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Home My WebLink AboutOrdinance 5037 Doc ID : 011432580003 Tvoe . REL Fe00Ardemta 825/00/Pane Itof33 0 : 09 PM Vashlnoton County . AR Bette Stamos Circuit Clerk F11e200740030177 Ca v L C v ORDINANCE NO. 5037 v AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 07-2620 (CC2007-03), FOR PROPERTY LOCATED AT 3845 SKILLERN ROAD, CONTAINING APPROXIMATELY 3 .00 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 as shown on the map attached as Exhibit "A" and property described in 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. Three. ,G��awrReys,, PASSED and APPROVED this 17th of July, 2007. 01 Y O,c• Gpo- APPROVED: ATTEST: _ ; FAYETTEVILLE: Caw -F roty °�`�� By: By: + DAN COODY, Mayor SONDRA SMITH, City Clerk/ Treasurer L_r• Am �s NKss t Olrra5 ^2 S a ` P Es > •_� � r � 1 its ,a„ 7t > — � v�+ Lt rt `r r t ., r r e� 1 11 1 1 . EXHIBIT `B" ANX 07-2620 PART OF THE NE1 /4 OF THE SEI/4 OF SECTION 31 , T17N, R29W OF WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS : BEGINNING AT THE NE CORNER OF SAID NEI /4, SETA THENCE S00045' 10"E 395.04 FEET, THENCE S89031102"W 330.80 FEET, THENCE N00043'239W 395 .04 FEET, THENCE N89031 '02"E 330.63 FEET TO THE P.O.B. ; CONTAINING 3 .00 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. Washington County, AR I certify this instrument was filed on 08/03/2007 03:00:09 PM and recorded in Real Estate File Number 2007-00030177 Bette Stamps - Circuit CIr by .A&visas Democrat W(wette Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571 -6415 AFFIDAVIT OF PUBLICATION I , Kate MacNaughton, do solemnly swear that I am the 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 City of Fayetteville: Ordinance No, 5037 Was inserted in the Regular Editions on: July 26, 2007 Publication Charge: $73 . 85 Subscribed and sworn to before me Thisday of 2007. CZC fiv� Notary Public da�w� � My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ua """""""'j RECEIVED " ARCO JUL 2112007 . _ . . . . . .. . -Arkansas i CIA C�U ` ' Y CIN OF FAYETTEVILLE CITY THURSDAY, JULY 26A 2007, - power Mo. iicTEJD Z AN ORDINANCE, PROPERTY /� - PN ANE 07- C 2620 (CC2007-03). FOR PROPERGTEO AT SINS 3KILLEM ROAD, CONTAAPPROXI- VARIMAS MATELY 3 0 ACRES. op 1N6 Wy OF MVErMVMItMIMiI Swfion 1: Tile[dm City CmncA hcOr* mthe WrMOM totha IbV of vo A karea. d Me ae siw m the mep suadExhibit A• and 71W" dA1dIIbeE Ott•B' almchad homw and made a Pan 1`0101. SwW 2: That " o„ City of FayattexMa. Adurreae. is Woby amended toon reaeot SectlorMi 3 theTllel nge �W wnlnof the City of FaindlwBa. MdWM b tmaby anatnded M eeatprl dr Wng dnlyNdon of aeidanaat AWiVA el 10 OW aublat?�. SecBon 4: That the ab&m'deearmPerty is hereby assWod to Ward MMY and ApprAMM thiof July, 2007. APPROMFD: ATTEST: MR r� � R' a1M OIr1dRMarM ExNbh A Is a map and may be WowedIn the alaoe of the coy deMheacuno duff norMw buainees haat - EXHIBIT •B• ANX 07-2820 OF WASHINGTON AWA" AND BEING DESCRItBED 14 MORE PARTICU OF SECTION 31, TtARLY AASSFFOLLOWS: BEGIN ININGC AT THE H plya3'23W 385.04 FFEETMCE �T. TTHHENNCCE NW 1�E �THENCE 1 OTM 3.ODACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY P.O.l.; COfJTAIM11f1 OFd!'CORD. , RECE=IVED JUL 2 ;? 2007 CITY OF FAY ETTEVILLE CITY CLERICS OFFICE � 2 City of Fayetteville Staff Review Forma City Council Agenda Items 7 or Contracts � r � rQ � l 17-Jul-07 City Council Meeting Date Jeremy Patel Planning Operations Submitted By Division Department Action Required: ANX 07-2620 (Keenan, 295): Submitted by Jorgensen and Associates for.property located at 3845 Skillern Road. The property is in the Planning Area and contains approximately 3 .00 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 nla Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Department libirector Date Original Contract Date: n/a Original Contract Number: n/a 2 - 67 City fiiiorney Received in City ENTERED Wnf 0 po _ Uerk's e 41 L 7- z -67 Finance and Internal Service Director Date Received in Mayor's Office 4 2 / Y/A 7 a n7l I Mayr Date Comments: City Council Meeting of July 17, 2007 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: June 28, 2007 Subject: Annexation for Keenan (ANX 07-2620) RECOMMENDATION Planning staff recommended and the Planning Commission voted in favor of annexing the subject 3 .00-acre property at 3845 Skillern Road into the City. BACKGROUND The property under review consists of 3 .00 acres at 3845 Skillern Road. The property contains one residential structure. The applicant is requesting this property to be annexed into the City. The property is bordered by rural residential uses in the Planning Area to the north, south, and east, and the un-platted Crestmont Estates subdivision to the west in the City. DISCUSSION This item was heard at the regular Planning Commission meeting on June 25, 2007. The Planning Commission voted 8-0-0 to recommend approval of this annexation request to the City Council. No public comment was received. