HomeMy WebLinkAboutOrdinance 4894 5
�II���������������������1������t ill ������
Doc ID : 010209560002 TVPB . REL
Recorded : 07/27/2006 et 11 : 38 : 14 AM
UshinatonlCounty ,1 .00 ARI of 2
I Bette Stsmos Circuit Clerk
Flle200640030448 F
N
ORDINANCE NO, 4894 • c r
? ".. c - T
N
AN ORDINANCE ANNEXING THAT PROPERTYFTI
DESCRIBED IN ANNEXATION PETITION ANX 06- o� a
2020 (CC2006-2), FOR PROPERTY LOCATED EAST
OF DOUBLE SPRINGS ROAD, NORTH OF DOT �' v
TIPTON ROAD, CONTAINING APPROXIMATELY 7.5
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. Four.
ITR
PASSED and APPROVED this 6th day of July, 2006. _4j ; .``3
; FAYETTEVILLE •
APPROVED- ATTEST:
W9s'9a AN`eas;P•J2
GTOIA
By: By: DKA -cv
AN COODY, May r SONDRA SMITH, City Clerk
EXHIBIT "A"
ANX 06-2020
THE SOUTH HALF (S 1 /2) OF THE SOUTH HALF (S 1 /2) OF THE NORTHEAST
QUARTER (NE 1 /4) OF THE NORTHEAST QUARTER (NE 1 /4) OF SECTION 15, IN
TOWNSHIP 16 NORTH OF RANGE 31 WEST OF THE FIFTH PRINCIPAL MERIDIAN,
AND CONTAINING TEN ( 10) ACRES, MORE OR LESS. LESS AND EXCEPT THE
FOLLOWING ONE ( 1 ) ACRE TRACT, DESCRIBED AS BEGINNING AT THE
NORTHWEST CORNER OF SAID TEN ( 10) ACRE TRACT, AND RUNNING THENCE
EAST 622.3 FEET, THENCE SOUTH 70 FEET, THENCE WEST 622.3 FEET, THENCE
NORTH 70 FEET TO THE PLACE OF BEGINNING, AND EXCEPT THE FOLLOWING
ONE AND ONE-HALF (1 1/2) ACRE TRACT, DESCRIBED AS COMMENCING AT THE
SOUTHWEST CONER OF SAID TEN (10) ACRE TRACT, THENCE NORTH 135 FEET,
THENCE EAST 484 FEET, THENCE SOUTH 135 FEET, THENCE WEST 484 FEET TO
THE POINT OF BEGINNING, AND LEAVING SEVEN AND ONE-HALF (7 1 /2) ACRES,
MORE OR LESS.
---ORO -_,. - _r *:r+^.-1"`".,,"W.!" i-,� �,�, Su,Y7„�q.'=G�'ar�:-• ..+
Washington County, AR
I certify this instrument was filed on
07127/2006 11 :38:14 AM
and recorded in Real Estate
File Number 2006-000304
Bette Stamps - Circu't
by
ti Q ddLdz a�' �.n.Lrw (o/tel/off_.. a �D
1
ALDERMAN AGENDA REQUEST FORM �I6106 10
A�vX o�
FORT COUNCIL MEETING OF July 6, 2006
FROM: ALDERMAN SHIRLEY LUCAS
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Annex The Property Described In ANX 06-2020 (Hays)
APPROVED FOR AGENDA:
Shirley Luca Date V
Alderman
pl,• 1�. 9b
erem t Date
irector o Current Planning
Kit William Date
City Attorney (as to form)
City Council Meeting of July 06, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
III
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: June 27, 2006
Subject: Annexation for Hays (ANX 06-2020)
RECOMMENDATION
The Planning Commission recommended approval of the subject annexation request for
approximately 7.5 acres of property located east of Double Springs Road, north of Dot
Tipton Road.
BACKGROUND
On April 24, 2006, the Planning Commission tabled this annexation request. The
annexation of this property would have created a 1 -acre island of unincorporated
property. Aware that the property owner to the north was in the process of requesting
annexation through the County, staff recommended and the Planning Commission acted
to table the proposed annexation until both requests could be considered simultaneously.
