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HomeMy WebLinkAboutOrdinance 5172 f IIIIIIIIIIIIIIIIIIIIII�III�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Lf Doc ID : 012486200004 Tvoe : REL Recorded : 09/ 16/2008 at 11 : 35 : 19 AM Fee Amt : $30 . 00 Paae 1 of 4 Mashinaton Countv . AR Bette Btamos Circuit Clerk 2000 SEP - 4 AM I1 : 37 File 2008-00030445 ✓: ) 3 idi �• ili.k .+ r dry i t 'Irai ORDINANCE NO, 5172 AN ORDINANCE SIMULTANEOUSLY DETACHING TERRITORY FROM THE CITY OF FARMINGTON AND ANNEXING SAID TERRITORY INTO THE CITY OF FAYETTEVILLE, PURSUANT TO A.C.A. § 14-40-2101 WHEREAS, A.C.A. § 14-40-2101 provides a procedure for the simultaneous detachment of territory from one municipality and annexation of such territory into an adjoining municipality; and WHEREAS, Rausch Coleman Land Development Company is desirous of moving parcels of substantially equal size from Fayetteville into Farmington, and from Farmington into Fayetteville to provide a more manageable and clear city limits border within its development between the cities. 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 calls for the simultaneous detachment from Farmington and annexation into Fayetteville of property described on Exhibit A and shown on Exhibit B (attached) upon request of the owners of this property. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby requests that the City of Farmington schedule and hold a public hearing on the detachment and annexation within 60 days of the effective date of this ordinance and notify the Fayetteville City Clerk of the date for the public hearing in sufficient time for her to publish a legal notice at least 15 days before the hearing. Section 3 : If the City of Farmington concurs by ordinance in the simultaneous detachment from Farmington and annexation into Fayetteville of the land described on If Page 2 Ord. 5172 Exhibit A and shown on Exhibit B, the City Council of the City of Fayetteville, Arkansas, hereby annexes said land into Fayetteville, amends the official map of Fayetteville, and assigns the land to Ward 4. rR PASSED and APPROVED this 2"d day of September, 2008. &I Y0 ; FAYETTEVILLE ; APPROVED: ATTEST: :. '1 9s q:�KANSP�'J2`a r09 A A/By: : 7ZBy: DM4�CO66Y, Mayor SONDRA E. SMITH, City Clerk/Treasurer W,%1 I t y�. ys x. i a t t :777 WLLLL Ym r g; a-a�'^'x���@ IF v, . U . • .� �i a� .,(l �$�.i. kv why O 4w EXHIBIT "B" ANX 08-3036 DESCRIPTION OF PARCEL TO CONVEY FROM FARMINGTON TO FAYETTEVILLE: A PART OF THE WEST HALF (W 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST QUARTER (NW 1 /4) OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST (SEC 24, T-16-N, R-31 -W) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A 1/2" REBAR MARKING THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER (SW 1 /4) OF THE NORTHWEST QUARTER (NW 1 /4) OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST (SEC 24, T-16-N, R-31 -W), SAID POINT LYING ON THE CURRENT CITY LIMITS LINE OF FARMINGTON AND FAYETTEVILLE, ARKANSAS; THENCE WITH SAID CITY LIMIT LINE S 87° 17'55 " E 653 .78 FEET TO A POINT; THENCE CONTINUING WITH SAID CITY LIMIT LINE S 01053'47" W 785.80 FEET TO A POINT; THENCE LEAVING SAID CITY LIMIT LINE N 87059'22" W 558.53 FEET TO A POINT; THENCE IN A WESTERLY DIRECTION WITH A TANGENT CURVE TURNING TO THE LEFT WITH A RADIUS OF 455 .00 FEET, HAVING A CHORD BEARING OF N 89010'04" W AND A CHORD DISTANCE OF 18.71 , HAVING AN INTERIOR ANGLE OF 02021 '24" AND AN ARC LENGTH OF 18.71 TO A POINT; THENCE S 89039'14" W 76.80 FEET TO A POINT ON THE EAST LINE OF MEADOWLARK SUBDIVISION; THENCE WITH SAID EAST LINE N 01 °54'57" E 797.23 FEET TO THE POINT OF BEGINNING AND CONTAINING 11 .86 ACRES MORE OR LESS. BASIS OF BEARINGS IS A SURVEY BY TONY ANDERSON (PLS 1272), JOB NUMBER 06- 12-02, DATED 9/12/07. NOTE: CALLS THAT FOLLOW THE CURRENT AND FUTURE RIGHTS-OF-WAY OF ALBERTA STREET ARE BASED ON THE FINAL PLAT OF WALNUT CROSSING SUBDIVISION (PREPARED BY ENGINEERING SERVICES, INC, RECORDED AT PLAT FILE 23, PAGE 235) BUT HAVE BEEN ORIENTED TO THE TONY ANDERSON BOUNDARY SURVEY REFERENCED IN EACH SECTION ABOVE AS A BASIS OF BEARING. Washington County, AR 1 certify this instrument was filed on 09/18/2008 11 :35: 19 AM and reco d in Real Estate File Numb r2008-00030445 Bette to s - Circuit Clerk by S •' I ,._.. L.. l.,/ IIIIIPIIIIIIIlI�11IIW IIIIIW I6I lI11IIIIIIWI IIIdllllllllllltllll� Doc ID: 012480170003 TVDa : REL Recorded : 09/12/2008 at 10: 19 :45 AM 2808 SEP 12 AN 10: 22 Fee Amt : $28 .00 Pace 1 of 3 Mashlnoton Countv . AR Bette Stamos Clrc.ilt Clerk ilki 1@ CO3(t� rril iUTA4 ii FL4008-00030026 Co. BPR PAI ECLERK WASHINGTON CO. ARK. ORDINANCE NO. 2008-15 AN ORDINANCE SIMULTANEOUSLY DETACHING TERRITORY FROM THE CITY OF FAYETTEVILLE AND ANNEX NG SAID