HomeMy WebLinkAboutOrdinance 4925 IIIIIIIIIIIIIIIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII
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Recorded : 10/ 10%?006 at 09 : 57 : 04 AM
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2006 SEP 26 AM 9: 09 i Bette stamps Circuit Clerk
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.A'REI I CONI.% PRffNWID I
CO, & PROBATE CLERK
WASHINGTON CO, ARK,
ORDINANCE NO. 4925
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 06-2183
(CC2006- 16), FOR A PART OF LIERLY LANE SUBDIVISION
LOCATED SOUTH OF LIERLY LANE, CONTAINING
APPROXIMATELY 20 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 I 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.
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PASSED and APPROVED this 19th of September, 2006. ..• '. �:
; FAYETTEVILLE 0 3
APPROVED: ATTEST: �;• ;,
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By: By: DkkAk)
DAN COODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT "A'.'
ANX 06-2183
PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND PART OF THE
NORTHWEST 1 /4 OF THE SOUTHEAST 1 /4 OF SECTION 31 , TOWNSHIP 17 NORTH,
RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID SW
1/4 OF THE NE 1/4; THENCE S02°22'20"W 31 .51 FEET TO A FOUND IRON PIN AND
THE POINT OF BEGINNING; THENCE S87°33 '23"E 85.02 FEET; THENCE NO2°33 '29"E
31 .70 FEET; THENCE S87°40'49"E 258.04 FEET; THENCE S87°38' 53"E 308.06 FEET;
THENCE S02023 '57"W 1538.07 FEET; THENCE N87°36'49"W 653 .30 FEET; THENCE
NO3005 ' 59"E 220.99 FEET; THENCE NO2°22'20"E 1285.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 22.92 ACRES, MORE OR LESS, BEING SUBJECT TO ANY
EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
LESS AND EXCEPT:
A PART OF LOT 3 OF TRACT `B" AS SHOWN ON A LOT SPLIT RECORDED AS
DOCUMENT NUMBER 2003- 17759, BEING PART OF THE SWIA OF THE NEIA AND
PART OF THE NWI /4 OF THE SE'/< OF SECTION 31 , T- 17-N, R-30-W, WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE CORNER OF SAID SWIA OF THE
NEIA, THENCE S02022120" W, 31 .51 FEET TO A FOUND IRON PIN AT THE NW
CORNER OF SAID LOT 3 AND THE POINT OF BEGINNING; THENCE S87°33 '23" E,
85.02 FEET TO A FOUND IRON PIN; THENCE S02° 19' 55" W, 1285.02 FEET TO A FOUND
IRON PIN; THENCE S03 °09' 15" W, 220.89 FEET TO A FOUND IRON PIN; THENCE
N87036'49" W, 85 .71 FEET TO A FOUND IRON PIN; THENCE NO3°05'59" E, 220.99 FEET
TO A FOUND STONE; THENCE NO2°22'20" E, 1285 .00 FEET TO THE POINT OF
BEGINNING, CONTAINING 2.96 ACRES, MORE OR LESS, BEING SUBJECT TO ANY
EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
ANX06-2183 EXHIBIT " Bow
Close Up View LIERLY LANE SUBDIVISION
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Legend
Overview
p0000 Overlay Distrid FLOODWAY - — 500 YFAB
— 100Y Ft — LIMIT OF STUDY Washington County, AR
-- Baseline Profile
p Fayetteville r I certify this instrument was filed on
10/10/2008 09:57:04 AM
f D XO62183
s de C9y and recorded in Real Estate
ANX0
vedor.GDB.Footginl 200a File Number 2008-0004182
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0 150 300 600 900 1 ,200
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City of Fayetteville 94
Staff Review Form tt
City Council Agenda Items
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Contracts fit e
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5-Sep-06 ✓d�✓«v�
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
ANX 06-2183 (Lierly Lane Subdivision, 244): Submitted by Blind Squirrel, LLC for a part of Lierly Lane Subdivision located
south of Lierly Lane. The property is in the Planning Area and contains approximately 20 acres. The request is to annex the
subject property into the City of Fayetteville.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Category Name
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution #
CDQ
Department it ctor Date Original Contract Date:
Original Contract Number:
City Attorney
Received in ity Clerk' Office
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.Finance a Internal Service Director Date
Received in Mayor's Office
L
M yor Da e
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: Jeremy C. Pate, Director of Current Planning
Date: August 17, 2006
Subject: Annexation for Lierly Lane Subdivision (PANX 06-2183)
RECOMMENDATION
The Planning Commission recommended approval of the subject annexation request for
approximately 20 acres of property located south of Lierly Lane north of Clabber Creek
Subdivision Phases 3-5 .
BACKGROUND
On July 11 , 2005, the Planning Commission approved the development of Lierly Lane
Subdivision. The preliminary plat was approved with lots to be served by a decentralized
septic system within a 3.36 acre lot. While the developer was underway with
construction, final approvals were obtained for the decentralized septic system.
However, a letter was issued by"the State Health Department encouraging a connection to
sanitary sewer. This correspondence prompted the developer to again request the Water
and Sewer Committee and City Council to consider granting approval for sewer
connection.
On April 18, 2006, the City Council passed a resolution (#76-06) to allow the extension
of sewer service outside of the city' s corporate limits to the overall 23-acre parcel,
subject to a detailed contract (see attached). The applicant offered to submit a Petition of
Annexation to Washington County within five days of the City Council meeting if the
resolution was passed. The applicant has fulfilled this requirement of the Resolution and,
therefore, requests approval of annexation and rezoning. The minutes ofthe City Council .
meeting make clear that no informal approval of annexation or rezoning was being made
by approving the resolution; these requests will be judged on their own merit regardless
of the extension of sanitary sewer, which will occur whether the property is or is not
annexed. Additionally, the Resolution requires that the applicant pay all park fees and
impact fees, including future impact fees if in existence when development occurs.
DISCUSSION
This item was heard at the regular Planning Commission on August 14, 2006. The
Planning Commission voted 8- 1 -0 to recommend approval of this annexation request to
the City Council , with Commissioner Myres voting no.
BUDGETIMPACT
None.
i
ORDINANCE NO.
AN ORDINANCE ANNEXING THAT
PROPERTY DESCRIBED IN ANNEXATION
PETITION ANX 06-2183 (CC2006- 16), FOR A
PART OF LIERLY LANE SUBDIVISION
LOCATED SOUTH OF LIERLY (LANE,
CONTAINING APPROXIMATELY 20 ACRAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
P ��r
Section l : That the City Council he`ehy;xconfirmss the annexation to,�Ae, City of
Fayetteville, Arkansas, of that property described in�Exhibit "A°land 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�1��_ e:� �� . . . ,. .. .
