HomeMy WebLinkAboutOrdinance 5190 / IIIIIIIIIuIIIuIIuI VIII VIII VIIIVIII VIIIIIIIIIIIII VIIIVVIII I
Doc ID : 012632750006 TVDe : REL
Recorded : 12/23/2008 at 02 : 29 : 03 PM
Fee Amt : $40 . 00 Paoe 1 of 6 a
Hashlnaton Countv . AR
Bette Stamps Circuit Clerk
2008-00039827 ' P
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ORDINANCE NO. 5190
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 08-2897
(CC2008-38), FOR PROPERTY LOCATED WEST OF I-540
AND CATO SPRINGS ROAD, CONTAINING
APPROXIMATELY 855 .97 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, as shown in Exhibit "A" and depicted 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. Four.
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PASSED and APPROVED this 6th of November, 2008.
; FAYETTEVILLE ;
APPROVED: ATTEST:
RkANSP�J� .
By: By:
D N COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Page 2
Ord. 5190
EXHIBIT `B"
ANX 08-2897
LEGAL DESCRIPTION OF ANNEXATION AREA
A TRACT OF LAND TO BE ANNEXED INTO THE CITY OF FAYETTEVILLE,
ARKANSAS AND GENERALLY FALLING WITHIN SECTIONS 30 AND 31 OF
TOWNSHIP 16 NORTH, RANGE 30 WEST, AND SECTIONS 25 AND 36 OF TOWNSHIP
16 NORTH, RANGE 31 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON
COUNTY, ARKANSAS. THE ABOVEMENTIONED TRACT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF THE FRACTIONAL NORTHWEST
QUARTER (NWI /4) OF THE SOUTHWEST QUARTER (SW1 /4) OF THE AFORESAID
SECTION 30;
THENCE COINCIDENT WITH THE NORTHERN LINE OF SAID NORTHWEST
QUARTER (NWI /4) OF THE SOUTHWEST QUARTER (SWI /4) OF SECTION 30, SOUTH
87015' 10" EAST FOR A DISTANCE OF 1834.34 FEET TO THE NORTHWEST CORNER OF
THE NORTHEAST QUARTER (NEI/4) OF THE SOUTHWEST QUARTER (SWI /4) OF
THE AFORESAID SECTION 30;
THENCE COINCIDENT WITH THE NORTHERN LINE OF THE NORTHEAST QUARTER
(NEI /4) OF THE SOUTHWEST QUARTER (SWI/4) OF SECTION 30, SOUTH 87015110"
EAST FOR A DISTANCE OF 1315 .53 FEET TO THE NORTHEAST CORNER OF THE
NORTHEAST QUARTER (NEI /4) OF THE SOUTHWEST QUARTER (SWI /4) OF THE
AFORESAID SECTION 30;
THENCE COINCIDENT WITH THE NORTHERN LINE OF THE NORTHEAST QUARTER
(NW1 /4) OF THE SOUTHEAST QUARTER (SEI/4) OF SECTION 30, SOUTH 87015110"
EAST FOR A DISTANCE OF 1315 .53 FEET TO THE NORTHWEST CORNER OF THE
NORTHEAST QUARTER (NEI /4) OF THE SOUTHEAST QUARTER (SEI /4) OF THE
AFORESAID SECTION 30;
THENCE COINCIDENT WITH THE NORTHERN LINE OF THE NORTHEAST QUARTER
(NEI /4) OF THE SOUTHEAST QUARTER (SEI /4) OF SECTION 30, SOUTH 8701510"
EAST FOR A DISTANCE OF 1315 .53 FEET TO THE NORTHEAST CORNER OF THE
NORTHEAST QUARTER (NEI /4) OF THE SOUTHEAST QUARTER (SEI /4) OF THE
AFORESAID SECTION 30;
THENCE LEAVING SAID NORTHERN LINE, COINCIDENT WITH THE EASTERN LINE
OF THE NORTHEAST QUARTER (NEI /4) OF THE SOUTHEAST QUARTER (SEI /4) OF
SECTION 30, SOUTH 02033'03" WEST FOR A DISTANCE OF 1320.46 FEET TO THE
NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SEI /4) OF THE SOUTHEAST
QUARTER (SEI /4) OF THE AFORESAID SECTION 30;
THENCE COINCIDENT WITH THE EASTERN LINE OF THE SOUTHEAST QUARTER
(SEI/4) OF THE SOUTHEAST QUARTER (SEI /4) OF SECTION 30, SOUTH 02033103 "
WEST FOR A DISTANCE OF 1320.46 FEET TO THE SOUTHEAST CORNER OF THE
SOUTHEAST QUARTER (SEI/4) OF THE SOUTHEAST QUARTER (SEI /4) OF THE
AFORESAID SECTION 30;
Page 3
Ord. 5190
EXHIBIT `B" cont'd
ANX 08-2897
THENCE LEAVING SAID EASTERN LINE, COINCIDENT WITH THE SOUTHERN LINE
OF SOUTHEAST QUARTER (SEI /4) OF THE SOUTHEAST QUARTER (SEI /4) OF
SECTION 30, NORTH 87014'32" WEST FOR A DISTANCE OF 1322.98 FEET TO THE
SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SEI/4) OF THE SOUTHEAST
QUARTER (SE 1 /4) OF THE AFORESAID SECTION 30;
THENCE LEAVING SAID SOUTHERN LINE, COINCIDENT WITH THE EASTERN LINE
OF NORTHWEST QUARTER (NWI /4) OF THE NORTHEAST QUARTER (NEI /4) OF
SECTION 31 , SOUTH 03010131 " WEST FOR A DISTANCE OF 1314.09 FEET TO THE
SOUTHEAST CORNER OF THE NORTHWEST QUARTER (NWI /4) OF THE
NORTHEAST QUARTER (NEI /4) OF THE AFORESAID SECTION 31 ;
THENCE COINCIDENT WITH THE EASTERN LINE OF THE SOUTHWEST QUARTER
(SWI /4) OF THE NORTHEAST QUARTER (NEI /4) OF SECTION 31 , SOUTH 03010131 "
WEST FOR A DISTANCE OF 1314.09 FEET TO THE SOUTHEAST CORNER OF THE
SOUTHWEST QUARTER (SWI/4) OF THE NORTHEAST QUARTER (NEI /4) OF THE
AFORESAID SECTION 31 ;
THENCE SOUTH 02056'56" WEST FOR A DISTANCE OF 39.83 FEET TO A POINT ON
THE NORTHERN RIGHT-OF-WAY LINE FOR SOUTH CATO SPRINGS ROAD AS
EXISTING;
THENCE COINCIDENT WITH SAID RIGHT-OF-WAY LINE, SOUTH 47024143 " WEST
FOR A DISTANCE OF 246.67 FEET TO A POINT;
THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 87030129" WEST FOR A
DISTANCE OF 120.91 FEET TO A POINT;
THENCE SOUTH 33000'07" WEST FOR A DISTANCE OF 99.00 FEET TO A POINT;
THENCE NORTH 51059'53 " WEST FOR A DISTANCE OF 528.00 FEET TO A POINT ON
THE SOUTHERN LINE OF THE SOUTHWEST QUARTER (SWI /4) OF THE NORTHEAST
QUARTER (NEI /4) OF THE AFORESAID SECTION 31 ;
THENCE COINCIDENT WITH SAID SOUTHERN LINE OF THE SOUTHWEST QUARTER
(SWI/4) OF THE NORTHEAST QUARTER (NEI /4) OF SECTION 31 , NORTH 86059153 "
WEST FOR A DISTANCE OF 542.91
FEET TO THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER (SWI /4) OF
THE NORTHEAST QUARTER (NEI/4) OF THE AFORESAID SECTION 31 ;
THENCE COINCIDENT WITH THE SOUTHERN LINE OF THE SOUTHEAST QUARTER
(SEI /4) OF THE NORTHWEST QUARTER (NW1 /4) OF SAID SECTION 31 , NORTH
87009'20" WEST FOR A DISTANCE OF 423 .69 FEET TO A POINT;
THENCE LEAVING SAID SOUTHERN LINE, NORTH 02036150" EAST FOR A DISTANCE
OF 650.79 FEET TO A POINT;
THENCE NORTH 87010'03 " WEST FOR A DISTANCE OF 1671 . 80 FEET TO A POINT;
THENCE SOUTH 02037'31 " WEST FOR A DISTANCE OF 650.44 FEET TO A POINT ON
THE SOUTHERN LINE OF THE FRACTIONAL SOUTHWEST QUARTER (SWI /4) OF
THE NORTHWEST QUARTER (NW 1 /4) OF THE AFORESAID SECTION 31 ;
THENCE COINCIDENT WITH THE SOUTHERN LINE OF THE FRACTIONAL
SOUTHWEST QUARTER (SWI /4) OF THE NORTHWEST QUARTER (NW1 /4) OF
SECTION 31 , NORTH 87009120" WEST FOR A DISTANCE OF 963 .77 FEET TO THE
Page 4
Ord. 5190
EXHIBIT "B"cont'd
ANX 08-2897
SOUTHWEST CORNER OF THE FRACTIONAL SOUTHWEST QUARTER (SWI /4) OF
THE NORTHWEST QUARTER (NWl /4) OF THE AFORESAID SECTION 31 . SAID
CORNER BEING ALSO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER
(SEI /4) OF THE NORTHEAST QUARTER (NEI /4) OF SECTION 36 AND DESIGNATING
THE DIVIDING LINE BETWEEN RANGES 30 AND 31 WEST;
THENCE COINCIDENT WITH THE SOUTHERN LINE OF THE SOUTHEAST QUARTER
(SEI /4) OF THE NORTHEAST QUARTER (NEI /4) OF SECTION 36, NORTH 87003118"
WEST FOR A DISTANCE OF 962.79 FEET TO A POINT;
THENCE NORTH 03006'30" EAST FOR A DISTANCE OF 249.93 FEET TO A POINT;
THENCE NORTH 86053'02" WEST FOR A DISTANCE OF 350.00 FEET TO A POINT ON
THE WESTERN LINE OF THE SOUTHEAST QUARTER (SEI/4) OF THE NORTHEAST
QUARTER (NEI /4) OF SAID SECTION 36;
THENCE COINCIDENT WITH THE WESTERN LINE OF THE SOUTHEAST QUARTER
