HomeMy WebLinkAboutOrdinance 5188 IN110111111911111111 111111111
Doc ID : 012582140004 Tvoe . REL r
Feeorde(. . 1111712008
11 0 2008 at o04q 8 : 08 PM f•.. j i j`-�.,
AmtPaaeI f P�- L
Washlnaton Countv . AR
Bette Stamps Circuit Clerk
P11e2008-00036734 OCT28 AP1l1 : 27
ORDINANCE NO, 5188
AN ORDINANCE CONCURRING WITH FARMINGTON
ORDINANCE NO. 2008- 15, PROVIDING FOR THE VOLUNTARY
DETACHMENT OF CERTAIN LANDS FROM THE CITY OF
FAYETTEVILLE, AND ATTACHING SAID LANDS TO THE CITY
OF FARMINGTON.
WHEREAS, Rausch Coleman Homes petitioned the Farmington City Council to be
annexed into Farmington if the Fayetteville City Council agreed to detach their property
described in Exhibit "A" from Fayetteville as part of a land swap between the two
municipalities; and
WHEREAS, the Farmington City Council passed Ordinance 2008-15 on September 8,
2008, which states that if the Fayetteville City Council votes for the proposed detachment and
annexation ordinance, then "a prima facie case shall be established. . . "; and
WHEREAS, the Fayetteville City Council held a public hearing on this subject as
required by A.C.A. § 14-40-2101 on October 7, 2008.
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 concurs
with Farmington Ordinance No. 2008- 15 providing for the simultaneous detachment from
Fayetteville and annexation into Farmington of the property as described in Exhibit "A".
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PASSED and APPROVED this 21 st day of October, 2008.
; FAYETTEVILLE
APPROVED: ATTEST:
ANSPgoo
By: By: 'pt ' ° J ��r1lALI 1
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
ANX 08-3036
DESCRIPTION OF PARCEL TO CONVEY FROM FAYETTEVILLE TO FARMINGTON:
A PART OF THE SOUTHEAST QUARTER (SE 1 /4) 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 %" REBAR MARKING THE NORT14EAST CORNER OF THE NORTHWEST
QUARTER (NW 1 /4) OF THE SOUTHWEST QUARTER (SW 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 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 01 053'47" 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
SOUTHERN RIGHT-OF-WAY OF ALBERTA STREET S 87059'22" 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, 14AVING A CHORD
BEARING OF S 87047'43 " E AND A CHORD DISTANCE OF 33.60, HAVING AN INTERIOR
ANGLE OF 00023' 19" AND AN ARC 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 LEFT WITH
A RADIUS OF 5045 .00 FEET, HAVING A CHORD BEARING OF S 87048'09" 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 88°00'14" 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)5 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.
ORDINANCE NO, 2008-27
AN ORDINANCE CONCURRING WITH FAYETTEVILLE
ORDINANCE NO. 5172, PROVIDING FOR THE VOLUNTARY
DETACHMENT OF CERTAIN LANDS FROM THE CITY OF
FARMINGTON, AND ATTACHING SAID LANDS TO THE CITY
OF FAYETTEVILLE.
WHEREAS, Rausch Coleman Homes petitioned the Fayetteville City Council to be
annexed into Fayetteville if the Farmington City Council agreed to detach their property
described in Exhibit "A" from Farmington as part of a land swap between the two municipalities;
and
WHEREAS, Fayetteville passed Ordinance 5172 on September 2, 2008, which states
that if the Farmington City Council votes for the proposed detachment and annexation ordinance,
then "a prima facie case shall be established. . .'; and
WHEREAS, the Farmington City Council held a public hearing on this subject as
required by A.C.A. 14-40-2101 on October 13, 2008.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FARMINGTON, ARKANSAS:
Section 1 : That the City Council of the City of Farmington, Arkansas hereby concurs
with Fayetteville Ordinance No. 5172 providing for the simultaneous detachment from
Farmington and annexation into Fayetteville of the property described in Exhibit "A".
PASSED and APPROVED this 13th day of October, 2008.