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN ANNEXATION PETITION ANX 07-2620 (CC2007-03), FOR PROPERTY LOCATED AT 3845 SKILLERN ROAD, CONTAINING APPROXIMATELY 3.00 ACRES 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 confirms the annexation to the City of Fayetteville of that property described in Exhibit "B" as shown on the map (Exhibit A) 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. Three. PASSED and APPROVED this 17`h day of July, 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer 1�c z r cre- S 1 ttxt E: k - L Vwv,111 31F \ EXHIBIT `B" ANX 07-2620 PART OF THE NEI/4 OF THE SEI/4 OF SECTION 31 , TI 7N, R29W OF WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS : BEGINNING AT THE NE CORNER OF SAID NEI/4, SEI/4 THENCE S00045'10"E 395.04 FEET, THENCE S8903110211W 330.80 FEET, THENCE N00043123"W 395 .04 FEET, THENCE N89031102"E 330.63 FEET TO THE P.O.B.; CONTAINING 3 .00 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. • Taye PC Meeting of June 25, 2007 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: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: Updated June 26, 2007 ANX 07-2620: Annexation (KEENAN, 295): Submitted by JORGENSEN & ASSOC for property located at 3845 SKILLERN ROAD. The property is in the Planning Area and contains approximately 3.00 acres. The request is to annex the subject property into the City of Fayetteville. Property Owner: James Keenan Planner: Andrew Gamer RECOMMENDATION: Staff recommends approval of the requested annexation of 3.00 acres into the City of Fayetteville based on the findings herein. Incorporation of this property into the City of Fayetteville will establish zoning regulations and ensure compliance with ordinance regulations at the time of development. 2 V 41y c YYYYY . BACKGROUND: Property description: The subject property contains one parcel of property containing 3 .00 acres. The property is located at 3845 Skillern Road, just east of the recently constructed Crestmont Estates Subdivision, which has had infrastructure installed, but has not been final platted. Property north, south, and east of the subject property consists of rural residential land uses and is in the Planning Area. There is one house on the property and two houses adjacent to the south currently accessed through a private drive on thero ert . P P Y K.IReports120071PCReporuIO6-15-071ANX 07-1610 (Keenan).doe Proposal: The applicant proposes annexation of 3.00 acres into the City of Fayetteville. Public Comment: Staff has received no public comment concerning the requested annexation. Recommendation: Staff recommends the incorporation of this property into the City of Fayetteville. Incorporation of this property will create an acceptable city boundary and ensure that development of the property is compliant with City regulations within an appropriate zoning district. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North, South, and East Rural Residential Planning Area West Crestmont Estates RSFA Residential Single-Family Four Subdivision (un-platted) Units/Acre INFRASTRUCTURE: Streets: The site has access to Skillem Road, a Minor Arterial Street, which is currently an unimproved two-lane road. Street improvements to Skillem Road will be evaluated at the time of development. Water: An 8" distribution main waterline is located adjacent to the northwest comer of the site on Skillem Road. Sewer: The site has access to public sewer lines in the adjacent Crestmont Estates subdivision to the west. Fire: The subject property is located approximately less than 1 mile from Fire Station #5 at the southwest corner of Crossover Road and Township Road, which will be opening in July 2007. Response time to the property is acceptable and above the City's goal of having the first unit on the scene within 6 minutes, 90% of the time, and the City's goal of assembling all responding units to the scene of a moderate risk assignment within 10 minutes, 90% of the time. There should be no adverse effects on call volume. Police: It is the opinion of the Fayetteville Police Department that this annexation will not substantially alter the population density and thereby undesirably increase the load on police services or create an appreciable increase in traffic danger and congestion in the area. LAND USE PLAN: City Plan 2025 identifies the portion of