal impact assessment was conducted for this annexation of 3.38 acres. K.* Reportsl20061PC ReporisIO4-10-06UNX 06-2006 (Brown).d" 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. 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. 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. 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. 11.6.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. 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 11.6.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 1 1.6.o Designate zoning districts for the property during the annexation process. 11.6.p An annexation study should be completed on all annexation proposals. I I.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. K: IReports170061PC Reports104-10-06L4NX 06-2006 (Brown).doc Suzanne Morgan, Andrew Garner, Jeremy Pate, and Jesse Fulcher Chief Tony Johnson Captain Dale Riggins April 3, 2006 April 3, 2006 Zoning Review — Fire Department Comments RZN06-2007 (Brown, 295) These 3.3 acres are covered by Engine 5 located at 833 N Crossover. The property is 2.4 miles from the station with an anticipated response time of 5 minutes. When the new Station 5 opens at Old Wire and Crossover, the travel distance will be reduced to 1.6 miles and the response time will be reduced to 4 minutes . The Fire Department anticipates 3 (2 EMS — I Fire/Other) calls for service per year once the development is completed and maximum build -out has occurred. Measured Hydrant Flow in this area is 1320 gallons/minute. The service impact of this development will typically take eighteen months after the development is started, and the units begin to be occupied, to occur. There should be no adverse effects on our call volume or response time to this free to contact me if you have any questions Dale Riggins Fayetteville Fire.Department / .••W -_n .etrt w• re 1 �... .+.\i I' .rte' i a l2 x ,: w.� �. • Y�Ar. f^.� i.ubri�} _ ! Y-�'�/e� 1 — E TwmslrrPSt—�C---�-•- �r I" C :. [.•.� .t a� „.: ANX X 06-2006 RZN 06-2007 � a ' I E ]} a t � Y +x����. , •��g ��r�' �1 Station rJ tO Township I'f tltya KaMT_ot" h'o 34 }�! .` -T53r U �. �I 2.4 Miles •�•}t 5 minutes : �J' A yam: � :r: +� w . m r .E Mw5,0nr 'r eE l <V. r -vv 1� • . e.r s ©1 r M,r } x jvtl , fj . . r.6 IJ a, i _` .X2 t ' Ys r X11 � K tW -. V a ' [ �� `I o i. n jV �/ }+4 i r n_� { a I •l eu& ui S+'.' 1 • . .f'/$5* r a ✓{'�- -0Q. Ty s :X� t sf ]t �j f`fi •a: c —'tee -� •• • w4��i U . 11 ! T i .C ii �•'-^-1 Ya.; ✓r5 w te. i; _,K t .1 —4 ft {L os47f.�r�..t FAVETTEVILLE THE CITY -OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT April3,2006 Jeremy Pate Zoning and Development Director City of Fayetteville. 113 W. Mountain Fayetteville, Arkansas 72701: Dear Director Pate, This document -is in response to the request for a determination of whether the proposed Annexation and Rezoning ANX & RZN 06-2007 .(Brown, 295) submitted by, Bill Watkins for property located at the East end of Township. Street would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. 1 It is the opinion of the Fayetteville Police Department that this annexation and rezoning 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.. Sincere� . Captain Will B Fayetteville Police Department IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS CASE NO. CC 2005- �Sl IN RE: ANNEXATION OF PROPERTY CONTIGUOUS TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS PETITION FOR ANNEXATION OF PROPERTY CONTIGUOUS TO THE CITY OF FAYETTEVILLE ARKANSAS CS' COMES NOW the petitioner, Joshua T. Brown, owner of certain real prop€?1&atec�t S Vic_; I