An annexation petition was submitted for the property to the north (ANX 06-2127
Williams) and heard for consideration by the Planning Commission at the same meeting
as this request.
The subject property contains approximately 7.5 acres and is located on Double Springs
Road, north of Dot Tipton Road. The property is bordered to the east and west by the
city limits, with Silverthome Subdivision to the west and Legacy Point Phase 4 (under
construction) to the east. A portion of the northern property line abuts property recently
annexed into the City of Fayetteville and zoned RMF-6, subject to a Bill of Assurance.
The remaining northern property line lies adjacent to a parcel of unincorporated property
containing approximately 1 acre also proposed to be annexed into the City of
Fayetteville.
The applicant requests annexation of 7.5 acres into the city limits to allow for residential
development of greater density than would be possible otherwise, by utilizing the
amenities provided when annexing into the city (i.e. sewer). The applicant has submitted
a rezoning request with the annexation petition to rezone the property from R-A to RSF-
4.
City Council Meeting of July 06, 2006
Agenda Item Number
DISCUSSION
This item was heard at the regular Planning Commission on June 26, 2006. The Planning
Commission voted 9-0-0 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 06-2020 (CC2006-2), FOR
PROPERTY LOCATED EAST OF DOUBLE'k
SPRINGS ROAD, NORTH OF DOT _ TIPTON
ROAD, CONTAINING APPROXIMATEL - Y ` 7.5
ACRES. ` w
BE IT ORDAINED BY THE CITY... COUNCIL OF .THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section 1 : That the City Council hereby ebnfrmsethe . annexation to the City of
Fayetteville, Arkansas, of that property described in Exhi6if"A" attached hereto and made a part
V
hereof
Section 2 : That the official map of-the City ofF_ ayetteville, A_ ikansas, is hereby amended
to reflect the change provided in Section I above. "` µ
Section 3 : That the official zoning map of the City,,of Fayetteville, Arkansas is hereby
amended to assign th6 zoning' designation of*.R-A, Residential Agricultural to the subject
property. 6
> 4e
Sect ionA:,,Tbat the above-descnb_ed`prope?ty is hereby assigned to Ward No. Four.
It
.&PASSED and APPROVED tliis day of 12006.
APPROVED ATTEST:
4 .
By: By:
DAN COODY.;' Mayor SONDRA SMITH, City Clerk
EXHIBIT "A"
ANX 06-2020
THE SOUTH HALF (S %) OF THE SOUTH HALF (S %:) OF THE NORTHEAST QUARTER
(NE '/) OF THE NORTHEAST QUARTER (NE '/<) OF SECTION 15, IN T14OWNSHIP 16
NORTH OF RANGE 31 WEST OF THE FIFTH PRINCIPAL ,,,/ ERI IAN, AND
D
CONGTAINING TEN ( 10) ACRES, MORE OR LESS. LET SANEXCEPT THE
FOLLOWING ONE ( 1 ) ACRE TRACT, DESCRIBED AS BEGINNING.ATTHE
NORTHWEST CORNER OF SAID TEN ( 10) ACREETRACT, AND RUNNING THENCE
EAST 622.3 FEET, THENCE SOUTH 70 FEET, THENCE WEST 622.3 FEET, THENCE
NORTH 70 FEET TO THE PLACE OF BEGINNING,. AND EXCEPT THE FOLLOWING
ONE AND ONE-HALF (1 %) ACRE TRACT, DESCRIBED,'AS COMMENCIN AT THE
SOUTHWEST CONER OF SAID TEN ( 10) ACRE TRACVTHENCE NORTH 135 FEET,
THENCE EAST 484 FEET, THENCE SOUTH 135 FEET, `MENCE WEST 484 FEET TO
THE POINT OF BEGINNING, AND LEAVING SEVEN ANI�ZNE-HALF (7 'h) ACRES,
MORE OR LESS.
