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Home My WebLink About87-04 RESOLUTIONRESOLUTION NO. 87-04 A RESOLUTION TO PROPOSE AN ORDINANCE CALLING FOR THE ANNEXATION OF A LARGE PARCEL OF LAND COMPLETELY SURROUNDED BY THE INCORPORATED LIMITS OF FAYETTEVILLE WHEREAS, whenever the incorporated limits of Fayetteville have completely surrounded an unincorporated area, the City Council may propose an ordinance calling for the annexation of the land surrounded by the municipality; and WHEREAS, the adopted Annexation Policy of the 2020 Plan recommends annexation of these "islands" of unincorporated areas completely surrounded by our city limits; and WHEREAS, the state law requires the City to propose an ordinance calling for such ordinance prior to a public hearing thereon and prior to bringing the proposed ordinance up for a vote. NOW, THEREFORE, 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 proposes the attached ordinance calling for the annexation of an "island" of unincorporated land south of Highway 16 East which is completely surrounded by the Fayetteville City limits will be considered for approval at a future City Council meeting after a public hearing is held on this annexation proposal. PASSED and APPROVED this the 1st day of June, 2004. ATTEST: By: SONDRA SMITH, City Clerk APPROVED: By: DAN COODY, Mayo llllllllllllllll F,R e, USG-. Y•O,c • •A • 's :FAYETTEVILLE: '.9Sy• 9:QKA145, : oJZ � = l4gNG111T0t' l • • EXHIBIT "A" GROUP 2 ANNEXATIONS DESCRIPTION 1: A part of Section 13, Township 16 North, Range 30 West, and a part of Section 24, Township 16 North, Range 30 West, all within Washington County, Arkansas and being more particularly described as follows: Commencing at the Northwest corner of said Section 24-16-30, thence with the West line of said Section 24, South 02° 23' 30" West 416.373 feet, to the Point of Beginning; thence leaving said West line, North 75° 13' 48" East 1538.898 feet; thence North 80° 28' 00" East 749.5 feet; thence South 86° 27' 31" East 867.76 feet; thence South 71° 46' 23" East 983.14 feet; thence South 54° 41' 30" East 1215.993 feet; thence South 37° 46' 39" West 39.623 feet; thence continuing South 37° 46' 39" West 177.544 feet; thence South 37° 46' 37" West 228.627 feet; thence South 41° 09' 31" West 39.666 feet; thence South 34° 06' 05" West 244.482 feet; thence continuing South 34° 06' 05" West 408.187 feet; thence South 67° 18' 28" West 137.576 feet; thence South 53° 59' 01" West 473.769 feet; thence South 51° 14' 15" West 518.811 feet; thence South 56° 45' 51" West 65.65 feet; thence South 70° 59' 14" West 55 225 feet; thence North 83° 00' 12" West 51.695 feet; thence North 71° 13' 45" West 194.196 feet; thence North 68° 32' 03" West 182.469 feet; thence North 54° 11' 11" West 392.21 feet; thence North 38° 47' 53" West 60.794 feet; thence North 38° 48' 06" West 10.727 feet; thence North 17° 39' 43" West 145.382 feet; thence North 28° 45' 24" West 95.427 feet; thence North 36° 49' 44" West 169.697 feet; thence North 49° 07' 07" West 94.415 feet; thence North 76° 51' 28" West 98.911 feet; thence South 81° 28' 28" West 127.434 feet; thence North 84° 41' 01" West 215.53 feet; thence South 77° 13' 48" West 89.532 feet; thence North 85° 47' 17" West 159.223 feet; thence South 86° 20' 07" West 70.358 feet; thence North 52° 08' 42" West 112.869 feet; thence North 34° 40' 14" West 199.389 feet; thence North 73° 09' 20" West 70.575 feet; thence North 73° 09' 24" West 134.362 feet; thence North 73° 09' 25" West 33 056 feet; thence North 09° 30' 11" West 380.52 feet; thence North 34° 00' 11" West 346.501 feet; thence North 47° 00' 11" West 494.999 feet; thence South 81° 46' 49" West 508.668 feet; thence North 02° 23' 28" East 99.474 feet, to the Point of Beginning and containing 168.747 acres more or less • ORDINANCE NO. • AN ORDINANCE TO ANNEX INTO THE CITY OF FAYETTEVILLE, ARKANSAS CERTAIN LANDS COMPLETELY SURROUNDED BY THE INCORPORATED LIMITS OF FAYETTEVILLE WHEREAS, the annexation policy of the City of Fayetteville adopted by the City Council is to annex those parcels of land which have become completely surrounded by the incorporated limits of Fayetteville; and WHEREAS, after annexation into the City of Fayetteville, the inhabitants of those lands will be afforded the same services of police and fire protection and solid waste collection as current citizens of Fayetteville enjoy; and WHEREAS, all of the lands identified in Exhibit A (legal description) and Exhibit B (map) comply with at least one of the five requirements for annexation stated in A.C.A. §14-40- 302; and WHEREAS, at the time of the adoption of this ordinance, the highest and best use of these lands is NOT for agricultural or horticultural purposes. 