HomeMy WebLinkAboutOrdinance 4916 i 3 Doc ID : 010433800003 TVDe : REL
ffff''� Recorded : 10/03/2008 at 11 : 22 : 45 AM
>..- L.• D { Fee Amt : $14 . 00 Pape 1 of 3
Mashincton Countv . AR
Bette Stamps Circuit Clerk
2006 SEP 26 AM 9: 08 File2006-00040778 ..
ti • 1 �. ( r ,j f.`�� nr
+Jil'�l:I`i �t7JIIJlvI•ti'1f11� -
CO. & PROB E CLERK
WASHINGTON CO. ARK,
ORDINANCE NO, 4916
AN ORDINANCE CONFIRMING THE ANNEXATION OF
THAT PROPERTY DESCRIBED IN ANNEXATION PETITION
ANX 06-2225 (CC2006-17), FOR PROPERTY LOCATED
WEST OF 54 TH AVENUE, EAST OF .DOUBLE SPRINGS
ROAD, NORTH AND SOUTH OF DOT TIPTON ROAD,
CONTAINING APPROXIMATELY 55. 16 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" and map labeled Exhibit `B"
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.
%%VTR
ablY pF.Gp;.
PASSED and APPROVED this 5w day of September, 2006. Zoe Z
: FAYETTEVILLE *
APPROVED: ATTEST: ,.9 5 '�
'•9s5��.KANSeo ? P�J?
00600
ununu
Nij IV
By: By: &�l�
DAN COODY, Mayor SONDRA SMITH, City Clerk
t
r, a
EXHIBIT "A"
ANX 06-2225
PART OF THE SW 1/4 OF THE NW 1/4 OF SECTION 14 AND PART OF THE SE 1 /4 OF THE NEIA
OF SECTION 15 ALL IN T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF SAID SW 1/4, NW 1 A
THENCE N00° 11 '49"E 55 .00 FEET TO THE P.O.B., THENCE S89054' 10"W 1320.92 FEET, THENCE
S00°28'05"W, 55 .08 FEET, THENCE S89°46'03"W 825.57 FEET, THENCE N00°O1 ' I8"W 788.63
FEET, THENCE S89@5214415W 498.02 FEET, THENCE N00°03 ' 19"W 178.42 FEET, THENCE
N89°48' 13"E 1223 .36 FEET, THENCE N00' 15 ' 19"E 30.06 FEET, THENCE N81 ° 18' 16"E 26.02 FEET,
THENCE N64`25'41 "E 41 .57 FEET, THENCE N51 * 1252395E 42.73 FEET, THENCE N37038'20"E
53.46 FEET, THENCE N55'03709"E 44.28 FEET, THENCE N77046'35"E 8.59 FEET, THENCE
N00' 13159"E 143.49 FEET, THENCE N89'54'27"E 100.43 FEET, THENCE N00'49'36"E 100.00
FEET, THENCE N89056'0257E 382.57 FEET, THENCE S00° 12119)5W 195 .59 FEET, THENCE SOUTH
70.08 FEET, THENCE N89043 '23"E 229.75 FEET, THENCE N00°07957"E 35 .00 FEET, THENCE
N89043102"E 208.02 FEET, THENCE S00' 13 ' 16"W 2.24 FEET, THENCE N89055 '03"E 329.60 FEET,
THENCE S00° 1 I '49"W 1071 .53 FEET TO THE P.O.B.; CONTAINING 55. 16 ACRES MORE OR
LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD.
t
EXHIBIT "B"
-
_ t
ars
Y
w
1 r NO
t
`3i .
Zino-
E+ -
t IN
3
c3mn.
_ r
tea _
rz
-
pr
_ ��r,'�`t x � 3� moi.+ '•.. ;� �� � �i '�{��'� �y.
02-1-
_+T QST - -�
OM-
-5
F -Kr -g 3 c sY
�� mg
� £ f �RI,'' rEax.
T
ORD
City of Fayetteville 1WfdsO
Staff Review Form /M6
City Council Agenda Items
or 4NIvY
Contracts Xly
5-Sep-06
City Council Meeting Date
Tim Conklin Planning & Development Mgmt. Operations
Submitted By Division Department
Action Required:
ANX 06-2225 (Raymond Smith): Submitted by Raymond Smith for property located west of 54th Avenue, east of Double
Springs Road, north and south of Dot Tipton Road. The property is in the Planning Area and contains approximately 55. 16
acres. The request is to conGrnr the annexation of the subject property into the City of Fayetteville and zone and assign to
Ward Four.
$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 I Project CategoryName
n/a n/a F- n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached O
Previous Ordinance or Resolution #
F�18 -n(Cz�
Department birector Date Original Contract Date:
Original Contract Number:
City Attorney
Received inUffiERErD
Office
t1 /6
Finance and Internal Service Director Date
Received in Mayor's Office ENTERED
Mayor Dale
Comments:
City Council Meeting of September 05, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From : Tim Conklin, Planning and Development Management Director �G
Date: August 17, 2006
Subject: Annexation of 55 . 16 acres for property located west of 54'" Ave., east of
Double Springs Road, north and south of Dot Tipton Road.
RECOMMENDATION
The City Council, by ordinance, will need to confirm the annexation and assign the
subject property to Ward No. 4.
BACKGROUND
The City Council passed Resolution 132-06 by a 6-1 -0 vote accepting the territory
described in County Court Order No. CC 2006-17 containing approximately 55 . 16 acres
located west of 54" Ave., east of Double Springs Road, north and south of Dot Tipton
Road.
This property is located in the area that is identified and included in the unincorporated ,
island between Fayetteville and Farmington (Area B). The subject property will be zoned
R-A Residential Agricultural .
The applicants are Bobby and Donna Treat, Co-Trustees, Bobby and Donna Treat
Revocable Trust; D.W. Tipton; Richard L. Martin and Carol J. Brown; Ernesto Martinez
and Maria Vargas; Valeriano and Dena Martinez; J.B. Hayes, Trustee; and Jose Orellana.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE CONFIRMING THE
ANNEXATION OF THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX
06-2225 (CC2005- 17), FOR PROPERTY
LOCATED WEST OF 54 TH AVENUE, EAST OF
DOUBLE SPRINGS ROAD, NORTH AND
SOUTH OF DOT TIPTON ROAD, CONTAINING
APPROXIMATELY 55. 16 ACRES:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
ti
Section 1 : That the City Council hereby confirms��the annexation to the City of
Fayetteville, Arkansas, of that property described in Exhibit '`•`A" and map labeled Exhibit "B"
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.
w '. ry
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 thisday of 12006.