,W,+ �: _
y.:
e Ralik PC Meeting of June 26, 2006
ARKANSAS
St-
THE CITY OF FAYETTEVILLE, ARKANSAS 125 Mountain
Fayetteevv Mountain
AR 7270101
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: June 16, 2006
ANX 06-2020: Annexation (HAYS, 474): Submitted by LANDTECH ENGINEERING on
behalf of Joan Hays for property located on Double Springs Rd., N of Dot Tipton Rd.. The
property is in the Planning Area and contains approximately 7.5 acres. The request is to annex
the subject property into the City of Fayetteville.
Planner: Suzanne Morgan
RECOMMENDATION:
Staff recommends approval of the requested annexation of the 7.5-acre tract in to the City
of Fayetteville.
PLANNING COMMISSION ACTION: Required YES
Rj Approved O Denied
Date: June 26, 2006 p )oL , ( \a�� Seco /f(,t��es ✓� ' 9-U'-U
CITY COUNCIL ACTION: . Required YES
' O Approved O Denied
Date July 18, 2006 (1st reading if recomureuded)
BACKGROUND:
On April 24, 2006, the Planning Commission tabled this annexation request. The annexation of
this property would have created a 1 -acre island of unincorporated property. Aware that the
property owner to the north was in the process of requesting annexation through the County, staff
recommended and the Planning Commission acted to table the proposed annexation until both
requests could be considered simultaneously. An annexation petition has been submitted for the
property to the north (ANX 06-2127 Williams) and is on the June 26, 2006 Planning
Commission agenda.
Property description: The subject property contains approximately 7. 5 acres and is located on
Double Springs Road, north of Dot Tipton Road. The property is bordered to the east and west
by the city limits, with Silverthorne Subdivision to the west and Legacy Point Phase 4 (under
construction) to the east. A portion of the northern property line abuts property recently annexed
into the City of Fayetteville and zoned RMF-6, subject to a Bill of Assurance. The remaining
KAReports120061PC Reportx106.26-06WNX 06-1010 (Hzos).doc
northern property line lies adjacent to a parcel of unincorporated property containing
approximately I acre also proposed to be annexed into the City of Fayetteville.
Proposal: The applicant requests annexation of 7.50 acres into the city limits to allow for residential
development of greater density than would be possible otherwise, by utilizing the amenities provided
when annexing into the city (i.e. sewer). The applicant has submitted a rezoning request with the
annexation petition to rezone the property from R-A to RSF-4.
Recommendation: Staff recommends approval of the requested annexation in conjunction with
the annexation of adjacent property finding that the incorporation of this property and its
anticipated development will create an acceptable city boundary and be compatible with the
adjacent development.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Single family homes RMF-6 (with Bill of Assurance)
Planning Area
South Rural Single family homes Planning Area
East Vacant (Legacy Pt. Sub. under construction RSF-4
West Silverthome Subdivision RSF-4
INFRASTRUCTURE:
Streets: The site has access to Double Springs Road. Double Springs Road is an
unimproved two-lane paved roadway at this property. Improvements that may be
required shall be evaluated by staff as development occurs.
Adjacent Streets: West: Double Springs Road (Minor Arterial)
Water: Public water is adjacent to the site. There is an 8" waterline along Double Springs
Road. 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 not available on the site. There is an 8" sewer line located in the
adjacent subdivision on the west side of Double Springs Road and to the north in
the Legacy Point Subdivision. Improvements to the sewer system may be required
dependent upon the demand placed by the development. Sewer service will need
to be extended to the property at the time of development.
Drainage: Standard improvements and requirements for drainage will be required for the
development.
Fire: These 7.5 acres are covered by Engine 7 located at 835 N Rupple Rd. The
property is 3 . 1 miles from the station with an expected response time of 6
K:IReporm12006NC Repor1s106-26-06W XX 06-2020 (na}c).doc
minutes. Measured hydrant flow in the area is 1465 gallons/minute. The Fire
Department anticipates 7 (4 EMS — 3 Fire/Other) calls for service per year once
the development is completed and maximum build-out has occurred. 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 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
11 .6.a Annex existing islands and peninsulas and do not annex areas that would create an
island or peninsula.
