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Home My WebLink AboutOrdinance 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