ORD NO 17-2015 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. I n -2015
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE ACCEPTING TERRITORY ADJACENT AND
CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF VAN
BUREN,ARKANSAS,LYING IN CRAWFORD COUNTY,
ARKANSAS,ANNEXED TO THE CITY BY ORDER OF THE
COUNTY COURT OF CRAWFORD COUNTY ON THE 8th DAY
OF OCTOBER, 2015,AND ZONING SAID TERRITORY I-2
(HEAVY INDUSTRIAL); DECLARING AN EMERGENCY; AND
FOR OTHER PURPOSES.
WHEREAS, a petition was filed with the County Clerk of Crawford County, Arkansas, by the
majority of the real estate owners of the hereinafter described territory praying
that said territory be annexed to, and made part of the City of Van Buren,
Arkansas; and
WHEREAS, on October 8, 2015, the County Court of Crawford County, Arkansas found that
the petition was signed by a majority of the real estate owners in said territory;
that said territory was contiguous and adjoining the present corporate limits of the
City of Van Buren, Arkansas; that an accurate description of said territory had
been filed with and made part of said petition; that proper notice had been given
for the time and in the manner prescribed by law, and that said lands and territory
should be annexed to and made part of the City of Van Buren, Arkansas, subject
to the acceptance of the same by the City Council of said City at the proper time,
as provided by law; and
WHEREAS, notice of a Public Hearing was duly published in the Press Argus Courier on
October 21, 2015, and a public hearing was conducted as required by law on
November 3, 2015; and
WHEREAS, as a result of this hearing, the Planning Commission has recommended that
certain property be annexed into and zoned 1-2 (Heavy Industrial) within the city
limits of the City of Van Buren; and
WHEREAS, the proposed annexation and zoning herein were recommended by a majority vote
of the entire Planning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: Westridge, Inc. is the owner of the following described land lying adjacent and
contiguous to the present city limits of the City of Van Buren, Arkansas, and J.
Kevin Bell is duly authorized in his capacity to act on behalf of the corporation.
SECTION 2: The following described lands and territory contiguous and adjoining the City of
Van Buren, Arkansas, be accepted as part of and annexed to and made a part of
the City of Van Buren:
LEGAL DESCRIPTION
The Northeast Quarter of the Southwest Quarter of Section 16, Township 9 North,
Range 32 West.
PARCEL NUMBER
001-05457-000
SECTION 3: The map showing said described land is approved and confirmed, and a copy
thereof is attached hereto.
SECTION 4: Said land is hereby annexed into the City of Van Buren, Arkansas, and zoned I-2
(Heavy Industrial).
SECTION 5: Due to the need to promptly implement this annexation, an emergency is hereby
declared to exist and this Ordinance shall be in full force from and after
the date of its passage and approval.
IN WITNESS WHEREOF,the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of ip for and D against the foregoing Ordinance at its
regular meeting held on the 16th day of November 2015.
Robert D. Free 1111F11 "---
Mayor
ATTESTED: A' 'RO J AS TO FORM:
ie-C is e0A �{�-
' •e
4
dc. • Settle
'p€ City Clerk/Treasurer City Atto ey
`{ 12: 00
IN THE COUNTY COURT OF
CRAWFORD COUNTY,ARKANSAS
IN RE: ANNEXATION OF VAN BUREN,ARKANSAS CASE NO. 2015-66
VERIFICATION OF CRAWFORD COUNTY,ARKANSAS
ASSESSOR AND COUNTY CLERK
Pursuant to Ark. Code Ann. § 14-40-609,the undersigned Crawford County Assessor and
Crawford County Clerk make the following verifications of the petition for annexation into Van
Buren, Arkansas,filed in the above-captioned matter. We verify as follows:
1. The identity of the petitioners has been verified.
2. We verify that no property owners have been included in the petition that do not wish to
have their property annexed.
3. We verify that the property to be annexed is contiguous to the Town of Van Buren,
Arkansas.
