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ORDINANCE NO, 4949 y
AN ORDINANCE TO ATTACH AND INCORPORATE
APPROXIMATELY 1,419.3 ACRES OF LAND INTO THE
CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE
PURSUANT TO THE ANNEXATION ELECTION OF
OCTOBER 10, 2006, ASSIGN ALL THIS TERRITORY TO
WARD FOUR AND TO ASSIGN THE ZONING
DESIGNATION OF R-A TO ALL PARCELS
WHEREAS, on June 20, 2006, by a vote of two-thirds of its members the City
Council passed Ordinance No. 4888 calling for an election to annex approximately 2,000
acres contiguous to the City of Fayetteville or such acreage within the territories still
legally available for annexation at the time of the election; and
WHEREAS, Parcel C was annexed through island annexation procedures prior
to the election by the City of Farmington and most of Parcel B was annexed through
island annexation procedures by the City of Fayetteville prior to the election, leaving
only Parcel A of about 1,419.3 acres to be decided by the annexation election of October
10, 2006; and
WHEREAS, on October 10, 2006, the electors of the City of Fayetteville and the
lands within Exhibit A voted 1,415 FOR the annexation and 756 AGAINST the
annexation, so the annexation passed; and
WHEREAS, the Washington County Clerk has properly certified the election
results and recorded them within seven days of the election and more than thirty (30)
days have elapsed since the filing with no election contest being filed so that now the
annexation is final.
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
acknowledges the certified vote of the citizens to annex about 1,419.3 acres as described
in Exhibit A and shown by the map attached as Exhibit B. The City Council hereby
annexes all of this land, assigns it to Ward Four and zones it R-A, Residential
Agricultural.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
amends the official map of the City of Fayetteville to include the 1,419.3 acres described
above.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby
amends its zoning map in conformity with Section 1 above.
PASSED and APPROVED this 21St day of November, 2006.
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APPROVED: ATTEST: = e FAYETiEVILLE�
:vsy9 AANSGyJ�'�`
DAN COODY, Mayor S NDRA SMITH, iCity Clerk
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Exhibit A
WEST SIDE ANNEXATION (NOVEMBER 2006)
A part of Sections 8, 9, 10, 15, 16, 17 and 20, all within Township 16 North, Range 31 West, Washington
County, Arkansas, and being more particularly described as follows:
Beginning at the NE corner of the NE-NW-15-16-31; Thence Southerly to the SE corner of the NE-NW-15-
16-31; Thence Westerly to the SW corner of the NE-NW-16-16-31; Thence Southerly to the SE corner of the
SW-SW-16-16-31; Thence N 88° 12' 11" W 357.41 feet; Thence N 88° 12' 12" W 243.53 feet; Thence S 75° 55'
59" W 282.72 feet; Thence S 65° 08' 19" W 233.2 feet; Thence N 83° 24' 43" W 218.68 feet; Thence S 02° 23'
49" W 86.18 feet, Thence S 85° 35' 11" W 307.42 feet; Thence S 85° 35' 12" W 307.94 feet, Thence S 86° 02'
18" W 307.66 feet; Thence S 76° 41' 36" W 317.55 feet; Thence S 02° 18' 53" W 29.79 feet; Thence S 81° 20'
27" W 309.07 feet, Thence N 02° 18' 57" E 28.91 feet; Thence S 69° 48' 29" W 166.43 feet; Thence N 37° 10'
26" W 175.55 feet, Thence N 29° 34' 28" W 76.14 feet; Thence N 15° 14' 14" W 83.02 feet, Thence N 02° 59'
57" W 104.18 feet; Thence N 020 44' 06" E 244.98 feet; Thence N 88° 15' 05" W 82.97 feet; Thence N 02° 10'
21" E 1283.34 feet, Thence S 87° 14' 06" E 650.40 feet, to the SW corner of the NE-SE-17-16-31; Thence
Northerly to the SE corner of the SW-NE-17-16-31; Thence N 87° 24' 53" W 631.72 feet; Thence N 03` 01'
07" E 1093.69 feet, Thence N 03° 01' 07" E 231 .03 feet; Thence N 87° 35' 37" W 691.83 feet, to the SE corner