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 annexes into the City of Fayetteville, Arkansas the lands identified in Exhibit A (map) and Exhibit B (legal description). Section 2: That the City Council of the City of Fayetteville, Arkansas hereby assigns the zoning of these lands to be RSF-1, Residential Single Family, one unit per acre. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby assigns the parcels identified as numbers 001-11225-000 (also: 765-14261-000), 001-11227-000 (also: 765-14254-000), 001-11228-000 (also: 765-14259-000), 001-11230-000, 001-11228-001 (also: 765-14259-002), 001-11222-000, 098-00002-000, 098-00003-000, 098-00004-000, 098- 00005-000, and 098-00001-000 on Exhibit "A" to Ward 1. PASSED and APPROVED this 6th day of July, 2004. ATTEST: By: SONDRA SMITH, City Clerk APPROVED: By: DAN COODY, Mayor 1 Group 2, Description 1 Outside City of Fayetteville 0 350 700 1,400 2,100 2 Feet U Area to be Annexed WSS = Water, Sewer. Solid Waste (respectively) Date of Imagery: Feb. 14, 2000 0 City Service X = NO SERVICE NAME OF FILE: • Resolution No. 87-04 w/legal description, proposed annex ordinance & map CROSS REFERENCE: Item # Date Document 1 05/04/04 Alderman Agenda Request Form 2 draft resolution 3 draft annex ordinance 4 legal description 5 map 6 map 7 05/18/04 letter to John Everett 5 05/17/04 letter to Kit Williams 9 05/18/04 Staff Review Form 10 05/20/04 Annexation of Islands -Summary of Discussion 11 06/03/04 memo to Aldermen Jordan & Lucas NOTES: • • 67/ /a ei ALDERMAN AGENDA REQUEST FORM 8n7 -a'/ �Y'Op&se /7NNEj/9i DN/ hwy//v FOR: COUNCIL MEETING OF May 18, 2004 FROM: ALDERMAN LIONELD JORDAN ALDERMAN SHIRLEY LUCAS ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Annex Into The City Of Fayetteville, Arkansas Certain Lands Completely Surrounded By The Incorporated Limits Of Fayetteville APP '• VED FOR AGENDA: ;oneld Jors n, Alderman Shirley Lu s, Alderman Date �% ci/0`� City Attorney (as to form) Date • • RESOLUTION NO. A RESOLUTION TO PROPOSE AN ORDINANCE CALLING FOR THE ANNEXATION OF A LARGE PARCEL OF LAND COMPLETELY SURROUNDED BY THE INCORPORATED LIMITS OF FAYETTEVILLE WHEREAS, whenever the incorporated limits of Fayetteville have completely surrounded an unincorporated area, the City Council may propose an ordinance calling for the annexation of the land surrounded by the municipality; and WHEREAS, the adopted Annexation Policy of the 2020 Plan recommends annexation of these "islands" of unincorporated areas completely surrounded by our city limits; and WHEREAS, the state law requires the City to propose an ordinance calling for such ordinance prior to a public hearing thereon and prior to bringing the proposed ordinance up for a vote. NOW, THEREFORE, 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 proposes the attached ordinance calling for the annexation of an "island" of unincorporated land owned by Gary Combs south of Highway 16 East which is completely surrounded by the Fayetteville City limits will be considered for approval at a future City Council meeting after a public hearing is held on this annexation proposal. PASSED and APPROVED this the 1s` day of June, 2004. By: ATTEST: By: SONDRA SMITH, City Clerk APPROVED: 9%P* DAN COODY, Mayor r • ORDINANCE NO. AN ORDINANCE TO ANNEX INTO THE CITY OF FAYETTEVILLE, ARKANSAS CERTAIN LANDS COMPLETELY SURROUNDED BY THE INCORPORATED LIMITS OF FAYETTEVILLE WHEREAS, the annexation policy of the City of Fayetteville adopted by the City Council is to annex those parcels of land which have become completely surrounded by the incorporated limits of Fayetteville; and WHEREAS, after annexation into the City of Fayetteville, the inhabitants of those lands will be afforded the same services of police and fire protection and solid waste collection as current citizens of Fayetteville enjoy; and WHEREAS, all of the lands identified in -/Exhibit A (legal description) and Exhibit