(SEI /4) OF THE NORTHEAST QUARTER (NE1 /4) OF SECTION 36, NORTH O1047'26"
EAST FOR A DISTANCE OF 1060.68 FEET TO THE SOUTHEAST CORNER OF THE
NORTHWEST QUARTER (NWI/4) OF THE NORTHEAST QUARTER (NEI /4) OF THE
AFORESAID SECTION 36; THENCE NORTH 87016'27" WEST FOR A DISTANCE OF
1343 .38 FEET TO A POINT; THENCE NORTH 04°02'35" EAST FOR A DISTANCE OF
72.47 FEET TO A POINT; THENCE NORTH 11 ° 19'49" EAST FOR A DISTANCE OF 40.24
FEET TO A POINT; THENCE ALONG THE ARC OF A CURVE TO THE LEFT FOR A
DISTANCE OF 90.32 FEET TO A POINT. SAID CURVE HAVING A RADIUS OF 101 .22
FEET WITH A CHORD WHICH BEARS NORTH 24009'50" WEST FOR A DISTANCE OF
87.35 FEET TO SAID POINT; THENCE NORTH 48°44' 10" WEST FOR A DISTANCE OF
34.21 FEET TO A POINT; THENCE ALONG THE ARC OF A CURVE TO THE LEFT FOR
A DISTANCE OF 160.88 FEET TO A POINT. SAID CURVE HAVING A RADIUS OF 215 .87
FEET WITH A CHORD WHICH BEARS NORTH 67002'42" WEST FOR A DISTANCE OF
157. 18 FEET TO SAID POINT,-
THENCE
OINT;THENCE NORTH 89017'23 " WEST FOR A DISTANCE OF 123 .09 FEET TO A POINT;
THENCE NORTH 87011 '38" WEST FOR A DISTANCE OF 161 .28 FEET TO A POINT;
THENCE NORTH 01 057'34" EAST FOR A DISTANCE OF 1055.60 FEET TO A POINT;
THENCE SOUTH 87°31 '37" EAST FOR A DISTANCE OF 1230.87 FEET TO A POINT;
THENCE NORTH 17008'05 " EAST FOR A DISTANCE OF 157.76 FEET TO A POINT;
THENCE NORTH 23029'30" EAST FOR A DISTANCE OF 127.51 FEET TO A POINT;
THENCE NORTH 02025'44" EAST FOR A DISTANCE OF 131 .20 FEET TO A POINT;
THENCE NORTH 30°29' 11 " WEST FOR A DISTANCE OF 198.42 FEET TO A POINT;
THENCE NORTH 16015'45 " WEST FOR A DISTANCE OF 180.52 FEET TO A POINT;
THENCE NORTH 03000'58 " EAST FOR A DISTANCE OF 113 .62 FEET TO A POINT;
THENCE NORTH 14013'54" EAST FOR A DISTANCE OF 202. 18 FEET TO A POINT;
THENCE NORTH 24°51 '02" WEST FOR A DISTANCE OF 100.73 FEET TO A POINT;
THENCE NORTH 08°41 ' 17" EAST FOR A DISTANCE OF 110.59 FEET TO A POINT;
THENCE NORTH 67053'42" EAST FOR A DISTANCE OF 173 .71 FEET TO A POINT;
Page 5
Ord. 5190
EXHIBIT `B" cont'd
ANX 08-2897
THENCE NORTH 87018'22" WEST FOR A DISTANCE OF 147.50 FEET TO A POINT;
THENCE NORTH 01 028'04" EAST FOR A DISTANCE OF 659.86 FEET TO A POINT;
THENCE SOUTH 87013'07" EAST FOR A DISTANCE OF 660.25 FEET TO A POINT;
THENCE NORTH 0102739" EAST FOR A DISTANCE OF 675.06 FEET TO THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER (NEI /4) OF THE SOUTHEAST
QUARTER (SEI /4) OF SECTION 25 ;
THENCE COINCIDENT WITH THE NORTHERN LINE OF THE NORTHEAST QUARTER
(NEI /4) OF THE SOUTHEAST QUARTER (SEI /4) OF SAID SECTION 25, SOUTH
87009'38 " EAST FOR A DISTANCE OF 1314.52 FEET TO THE NORTHEAST CORNER OF
THE NORTHEAST QUARTER (NEI /4) OF THE SOUTHEAST QUARTER (SEI /4) OF
SECTION 25 ; THENCE SOUTH 02025'51 " WEST FOR A DISTANCE OF 36.60 FEET TO
THE POINT OF BEGINNING AND CONTAINING 831 .00 ACRES MORE OR LESS.
THE ABOVE DESCRIBED TRACT BEING SUBJECT TO ANY AND ALL EXISTING
EASEMENTS, RESTRICTIONS, COVENANTS OR RIGHTS-OF-WAY, WHETHER OF
RECORD OR PRESCRIPTION.
AND
A PART OF THE FRACTIONAL SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 31 , TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
TO-WIT: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 31 AND RUNNING THENCE
N87009'20"W 785 .52' TO A FOUND IRON PIN, THENCE NO2°37'31 "E 650.44' TO A
FOUND IRON PIN, THENCE S8701010311E 787.44' TO A SET IRON PIN, THENCE
S87010'03 "E 884.36' TO A FOUND IRON PIN, THENCE S02036'50"W 650.79' TO A FOUND
PIPE, THENCE N8700912011W 886.41 ' TO THE POINT OF BEGINNING. CONTAINING IN
ALL 24.97 ACRES, MORE OR LESS . SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-
WAY OF RECORD, IF ANY.
Washington County, AR
I certify this instrument was filed on
12/23/2008 02:29:03 PM
and recorded in Real Est
File Number 2008-00039 2
Bette Stamps - Circui
by
City of Fayetteville Staff Review Form �r0�s
5i90
City Council Agenda Items / V"
and Xp -o`o /(
Contracts, Leases or Agreements SJVA .n_ : c5
8/19/2008 -\ms plht/1
City Council Meeting Date
�7
Agenda Items Only
Jeremy Pate * Planning Operations
Submitted By Division Department
Action Required:
ANX 08-2897 (Southpass Development, 673-676): Submitted by Appian Centre for Design for property located west
of 1-540 and Cato Springs Road. The property is in the Planning Area and contains approximately 855.97 acres. The
request is to annex the subject property into the City of Fayetteville.
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
Previous Ordinance or Resolution #
Department director Date
v Original Contract Date:
p ( - 0z Original Contract Number:
City Attorney Date
Q Received in City
T Q a ' 'I -or Clerk's Office
Finance and Internal Service Director Date
Received in TfAEO
l Mayor's Office ���d0
Mayor Date
Comments:
01-7 Vic
Revised April 16 2007
,
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: Jeremy C. Pate, Director of Current Planning
Date: July 31 , 2008
Subject: Annexation for SouthPass (ANX 08-2897)
RECOMMENDATION
Planning staff and the Planning Commission recommend approval of the subject
annexation request for approximately 855 .97 acres of property located west of I-540 and
Cato Springs Road.
BACKGROUND
The overall SouthPass property consists of approximately 910 acres located south of the .
City of Fayetteville on the west side of Interstate 540 and west of Cato Springs Road
(State Highway 265). A majority of the property is in unincorporated Washington
County (855.97 acres), and a portion is within the City limits (54 acres) and zoned R-A,
Residential Agricultural. Access to the site from I-540 is off of Exit 60, the southernmost
access into Fayetteville. The property is less than one mile from the University of
Arkansas campus and two miles from downtown Fayetteville. The site has been used for
agricultural and rural residential uses over the years and consists of rolling hills and
pasture along the lower portions of the site adjacent to Cato Springs Road. The
SouthPass property has been previously identified for a number of years as the site for a
new 200+ acre regional park and as a growth area on the City Plan 2025 Future Land Use
Plan.
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.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX 08-2897
(CC2008-38), FOR PROPERTY LOCATED WEST OF I-540
AND CATO SPRINGS ROAD, CONTAINING
APPROXIMATELY 855.97 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, as shown in Exhibit "A" and depicted 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 1 That the official zoning map of the City of Fayetteville, Arkansas is hereby
amended to assign the zoning designation of R-A, Residential Agricultural to the subject
property.
Section 4: That the above-described property is hereby assigned to Ward No. Four.
PASSED and APPROVED this of 12008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
Page 2
Ord.