this property within the Planning Area as Residential Neighborhood Area. K:IReports120071PCReports106-25-071ANX07-2610 (Keenan).doc FINDINGS: 12.3.4 POTENTIAL ANNEXATION AREAS The potential annexation areas should be identified by the City using the following criteria: 1. Areas that are already urban in character. Finding: The subject property is not urban in character, although there are suburban single-family residential homes to the west in the Savannah Estates Subdivision, and the Crestmont Estates Subdivision has had infrastructure recently installed adjacent to the west. Essential public services are available to the site. 2. Areas that can be developed at urban densities. Finding: Densities that characterize an urban area do not characterize the property; however, infrastructure to support suburban residential development on the property are present. The adjacent property to the west is zoned RSF-4 and is approved for an 11 -lot subdivision on 4.88 acres, a density of 2.55 units per acre. The Savannah Estates Subdivision further to the west is developed at a slightly higher density. Adjacent property within the county to the north, south, and east would not allow for more than one residential unit per acre. These densities cannot support a complete, compact and connected urban development pattern. It is unlikely that the property can be developed at urban densities at this time and be compatible with surrounding properties, however it is appropriate to be developed at suburban densities. 3. Immediate areas are those that are peninsulas or islands, where municipal services have already been extended. Finding: The city currently provides water service to the northwest corner of this property along Skillern Road, and provides sewer service to the adjacent single- family lots. This property is within this area of service, although the property does not currently have direct access to public sewer service. The City's Police and Fire Departments service properties on Skillern Road. 4. Areas where urban services are already provided. Finding: Urban services are provided to residences along Skillern Road in this general area. 5. Areas where urban services are needed. Finding: As stated in Finding No. 4 above, urban services are provided to the residences in the immediate vicinity. Sewer facilities would have to be extended to this K: IReporat20071PC Reporis106-25-07ONX 07-2620 (Keenan)doc property at the time of development. Comments from the fire department and police department are included in this staff report and do not discuss a need for improved service. 12.3.5 ANNEXATION GUIDING POLICIES BOUNDARIES 12.3.5.a Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. Finding: Annexation of the property would result in property that is surrounded on three sides by unincorporated County; however, this configuration will not create a peninsula that would result in adverse impacts to the provisions of City services, or create an undesirable City boundary. The proposed annexation would not extend further east than the Covington Park Subdivision less than one -quarter mile to the south, and is currently served by adequate public services. The proposed annexation would encourage property to the south to be annexed, filling in a gap of unincorporated land and making for a more logical boundary. 12.3.5.b Proposed annexation area must be adjacent, or contiguous, to city limits. Finding: The proposed annexation area is adjacent to the city limits to the west. 12.3.5.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: The annexation of this property would neither include nor exclude subdivisions/neighborhoods. 12.3.5.d Boundaries for annexed areas should follow natural corridors. Finding: The proposed annexation boundary follows property lines of the existing parcel which generally follows fencerows and tree -lines. 12.3.5.e The provision of services should be concurrent with development Finding: Annexation of the property as currently developed will not place an additional burden on the services within the area. Should this property remain in the Planning Area, the property could be developed with a minimum one -acre single family lots with septic systems, city water, and streets constructed to city standards. Incorporation of the property into the City of Fayetteville will ensure that the property is zoned such that it is compatible with surrounding properties, and development is in accordance with all city regulations, and would provide the opportunity to connect to City sewer. K-IReporls120071PC Reports 106-25-071ANX 07-2620 (Keenan).doc ENVIRONMENTALLY SENSITIVE AREAS 