4. We verify that no enclaves will be created if the town accepts the petition.
THE UNDERSIGNED HEREBY VERIFY THAT THE FOREGOING IS TRUE AND
CORRECT TO THE BEST OF THEIR KNOWLEDGE, BELIEF, AND NFORMATION AS
OF THIS THE - DAY OF OCTOBER IN THE YEAR 2011.
l
tr
Ronnie Dale Teresa Armer
ASSESSOR COUNTY CLERK
CRAWFORD COUNTY,ARKANSAS CRAWFORD COUNTY,ARKANSAS
28 056
IN THE COUNTY COURT OF rit I 3
CRAWFORD COUNTY,ARKANSAS
IN RE: ANNEXATION OF VAN BUREN, ARKANSAS CASE NO. 2015-66
ORDER
Before the County Court comes now a petition for property annexation into Van Buren,
Arkansas, pursuant to Ark. Code Ann. § 14-40-609. The County Court having reviewed the
petition and the verifications of the assessor and county clerk in the above-captioned matter
makes the following findings and order:
1. The petition and verifications filed in the above-captioned matter are complete and
accurate.
2. No enclaves will be created by the annexation.
3. The petition contains a schedule of services to be offered by the Town of Van Buren to
the annexed area.
4. The petition and this order shall be immediately forwarded to the Town of Van Buren,
Arkansas, for its consideration.
IT IS SO ORDERED.
J al DATE
OUNT DGE
CRAW RD COUNTY,ARKANSAS
28 057
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Annexation Request
Petitioner: Westridge, Inc.
;tiG~?Y o '''o Interstate 40 & Bekaert Dr.
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IDocument Path:T:\Rezones\Interstate4O_BekartDr_Unzoned.mxd
•
Z015 OCT —6 PH i s 142
IN THE COUNTY COURT OF CRAWFORD COUNTY, ARKANSAS
WESTRIDGE, INC. PETITIONER
vs. County Court Case No. 2015- 47
CITY OF VAN BUREN, ARKANSAS,
CRAWFORD COUNTY ASSESSOR, and
CRAWFORD COUNTY CLERK RESPONDENTS
PETITION FOR ANNEXATION PURSUANT TO A.C.A.§ 14-40-609
Petitioner,Westridge, Inc., for its Petition for Annexation Pursuant to A.C.A. § 14-40-609,
does state:
PARTIES, JURISDICTION AND VENUE
1. Petitioner is an Arkansas Corporation,with its principal place of business in Van Buren,
Crawford County, Arkansas.
2. The City of Van Buren, Arkansas, is named as a Respondent because it is required to
accept this proposed annexation via ordinance before the annexation is complete.
3. The Crawford County Assessor is named as a Respondent because it is responsible for
verifying the identify of the Petitioner;verifying there are no property owners included in the petition
that do not wish to have their property annexed;verify that the property is contiguous with the City
of Van Buren,Crawford County,Arkansas;and to verify that no enclaves will be created prior to the
issuing of an order by the County Judge and acceptance by the City of Van Buren,Crawford County,
Arkansas.
4. The Crawford County Clerk is named as a Respondent for the same reasons as the
Crawford County Assessor.
5. This action involves real property located in Crawford County, Arkansas.
6. This Court has jurisdiction over the parties and subject matter herein,and venue is proper.
FACTUAL BACKGROUND
7. By Warranty Deed dated May 7, 1992, Petitioner acquired approximately 338.89 acres
of real property in Crawford County,Arkansas,made up of six(6)individual parcels. That deed was
recorded in the deed records of Crawford County, Arkansas, on May 27, 1992 (Copy of Deed
attached as Exhibit "A' ).
8. The portion of the legal description contained in that Deed pertaining to the property in
question is as follows(hereafter referred to as the"Property"):
The Northeast Quarter of the Southwest Quarter of Section 16,Township 9 North,
Range 32 West.
The Property has been assigned Parcel Number 001-05457-000(Copy of Aerial Map with this parcel
highlighted attached as Exhibit "B").
9. The Property is contiguous to the other parcels purchased by Petitioner in the attached
deed;however,the Property is the only parcel contained in said deed that is not within the city limits
of the City of Van Buren, Arkansas.
10. Thus,the Property is contiguous to the City of Van Buren,Arkansas.
11. Westridge, Inc.,the sole owner of the Property, is a closely held corporation of which
J. Kevin Bell is duly authorized in his capacity to act on behalf of the corporation.
ACTION TO ANNEX
12. Under A.C.A. § 14-40-609. a voluntary annexation may occur when all the owners of
property,which is contiguous to the city in which they are requesting annexation,are in agreement
and have met the required qualifications.
13. One hundred percent of the landowners of the Property are in agreement with this
Petition and wish for the Property to be annexed.
14. No enclaves will be created by this annexation.
IS. The schedule of services of the annexing city that will be extended to the Property within
three (3) years after the date the annexation becomes final shall be the same services presently
extended to the contiguous property which is also owned by Petitioner,including fire services,police
services,municipal utilities, and road maintenance, if any.