EXHIBIT "B"
ANX 08-2897
LEGAL DESCRIPTION OF ANNEXATION AREA
A TRACT OF LAND TO BE ANNEXED INTO THE CITY OF FAYETTEVILLE,
ARKANSAS AND GENERALLY FALLING WITHIN SECTIONS 30 AND 31 OF
TOWNSHIP 16 NORTH , RANGE 30 WEST, AND SECTIONS 25 AND 36 OF TOWNSHIP
16 NORTH, RANGE 31 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON
COUNTY, ARKANSAS. THE ABOVEMENTIONED TRACT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF TH E FRACTIONAL NORTHWEST
QUARTER (NW1 /4) OF THE SOUTHWEST QUARTER (SWI /4) OF THE AFORESAID
SECTION 30;
THENCE COINCIDENT WITH THE NORTHERN LINE OF SAID NORTHWEST
QUARTER (NW1 /4) OF THE SOUTHWEST QUARTER (SWI /4) OF SECTION 30, SOUTH
87015' 10" EAST FOR A DISTANCE OF 1834.34 FEET TO THE NORTHWEST CORNER OF
THE NORTHEAST QUARTER (NEI /4) OF THE SOUTHWEST QUARTER (SW 1 /4) OF
THE AFORESAID SECTION 30;
THENCE COINCIDENT WITH THE NORTHERN LINE OF THE NORTHEAST QUARTER
(NEI /4) OF THE SOUTHWEST QUARTER (SWI /4) OF SECTION 30, SOUTH 87015110"
EAST FOR A DISTANCE OF 1315.53 FEET TO THE NORTHEAST CORNER OF THE
NORTHEAST QUARTER (NE114) OF THE SOUTHWEST QUARTER (SWI /4) OF THE
AFORESAID SECTION 30;
THENCE COINCIDENT WITH THE NORTHERN LINE OF THE NORTHEAST QUARTER
(NWI /4) OF THE SOUTHEAST QUARTER (SEI /4) OF SECTION 30, SOUTH 87015'10"
EAST FOR A DISTANCE OF 1315.53 FEET TO THE NORTHWEST CORNER OF THE
NORTHEAST QUARTER (NEI /4) OF THE SOUTHEAST QUARTER (SEI /4) OF THE
AFORESAID SECTION 30:
THENCE COINCIDENT WITH THE NORTHERN LINE OF THE NORTHEAST QUARTER
(NEI /4) OF THE SOUTHEAST QUARTER (SEI /4) OF SECTION 30, SOUTH 87015110"
EAST FOR A DISTANCE OF 1315 .53 FEET TO THE NORTHEAST CORNER OF THE
NORTHEAST QUARTER (NEI /4) OF THE SOUTHEAST QUARTER (SEI /4) OF-THE
AFORESAID SECTION 30;
THENCE LEAVING SAID NORTHERN LINE, COINCIDENT WITH THE EASTERN LINE
OF THE NORTHEAST QUARTER (NEI /4) OF THE SOUTHEAST QUARTER (SEI /4) OF
SECTION 30, SOUTH 02033103 " WEST FOR A DISTANCE OF 1320.46 FEET TO THE
NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SEI /4) OF THE SOUTHEAST
QUARTER (SEI /4) OF THE AFORESAID SECTION 30;
THENCE COINCIDENT WITH THE EASTERN LINE OF THE SOUTHEAST QUARTER
(SEI /4) OF THE SOUTHEAST QUARTER (SEI /4) OF SECTION 30, SOUTH 02033103 "
WEST FOR A DISTANCE OF 1320.46 FEET TO THE SOUTHEAST CORNER OF THE
SOUTHEAST QUARTER (SEI /4) OF THE SOUTHEAST QUARTER (SEI /4) OF THE
AFORESAID SECTION 30;
Page 3
Ord.
EXHIBIT "B"
ANX 08-2897
THENCE LEAVING SAID EASTERN LINE, COINCIDENT WITH THE SOUTHERN LINE
OF SOUTHEAST QUARTER (SEI /4) OF THE SOUTHEAST QUARTER (SEI /4) OF
SECTION 30, NORTH 87014'32" WEST FOR A DISTANCE OF 1322.98 FEET TO THE
SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SEI /4) OF THE SOUTHEAST
QUARTER (SE 1 /4) OF THE AFORESAID SECTION 30;
THENCE LEAVING SAID SOUTHERN LINE, COINCIDENT WITH THE EASTERN LINE
OF NORTHWEST QUARTER (NW I /4) OF THE NORTHEAST QUARTER (NEI /4) OF
SECTION 31 , SOUTH 03° 10'31 " WEST FOR A DISTANCE OF 1314.09 FEET TO THE
SOUTHEAST CORNER OF THE NORTHWEST QUARTER (NW1 /4) OF THE
NORTHEAST QUARTER (NEI /4) OF THE AFORESAID SECTION 31 ;
THENCE COINCIDENT WITH THE EASTERN LINE OF THE SOUTHWEST QUARTER
(SWI /4) OF THE NORTHEAST QUARTER (NEI /4) OF SECTION 31 , SOUTH 03010'31 "
WEST FOR A DISTANCE OF 1314.09 FEET TO THE SOUTHEAST CORNER OF THE
SOUTHWEST QUARTER (SWI /4) OF THE NORTHEAST QUARTER (NEI /4) OF THE
AFORESAID . SECTION 31 ;
THENCE SOUTH 02056'56" WEST FOR A DISTANCE OF 39.83 FEET TO A POINT ON
THE NORTHERN RIGHT-OF-WAY LINE FOR SOUTH CATO SPRINGS ROAD AS
EXISTING ;
THENCE COINCIDENT WITH SAID RIGHT-OF-WAY LINE, SOUTH 47024143 " WEST
FOR A DISTANCE OF 246.67 FEET TO A POINT;
THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 87030'29" WEST FOR A
DISTANCE OF 120.91 FEET TO A POINT;
THENCE SOUTH 33000'07" WEST FOR A DISTANCE OF 99.00 FEET TO A POINT;
THENCE NORTH 51059'53 " WEST FOR A DISTANCE OF 528.00 FEET TO A POINT ON
THE SOUTHERN LINE OF THE SOUTHWEST QUARTER (SW 1 /4) OF THE NORTHEAST
QUARTER (NEI /4) OF THE AFORESAID SECTION 31 ;
THENCE COINCIDENT WITH SAID SOUTHERN LINE OF THE SOUTHWEST QUARTER
( SW 1 /4) OF THE NORTHEAST QUARTER (NEI /4) OF SECTION 31 , NORTH 86059'53 "
WEST FOR A DISTANCE OF 542 .91
FEET TO THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER (SWI /4) OF
THE NORTHEAST QUARTER (NEI /4) OF THE AFORESAID SECTION 31 ;
THENCE COINCIDENT WITH THE SOUTHERN LINE OF THE SOUTHEAST QUARTER
(SEI /4) OF THE NORTHWEST QUARTER (NW1 /4) 01, SAID SECTION 31 , NORTH
87009'20" WEST FOR A DISTANCE OF 423 .69 FEET TO A POINT;
THENCE LEAVING SAID SOUTHERN LINE, NORTH 02036'50" EAST FOR A DISTANCE
OF 650.79 FEET TO A POINT.;
THENCE NORTH 87010'03 " WEST FOR A DISTANCE OF 1671 . 80 FEET TO A POINT;
THENCE SOUTH 02°37'31 " WEST FOR A DISTANCE OF 650.44 FEET TO A POINT ON
THE SOUTHERN LINE OF THE FRACTIONAL SOUTHWEST QUARTER (SW 1 /4) OF
THE NORTHWEST QUARTER (NW 1 /4) OF THE AFORESAID SECTION 31 ;
THENCE COINCIDENT WITH THE SOUTHERN LINE OF THE FRACTIONAL
SOUTHWEST QUARTER (SWI /4) OF THE NORTHWEST QUARTER (NW 1 /4) OF
SECTION 31 , NORTH 87009'20" WEST FOR A DISTANCE OF 963 .77 FEET TO THE
Page 4
Ord.
EXHIBIT `B"
ANX 08-2897
SOUTHWEST CORNER OF THE FRACTIONAL SOUTHWEST QUARTER (SW 1 /4) OF
THE NORTHWEST QUARTER (NW 1 /4) OF THE AFORESAID SECTION 31 . SAID
CORNER BEING ALSO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER
(SEI /4) OF THE NORTHEAST QUARTER (NEI /4) OF SECTION 36 AND DESIGNATING
THE DIVIDING LINE BETWEEN RANGES 30 AND 31 WEST;
THENCE COINCIDENT WITH THE SOUTHERN LINE OF THE SOUTHEAST QUARTER
(SEI /4) OF THE NORTHEAST QUARTER (NEI /4) OF SECTION 36, NORTH 87003118"
WEST FOR A DISTANCE OF 962.79 FEET TO A POINT;
THENCE NORTH 03006'30" EAST FOR A DISTANCE OF 249.93 FEET TO A POINT;
THENCE NORTH 86053 '02" WEST FOR A DISTANCE OF 350.00 FEET TO A POINT ON
THE WESTERN LINE OF THE SOUTHEAST QUARTER (SEI /4) OF THE NORTHEAST
QUARTER (NEI /4) OF SAID SECTION 36;
THENCE COINCIDENT WITH THE WESTERN LINE OF THE SOUTHEAST QUARTER
(SEI /4) OF THE NORTHEAST QUARTER (NEI /4) OF SECTION 36, NORTH 01047126"
EAST FOR A DISTANCE OF 1060.68 FEET TO THE SOUTHEAST CORNER OF THE
NORTHWEST QUARTER (NW 1 /4) OF THE NORTHEAST QUARTER (NEI /4) OF THE
AFORESAID SECTION 36: THENCE NORTH 87016'27" WEST FOR A DISTANCE OF
1343 .38 FEET TO A POINT; THENCE NORTH 04002'35 " EAST FOR A DISTANCE OF
72.47 FEET TO A POINT; THENCE NORTH 11 ° 19'49" EAST FOR A DISTANCE OF 40.24
FEET TO A POINT; THENCE ALONG THE ARC OF A CURVE TO THE LEFT FOR A
DISTANCE OF 90.32 FEET TO A POINT. SAID CURVE HAVING A RADIUS OF 101 .22
FEET WITH A CHORD WHICH BEARS NORTH 24009'50" WEST FOR A DISTANCE OF
87 .35 FEET TO SAID POINT; THENCE NORTH 48044' 10" WEST FOR A DISTANCE OF
34.21 FEET TO A POINT; THENCE ALONG THE ARC OF A CURVE TO THE LEFT FOR
A DISTANCE OF 160.88 FEET TO A POINT. SAID CURVE HAVING A RADIUS OF 215 .87
FEET WITH A CHORD WHICH BEARS NORTH 67002'42 " WEST FOR A DISTANCE OF
157 . 18 FEET TO SAID POINT;
THENCE NORTH 89017'23 " WEST FOR A DISTANCE OF 123 .09 FEET TO A POINT;
THENCE NORTH 87011 '38" WEST FOR A DISTANCE OF 161 .28 FEET TO A POINT;
THENCE NORTH 01057'34" EAST FOR A DISTANCE OF 1055 .60 FEET TO A POINT;
THENCE SOUTH 87°31 '37" EAST FOR A DISTANCE OF 1230.87 FEET TO A POINT;
THENCE NORTH 17008'05 " EAST FOR A DISTANCE OF 157 .76 FEET TO A POINT;
THENCE NORTH 23029'30" EAST FOR A DISTANCE OF 127.51 FEET TO A POINT;
THENCE NORTH 02025'44" EAST FOR A DISTANCE OF 131 .20 FEET TO A POINT;
THENCE NORTH 30029' 11 " WEST FOR A DISTANCE OF 198 .42 FEET TO A POINT;
THENCE NORTH 16015'45 " WEST FOR A DISTANCE OF 180.52 FEET TO A POINT;
THENCE NORTH 03000'58 " EAST FOR A DISTANCE OF 113 .62 FEET TO A POINT;
THENCE NORTH 14013'54" EAST FOR A DISTANCE OF 202. 18 FEET TO A POINT;
THENCE NORTH 24°51 '02" WEST FOR A DISTANCE OF 100.73 FEET TO A POINT;
THENCE NORTH 08041 ' 17" EAST FOR A DISTANCE OF 110. 59 FEET TO A POINT;
THENCE NORTH 67053'42 " EAST FOR A DISTANCE OF 173 .71 FEET TO A POINT;
Page 5
Ord.
EXHIBIT "B"
ANX 08-2897
THENCE NORTH 87018'22" WEST FOR A DISTANCE OF 147.50 FEET TO A POINT;
THENCE NORTH 01 028'04" EAST FOR A DISTANCE OF 659. 86 FEET TO A POINT;
THENCE SOUTH 87013'07 " EAST FOR A DISTANCE OF 660.25 FEET TO A POINT;
THENCE NORTH 01 027'39" EAST FOR A DISTANCE OF 675.06 FEET TO THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER (NEI /4) OF THE SOUTHEAST
QUARTER (SEI /4) OF SECTION 25 ;
THENCE COINCIDENT WITH THE NORTHERN LINE OF THE NORTHEAST QUARTER
(NEI /4) OF THE SOUTHEAST QUARTER (SEI /4) OF SAID SECTION 25, SOUTH
87009'38" EAST FOR A DISTANCE OF 1314.52 FEET TO THE NORTHEAST CORNER OF
THE NORTHEAST QUARTER (NEI /4) OF THE SOUTHEAST QUARTER (SEI /4) OF
SECTION 25 ; THENCE SOUTH 02°25'51 " WEST FOR A DISTANCE OF 36.60 FEET TO
THE POINT OF BEGINNING AND CONTAINING 831 .00 ACRES MORE OR LESS.
THE ABOVE DESCRIBED TRACT BEING SUBJECT TO ANY AND ALL EXISTING
EASEMENTS, RESTRICTIONS, COVENANTS OR RIGHTS-OF-WAY, WHETHER OF
RECORD OR PRESCRIPTION.
AND
A PART OF THE FRACTIONAL SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 31 , TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
TO-WIT: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 31 AND RUNNING THENCE
N87009'20"W 785.52' TO A FOUND IRON PIN, THENCE NO203731 "E 650.44' TO A
FOUND IRON PIN, THENCE S87010'03"E 787 .44' TO A SET IRON PIN, THENCE
S87° 10'03 "E 884.36' TO A FOUND IRON PIN , THENCE S02036'50"W 650.79' TO A FOUND
PIPE, THENCE N87009'20"W 886.41 ' TO THE POINT OF BEGINNING. CONTAINING IN
ALL 24.97 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-
WAY OF RECORD, IF ANY.
¶ettevffle
ARKANSAS
PC Meeting of July 28, 2008
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: July '� "> w Updated July 31, 2008
ANX 08-2897: (SOUTHPASS DEVELOPMENT, 632): Submitted by APPIAN CENTER FOR
DESIGN for property located WEST OF I-540 AND SOUTH OF HWY 62W. The property is in the
Planning Area and contains approximately 855.97 acres. The request is to annex the subject
properties into the City of Fayetteville. Planner: Andrew Gamer
t • N��HsZ1i11►11]l
SouthPass Development Background:
Fayetteville Parks and Recreation Master Plan
In April 2000, the City conducted a series of public meetings and a public survey as part of the 10
Year Master Plan for Fayetteville Parks and Recreation. The results of the public survey and
meetings were incorporated into the 10 Year Master Plan, which went through Parks and Recreation
Advisory Board, Planning Commission, and was adopted by City Council on February 19, 2002;
The findings in the 10 Year Master Plan included a desire to create a city wide network of trails,
provide more neighborhood parks, preserve open space, and build a multi -sport complex (regional
park). In addition to sports facilities, the regional park was identified to have other amenities such as
pavilions, picnic areas, playgrounds, aquatic features, trails, volleyball, tennis, nature areas,
children's areas, horseshoes, an amphitheatre and much more.
Regional Park Site Selection
As a result of the adopted 10 Year Master Plan, in December 2002, Fayetteville Parks and Recreation
staff identified 18 sites to evaluate for.Fayetteville's new regional park. The sites were evaluated and
analyzed based on a number of different variables, and on August 3, 2003 the Parks and Recreation
Advisory Board determined.that the most suitable location for the regional park was located in south
Fayetteville, on the west side of I-540 and Cato Springs Road, referred to as the Cummings property,
now referred to as the SouthPass property.
K:IReports12008IPC Reporls114 - July 28 ANX 08-2897 (SoulhPass).doc
Regional Parks Land Acquisition
Based on the results of the site selection, the Parks Recreation Advisory Board appointed three
members to work with staff to determine several possible funding methods for purchase and
development of this land. Through this process it was determined that the funding should take place
through a public/private partnership. A request for proposals (RFP 04-13) was advertised by the City
in May 2004 requesting interested developers to submit a proposal to purchase the Cummings
property land for the regional park and deed a minimum of 200 acres for the future development of a
regional park. The SouthPass Development proposal was reviewed and selected on September 7,
2004. Resolution 138-04 was approved by City Council and authorized the Mayor to execute an
agreement with SouthPass Development Company to accept 200 acres of park land, a 10 -acre water
tank site, one million dollars for park land development, and other consideration for the City's
acceptance of ownership of a 22 -acre landfill. The remaining acreage surrounding the future park
would be used for a mixed neighborhood development, within the City of Fayetteville.
Current SouthPass Status
Since June 10, 2004 City staff has been working with SouthPass Development Company to create a
master plan for the park. A conceptual plan was approved by the Parks and Recreation Advisory
Board in May 2007. Parks and Recreation staff anticipates receiving the deed for the park land
within the next few months, subsequent to the annexation and PZD process. The applicant now
proposes to annex the site: into the City and have the property rezoned for a Residential Planned
Zoning District (R-PZD) to allow for a new urban center and population center for Fayetteville with
4,320 attached and detached., planned dwellings as well as 344,000 square feet of non-
residential/commercial space, in addition to the 200+ acres of regional parkland and approximately
247 acres of permanently preserved open space. On February 19, 2008 the City Council passed a
resolution to allow the SouthPass PZD to be submitted prior to annexation into the City.
Property Description:
The overall SouthPass property consists of approximately 910 acres located south of the City of
Fayetteville on the west side of Interstate 540 and west of Cato Springs Road (State Highway 265).
A majority of the property is in unincorporated Washington County (855.97 acres), and a portion is
within the City limits (54 acres) and zoned R -A, Residential Agricultural. Access to the site from I-
540 is off of Exit 60, the southernmost access into Fayetteville. The property is less than one mile
from the University of Arkansas campus and two miles from downtown Fayetteville. The site has
been used for agricultural and rural residential uses over the years and consists of rolling hills and
pasture along the lower portions of the site adjacent to Cato Springs Road.
The property is surrounded by rural residential, agricultural, and undeveloped land in unincorporated
Washington County to the north, west, and south. There is some adjacent property to the east and
north in the City of Fayetteville that is zoned R -A, Residential Agricultural. The City of Farmington
is located approximately 1-2 miles to the west of the site.
Proposal: The applicant proposes annexation of 855.97 acres into the City of Fayetteville.
K:IReportsUOO&PC ReporuL4 - July 28W NX 08-2897 (SouhPass).doc
INFRASTRUCTURE:
Streets: The site has access to Cato Springs Road. Cato Springs Road is currently an
improved two lane paved state highway. Street improvements will be evaluated with
the proposed development.
Water: Public water is adjacent to the site. There is an 8 -inch water main along Cato Springs
Road. There are also water storage tanks located on this site that are fed by a 30 -inch
transmission main. The capacity of the existing system will need to be studied at the
time of development.
Sewer: Sanitary sewer is not available to the site. Off -site improvements will be required to
bring sewer to this site. Improvements to the existing sewer system may be required
dependent upon the demand placed by the development. The capacity of the existing
main may need to be studied at the time of development.
Fire: The subject property is located approximately 2.2 miles from Engine 6 located,at 900
South Hollywood with a projected response time of 5 minutes. The Fire Department
discussed that the SouthPass annexation will affect response times along with calls
for service in this part of the city. The number of residents proposed in this
development alone would put the Fire Department in one of the threshold points for
expansion. The developers have expressed interest in helping the fire department:
reserve .a suitable location for a fire station within their development and:have
identified a tentative location on their plans.
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 and appreciable increase in traffic danger and congestion in
the area. The police department has discussed with the developers the need for a new
police substation and a tentative location has been identified on the plans.
RECOMMENDATION:
Staff recommends forwarding the requested annexation with a recommendation for
approval based on the findings included as part of this report.
MANNINGCOMMISSION ACTION ;,Required "' IVES
3'!3, ifi .. ♦ ; { I it i M la ( J 3
' X Forty arded ❑ Denied .
DF�Caa�.1t�e,• July 282008 l,,Motion. Anthes
� s 4 Second: Graves • f P
f ,. .; =Vote r6 -0-0
yxt• Y., C t Ju .P f V i,
CITY COUNCIL ACTION: '' ` ;;' 'Required YES`y ` x` : t
r� x -r , s ' '• q ❑ "Approved �. ❑ Denied r _ e
t
Date:`.`A igust 19,'2008 (151'readine.if•recomniended) r r r
J..
"--
K IReponr120081PC Reportsll4 - July 28UNX 08-2897 (SouthPas4.doc_
LAND USE PLAN: General Plan 2025 identifies this property within the Planning Area as a City
Neigh borhood Area, Civic and Private Open Space/Parks, and Residential Neighborhood Area.
These designations indicate a dense primarily residential urban fabric with mixed uses and a wide
range of residential building types and encourage compact, complete, and connected neighborhoods.
The City and Private Open Space/Areas indicates permanently dedicated open space or parkland,
which was anticipated as part of the planned Regional Park for the site.
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 surrounded on all sides by undeveloped agricultural and
forested hillsides and sparely populated rural residential land uses. This area is not
-considered urban in character but has been previously identifiedas the preferred
site for a regional park and mixed use center by the City Council and has been
included as a major growth area on the Future Land Use Plan adopted by the
Planning Commission and City Council.
' 2. Areas that can be developed at urban densities.
a
Finding: Portions of the subject property can be developed at urban densities and has been
identified as a growth area on the Future Land Use Plan. The SouthPass project
has been anticipated and planned for a number of years by City staff and
administration. Substantial street and infrastructure improvements will be
required at the time of development, in order for the project to function properly.
The site is adjacent to on/off ramps of I-540, which provides convenient and efficient
transportation for future residents, business and park visitors.
3. Immediate areas are those that are peninsulas or islands, where municipal services have
already been extended.
Finding: There is an existing water tank located on the subject property and available to the
subject development, and the adjacent street is an improved two-lane highway. The
developer is planning on providing sewer from sewer transmission lines being
installed in association with the Wastewater Treatment Plant Project. This
annexation would establish a new southern boundary for the City of Fayetteville
and would support a new urban center and population growth area, as anticipated
for a number of years in the adopted Future Land Use Plan. As stated in Finding
No. 2, street and infrastructure and public service improvements (including new
police and fire stations) will be required as SouthPass builds out, however adequate
infrastructure largely exists to begin the first phases of development.
4. Vacant lands that are subject to development pressure.
K:1ReporIs120081PC Reporisll4 - July 28UNX 08-2897 (Sou4�Passj.doc
Finding: As described in the background of this report and stated in Finding No. 2 the
SouthPass project has been anticipated for a number of years by the City and has
been included in the Future Land Use Plan as an area intended for City growth.
The site is located adjacent to the major regional transportation corridor, I-540,
which affords a higher intensity and density of land use patterns. The SouthPass
project proposes a new urban center for the City of Fayetteville and approximately
4,320 residential units and 344,000 square feet of non-residential space, in addition
to the community park.
5. Areas where urban services are already provided.
Finding: Surrounding properties are largely undeveloped in a rural -residential and
agricultural pattern. However, City services including water, police and fire are
provided to adjacent property to the north.
6. Areas where urban services are needed.
Finding: This area is largely undeveloped and is not in immediate need of urban services.
Improvements to urban services will be needed to develop the subject property.
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 in combination with the Frank Sharp annexation to the
northeast will create an island of unincorporated property to the north, if both are
approved. Although the creation of islands are not typically recommended because
of efficiency of public services, the SouthPass and Frank Sharp annexations are
desired to create a more contiguous southern boundary for the City, and to provide
a City boundary that extends from Cato Springs Road all the way to Holland Drive,
and north to State Highway 62 (6'h Street). Further, the island created is sparsely
populated and not easily accessed at this time; calls for service are likely very low.
Additionally, the SouthPass annexation has been anticipated for a number of years
and is identified in the City's Future Land Use Plan as an anticipated growth area.
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 east.
12.3.5.c Areas should either include or exclude entire subdivisions or neighborhoods, not
divide.
Finding: The subject property is not a part of a platted subdivision.
K. lReporis12008V'C Reports114- July 2841 NX 08-2897 (SouthPass).doc
12.3.5.d Boundaries for annexed areas should follow natural corridors.
Finding: Proposed boundaries follow property lines of the existing parcels and right-of-way.
12.3.5.e The provisions of services should be concurrent with development.
Finding: Public services will be required to be provided concurrent with development in
accordance with Fayetteville Unified Development Code requirements.
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: This area has been identified on the Future Land Use Plan as a City Neighborhood
Area, Civic and Private Open Space/Parks, and Residential Neighborhood Area. A
majority of this site is also within the Hillside Hilltop Overlay District (HHOD).
This area contains an environmentally sensitive area with a number of natural
resources including natural landforms, densely forested areas, streams, a number of
informal hiking and mountain biking trails and wildlife. There are several
properties in the area south of State Highway 62 in these local mountains that have
been placed within conservation easements. The associated SouthPass development
incorporates a number of these environmental features into the design of the project
and leaves a majority of the site in permanently preserved greenspace. The
proposed R-PZD Master Development Plan allows for preservation and
rehabilitation of many sensitive areas on this property, consistent with this policy.
Development regulations within the City are better suited to protect the
environmentally sensitive areas than those in the County.
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 available to this property and will need to be evaluated for
improvements at the time of development. Sewer will have to be extended as the
SouthPass development builds out, new Police and Fire stations will need to be
provided and the Master Development Plan has identified.a tentative location for
these stations. Impacts to public services will be adequately addressed with
improvements required with development.
12.3.5.h Annexed areas should receive the same level of service of areas already in the city
limits.
Finding: Fire service response time is anticipated at five minutes from Engine 6 located at
900 South Hollywood off of 6`" Street. As discussed in previous findings,
improvements to all public services will be required with the development of
SouthPass to ensure that appropriate levels of service are provided.
K:IReportr120081PC Reporull4 - July 28UNX 08-2897 (SouhPass).doc
12.3.5.i The ability to provide public services should be evaluated in terms of
equipment, training of personnel, number of units and response time.
Finding: These factors were taken into consideration in the responses and
recommendations included in this report. .
INFRASTRUCTURE AND UTILITIES
12.3.5.] Areas currently served by utilities and other public services should be annexed.
Finding: Sewer service is not currently available to this property, though there is an existing
water tank on the site. Land to the east is located within the City limits and is
currently covered by City Police and Fire service. Improvements to provision of
services will be required at the time of development.
I2.3.5.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 development of this property will result in an increased demand on
the existing infrastructure systems. Improvements to sewer, street, Police and Fire
service would be needed by the annexation with development on the subject
property.
12.3.5.1 Phased annexation should be initiated by the City within active annexation areas
based on planned service extensions oravailability 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.o Develop a land use plan for annexation initiated by the city.
Finding: N/A
12.3.5.p Designate zoning districts for the property during the annexation process.
Finding: The applicants have requested that the property be rezoned to R-PZD if the
K. tRepons%20081PC Reports&14 - July 28L4NX08-2897 (SouWsPass).doc
annexation request is approved.
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. Comments from each department have been
provided herein.
12.3.5.r Development proposals require a separate review from the annexation proposals.
Finding: Development of this property has been proposed and is being reviewed under a
separate R-PZD application.
12.3.5.s Residents should be fully informed of annexation activities.
Finding: Adjoining neighbors have been notified of the annexation request and a public
notice sign has been placed on the property. A legal ad and display have both. been . . -.
submitted with a local newspaper prior to the Planning Commission meeting for
which this item is scheduled.
12.3.5.t Encourage larger annexations to create acceptable boundaries.
Finding: The proposed SouthPass annexation combined with the Frank Sharp annexation
adjacent to the.northeast would annex over 880 acres into the City. The SouthPass
property combined with the Frank Sharp annexation would create a more desirable
city boundary than if either property were annexed separately. The subject
properties create a link between Cato Springs Road and Holland Drive to the west
and State Highway 62 to the north.
12.3.5.0 Conduct a fiscal impact assessments on large annexations.
Finding: Though the proposal constitutes a rather large annexation, staff has not conducted a
fiscal impact assessment for this annexation of 855.97 acres for SouthPass or the
53.23 acres for Frank Sharp. It is anticipated that the City will provide a level of
support for infrastructure improvements, due to the extent of the City's Community
Park proposed on the site and the contract agreement that states the City will cost
share (50/50) all costs of extending sewer to the Community Park Site. A
supplemental cost share agreement will be submitted for consideration by the City
Council to better understand the fiscal impact of the proposed annexation and
development.
Date 1/31/08
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to the request for a determination of whethecthe proposed
ANX,08-2897: (South Pass Development, 632): Submitted by Appian Center for
Design for property located would substantially alter the population density.and
thereby undesirably increase the load on public services and create an appreciable
-increase in traffic danger and congestion. The property contains approximately 825.0
acres.
It is the opinion of the Fayetteville Police Department that this ANX 08-2897 will not
substantially alter the population density, and will not create an appreciable or
undesirable increase in the load on police services. This ANX will not create an
appreciable increase in traffic danger and congestion.
Sincerely,
Captain William Brown
•
Fayetteville Police Department
Engineering Division commei-s'- Matt Casey
ANX 08-2899: (FRANK SHARP, 631 /632?): Submitted by APPIAN CENTER FOR DESIGN for
property located S OF HWY 62W. The property is in the Planning Area and contains approximately
53.53 acres. The request is to annex the subject properties into the City of Fayetteville. Planner: Andrew
Garner
RZN 08-2900: (FRANK SHARP, 631/632?): Submitted by APPIAN CENTER FOR DESIGN for
property located S OF HWY. 62W. The property is in the Planning Area and contains approximately
53.53 acres. The request is to rezone the subject property to RSF-1, RESIDENTIAL SINGLE FAMILY,
I UNIT PER ACRE. Planner: Andrew Gamer
Public water is not available to this site. The nearest water is a 6" water main at Wolfdale Rd. which is
about 1,000 feet to the south of this property. The capacity of the existing main may need to be studied at
the time of development
Sanitary sewer is not available to the site. The nearest sewer is a 6" sewer main at Holland Dr. and
Holsten which is about 1,600 feet to the north of this property. Improvements to the sewer system may be
required dependent upon the demand placed by the development. The capacity of the existing main may
need to be studied at the time of development
The site has access to Holland Drive and Wolfdale Road. Both are currently un-improved two lane roads.
Street improvements will be evaluated with the proposed development.
Standard improvements and requirements for drainage will be required for the development. This
property is not affected by the 100 -year floodplain.
ANX 08-2897: (SOUTH PASS DEVELOPMENT, 632): Submitted by APPIAN CENTER FOR
DESIGN for property located WEST OF 1-540 AND SOUTH OF HWY 62W. The property is in the
Planning Area and contains approximately 825.00 acres. The request is to annex the subject properties
into the City of Fayetteville. Planner: Andrew Garner
R-PZD 08-2898: Planned Zoning District (SOUTH PASS DEVELOPMENT, 632): Submitted by
APPIAN CENTER FOR DESIGN for property located WEST OF 1-540 AND SOUTH OF HWY 62W
AND NW OF CATO SPRINGS ROAD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL
and contains approximately 910.36acres. The request is for review of a Zoning and Land Use approval
only request for a Residential Planned Zoning District. Planner: Andrew Garner
Public water is located adjacent to the site. There is an 8" water main along Cato Springs Road. There
are also water storage tanks located on this site that are fed by a 30" transmission main. The capacity of
the existing system will need to be studied at the time of development
Sanitary sewer is not available to the site. Off -site improvements will be required to bring sewer to this
site. Improvements to the existing sewer system may be required dependent upon the demand placed by
the development. The capacity of the existing main may need to be studied at the time of development.
The site has access to Cato Springs Road. Cato Springs Road is currently an improved two lane paved
state highway. Street improvements will be evaluated with the proposed development.
Standard improvements and requirements for drainage will be required for the development. This
property is not affected by the 100 -year floodplain.
Fayetteville Fire
Department
ANX 08-2899:
(FRANK SHARP, 631/632?): Submitted by APPIAN CENTER FOR DESIGN for property located S
OF HWY 62W. The property is in the Planning Area and contains approximately 53.53. acres.
The request is to annex the subject properties into the City of Fayetteville.
RZN 08-2900:
(FRANK SHARP, 631/632?): Submitted by APPIAN CENTER FOR DESIGN for property located S
OF HWY. 62W. The property is in the Planning Area and contains approximately 53.53 acres.
The request is to rezone the subject property to RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT
PER ACRE.
This property will be covered by Engine 6 located at 900 S Hollywood.
It is approximately 3.5 miles from the station with an anticipated response time of 7 minutes.
The Fire Department anticipates 9 (6 EMS -3 Fire/other) calls for service once the development is
completed and maximum build out has occurred. The Fayetteville Fire Department feels that
along with the South Pass Development that joins this property that this will affect our response
times along with our calls for service in this part of the city. The developers of Southpass have
expressed interest in helping us locate a suitable location for a fire department within their
development.
ANX 08-2897: (SOUTH PASS DEVELOPMENT, 632): Submitted by APPIAN CENTER FOR
DESIGN for property located WEST OF I-540 AND SOUTH OF HWY'62W. The property is in the
Planning Area and contains approximately 825.00 acres. The request is to annex the subject
properties into the City of Fayetteville
8: Planned Zoning District (SOUTH PASS DEVELOPMENT, 632): Submitted by
APPIAN CENTER FOR DESIGN for property located WEST OF I-540 AND SOUTH OF HWY 62W
AND NW OF CATO SPRINGS ROAD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL
and contains approximately 910.36acres. The request is for review of a Zoning and Land Use
approval only request for a Residential Planned Zoning District.
This property will be covered by Engine 6 located at 900 S Hollywood.
It is approximately 2.2 miles from the station with an anticipated response time of 5 minutes to
the start of this development and approximately 7 minutes to the northern most property line
once the roads are put in place and build out has occurred.
Based on the 3666 total units within this development, the Fire Department anticipates 608 (387
EMS -221 Fire/other) calls for service once the development is completed and maximum build out
has occurred.
The Fayetteville Fire Department feels that this development will affect our response times along
with our calls for service in this part of the city. The number of residents in this development
alone with put us in one of our trigger points for expansion. The developers have expressed
interest in helping us locate a suitable location for a fire department within their development.
If you have any questions concerning these comments please don't hesitate to call me
.Cl& P49 1 & Captain, Fayetteville Fire Department
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH SOUTHPASS DEVELOPMENT COMPANY TO
ACCEPT 200 ACRES OF PARK LAND, A 10 ACRE WATER TANK S ITE,
ONE MILLION DOLLARS FOR PARK LAND DEVELOPMENT AND
OTHER CONSIDERATION FOR THE CITY'S ACCEPTANCE OF
OWNERSHIP OF A 33 ACRE LANDFILL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
accepts and approves the Contract with SouthPass Development Company (attached as
Exhibit "A") to accept 200 acres of park land, a 10 acre water tank site, one million
dollars for park land development and other consideration for the City's acceptance of a
33 acre landfill and its agreement to spend the money currently identified in its Parks
Capital Improvement Plan for the community park development.
PASSED and APPROVED this 7s' day of September, 2004.
APPROVED:
ATTEST:
AGREEMENT TO ACQUIRE AND DEVELOP
THE COMMUNITY PARK FOR FAYETTEVILLE
This contract and agreement is entered into by the City of Fayetteville and
SouthPass Development Company, LLC (hereinafter "SouthPass");
Whereas, the City of Fayetteville desires to obtain a 200 acre Community
Park for its citizens and tourists; and
Whereas, the Parks and Recreation Advisory Board has carefully studied
available sites and determined that the Cummings' property is the most
desirable site for the Community Park; and
Whereas, The City of Fayetteville does not have the current resources to
both purchase the necessary acreage and develop such acreage into a
functioning, attractive Community Park and so publicly requested proposals
from developers for a public/private partnership to facilitate the acquisition and
development of the Community Park; and
Whereas, SouthPass Development Company, LLC submitted a workable,
attractive proposal which was selected by the City's selection committee as the
recommended proposal.
NOW, THEREFORE, pursuant to the terms and conditions of the City's
Request for Proposals and SouthPass Development Company, LLC's
recommended Proposal, the City and SouthPass agree as follows:
1. Upon approval of this contract by the Fayetteville City Council and
SouthPass Development Company, LLC and the accomplishment of all
contingencies listed below, SouthPass shall tender to the trustee/owners of the
Eight Hundred Acre (more or less) Cummings property an unconditional offer to
purchase all said property for the sum of Six Million Nine Hundred Thousand
Dollars ($6,900,000.00). The obligation of SouthPass Development Company,
LLC shall not become binding or enforceable until all the below contingencies
have been fully accomplished:
(A) A Master Plan for the development of the approximately 800
acre site has been prepared and approved by SouthPass Development Company
LLC and the City of Fayetteville;
(B) The City Council has annexed or committed itself to annex the
entire 800 acre site;
)
(C) The zoning of the portion of the 800 acre site to be owned by
SouthPass has been accomplished or the City Council has committed itself to
rezone that portion in conformance with the approved Master Plan;
(D) The Greenland School District and Fayetteville School District
have agreed that this entire site shall be within the Fayetteville School District;
(E) The Arkansas Department of Environmental Quality has
'agreed with the present owners of the Cummings landfill and assured the City of
Fayetteville that the costs of the necessary corrective actions for the landfill shall
not be borne by, recovered from, assessed to, or collected from the City of
Fayetteville or SouthPass Development Company, LLC.
2. If this Offer is accepted by the Trustee and the Court, and all others
necessary to accept the offer and legally deed the entire tract of 800 acres, more
or less, SouthPass Development company, LLC shall pay the agreed price to the
trustee/owners and the land shall be conveyed by warranty deed free from all
encumbrances to the following parties:
(A) SouthPass
Development
Company, LLC shall be
deeded the
entire Eight Hundred (800)
acre tract, more
or less, except the 33 acre
landfill;
(B) The City of Fayetteville shall be deeded (free and clear of any
obligation to pay, repay, or otherwise fund the necessary corrective actions for
the landfill: partial or full recapping of the landfill and restoration of the stream
corridor) the Thirty -Three (33) acre abandoned and closed landfill located within
the 800 acre property;
(C). South Pass Development Company LLC shall convey by
warranty deed to the City of Fayetteville a Two Hundred (200) acre parcel for the
Community Park which location shall be determined by the City;
(D) SouthPass Development Company LLC shall convey by
warranty deed the Ten (10) acre City of Fayetteville water tank site to the City of
Fayetteville.
3. To facilitate the preparation of the Master Plan, the City shall
immediately pay for the perimeter survey of the property and the 200 acre
Community Park site.
4. SouthPass shall fund up to $10,000.00 and retain a mutually acceptable
community master planning consultant for recommendations for a Master Plan
for this entire 800 acre area (including the 200 acre Community Park area).
5. The City of Fayetteville shall assist in facilitating the planning, zoning
and other development approval processes which are in accordance with the
mutually acceptable master plan
6. The City of Fayetteville shall recommend to the Fayetteville School
Board and Greenland School Board that this property should be within the
Fayetteville School District.
7. The City of Fayetteville and SouthPass shall cost share (50/50) all costs
of extending sewer to the Community Park site and neither shall charge for the
acquisition of necessary water or sewer easements across their property to serve
their land within this 800 acre area.
• 8. If all the contingencies listed in paragraph 1 have been accomplished
and all the actions listed in paragraph 2 have been achieved, SouthPass
Development Company LLC shall contribute One Million Dollars ($1,000,000.00)
when the City is ready to award the first construction contract utilizing the 2004
and 2005 budgeted CIP allocation as shown in Exhibits A and B*.
Signed this 3l day of..A5&%±t1 2004
SOUTHPASS DEVELOPMENT
COMPANY LLC
NOCK
;ing Member
Attest:
Signed this day of September, 2004.
CITY OF
EVILLE, ARKANSAS
Mayor
Sondra Smith, City Cl : ;FAYETfEVJLLE;
LZSw -
*Attached as Exhibit A are copies of the current Capital Improvement Program adopted last
December by the City Council showing 2004-2008 Parks Development Fund allocations for Community
Park Development (total about $2.4 million) and Sales Tax CIP funds allocated to Community Park
Development (total about $1.2 million).
Attached as Exhibit B is the amount of funds that have been allocated by the City Council that will
be available on January 1, 2005 for development of the Community Park (about $1.6 million).
City of Fayetteville, Arkansas
2004 - 2008 Capital Improvements Program
Reborn ended flanking by Project Category by Year
Year Division
Project Amount
Priority
Parks Development Fund: Parks & Recreation Improvements
2004 Parks'& Recreation Community Park Development
00O
466,000
2005 Parks & Recreation Community Park Development
,473,000 .
2006 Parks & Recreation Community. Park Development
457,000
457,000
2007 ` . Parks & Recreation Community Park Develop
ment 489,000
489,000 2008 •Parks & Recreation Community, Park Development -
X506__ ....
506,000:
3
r
'_•'-:..
. ya.
.I
YT
:
i� Lam.... -
.. �.
�
l
I
ft
City of Fayetteville, Arkansas
Community Park Development Capital Project
Funding 2004/2005
Budgeted
Expenses
Remaining
Budgeted
Total
2004
2004
2004
2005
Available
Parks Development Fund:
2250.9255.5200.00 $
256 $
255 $
1 $
$
1
2250.9255.5301.00 -
45
45
-
•
-
2250.9255.5314.00.
51;300
51,300
(0)
(0)
2250.9255.5806.00
531,049
.2,000
529,049
473,000
1,002,049
582,650
53,600
529,050
473,000
1,002,050
Sales Tax Capital Improvements
4470.9470.5314.00
8,150
-
8,150
8,150
4470.9470.5806.00
275,000
-
275,000
338,000
613,000
283,150
-
283,150
338,000
621,150
$
53,600 $
811,000 $
865,800 $
812,200 $
1,623,200
RECEIVED
OCT 072008
Southpass comments: City Council, Oct. 6, 2008 Barbara Moorman CITY CF FAYETTEVILLE
CITY CLERK'S OFFICE
The city staff says in its recommendation for Southpass approval: .[the project] does not contribute to
sprawl. Urban or suburban sprawl is "the spreading of a city and its suburbs over rural land at the fringe
of an urban area". It's "elimination of rural land by urban development".
What is the city calling this project if not sprawl? "Greenfield development." Greenfield development is
"urban fabric" replacing rural land on the outskirts of a city. ... In other words, sprawl. The houses may
be packed together, but it's still development taking over rural land and it still means people driving to it
and driving from it. It's not next to downtown, medical facilities, mall, court house, city hall, library, etc.
Even though the 2025 plan was written after the Southpass contract was signed, the 2025 plan claims not to
approve of sprawl. So to resolve the contradiction, the city tries to redefine sprawl. Whatever name
they put on it, this project will spread urban development over rural land on the outside edge of a city.
What's wrong with sprawl? It's not good for the community economically, socially, or environmentally.
As for this project in particular....
1) It's not economically sustainable especially in today's chaos and uncertainty. It relies on speculation
and on mortgage subsidies and lending . Sprawl is always expensive to the taxpayers . ... road costs, costs
of police, fire, trash pickup, sewer, water, dealing with more car wrecks because more driving, illness from
more pollution haze and more emotional pressure, etc. Do we know year by year or in 5 year increments,
how much Southpass and the ballfields will cost? Do we know what each element will cost? Can we know
cost estimates are accurate and based on reality? If they're accurate, are they higher than the city can
afford? Are there unforeseen economic problems that ought to be considered? There is no adequate,
detailed economic study of the proposal.
2 It's not environmentally sustainable. How many animals and birds will be driven into smaller and
smaller habitats? How many plant communities will slowly disappear because of changes in the bluff and
forest ecology? The people doing this project don't have any notion what lives on those bluffs or in the
woods. Animal life isn't considered but there are many hundreds of species that live there now. How
much more air pollution haze will this add (remember it's a regional tournament venue plus 11,000 new
inhabitants)? What temperature rise will result from more pavement. This land should not be zoned for
dense development because of springs, shallow ground water, and creeks, and because of the environmental
importance of the higher elevations. This is a massive project and will have massive impact but the city
isn't giving us a study of the impact. It should be our right to know.
3. It's not socially sustainable. Will this subdivision make the city a healthier, tighter -knit community?
Will it further divide the wrong side of the tracks from the parts of town where people are probably
breathing a sigh of relief that this thing isn't going in near them? Whatever your answer is, it can't be
based on a study because there is no study. It can only be based on speculation. Is there a requirement for
public transportation adequate to really reduce car traffic? Where's the mandate for nearby medical
facilities? Does the ordinance include demand for school, hospital, city hall and library annexes? There's
talk of police, fire, etc. but no promises, no requirements, no penalties if hopes aren't fulfilled. How will a
dog park, paved trails, and a noisy amphitheater help the stability and quality of life of this part of town ?
Aren't these features to visit but not to live near? How practical is this scheme really? The plan is for a
huge athletic complex and a lot of other things that might be considered nuisances if they were on Mount
Sequoyah. The "findings" by the staff claim that we rural residents will be adversely impacted by noise,
pollution, lights, etc. Absolutely. But so will the 11,000 people they think will move in. Who on earth
would move there in the first place or stay long enough to create a real community?
It's too bad it's gone this far, but I hope you'll exercise your right to re-examine this plan now.
Page 1 of 1
Clarice Pearman - Ord. 5190
From:
Clarice Pearman
To:
Pate, Jeremy
Date:
12.9.08 2:17 PM
Subject:
Ord. 5190
CC:
Audit; GIS
Attachments:
Audit; GIS
Jeremy:
Attached is a copy of the above ordinance passed by the City Council, November 6, 2008 regarding the annexation for
SouthPass. Please let me know if there is anything else needed for this item. Have a good day.
Clarice
T
RECEIVED
DEC 1 72008
NORTHWEST ARKANSAS EDITION
•a i
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
CITY OF FAYETTEVILLE
CITY CLERKS OFFICE
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of: City of
Fayetteville Ordinance 5190
December 11. 2008
Publication Charge : $344.32
Signed:
Subscribed and sworn to before me
This /5' day of Oee n) , 2008.
Notary Public �
My Commission Expires: /r( 6o
Do not pay from Affidavit, an invoice will be sent
I
- - _
ORDINANCE NO. 6190 yip
AN ORDINANCE ANNEXING THAT PROPERTY
DESCRIBED IN ANNEXATION PETITION ANX OB-
2897 (CC2008-38), FOR PROPERTY LOCATED 1i!
iviTI1e
BE IT ORDAINED BY THE CITY COUNCIL / ! ARKANSAS
OF THE CITY iOF, FAYETTEVILLE,.
ARKANSAS: .. .
Section 1: That the City Council hereby confirms the annexation to the City of Fayetteville, Arkansas,
as shown in Exhibit "A". and depicted In Exhibit 0". attached hereto and made a pad 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., ♦ r d
Section 3: That the official zoning map of the City of Fayetteville, Arkansas Is hereby amet ded to
assign the zoning designation of R -A. Residential Agricultural to the subject property.
Section 4i That the above -described property is hereby assigned to Ward No. Four.
• PASSED andAPPROVED this 6th of November, 2008.Iii
APPROVED: ATTEST:
By: I By. . - - Zk
DAN COODY, Mayer SONDRA E. SMITH, City Clerl/f.aterb
I. -
Exhibit A Is map and may be viewed in the office of the City Cletk/Trea{sbrerduTing normal business
hours. i. EXHIBIT'S"tt t .•
.1 .. I ANX 08.28971 ; r�
LEGAL DESCRIPTION OF ANNEXATION AREA.
A TRACT OF LAND TO BE ANNEXED INTO THE CITY OF FAYETTEVILLE, ARKANSAS AND GEN-
TRACT BEING
NG AT THE NORTHWEST CORNER OF THE FRACTIONAL NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER (SW1/4) OF THE AFORESAID SECTION 30;
THE SOUTHWEST QUARTER (5W114) OF SECTION 30, SOUTH 6715'110- EAST FOH A UISIANGE
OF 1315.53 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE1/4) OF THE
SOUTHWEST QUARTER (SW 114) OF THE AFORESAID SECTION 30: 11
THENCE COINCIDENT WITH THE NORTHERN LINE OF THE NORTHEAST QUARTER (NW1/4) OF
THE SOUTHEAST QUARTER (SE1/4) OF SECTION 30. SOUTH 8701510' EAST FOR A DISTANCE
OF 1315.53 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE114) OF THE
SOUTHEAST QUARTER (SE1/4) OF THE AFORESAID SECTION 30; li!
THENCE COINCIDENT WITH THE NORTHERN LINE OF THE NORTHEAST QUARTER (NE7/4) OF
THE SOUTHEAST QUARTER (SE1/4) OF SECTION 30, SOUTH 87a15.10* EAST FOR A DISTANCE
OF 1315.53 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST. QUARTER (NE1/4) OF THE
SOUTHEAST QUARTER (SE1/4) OF THE AFORESAID SECTION 30; I'j
THENCE LEAVING SAID NORTHERN'LINE, COINCIDENT WITH THE EASTERN LINE OF THE
NORTHEAST QUARTER (NE114) OF THE SOUTHEAST QUARTER (SEII4) OF SECTION 30, SOUTH
0203303' WEST FOR A DISTANCE OF 1320.46 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE1/4) OF THE SOUTHEAST QUARTER (SE114) OF THE AFORESAID SEC-;
THENCE COINCIDENT WITH THE EASTERN UNE OF THE SOUTHEAST QUARTER (SEI/4) OF THE:
SOUTHEAST QUARTER (SE1/4) OF SECTION 30, SOUTH 02°33'03}WEST FORA DISTANCE OF.
1320.46 FEET TO THE SOUTHEAST CORNEA OF THE SOUTHEAST QUARTER (SE114) OF THE:
SOUTHEAST QUARTER (SE1f4) OF THE AFORESAID SECTION 30: i{ k I
THENCE LEAVING SAID EASTERN UNE, COINCIDENT WITH THE SOUTHERN UNE OF SOUTH-
EAST QUARTER (SEV4) OF THE SOUTHEAST QUARTER (SE1/4)fOF SECTION 30, NORTH
WEST FOR A DISTANCE OF 1314.09 FEET TO THE SOUTHEAST C
ST QUARTER (NW1/4) OF THE NORTHEAST QUARTER (NE1/4) OF
31: .
OINCIDENT WITH THE EASTERN LINE OF THE SOUTHWEST QUAF
HENC. SOT O_. DISTANCE O 39.83_E_.._.,
ERN RIGHT-OF-WAY
0Y LINE WESTFOR AGS ROAD FEETXOAPOINTONTHENOflTH-
THE CE COINCIDENT
I HFOPID SOUTH CATO -OSPRINGS 47*S 24' TINE; '
THENCECOINCIDENTWITHSAIDRIGHT, WAY LINE, SOUTH 47°210 WESTFOR.A DISTANCE
THENCE LEAVING
SAID RIP 1.,• r qT� � /
THENCE LEAVING RIGITFOF-WAY LINE, NORTH 87°3027 WEST FOR A DISTANCE OF
12o.91FEETTOAmINT;O`r ' c?' •.'-- .":. jam i
THENCE SOUTH 33°00'W' WEST FOR A DISTANCE OF 99.00 FEET TO A POINT: _
THENCE NORTH 51°59'53' WEST FOR A DISTANCE OF 528.00 FEETiTO A POINT ON THE SOUTH-
ERN LINE OF THE SOUTHWEST QUARTER (SW1/4) OF THE NORTHEAST QUARTER (NE1/4) OF
THE AFORESAID SECTION 31; !I1 t
THENCE COINCIDENT WITH SAID SOUTHERN LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF
THE NORTHEAST QUARTER (NE1I4) OF SECTION 31, NORTH 86°59'53' WEST FOR A DISTANCE
OF 542.91 lt)
FEET TO THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER (SW1/4) OF THE NORTH.
EAST QUARTER (NE1/4) OF THE AFORESAID SECTION 31> 111
THENCE COINCIDENT WITH THE SOUTHERN LINE OF THE SOUTHEAST QUARTER (SE1/4) OF
THE NORTHWEST QUARTER (NW 1I4) OF SAID SECTION 31, NORTH 87°0920' WEST FOR A DIS-
TANCEOF423.69FEETTOAPOINT, SI`
THENCE LEAVING SAID SOUTHERN LINE, NORTH 02'3650' EAST OR A DISTANCE OF 650.79
FEETTOAPOINT;
THENCE NORTH 87°10'03' WEST FOR A DISTANCE OF 1671.80 FEET, TO A POINT;
THENCE SOUTH 02°3731' WEST FOR A DISTANCE OF 650.44 FEET.TO A POINT ON THE SOUTH-
ERN LINE OF THE FRACTIONAL SOUTHWEST QUARTER (SW114) OF THE NORTHWEST QUARTER
CTION 36 ANE
LINE OF THE
THENCE NORTH 03°0630' EAST FOR A DISTANCE OF 249.931
THENCE NORTH 86°53'02' WEST FOR A DISTANCE OF 350.00
ERN LINE OF, THE SOUTHEAST QUARTER (SE1/4) OF THE N
SAID SECTION 36;3x" •.' :'I'+' i'J
THENCE COINCIDENT WITH THE WESTERN LINE OF THE SOU
NORTHEAST QUARTER (NE114) OF SECTION 36, NORTH Old,
1060.68 FEET TO THE SOUTHEAST CORNER OF THE NORTH
NORTHEAST QUARTER (NE1/4) OF THE AFORESAID SECTIC
WEST FOR A DISTANCE OF 1343.38 FEET TO A POINT; THEN
DISTANCE OF 72.47 FEET TO A POINT; THENCE NORTH 11°
40.24 FEET TO A POINT; THENCE ALONG THE ARC OF A CUR
OF 90.32 FEET TO A POINT SAID CURVE HAVING A RADIUS
WHICH BEARS NORTH 24°0950' WEST FORA DISTANCE OF 81
NORTH 46°44I0WEST FORA DISTANCE OF 34.21 FEET TO A
OF A CURVE TO THE LEFT FOR A DISTANCE OF 1 W.88 FEET
I A RADIUS OF 215.87 FEET WITH.A CHORD WHICH BEARS Ni
[F TANCE OF 157.18 FEET TO'SAID POINT: I;
THENCE NORTH 89°1723' WEST FOR A DISTANCE OF 12309
THENCE NORTH 87°1138' WEST FOR A DISTANCE OF 161.28
THENCE NORTH 01 °5734' EAST FOR A DISTANCE OF 1055.6(
THENCE SOUTH 87°31'37' EAST FOR A DISTANCE OF 1230.87
THENCE NORTH 17°0605' EAST FOR A DISTANCE OF 157.76
THENCE NORTH 23°2930' EAST FOR A DISTANCE OF 127.51
THENCE NORTH 02°2544' EAST FOR A DISTANCE OF 131.20
THENCE NORTH 30°29'11' WEST FOR A DISTANCE OF 198.42
THENCENORTH 16°15'45' WEST FOR A DISTANCE OF 180.52
THENCE NORTH 03°0058' EAST FOR A DISTANCE OF 113.62'
THENCE NORTH 14°1354' EAST FOR A DISTANCE OF 202.18
THENCE NORTH 24°51O7 WEST FOR A DISTANCE OF .100.73
THENCE NORTH 08°41'IT EAST FOR A DISTANCE OF 110.59
THENCE NORTH 6P53'4Z EAST FOR A DISTANCE OF 173.71
THENCE NORTH B7°18'27 WEST FOR A DISTANCE OF 147,50
THENCE NORTH 01°28'04' EAST FOR A DISTANCE OF 659.66
THENCE SOUTH 87'130T EAST FOR A DISTANCE OF 660.251
`THENCE NORTH 01°2739' EAST FOR A DISTANCE OF 675.06
NER OF THE NORTHEAST QUARTER (NE1/4) OF THE SOUTF
TION 25; I
THENCE COINCIDENT WITH THE NORTHERN LINE OF THE F
THE SOUTHEAST QUARTER (SE1/4) OF SAID SECTION 25, Si
TANCE OF 1314.52 FEET TO THE NORTHEAST CORNER OF TI
OF THE SOUTHEAST QUARTER (SEI/4) OF SECTION 25; THEN
DISTANCE OF 36.60 FEET TO THE POINT OF BEGINNING I
MORE OR LESS. -"
THE ABOVE DESCRIBED TRACT BEING SUBJECT TO ANYI
( RESTRICTIONS, COVENANTS OR RIGHTS.OF-WAY, WHETHER
AND t}
A PART OF THE FRACTIONAL SOUTHWEST QUARTER OF TH
PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST C
SHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, At
LARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT TF
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
THENCE N87°0920W 785.52' TO A FOUND IRON PIN, THENCE
] IRON PIN. THENCE 587°10'03E 787.44' TO A SET IRON PIN,
FOUND IRON PIN, THENCE SO2°36'50W 650.79' TO A FOI
886,41 TO THE POINT OF BEGINNING. CONTAINING IN ALL 21
JECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD
-ma _ _ . I
VUM I CI\ III" 'P4) LW VIC
THENCE NORTH 87°162T
DRTH 04°02'35' EAST FORA
EAST FORA DISTANCE OF
^
THE LEFT FOR A DISTANCE
' �
01.22 FEET WITH A CHORD
EETTO SAID POINT; THENCE
T; THENCE ALONG THE ARC
POINT. SAID CURVE HAVING
67°0242' WEST FOR A DIS-
:1T •)dli'r
TOAPOINT;.
TOAPOINT;tt:J' '.
TO A' POINT;
TO A POINT:
TO A POINT;
TO POINT; _ 1
TO A POINT;
TOA POINT;'? !1'
TO A POINT;
TO A POINT;
TO A POINT;.
TOAPOINT:.'
THEAST QUARTER (NE1P
[H 67°09'38' EAST FOR A
1ORTHEAST QUARTER (N
SOUTH 02°2551' WEST F
CONTAINING 831.00 A(
ALL EXISTING EASEME
RECORD OR PRESCRIPT
IORTHWEST QUARTER Al
RTER OF SECTION 31, it
NSAS. BEING MORE PART
;OUTHWEST CORNER OF
) SECTION 31 AND RUNI
2°3731'E 650.44' TO AFC
NCE 587°10'03'E 684.36'
) PIPE,: THENCE N87°09'
ACRES, MORE OR LESS.
ANY.
L
ri
'L 4
Y��
i I ff �C�
SUE
S.
n[A9 R0 Pp
y'o.a... ]..-.. I .
ax_
ANX08-2897 SOUTHPASS DEVELOPMENT
One Mile View
3 ?o'er=`j•,=t..
_
SUBJECT PROPERTY
Overview Legend Boundary
Subject Property
, Planning Area
ANX08-2897 a
a,ouo Overlay District
Outside City
Legend
Hillside -Hilltop O erlay District
0 0.25 0.5 1
Mies
;a 015 AID
ARCHIVED
RECEIVED State of Arkansas
Secretary of State
CITY OF FAYEfTEVILLE
CITY CLERKS OFFICE
Charlie Daniels
Secretary of State
December 16, 2008
The Honorable Karen Combs Pritchard
Washington County Clerk
280 North College Ave., 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
The Following Information has been recorded and filed in the Office of the Secretary of
State:
Date: November 6, 2008
Annexation:
Incorporation:
County: Washington City: Fayetteville
Ordinance No. — 5190
County Order No - 08-2897
Plat - XX — 855.97 acres
Election -
Island -
Ordinance No. -
Co. Order No. -
Plat -
Election -
Census Information: The following City or Town has been upgraded or reduced to:
1st Class City -
2nd Class City -
Incorporated Town -
I have forwarded this information to the Arkansas Municipal League and the Arkansas
Highway and Transportation Department and the Arkansas State Data Center. If you have any
further questions please do not hesitate to contact me at 1-800-482-1127 or 682-3451.
Sincerely,ThMkkQ
Nancy
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