Section 3 : That the official zonmg map OG e ,Cei -of_Fayetteville, Arkansas: is hereby
amended to assign the zonindignation �oflR A, Residential Agricultural to the subject
property.
Section 4: That"the :abosv))edescribed prope 'rt'y is hereby assigned to Ward No. Four.
/
PRPASSED APPROVED this day of 2006.
APOVE D: ATTEST:
:
:
By By DAN COODY�y'or SONDRA SMITH, City Clerk
EXHIBIT "A"
ANX 06-2183
PART OF THE SOUTHWEST '/< OF THE NORTHEAST '/ AND PART
OF THE NORTHWEST '/ OF THE SOUTHEAST '/ OF SECTION 31 ,
TOWNSHIP 17 NORTH, RANGE 30 WEST, .WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
e -
COMMENCING AT A FOUND IRON PINwAT THE NORTHWEST
CORNER OF SAID SW '/ OF THE NE'•`/4 ; THENCE S02°22720"W
31 .51 FEET TO A FOUND IROWPIN AND THE POINT '.,OF
BEGINNING; THENCE S87°33.w23' E;�, 85 .02;JEET; THENCE
NO2033129"E 31 .70 FEET; THENCE ° 887°40'49"E . 258.04 FEET;
THENCE S87038 ' 53"E 308.06 FEET; THENCE ; S02023 ' 57W 1538.07
FEET; THENCE N87°36'49'..W 653 .30 FEET; THENCE NO3005 ' 59"E
220.99 FEET; THENCE NO2°2T20"E 1285.00 FEET_ TO THE POINT
OF BEGINNING, CONTAIN1NGh,22:92 ACRES, yMORE OR LESS,
BEING SUBJECT TO ANY4, EASEMENTS, COVENANTS OR
RESTRICTIONS OF RECORD OR FACT.
LESS AND EXCEPT:, ',
A PART OF�LOV3" OE TRACT cc&' AS SHOWN ON A LOT SPLIT
RECORD��AS DOCUMENT NUMBER 2003- 17759, BEING PART
OF THE SW'/!OF THE,NE'/< AND PART OF THE NWY OF THE SE %
OF SECTION `�3:I; T 17 N;+seR 30 `W, WASHINGTON COUNTY,
AR KANSAS AND B ING MORETARTICULARLY DESCRIBED AS
/FOLLOWS;'
F'\COMMENCING'AT A FOUND IRON PIN AT THE CORNER OF SAID
SSW '/< OF THE..'NE %, THENCE 502022 '20" W, 31 .51 FEET TO A
,,. .
SOUND IRON PIN'.AT THE NW CORNER OF SAID LOT 3 AND THE
POIN�T�OF BEGINNING; THENCE S87`33 ' 23" E, 85.02 FEET TO A
FOUNDIRON PIN; THENCE S02019755" W, 1285.02 FEET TO A
FOUNT) /PIN; THENCE S03009115" W, 220.89 FEET TO A
FOUND IRON PIN; THENCE N87°3649" W, 85 .71 FEET TO A
FOUND IRON PIN; THENCE NO3 °05' 59" E, 220.99 FEET TO A
FOUND STONE; THENCE NO2°22 '20" E, 1285.00 FEET TO THE
POINT OF BEGINNING, CONTAINING 2.96 ACRES, MORE OR
LESS, BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR
RESTRICTIONS OF RECORD OR FACT.
Ve LVle PC Meeting of August 14, 2006
1 ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM : Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: August 9, 2006
ANX 06-2183: (LIERLY LANE S/D, 244): Submitted by BLIND SQUIRREL, LLC for
property LIERLY LANE SUBDIVISION, south of Lierly Lane. The property is in the Planning
Area and contains approximately 20 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 20-acre tract into the City of
Fayetteville.
PLANNING COMMISSION ACTION: Required YES
(�OApproyed O Denied
Date: August 14, 2006 Motion: ��- Second. " uaVote: g ,K)
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: September 05, 2006 (V reading if recommended)
BACKGROUND:
Property description: The subject property is located within the city's Planning Area on Lierly Lane,
north of Clabber Creek Subdivision Phases 3-5. Approximately 85 ' along the west property line is
within the City of Fayetteville, though the rest is in the Planning Area. Access and existing frontage
is onto Lierly Lane, currently an unimproved street that connects to Hughmount Road.
History: On July 11 , 2005, the Planning Commission approved the development of 57 buildable
lots. The latest plans reviewed by the City Council represent 59 buildable lots. The addition of lots
require Planning Commission approval prior to the approval of the final plat. Of the 59 proposed
lots, the applicant intends to develop 43 lots with single family homes and 16 lots with duplexes.
The preliminary plat was approved with lots to be served by a decentralized septic system within a
3 .36 acre lot. Engineering staff had recommended the extension of sewer to serve this property
through City Council resolution or annexation during the review of the preliminary plat. At the
K:ReporiA20061PC ReporLA08-14-0614NX 06-1183 (Lerly Lane Subdlvision).do
meeting of the Subdivision Committee, the City Engineer placed a condition of approval on the
project that the subdivision, though in the Planning Area, had reasonable access to a public sanitary
sewer system by way of future extensions within Clabber Creek subdivision and would thus need to
connect, with City Council approval. The item was taken before the Water and Sewer Committee for
discussion; based on the comments and recommendations at that initial meeting, which resulted in
the denial of the request, that condition of appioval was removed from the project.
While the developer was underway with construction, final approvals were obtained for the
decentralized septic system. However, a letter was issued by the State Health Department
encouraging a connection to sanitary sewer. This correspondence prompted the developer to again
request the Water and Sewer Committee and City Council to consider granting approval for sewer
connection.
On April 18, 2006, the City Council passed a resolution (#76-06) to allow the extension of sewer
service outside of the city's corporate limits to the overall 23-acre parcel, subject to a detailed
contract (see attached). The applicant offered to submit a Petition of Annexation to Washington
County within five days of the City Council meeting if the resolution was passed. The applicant has
done this and, therefore, requests approval of annexation and rezoning. The minutes of the City
Council meeting make clear that no informal approval of annexation or rezoning was being made by
approving the resolution; these requests will be judged on their own merit regardless of the extension
of sanitary sewer, which will occur whether the property is or is not annexed. Additionally, the
Resolution requires that the applicant pay all park fees and impact fees, including future impact fees
if in existence when development occurs.
Recommendation: Staff recommends approval of the requested annexation, finding that the
incorporation of this property will create an acceptable city boundary and be compatible with the
adjacent development. The inclusion of this property and subsequent development as proposed
will create a connected residential neighborhood containing a mixture of housing types, sizes and
densities within the same area. Through traffic will be minimized while connections between
neighborhoods will occur.