APPROVED: .,\ , ! ATTEST:
By: %' By:
DAN. COODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT "A"
ANX 06-2225
PART OF THE SW 1/4 OF THE NW I /4 OF SECTION 14 AND PART OF THE SEI /4 OF THE NE1 /4
OF SECTION 15 ALL IN T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF SAID SW 1 /4, NW 1 /4
THENCE N0001 1 '49"E 55 .00 FEET TO THE P.O.B:, THENCE S89�5410"W 1320.92 FEET, THENCE
S00028 '05"W 55 .08 FEET, THENCE S89°46'03"W 825 .57 FEETjHENCE NOO.01 ` 18"W 788 .63
FEET, THENCE S89`52'447W 498.02 FEET, THENCE N00`03.' 19"W 178 .42 FEET, THENCE
N89"48 ' 13"E 1223 .36 FEET, THENCE N000151 1 9"E 30.06 FEETJHENCE N81 ° 18 ' 16"E 26.02 FEET,
THENCE N64°25 '41 "E 41 .57 FEET, THENCE N51 ` 12'23"E 42.73 FEET, THENCE N37038 '20"E
53 .46 FEET, THENCE N55003 '09"E 44.28 FEET, 1'14ENCE N77046'35"E 8 .59 FEET, THENCE
N00613 '59"E 143 .49 FEET, THENCE N89054'27"&100:43TEET, THENCE N00649'36"E 100.00
FEET, THENCE N89°56'02"E 382.57 FEET, THENCE S00°1219W 195 .59 FEET, THENCE SOUTH
70.08 FEET, THENCE N89043 '23"E 229.75 FEET, THENCE N00-00T57E 35.00 FEET, THENCE
N89043 '02"E 208.02 FEET, THENCE S00043 ' 16"W 2.24 FEET' THENCE NW55 '03"E 329.60 FEET,
THENCE S0001 I '49)W 1071 .53 FEET TO THE-P.O.B.; CONTAINING,55 . 16 ACRES MORE OR
LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD., to
x
N
City Council Meeting Minutes
August I , 2006
Page 9 of ] I
Alderman Thiel: I appreciate their move to go ahead and try to do a PZD on this. The
neiggHborhood has really had to work on staying abreast on what is happening. It would have
been nid�e,, if they would have considered this at an earlier stage. I certainly a eciate that they
are doing`t• is now.
Tim Conklin: he email that we received did not mention a PZD. 1d you have a conversation
with them about ZD?
Mayor Coody: Yes.
Alderman Marr: I think it ould be appropriat , iat the staff share with the developers the
comments on Council tour abo the location 1 the proposed building as they consider the
design of their PZD. There are man eople at are concerned about the placement too close to
the neighborhood. I think they need to the lack of support for that placement.
Alderman Ferrell : I concur with at you e saying. On the tour I did not hear anyone say
they were opposed to putting a s re there, it was hist the way they were going to place it.
Alderman Lucas: I thin e PZD would make the ne'i . borhood more comfortable.
Alderman Reynolds' I would like to thank the developers f6 changing their plans and working
with the neighbo ood and Council .
Alderma eynolds moved to table the appeal indefinitely. Aide an Thiel seconded the
motion Pon
roll call the motion passed. 7-0. Alderman Rhoads Iva
sent.
This appeal was tabled indefinitely.
Annexation of Territory — CC-2006-17: A resolution to accept the territory described by the
County Court' s Order No. CC-2006- 17 annexing the territory into the City of Fayetteville.
Alderman Lucas: This is a piece of property that these owners had petitioned the County in
May to be brought into Fayetteville. If we do not bring them in then they will be brought into
Farmington and they would have to go through the process of de-annexing. Since they had
already started the process I thought it would be appropriate to go ahead and bring this forward
and bring them on into Fayetteville since that was their request.
Alderman Cook: As usual I disagree about annexations for the reasons that 1 have mentioned
before.
Raymond Smith, representing the petitioners said he would be glad to answer any questions the
Council might have.
Alderman Lucas moved to approve the resolution. Alderman Jordan seconded the motion.
Upon roll call the resolution passed 6-1 . Alderman Cook voting no. Alderman Rhoads was
absent.
113 west Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayetteville.org
City Council Meeting Minutes
August 1 , 2006
Page 10 of I I
Resolution 132-06 as Recorded in the Office of the City Clerk.
oskins/City of Fayetteville Trade and Purchase of Land : A resolution to app e a trade
an purchase of land, a budget adjustment of $ 105,500.00 and the banking of .64 acres for
futu parkland dedication requirements.
Mayor oody: I think that 2.64 acre number has changed.
Gary Dum , Director of Operations: Mr. Hoskins has asked for all the property the City
owns on the rth side of Joyce Street. That amounts to about 1 .3. 4cres, the exact amount to be
determined by survey. He wants to trade 3 to 1 for the 74res that he has on Shiloh. We
would then pure e roughly 2.5 acres and he would land ban the rest depending on how much
is actually on the Jo cc Street frontage. What we would be out of this is about 7.5 acres
at a cost per acre of out $ 14,000 per acre. The 7.4acres is covered by a blanket drainage
easement, that easement could be removed by requeing a vacation of that easement and then
consolidating the drainag down along the creek do not think that is an encumbrance to his
future development if we do of do this deal . There is also a SWEPCO easement and an existing
power line along the south 11 e of the 7.4 acres.s. As a part of the trade Mr. Hoskins has also
asked for the median that is c rrently onl,Joyce from roughly 300 feet east of Wilkerson to
roughly 500 feet of the intersectin street?lie shortened so that he can get a driveway access to his
property at the crest of the hill. En eerriing has looked at this and as long as he satisfies the site
line distances they do not have a prroob with it.
Alderman Cook: The curb cut' Concems e. There was a lot of discussion about providing a
boulevard in that location. Another concern f mine is making that cut and people trying to turn
left.