of the NE-NW-17-16-31; Thence Westerly to the SW corner of the NE-NW-17-16-31; Thence Northerly to
the NW corner of the NE-NW-17-16-31; Thence Easterly to the SW corner of the SW-SE-8-16-31; Thence N
020 38' 58" E 1115.58 feet; Thence S 87° 45' 35" E 1304.80 feet; Thence N 02° 31' 33" E 209.98 feet, to the SW
corner of the NE-SE-8-16-31; Thence Northerly to the NW corner of the NE-SE-8-16-31; Thence Easterly to
the NW corner of the NE-SE-9-16-31; Thence S 870 47' 35" E 506.32 feet; Thence N 020 19' 25' E 210.00 feet;
Thence S 87° 40' 35" E 210.00 feet; Thence N 02° 19' 25" E 711.00 feet; Thence S 87° 40' 35" E 594.00 feet;
Thence N 02° 19' 24" E 403.44 feet; to the NW corner of the SW-NW-10-16-31; Thence Easterly to the NE
corner of the SW-NW-10-16-31; Thence Northerly to the NW corner of the NE-NW-10-16-31; Thence S 87°
54' 23" E 662.49 feet; Thence S 02° 33' 40" W 1094.55 feet; Thence S 02° 00' 01" W 226.54 feet; Thence S 88°
00' 23" E 667.00 feet; Thence N 02° 27' 55" E 34.52 feet; Thence S 87° 52' 34" E 659.92 feet; Thence S 02° 28'
07" W 591 .27 feet, Thence S 02° 27' 58" W 94.22 feet, Thence S 02° 25' 02" W 3310.46 feet, Thence N 870 57
35" W 184.36 feet; Thence N 17° 05' 57" W 32.8 feet; Thence N 41° 18'.37" W 112.77 feet; Thence N 38° 39'
04" W 55.87 feet; Thence N 380 39' 03" W 65.31 feet; Thence N 57° 21' 02" W 69.84 feet; Thence N 250 29'
06" W 114.53 feet, Thence N 87° 57 34" W 198.00 feet, Thence S 02° 04' 40" W 342.00 feet, To the Point of
Beginning and containing 1 ,419.30 acres, more or less.
"Exhibit B is map and may be viewed in the city clerk's office during normal business
hours."
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City of Fayetteville y9 �9
Staff Review FormQ� h
City Council Agenda Items
or I/I Gfl/�rQ7�Qi
Contractsj>l(i� (�
11 /21 /2006
City Council Meeting Date
Tim Conklin Planning and Development Mgt. Operations
Submitted By Division Department
Action Required:
An ordinance to attach and incorporate 1 ,419.30 acres into the City of Fayetteville and assign such annexed territory
to Ward 4 pursuant to A.C.A. 14-40-303. Annexation ordinance - Election - Procedures.
N/A
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item O Budget Adjustment Attached
Previous Ordinance or Resolution #
11� 0 �
Department irector Date Original Contract Date:
Original Contract Number:
City Attorney Date
Received in Cityerk� ss 0 e
MG
Finance and Internal Service Director Date
Received in Mayor's Office p
Mayor Date
4 J
Comments:
City Council Meeting of November 21 , 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
TO: Mayor Dan Coody
Fayetteville City Council
THROUGH: Gary Dumas, Operations Director
FROM : Tim Conklin, Planning and Development Management Director
DATE : November 3 , 2006
SUBJECT: An ordinance to attach and incorporate 1 ,419.30 acres into the City of
Fayetteville and assign such annexed territory to Ward 4 pursuant to
A.C.A. 14-40-303. Annexation ordinance - Election - Procedures.
RECOMMENDATION
Staff recommends approval of an ordinance to attach and incorporate 1 ,419.30 acres into
the City of Fayetteville and assign such annexed territory to Ward 4 pursuant to A.C.A.
14-40-303 . Annexation ordinance - Election - Procedures.
BACKGROUND
On October 10, 2006, the City of Fayetteville held a special election to regarding
annexing 1 ,419.30 acres into the City of Fayetteville. The "Certificate of Washington
County Board of Election Commissioners Ascertaining and Declaring Results of the City
of Fayetteville Election in Washington County, Arkansas" certified the following results:
ANNEXATION INTO THE CITY OF FAYETTEVILLE
FOR 1 ,415
AGAINST 756
BUDGETIMPACT
The current property tax millage impact is an additional 3. 1 mils for the City of
Fayetteville within the annexed area. The potential sales tax revenue is limited at this
time due to limited commercial activity in the proposed annexed area.