Finding: The requested annexation, in conjunction with the annexation of an adjacent 1-
acre parcel to the north, will create an acceptable city boundary that will "fill
in" an area currently surrounded by city limits. Staff finds that the proposed
annexation satisfactorily meets the requirements in the annexation guideline
policy. Thus, staff recommends that the annexation of this property occur in
conjunction with the annexation of property to the north.
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 along its north, east
and west boundaries. The request does not extend the city limit boundary
further south than the current limits reach.
11 .6.c Areas should either include or exclude entire subdivisions or neighborhoods, not
divide.
Finding: This area does not divide neighborhoods. There are several single-family
dwellings that line Double Springs Road both to the north and south of this
property. Some of these homes will remain and others will be removed through
development of recently annexed property. There are two existing single-family
dwellings between this property and Dot Tipton Road.
K.Wepor1s120061PC Reporb106-26-06WNX 06-2020 (lla)r).doc
}
11 .6.d Boundaries for annexed areas should follow natural corridors.
Finding: The proposed boundaries follow existing property lines.
11 .6.e Timing of services within annexation areas should be considered.
Finding: Current conditions result in a response time of 6 minutes for fire protection
from Fire Station #7. 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 with some wooded areas adjacent to
Double Springs Road and along the southern property line. Development
regulations within the City will ensure appropriate development and
preservation of the existing natural features on the property.
EMERGENCY AND PUBLIC SERVICES
11 .6.8 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.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: The applicant has met with staff regarding the possibility of extending sewer
K.Weporrsp006WC Repor[s106-16-06W NX 06-2020 (Na}s).do
outside the city limits to serve a development on this property. However, the
applicant has chosen to request annexation into the City of Fayetteville as did
the adjacent property owner to the north. Public services are available to the
properties adjacent to the subject property; therefore, the annexation of this
property will not create an unnecessary load of calls or extension of service area
on emergency services and public facilities.
Water, fire and police protection are currently provided in this area. The
property is adjacent to city limits, to which utilities and other public service
providers already respond.
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.
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. As it exists, annexation of the property would
not require the upgrading of utilities unless and until additional development
that increases the demand on public services is proposed.
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 are requesting a rezoning of RSF-4 to allow for the
development of a single-family residential subdivision, similar to the
subdivisions east and west of the property.
11.6.p An annexation study should be completed on all annexation proposals.
K:IReports120061PC Repor s106-26-06WNX06-1020 (Ha}s).doc
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: No development proposal has been submitted to the City of Fayetteville. Any
request to develop or subdivide this property requires staff review and approval
by the Planning Commission.
11.6.r Residents should be fully informed of annexation activities.
Finding: Adjoining neighbors have been notified of the annexation request. A legal ad
and display have both been submitted with a local newspaper prior to the
Planning Commission meeting for which this item is scheduled.
11.6.w Encourage larger annexations to create acceptable boundaries.
Finding: Property recently annexed to the north began to incorporate portions of county
property located between the city limits. This request will further "fill in" the
city limits to the south, between Silverthorne and Legacy Pointe IV
Subdivisions.
11.6.t Conduct a fiscal impact assessments on large annexations.
Finding: No fiscal impact assessment was conducted for this annexation of 7.50 acres.
K. IReportsl2006NC ReporM06-26-06WNX 06-2020 (Nays). doe
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.
1 1.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer.
Administration of Annexations
11.6.o Designate zoning districts for the property during the annexation process.
l 1.6.p An annexation study should be completed on all annexation proposals.
1 I.6.q Development proposals require a separate review from the annexation proposals.
1 1.6.r Residents should be fully informed of annexation activities.
1 1.6.w Encourage larger annexations to create acceptable boundaries.
1 1.6.t Conduct a fiscal impact assessments on large annexations.
K. Weports12006NC Repond06-26-06WNX 06-2020 (Ifa)q).doc
Fayetteville Fire
Department
To: Suzanne Morgan, Andrew Garner, Jeremy Pate, and Jesse Fulcher
Thru: Tony Johnson, Chief
Bud Thompson, Assistant Chief - Support
Kyle Curry, Battalion Chief - Fire Marshal
From: Captain Dale Riggins
Date: April 19, 2006
Re: April 18, 2006 Zoning Review - Fire Department Comments
ANX06-2020
RZN06-2021 (Hays, 474)..