B (map) comply with at least one of the five requirements for annexation stated in A.C.A. 514-40- 302; and WHEREAS, at the time of the adoption of this ordinance, the highest and best use of these lands is NOT for agricultural or horticultural purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That/the City C uncil of the City of Fayetteville, Arkansas hereby annexes into the City of Fayetteville, Arkansas the lands identified in Exhibit A (map) and Exhibit B (legal description). Nc. Section 2: That the City,Council,ofsthe City of Fayetteville, Arkansas hereby assigns the zoning of these lands to be RSF 1ResidentiatSingle Family, one unit per acre. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby assigns the parcels`kidentified as numbers 00N113225--'000 (also: 765-14261-000), 001-11227-000 (also: 765- 14254-000); 001-11228-000 (also- 765 14259-000), 001-11230-000, 001-11228-001 (also: 765-14259- 002), 001-11222-000, 098-00002-000, 098-00003-000, 098-00004-000, 098-00005-000, 098-00001-000; 001-10800-000 ori Exhibit "A" to Ward 1. PASSED and APPROVED this 151 day of June, 2004. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk • • • EXHIBIT "A" GROUP 2 ANNEXATIONS DESCRIPTION 1: A part of Section 13, Township 16 North, Range 30 West, and a part of Section 24, Township 16 North, Range 30 West, all within Washington County, Arkansas, and being more particularly described as follows: Commencing at the Northwest corner of said Section 24-16-30, thence with the West line of said Section 24, South 02° 23' 30" West 416.373 feet, to the Point of Beginning; thence leaving said West line, North 75° 13' 48" East 1538.898 feet; thence North 80° 28' 00" East 749.5 feet; thence South 86° 27' 31" East 867.76 feet; thence South 71° 46' 23" East 983.14 feet; thence South 54° 41' 30" East 1215.993 feet; thence South 37° 46' 39" West 39.623 feet; thence continuing South 37° 46' 39" West 177.544 feet; thence South 37° 46' 37" West 228.627 feet; thence South 41° 09' 31" West 39.666 feet; thence South 34° 06' 05" West 244.482 feet; thence continuing South 34° 06' 05" West 408.187 feet; thence South 67°.18' 28" West 137.576 feet; thence South 53° 59' 01" West 473.769 feet; thence South 51° 14' 15" West 518.811 feet; thence South 56° 45' 51" West 65.65 feet; thence South 70° 59' 14" West 55.225 feet; thence North 83° 00' 12" West 51.695 feet; thence North 71° 13' 45" West 194.196 feet; thence North 68° 32' 03" West 182.469 feet; thence North 54° 11' 11" West 392.21 feet; thence North 38° 47' 53" West 60.794 feet; thence North 38° 48' 06" West 10.727 feet; thence North 17° 39' 43" West 145.382 feet; thence North 28° 45' 24" West 95.427 feet; thence North 36° 49' 44" West 169.697 feet; thence North 49° 07' 07" West 94.415 feet; thence North 76° 51' 28" West 98.911 feet; thence South 81° 28' 28" West 127.434 feet; thence North 84° 41' 01" West 215.53 feet; thence South 77° 13' 48" West 89.532 feet; thence North 85° 47' 17" West 159.223 feet; thence South 86° 20' 07" West 70.358 feet; thence North 52° 08' 42" West 112.869 feet; thence North 34° 40' 14" West 199.389 feet; thence North 73° 09' 20" West 70.575 feet; thence North 73° 09' 24" West 134.362 feet; thence North 73° 09' 25" West 33.056 feet; thence North 09° 30' 11" West 380.52 feet; thence North 34° 00' 11" West 346.501 feet; thence North 47° 00' 11" West 494.999 feet; thence South 81° 46' 49" West 508.668 feet; thence North 02° 23' 28" East 99.474 feet, to the Point of Beginning and containing 168.747 acres more or less. DESCRIPTION 2: A part of the Southwest Quarter (SW%) of the Northwest Quarter (NW%) of Section 21, Township 16 North, Range 29 West, Washington County, Arkansas, being more particularly described as follows: Beginning at the Northwest corner of said SW% of the NW% of Section' 21, thence with the North line of said SW% of the NW%, South 87° 01' 27" East 331.225 feet; thence leaving said North line, South 38° 41' 25" East 1090.34 feet; thence North 80° 20' 26" West 144.262 feet; thence North 80° 50' 23" West 59.167 feet; thence North 81° 50' 24" West 59.166 feet; thence North 82° 50' 25" West 59.165 feet; thence North 83° 50' 27" West 59.165 feet; thence North 84° 50' 25" West 59.168 feet; thence North 85° 50' 24" West 59.165 feet; thence North 86° 50' 29" West 59.166 feet; thence North 87° 57' 05" West 72.479 feet; thence North 88° 33' 55" West 425.473 feet, to a point on the West line of said SW' of the NW%; thence with said West line, North 02° 51' 00" East 787.357 feet, to the Point of Beginning and containing 12.232 acres, more or less. y t 7; . • �, Y `' 'I n v r i w ,t ��• t fl I; T ;`,. t kir � a • t rJ'f a Awr r i` I , . ....