Oct -20-06 11 : 33AWashington Co . Elec Corrin 501 444 1766 P - 02
CERTIFICATE OF WASHINGTON COUNTY
BOARD OF ELECTION COMMISSIONERS
ASCERTAINING AND DECLARING RESULTS
OF THE CITY OF FAYETTEVILLE ELECTION
IN WASHINGTON COUNTY, ARKANSAS
(Amended 10-20-2006)
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
We, the undersigned members of the Board of Election Commissioners of
Washington County, Arkansas, do hereby certify the following Washington County
results in the OCTOBER 10, 2006 election nn the question of
ANNEXATION INTO THE CITY OF FAYE ITEVfLLL
FOR 1 ,15
AGAINST 756
Returns of the votes of the City of Fayetteville, Washington County, Arkansas have been
delivered by us to the Washington County Clerk.
We further certify that the polls were open from 7:30 A. M, until 7:30 P.M., that only the
duly appointed election officials made due returns of the votes cast, and that we have
canvassed the votes as required by law.
1N TESTIMONY WHEREOF, we have hereinto set our hands this 20th day of
01
October, 26. -
BOARD OF ELECTION COMMISSIONERS
WASHINGTON COUNTY, ARKANSAS
1 gan iairman
T I ember
Peter Loris, Mcmber
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY LEGAL DEPARTMENT
DEPARTMENTAL CORRESPONDENCE
TO: Dan Coody, Mayor
City Council
CC : Tim Conklin, Planning & Development Management Director
FROM: Kit Williams, City Attorney
DATE : November 69 2006
RE: Annexation finalization
Pursuant to A.C.A. § 14-40-303 (d):
"If the annexation is approved and becomes final, the
governing body of the city shall, by ordinance, as
soon as practical after the annexation, attach and
incorporate such annexed territory to and in one ( 1 ) or
more wards of the city lying adjacent thereto . . . ."
By my estimate, the annexation becomes final on November 17, 2006.
Therefore, City Council needs to approve the attached annexation ordinance
during its November 215` meeting.
ORDINANCE NO.
AN ORDINANCE TO ATTACH AND INCORPORATE
APPROXIMATELY 1 ,419.3 ACRES OF LAND INTO THE
CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE
PURSUANT TO THE ANNEXATION ELECTION OF
OCTOBER 10, 2006, ASSIGN ALL THIS TERRITORY TO
WARD FOUR AND TO ASSIGN THE ZONING DESIGNATION
OF R-A TO ALL PARCELS
WHEREAS, on June 20, 2006, by a vote of two-thirds of its members the City Council
passed Ordinance No. 4888 calling for an election to annex approximately 2,000 acres
contiguous to the City of Fayetteville or such acreage within the territories still legally available
for annexation at the time of the election; and
WHEREAS, Parcel C was annexed through island annexation procedures prior to the
election by the City of Farmington and most of Parcel B was annexed through island annexation
procedures by the City of Fayetteville prior to the election, leaving only Parcel A of about
1 ,419.3 acres to be decided by the annexation election of October 10, 2006; and
WHEREAS, on October 10, 2006, the electors of the City of Fayetteville and the lands
within Exhibit A voted 1 ,415 FOR the annexation and 756 AGAINST the annexation, so the
annexation passed; and
WHEREAS, the Washington County Clerk has properly certified the election results and
recorded them within seven days of the election and more than thirty (30) days have elapsed
since the filing with no election contest being filed so that now the annexation is final.
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
acknowledges the certified vote of the citizens to annex about 1 ,419.3 acres as described in
Exhibit A and shown by the map attached as Exhibit B. The City Council hereby annexes all of
this land, assigns it to Ward Four and zones it R-A, Residential Agricultural .
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the
official map of the City of Fayetteville to include the 1 ,419.3 acres described above.
Section 3 : That the City Council of the City of Fayetteville, Arkansas hereby amends its
zoning map in conformity with Section 1 above.
PASSED and APPROVED this 21St day of November, 2006.