16. Petitioner meets the requirements of A.C.A. § 14-40-609.
WHEREFORE, Petitioner prays that this Court enter its Order finding that it is the sole
owner of the above Property as set forth herein;that Petitioner wishes for the Property to be annexed;
that the Property is contiguous to the city limits of the City of Van Buren; that no enclaves will be
created by this annexation;and for all other relief to which Petitioner is entitled,whether prayed for
herein or not.
Respectfully submitted,
WESTRIDGE, INC., by J. Kevin Bell,
President, Petitioner
HOWELL LAW FIRM, P.A.
Attorneys for Petitioner
P.O. Box 767
Van Buren, AR 72957
(479)474-3241
(479)47 (Facsimile)
By
ACOB R. L. HOWELL
AR Bar#2011162
VERIFICATION
STATE OF ARKANSAS
COUNTY OF CRAWFORD
Comes now J.Kevin Bell,and being first duly sworn,on oath state that he has read the above
and foregoing Petition for Annexation and that the facts and matters therein contained and set forth
are true and correct to the best of his knowledge and belief.
IPI\Ogd
J. KEVIN LL
Subscribed and sworn to before me this day of September, 2015.
01 r
As NOTARY P BLIC
My Commission Expires: ,POET H•y
W u %WARY "-)
Cf)1 n o•� ro CCto;•o PUSOC tip.
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Know All filen Nu alrese flresents
I
I THAT WE,Flrst„Camseccia1 Trust Catsany, N.A., formerly First C iag '1`
Bank, N.A. Little Rock, Arkansas Ancillary Trustee for State treef` ,�i -'
and Dank 44-TF..t?;3t.QmPany.,...TI?,1,4tee fgr TelePhom Real Estate tY.T ',1 . `,
rn
GRANTORS,for and in consideration of the sum of Q DO tar and Other tP _ o
Valuable consideratf gslq DOLI.ARS(5...1,44..E..OVC. .. '"' ',
In hand paid by .... .EJ49A,...111C, OD
GRANTEE S.the receipt of which is hereby
acknowledged,do hereby grant,bargain,sell and convey unto the said GRANTEES ,and unto
t th eir heirs and assigns forever,the following lands lying in Crawford County,Arkansas: p "
EI Tract 3 of Survey by Bell, Burrough, Uerling, Brasuell Consulting Engineers, ,<a Itaoc;nuated dated April, 1979 note particularly described as the Southeast
..,.j;(�Quarter of the Southwest Quarter; The Northeast Quarter of the Southwest .•
R.4, Quarter; the Northwest Quarter of the Southeast Quarter; the Southwest Quarter
i
of the Southeast Quarter; the Southeast Quarter of the Southeast Quarter; I) •�1
iIAll that part of the Northeast Quarter of the Southeast Quarter lying South ! i
' Iof I-40; All that part of the Southeast Quarter of the Northeast Quarter t
, lying South of I-40; All that part of the Southwest Quarter of the Northeast
'Quarter lying South of 1-40; All that part of the Southeast Quarter of I'
,the Northwest Quarter lying South of I-40 all in Section 16, Township 9 II ;,
North, Range 32 West. The Northwest Quarter of the Northeast Quarter; , ,
�1' :(
�) `;and the Northeast Quarter of the Northwest Quarter lying North of the Missouri !i w�
Pacific Railroad Right-of-Way; and the Northeast Quarter of the Northeast ,j,
j; Quarter lying North of the Arkansas River in Section 21, Township 9 North, ,
f , ' Range 32 West I>FSS AND EXCEPT a tract of land in the Southeast Quarter
t'. { of the Southeast Quarter and the Northeast Quarter of the Southeast Quarter ,,
lof Section 16 more particularly described as beginning at the Southeast ,.
I
t Corner of the Northeast Quarter of the Southeast Quarter; thence North 03
;idegrees 01 minutes 17 seconds East 330 feet; thence North 85 degrees 37
tj minutes 53 seconds West 300 feet; thence South 03 degrees 01 minutes 13
i :)seconds West 329.75 feet; thence South 02 degrees 20 minutes 01 seconds { -1
i "West 60.04 feet; thence South 85 degrees 35 minutes 03 seconds East 300
1feet to the point of beginning. ALSO all accretions together with all i ,?