Surrounding Land Use and Zoning. All surrounding properties are within the Planning Area and
consist of large single family properties to the north, west, and east, with an exception to the south,
which is within the City of Fayetteville municipal limits. Clabber Creek Phases 3-5 is an approved
subdivision to the south, with which this subdivision is coordinating a street coimection.
INFRASTRUCTURE:
Streets: The site has access to Lierly Lane. Lierly Lane is being improved along the
property frontage including the intersection with Hughmont Road.
Adiacent Streets:
North: Lierly Lane (Collector Street)
Water: Public water has been extended through the site for this development.
K.MeporLvk20061PC ReporatO8-14-06W NV 06-1183 (Lerly lane Subdivision).doc
Sewer: Sanitary sewer has been extended through the site for this development.
Drainage: Standard improvements and requirements for drainage were required for the
development.
Fire: These 20 acres are covered by Engine 7 located at 835 N Rupple. The property at
this time is 3 . 1 miles from the station with a projected response time of 7.5
minutes to this development. After all the connecting roads being built are in
service, the response distance will be reduced to 2. 1 miles with an expected
response time of 5 .5 minutes. Fire Department anticipates 21 ( 12 EMS — 9
Fire/Other) calls for service per year once the development is completed and
maximum build-out has occurred. There are no recorded measured hydrant flows
for this area. 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 or create an undesirable increase the
load on police services nor will it create an appreciable increase in traffic danger
and congestion in the area.
LAND USE PLAN: The Interim City Plan 2025 map identifies this property as Residential.
This property is not identified on the Sector Map as a Growth sector. Development of this
property has been approved through the City's development review process.
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: There is an unusual peninsula of city property adjacent to the west boundary of
the 20-acre tract. Annexation of this property would expand the existing
peninsula, but not in a manner that would create conflicts with extension of
utilities or access for emergency services. Staff finds that the proposed
annexation satisfactorily meets the requirements in the annexation guideline
policy.
11 .6.b Proposed annexation area must be adjacent, or contiguous, to city limits.
Finding: A portion of the proposed annexation area is currently in the city and the
southern boundary of the parcel is adjacent to the city limits. The request does
K:IReporUU006WC ReporaI08-14-06W AW 06-2183 (Lerl}' Lane Subdlvisinn).do
not extend the city limit boundary further north or west than the current limits
of the existing "tag" of incorporated area.
11 .6.c Areas should either include or exclude entire subdivisions or neighborhoods, not
divide.
Finding: This area requested to be annexed incorporates an entire subdivision that,
through street connectivity, accesses Clabber Creek Subdivisions, creating a
more connected neighborhood with both adjacent subdivisions beingwithin the
city limits.
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 7.5 minutes for fire protection
from Fire Station #7. However, once all road work is complete, the response
time will be reduced to 5.5 minutes. Extension of water and sewer lines shall
occur at the time of development.
ENVIRONMENTALLY SENSITIVE AREAS
11 .6. f Annex environmentally sensitive areas that could be impacted by development and
utilize appropriate development regulations to protect those areas.
Finding: Though the property was developed in accordance to city street standards, it
was not done under the regulations of the city's Tree Preservation Ordinance or
Park Land requirements. The developer has agreed to pay money in lieu of
park land, but there will not be a comprehensive Tree Preservation Pan for this
development as much of it has already occurred. This property is not located in
any FEMA identified floodway/floodplain and is not affected by wetlands..
EMERGENCY AND PUBLIC SERVICES
11 .6.g Public services must be able to be provided efficiently in newly annexed areas.
Finding: The police department reports - that this annexation and rezoning will not
substantially alter the population density and thereby undesirably increase the
load on police services or create and appreciable increase in traffic danger and
congestion in the area.
11 .6.h Annexed areas should receive the same level of service of areas already in the city
limits.
A:V2eportrl2006PC Reportd08-14-06WNX 06-2)83 (Lerfy Ione Suhd vision).doc
l
`1
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 been granted approval to extend public services to this area,
regardless of annexation approval.
Water, fire and police protection are currently provided south of this property
and in the general area. The property is adjacent to city limits to which other
public service providers already respond.
11 .61 Proposed annexation areas should not require the upgrading of utilities to meet the .
demands of development unless there is a threat to public safety.
Finding: . The property to be annexed is undergoing new development. The utilities
Ii installed within the development will meet the needs of the 43 single family and
16 duplex lots.
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
KAReportsp006TC Reporls108-14-06WNX 06-2/83 (Lerly Lane Subdivision).doc
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, similar to the subdivisions
south of the property. The City Council accepted as part of the resolution to
extend sewer an agreement stipulating that if the property is rezoned, de facto
conditional uses allowing each of the duplex lots will be recognized upon the
condition that the lots will be modified to meet the bulk and area regulations for
two-family lots within the RSF-4 zoning district.
11.6.p An annexation study should be completed on all annexation proposals.
Finding: Planning staff has asked the Engineering Division, Fire Department and Police
Department to study this annexation request to determine if facilities and
services are available to serve this property.
11.6.q Development proposals require a separate review from the annexation proposals.
Finding: Development approval has been granted for the overall 23 -acre tract, of which
approximately 3 acres are within the city limits.
I 1.6.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: This annexation consists of only one property/development.
11.6.t Conduct a fiscal impact assessments on large annexations.
Finding: No fiscal impact assessment was conducted for this annexation of 20 acres.
K: LRepons120061PC Reportsi08-14-06WNX 06-2183 (Cerly Lane Subdivision).doc
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.
1 I.6.i The ability to provide public services should be evaluated in terms of equipment, training
of personnel, number of units and response time.
Infrastructure and Utilities
11.6.j Areas currently served by utilities and other public services should be annexed.
11.6.k Proposed annexation areas should not require the upgrading of utilities to meet the
demands of development unless there is a threat to public safety.
11.6.1 Phased annexation should be initiated by the City within active annexation areas based on
planned service extensions or availability of services.
Intergovernmental Relations
11.6.m Promote long-range planning with adjacent jurisdictions.
11.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer.
Administration of Annexations
11.6.o Designate zoning districts for the property during the annexation process.
11.6.p An annexation study should be completed on all annexation proposals.
l 1.6.q Development proposals require a separate review from the annexation proposals.
11.6.r Residents should be fully informed of annexation activities.
11.6.w Encourage larger annexations to create acceptable boundaries.
11.6.t Conduct a fiscal impact assessments on large annexations.