APPROVED:
By:
DAN GOODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
WEST SIDE ANNEXATION (NOVEMBER 2006)
A part of Sections 8, 9, 10, 15, 16, 17 and 20, all within Township 16 North, Range 31 West,
Washington County, Arkansas, and being more particularly described as follows:
Beginning at the NE corner of the NE-NW-15-16-31 ;
Thence Southerly to the SE corner of the NE-NW-15-16-31 ;
Thence Westerly to the SW corner of the NE-NW-16-16-31 ;
Thence Southerly to the SE corner of the SW-SW-16-16-31 ;
Thence N 88° 12' 11 " W 357.41 feet; EXHIBIT
Thence N 88° 12' 12" W 243.53 feet;
Thence S 75° 55' 59" W 282.72 feet; /�
Thence S 65° 08' 19" W 233.2 feet; e ^
Thence N 83° 24' 43" W 218.68 feet;
Thence S 02° 23' 49" W 86.18 feet;
Thence S 85° 35' 11 " W 307.42 feet;
Thence S 85° 35' 12" W 307.94 feet;
Thence S 86° 02' 18" W 307.66 feet;
Thence S 76° 41 ' 36" W 317.55 feet;
Thence S 02° 18' 53" W 29.79 feet;
Thence S 81 ' 20' 27" W 309.07 feet;
Thence N 02° 18' 57" E 28.91 feet;
Thence S 69° 48' 29" W 166.43 feet;
Thence N 37° 10' 26" W 175.55 feet;
Thence N 29° 34' 28" W 76. 14 feet;
Thence N 15° 14' 14" W 83.02 feet;
Thence N 02° 59' 57" W 104.18 feet;
Thence N 02° 44' 06" E 244.98 feet;
Thence N 88° 15' 05" W 82.97 feet;
Thence N 02° 10' 21 " E 1283.34 feet;
Thence S 87° 14' 06" E 650.40 feet, to the SW corner of the NE-SE-17-16-31 ;
Thence Northerly to the SE corner of the SW-NE-17-16-31 ;
Thence N 870 24' 53" W 631 .72 feet;
Thence N 030 01 ' 07" E 1093.69 feet;
Thence N 030 01 ' 07" E 231 .03 feet;
Thence N 870 35' 37" W 691 .83 feet, to the SE corner of the NE-NW-17-16-31 ;
Thence Westerly to the SW corner of the NE-NW-17-16-31 ;
Thence Northerly to the NW corner of the NE-NW-17-16-31 ;
Thence Easterly to the SW corner of the SW-SE-8-16-31 ;
Thence N 020 38' 58" E 1115.58 feet;
Thence S 870 45' 35" E 1304.80 feet;
Thence N 020 31 ' 33" E 209.98 feet, to the SW corner of the NE-SE-8-16-31 ;
Thence Northerly to the NW corner of the NE-SE-8-16-31 ;
Thence Easterly to the NW corner of the NE-SE-9-16-31 ;
Thence S 87° 47' 35" E 506.32 feet;
Thence N 02° 19' 25' E 210.00 feet;
Thence S 870 40' 35" E 210.00 feet;
Thence N 020 19' 25" E 711 .00 feet;
Thence S 87° 40' 35" E 594.00 feet;
Thence N 02° 19' 24" E 403.44 feet; to the NW corner of the SW-NW-10-16-31 ;
Thence Easterly to the NE corner of the SW-NW-10-16-31 ;
Thence Northerly to the NW corner of the NE-NW-10-16-31 ;
Thence S 87° 54' 23" E 662.49 feet;
Thence S 020 33' 40" W 1094.55 feet;
Thence S 020 00' 01 " W 226.54 feet;
Thence S 880 00' 23" E 667.00 feet,
Thence N 020 27' 55" E 34.52 feet;
Thence S 87" 52' 34" E 659.92 feet;
Thence S 020 28' 07" W 591 .27 feet;
Thence S 020 27' 58" W 94.22 feet;
Thence S 020 25' 02" W 3310.46 feet;
Thence N 870 57' 35" W 184.36 feet;
Thence N 170 05' 57" W 32.8 feet;
Thence N 410 18' 37" W 112.77 feet;
Thence N 38° 39' 04" W 55.87 feet;
Thence N 380 39' 03" W 65.31 feet;
Thence N 570 21 ' 02" W 69.84 feet;
Thence N 250 29' 06" W 114.53 feet;
Thence N 870 57' 34" W 198.00 feet;
Thence S 020 04' 40" W 342.00 feet,
To the Point of Beginning and containing 1 ,419.30 acres, more or less.
ORDINANCE NO. 4888
AN ORDINANCE CALLING AN ELECTION TO
DETERMINE WHETHER APPROXIMATELY 2,000 ACRES
CONTIGUOUS TO THE WESTERN CITY LIMITS.
SHOULD BE ANNEXED INTO FAYETTEVILLE
WHEREAS, the hereinafter described territory is contiguous to the City of
Fayetteville and is necessary for the orderly growth of Fayetteville; and
WHEREAS, the lands platted and held for sale or use as municipal lots or held to
be sold as suburban property, represent the actual growth of the municipality beyond
its legal boundary; and
WHEREAS, the lands are needed for proper municipal purposes; and
WHEREAS, the lands are valuable by reason of their adaptability for prospective
municipal uses; and
WHEREAS, the fair market value of the lands proposed to be annexed is greater
than lands used only for agricultural or horticultural purposes, and the highest and best
uses of the lands is not for agricultural or horticultural purposes; and
WHEREAS, the proposed annexed lands.meet all the statutory requirements for
annexation set forth in A.C.A. § 14-40-302:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETFEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
submits to the qualified electors of the City of Fayetteville, Arkansas, and to the
qualified electors residing within the proposed lands to be annexed, the question of
annexation of the following described lands into the City of Fayetteville:
See Exhibits "A", "B" and "C" attached hereto and made a part hereof.