12.3.5. f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Finding: The property totals three acres and has one house with a very large yard/pasture and trees along the fence lines. No information has been presented to designate the subject property environmentally sensitive. EMERGENCY AND PUBLIC SERVICES 12.3.5.g Public services must be able to be provided efficiently in newly annexed areas. Finding: Water service is currently available to the site on Skillet -n Road, and sewer service is available through the un-platted subdivision to the west. Annexation of the property and a zoning of RSF-4 is compatible with the adjacent property to the west and would not necessitate significant improvements to public services in this area. The City Fire and Police Departments determined that this annexation would not result in adverse impacts. 12.3.5.h Annexed areas should receive the same level of service ofareas already in the city limits. Finding: This property is located in an area surrounded on the west by city limits. A general suburban development pattern occurs to the west in the City, with a more rural residential development pattern occurring in the surrounding property in the County, generally to the east. The annexation of property with a zoning of RSF-4 will not result in significant increase of demand on emergency and public services. 12.3.5.1 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 12.3.5.j Areas currently served by utilities and other public services should be annexed. Finding: Water, fire and police protection are currently provided in the surrounding areas, and sewer service is provided to the property in the City to the west. KARepom 120071PC Reponsl06-25-07UNX 07-2620 (Keenan).doc 12.3.5.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. Finding: Annexation and future development of this property will not result in an increased demand on the existing infrastructure systems. As stated in the previous findings throughout this report, water is currently available to the site, and sewer service would be available with an extension of the sewer lines through the un-platted subdivision to the west. Upgrading of utilities to meet demands of development on this property is not anticipated. 12.3.5.1 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 12.3.5_m Promote long-range planning with adjacent jurisdictions. Finding: N/A 12.3.5.n Establish agreements to address regional concerns, such as water, stormwater and sewer. Finding: N/A ADMINISTRATION OF ANNEXATIONS 12.3.5.0 Develop a land use plan for annexation initiated by the city. 12.3.5.p Designate zoning districts for the property during the annexation process. Finding: Annexations are automatically zoned R -A, Residential Agricultural. The property owners request annexation with rezoning to RSF-4. Density and development on this property under the RSF-4 requirements would be compatible with the existing surrounding development patterns. 12.3.5.q 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. These studies have been incorporated into the findings in this report. K:IReports 120071PC Reports106-25-071ANX 07-1610 (Keenan).doc 12.3.5.r Development proposals require a separate review from the annexation proposals. Finding: The applicant has proposed a lot split on this property. This lot split has been tabled at the applicant's request pending the outcome of the annexation and rezoning. The lot split would subdivide the three -acre parcel into two parcels, creating a tandem lot. This request would require conditional use approval by the Planning Commission if the property is annexed into the City. This lot split and conditional use permit is covered under a separate review from the annexation. 12.3.5.s 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 published in a local newspaper prior to the Planning Commission meeting for which this item is scheduled. 12.3.5.t Encourage larger annexations to create acceptable boundaries. Finding: It would be preferred for the two parcels adjacent to the south to be included in this annexation request in order to completely fill in a gap of unincorporated property. However, extending the city boundary as proposed would create an acceptable city boundary as discussed in Finding No. 12.3.5.a. 12.3.5.0 Conduct a fiscal impact assessments on large annexations. Finding: No fiscal impact assessment was conducted for this annexation of 3.00 acres. June20, 2007 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansaw72lbl' r'�` , , 3c ~ Dear Directork�ate, �..._ This document z respons :tp lteSt fsar `f Wftetbd thi , rstposed At1[texation AI*I %O7 2t21Jb( E M1 ~ `3 3 2J ICI IV i> 295) submitted by 7O1{ 13 �I*f is O� i3t� , 4 S> fi ≥3i�N t)AD would substantially at�tl}j3tlAfLd tb y In�rense the load - on public services;or t reatpb'ttr ggt aid traffic.; congestion. , ar ft is the opinion oMie �> ! l J „4 atiQn and ezoning will not•substat<taai!