TERRITORY INTO THE CITY OF FARMINGTON, PURSUANT TO A.C.A. 14-40-2101 WHEREAS, A.C.A. 14 }0-2101 provides a procedure for the simultaneous detachment of territory from one municipality and annexation of such territory into an adjoining municipality; and WHEREAS, Rausch Coleman Land Development Company is desirous of swapping parcels of substantially equal size from Fayetteville into Farmington, and from Farmington into Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMINGTON, ARKANSAS: SECTION 1 . That certain territory presently within the corporate limits of the City of Fayetteville is contiguous to and adjoins the City of Farmington. The City of Farmington hereby calls for the simultaneous detachment and annexation of the lands that are described in Exhibit A, which is attached hereto and incorporated herein by reference. SECTION 2. That the proposed detachment and annexation of lands described in Exhibit A was requested by the owners of the subject property. SECTION 3. That a copy of this ordinance shall be sent to the governing body of the City of Fayetteville. Within sixty (60) days of the effective date of this ordinance, the governing body of the City of Fayetteville shall conduct a public hearing on the proposed detachment and annexation. SECTION 4. That at least fifteen (15) days prior to the date of the public hearing, the Farmington City Clerk shall publish a legal notice of said public hearing, which shall ,also K f f1N set out the legal description of the territory proposed to be detached and annexed. . • t F . . . ....,..GT. ovoGIAL °y c1 r;,0`� SECTION 5. That at said public hearing, officials of both municipalities, as well as property owners within the area proposed to be detached and annexed, may appear and present their views on the proposal. SECTION 6. That at the next regularly scheduled meeting of the Fayetteville City Council following the public hearing, said City Council may bring the proposed ordinance up for a vote to concur in the detachment and annexation. If approved, a prima facie case for detachment and annexation shall be established, and the City of Farmington shall proceed to render services to the newly annexed area. PASSED AND APPROVED THIS 8TH DAY OF SEPTEMBER, 2008. Ernie Penn, Mayor Kelly Thor s, City Clerk OF FA/j/ OFFICI,e, EXHIBIT A Description of Parcel to Convey from Fayetteville to Farmington: A part of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW '/4) of the Northwest Quarter (NW '/4) of Section 24, Township 16 North, Range 31 West (Sec 24, T-16-N, R-31-W) and more particularly described as follows: Beginning at a %" rebar marking the Northeast Comer of the Northwest Quarter (NW '/4) of the Southwest Quarter (SW %4) of Section 24, Township 16 North, Range 31 West (See 24, T-16-N, R-31-W), said point lying on the current City Limit line of Farmington and Fayetteville, Arkansas; thence with said City Limit line N 87036'42" W 654. 19 feet to a Point; thence also with said City Limit line N 01°53147" E 533 .61 feet to a Point on the Southern Right-of-Way of Alberta Street; thence leaving said City Limit line and following the southem Right- of-Way of Alberta Street S 87°5922" E 279.09 feet to a Point; thence along said Right-of-Way in a easterly direction with a tangent curve turning to the right with a radius of 4955.00 feet, having a chord bearing of S 87°4743" E and a chord distance of 33 .60, having an interior angle of 00°23' 19" and an are length of 33.60 to a Point; thence along said Right-of-Way S 87°36'03" E 264.82 feet to a Point; thence along said Right-of-Way in a easterly direction with a tangent curve turning to the Ieft with a radius of 5045.00 feet, having a chord bearing of S 87°48'09" E and a chord distance of 35 .48, having an interior angle of 00°24'11 " and an arc length of 35.48 to a Point; thence along said Right-of- Way S 88000114" E 40.99 feet to a Point on the Western line of Walnut Crossing subdivision; thence leaving said Right-of-Way and following the Western line of Walnut Crossing subdivision S 01052'36" W 535.91 feet to the point of beginning; containing 8.035 acres more or less. Basis of Bearings is a Survey by Tony Anderson (PLS 1272), job number 06-12-02, dated 9/12/07. NOTE: Calls that follow the current and future Rights-of-Way of Alberta Street are based on the Final Plat of Walnut Crossing Subdivision (prepared by Engineering Services, Inc, recorded at Plat File 23, Page 235) but have been oriented to the Tony Anderson boundary survey referenced in each section above as a basis of bearing. I� washington County, AR I certify this Instrument was filed on 09!1212006 1019:45 AM and recorded In Real Estate File Number 2006-00030026 Bette stamps - Circuit Clerk b i Page 1 of 2 Clarice Pearman = Fwd: Re: Detaching Territory From: Sondra Smith To: Pearman, Clarice Date: 9.15.08 6:37 PM Subject: Fwd: Re: Detaching Territory Attachments: Farmington's ordinance for the de-annexation. Sondra E. Smith, CAMC, CMC City Clerk/Treasurer City of Fayetteville 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 ssmith@ ci.fayetteville.ar.us > > > Karen Minkel 9/14/2008 12:56 PM > > > Please see attached. I'm not sure why the second document is included, but this is what Melissa sent to me. Thanks, Karen Karen Minkel Interim Director of Long Range Planning City of Fayetteville (479) 575-8271 > > > Sondra Smith 9/12/2008 5:52 PM > > > Hi Karen Can you please forward me a copy of the ordinance passed by the City of Farmington. Thanks! Sondra E. Smith, CAMC, CMC City Clerk/Treasurer City of Fayetteville 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 ssmith@ci^favetteville.ar.us >> > Karen Minkel 9/12/2008 4:38 PM >> > Melissa, Could you verify your public hearing date, time and location for our notification purposes? Thanks, Karen Karen Minkel Interim Director of Long Range Planning City of Fayetteville file://C:\Documents%20and%20 Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\48CEAB7DF... 9. 16.08 Page 2 of 2 (479) 575-8271 > > > "Melissa McCarville" <melissamccarville(la cityoffarmington-ar.gov> 9/12/2008 3:45 PM > > > Here is the ordinance we passed at our council meeting last Monday. Please let me know the details of your public hearing so that we can get an advertisement in the paper 15 days prior. Thanks for your cooperation with this! If you need anything else let me know. file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\48CEAB7DF. . . 9. 16.08 City of Fayetteville Staff Review Form ?'/a 16e City Council Agenda Items and 51 -7a Contracts, Leases or Agreements off August 19, 2008 City Council Meeting Date _ � Agenda Items Only N 6�(� Karen Minkel Long Range Planning Operations Submitted By Division Department Action Required: ANX 08-3036 (Fayetteville_Farmington Land Swap): Submitted by Rausch Coleman Homes for property located west of the Walnut Crossing Subdivision. The request is to annex 11 .86 acres from Farmington in exchange for 8.035 acres in Fayetteville to allow further development by the property owner. 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 Budget Adjustment Attached It 4n C7— ' —�V Previous Ordinance or Resolution # Department ire Date C Original Contract Date: O j K Original Contract Number: orney Date t� Received in C ySNiERED `�� Q {� �� a Y da Clerk's Office * Finance and Internal Service Director Date Received in ENiEAED Qp � Mayor's Office Mayor / Date Comments: Revised April 16, 2007 /itf on Yee .s�c6�lailc�d, �� 5//9, /aW City Council Meeting of August 19, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations From: Karen Minkel, Interim Director of Long Range Planning Date: July 31 , 2008 Subject: Fayetteville_Farmington Land Swap (ANX 08-3036) RECOMMENDATION Planning staff and the Planning Commission recommend approval of the subject annexation request for approximately 11 . 86 acres from Farmington in exchange for 8.035 acres in Fayetteville to allow further development by the property owner. BACKGROUND The subject property contains 11 .86 acres and is located within the City of Farmington west of the Walnut Crossing and Coves developments. Pursuant to A .C.A § 14-40-2101 , two contiguous municipalities may simultaneously detach and annex territory, subject to approval from the governing body of each municipality. Rausch Coleman Homes requested that the City of Fayetteville and the City of Farmington approve the exchange of two substantially equal tracts of property, resulting in new city limit boundaries for each municipality. Specifically, 11 .86 acres north of Alberta Street would be detached from Farmington and annexed into Fayetteville, and 8.035 acres south of Alberta Street would be detached from Fayetteville and annexed into Farmington. The portion of Alberta Street that borders the property would fall under Fayetteville' s jurisdiction. See attached maps for reference. DISCUSSION This item was heard at the regular Planning Commission meeting on July 28, 2008. The Planning Commission voted 6-0-0 to recommend forwarding this annexation request to the City Council with a recommendation for approval . If this annexation is approved by the City Council, the City of Farmington City Council is required to hold a public hearing on the detachment and annexation within 60 days of the effective date of this ordinance. The City of Farmington had its first reading of the detachment and annexation of Fayetteville's 8.035 acres on July 14, 2008. The second reading is scheduled for August 11 . BUDGET IMPACT None.