Please also see Exhibit "D" which is a map of the areas proposed to be annexed which is
also attached
and made a part hereof.
The total
net acreage of all sections annexed
herewith and
referred to hereinabove is
about 2,017
acres.
Section 2: The question of annexation of the territory described above in Section
1 shall be submitted to the electors qualified to vote on this issue at a Special Election to
be held on Tuesday, the 10th day of October, 2006. The City Clerk shall immediately
notify the County Election Commission by forwarding a certified copy of this
ordinance.
Section 3: If at such election a majority of the qualified electors voting in such
election shall vote for such annexation, the municipality shall proceed to file a
description and map of the annexed area with the County Clerk of Washington County
and with the Secretary of State. The annexation shall be included within the corporate
limits of the City of Fayetteville thirty (30) days following the filing of the description
and map with the County Clerk, or in the event an action is filed with the circuit court,
on the date the judgment of said court becomes final. If a majority of the qualified
electors voting on the issue at the election vote against the annexation, the annexation
ordinance shall be null and void.
Section 4:
If the
annexation is approved and becomes final,
the . following
services shall be
extended
to the area within three (3) years or less:
Trash service
Police protection
Fire protection (fire department, fire flows where available)
Fire Department as first responders
Sewer service if available - any extensions of public or private lines
to serve these' areas will be the responsibility of the property
owner/developer
Curbside recycling and yard waste pick up
Zoning and development regulation protections
Section 5: The ballots used at said election on the question of annexation shall be
marked as follows:
❑ FOR annexation into the City of Fayetteville of the
territory described in Ordinance No. 4888.
❑ AGAINST annexation into the City of Fayetteville of the
territory described in Ordinance No. 4888.
Section 6: If any of the property identified for annexation by Exhibits A, B, C,
and D is no longer legally available for annexation at the time of election this ordinance
and the ballot shall refer only to the remaining legally annexable area.
PASSED and APPROVED this 20th day of June, 2006.
: FAYEfTEVILLE:
APPROVED:
By:
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT A .
DESCRJVUON 1:
A part of Sections 8, 9, 10, 15, 16, 17 and 20, all within Township 16 North, Range 31 West, Washington
County, Arkansas, and being more particularly described as follows:
Beginning at the NE corner of the NE -NW -15-16-31;
Thence Southerly to the SE corner of the NE -NW -15-16-31;
Thence Westerly to the SW corner of the NE -NW -15-1631;
Thence Southerly to the SE comer of the SW -NW -15-16-31;
Thence Westerly to the SW corner of the SE -NE -16-16-31;
Thence Northerly to the SE comer of the NW -NE -16-16-31;
Thence Westerly to the SW corner of the NE -NW -16-1631;
Thence Southerly to the SE corner of the SW -SW -16-16-31;
Thence N 88° 12' 11" W 357.41 feet,,
Thence N 88° 12' 12" W 243.53 feet;
Thence S 75° 55' 59" W 282.72 feet;
Thence S 65° 08' 19" W 233.2 feet;
Thence N 83° 24' 43" W 218.68 feet;
Thence S 02° 23' 49" W 86.18 feet;
Thence S 85° 35' 11" W 307.42 feet;
Thence S 85° 35' 12" W 307.94 feet;
Thence S 86° 02' 18" W 307.66 feet;
Thence S 76° 41' 36" W 317.55 feet;
Thence S 02° 18' 53" W 29.79 feet;
Thence S 81° 20' 27" W 309.07 feet;
Thence N 02° 18' 57" E 28.91 feet;
Thence S 69° 48' 29" W 166.43 feet;
Thence N 37° 10' 26" W 175.55 feet;
Thence N 29° 34' 28" W 76.14 feet;
Thence N 15° 14' 14" W 83.02 feet;
Thence N 02° 59' 57" W 104.18 feet;
Thence N 02° 44' 06" E 244.98 feet;