These 7.5 acres are covered by Engine 7 located at 835 N Rupple Rd.
The property is 3.1 miles from the station with an expected response time of 6 minutes.
Measured hydrant flow in the area is 1465 gallons/minute.
The Fire Department anticipates 7 (4 EMS —3 Fire/Other) calls for service per year once
the development is completed and maximum build -out has occurred.
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
development.
Please feel free to contact me if you have any questions
@ale 1814 gins
Fayetteville Fire Department
:
INK 11114021J111111 111i41121 4 !1 ill
,7
JJRUU_ .i
, ix W'r' a.• . 4w
I� ,•r M
� f
i : e.p'X4a'ia1
IN THE COUNTY COURT OF WASHINGTON COUNTY
IN THE MATTER OF:
ANNEXATION OF CERTAIN LANDS TO THE `a
CITY OF FAYETFEVILLE, ARKANSAS
Ste__,
NO.CC24btE ; " �[``s''t7�
ORDER OF ANNEXATION o m≥ a
Now on this 28th day of February, 2006, this cause comes to be heard, the Petitioners, 0'
Lloyd and Joan Hays Revocable Trust, Joan C. Hays, Trustee, who are represented by
Karen S. Hays, after announcing the hearing of the cause and there being no protests or
objections, whereupon, the matter is submitted to the Court upon the Petition filed herein,
and the oral and documentary evidence having been adduced, the Court being well and
sufficiently advised finds:
The Petition in this cause was filed on the 25th day of January, 2006, at
which time this Court fixed the 28th day of February, 2006, 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.
4. The area is not unusually large and it is contiguous and adjacent to the
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 Act No. I of the
Acts of the Legislature of 1875 of the State of Arkansas, and all Acts amendatory thereto,
particularly including Act 142 of the Acts of Arkansas for the year 1953, as codified in
Ark. Code Ann. § 14-40-601, et seq., and this Order shall be duly recorded by the County
Clerk of Washington, County.
fl
IT IS SO ORDERED this oZ 2 day of 'u 2006.
The on a Jerry Hunton
ashingt n County Judge
x
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF THE PETITION OF CERTAIN
PROPERTY TO THE CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS
Co
NO.
1
The Petitioners, Lloyd and Joan Hays Revocable Trust, Joan C. Hays, Trustee,
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:
That Petitions own the real property described on the Plat Map, Exhibit
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.
2. The Petitioners name David W. Hays and Karen S. Hays as persons
authorized to act on their behalf with respect to this Petition.
3. The Petitioners desire that the Real Property become part of the City of
Fayetteville, Arkansas, and petitions the County Judge for annexation of
the Real Property into the City of Fayetteville.
4. A true and correct presentation of the Real Property and how it is
contiguous to the City of Fayetteville, Arkansas, is shown on the Plat
Page 1 of 4
Map, Exhibit "A"attached hereto.
5. The Petitioners herein desire that the Real Property become part of the
City of Fayetteville, Washington, County, Arkansas, and the Petitioners
state that they will do any and all legal acts necessary to accomplish the
objective set forth herein.
THEREFORE, Petitioner respectfully prays 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.
a
Lloyd 4 Joan Hays Revocabl Trust
Joan C. Hays, Trustee
SUBSCRIBED AND SWORN TO before me, a Notary Public, on this the
day of a f 2006.
My Commission Expires:
S//Ri
OFFICIAL SEAL -�
TYLER HEATH BENSON
NOTARY PUBLIC . ARKANSAS
WASHINGTON COUNTY
COMMISSION EX?, 0511812015
Page 2 of 4
Overview
Streets
'N_, Existing
i� Planned
Boundary
' Planning Area
rp000%
0000O8 Overlay District
!(s�'', Outside City
Legend
0
125
250
500
750
1,000
Feet
Overview
Legend
g000Q Overlay District — ROODWAY
O400 33
I
- 500 YEAR
- 100 YEAR
— UMIT OF STUDY
- Bme enufk
O Fayetteville
z=ns Oelside City
AR%06-2020
vectorGDB.Fooyflm 2004
0 125
250
500
750
1.000
Feel
From: Clarice Pearman
To: Pate, Jeremy
Date: 7.11.06 5:51 PM
Subject: Ords. 4894, 4895 & 4896
Jeremy,
Attached are copies of the above ordinances passed by City Council July 6, 2006. If anything else is
needed please let me know.