}tatirr rbty increase the load on police set Vi or 4c fie and � re x� gar and congestion in the area. ;= x Sincere) IiA ._}.-�xS r. 1 Captain WilliamBrowti Fayetteville Police Department rA\ TTEVILLE POLICE DEPARTMENT 100*:WEST ROCK STREET F`AyETTEVILLE, ARKANSAS 72701 i JVERIES).POLICE: 100-A WESTROCK 72701 PHONE 479.587.3555 FAX:•479.587.352E Andrew Gamer - Re: Rezonin2 and Anne {ion for Keenan (ANX 07-2620; RZN 07-2P4U Page 1 1 lZE DE PNUV \E N T From: Dale Riggins To: Garner, Andrew Date: 6/19/07 7:10AM Subject: Re: Rezoning and Annexation for Keenan (ANX 07-2620; RZN 07-2621) Andrew, We really will not have any comments other than the standard comments about annexiations and rezonings. This is less than I mile away from the new station 5 which will open in July. If you need this in a memo type comment, just let me know. Thanks >>> Andrew Garner 06/18/07 3:08 PM >>> Rezoning guys: I don't remember if I sent this item for your review and comment, but I'm drafting a Planning Commission report by Wednesday 06/20/07. Please review and provide comments back to me in the next day or so. Sorry for the short notice and feel free to give me a call with any questions. Thanks, Andrew 10. ANX 07-2620: Annexation (KEENAN, 295): Submitted by JORGENSEN & ASSOC for property located at 3845 SKILLERN ROAD. The property is in the Planning Area and contains, approximately 3.00 acres. The request is to annex the subject property into the City of Fayetteville. Planner: Andrew Garner 11. RZN 07-2621: Rezoning (KEENAN, 295): Submitted by JORGENSEN & ASSOC for property located at 3845 SKILLERN ROAD. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 3.00 acres. The request is to rezone the subject property to RSF-2, Residential Single Family, 2 units per acre. Planner: Andrew Garner Andrew M. Garner Senior Planner City of Fayetteville 125 West Mountain Street Fayetteville, Arkansas 72701 Tel.479.575.8262 Fax.479.575.8202 agarnerli Dci.fayetteville. ar.us www. accessfavetteville.org JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SUITES • FAYETTEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807 DAVID L. JORGENSEN, P.E., P.L.S. CHRISTOPHER B. BRACKETT, P.E. 5/15/07 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Planning Dept. Re: Annexation/ Rezoning for Keenan Attached herewith please find the applications and supporting documents required for the annexation/rezoning for James Keenan. This property is located at 3845 Skillem Road which is just east of a recently constructed subdivision, which is just east of Savanah Estates Phase 4. The entire property is 3.00 Acres and is bordered o the north by Skillem Road and on the west by a 60' wide access and utility easement. Following annexation/rezoning we will be splitting the property. The property will be served by an 8" sewer which is located in the subdivision to the west. Also the property will be served by an existing 8" waterline which is located on Skillem Road. There is one house on this property and there are 3 houses located to the south. With the addition of a proposed lot split we believe that this will not increase traffic on Skillem Road or the private drive substantially - Please review and call concerning any questions you may have. Thank you. Sincerely; David L. Jor ensen, P.E. • STRUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING• Overview KEENAN R723.07) Clarice Pearman - Ords. 5037-5039 Pane 1 From: Clarice Pearman To: Pate, Jeremy Date: 7.23.07 1:45 PM Subject: Ords. 5037-5039 Attachments: 5039 VAC 07-2644 Zaxby's.pdf; Keenan.pdf 5037 ANX 07-2620 Keenan.pdf; 5038 RZN 07-2621 CC: Audit; GIS Jeremy: Attached ordinances passed by the City Council, July 17, 2007. Please let me know if there is anything else needed. Have a good day. Thanks. Clarice FROM (MON)JUL 30 2007 16: 05/ST.15: 58/Na,6816796054 P 1 State of Arkansas Washington County Courthouse 280 North College Ave, Suite 300 Fayetteville, AR 72701 Telephone: (479)-444-1711 Fax: (479)-444-1894 FAX TRANSMISSION To: City Clerk's Office Date: July 30, 2007 Ciarice Fax #: 718-7695 Pages: 6, including cover sheet From: Jennifer Sharpsbair Subject Confirmation for I Fayetteville Annexations Ordinance # 5037 FROM (MON)JUL 30 2007 16: 05/ST.15:58/No. 6816796054 P 2 N d P ORDINANCE NO. 5037 -a AN ORDINANCE ANNEXING THAT PROPERTY _ r DESCRIBED IN ANNEXATION PETITION ANX 07-2620 y�";:" (CC2007-03), FOR PROPERTY LOCATED