Thence N 88° 15' 05" W 82.97 feet;
Thence N 02° 10' 21" E 1283.34 feet;
Thence S 87° 14' 06" E 650.40 feet, to the SW comer of the NE -SE -17-16-31;
Thence Northerly to the SE corner of the SW -NE -17-16-31;
Thence N 87° 24' 53" W 631.72 feet;
Thence N 03° 01' 07" E 1093.69 feet;
Thence N 03° 01' 07" E 231.03 feet;
Thence N 87° 35' 37" W 691.83 feet, to the SE corner of the NE -NW -17-16-31;
Thence Westerly to the SW comer of the NE -NW -17-16-31;
Thence Northerly to the NW corner of the NE -NW -17-16-31;
Thence Easterly to the SW corner of the SW -SE -8-16-31;
Thence N02° 38' 58" E 1115.58 feet;
Thence S 87° 45' 35" E 1304.80 feet;
Thence N 02° 31' 33" E 209.98 feet, to the SW corner of the NE -SE -8-16-31;
Thence Northerly to the NW corner of the NE -SE -8-16-31;
Thence Easterly to the NW corner of the NE -SE -9-16-31;
Thence S 87° 47' 35" E 506.32 feet,
Thence N 02° 19' 25' E 210.00 feet;
Thence S 87° 40' 35" E 210.00 feet;
Thence N 02° 19' 25" E 711.00 feet;
Thence S 87° 40' 35" E 594.00 feet;
Thence N 02° 19' 24" E 403.44 feet; to the NW corner of the SW -NW -10-16-31;
Thence Easterly to the NE corner of the SW -NW -10-16-31;
Thence Northerly to the NW comer of the NE -NW -10-16.31;
Thence S 87° 54' 23" E 662.49 feet;
Thence S 02° 33' 40" W 1094.55 feet;
Thence S 02° 00' 01" W 226.54 feet;
Thence 588° 00' 23" E 667.00 feet;
Thence N 02° 27' 55" E 34.52 feet;
Thence S 87° 52' 34" E 659.92 feet;
Thence S 02° 28' 07" W 591.27 feet;
Thence 302° 27' 58" W 94.22 feet;
Thence S 02° 25' 02" W 3310.46 feet;
Thence N 87'57 35" W 184.36 feet;
Thence N 17° 05' 57" W 32.8 feet;
Thence N 41° 18' 37" W 112.77 feet;
Thence N 38° 39' 04" W 55.87 feet;
Thence N 38° 39' 03" W 65.31 feet;
Thence 57° 21' 02" W 69.84 feet;
Thence N 25° 29' 06" W 114.53 feet;
Thence N 87° 57' 34" W 198.00 feet;
Thence S 02° 04' 40" W 342.00 feet,
To the Point of Beginning and containing 1,499.80 acres, more or less..
EXHIBIT B
DESCRIPTION 2:
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:
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 661.59 feet;
Thence N 87° 36' 00" W 661.32 feet;
Thence N 02° 35' 19" E 630.16 feet;
Thence N 88° (JO' 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 Southerly to the SE comer of the NW -NW -23-16-31;
Thence Westerly to the SW comer of the NW -NW -23-16-31;
Thence N 88° 00' 26" W 269.64 feet;
Thence N 02° 22' 19" E 177.38 feet;
Thence N 88° 00' 25" W 528.06 feet;
Thence N 02° 21' 13" E 15.00 feet;
Thence 988° 07' 35" E 291.78 feet;
Thence N 01° 52' 25" E 150.00 feet;
Thence N 87° 54' 34" W 290.52 feet;
Thence S 02° 21' 07" W 343.49 feet;
Thence N 88° 00' 25" W 528.00 feet, to the SW comer of the NE -NE -22-1631;
Thence Northerly to the SE corner of the SW -SE -15-16-31;
Thence N 88° 10' 52" W 634.49 feet;
Thence N 02° 31' 09" E 196.86 feet;
Thence N 68° 4T 48" E 641.04 feet;
Thence N 68° 47 48" E 51.96 feet;
Thence N 02° 31' 08" E 858.00 feet, to the SW corner of the NE -SE -15-16-31;
Thence Northerly to the SE corner of the SW -NE -15-16-31;
Thence Westerly to the SW cornerof the SW -NE -15-16-31;
Thence N 02° 38' 07" E 1024.77 feet
Thence S 87° 50' 01" E 1328.58 feet;
Thence N 02° 41' 31" E 292.53 feet;
Thence N 020 31' 48" E 999.24 feet;
Thence 588° 00' 29" E 376.18 feet;
Thence S 02° 25' 42" W 165.64 feet;
Thence 588° 00' 29" E 948.26 feet;
Thence S 02° 39' 20" W 161.71 feet;
Thence N 88° 20'14" W 1279.93 feet;
Thence S 02° 27 01" W 329.38 feet;
Thence 588° 16' 00" E 1278.73 feet;
Thence S 02° 39' 19" W 302.10 feet;
Thence S 87° 38' 05" E 990.63 feet;
Thence N 02° 37 05" E 236.24 feet;
Thence S 87° 35' 38" E 825.49 feet;
Thence N 02° 54' 56" E 146.47 feet;
Thence S 87° 46' 26" E 823.53 feet;
Thence S 02° 35' 16" W 412.10 feet, to the NE comer of the SE -NW -14-16-31;
Thence Southerly to the Point of Beginning and containing 476.25 acres, more or less.
