HomeMy WebLinkAboutOrdinance 4923 S I^�
, - FL✓ I Doc ID : 00/ 10/260004 T09 : REL
� ;� Lwf r Recorded : 10/ 10/2006 at 08 : 66 : 13 An
Fee Amt : $17 . 00 Pace 1 of 4
Washlnoton Countv . AR
2006. SEP 26 AM 9: pg Bette Stems Clrcult Clerk
FLle2006-00041618
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t'H'ASN VON CO.Ls
ORDINANCE NO, 4923
AN ORDINANCE TO ANNEX INTO THE CITY OF
FAYETTEVILLE, ARKANSAS A PARCEL OF LAND
COMPLETELY SURROUNDED BY THE INCORPORATED
LIMITS OF THE CITY OF FAYETTEVILLE, ARKANSAS
WHEREAS, the annexation policy of the City of Fayetteville adopted by the City
Council is to annex those parcels of land . which have become completely surrounded by
incorporated city limits; and ,
WHEREAS, pursuant to A.C.A § 14-40-501 (a)( 1 ), because the incorporated limits of
The City of Fayetteville has completely surrounded the land described in Exhibits A & B, the
City of Fayetteville has the statutory right to annex this land if it complies with one of the five
requirements of A.C.A § 14-40-302; and
WHEREAS, after annexation into the City of Fayetteville, the inhabitants of those lands
will be afforded the same services of police and fire protection and solid waste collection as
current citizens of Fayetteville enjoy; and
WHEREAS, all the lands identified in Exhibit A (map) and Exhibit B (legal description)
comply with at least one of the five requirements for annexation stated in A.C.A. § 14-40-302;
and
WHEREAS, at the time of the adoption of this ordinance, the highest and best use of
these lands is NOT for agricultural or horticultural purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby annexes
into the City of Fayetteville, Arkansas the lands identified in Exhibit A (map) and Exhibit B
(legal description).
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends
the official map of the City of Fayetteville to reflect the change provided in Section 1 above.
Section 3 : That the City Council of the City of Fayetteville, Arkansas hereby assigns
the zoning of these lands to be RSF- 1 , Residential Single Family, one unit per acre.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby assigns
these lands to Ward 4.
o`` �,F- fq
PASSED and APPROVED this the 19th day of September, 2006. ^U��•° lease ,\TY p� •SGO
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c ; FAYETTEVILLE ;
APPROVED:Zat
,/ ATTEST: �z4 'a
1 l.�/ B '9� 9q�ANSP�J�'a`
ON
BY
Y auw
DAN COODY, Mayor SONDRA SMITH, City Clerk
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EXHIBIT A
0 500 1 ,000 21000
Feet
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EXHIBIT B
A part of Sections 14, 153 22, and 23, all within Township 16 North, Range 30 West, Washington
County, Arkansas, and being more particularly described as follows:
Beginning at the NE corner of the NE-SW-14-16-31 ; Thence Southerly to the SE corner of the
NE-SW-14-16-31 ; Thence S 02° 35' 16" W 1327.39 feet; Thence S 02° 35' 16" W 661 .58 feet;
Thence N 87° 36' 01 " W 661 .32 feet; Thence N 020 35' 19" E 630. 16 feet; Thence N 88" 00' 21 "
W 661 .34 feet; Thence S 02° 35' 23" W 1294.47 feet, to the SE corner of the SW-SW-14-16-31 ;
Thence S 020 19' 52" W 1324.72 feet; Thence N 880 04' 09" W 1322.51 feet; Thence N 880 00'
19" W 269.64 feet; Thence N 020 22' 19" W 177.37 feet; Thence N 880 00' 23" W 236. 16 feet;
Thence N 01 ° 52' 30" E 165.61 feet; Thence N 870 54' 36" W 290.52 feet; Thence S 02° 21 ' 06"
W 343.49 feet; Thence N 88° 00' 24" W 528.00 feet, to the SW corner of the NE-NE-22-16-31 ;
Thence N 020 29' 53" E 1328.38 feet; Thence N 88" 10' 51 " W 634.49 feet; Thence N 02° 31 ' 05"
E 196.86 feet; Thence N 68° 47' 48" E 693.00 feet; Thence N 020 38' 14" E 2190.91 feet; Thence
N 87" 59' 35" W 1328.01 feet; Thence N 020 38' 08" E 1024.77 feet; Thence S 870 50' 01 " E
1328.58 feet; Thence N 020 26' 30" E 427.56 feet; Thence S 88" 07' 16" E 485.49 feet; Thence S
02" 31 ' 57" W 134.73 feet; Thence S 880 09' 28" E 838.95 feet; Thence N 020 39' 27" E 35.37
feet; Thence S 87" 38' 03" E 165.22 feet; Thence S 01 ° 16' 36" W 100.27 feet; Thence N 870 43'
53" W 100.00 feet; Thence S 020 35' 30" W 107.94 feet; Thence S 02" 02' 58" W 32.29 feet;
Thence S 800 09' 543' W 8.59 feet; Thence S 57" 24' 31 " W 44.28 feet; Thence S 400 01 ' 32" W
53.46 feet; Thence S 530 34' 58" W42.73 feet; Thence S 660 48' 10" W41 .57 feet; Thence S 83°
40' 38" W 26.01 feet; Thence S 020 38' 22" W 30.06 feet; Thence N 870 49' 23" W 1223.36 feet;
Thence S 020 19' 03" W 178.42 feet; Thence S 880 08' 11 " E 33.61 feet; Thence S 87° 43' 11 " E
464.41 feet; Thence S 020 22' 58" W 175.00 feet; Thence S 02" 22' 58" W 174.99 feet; Thence S
020 22' 59" W 180.00 feet; Thence S 02° 22' 59" W 260. 1 feet; Thence S 870 42' 35" E 825.69
feet; Thence N 02" 39' 12" E 58.7 feet; Thence S 870 43' 25" E 661 .21 feet; Thence S 87° 43' 26"
E 658.36 feet; Thence N 02° 35' 16" E 45.27 feet; Thence N 02° 35' 22" E 483.96 feet; Thence N
02" 35' 24" E 45.95 feet; Thence N 020 35' 22" E 496.35 feet; Thence N 870 42' 31 " W 328. 14
feet; Thence N 870 17' 33" W 208.00 feet; Thence S 030 03' 26" W 30.92 feet; Thence S 02" 32'
01 " W 5.00 feet; Thence N 88" 03' 10" W 230.97 feet; Thence N 020 22' 25" E 65.01 feet; Thence
N 020 29' 53" E 198.82 feet; Thence S 87° 38' 05" E 440.48 feet; Thence N 020 37' 06" E 236.25
feet; Thence S 87" 35' 36" E 825.49 feet; Thence N 02" 54' 59" E 146.48 feet; Thence S 87" 46'
24" E 823.52 feet; Thence S 020 35' 15" W 1300.29 feet; Thence S 02° 35' 17" W 431 .54 feet, to
the Point of Beginning and containing 405.47 acres, more or less.
Washington County, AR
I certify this instrument was filed on
10/10/2006 09:56: 13 AM
and recorded in Real Estate
File Number 2008-00041618
Bette Stamps - Circuit Cl
by
FAVETTEVILLE y9�3
THE CITY Of FAYETTEVILLE, ARKANSAS
KIT WILLIAM$, CITY ATroRNEY ` .``" ' +°i `• i ��J!