Gary Dumas: The boulevard is too narrow for a um lane. 1 think the current traffic in this
ff
area would not justif�the need fora turn lane but th City does have significant right of way on
the south side of Joyce Street that would allow for idening if a turn lane were to become
necessary. I do noVanticipate the need for a dedicated le turn lane in the near future.
Alderman Ferrell: What is staffs recommendation on this ade?
Gary Dumas: I think we have a very good deal here. The Ian the City owns has no value to
the City��nxcept as a maintenance issue. We would be getting 7.4 cres to extend green network
that eve6one is interested in and also extend the Skull Creek Trail t ough this area. I think it is
a veerryygood opportunity for the City to acquire this.
Al erman Cook: There is a 25 foot sewer easement.
/F/
Gary Dumas: Yes.
Alderman Cook: Is there an opportunity for us to use the sewer easement t rough there as
opposed to buying this whole piece of land?
Gary Dumas: He has indicated to me that his desire is to sell the entire piece.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayetleville.org
RESOLUTION NO. 132-06
A RESOLUTION TO ACCEPT THE TERRITORY
DESCRIBED BY THE COUNTY COURT'S ORDER NO.
CC 2006-17 ANNEXING THE TERRITORY INTO THE
CITY OF FAYETTEVILLE
WHEREAS, all of the real estate owners of a parcel of land contiguous to the City of
Fayetteville petitioned the Washington County Court to be annexed into the City of
Fayetteville; and
WHEREAS, after thirty days from the date of filing had elapsed and upon proper
repeated publication of the notice of the hearing in a newspaper, the Washington County
Judge held a proper hearing in which interested persons were allowed to appear and contest
the granting of the petition; and
WHEREAS, the County Judge being satisfied that the allegations of the petition
were sustained by the proof, that all of the owners of real estate signed this petition
requesting to be annexed into Fayetteville, that the territory requested to be annexed has been
accurately described and an accurate map thereof made and filed, and that the prayer of the
petition was right and proper therefore entered its order granting the petition and annexing
the territory on July 31 , 2006.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby accepts
the territory described in County Court Order No. CC 2006-17 (attached as Exhibit A) into
the City of Fayetteville as soon as legally possible so that this territory shall be deemed and
taken to be a part and parcel of the limits of the City of Fayetteville and its inhabitants shall
have and enjoy all the rights and privileges of the inhabitants of Fayetteville.
,pnrrnrrrn� �
PASSED and APPROVED this 1 day of August, 2006. `\G,•G�SY
_U •
: FAYETTEVILLE :
APPROVE ATTEST:
.ys 9hKANsit.
'''yJNGTON
By: By: to e u,ururru ".
DA GOODY, Mayo S NDRA SMITH, City Clerk
,r•
... ...... .. .. :. . _
ALDERMAN AGENDA RE QUSTFO M44006 [ I Ib�
/
FOR: COUNCIL MEETING OF AUGUST 1, 2006
�q-�ceprtcw�c.�
FROM: ALDERMAN SHIRLEY LUCAS
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A Resolution To Accept The Territory Described By The County Court's Order No. CC 2006-
17 Annexing The Territory Into The City Of Fayetteville
APPROVED FOR AGENDA:
Shirley LucDate
a,
Alderman
Kit Williams Date
City Attorney (as to form)
RECOVED
JUL ? 20cS
CITY OF FAYETTEVILLE
• C4TY CLERKS OFFICE
i
RESOLUTION NO.
A RESOLUTION TO ACCEPT THE TERRITORY DESCRIBED
BY THE COUNTY COURT'S ORDER NO. CC 2006- 17
ANNEXING THE TERRITORY INTO THE CITY OF
FAYETTEVILLE
WHEREAS, all of the real estate owners of a parcel of land contiguous to the City of
Fayetteville petitioned the Washington County Court to be annexed into the City of
Fayetteville; and
WHEREAS, after thirty days from the date of filing had elapsed and upon proper
repeated . publication of the notice of the hearing in a newspaper, the Washington County
Judge held a proper hearing in which interested persons were allowed to appear and contest
the granting of the petition; and
WHEREAS, the County Judge being satisfied that the allegations of the petition
were sustained by the proof, that all of the owners of real estate signed this petition
requesting to be annexed into Fayetteville, that the territory requested to be annexed has been
accurately described and an accurate map thereof made and filed, and that the prayer of the
petition was right and proper therefore entered its order granting the petition and annexing
the territory on July 31 , 2006.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby accepts
the territory described in County Court Order No. CC 2006- 17 (attached as Exhibit A) into
the City of Fayetteville as soon as legally possible so that this territory shall be deemed and
taken to be a part and parcel of the limits of the City of Fayetteville and its inhabitants shall
have and enjoy all the rights and privileges of the inhabitants of Fayetteville.
PASSED and APPROVED this I' day of August, 2006.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
• -Na
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKAJO�a o,
IN THE MATTER OF ANNEXATION '
OF CERTAIN LANDS TO THE CITY
OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2006-17
ORDER OF ANNEXATION z CJ7
NOW on this/day of July, 2006, this cause comes on to be heard the Petitioners,
Bobby G. & Donna Treat, Co -Trustees of the Bobby & Donna Treat Revocable Trust; D.
W. Tipton; Richard L. Martin & Carol J. Brown; Ernesto Martinez & Maria Vargas;
Valeriano & Dena Mendez; J. B. Hayes, Trustee; and Jose Orellano, represented by their
attorney, Raymond C. Smith of Fayetteville, Arkansas, announcing ready for a hearing of
this cause and there being no protests or objections filed herein, whereupon, the matter is
submitted to the Court upon the verified petition filed herein, and the oral and
documentary evidence adduced, the Court being well and sufficiently advised fmds:
1. The Amended Petition in this cause was filed July 18, 2006, and the Court fixed
July 31, 2006, at 10:30 a.m., as the date and time of the hearing for said cause, and a full
thirty days notice of hearing was given as required bylaw and notice of hearing was given
as required by law and notice of publication is now on file with the Clerk of the Court and
the Court has jurisdiction of this cause.
2. The Court is satisfied that the allegations of the said petition are sustained by the
proof, that the limits of the territory to be annexed have been properly filed, that the
r
property owner has a freehold interest in the property hereinafter described in the petition
and constitutes the real owner of the area affected.
enclosures
RAYMOND C. SMITH, P.A.