AT 3845 SKILLERN ROAD, CONTAINING APPROXIMATELY 3.00 ACRES" 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 of Fayetteville, Arkansas, of that as shown on the map attached as Exhibit "A" and property described in 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 properly is hereby assigned to Ward No. Three. PASSED and APPROVED this 17th of July, 2007. + V `�G•Gu{ OF'•GF APPROVED: ATTEST; I;FnyETTEvatE; By: By: SONDRA SMITH, City Clerk/Treasurer FROM ANX07-2620 Ott (MON)JUL 30 2007 16:05/ST.15:58/No. 6816796054 P 3 EXHIBIT "A" KEENAN I G 76 IS JOG .so /OD FM FROM (MON)JUL 30 2007 16:06/ST.15:58/ND. 6816796054 P 4 EXHIBIT "B" ANX 07-2620 PART OF THE NEI/4 OF THE SE1/4 OF SECTION 31, T17N, R29W OF WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID NEI/4, SEI/4 THENCE S00°45'10"E 395.04 FEET, THENCE S89°31'02W 33080 FEET, THENCE N00°4323"W 395.04 FEET, THENCE N89°3I'02"E 330.63 FEET TO THE P.O.B.; CONTAINING 3.00 ACRES MORE OR LESS SUBJECT TO EASEMENTS ANT) RIGHT OF WAY OF RECORD. FROM (MON)JUL 30 2007 16:06/ST.15: 58/No. 6816796054 P 5 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS N_ INRE: ANNEXATION OF CERTAIN LANDS ' _ TO THE -CITY OF FAYETTEVILLE, ARKANSAS s `- LEGAL DESCRIPTION: (ENTIRE TRACT) PARCEL #001 15611003 PART OF THE NEJ/4 OF THE SEI/4 OF SECTION 31, T17N, R29W OF WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED MORE C PARTICULARLY AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID NEI/4, SEI/4 THENCE S00°45'10"E 395.04 FEET, THENCE S89°31'02"W 330.80 FEET, THENCE N00°43'23"W 395.04 FEET, THENCE N89°31'02"E 330.63 FEET TO THE P.O.B.; CONTAINING 3.00 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIG!-! OF WAY RECORD. James T. Keenan P.O. Box 9600 Fayetteville, AR 72703 PETITIONER No. CC -=D7_ X0014:0..,,a ildFP:. i Now on this L y of ffi , otpO7 , comes before the court in the captioned matter the petition of the p4littioncr for annexation in and to the City of Fayetteville and the petitioner appearing by their engineer, David L. Jorgensen, and from the petition and all attendant things, facts and matters, the court finds: I. The petitioner is the owner of the hereinafter -described real property and has designated David L. Jorgensen, engineer, to act for and petition this court in their behalf 2. The petitioner is the owner of the following described real estate'situated in Washington County, Arkansas: LEGAL DESCRIPTION: (ENTIRE TRACT) PARCEL #001-15611-003 PART OF THE NEi/4 OF THE SE I/4 OF SECTION 31;.TI7N, R29W OF WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID NEI/4, SEI/4 THENCE S00°45'10"E 395.04 FEET, TIkENGE S8903l'02"W 330.80 FEET, THENCE Noo°43'23^W 395,04 FEET, THENOE t189°31'02"E 330.63 FEET TO THE P.O.B.; CONTAINING 3.00 ACRES MORE OR'LESS SUBJECT TO EASEMENTS AND RICH OF WAY RECORD. -ROM (M0N)JUL 30 2007 16:06/ST.15:58/No. 6816796054 P 6 3. The foregoing-dcscn"bed lands are contiguous to and adjoining the corporate limits of the City of Fayetteville and the petitioner desire that they may be annexed to it. 4. The petitioner is the owner of all the real estate affected by this petition. 5. The petitioner seeks annexation to the City of Fayetteville. IT IS THEREFORE CONSIDERED, ADJUDGED, AND ORDERED THAT the petition for annexation should be and is hereby approved and the City of Fayetteville may proceed to annex the foregoing described lands, subject to confirmation by this court. Ills SO ORDERED. e H o , Judge hin on County Court 02 State of Arkansas of State Charlie Daniels Secretary of State August 6, 2007 The Honorable Karen Combs Pritchard Washington County Clerk 280 North College Avenue, Suite 300 Fayetteville, AR 72701 Dear Ms. Pritchard: Business & Commercial Services 682-3409 Elections 682-5070 Building & Grounds 682-3407 Communications & Education 683-0057 State Capitol Police 682-5173 Business Office 682-8032 Information Technology 682-3411 RECE!\ AUG 0? CITY CF FAYE' CITY CLERt('S The Following Information has been recorded and filed in the Office of the Secretary of State: Date: August 6, 2007 County: Washington City: Fayetteville Annexation: Incorporation Census Information: 1st Class City - 2nd Class City - Incorporated Town - Ordinance No. — 5037 Co. Order No - 2007-03 Plat -X—Keenan Annexa. Election - Island - Ordinance No. - Co. Order No. Plat - Election - The following City or Town has been upgraded or reduced to: I have forwarded this information to the Arkansas Municipal League and the Arkansas Highway and Transportation Department. If you have any further questions please do not hesitate to contact me at 1-800-482-1127 or 682-3451 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