DAVID WHITAKER, Assr. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
LEGAL DEPARTMENT
TO: Mayor DawCoody
City Council
CC: Tim Conklin, Planning & Development Management Director
FROM: Kit Williams, City Attorney
DATE: August 23, 2006 /
RE: Annexation of islands surrounded by the city limits of the
City of Fayetteville and the City of Farmington
As you consider the issue of annexing various "islands" of county land totally
surrounded by the incorporated city limits of Fayetteville and Farmington, you need
to . know some of the basic law surrounding your right to annex these properties
without a vote of the citizens.
A.C.A. § 14-40-501 (a)( 1 )(B) states:
"If the incorporated limits of two (2) or more municipalities
have completely surrounded an unincorporated area, the
governing body of the municipality with the greater distance
of city limits adjoining the unincorporated area' s perimeter
may propose an ordinance calling for the annexation of the
land surrounded by the municipalities."
That statute requires the ordinance "provide a legal description of the land to
be annexed . . . ." which has been provided by our GIS and Planning divisions. The
City must "describe generally the services extended to the area to be annexed."
Please review the. proposed ordinances for how those services are described.
The areas to be annexed must comply with one of five described conditions set
forth in A.C.A. .§ 14-407302:
"( 1 ) Platted and held for 'sale or use as municipal lots;
(2) Whether platted or not, if the lands are held to be
sold as suburban property;
L QrC- on Secc , Rem d ;� 9 /S/64.
�; . < L2rY} Ors F., r s+ Read; INA
(3) When the lands furnish the abode for a densely
settled community or represent the actual growth
of the municipality beyond its legal boundary;
(4) When the lands are needed for any proper
municipal purposes such as for the extension
of needed police regulation; or
(5) When they are valuable by reason of their adaptability
for prospective municipal uses."
The Supreme Court has interpreted these five criteria fairly broadly. As clear
in the statute, "the lands must meet only one of the five (criteria)." Utley v. City of
Dover, 101 S.W. P 191 , 194 (Ark. 2003) (emphasis added); accord, Town of
Houston v. Carden, 332 Ark. 340, 965 S.W. 2d 131 ( 1998).
"However, this Court has also made it clear that
if a part of the proposed area does not meet one
of the five requirements, the annexation of the
entire area is void in toto. Id.
Therefore, we need to be certain that every part of an island we decide to
annex meets one of the five criteria required by A.C.A. § 14-40-302. The broad
interpretation of conditions 3, 4 & 5 probably cover all parcels being considered.
However, if even one parcel within an ordinance fails to meet one of those criteria,
the entire annexation ordinance may be voided. Fortunately, most if not all of the
property owners within the large island surrounded by Fayetteville and Farmington
have asked to be annexed into Fayetteville so a suit appears unlikely.
The primary issue in annexation cases almost always revolves around land
(sometimes in flood plains) being used for agricultural purposes.
"(b)( 1 ) Contiguous lands shall not be annexed when they
either:
"(A) Have a fair market value, at the time of the
adoption of the ordinance, of lands used only for
agricultural or horticultural purposes and the highest
and best use of the lands is for agricultural or
horticultural purposes." A.C.A. § 14-40-302
"Before 1975 lands used for agricultural purposes
could not be annexed. Act 309 of 1975 amended
the law to provide that agricultural lands could not
annexed if their highest and best use is for agricultural
purposes. We interpreted this amendment in Gav v.
City of Springdale, supra, and held that the prohibition
2
against annexing agricultural lands is no longer absolute.
The lands may be annexed if their highest and best use is
for a purpose other than agriculture." Chappell v. City
of Russellville, 288 Ark. 261 , 704 S.W.2d 166, 167 ( 1986).
The Supreme Court has found that agricultural property even in floodways can
be annexed as needed for a proper municipal purpose such as the extension of needed
police and fire protection. Chandler v. City of Little Rock, 351 Ark. 172, 89 S.W.3d
913 (2002). The Supreme Court held that Little Rock' s proposed use of that property
as open space or park land was a higher use than agricultural use. Id.