ATTORNEY AT LAW
4
Barristers Place, Suite 11
70 North College Avenue
Fayetteville, Arkansas
72701-6101
City Clerk
City of Fayetteville
Administration Building
113. W. Mountain Street
Fayetteville, Arkansas 72701
July 31, 2006
"HAND CARRIED"
Telephone (479)521-7011
Fax (479)443-4333
Toll Free 1-800-282-0168
Email rsmith7011 a@sbcglabal.net
Re: Order for Annexation
County Court of Washington County, Arkansas Case No. 2006-17
Dear Madam Clerk:
By this transmittal letter, Jam serving a copy of the Amended Petition for
Annexation filed July 18, 2006, in the County Court of Washington County,
Arkansas, Case No. CC 2006-17; along with a copy of the Order Setting
Hearing filed July 18, 2006, which set the petition down for a hearing on
July 31, 2006; copy of Affidavit of Publication filed July 3, 2006; and the
Order of Annexation entered July 31, 2006.
RECEIVED
JUL 3 1 200S
CRY OF FAYETTEVILLE
CITY CLERK'S OFFICE
07-31-C6P03:00 RCVD
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF ANNEXATION
=�z
OF CERTAIN LANDS TO THE CITY z�
OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2006-17 CD
AMENDED PETITION FOR ANNEXATION
COMES now, the Petitioners Bobby G. & Donna Treat, Co -Trustees, Bobby & Donna
Treat Revocable Trust; D. W. Tipton; Richard L. Martin & Carol J. Brown: Ernesto
Martinez & Maria Vargas; Valeriano & Dena Mendez; J. B. Hayes, Trustee; and Jose
Orelana by their attorney, Raymond C. Smith, and for their Amended Petition for
Annexation, state and allege as follows:
I. Petitioners by their attorney filed a Petition for Annexation on the 19°i day of May,
2006, for annexation of certain lands to the City of Fayetteville, Arkansas. Legal
Descriptions attached to said petition were by tracts, and inadvertently, the overall legal
description for the said tracts was omitted from the petition..
2. Legal notices were duly published; however, due to Scribner's error, the first two
publications contained slight errors in the legal descriptions, which error was corrected in
the third publication.
3. No one appeared and objected to the petition for annexation on July 11, 2006, the
date set for the petition to be heard by the County Court.
4. The purpose of the amended petition is to provide a correct overall legal
description for the land to be annexed into the City of Fayetteville, Arkansas.
AMENDED PETITION FOR ANNEXATION PAGE 1
5. Petitioners are the record title holders of the parcels of land contained in the
following described real property situated in Washington County, Arkansas:
OVERALL BOUNDARY DESCRIPTION:
Part of the S W 1/4 of the NW I/4 of Section 14 and part of the SE1/4 of the NEl/4 of
Section 15 all in T16N, R3I W in Washington County, Arkansas and being described as
follows: Commencing at the SE Comer of said SW 1/4, NW1/4 thence N00°l 1'49"E
55.00 feet to the P.O.B., thence S89°54'10"W 1320.92 feet, thence S00°28'05"W 55.08
feet, thence S89°46'03"W 825.57 feet, thence N00°01'18"W 788.63 feet, thence
S89°52'44"W 498.02 feet, thence N00°03' 19"W 178.42 feet, thence N89°48' 13"E
1223.36 feet, thence N00°15'19"E 30.06 feet, thence N81°18'16"E 26.02 feet, thence
N64°25'41 "E 41.57 feet, thence N51 °12'23"E 42.73 feet, thence N37°38'20"E 53.46
feet, thence N55°03'09"E 44.28 feet, thence N77°46'35"E 8.59 feet, thence
N00°13'59"E 143.49 feet, thence N89°54'27"E 100.43 feet, thence N00°49'36"E 100.00
feet, thence N89°56'02"E 382.57 feet, thence S00°12'19"W 195.59 feet, thence South
70.08 feet, thence N89°43'23"E 229.75 feet, thence N00°07'57"E 35.00 feet, thence
N89°43'02"E 208.02 feet, thence S00°13'16"W 2.24 feet, thence N89°55'03"E 329.60
feet, thence S00°11'49"W 1071.53 feet to the P.O.B.; Containing 55.16 acres more or
less subject to easements and Right of Way of record.
6. The above -described property is adjacent to and contiguous to the
present boundary line for the City of Fayetteville, Washington County, Arkansas.
7. The above -described property is suitable for annexation to the City of
Fayetteville, Arkansas, and is necessary for the proper growth, prosperity and
management of the land and the City of Fayetteville, Arkansas.
4. Pursuant to Arkansas Code Annotated Section 14-40-601 et seq, this Court
has jurisdiction over the subject matter herein, and Petitioners request that the
above -described real property be annexed in and to the City of Fayetteville,
Arkansas.
5. Petitioners further states that Attorney Raymond C. Smith of Fayetteville,
Arkansas, is authorized to act for and on behalf of the Petitioners in all matters
AMENDED PETITION FOR ANNEXATION PAGE 2
M
relating to this Petition and subsequent hearing or annexation proceedings.
6. Petitioners request this Court set a date for hearing on this Petition
subsequent to the filing of this Petition for further hearings or annexation
proceedings therewith.
WHEREFORE, Petitioner prays that the above -described real property be
annexed to the City of Fayetteville, Washington County, Arkansas, pursuant to the
provisions of applicable Arkansas law, subsequent to a hearing thereon as required
by law; that this Court, by Order, fix a time and place for said hearing subsequent
to the filing of this Amended Petition; and for all other relief to which the
Petitioners may be entitled.
BOBBY & DONNA TREAT, CO -TRUSTEES,
BOBBY & DONNA TREAT REVOCABLE
TRUST; D. W. TIPTON; RICHARD L. MARTIN
& CAROL J. BROWN; ERNESTO MARTINEZ
& MARIA VARGAS; VALERIANO & DENA
MARTINEZ; J. B. HAYES, TRUSTEE; AND
JOSE ORELLANA,
Petitione
B _
aymond C. mith
Attorney at Law #80135
Barristers Place, Suite 11
70 N. College Avenue
Fayetteville, Arkansas 72701
(479) 521-7011
AMENDED PETITION FOR ANNEXATION PAGE 3
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF ANNEXATION
OF CERTAIN LANDS TO THE CITY
OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2006-17
ORDER SETTING HEARING
NOW on this/c9 day of July, 2006, is presented to the Court an Amended Petition for
Annexation of certain lands to the City of Fayetteville, Arkansas, filed herein on July 18,
2006, by Attorney Raymond C. Smith on behalf of the Petitioners, Bobby G. & Donna
Treat, Co -Trustees, Bobby & Donna Treat Revocable Trust; D. W. Tipton; Richard L.