{ y > • a ,, , K+ `.'. .y Re _gyp'.`. !•ri tw.,//% i7 ✓r . l �i�r,'r<w -�.,4v. .,yl¢k1A,N..RQ :�.. sh: 4.d.' • 4-:' WiTRATTSTot; L . r la ..r•LIJn �.ajrf�1'L-e it•4; •.•. :• • ".1• . t. • • . r.•ilA• 1ti )4i1-4. Y" • 4y ' • K•c,� ,..• . • r • • i • • , } Semi ••• ' '9 y�;a • ri ff4L I . 3„ `�1. I • •• • 1 "41 41 N.. �. •. k 1 e, • ,z{. c. •4, Group 2, Description 1 0 350 700 1,400 2,100 2,800 Feet Date of Imagery: Feb. 14, 2000 Ib, Outside City of Fayetteville Area to be Annexed WSS = Water, Sewer, Solid Waste (respectively) 0 City Service X = NO SERVICE • A 'AI rh A as IS 11 isr7A 1 i 4 0 94 M - ; SANT A St SAA • Lake Sequoyah • f OC i • t. f A 1 Group 2, Description 2 0 205 410 820 1,230 Date of Imagery: Feb. 14, 2000 1,64_0et Outside City of Fayetteville Area to be Annexed • DAVID J.WHITAKER Assistant City Attorney Judy Housley Office Manager Phone (479) 575-8313 FAX (479) 575-8315 KIT WILLIAMS FAYETTEVILLE CITY ATTORNEY Honorable John Everett Everett Law Firm P.O. Box 8370 . 'Fayetteville,: AR 72702-8370 Dear John: elk THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain, Suite 302 Fayetteville, AR 72701-6083 May 18, 2004 • • I. am enclosing your letter expressing your client's desire not to be annexed in the City Council Agenda packet. Since I have been informed that your client's land is totally surrounded by the incorporated limits �f Fayetteville, its annexation is governed by A.C.A. §14-40-501, 502 and 503. No public. election is necessary if -the City Council votes for annexation of "islands," Your client certainly has a right to resist annexation politically .during the "public hearing" required by. A.C.A. §14=40-502, at City Council meetings and, otherwise. If the City Council decides to annex Mr. Combs' land despite. his objections, you are correct that the City Council's ordinance can be challenged in Circuit Court. Thank you for letting me know promptly that Mr. Combs objects to his land :. being brought into the City. This is information the City Council should consider during their deliberations on the ordinance that would annex his.property th kindest regards, KW/jh cc: Fayetteville City Council KF " IAMS Fayetteville City Attorney. • • EVERETT LAW FIRM Attorneys at Law 1944 E. Joyce Blvd. P. O. Box 8370 Fayetteville, Arkansas 72703 e-mail: john(Teverettfiirm.com John C. Everett, P.A. Jason H. Wales, P.A. Elizabeth Storey Bryan, P.A. Jeff Mitchell, P.A. Drew Ledbetter May 17, 2004 Kit Williams Fayetteville City Attorney 113 West Mountain Street Suite 302 Fayetteville, AR 72701-6083 Dear Kit: • Telephone: (479) 443-0292 Facsimile: (479) 443-0564 Hugh Earnest and Tim Conklin of the City of Fayetteville have written a letter of May 6, 2004, to several property owners advising the property owners of an upcoming annexation. One of the recipients of, that letter is Gary Combs, my client. Mr. Combs owns several hundred acres of property situated generally in south Fayetteville; despite the assertions of the letter Mr. Combs' property is not an "island"; his property is accessed by a bridge which we have been trying to get the City to repair since the earth cooled with no luck; and he has no interest in being a part of the City of Fayetteville, Arkansas. I have researched the matter of the City's authority to annex property and discover that your authority is not as clear as I initially thought it was I do not believe that Mr. Combs' property fits any of the statutory criteria for the annexation and I have been instructed by him to oppose that effort at all levels. I simply wanted to put you on notice that Mr. Combs will not suffer the annexation of his property by the City of Fayetteville without a fight. I recognize that, procedurally, I am not able to. do. anything about this unless and until the ordinance is passed and the election is held but, at that point, I will seek to nullify the election assuming it is in favor of annexation. , I simply, wanted to put you on notice of this now. ' to .1- i. , .. .. • • • STAFF REVIEW FORM - NON-FINANCIAL OBLIGATION x AGENDA REQUEST For the Fayetteville City Council Meeting of: June 1, 2004 FROM: Tim Conklin Name Comm. Planning & Engr. Svcs. CP&E Division Department ACTION REQUIRED: Approval of an ordinance to annex the unincorporated areas completely surrounded by the City of Fayetteville City Limits pursuant to A.C.A.