K. IReports120061PC Reports108-14-0661NX 06-2183 (Lkrly Lane Subdivision).doc
Fayetteville Fire
Department
To: Suzanne Morgan, Andrew Garner, Jeremy Pate, and Jesse Fulcher
Thru: Chief Tony Johnson•
Asst Chief Bud Thompson
From: Captain Dale Riggins
Date:
August
9,
2006 -
Re:
August
7,
2006 Zoning Review — Fire Department Comments
ANX06-2183 (Lierly Lane S/D)
RZN06-2184
These 22.92 acres are covered by Engine 7 located at 835 N Rupple.-
The property at this time is 3.1 miles from the station with a projected response time
of 7.5 minutes to this development. After all the connecting roads that are being
built are in service, the response distance will be reduced to 2.1 miles with an
expected response time of 5.5 minutes.
Fire Department anticipates 21 (12 EMS - 9 Fire/Other) calls for service per year
once the development is completed and maximum build -out has occurred.
There are no recorded measured hydrant flows for this area.
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
(Dare Riggins
IT/Planning
flNKI&21M
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'(LED
31u -
Redline 8Minute Response
Biuetinee-.7 Minute Response
August 7, 2006
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
In reference to ANX 00-2183 and RZN 06-2184 (LIERLY LANE S/D, 244): Submitted
by Clint McDonald Blind Squirrel, LLC for property located at Lierly Lane
Subdivision, Lierly at Hughmount. The property contains approximately 22.92 acres and
is zoned RA, and is in the growth area. The request is to annex the property into the City
of Fayetteville and rezone the subject property to RSF-4.
It is the opinion of the Fayetteville Police Department that this annexation will not
substantially alter the population density or create an undesirable increase the load on
police services nor will it create an appreciable increase in traffic danger and congestion
in the area.
Sincerely,
Captain William Brown
Fayetteville Police Department
.IN THE COUNTY COURT OF WASHINGTON COUNTY,
IN THE MATTER OF:
ANNEXATION OF CERTAIN LANDS TO THE
CITY OF FAYETTEVILLE, ARKANSAS
O
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Case No. CC -2006-'
BLIND SQUIRREL, LLC PETITIONER
PETITION FOR ANNEXATION
Comes now the Petitioner and for its Petition for Annexation it alleges and states that:
1. Petitioner is the owner of record of a certain tract of real property contiguous to and
adjoining the City of Fayetteville, Washington County, Arkansas, and being more particularly
described as follows:
PART OF THE SOUTHWEST ''/< OF THE NORTHEAST Y AND PART OF'
THE NORTHWEST '/a OF THE SOUTHEAST '/4 OF SECTION 31,
TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST
CORNER OF SAID SW '/4 OF THE NE '/4; THENCE S02°22'20"W 3151
FEET TO A FOUND IRON PIN AND THE POINT OF BEGINNING;
THENCE S87°33'23"E 85.02 FEET; THENCE N02°33'29"E 31.70 FEET;
THENCE S87°40'49"E 258.04 FEET; THENCE S87°38'53"E 308.06 FEET;
THENCE S02°23'57"W 1538.07 FEET; THENCE N87°36'49"W 653.30
FEET; TI-IENCE N03°05'59"E 220.99 FEET; THENCE N02°22'20"E
1285.00 FEET TO THE POINT OF BEGINNING, CONTAINING 22.92
ACRES, MORE OR LESS, BEING SUBJECT TO ANY EASEMENTS,
COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
2. The property is located in Washington County, Arkansas, and this Court has
jurisdiction to hear this Petition pursuant to Ark. Code Ann. § 14-40-601.
3. The Petitioner desires to annex the property described in paragraph I into the City of
Fayetteville, Washington County, Arkansas.
4. A true and correct copy of a map of the property showing that it is adjacent to the City
limits of the City of Fayetteville is attached hereto as Exhibit A.
5. Petitioner states that James W. Smith is authorized to act for and on behalf of the
Petitioner in all matters connected with this Petition and any subsequent hearings or annexation
proceedings connected therewith.
WHEREFORE, Petitioner prays that this Court set a date for hearing this Petition not less
than 30 days after the date of filing and that at such hearing this Court enter its order granting the
Petition and annexing the property described in paragraph I into the City of Fayetteville,
Washington County, Arkansas.
BLIND SQUIRREL, LLC, Petitioner
By:
3425 N. Futrall Dr., Suite 103
Fayetteville, AR 72703
(479) 695-2011
::ODMA\GRPW1S tPO.Tax Ubrvy2O4136.1 2
1 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
2006 JUc9 21 P$ 2: 45'
IN THE MATTER OF:
ANNEXATION OF CERTAIN LANDS TO THE
CITY OF FAYETTEVILLE, ARKANSAS Case No.
BLIND SQUIRREL, LLC PETITIONER
ORDER OF ANNEXATION
Now on this 26th day of June, 2006, this cause comes on to be heard, the Petitioner
announcing ready for a hearing of the cause and there being no protests or objections filed,
whereupon, the matter is submitted to the Court upon the petition filed herein, and the oral and
documentary evidence adduced, the Court being well and sufficiently advised finds:
1. The Petition in this cause was filed on May 19, 2006, at which time this Court
fixed June 26, 2006 at 10:30 a.m., as the date and time of hearing for said cause, and that a full
thirty (30) days notice of hearing was given as required by state law and the proof of publication
of said notice is now on file with the 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 a majority of the
property owners having a freehold interest in the property hereinafter described joined in the
petition and constitute of the real owners of the area affected.
3. The land proposed to be annexed to the City of Fayetteville, Washington County.:
T QUAD
• t nmmoo
Arkansas, in this cause is described as follows:
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PART OF THE SOUTHWEST''/C OF THE NORTHEAST '/< AND PART OO o boo
OF THE NORTHWEST '/4 OF THE SOUTHEAST '/< OF SECTION 31,
TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON I =
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COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST
CORNER OF SAID SW '/4 OF THE NE %4; THENCE S02°22'20"W
31.51 FEET TO A FOUND IRON PIN AND THE POINT OF
BEGINNING; THENCE S87°33'23"E 85.02 FEET; THENCE
N02°33'29"E 31.70 FEET; THENCE S87°40'49"E 258.04 FEET;
THENCE S87°38'53"E 308.06 FEET; THENCE S02°23'57"W 1538.07
FEET; THENCE N87°36'49"W 653.30 FEET; THENCE N03°05'59"E
220.99 FEET; THENCE N02°22'20"E 1285.00 FEET TO THE POINT
OF BEGINNING, CONTAINING 22.92 ACRES, MORE OR LESS,
BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR
RESTRICTIONS OF RECORD OR FACT.