Thanks.
Clarice
CC: Audit; GIS
fl4.!eN!oRa!H:Es:!R::IsA:E;lII;w.I
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Elizabeth Wax, 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 4894
Was inserted in the Regular Editions:
July 13, 2006
Publication Charge: $114.98 RECEIVED -
Subscribed an worn to before me
This/i o 2006.
Notary Public
My Commission Expires:
Sharlene D. Williams
Notary Public
State of Arkansas
My Commission Expires
October 18, 2014
JUL 17 2005
CITY OF FAYETI"EVILLE
vnmMRN61E NO. 4884 F , ,
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX OG �� le
2020 (CC2000-2). FOR PROPERTY LOCATED EASTfl
Faye
OF DOUBLE SPRINGS ROADTH , NOROF DOT TIP-
TON ROAD, CONTAINING APPROXIMATELY 7.5
I'ACRES. -'-
-' ARKANSAS
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLB. ARKANSAS; t
Section 1: That the City Council hereby firms the annexation to the City of Fayettevitle , Arkarlses,
of that property described InExhIbIt •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 W 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. Four.
PASSED and APPROVED this 6th day of Ad y 2008. -
APPROVED: .:J +, 1 ATTEST:'
By:
BY.
DAN COODY, Mayor ) SOMORA SMITH, City CHrk
. .a J T [,xi f.r -
EXHIBIT •A' "' I
ANX OB-2020 •a
THE SOUTH HALF (51/2) OF THE SOUTH HALF (S 1P2) OF THE NORTHEAST QUARTER (NE 1/41 /.r 1_ ..LMu-...- -. . -__
LESS AND
vr. vvv i n r u rcc i, r ncnct vxtJ I b223 FEET, THENCE NORTH 70 FEE
tCE OF BEGINNING. AND EXCEPT THE FOLLOWING ONE AND ONE-HALF (11/2) A
DESCRIBED AS COMMENCING AT THE SOUTHWEST LONER OF SAID TEN (10) P
THENCE NORTH 135 FEET. THENCE EAST 484 FEET, THENCE SOUTH 135 FEET, THE
B4 FEET TO THE POINT OF BEGINNING, AND LEAVING SEVEN AND ONE-HALF (7
MORE OR LESS.
WASHINGTON COUNTY
STATE OF ARKANSAS
Washington County Courthouse
".: !'• 280 North College Avenue, Suite 300
• Fayetteville, Arkansas 72701
Telephone: (479) 444-1711
KAREN COMBS PRITCHARD Fax: (479) 444-1894
COUNTY AND PROBATE CLERK
August 21, 2006
To: City Clerks Office
From: Jennifer Sharpshair
Deputy County Clerk
I have enclosed the finalization of 3 Fayetteville Annexations.
CC2006-2
CC2006-5
CC2006-10
If you have any questions you can give me a call at 444-1713.
Inks,.
4
IREG IVrEu
AUG 2c 2f0i
CITY OF FAYETTEVILLE
C CLERKSFFICE
IIVOlX11111 1111! II� 11111 IiI) IJ!!I 11111 11111 JO!! 1W! 11th H IIIIIIII
Doc ID: Recorded: 07/27/20 T
006at11 :38:14 AM
Amt: t: $11.00 Paae I of 1 2
Haehlneton County. AR
Bette Stamps Circuit Clerk
Fl1e2006-00030448
O
O
5C7_..:
yC� ?
C —
T1
ORDINANCE
4
NO. 489OO-4
AN ORDINANCE ANNEXING
THAT PROPERTY•
DESCRIBED IN ANNEXATION
PETITION ANX 06-
n=
2020 ((CC2006=2)) FOR PROPERTY
LOCATED EAST
OF DOUBLE SPRINGS ROAD, NORTH OF DOT
TIPTON ROAD, CONTAINING APPROXIMATELY 7.5
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. Four.