§ 14-40-501. SUMMARY EXPLANATION: Annexation of unincorporated areas, "islands", located within the City of Fayetteville corporate boundaries as described in the General Plan 2020, 2001 update, annexing approximately 180.979 acres into the corporate city limits of the City of Fayetteville, Arkansas. STAFF RECOMMENDATION: Approval. Division Head Date CityV orney Department Director s-1y-oti Date S s/Date g -or Finance & Intemal Services Dir. Date :_dministrative Officer Mayor f -goyDate Date Received in Mayor's Office Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: New Item. .S/ /7/09 Date th Yes No • Annexation of Islands Informational Meeting Summary of Discussion May 20, 2004 C3, C`1, 5 • AMC is. \was Introduction and background information was presented to the public by Tim Conklin, Director of Community and Engineering Services. Members of City Staff were present to answer particular questions in regard to their divisions. These members included Greg Boettcher (Administration), Chris Bosch (Fire Dept.), Terry Gulley (Transportation), Carrol Hill and Brian Pugh (Solid Waste), Frank Johnson (Police), and Dawn Warrick (Planning). After Tim Conklin presented the public with the background information a question and answer session followed. Ralph and Geneva Cook of 410 Cunningham Ln. stated that they were happy being in the County and that they had no desire to come into the City of Fayetteville. A question arose to why they were notified and there neighbors were not. Staff later concluded that all of the ad joiners to the Cooks are already located within the City of Fayetteville. Mary Ray, owner of Ray -Mo Small Engine 3815 E. Huntsville Rd, stated that her property was located in a floodplain and it was her understanding that State Law would not permit a municipality from annexing property located in a flood plain. In a telephone conversation earlier in the day she asked the same question of Staff and was directed to speak to Kit Williams the City's Attorney. Mrs. Ray was also concemed with having a commercial business being brought into the City with a residential zoning classification. If they were to lose their business in a flood would they be able to continue operating commercially? Bill Wilson of 2431 N. Salem road had a question of operating his welding business in a proposed residential zone. Mr. Wilson stated that he would not have a problem being annexed, however, he would like to come in with a light industrial zoning classification. Stan Thomas of 4050 Mt Comfort Rd. inquired about the City extending sewer service to his property. Currently the property surrounding Mr. Thomas is being developed into subdivisions and he requested information on tying into the sewer line. Apparently Mr. Thomas had his lateral lines damaged as a result of development on the adjoining property. The Thomas's also have a horse barn and pasture that they currently use to board horses. The Thomas's feel that if horses were not allowed due to being zoned residential that they would lose property value They requested to be zoned R -A. Other general questions that were asked dealt primarily with residents' ability to maintain their current agricultural uses once their land is annexed and re -zoned residential. FAYETTEeILLE THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division DEPARTMENTAL CORRESPONDENCE • 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 To: Alderman Jordan Alderman Lucas From: Clarice Buffalohead-Pearman M City Clerk Division Date: June 3, 2004 Re: Resolution No. 87-04 The City Council passed a resolution, June 1, 2004, proposing to surrounded by the incorporated city limits of Fayetteville. Attached is The resolution with attachments will be recorded in the city clerk's else is needed please let the clerk's office know. /cbp attachments cc: Nancy Smith, Internal Auditor annexation a certain parcel of land an executed copy of the resolution. office and microfilmed. If anything