Martin & Carol J. Brown: Ernesto Martinez & Maria Vargas; Valeriano & Dena Mendez;
J. B. Hayes, Trustee; and Jose Orelana .
I
IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that pursuant to
Arkansas Code Annotated § 14-40-602, a hearing on said Petition for Annexation shall be
held in the County Court of Washington County, Arkansas, on the 3lstday July, 2006, at
/0: 30 o'clock a.m., and the Clerk of this Court is hereby directed to issue a notice of
hearing as set herein which shall be published in the manner and for the full length of
$a
C
o
time as required by law, god
N
IN THE COUNTY COURT OF WASHINGTON COUNTY, A RKAI
IN THE MATTER OF ANNEXATION
OF CERTAIN LANDS TO THE CITY oT
OF FAYETTARK
ANSAS ARKSAS CASE NO. CC 2006-17 "_„
b�
ORDER OF ANNEXATION
ti
rn
C-
C
w
a
l
UI
v
NOW on this/3ay of July, 2006; this cause comes on to be heard the Petitioners,
Bobby G. & Donna Treat, Co -Trustees of the Bobby & Donna Treat Revocable Trust; D.
W. Tipton; Richard L. Martin & Carol J. Brown; Ernesto Martinez & Maria Vargas;
Valeriano & Dena Mendez; J. B. Hayes, Trustee; and Jose Orellano, represented by their
attorney, Raymond C. Smith of Fayetteville, Arkansas, announcing ready for a hearing of
this cause and there being no protests or objections filed herein, whereupon, the matter is
submitted to the Court upon the verified petition filed herein, and the oral and
documentary evidence adduced, the Court being well and sufficiently advised fords:
1. The Amended Petition in this cause was filed July 18, 2006, and the Court fixed
July 31, 2006, at 10:30 a.m., as the date and time of the hearing for said cause, and a full
thirty days notice of hearing was given as required by law and notice of hearing was given
as required by law and notice of publication is now on file with the Clerk of the Court and
the Court has jurisdiction of this cause.
2. The Court is satisfied that the allegations of the said petition are sustained by the
proof, that the limits of the territory to be annexed have been properly filed, that the
property owner has a freehold interest in the property hereinafter described in the petition
and constitutes the real owner 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 SW I/4 of the NW 1/4 of Section 14 and part of the SEl/4 of the NEl/4 of
Section 15 all in T16N, R31W in Washington County, Arkansas and being described as
follows: Commencing at the SE Corner of said SW I/4, NWI/4 /4 thence N00°11'49"E
55.00 feet to the P.O.B., thence S89°54'10"W 1320.92 feet, thence S00°28'05"W 55.08
feet, thence S89°46'03"W 825.57 feet, thence N00°01' 18"W 788.63 feet, thence
S89°52'44"W 498.02 feet, thence N00°03' 19"W 178.42 feet, thence N89°48' 13"E
1223.36 feet, thence N00° 15' 19"E 30.06 feet, thence N81 l°18'16"E 16"E 26.02 feet, thence
N64°25'41"E 41.57 feet, thence N51°12'23"E 42.73 feet, thence N37°38'20"E 53.46
feet, thence N55°03'09"E 44.28 feet, thence N77°46'35"E 8.59 feet, thence
N00°13'59"E 143.49 feet, thence N89°54'27"E 100.43 feet, thenceN00°49'36"E 100.00
feet, thence N89°56'02"E 382.57 feet, thence S00°12' 19"W 195.59 feet, thence South
70.08 feet, thence N89°43'23"E 229.75 feet, thence N00°07'57"E 35.00 feet, thence
N89°43'02"E 208.02 feet, thence S00°13'16"W 2.24 feet, thence N89°55'03"E 329.60
feet, thence S00°11'49"W 1071.53 feet to the P.O.B.; Containing 55.16 acres more or
less subject to easements and Right of Way 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 particularly 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 1963, 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, Arkansas. 1
Co UNTY JUDGE
AFFIDAVIT OF PUBLICATION
STATE OF ARKANSAS,
County of Washington 1ii{ �! f
`U/ t& ( do solemnly swear
thatlam am
INTHELOVMIr CO"W-;'%
of The Morning News, a daily newspaper
P4'UZ lit xoAx- having ageneral circulation in said county,
NM. 4
lallx,toixs c°`�•toc:, . '. Y>
and do solemnly swear the said advertisement
s� ..
cuseMotcsoeun
MaOceorru Maur oM was published for
, ,t e____un':' is
NG1IeE Is NeMlly'gken•fi. ..
all,lnterestbd pMsdt Mat.
Pelltloners,: bobby -G+&.-
Danne Tleet:..SA-TruM,t!es 1 consecutive
aty therBbw�:&'.:pomia•
Trh5f:+ aavnhaEo le jtgst5I
in said newspaper,
ErtresiutaI Iian:&lDena .
M nT V0,1anu:& Dona im ; ar l; the said publication appearing:
t?,e�end.lose: mJfecl.:bY
Q n ll�an IN M day Of cSSA. \ W O lO
b the wF day of a%ga'
LL /o bM::.lands.
..Wdsnm9�ic-
;: ��p.�
1a ._ Nwf . q or day of
fl adt
u NE - IsR lyin. day of
c T36 ,:M1i1WnIn.YWANir19-'
N I(In C inty:Mlansas.MQ- Y
beM%'Mesvibed-i cfJ F-
1nws:ztommencingrp(. {he.-
.sE�fomer oLsak:SW'a/4 day of
NWM n=V ...:.thence
NI l4r.Ea5SW: feet -tb
•M2' . thine da of .