"The fact that the land is agricultural and the owner
does not want it developed does not determine its
fate as to annexation. Gay v. City of Springdale, 298
Ark. 554, 769 S.W. 2d 740, 742 ( 1989).
"Simply because land is in a flood plain does not exclude
it from consideration for annexation. " Lee v. City of
Pine Bluff, 289 Ark. 204, 710 S.W.2d 205, 207 ( 1986).
In the Russellville case, the Supreme Court affirmed the contested annexation
even though "some of the land is swampland which runs into a wooded area . . . ."
Chappell v. City of Russellville, supra.
In the Gay v. City of Springdale case, the Supreme Court noted testimony that
"the city has proper municipal purpose for controlling orderly growth in all four
tracts; and that annexation would serve that purpose." Both the police and fire chiefs
indicated it would be easier to provide service within the more easily identifiable city
limits of the new Springdale annexation. This would also be true for Fayetteville in
annexing the island of unincorporated land between our city and Farmington.
The most relevant Supreme Court case to our situation is Chandler v. City of
Little Rock, 351 Ark. 172, 89 S.W.3rd 913 (2002). The City of Little Rock had passed
an ordinance to annex "eleven unincorporated areas or `islands' surrounded by the
Little Rock city limits." 89 S.W.3`d at 914-915 . The ultimate issue on appeal was the
"Coleman property."
"The Coleman family has used the property for
agricultural purposes. The Coleman property is
within the floodway, although a small portion of
the northwest comer is designated in the floodplain."
It is important to note that the Supreme Court placed the burden of proof upon
those objecting to the annexation. 89 S.W. 3`d at 916.
3
The most important issue in the Little Rock case was the Coleman's assertion
that "the highest and best use of the lands is for agriculture or horticultural purposes
A.C.A. § 14-40-302 (b)( 1 )(A). This land had been used for many years as
agricultural and there was much testimony presented "it would not be economically
feasible to use the Coleman property for anything other than agricultural purposes."
Id. "(T)he Coleman property is currently located entirely in the floodway." Id.
"(P)ermanent structures cannot be built in the floodway." Id.
"Jim McClelland, a licensed engineer testifying for
Appellants, stated that it would not be economically
feasible to do anything with the property other than
leave it as pastureland." Id. at 917-918.
Little Rock presented evidence that "the Coleman property has been included
in the City's Fourche Bottoms Natural Project . ... The Project will eventually feature
nature areas, canoe rentals and hiking trails through the Coleman property." Id.
However, the City admitted it "had no money to buy park property." Id.
"After hearing expert testimony from both sides, the
trial court determined that the best use of the Coleman
property was industrial and recreational, not
agricultural." Id. at 918
Thus, even though the annexed area was being used as agricultural land and
lay primarily in the floodway, the Supreme Court affirmed the Trial Court which had
sustained the annexation.
CONCLUSION
The City Council is provided wide statutory authority to annex "islands" of
county property completely surrounded by the city limits of. Fayetteville and
Farmington. Extension of needed police regulation including zoning protection is
especially relevant to land totally surrounded by city limits.
Even land currently being used for agricultural purposes is likely to be legally
annexable because it could probably meet the statutory test of "adaptability for
prospective municipal uses: . (residential development, park land and trail
development)." And such prospective uses will likely be determined to be a higher
and better use than agricultural or horticultural purposes.