APPROVED: ATTEST:
Ernie Penn, Mayor Kelly Thom , City Clerk
i
EXHIBIT A
Description of Parcel to Convey from Farmington to Fayetteville:
A part of the West Half (W '/z) 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 '/2' rebar marking the Northwest Corner of the Southwest
Quarter (SW '/4) of the Northwest Quarter (NW '/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 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 0105314711 W 785.80 feet to a Point; thence leaving said City
Limit line N 87°59'22" 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 89' l 0'04" W and a chord
distance of 18.71 , having an interior angle of 02°21 '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 '54'5711 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
I certify this instrument was filed on
11 /17/2008 04:08:08 PM
and recorded in Real Estate
File Number 2008-00038 4
Bette Stamps - Circ it
by '
City of Fayetteville Staff Review Form /Ol-)
lo 7
City Council Agenda Items
and
Contracts, Leases or Agreements F vJ_ FrfilI a
10/21/2008IGf�' ^ '' 1
City Council Meeting Date
Agenda Items Only -
Karen Minkel Long Range Planning Operations
Submitted By Division Department
Action Required:
ANX 08-3036: Detachment and Annexation (Fay_Farm Land Swap): An ordinance concurring with Farmington
ordinance No. 2008-15, providing for the voluntary detachment of certain lands from the City of Fayettville, and
attaching said lands to the City of Farmington.
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
��— 10 24 Previous Ordinance or Resolution #
Department Director Date
Original Contract Date:
Original Contract Number:
City Attorney Dale
Received in City
p p 10 -3 -b 8 Clerk's Office
Finance and Internal Service Director Date
Received in 0 3
O Mayor's Office
Mayor Aate
Comments:
Revised April 16, 2007
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City Council Meeting of October 21 , 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: October I , 2008
Subject: Fayetteville_Farmington Land Swap Concurrence (ANX 08-3036)
RECOMMENDATION
Planning staff recommends concurrence with Farmington ordinance No. 2008-15,
providing for the voluntary detachment of certain lands from the City of Fayettville, and
attaching said lands to the City of Farmington.
BACKGROUND
The subject property contains 8.035 acres and is located within the City of Fayetteville
south 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.
The City Council voted 7-0-0 to approve Ordinance No. 5172, which called for the
detachment and annexation of the 11 .86 acres on September 2, 2008. The City of
Farmington voted to approve the detachment and annexation of the 8 .035 acres on
September 8, 2008 through Ordinance No. 2008- 15. The City of Fayetteville held a
public hearing for the 8 .035 acres on October 7, 2008, and the City of Farmington held its
public hearing on October 13 , 2008 .
DISCUSSION .
The City of Farmington will first read an ordinance to concur with the City of
Fayetteville' s Ordinance No. 5172 on November 10, 2008 .
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE CONCURRING WITH FARMINGTON
ORDINANCE NO. 2008- 15, PROVIDING FOR THE VOLUNTARY
DETACHMENT OF CERTAIN LANDS FROM THE CITY OF
FAYETTVILLE, AND ATTACHING SAID LANDS TO THE CITY OF
FARMINGTON .
WHEREAS, Rausch Coleman Homes petitioned the Farmington City Council to be
annexed into Farmington if the Fayetteville City Council agreed to detach their property
described in Exhibit "A" from Fayetteville as part of a land swap between the two
municipalities; and
WHEREAS, Farmington Ordinance passed Ordinance 2008- 15 on September 8, 2008,
which states that if the Fayetteville City Council votes for the proposed detachment and
annexation ordinance, then "a prima facie case shall be established . . . '; and
WHEREAS, the Fayetteville City Council held a public hearing on this subject as
required by A.C.A. 14-40-2101 on October 7, 2008.
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 herby concurs with
Farmington Ordinance No. 2008-15 providing for the simultaneous detachment from Fayetteville
and annexation into Farmington of the at property described in Exhibit "A".
PASSED and APPROVED this 21st day of October, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
ANX 08-3036
DESCRIPTION OF PARCEL TO CONVEY FROM FAYETTEVILLE TO FARMINGTON:
A PART OF THE SOUTHEAST QUARTER (SE 1/4) 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 'h" REBAR MARKING THE NORTHEAST CORNER OF THE
NORTHWEST QUARTER ( NW '/4) OF THE SOUTHWEST QUARTER (SW '/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 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 01053'47" 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 SOUTHERN RIGHT-OF-WAY OF ALBERTA STREET S
87059'22" 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 87047'43" E AND A CHORD
DISTANCE OF 33.60, HAVING AN INTERIOR ANGLE OF 00023' 19" AND AN ARC 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 LEFT WITH A RADIUS OF 5045.00 FEET, HAVING A
CHORD BEARING OF S 87048'09" 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 88000' 14" 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 01052136"
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 9112/07.