89°S418411109} -.teat Y
MtYia.•.s80s18tsW 5S8•
te& fteabe}.e:58ai8'aY'N-
�m5;: a:f ,fl; h"a: day of
Signed
and sworn to me this day of u&
OFFICIALSEAL
KATHYFRENCH
ITARYPUBLIC-ARKAHW
MADISON COUNTY
Commleal°n Er. me 22 201 Notary Pub& - -
ion expires: 5/22/2012
Charges: $ 51`1 SD
AFFIDAVIT OF PUBLICATION
STATE OF ARKANSAS,
County of Washington �� ! f
1, )o �YI1u-/ /l�YU14(
that I am EkZ5Y
do solemnly swear
In In6 WYAITWNKi &
oF.WAsxJNG7bf) of The Morning News, a daily newspaper
UMAR n 4t$
IN-THHAATTEKOF4Nr -:
tLEAaJ�AS N.oFCEKFAiN. having a general circulation in said county,
and do solemnly swear the said advertisement
CASENOCC 2006.17.'''. r+ .
_; NO'IICDOF Alllkiv ioN P was published for
, I y NOTICE Is het by gNen to, -.
all•fnterested.pelsdn thatt
Pefitioners,.Bobby G'&`
DOnna Trgat„ Co.-TrV tees I - consecutive
of the Bobby:.' & 'uonpa ;
treat Revocable Rest;rI j�py -
Dw Tipton, Aidlard ,L,;t ° � in said newspaper,
E1artiCardl''• & Marn,'
6ihestd td F.[artli & Nfaria
Vargas: Valenano�& Deda' •
tdendp : JBs}.OreIa aj'y the said publication appearing:
tFJ tot andJoq_Orelana: by
Th'L ey;.,Haymon_
a C, ave. ,filed -an, da of /(1 o
Non tp .an• Y — T
L_.; s n dy,of:-fayet-
F. `Zr'
si washlrigton: day Of
da of
NY1?. io 4st tl1d Y
.a NE:Yy. - ona5gI4;to.r
o T16 31W!:JnrcWashiTJg
tdn•county/ rkansasand �Y of
bein9::'descdbed i3:J&
lows: ,tofnmencingEat the:
.SE:comer ofsaid.:SN?U4, day of
Nw;- .,:.5I/4 x:thence.
• NOO°11'49"E55.00„ feet to
the' o B3 osr" cc day of
thenceSOO 2WOrW!35.08'.
feet: Mente,=S89°46'O3"W� -
,82537 .,'feet,_ o:rthence'. day of
Noe°Or18"W'. 988.63e4` !�fe.
'.thence.. '- S89.°5t'44'w,
498.02°-- .fee£;.."thence.
N00603'19_"'1N89
: .N89 48,feet(
thenci; °!8'13!E
122336 : feet,':-
NOO°16'14°E :' 30b6^.feel; _ .. _
From: Clarice Pearman
To: Lucas, Shirley
Date: 8.8.06 1:25PM
Subject: Res. 132-06
Alderman Lucas,
Attached is a copy of the resolution passed by City Council, August 1, 2006 regarding the territorial
annexation by the county. If anything else is needed please let me know.
Thanks.
Clarice
CC: Audit
I• I• I I �V f• I• , I• v•'
From: Clarice Pearman
To: Pate, Jeremy
Date: 9.12.06 5:03PM
Subject: Ords. 4915, 4916, 4918, 4919, 4920 & 4921
Jeremy,
Attached are the above ordinances passed by City Council, September 5, 2006. If you have any
questions please let know.
I am still working on the exhibits for the landscaping. I'm still having trouble getting the WordPerfect
graphic to come in, I may for publishing purpose just have to say "graphics may be viewed in city clerk
office". I may have to have you bring the jump drive again. I'll let you know.
Thanks.
Clarice
CC: Audit; GIS
L
T
T
uY Wi- z' --�"r•
State of -Arkansas
Secretary of State
- Business & Commercial Services 682-3409
Elections . 682-5070
Building & Grounds 682-3407
Communications & Education 683-0057
- State Capitol Police 6625173
Charlie Daniels - .. Business Office 682-8032
Secretary of State H- - information Technology 682-3411
October 2, 2006
The Honorable Karen -Combs Pritchard
Washington County Clerk -
280 North College,Suite-300 . -
Fayetteville', AR 727011:
Dear Ms. -P titchard: - -
The Following Information has been recorded and filed in#the Office oftSecretary of
State:
Date: 10/02/2006 County: Washington City: Fayetteville
Annexation: Ordinance -N6. - - 4916..
-- - - Co. Order No- -; 2006-17
Plat - = X --Dot Tipton Road Annexation
Election -
Island £ _ -
Incorporation: �
-- _ Ordinance No. -- -
Co. OrderNo , . -
Plat
Election_ -
Census Information: -The following Cityor Town has been upgraded or reduced to:
1st Class = — -
I TI 2nd Class City- ' - -
Incorporated.Town -
I have forwarded -this' information to the Arkansas Municipal League and -the Arkansas
Highway and Transportation DepaitmeiiEi±Ifyou have any further questions please do
not hesitate to contact -me at 1-800-482-1127 or 682-3451
Sincerely,
Vim. ♦/ l^ I V - - .f
Tena Arnold. -
ElectionServices 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
I)
NORTHWEST ARKANSAS EDITION
Benton County Daily Record
P.O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Karen Caler, 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 4916
Was inserted in the Regular Editions:
September 19, 2006
Publication Charge: $130.31
Subscribed an sworn to before me
This/"( day of b, 2006.
�
Notary Public
My Commission Expires:
Sharlene D. Williams
Notary Public
State of Arkansas
My Commission Expires
October 18, 2014
RECEIVED
SEP 22 2006
CITYOF FAYETTEVILLE
CITY CLERK'S OFFICE
ORDINANCE NO. 4016
,-
ORDINANCE CONFIRMING THE ANNEXATION FayV6%le
THAT PROPERTY DESCRIBED IN ANNEXATION❑TION ANX 06-2225 (CC2005-17), FOR PROP -N LOCATED WEST OF 54 TH AVENUE, EAST OFiUBI.E SPRINGS ROAD, NORTH AND SOUTH OF
R TIPTON ROAD, CONTAINING APPROXIMATE -
55.16 ACRES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ARKANSAS:
Section 1: That the City Cofncil hereby confirms the annexaton to the City of Fayetteville. Arkans,
of that property described in Exhibit'A* and map labeled Exhibit'Battached hereto and made
part hereof.