Washington County, Arkansas, who petitions the Court as follows: i° 1. That the petitioner is the sole owner of certain real property located iiVGSngtog ICC cp County, Arkansas, described as: cp A Part of the SE '/ of the SE '/4 of Section 31, Township 17 North, Range 29 West, Washington County, Arkansas, and being more particularly described as: Beginning at the SE corner of Lot 150 of Covington Park Phase 4 Subdivision thence N 000 02' 58"W 344.65 feet, Thence S90°00'00"E 423.71 feet, thence S0l ° 1659"E 344.91 feet, thence N89°58'35W 431.14 feet to the point of beginning, containing 147,346.79 square feet or 3.3826 acres more or less, and subject to all rights -of -ways, easements and restrictive covenants of record or fact. 2. That all of said property is contiguous to and adjoins the City of Fayetteville, Arkansas. 3. The Petitioner respectfully requests that said property be annexed to, added to, and included within the boundaries of the City of Fayetteville, Arkansas. 4. The Petitioner respectfully requests that this Court set a date certain for a hearing of this petition: WHEREFORE, premises considered, the Petitioner prays that this Court set a date certain for its hearing of this petition; that the Court grant the petition for annexation to the City of Fayetteville, Arkansas; and for all other reasonable and proper relief to which she may be deemed entitled. JOSHUA T. 'BILL WATKINS, His Attorney Arkansas Bar No. 84209 THE WATKINS LAW OFFICE, PLLC 1106 West Poplar, Rogers, AR 72756 (479) 636-2168 VERIFICATION I, Joshua T. Brown , do hereby certify, upon oath, that the statements and averments contained in the foregoing Complaint are true and correct to the best of my knowledge and belief. T. BROWN Subscribed and sworn to before me this J-) day oft(2005. S NOTARY PUBLIC My Commission Expires: _ l ,oTAAy puB%G c ':FROM': FREELPND-KRUFFMRN & FRE )y PHONE NO. : 4794649745 Dec. @6 20@5 03:11PM P2 E Cthatslo'orth Ic@ it • • • • •: J S. S. CITY LMT LThE 15 •yr a NT wt.V-4w G'.a.-. dr.. t IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS h ttO INS JAS 23 P CASE NO. CC 2005-51 IN RE: ANNEXATION OF PROPERTY CONTIGUOL9 t yWil kF ;;)OF FAYETTEVILLE, WASHINGTON COUNTY, ORDER OF ANNEXATION NOW ON THIS o day of January, 2006, the Petition for Annexation of Property Contiguous to the City of Fayetteville of Joshua T. Brown, comes on for hearing, and the same is submitted to the Court upon said Petition, proof of publication of notice, the testimony before the Court, and other evidence presented, from all of which the Court finds: 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 jwas made fixing the time and place for a hearing on the 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 Morning News of Northwest Arkansas, 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 sole owner of the property to be annexed. 4. That 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 area of the City of Fayetteville, Arkansas, and the extension of the corporate boundaries is a realization of the natural growth of the -1- G City of Fayetteville. 6. That the lands to be annexed are contiguous to and adjoin the City of Fayetteville, Arkansas. That the City Council of the City of Fayetteville, Arkansas, shall, according to the Ark. Code Ann. § 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: A Part of the SE'/4 of the SE %4 of Section 31, Township 17 North, Range 29 West, Washington County, Arkansas, and being more particularly described as: Beginning at the SE comer of Lot 150 of Covington Park Phase 4 Subdivision thence N 00° 02' 58"W 344.65 feet, Thence S90°00'00"E 423.71 feet, thence SO!' 16'59"E 344.91 feet, thence N89°58'35W 431.14 feet to the point of beginning, containing 147,346.79 square feet or 3.3826 acres more or less, and subject to all rights -of - ways, easements and restrictive covenants of record or fact. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED by the Court that the above described lands be, and hereby are, annexed to and hereby made apart of the City of Fayetteville, Washington County, Arkansas. HON. JE TON, County Judge -2- ♦y Iji 13sQYJ�QjI NN]]jpppµ7�y�y� .L�# . b I!IflS o6 W 11J94 $ill 4/ I D A y HI 8R•> `G4_CM W ♦ MI•YYY i H 89Cy Vim_ I� N0� -: -: -: ____ � In QC f n�f f(� •g _g S N.T.S. ANNEXATION EXHIBIT �" F F - z E J BROWN FR0MM . wv� irtGbM-YaflmtnL FeExrt Mc 1 %tl M(•. tpkdASYik• FAYETIEVLLE WASMIGTM ON C0IY, AR " '° DESCRIPTION: A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SE CORNER OF LOT 150 OF COVINGTON PARK PHASE 4 SUBDIVISION THENCE N00°02'58"W 344.65 FEET; THENCE S90°00'00"E 423.71 FEET; THENCE S0I ° 16'59"E 344.91 FEET; THENCE N89°58'35"W 431.14 FEET TO THE POINT OF BEGINNING, CONTAINING 147,346.79 SQUARE FEET OR 3.3826 ACRES MORE OR LESS, AND SUBJECT TO ALL RIGHTS -OF -WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. �~; EXHIBIT''A" PROPERTY TO BE REZCNED ASS SUBMITTED BY THE AFPLiC ANT zy✓ Applicants Sigoz ' Overview Legend Subject Property Boundary ANxos-zoos _ Planning Area 000$ Streets a 000000 Overlay District Existing j:'/J Outside City ---i Planned ---- Legend 0 75 150 300 450 600 Feet ANX06-2006 Close Up View BROWN -, Tom,.., p. FrSF`4 FtiE r FY� `xY� �� f�erti rv' i l ` F S •4ib F r•+ i f d • k -•E_ .ice Y} .�.,� x F yyy' 3gi>F. F≥.�yyx art :�w SY 1 y 't,• +®T TFIks x•• j'i ,[sy tbi 3K.A`hi r: 1^C. A [ T H3 . •C. ' ' '� - Vii''.. . .. .. _ .'.. • Y ?. � F 1•' ) t l I [• 1 1 ' f ' F••� Y 1 [ p ' 4 a , (' ) ,• . .. - i y a �r Y ? 4 . li 4Y' y3. a -c f..f - I I [ i.�y,L r.4• f •[ s• 1... µ.]IV IS 1 [ ` [.V t'I� \:ce- a -% S y i' l .n n T :z 1 • • • y • 1 IC:R" y J•. ' RI'1 _ ✓ y .f ) v : I �. 5t • 'G•9.t/•. n f ..1 1 •M1v. ) [i : 9 1 '.4f a 4 !N f' aU4 •F n I�IW�aI a r - e x - a Y t! l. :., i:. e r ... T.1 Legend g0000 Oveday District S0000 — FL000WAY — 500 YEAR IDO YEAR -- LIMITOFSTUOY — — - Baseline Profile I Fayetteville Outside City AW(06-2006 vectot.GMF0o1 rint2004 0 75 150 300 450 600 Feet ,...,ryes... .. 'yW . Clarice Pearman - Ords. 4867, 4868, 4869 4870 & 4871 Page 11 From: Clarice Pearman To: Pate, Jeremy Date:. 5.8.06 11:42AM Subject: Ords. 4867, 4868, 4869, 4870 & 4871 Jeremy, Attached are copies of the above ordinances passed by City Council, May 2, 2006, Thanks. Clarice CC: Audit; GIS NORTHWEST ARKANSAS EDITION • Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Maria Attaway, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: Ordinance 4867 Was inserted in the Regular Editions: ORDINANCE NO, 4887 • MaZ 2006 AN ORDINANCE ANNEXING THAT PROPERTY Taye�evle y s DESCRIBED IN ANNEXATION PETITION ANX 06 2006 (CC2005-51), FOR- PROPERTY LOCATED Publication Charge: $99.65 EAST OF TOWNSHIP STREET, CONTAINING APPROXIMATELY 3.38 ACRES, ARKANSAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Subscribed and s orn before me This(�day of I 2006. //I,, J Notary Public Gig en Notary Public State of Arkansas My Commission ExMY9mmission Expires October 18, 2014 Section 1: That the City Council hereby confirms the annexation 10 the City of Fayetteville, Arkansas, of that property described in Fxhiblt'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. Three. PASSED and APPROVED this 2nd day of