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.
ANX08-3036 RAUSCH COLEMAN LAND EXCHANGE
Close Up View
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RECEIVED
OCT 0 2 2008
.Arkansas Democrat � C axleffe CrrY Of FAYETFEvaLE
._Democrat _- CITY CLERK'S OFFICE
�+ hall
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE : 479-571 -6421
AFFIDAVIT OF PUBLICATION
I , Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
(Lowell) and Pulaski County, Arkansas and that from my own personal
knowledge and reference to the files of said publication, the
advertisement of:
City of Fayetteville- Public Hearing Ord, 5172
Was inserted in the Statewide Editions on
September 26, 2008
Publication Charge : $ 121 . 25
Subscribed and sworn to before me
This 30 day of , /1„� 2008.
Notary Public
p(ARY N
w: �� • : a
My Commission Expires : �`'• Pue��ry ys
`�
NG7bN Gp..
RECEIVE ®
OCT 0 2 2008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
PUBLIC HEARING ING NOTICE
Notice is hereby given that Otdi-
Midwest 116.5172 has been adopted by
Me FayOevb CN Council on Sep-
IeMEa
2,200B c l aig fa the iimul-
ladecus detachment of 11.86 acres
mesa I[of asdintiall ndaniom
the Cin of FanMngtono the
enneo-
elion weld in
into Me CM of
Eayies Cob N n owed U- with 01.
luwae cdeeanmofined U-411-21 01.
.Tne ppccppaRr�6 NODPax-
.DEGCBIP110N OF:PAHCEIRI: _
CONVEY I.ROM kfim rlj 7O':
FAYEMMIE
A part of the West Hal MI/2) of
Me SwUwmst Quarter(SW724)of the
NoMmust Ouader(NV7 114)o15ec-
link 24,Township 16 Nath,Hanga 31
Wesi(sec 24,T-i6-N, fl-31-w)and
Bae po�tiataily r minor ai fo0owe
Northwest
m nmer 011i Souiigthe
Ouartul Croner ff,Ihe Southwest
0uarter((�W714)of life Northwest _
Under II1%Gll ge 31 24, t jSec,
ship 16N , R- nge 31 West(Sec ;
24,Ike
&31-W1 Limps line f
on tie cunand Ci y limes Ilse of
Fmmthence and WidFaythleville,Ai6aa-
i 87' Meese wMiisaidlei)to aPoi 5
67.17'55'. ti continuing
with
h sa to i Pant;
iMarcy 1,53,47, 785.. CityLimitioa -
0Me S them le vi 765.60 city
to a
line
thence2* IY said CBylim2
i line N thence
1V 55$.53direco a
i point; inen m cin in westerly to
left
i withii ip d.nis rive Nm00 to the lea
dad reams of 455.00 100, Wand a
tlmrd b distance
bt N8 8.71. ' li are a
chord distance of 18.71. h'allog sn
6ilaloi oriole at 02.21. Vand a arc
6u*ed i0.71.10 a Paint; Heide$
0D'37146 W 76.001eef lora Painl.oh
Me East fine of Meadowlar6:Subdrri-
's10ns thence With said East line N
01'54'57'E797.23 W fiaMe Ponta
Begi rvdig and cpnlb5img 11,06'adms
mani'Orplleiss. gasisal bearings'isa
. kb Nanbo l2-0 DMbdd9!12y.
"NOTE: Calk that felbii.fie cm-
rem and fuMe rghs-0l,-10 M A4
beda Skeet are based anMC Taal Plat
dl WelmdCrossirg Subdivision(prow
pared b EnymeedrIgg Services, Inc,
recent at talar e7a73.Page 235)bit . .
have been oriented to the Tony -
Anderson boundary,survey refer-
enced aeach section atomasa -
basisalmaniq.
A pubm hedimp will be held re-
yyarding,this robber at 6;00 p.m. on
' OcLabor 13,20061a The Cgy Council
Chambers.at Farmp+glon Ciry'.Nalt,
354 West Main In Faidngtdh,Arkan
sas. Thepubis and pr*11 vines
within the area proposed to be an
razed are advised of tinea 69.60 tbap-
Dem at Me publicheaivg to Vesent
their views on Me proposed annez-
elan. . . .
DMCW Mayor
a53127342 Sep1.26,2004 ,