LESS AND EXCEPT:
A PART OF LOT 3 OF TRACT "B" AS SHOWN ON A LOT SPLIT
RECORDED AS DOCUMENT NUMBER 2003-17759, BEING PART
OF THE SW'/4 OF THE NE%a AND PART OF THE NW%4 OF THE SE'/4
OF SECTION 31, T -17-N, R -30-W, WASHINGTON COUNTY,
ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE CORNER OF SAID
SW'/4 OF THE NE'/4, THENCE S02°22'20" W, 31.51 FEET TO A
FOUND IRON PIN AT THE NW CORNER OF SAID LOT 3 AND THE
POINT OF BEGINNING; THENCE S87°33'23" E, 85.02 FEET TO A
• FOUND IRON PIN; THENCE S02°19'55" W, .1285.02 FEET TO A
FOUND IRON PIN; THENCE 503°09'15" W, 220.89 FEET TO A
FOUND IRON PIN; THENCE N87°36'49" W, 85.71 FEET TO A
• FOUND IRON PIN; THENCE N03°05'59" E, 220.99 FEET TO A
FOUND STONE; THENCE N02°22'20" E, 1285.00 FEET TO THE
POINT OF BEGINNING, CONTAINING 2.96 ACRES, MORE OR
LESS, BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR
RESTRICTIONS OF RECORD OR FACT.
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 peculiarly adapted for urban
purposes and this territory should be annexed to and made part of the City of Fayetteville,
Arkansas.
.ODNA\GRPWISEVAPO.Tu_Ubnzy209646.1 2
j
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 Ark. Code Ann. § 14-40-601 et seq. and this
Order shall be duly recorded by the Clerk of Washington County.
J RR H TO , CountyJudge
I
II
::ODMA\GRPWISE\LKPO.Tan I.ibrary:2096d6. 1 3 -
i
RESOLUTION NO. 76-06
A RESOLUTION TO ALLOW -EXTENSION OF SEWER SERVICE
OUTSIDE THE CITY'S CORPORATE LIMITS ON A 23 ACRE
PARCEL ON LIERLY LANE ADJACENT TO THE CITY LIMITS
WHEREAS, § 51.113 (c) Sewer connections outside the city states that "the city's
sewerage system shall not be extended outside the city's corporate limits except on express
approval of the City Council"; and
WHEREAS, applicant Blind Squirrel; LLC has requested that the City Council grant its
express approval to allow extension of City Sewer mains at the applicant's expense to access its
23 acre parcel south of Lierly Lane and adjacent to the City's corporate limits the legal
description to such property being attached hereto as Exhibit A (the "Property"); and
WHEREAS, applicant has agreed that as a condition of granting this extension of sewer
service, the 23 acre parcel will be developed in accordance with the terms and condition of that
certain Annexation Agreement for Sewer on Lierly Lane for the City of Fayetteville, Arkansas, a
copy which is attached hereto as, Exhibit B (the "Contract"); and
WHEREAS, the City's sewer
service to
the Property shall be allowed
regardless of
whether annexation of the Property into
the City is
approved or denied by the City
Council; and
WHEREAS, the applicant has agreed to petition for annexation into the City of
Fayetteville in the manner described in the Contract; and
WHEREAS, the applicant agrees that any impact fees (now including water, sewer, fire,
police, and parks land) including future enacted impact fees if in existence when development
occurs shall be paid as if the parcel was within the city limits, and other fees will be paid at the
time of final plat approval. The parks fee shall be set at the preliminary plat rate.
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 approves a
resolution to allow extension of sewer service outside the City's corporate limits on a 23 -acre
parcel owned by the applicant Blind Squirrel, LLC south of Lierly Lane, adjacent to the City's
corporate limits the legal description to such property being attached hereto as Exhibit A (the
"Property"), conditional upon the applicant or any successor in interest fully complying with and
completing all offered conditions as shown in the Whereas clauses of this Resolution.
PASSED and APPROVED this 18's day of April, 2006. `6,\ 1 WrOEySG
ATTEST: E :FAYETTEVILLE:
cam. •i.;
By: &4c6- s%•�4;C,' TdY
SONDRA SMITH City Clerk
; ,
EXHIBIT "A"
SURVEY DESCRIPTION OF PROPOSED LIERLY LANE SUBDIVISION:
PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND PART OF THE
NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 17 NORTH,
RANGE. 30 ' WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID
SW 1/4 OF THE NE1/4; THENCE S02°22'20"W 31.51 FEET TO A FOUND IRON PIN AND
THE POINT OF BEGINNING; THENCE S87°33'23"E 85.02 FEET; THENCE N02°33'29"E
31.70 FEET; THENCE S87°40'49"E 258.04 FEET; THENCE587°38'53"E 308.06 FEET;
THENCE S02°23'57"W 1538.07 FEET; THENCE N87°36'49"W 653.30 FEET; THENCE
N03°05'59"E 220.99 FEET; THENCE N02°22'20"E 1285.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 22.92 ACRES, MORE OR LESS, BEING SUBJECT TO ANY
EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
Pt
K.MTY COUNCIL AGENDA REQUESTSVp°6 Agrnda Requc s\Agil la20061Raolwwo for awaioa ofamicr owsidc city Emits jLimly I ).Eoc - 3
LIERLY LANE FOR THE CITY OF FAYETTEVILLE, ARKANSAS
For the purpose of attempting to obtain approval of a request for a Variance to the City of
Fayetteville City Sewer Ordinance (the "Ordinance"), Blind Squirrel, LLC, an Arkansas limited
liability company (the "Petitioner") being the current owner and developer of that certain real
property and improvements thereon located in Washington County, Arkansas and more
particularly described on Exhibit A attached hereto (the "Property"), hereby voluntarily enters
into, executes and delivers to the City of Fayetteville, Arkansas ("Fayetteville") this Annexation
Agreement for Sewer on Lierly Lane for the City of Fayetteville, Arkansas (the "Agreement")
for the purpose of being legally bound hereto in accordance with'its terms and conditions.
In exchange for Fayetteville irrevocably granting and conveying to Petitioner, its
successors and assigns (collectively, the Owner") a Variance to the Ordinance in such order as
permits and provides that the Property shall be consistently tied on to, connected to and have the
irrevocable right to use, the Fayetteville sewer system and related services thereto, the Petitioner
expressly grants to Fayetteville the right to enforce any and all of the terms of this Agreement in
the Circuit Court of Washington County, Arkansas and agrees that if Owner or Owner's
successors or assigns violate any tens of this Agreement, substantial irreparable damage
justifying injunctive relief will have been done to Fayetteville and its citizens. The Petitioner
acknowledges that the Fayetteville City Council will reasonably rely upon all of the terms and
conditions within this Agreement in considering whether to approve Petitioner's request for a
Variance to the City Sewer Ordinance in such order as permits and provides that the Property
shall be consistently tied on to, connected to and have the irrevocable right to use, the
Fayetteville sewer system and related services thereto.