May 2006 APPROVED: ATTEST: 3y By. DAN COODY, Mayor SONDRA SMITH, City Clark EXHIBR'A' ANX 06-2006 A PART OF THE SE 1/4 OF THE SE 1/4 OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SE CORNER OF LOT 150 OF COVINGTON PARK PHASE 4 SUBDIVISION THENCE N00°02'50W 344.65 FEET. THENCE S90°00'Og'E 423.71 FEET, THENCE S01°16'59'E 344.91 FEET, THENCE N89°58'35W 431.14 FEET TO THE POINT OF BEGINNING. CONTAING 147,346.79 SQUARE FEET OR 3.3826 ACRES MORE OR LESS. AND SUBJECT TO ALL RIGHTS - OF -WAYS. EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACTS. **NOTEHH Please do not pay from Affidavit. Invoice will be sent. RECEIVED MAY 1 8 2006 CITY OF FAYETTEVILLL CITY CLERK'S OFFICE FROM (MON)JUN 12 2006 15:53/ST.15:50/No.5816796785 P 1 State of Arkansas Washington County Courthouse 280 North College Ave,.Suite 300_ Fayetteviille,-AR 72701 Telephone: @79)=444-1711 Fax: (479)-444-1894 - FAX TRfi TRANSMISSION To: Fayetteville City Clerk's Office Date: June 12, 2006 Clarice Fax #: 7184695 Pages: - 6, including cover sheet From: - Shirley Brown Subject: -Confirmations-for-l.Annexation--- FROM (MON)JUN 12 2006 15:53/ST.15:50/No.6816796785 P 2 �����Iifl��OiIIUlIIN9AI81i���� Doe ID: 00BOa27B0002 Tvos: RE! Recorded: 06/23/2000 at 11:25:30 AM Fee Amt: $11.00 Peas I of 2 Weihinaton County, AR Borto,8temos Circuit Clerk FL102006-r00020804 0 ORDINANCE NO. 4867 -, AN ORDINANCE ANNEXING THAT PROPERT 1,, x Cj DESCRIBED IN ANNEXATION PETITION ANX 06-2006 (CC2005-5L),- - FOR PROPERTY- LOCATED -- EAST OF -- TOWNSHIP STREET, CONTAINING APPROXIMATELY 3.38 ACHES BE -IT-- ORDAINED- BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council hereby -confirms- the annexation to the City of - Fayetteville, Arkansas, of that property described in Exhibit "A" attached hereto and made a pat hereof. Section 2: That the official map of the City of Fayetteville, Arkansas, is hereby amended to reflect the change -provided in Section 1 above: Section -3: That -the -official zoning map -of the Cityof Fayetteville- Arkansas is hereby amended to assign the zoning designation of R -A, Residential Agricultural to the subject* ' -propMy. Section 4: That the above•described propertyis-hereby assigned to Ward No. Three. PASSED and APPROVED this 2nd day of May 2006. APPROVED; By: ATTEST: FAYETTEVILLE Y .O_ 4 rh t �t)♦�/7L �j 1eI1.�ir AU FROM (M0N)JUN 122006 15:53/31. )5:50/No. 6816796785 P 3 — EXHIBIT "A" ANX 06-2006 A PART OF THE SE 1/4 OF THE SE 1/4 OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 29 -WEST, WASHINGTON COUNTY; ARKANSAS; AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SE CORNER OF LOT 150 OF COVINGTON- PARK PHASE- 4 SUBDIVISION THENCE N00°0258"W 344.65 FEET, THENCE S90°00'00"E 423.71 FEET, THENCE S01°16'5VE- 344.91 FEET, THENCE-N89°58'35"W -' 431.14 FEET TO -THE POINT -OF -BEGINNING, CONTAING 147,346.79 SQUARE FEET OR 3.3826 ACRES MORE OR LESS, AND SUBJECT TO ALL RIGHTS -OF -WAYS, - EASEMENTS -AND RESTRICTIVE COVENANTS OF RECORD OR FACTS. FROM (MON)JUN 12 2006 15:53/ST.15:50/No.6815796785 P 4 IN THE COUNTY COURT OF WASHINGTON COUNT, f 2A SAS CASE NO: CC 2005=5i .20QS.lAN 23 PM (: 29 q r. n^$ l . �. r IN -RE: ANNEXATION -OF PROPERTY CONTIGUOUS a T Y L?F : . FAYETTEVILLE, WASHINGTON COUNTY, �1 ORDER OF ANNEXATION NOW ON THIS £% day of January, -2006,_the Petition for Annexation of Property Contiguous to the City of Fayetteville of Joshua T. Brown, comes on for hearing, and the same is submitted to the Courtupon said "Petition, proof of publication of notice, the testimony before the Court, and other evidence presented; from all of which the Court finds: That the Petition for Annexation of Property Contiguous to the City of Fayetteville was -duly filed in the Offtce-oftheCounty Clerk -of Washington -County, Arkansas; and that an Order , was made fixing the time and place for a hearing on the 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 hear ngwarpnblished oncesweekfor three -consecutive -weeks inthe-Moming News of Northwest Arkansas, a newspaper published in Washington County, Arkansas. Proof of publication has been made -and -fled -with -the -Clerk -of this -Court 3. That the Petitioner is the sole owner of the property to be annexed. 4. That 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 area of the City of Fayetteville. i Arkansas, and the extension of the corporate boundaries is a realization of the natural growth of the FROM (MON)JUN 12 2006 15:54/ST. 15:50/No. 6816796785 P 5 City of Fayetteville. 6. That the lands -to beannexcd are -contiguous -to and -adjoin the City of Fayetteville, Arkansas. 7'. That the City-Council-oftheCity-ofFayettevilleArkansas shall; according -to- he Ark. CodeAnn. §t4'40=605; accept -the -annexation byordinance: That the legal description of the lands to be annexed is that property situated in Washington County, Arkansas, to wit: A Part of the SE 'A of the SE '/4 of Section 31; Township 17 North, Range -29 West, Washington County, Arkansas, and being more particularly described as: - - Beginning at the SE comer of Lot 150 of Covington Park Phase 4 Subdivision thence N.00° 02'..58."W 344.65 feet, Thence S90°00'00"E 423.71 feet, thence SO] ° 16'59"E 344.91 feet, thence N89°58'35W 431.14 feet to the point of beginning, containing 147;346:79 square feet or 3:3826 acres -more or less, and subject to all rights -of - ways, easements and; restrictive covenants of record or fact. - 1T 1S THEREFORE ORDERED ADJUDGED AND -DECREED by the Court that the above described -lands be, and hereby are, annexed to and' herebymade a part of -the City of Fayetteville, Washington County, Arkansas ii OR TERR TON, County Judge .2. J9, [� _E FROM (MON)JUN 12 2006 15:54/ST.-15:50/No.6816796785 P 6 FROM-:NWRPPC FAY -NO: :4797517150" Jar'. 13 2006 03:47PM P2 kXAN S Charlie Daniels -- . Secretary of State June 19, 2006 ; State of Arkansas Secretary of State Business & Commercial Services Elections Building & Grounds Communications & Education State Capitol Police Business Office Information Technology The Honorable Karen Combs Pritchard Washington County Clerk 280 North College Avenue, Suite 300 Fayetteville, AR 72701 Dear Ms. Pritchard: 682-3409 682-5070 682-3407 683-0057 682-5173 682-8032 6823411 The Following Information has been recorded and filed in the Office of the Secretary of State: Date: 06/16/2006 County: Washington City: Fayetteville Annexation:, Ordinance No. - 4867 Co. Order No - 2005-51 Plat - -x Election -. Island -Incorporation: Ordinance No. Co. Order No. - Plat Election - Census Information: The following City or Town has been upgraded or reduced to: 1St•Class City.- - -2nd Class -City -.a:-_ _ _:e . - r - _.=t ._-.ter•. - - Incorporated Town . ; ; I _have forwarded this information to the Arkansas Municipal League and the Arkansas Highway and Transportation Department. If you have any further questions please do not hesitate to contact me at 1-800-482-1127 or 682-3526 Sincerely, Teha'Arnold Election Services Representative Arkansas.Secretary of State . RECEIVED JUN 20 2006 CITY CLERK'S OFFICE -- - Room 256 State Capitol • Little Rock, Arkansas 72201-1094 501-682-1010 • Fax 501-682-3510 - - - L -e-mail: arsos@sos.arkansas.gov • www.sos.arkansas.gov