EXHIBIT C
DESCRIFFION 3:
The Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section 23, Township 16 North,
Range 31 West, Washington County, Arkansas, containing 40.67 acres, more or less.
Li
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(11.20.06) Clarice Pearman - Annexation Election Page 1
From: Sondra Smith
To: Pearman, Clarice
Date: 11.14.06 6:16 PM
Subject: Annexation Election
Attachments: Sondra Smith.vcf
Welcome back Clarice!
When we send the information on annexations to the State we need to make sure we send the legal description attached to
/the ordinance that will be approved on November 21; 2006 and not the legal description that was attached at the time the
annexation was approved to call for the election. The legal description changed before actually being voting on by the
n citizens therefore the correct legal is attached to the ordinance that will be passed on November 21, 2006. Let me know if
/) U1 you have any questions.
Sondra Smith
City Clerk
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
(479) 575-8323
(479) 718-7695 (Fax)
ssmith@ci.fayetteville.ar.us
(12.8.06) Clarice Pearman - Ord. 4949 Page 1
From: Clarice Pearman
To: Conklin, Tim
Date: 12.8.06 11:56 AM
Subject: Ord. 4949
Attachments: 4949 Exhibit B -map for October 10th Annexation.pdf; 4949 Annexed Land Assig
nments.pdf
CC: Audit
Tim:
Attached is a copy of the above ordinance passed by City Council November 21, 2006. The mayor has been out and I've
finally got signatures and processed ordinances and resolutions to return. I will also file this ordinance with the county
clerk's office. Thank you for your patience and sorry for the inconvenience. Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearrnari@ci.fayettevifle.ar.us
7
NORTHWEST ARKANSAS EDITION''
•
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that lam 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 4949
Was inserted in the Regular Editions:
December 8, 2006
Publication Charge: $158.25
Subscribed and sworn to before me
This g day of Q(�Q Pk r� 2006.
Notary Public C
My Commission Expires: Sharlene D. Williams
Notary Public
State of Arkansas
My Commission Expires
October 18, 2014
RECEIVED
DEC 14 2006
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
ORDINANCE TO ATTACH AND
PURSUANT TO THE ANNEXATION ELEC-
= OCTOBER 10. 2006, ASSIGN ALL THIS
RY TO WARD FOUR AND TO ASSIGN THE
DESIGNATION OF R -A TO ALL PARCELS
S e evi le
Y ARKANSAS
on June 20, 20(16. by a vote of two-thirds of its members the City Council passes
• 4888 calling for an election to annex approximately 2.000 acres contiguous to the City
or such acreage wilMn the territories still legally available for annexation at the time Of
Me election'. and
WHEREAS, Parcel C was annexed through Island annexation procedures poor to Me election by
the City of Farmington and most of Parcel B was annexed through island annexation procedures by
the City of Fayetteville prior to the electron, leaving any Parcel A of about 1,419.3 acres to be decid-
ed by the annexation election of October 10, 2006; and
WHEREAS, on October 10. 2006, Me electors of the City of Fayetteville and the lands within Exhibit
A voted 1,415 FOR the annexation and 756 AGAINST the annexation, so the annexation passed; and
WHEREAS, the Washington County Clerk has properly certified the election results and recorded
them within seven days of the election and more than thirty (30) days have elapsed since the filing
with no election contest heinq filed so that now the annexation is final
NOW, THEREFORE, BE IT ORDAINED SY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLEr ARKANSAS:
Section 1. That the City Council of Me City of Fayetteville. Arkansas hereby acknowledges the cer
tried vote of the citizens to annex about 1,419.3 acre, as described in Exhibit A and shown by the
map attached as Exhibit B. The City Council hereby annexes all of this land, assigns it toward Four
and zones it R -A, Residential Agriculture].
Section 2'. That Me City Council of the City of Fayetteville, Arkansas hereby amends the of icial map
of Me City of Fayetteville to include the 1,419.3 acres described above.