PASSED and APPROVED this 6w day of July, 2006.
ATTEST:
•
•
*FAYETTEVILLE:
ps.9�KANSP�J���
By: &O(Ad&#.i? 9s'
SONDRA SMITH, City Clerk
EXHIBIT "A"
ANX 06-2020
THE SOUTH HALF (S 1/2) OF THE SOUTH HALF (S 1/2) OF THE NORTHEAST
QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 15, IN
TOWNSHIP 16 NORTH OF RANGE 31 WEST OF THE FIFTH PRINCIPAL MERIDIAN,
AND CONTAINING TEN (10) ACRES, MORE OR LESS. LESS AND EXCEPT THE
FOLLOWING ONE (1) ACRE TRACT, DESCRIBED AS BEGINNING AT THE
NORTHWEST CORNER OF SAID TEN (10) ACRE TRACT, AND RUNNING THENCE
EAST 622.3 FEET, THENCE SOUTH 70 FEET, THENCE WEST 622.3 FEET, THENCE
NORTH 70 FEET TO THE PLACE OF BEGINNING, AND EXCEPT THE FOLLOWING
ONE AND ONE-HALF (1 1/2) ACRE TRACT, DESCRIBED AS COMMENCING AT THE
SOUTHWEST CONER OF SAID TEN (10) ACRE TRACT, THENCE NORTH 135 FEET,
THENCE EAST 484 FEET, THENCE SOUTH 135 FEET, THENCE WEST 484 FEET TO
THE POINT OF BEGINNING, AND LEAVING SEVEN AND ONE-HALF (7 1/2) ACRES,
MORE OR LESS.
IN THE COUNTY COURT OF WASHINGTON COUNTY N
C
IN THE MATTER OF: o� _
ANNEXATION OF CERTAIN LANDS TO THE =Q'
CITY OF FAYETTEVILLE, ARKANSASIII
o�?e,
NO. Cyr s C
o
ORDER OF ANNEXATION o —
CM
Now on this 28`h day of February, 2006, this cause comes to be heard, the Petitioners,
Lloyd and Joan Hays Revocable Trust, Joan C. Hays, Trustee, who are represented by
Karen S. Hays, 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 25th day of January, 2006, at
which time this Court fixed the 28th day of February, 2006, 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.
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.
The land proposed to be annexed to the City of Fayetteville, Washington
County, Arkansas, in this cause is described on "Exhibit A" attached
hereto.
4. The area is not unusually large and it is contiguous and adjacent to the
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 Act No. I of the
Acts of the Legislature of 1875 of the State of Arkansas, and all Acts amendatory thereto,
particularly including Act 142 of the Acts of Arkansas for the year 1953, as codified in
Ark. Code Ann. § 14-40-601, et seq., and this Order shall be duly recorded by the County
Clerk of Washington, County.
IT IS SO ORDERED this day of�2006.
The A —
Hon eashinnty Judge
t7
A
H'}j'- • • l dam. V:.
�T`�� i Ai•
SE°'Tq State of Arkansas
�' Secretary of State
Business & Commercial Services 682-3409
Elections 682-5070
Building& Grounds 682-3407
qI? NSPs - Communications & Education 683-0057
State Capitol Police 682-5173
-Charlie Daniels Business Office 682.8032
Secretary of State Information Technology 682-3411
August 242006
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:
Date: 08/24/2006 County: Washington City: Fayetteville
Annexation: - Ordinance No. - 4894
Co. Order No - 2006-2
Plat - - X --Hays Annexation
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 -
2nd Class City -
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 1-800482-1127 or 682-3451
Sincerely, -
Tena Arnold.
Election Services Representative
Arkansas. Secretary of State
Room 256 State Capitol • Little Rock, Arkansas 72201-1094
501.682.1010 • Fax 501-682.3510
e-mail: arsos@sos.arkansas.gov • www.sos.arkansas.gov
RECEI
AUG 24