( . minerals owned by the Grantor lying under this property, the accretions )
ithereto and Rights-of-Way adjacent thereto.
ip r ` Subject to existing oil,gas and mineral lease if any.
• - Subject to,existing right of ways,easements,restrictions and previous reservations,if any !)
,� To have and to hold the same unto the said GRANTEE.S..,and unto their heirs andil
,
,j assigns forever,with all appurtenances thereunto belonging.
1 And we hereby covenant with said GRANTEES..that we will forever warrant and defend the }.i >t
.. , title to the said lands against all claims whatever. 4:)
/• ` .. And we,the GRANTORS,in our capacity as spouses oleach other for and in consideration of I
), I the said sum of money,do hereby release and relinquish unto the said GRANTEE$...all our )
i ;i right of dower,curtesy and homestead in and to the said lands. i '��;
1, WITNESS our hands and seats on this 7th day of MaX 19 92 11,�.
First Correer'cial Trust Conpany, N.A., formerly First Commercial Bank, • :'',
N. A. Little Rork, Arkansas,.Ancillary.Trustee.for..State.Street_ (L; S.) ,),�'.�
'I Bank and Trust Company, Trustee for ephone Real Estate Equity
S Trust BY: i C 1CtiVr tt t`?}..1�af.+13 1 +
? f'I =-:_ = y t EXHIBIT ,- _
ACKNOWLEDGMENT 804
STATE OF
COUNTY OF
-
BE IT REMEMBERED, That on this date came before me, the undersigned,
a Notary Public within and for the County aforesaid, duly cotmdssioned
and acting age an9
As Trustee of First Cexi ercial Trust Carpany, N.A. formerly First Commercial
Bank, N. A. Little Rock, Arkansas, Ancillary Trustee for State Street Bank,
aril Trust Company, Trustee for Telephone Real Estate Equity Trust
to me well known as the grantors in the foregoing instrument and stated
that they had executed the same for the considerations and purposes therein
mentioned and set forth.WITNES hand and I as such Notary Public on the Atifl
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ss } ss I
COUNTY OF CRAWFORD
'LINDA
..HDWARD.,. K
C!&CUII�C�.AACERY..C.IR..., Circuit Clerk and Ex-Offieio; kri<_:.
for the County aforesaid, do hereby certify that the annexed and foregoin'i "}r.+:..
' a' fk�,a
of syy'riti was file for record in my office on the day of .. ''a ,,i 'Itea
at I l o'clock P...M., and the same is now duly recorded,with the 1, ' A...a
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7.
and certificates thereon, in "Record Book_,- �_5 ,"page's2n71i'". '`'`'A
IN WITNESS WHEREOF I have hereunto set my hand sti4 9' . • ' r
seal of said Court, this J�.. day of ..............a'.h'tk{ik•• } /T
LINDA HOWARD,CIRCUIT/C::ANCERY CLERK Circuit and Ex_Otficio� y ...i
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%III
ELL
Real Estate Company
September 29,2015
Honorable Mayor Robert Freeman
- Van,Buren City Council
Van Buren Planning Commission •
• Honorable Mayor Freeman, Members of the City Council and Members of the Planning Commission, ,
I,acting as.authorized signor of Westridge,Inc,and as real estate agent for the owners,am
asking for a rezoning of the four parcels of property from C 2 :,nd P,-1 to,!-2{See Exhibit"A",for legal
description). Parcel's700-09190-001 and 760-09195-000 are currently zoned C-2 and I.request that they
be rezoned to 1-2. Parcel's 700-09200-000 a 700-09205-000 are currently zoned R-1 and I request that
• they be rezoned to 1-2. -
My-partners and I have a contract to sell:our.338+::acres to group out of Northwest Arkansas
who plans on developing the property. They requested that the property be rezoned to 12. As
you can see on Exhibit"B"43 49+-acres of our property is zoned C-2,196+-acres of our property is
zoned R-1, and 59.40+-acres of our property is already zoned 1-2.$10Vgilig40 acre'tracti
located outside of the Cityii m: ;r. _- •';,,_ a viltuntary annexation into the
City. We_wouifialso request i h444 4Q cre ,
-1 Currently there are NO existing structures on the property.
Thank you for yoi r considera ' our request. Please feel free to give me a call if,you have -
• :any questions, •
• Sincere!. _
•
1031 FnYErrEvn i.E Roan I. VAN BUREN,.AR 72956 -
Y Y' (479)474-9200 a FAX 474-3909 n "°'g"