r,
4
ORDINANCE NO,
AN ORDINANCE TO ANNEX INTO THE CITY OF
FAYETTEVILLE, ARKANSAS A PARCEL OF LAND
COMPLETELY SURROUNDED BY THE INCORPORATED
LIMITS OF FAYETTEVILLE AND THE CITY OF
FARMINGTON, ARKANSAS
WHEREAS, the annexation policy of the City of Fayetteville adopted by the City
Councilis to annex those parcels of land which have become completely surrounded by
incorporated city limits; and
WHEREAS, pursuant to A.C.A § 14-40-501 (a)(2), because the incorporated limits of
Farmington and Fayetteville have completely surrounded the land described in Exhibits A & B
and because Fayetteville has the greater distance of city limits adjoining the unincorporated
area's perimeter, the City of Fayetteville has the statutory right to annex this land if it complies
with one of the five requirements of A.C.A § 14-40-302; and
i
WHEREAS, after annexation into the City of Fayetteville, the inhabitants of those lands
will be afforded the same services of police and fire protection and solid waste collection as
current citizens of Fayetteville enjoy; and
WHEREAS, all the lands identified in Exhibit A (map) and Exhibit B (legal description)
comply with at least one of the five requirements for annexation stated in A.C.A. § 14-40-302;
and
WHEREAS, at the time of the adoption of this ordinance, the highest and best use of
these lands is NOT for agricultural or horticultural purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby annexes
into the City of Fayetteville, Arkansas the lands identified in Exhibit A (map) and Exhibit B
(legal description).
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends
the official map of the City of Fayetteville to reflect the change provided in Section I above.
LeC-a- or` F, ask a� . 8- 15 -off
Section 3 : That the City Council of the City of Fayetteville, Arkansas hereby assigns
the zoning of these lands to be RSF-1 , Residential Single Family, one unit per acre.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby assigns
these lands to Ward 4.
PASSED and APPROVED this the 19th day of September, 2006.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "B"
ANX 06-2224
A PART OF SECTIONS 14, 15, 22, AND 23, ALL WITHIN TOWNSHIP 16 NORTH, RANGE 30
WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: �4a
BEGINNING AT THE NE CORNER OF THE NE-SW-14-16-31 ;THENCE SOUTHERLY TO THE
SE CORNER OF THE NE-SW-14-16-31 ;THENCE S 020 35' 16"e*W"1327.39 FEET; THENCE S
020 35' 16" W 661 .58 FEET; THENCE N 87° 36' 01 " W 661 .32FEET; =THENCE N 020 35, 19" E
630. 16 FEET; THENCE N 880 00121 It W 661 . 34 FEET; THENCE S 02° 35';23" W 1294.47
FEET, TO THE SE CORNER OF THE SW-SW-14-16-31; #HENCE S 02°;19'.52" W 1324.72
FEET; THENCE N 880 04' 09" W 1322.51 FEET; THENCE W880 00' 19" W 269.64 FEET;
THENCE N 020 22' 19" W 177.37 FEET; THENCE; N 88° 00123" W 236. 16 FEETJHENCE N
01 ° 52' 30" E 165.61 FEET; THENCE N 870 54' -36"-W:290. 52 FEET; THENCE S 02` 21 ' 06" W
343.49 FEET; THENCE N 88° 00' 24" W 528.00 FEET,-,T, THE SW CORNER OF THE NE-NE-
22- 16-31 ;THENCE N 02° 29' 53" E 1328.38 FEET; THENCE:,N 880 10' 51 " W 634.49 FEET;
THENCE N 020 31 ' 05" E 196.86 FEET;JHENCE N 68° 47' 4,8'�E 693.00 FEET; THENCE N
020 38' 14" E 2190.91 FEET; THENCE Nr87°. 59' 35" W 1328:01 ° FEET; THENCE N 020 38108
E 1024.77 FEET; THENCE S 87° 50' 011t E,1328.58 FEET; THENCE, Nt02° 26' 30" E 427.56