Section 2: That the official map of the City of Fayetteville, Arkansas, Is hereby amended to reflect I
change provided in Section 1 above. Section 3: That the official zoning map of the City.of Fayetteville, Arkansas is hereby amended
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 5th day of September. 2006.
APPROVED: ATTEST:
By: By:
DAN GOODY, Mgot SONDRA SMITH, City Client
EXHIBIT'A'
I AS FOLLOWS:
FEET. THENCE
100.43 FEET, T
5001218'W 1
RECORD.
'Elhibit BE is
/4 OF SECTION 14 AND PART OF THE SE
I WASHINGTON COUNTY, ARKANSAS AN
THE SE CORNER OF SAID SW 1/4, NW1/4
be viewed
normal business hours.
WASHINGTON COUNTY
STATE OF ARKANSAS
- - Washington County Courthouse
d".' f.' 280 North College Avenue, Suite 300
Fayetteville, Arkansas 72701
Telephone: (479) 444-1711
KAREN COMBS PRITCHARD Fax: (479) 444-1894
COUNTY AND PROBATE CLERK
September 26 , 2006
To: City Clerks Office
From: Jennifer Sharpshair
Deputy County Clerk
I have enclosed the finalization of 4 Fayetteville Annexations.
CC2006-16 Annex to Fayetteville
CC2006-17 Annex to Fayetteville
Island Annexation Ordinance #4923 Annex To Fayetteville
Island Annexation Ordinance #4924 Annex To Fayetteville
If you have any questions you can give me a call at 444-1713
RECEIVED
OCT 02 2b06
�3r51�e�nrc��mR�
.4; ED
t..
2006 SEP 26 AN 9:08
it iltlY t��)n.;,ti IJ ifl�f
CO. & PRO34TE CLERK
WASHINGTON CO. ARK.
ORDINANCE NO. 4916
AN ORDINANCE CONFIRMING THE ANNEXATION OF
THAT PROPERTY DESCRIBED IN ANNEXATION PETITION
ANX 06-2225 (CC2006-17), FOR PROPERTY LOCATED
WEST OF 54 TB AVENUE, EAST OF DOUBLE SPRINGS
ROAD, NORTH AND SOUTH OF DOT TIPTON ROAD,
CONTAINING APPROXIMATELY 55.16 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" and map labeled Exhibit "B"
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 5w day of September, 2006.
APPROVED:
By:
ATTEST:
\_;••s*• —,J.-.
��.•jSY oc •,L�
;FAYETTEVILLE:
By: Oc2W Na
SONDRA SMITH, City Clerk
EXHIBIT "A"
ANX 06-2225
PART OF THE SW I/4 OF THE NW I/4 OF SECTION 14 AND PART OF THE SEI/4 OF THE NEI/4
OF SECTION 15 ALL IN T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF SAID SWI/4, NWI/4
THENCE N00° I I'49"E 55.00 FEET TO THE P.O.B., THENCE S89°54' 10"W 1320.92 FEET, THENCE
S00°28'05"W 55.08 FEET, THENCE S89°46'03"W 825.57 FEET, THENCEN0IY01'18"W 788.63
FEET, THENCE S89`52'44"W 498.02 FEET, THENCE N00°03' 19"W 178.42 FEET, THENCE
N89'48' 13"E 1223.36 FEET, THENCE N00' 15' 19"E 30.06 FEET, THENCE N81' 18'16"E 26.02 FEET,
THENCE N6425'41 "E 41.57 FEET, THENCE N51 `12'23"E 42.73 FEET, THENCE N37'38'20"E
53.46 FEET, THENCE N55'03'09"E 44.28 FEET, THENCE N77°46'35"E 8.59 FEET, THENCE
N00`13'59"E 143.49 FEET, THENCE N89654'27"E 100.43 FEET, THENCE N0049'36"E 100.00
FEET, THENCE N89°5602E 382.57 FEET, THENCE S0012'19"W 195.59 FEET, THENCE SOUTH
70.08 FEET, THENCE N89'43'23"E 229.75 FEET, THENCE N0007'57"E 35.00 FEET, THENCE
N89°43'02"E 208.02 FEET, THENCE S00° 13' 16"W 2.24 FEET, THENCE N89'55'03"E 329.60 FEET,
THENCE S00611'49"W 1071.53 FEET TO THE P.O.B.; CONTAINING 55.16 ACRES MORE OR
LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD.
EXHIBIT "B"
:-.4 :r'-;-
: •M1 Y 1i.4 I�
SQL 2 .Y -ti4 J \ TV i P l.f f }1
4
-
L fL
JC
LS f L
J--------------- 1
`
`4 L .-
a �. S ���...-� I .. =f ♦ �L_ f.
a-". L � M1 v ".f:.
__
L. :T<T
_i
[
J
- i - r � '+ E'.: is
S sl` 1
\ J � S Y
1r _ [>
__ i it .M I'll J S.] }[ lU IL, t f• L��
Y 1 }.�f l }J
C
- J J tL-t i'
L3 i'. M1+_JJLT Tf .�
-� aiY
". f Y 1 I
1 IL '. pJ v '�
1 afiilY` }
lC YLI� S:rJ
LJ.
aI IY
\J ..i ]l � ZT''L _
O'IV
.S
J� V
1�`
_ v 3 L tf A' .ftl T CJIt T. `-S111J LI .{}.•]. TI .L" f Y rI'
M1r: SAC �1�� !,t
C.AIw J`-L'�f��[[ Ji
JI �'
a \':.a i.
� Ti.. _ _ ...
'_
+, r -m yii c"Ta eo JI I.M1 is-:.
*�-+IIDM;J=LV v 1\ ••T '.Gl 141 14 LI
`tom ] t �. R 5.<t
'
1411.
_
-- i_T l:. a
I
VJi
_T_]_7gt_Y}__i LJ'i]IL�K.
�Ilb
-
it✓T� `I l:
:� .�
r
E11Jcct'7}T_ I}yiT l{.
( l L 1 I
flt&-- C
'CJLfS ..
`vITtV �y 1 � LI
_ CF
_
L
�n�_ \
'+� TJ'
+
y J J 1 l
1L'SY. JI 1�C
F F � �iZT f.
cam.