Subject to the terms and conditions of this Agreement and specifically provided that no
later than April 30, 2006 the Fayetteville City Council approves Petitioner's Variance to the
Ordinance in such order as permits and provides that the Property shall be consistently tied on to,.
connected to and have the irrevocable right to use, the Fayetteville sewer system and related
services thereto, Petitioner hereby covenants and assures Fayetteville that the Owner shall be
responsible for the following items and the Property shall be restricted in the following manner:
1. All fees and charges will be paid in full as if the subdivision developed within the
Property were within Fayetteville, Arkansas. With respect to each separate lot within the
subdivision located within the Property all of such fees and charges will be paid in accordance
with the following current fee schedules:
Impact Fees As water meters are set
Fire & Police Fees At issuance of Certificate of
Occupancy
Parks Fees At Time of Annexation
Building Permits As Construction progresses in the regular
manner required by Fayetteville.
KLT'COUNCIL AGENDA REQVESTS13006 AatRcqicstc4p,iI I8, I0LMUteoSiunforal®on ofsavice awside ciy r®uz (l;ely Line)doc
4.
2. The Property shall be zoned as a modified RSF-4 with de -facto conditional uses
allowing 16 duplexes on the lots shown on Exhibit B attached hereto. The development on the
Property will consist of 16 duplexes and 43 single-family units. Lot Lines will be adjusted from
the current plan to meet City minimums.
3. Owner will file for annexation within five days of the passage of the resolution.
4. Immediately upon passage of the resolution approving this Agreement and the
Fayetteville City Council approving Petitioner's Variance to the Ordinance in such order as
permits and provides that the Property shall be consistently tied on to, connected to and have the
irrevocable right to use, the Fayetteville sewer system and related services thereto, and Owner
completing its site work on the Property, Owner shall have all rights and privileges to, and shall
be fully authorized to, commence any and all building and residential construction within the
subdivision on the Property. All such construction will be to the regular and customary standards
of Fayetteville and shall be subject to fair and customary inspection if such is determined, in
good faith by Fayetteville, to be necessary and appropriate.
5. Notwithstanding anything contained in this Agreement to the contrary, the
issuance and approval of the final plat of the development of the Property shall not be adversely
affected, in any manner by, or withheld, delayed or conditioned in any manner whatsoever, as a
result of the annexation of the Property into Fayetteville.
6. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Agreement shall be filed for record in the Washington County
Circuit Clerk's office after Petitioner's Variance is approved and effective in the manner
described in this Agreement and, provided such approval and effectiveness is obtained, shall be
noted on any Final Plat or Large Scale Development which includes some or all of the Property.
7. This Agreement, and all of its terms and conditions, shall terminate automatically
and without any act or deed, if prior to May 1, 2006, the Fayetteville City Council does not
approve Petitioner's Variance to the Ordinance in such order as permits and provides that the
Property shall be consistently tied on to, connected to and have the irrevocable right to use, the
Fayetteville sewer system and related services thereto.
[Remainder of Page Intentionally Blank; Signatures on Following Page]
KSCITY COUNCIL AGENDA REQUEST3V A5aMr Rcgncvs'Apil IS.1006'RaoMon for atmsmn ofsaricc owsidc city Emits (ivly La)Jnc
• \1
In Witness Whereof and in agreement with all the terms and conditions stated in
this Agreement, Blind Squirrel, LLC, as the owner and developer of the Property voluntarily
• offer all such assurances and signs its name below.
BLIND SQUIRREL, LLC
By:
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
)ss.
COUNTY OF WASHINGTON ) And now on this the 30'S�S day of Arcrl/ , 2006, appeared before me,
f N SC/,"t' and after being placed upon his/her oath swore or affirmed that
he/she agreed with the terms of the Annexation Agreement for Sewer on Lierly Lane for the City
of Fayetteville, Arkansas and signed hi/her name above.
• . ... (Z'ae
Notary Public
My Commission Expires:
9rj7 Dot
"o�A` SEAL"
Nom public, State of A[kansas
County of Washington
mnvH 0g
ICtCITYCOUNCIL AGENDA REQUESTSU&O6 Agenda RaqucuUp.il 18. 3006tRvoMion fm v,tsRmo(suviccouttiicti, 6mestlivly lacj 6ic 6
SURVEY DESCRIPTION OF PROPOSED LIERLY LANE SUBDIVISION:
PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 -AND PART OF THE NORTHWEST 1/4
OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID SW1/4 OF THE
NE1/4; THENCE S02°22'20"W 31.51 FEET TO A FOUND IRON PIN AND THE POINT OF
BEGINNING; THENCE S87°33'23"E 85.02 FEET; THENCE N02°33'29"E 31.70 FEET; THENCE
587°40'49"E 258.04 FEET; THENCE S87°3853"E 308.06 FEET; THENCE S02°23'577W 1538.07
FEET; THENCE N87°36'49"W 653.30 FEET; THENCE N03°05'59"E 220.99 FEET; THENCE
N02°22'20"E 1285.00 FEET TO THE POINT OF BEGINNING, CONTAINING 22.92 ACRES, MORE
OR LESS, BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD
OR FACT.
a
9
P_(
for
Arkansas Department
of Health and Human Services
Division of Health
Paul K. Halverson, DrPH, Director
cering Section — Environmental Health Branch — Center for Local Public Health
x 1437, Slot H-37 Little Rock, AR 72203-1437 1-501-661-2623 TDD:
or FedEx 4815 West Markham St.. Slat H-37 l.iffle Rnrk AR 711AC rte.
January
Mr. David Jurgens, Director of Utilities
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
Re: Lierly Lane Subdivision Sewer Service
Dear Mr. Jurgens:
RECEIVED
JAN 2 3' 20M
ENGINEERING DIV.
-800-2344399
1-501-661-2032
RECEIVED
JAN 24 2006
CITY OF FAYETTEVILLE
MAYOR'S OFFICE
Project Design Consultants have submitted to us for review, an alternate sewer system in which 59
residential lots of about a quarter acre each would receive water from the Fayetteville Water System.
This subdivision is adjacent to the city limits of Fayetteville and the sewer system proposed is a
centralized treatment and secondary drip irrigation system to be located in the same area.
We recommend Project Design Consultants and the City of Fayetteville give due consideration to
connecting this proposed development to the City of Fayetteville Sewer System instead of the proposed on
site treatment and disposal system.