FEET; THENCE S 88° 07' 16" E 485.49 FEET; THENCE. S 020 31 ' 57" W 134.73 FEET;
THENCE S 880 09' 28" E 838.95 FEET; THENCE N ,02* 39'•27"„E 35.37 FEET; THENCE S 87°
38' 03" E 165.22 FEET; THENCE S 01 * 16' 36' W 100.27 FEET; THENCE N 870 43, 53" W
100.00 FEET; THENCE
4 --d2-..35 .30" W 107.94 FEET; THENCE S 02° 02' 58" W 32.29 FEET;
THENCE S 800 09' 54 W 8.59 FEET; THENCE S,,570 24' 31 " W 44.28 FEET; THENCE S 40°
01 ' 32" W 53.46 FEETaTHENCE S<53° 34' 58" W42..173 FEET; THENCE S 660 48' 10" W 41 .57
FEET; THENCE S 830 40, 38" W & 0.1 FEET THENCE S 02° 38' 22* W 30.06 FEET; THENCE
N 870 49' 23" W 1223.36 FEET;<fHENCE'S 02,19103" W 178.42 FEET; THENCE S 88° 08'
11 " E 33.61 . FEET; THENCE 8.87043' 11 "' E"464.41 FEET; THENCE S 02° 22' 58" W 175.00
FEET; THENCE S 02y22758" 1W1'74.99 FEET; THENCE S 02° 22' 59" W 180.00 FEET;
THENCE;S 02° 22' 59" W;.6O. 1 FEET;:, ,,HENCE S 870 42' 35" E 825.69 FEET; THENCE N 02°
39' 12"-E;58.7 FEET; THENCE S 87°i4i 253' E 661 .21 FEET; THENCE S 87° 43' 26" E 658.36
FEET; THENCE N 020 35' 16. E 45.27 FEET; THENCE N 02° 35' 22" E 483. 96 FEET; THENCE
N 020 35' 24"�_E�45.95 FEET;4T;HENCE N 020 35122" E 496.35 FEET; THENCE N 87' 42' 31 " W
328. 14 FEET; THENCE N 878;17' 33" W 208.00 FEET; THENCE S 03' 03' 26" W 30.92 FEET;
THENCE S 02° 32'40:1; W 5:00 FEET; THENCE N 880 03' 10" W 230.97 FEET; THENCE N 02°
22125n E 65.01 FEET ,THENCE N 020 29' 53" E 198.82 FEET; THENCE S 87° 38' 05" E 440.48
FEET; THENCE N 02° 37' 06" E 236.25 FEET; THENCE S 87° 35' 36" E 825.49 FEET;
THENCE N 020 54' 5 " E 146.48 FEET; THENCE S 87° 46' 24" E 823.52 FEET; THENCE S
020 35' 15" W 1300.29 FEET; THENCE S 02° 35' 17" W 431 .54 FEET, TO THE POINT OF
BEGINNING AND CONTAINING 405.47 ACRES, MORE OR LESS.
rayeevee
ARKANSAi
THE CITY OF FAYETTEVILLE, ARKANSAS
August 16, 2006
NOTICE OF
UPCOMING ANNEXATION PUBLIC HEARING
SEPTEMBER 5, 2006 AT 6 P.M. (CITY COUNCIL MEETING)
ROOM 219
CITY ADMINISTRATION BUILDING
113 W. MOUNTAIN STREET
Dear Resident/Property Owner:
On August 15, 2006, the Fayetteville City Council proposed an ordinance to annex lands that are
located between the City of Fayetteville and Farmington as authorized by A.C.A. § 14-40-501 ,
,which contains 405.47 acres, more or less (see exhibit A). You have been identified as a property
owner within the proposed area for annexation and are being notified by certified mail about the
right to appear at the public hearing on September 5, 2006 to present your views on the proposed
annexation. The City Council will consider adopting the ordinance at the September 19, 2006
regularly scheduled Council meeting.
Annexing this unincorporated area will allow for the following:
• Compatibility in land use and development standards
• Ability to plan and construct future City capital improvements
• Ability to require the same level of infrastructure improvements required for new
development within these areas as required within the City.
The following City services (including but not limited to) will be available after annexation:
• Trash service
• Police protection
• Fire protection
• Sewer service if available—any extensions of public or private lines to serve these areas
will be the responsibility of the property owner/developer
0 Curbside recycling and yard waste pick-up.