� ;-"rr iy
v
f -- n 1 ' �" v'h w aJ.`
n ���� n—
If: F. " _� E yy � nM1
S
.1C_. f
_
f - I L I -T-
S+f la �'
���J�
� � _ i- J_
L _"-F_-J
-
��1S _Pam='
. flflt.l'�{I: !. __ J _
_�F Ts T_� �-J1}i: =_
�
i4['II—
•— l �Y'fu'GT
� 1 ._ - !n
TS
� fASJ]
� T� � ^I' NNJY 11
L
s1 _
�YJ�T '1 (C. L. .
iii
'1 - i sl tic
M1V3 .d"
-'LSI --tTiJ£Y S` �' 1b 11fC1£ 1 4<1'.
V L i t
1
L f.
t
=C. 1 i •L Ll
-1 nJ IJ1 M.
'3' GTIS 'hl.'.CS'M1 i r
: .l'
IIJ \l 1 C x Y 6
i
LJ.:£ ^t;=j M1�L�`I Yf.•TTIIr<= LLTS
__ti T
1
Sc _..
L S t
F JI_'yTC•l
3�T
-1^
^_ L
n 41
l Ssf
J i.
ZfL f L T_-
r S �-
IJSv6� v r l'f LL
r .M1V ]
1+ „L
4 � l..�yX J
.x3La ' �Y
—`..s_ _y —'"s _
- �
-�'T C�
L G14C ji[ Y�Jl�:.}�T�S
��
vla.E __ _ -
C` 1
_ _I-' �-'✓:C� ':.. JSSL31v�W'�TLCSl:
.- 1 6. �� l�T(..
4f[•�L �YI:_J��_T__�C _ �
� -L5
.IIlt1'�.�'
.7 lily tJ"V
_ �� L_ _
�T
� ��
� ]<<i'1�•'J 111_
-
� ��• ST �i'
i1"1
_
___'.44_T��Y�"-`
�`.G.____Z.f'C
•
...
-
_
_
__
_ vim
'0= _C'�=
T
S
-F- cs
_.����{0.'C�SiJ•
yir'i_NSr
.- - �:Y- 32, y -.
_.tea-.ILc�.>_S:
T � J� I:��S3`
1
SG
�
LP�y it [G
_
•_=t ._ ____
t --'y
-`a-_
_
Vii_
_ _
�S3 S�=.1S
_ vv_
J�3
T �_`P�_Y_:•�-�•J�L
� _
_
_ ��
.C '� �� '-'.. _vim
�S�'T-'f]y'
'�� Y'
-rSr1..�szl
Tic _a_: c? saC
_ �_��
- �
ii._
r_-� ==_=
�_� �� ��.-mss
�-a_—c=sv � _
_
-: rv� `- �___v_ _ - _-F;EJ_sA:u,svv-_J_.3-tea
i•.. 1
IF3-v— _-1F-
_
-
_ _'fly TTJCG-�
.L
L JAY
_
-`JL-G�=
i�5
.. Tti$=.TYLT.._S
L✓<
�< JLTLT_ Tiffi_1�_.-�
__-
.��
r,;
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKAILA,
IN THE MATTER OF ANNEXATION w i
OF CERTAIN LANDS TO THE CITY o ft
OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2006-17 Q
rr. s
ORDER OF ANNEXATION �T c
Sz`
NOW on this day of July, 2006, this cause comes on to be heard the Petitioners,
Bobby G. & Donna Treat, Co -Trustees of the Bobby & Donna Treat Revocable Trust; D.
W. Tipton; Richard L. Martin & Carol J. Brown; Ernesto Martinez & Maria Vargas;
Valeriano & Dena Mendez; J. B. Hayes, Trustee; and Jose Orellano, represented by their
attorney, Raymond C. Smith of Fayetteville, Arkansas, announcing ready for a hearing of
this cause and there being no protests or objections filed herein, whereupon, the matter is
submitted to the Court upon the verified petition filed herein, and the oral and
documentary evidence adduced, the Court being well and sufficiently advised finds:
1. The Amended Petition in this cause was filed July 18, 2006, and the Court fixed
July 31, 2006, at 10:30 a.m., as the date and time of the hearing for said cause, and a full
thirty days notice of hearing was given as required by law and notice of hearing was given
as required by law and notice of publication is now on file with the Clerk of the Court and
the Court has jurisdiction of this cause.
2. The Court is satisfied that the allegations of the said petition are sustained by the
proof, that the limits of the territory to be annexed have been properly filed, that the
property owner has a freehold interest in the property hereinafter described in the petition
and constitutes the real owner of the area affected.
z.1q3. q5.
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 SWI/4 /4 of the NW 1/4 of Section 14 and part of the SEI /4 of the NEl/4 of
Section 15 all in T16N, R31 W in Washington County, Arkansas and being described as
follows: Commencing at the SE Corner of said SW 1/4, NW I/4 thence N00°11'49"E
55.00 feet to the P.O.B., thence S89°54' 10"W 1320.92 feet, thence S00°28'05"W 55.08
feet, thence S89°46'03"W 825.57 feet, thence N00°01' 18"W 788.63 feet, thence
S89°52'44"W 498.02 feet, thence N00°03' 19"W 178.42 feet, thence N89°48' 13"E
1223.36 feet, thence N00° 15' 19"E 30.06 feet, thence N81°I8' 16"E 26.02 feet, thence
N64°25'41 "E 41.57 feet, thence N51 °12'23"E 42.73 feet, thence N37°38'20"E 53.46
feet, thence N55°03'09"E 44.28 feet, thence N77°46'35"E 8.59 feet, thence
N00°13'59"E 143.49 feet, thence N89°54'27"E 100.43 feet, thence N00°49'36"E 100.00
feet, thence N89°56'02"E 382.57 feet, thence S00°12' 19"W 195.59 feet, thence South
70.08 feet, thence N89°43'23"E 229.75 feet, thence N00°07'57"E 35.00 feet, thence
N89°43'02"E 208.02 feet, thence S00°13'16"W 2.24 feet, thence N89°55'03"E 329.60
feet, thence S00°11'49"W 1071.53 feet to the P.O.B.; Containing 55.16 acres more or
less subject to easements and Right of Way 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 particularly 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. 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 1963, 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, Arkansas.
COUNTY JUDGE
2a -`79(Q