The general health of the residents of the proposed subdivision and nearby developments would be better
protected by sewer collection and transport to the City's remote treatment facilities. The municipal system
is likely more efficient and mutually more cost effective than the proposed system.
If the City of Fayetteville has the sewage treatment capacity, we would strongly recommend that the
Lierly Lane Subdivision be served by the municipal treatment plant. If this_is not possible would you
please inform us of the circumstances that would prevent this service.
Sincerely,
CZ2cick
Robert Hart,.P.E.
Chief Engineer
Engineering Section, ADHHS
RH: LAJ: CSC: RD: RDA: rda
Cc: Project Design Consultants
Washington County Health Office
www.liealthyarkansas.com
Serving more than one million Arkansans each year
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From: Clarice Pearman
To: Pate, Jeremy
Date: 9.25.06 2:41 PM
Subject: Ords. 4925, 4926, 4927, & 4928
Attachments: 4928 RZN 06-2199.pdf; 4926 RZN 06-2184.pdf; 4927 RZN 06-2181.pdf; 4925 ANX
06-2183.pdf
CC: Audit; GIS
Jeremy,
Attached is a copy of the above ordinances passed by the City Council, September 19, 2006. If anything else is needed
please let me know.
Thanks.
Clarice
State of Arkansas
Secretary of State
Business& Commercial Services 682.3409
4, --- Elections 682-5070
Building & Grounds 682.3407
9R%tANSPs -_� Communications&Education 683.0057
-- - State Capitol Police 682-5173
• Charlie Daniels - Business Office 682-8032
Secretary of State information Technology 682-3411
October 2, 2006
The Honorable Karen Combs Pritchard
Washington County Clerk -
280 North College, 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: 10/02,/2006 County: Washington City: Fayetteville
Annexation: Ordinance No. - 4925 . _
- - j Co. Order No - 2006-16
Plat - X--Lierly Lane 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 -
n
2nd Class City -
�` Incorporated Town -
I have forwarded this information -to the Arkansas Municipal League and the Arkansas
Highway arid Transportation Department. If you have any further questions please do
not hesitate to contact me at 1-800-482-1127 or 682-3451
_
I1
ii
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
NORTHWEST ARKANSAS EDITION
•
Benton County Daily Record
P. 0. BOX 1607 RECEIVED
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415 OCT 032006
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
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 NO. 4925
Was inserted in the Regular Editions:
SEPTEMBER 29, 2006 ORDINANCE N0. e925
Publication Charge: $153.30 AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETIT
Subscribed an sworn to before me
This day of�j/ , 2006.
Notary Public Aa4toli
My Commission Expires:
Sharlene D. Williams
Notary Public
State of Arkansas
My Commission Expires
October 18, 2014
2183 (VI 200 16). FOR A PART OF LIELLY LANE a e evi�le
SUBDIVISION LOCATED SOUTH OF LIERLY LANE,
CONTAINING APPROXIMATELY 20 ACRES.
ARKANSAS
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section I That the City Council hereby confirms the annexation to the City 01 Fayetteville, Arkansas,
of that property described in Exhibit 'A' and map labeled Exhibit'B' attached hereto and made e
part hereof.
Section 2: Thal 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 designalion of R -A, Residential Agricultural to the subject properly.
Section 4: Thal the above -described properly is hereby assigned to Ward No. Four.
PASSED and APPROVED this 19th of September, 2006.
THE SOUTHWEST
THEAST 1/4 OF SI
ARKANSAS, BEIN
ICING AT A FOUN'.
HENCE S02°22'20
ENCE 587'33'23E
:ET; THENCE 587°
3'W 653.30 FEET;
THE POINT OF BE
ANY EASEMENTS,
ATTEST:
By:
SONDRA SMITH, City Cleric
EXHIBIT'A'
ANX OB-2183
OF THE NORTHEAST 114 AND PART OF THE NORTHWEST
ON 31, TOWNSHIP 17 NORTH. RANl:F'm wrcT tACuM
IRON
ON PIN AND THE
YE 31.70 FEET TH
S02.2357'W 1538.
-T,' THENCE NO,,
,ORES, MORE OR I
S OF RECORD OR
iW 1/4 OF THE
NT OF BEGIN -
FEET; THENCE
LESS AND EXCEPT:
A PART OF LOT 3 OF TRACT'B' AS SHOWN ON A LOT SPLIT RECORDED AS DOCUMENT NUM-
BER 2003-17759, BEING PART OF THE SW1/4 OF THE NE114 AND PART OF THE NWI/4 OF THE
SEi/4 OF SECTION 31. T-1 7-N, R -30-W, WASHINGTON COUNTY, ARKANSAS. AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE CORNER OF SAID 5W114 OF THE NE1/4, THENCE
S022220' W. 31.51 FEET TO A FOUND IRON PIN AT THE NW CORNER OF SAID LOT 3 AND THE
POINT OF BEGINNING; THENCE 58733'23' E. 85.02 FEET TO A FOUND IRON PIN: THENCE
50219'55' W. 1285.02 FEET TO A FOUND IRON PIN; THENCE $03'0915' W. 220.89 FEET TO A
OUND IRON PIN; THENCE N87-3649- W. 85.71 FEET TO A FOUND IRON PIN; THENCE
VWb5'S9' E, 220.99 FEET TO A FOUND STONE; THENCE No2.2Y20- E, 1285.00 FEET TO THE
'DINT OF BEGINNING. CONTAINING 2.96 ACRES,.MORE OR LESS, BEING SUBJECT TO ANY
EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
WASHINGTON COUNTY
STATE OF ARKANSAS
Washington County Courthouse
f' 280 North College Avenue. Suite 300
Fayetteville, Arkansas 72701
Telephone: (479) 444-1711
KAREN COMBS PRITCHARD Fax: (479) 444-1894
COUNTY AND PROBATE CLERK
September 26 , 2006
To: City Clerks Office
From: Jennifer Sharpshair
Deputy County Clerk
I have enclosed the finalization of 4 Fayetteville Annexations.
CC2006-16 Annex to Fayetteville
CC2006-17 Annex to Fayetteville
Island Annexation Ordinance #4923 Annex To Fayetteville
Island Annexation Ordinance #4924 Annex To Fayetteville
If you have any questions you can give me a call at 444-1713.
T anks,
RECEIVED
OCT 02
r4Jf l�/2ltt$A{K$ @19RLrE
Y
Z006 SEP 26 MI 9: 09
•J JLI j :l
Go, & PROJ t E CLERK
�,�SHII�GTOIN CO. ,MK.
ORDINANCE NO. 4925
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 06-2183
(CC2006-16), FOR A PART OF LIERLY LANE SUBDIVISION
LOCATED SOUTH OF LIERLY LANE, CONTAINING
APPROXIMATELY 20 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 19w of September, 2006.�lY
cam. •c
o.
;FAYETTEVILLE;
APPROVED: ATTEST:
y��yJ •9RkAN`*e-'*
h72(&22fr GrOA
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
.y
EXHIBIT "A"
ANX 06-2183
PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND PART OF THE
NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 17 NORTH,
RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID SW
1/4 OF THE NE 1/4; THENCE S02°22'20"W 31.51 FEET TO A FOUND IRON PIN AND
THE POINT OF BEGINNING; THENCE S87°33'23"E 85.02 FEET; THENCE N02°33'29"E
31.70 FEET; THENCE S87°40'49"E 258.04 FEET; THENCE S87°38'53"E 308.06 FEET;
THENCE S02°23'57"W 1538.07 FEET; THENCE N87°36'49"W 653.30 FEET; THENCE
N03°05'59"E 220.99 FEET; THENCE N02°22'20"E 1285.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 22.92 ACRES, MORE OR LESS, BEING SUBJECT TO ANY
EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
LESS AND EXCEPT:
A PART OF LOT 3 OF TRACT "B" AS SHOWN ON A LOT SPLIT RECORDED AS
DOCUMENT NUMBER 2003-17759, BEING PART OF THE SW1/4 OF THE NEI/4 AND
PART OF THE NWI/4 OF THE SE'/ OF SECTION 31, T -17-N, R -30-W, WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE CORNER OF SAID SWI/4 /4 OF THE
NEl/4, THENCE S02°22'20" W, 31.51 FEET TO A FOUND IRON PIN AT THE NW
CORNER OF SAID LOT 3 AND THE POINT OF BEGINNING; THENCE S87°33'23" E,
85.02 FEET TO A FOUND IRON PIN; THENCE S02°19'55" W, 1285.02 FEET TO A FOUND
IRON PIN; THENCE S03°09'15" W, 220.89 FEET TO A FOUND IRON PIN; THENCE
N87°36'49" W, 85.71 FEET TO A FOUND IRON PIN; THENCE N03°05'59" E, 220.99 FEET
TO A FOUND STONE; THENCE N02°22'20" E; 1285.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 2.96 ACRES, MORE OR LESS, BEING SUBJECT TO ANY
EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
W rj
ANX06-21831
Close Up View
Overview
EXHIBIT "B"
LIERLY LANE SUBDIVISION
Legend
n000q cc Overly Disva FLOODWAY
10o YEAR
500 YEAR
'' LIMIT OF STUDY
_. Baseline Prome
Fayetteville
Outside Cily
pos M!%o62l83
a><2il veGa.60BFoolpml2004
MIIside-Ndtt , Overlay D tncl
0 150
300
600
900
1.200
Feel
wl
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANS S
2be6 lug 2� e�12:
INTHE MATTER OF:
ANNEXATION OF CERTAIN LANDS TO THE
CITY OF FAYETTEVILLE, ARKANSAS
BLIND SQUIRREL, LLC PETITIONER
ORDER OF ANNEXATION
Now on this 26th day of June, 2006, this cause comes on to be heard, the Petitioner
announcing ready for a hearing of the cause and there being no protests or objections filed,
whereupon, the matter is submitted to the Court upon the petition filed herein, and the oral and
documentary evidence adduced, the Court being well and sufficiently advised finds:
1. The Petition in this cause was filed on May 19, 2006, at which time this Court
fixed June 26, 2006 at 10:30 a.m., as the date and time of hearing for said cause, and that a full
thirty (30) days notice of hearing was given as required by state law and the proof of publication
of said notice is now on file with the 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 a majority of the
property owners having a freehold interest in the property hereinafter described joined in the
petition and constitute of 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 as follows:
PART OF THE SOUTHWEST '/4 OF THE NORTHEAST '/4 AND PART
OF THE NORTHWEST '/4 OF THE SOUTHEAST '/4 OF SECTION 31,
TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST
CORNER OF SAID SW 'A OF THE NE '/<; THENCE S02°22'20"W
31.51 FEET TO A FOUND IRON PIN AND THE POINT OF
BEGINNING; THENCE S87°33'23"E 85.02 FEET; THENCE
N02°33'29"E 31.70 FEET; THENCE S87°40'49"E 258.04 FEET;
THENCE S87°38'53"E 308.06 FEET; THENCE S02°23'57"W 1538.07
•FEET; THENCE N87°36'49"W 653.30 FEET; THENCE N03°05'59"E
220.99 FEET; THENCE N02°22'20"E 1285.00 FEET TO THE POINT
OF BEGINNING, CONTAINING 22.92 ACRES, MORE OR LESS,
BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR
RESTRICTIONS OF RECORD OR FACT.
LESS AND EXCEPT:
A PART OF LOT 3 OF TRACT "B" AS SHOWN ON A LOT SPLIT
RECORDED AS DOCUMENT NUMBER 2003-17759, BEING PART
OF THE SW'/< OF THE NE'/4 AND PART OF THE NW'/< OF THE SE'/<
OF SECTION 31, T -17-N, R -30-W, WASHINGTON COUNTY,
ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE CORNER OF SAID
SW'/a OF THE NE'/o, THENCE S02°22'20" W, 31.51 FEET TO A
FOUND IRON PIN AT THE NW CORNER OF SAID LOT 3 AND THE
POINT OF BEGINNING; THENCE S87°33'23" E, 85.02 FEET TO A
FOUND IRON PIN; THENCE S02°19'55" W, 1285.02 FEET TO A
FOUND IRON PIN; THENCE S03°09'15" W, 220.89 FEET TO A
FOUND IRON PIN; THENCE N87°36'49" W, 85.71 FEET TO A
FOUND IRON PIN; THENCE N03°05'59" E, 220.99 FEET TO A
FOUND STONE; THENCE N02°22'20" E, 1285.00 FEET TO THE
POINT OF BEGINNING, CONTAINING 2.96 ACRES, MORE OR
LESS, BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR
RESTRICTIONS OF RECORD OR FACT.
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 peculiarly adapted for urban
purposes and this territory should be annexed to and made part of the City of Fayetteville,
Arkansas.
I:ODMA\GRPWISE\LLPOTa lbary2096a6.1 2
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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 Ark. Code Ann. § 14-40-601 et seq. and this
Order shall be duly recorded by the Clerk of Washington County.
County Judge
::ODMA\GRPWISEU.R.PO.Tu_Libnry:2096a6.1 3
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