Section 3: That the City Council of the City of Fayettevih. Arkansas hereby amends its zoning map
in conformity with Section 1 above.
all APPROVED this 21st day of Norember. 2006.
ATTEST:
BY
SONORA SMITH, City Chart
Exhibit A
WEST SIDE ANNEXATION (NOVEMBER 2006)
A part of Sections B. 9, 10, 15, 16. 17 and 20, all within Township 16 North, Range 31 West.
Washington County. Arkansas, and being more pertcuIary described as fdlows:
Beginning at the NE corner of Me NE -NW -15-16-31; Thence Southerly to the SE corner of the NE -
NW -15-16-31; Thence Westerly to the SW corner of the NE -NW -16-16-31; Thence Southerly to the
SE corner of the SW -SW -16-16-31: Thence N 88° 12' 11' W 35741 feet, Thence N 88° 12' 12' W
243.53 feet: Thence $ 750 55' 59" W 282.72 feet; Theme 565° 08 19' W 233.2 feet Thence N 83°
24' 43' W 218.68 feet: Thence 502° 23 49' W 86.18 fret Thence S 85° 35' 11' W 307.42 feet
Thence S 85° 35'17W 307.94 feet. Thence S 86° 02 18' W 307.66 feet. Thence S 76° 41' 36' W
317.55 feet Thence S 02° 18 53' W 29.79 feet: Thence S 81° 20 27' W 309.07 feet; Thence NO?
18' 57' E 28.91 feet, Thence S 69° 48' 29' W 166.43 feet: Thence N 37° t0' 267 W 175.55 feet
Thence N 29° 342W W 76.14 feet: Thence N 15° 1414" W 83.02 ten; Theme N 02° 59' 5T W
104.181"; Theme N 02° 44' 06' E 244.98 Met; Thence N B8° 15' 05' W 82.97 feet ThenceNO2
02`
10' 21' E 1283.34 feet, Thence S 87° 14' 06' E 650.40 f", to Me SW corner of the NE -SE -17-16-31
Thence Northerly to the SE corner of the 31V -NE -174631; Thence N 87° 24' 53' W 63172 feet
Thence N 03° 01' 0T E 1093.69 fen, Theme N 03° 01' or E 231.03 fen; Thence N 8T 35' 37' W
691.83 feel. to Me SE earner of the NE -NW -17-16-31; Thence Westerly to the SW corner of the NE -
NW -17-16-31; Thence Northerly lathe NW corner of the NE -NW -17-16-31; Thence Easterly to the SW
corner of the SW -SE -B-16-31: Thence N 07 38' 58' E 1115.58 feel Thence S 87° 45' 35' E 1304.80
teat Thence N 02° 31' 33' E 209.981", to Me SW corner of the NE -SE -8-16-31; Thence Northerly
to the NW corner of the NE -SE -8-16-31: Thence Easterly to the NW corner of the NE -SE -9-16-31;
Thence S e7° 47' 35' E 506.32 feet Theme N 02° 19' 25 E 210.00 feel: Thence $ 87° 40' 35' E
210.00 feet; Thence N 02° 19' 25' E 711.00 feet; Theme S 87° 40' 35' E 594.00 feet Thence NO?
19' 24' E 40344 feet; to therm caller of the SW -NN -1016-31; Thence Easterly to Me NE comer
of the SW -NW -10-16-31: Thence Northerly to therm corner of the NE -NW -10-16-31; Thence S 87°
54' 23' E 662.49 feet. Theme 502° 33' 40' W 1094.55 feet: Thence S 02° 00'0Y W 226.54 f";
Thence S 88° 00' 23' E 667.00 feet, Thane N 02° 27' 55' E 34.52 1"; Thence S 87° 52' 34' E
659.92 f": Thence 502° 2807' W 591.27 feet; Theme S 02° 27' 58" W 94.22 feet: Theme S 02°
25' 02' W 3310.46 f"; Thence N 87° 57' 35" W 184.36 feet Thence N 17° 05' 57' W 32.8 f":
Thence N 41° 18' 37' W 112.77 feel, Theme N 38° 39' 04' W 55.87 f"; Thence N 38° 39 03' W
65.31 t"; Thence N 57° 21' 0Y W 69.84 f"; Thence N 25° 29' 06' W 114.53 fear Thence N 87°
57' 34' W 198.00 fen: Thence S 02° 04 40' W 342.00 feel, To the Point of Beginning and contain-
ing 1419.30 acres, more or less
'Exhibit B is map and may be viewed in the city clerk's office during normal business hours.'
RECFI VFD
DEC 14 2006
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE