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Ordinance 2006-05


ORDINANCE NO. 2006-05
AN ORDINANCE ANNEXING TO THE CITY OF JOHNSON, ARKANSAS, A
PARCEL OF LAND IDENTIFIED IN "ORDER OF ANNEXATION"
ENTERED FEBRUARY 15, 2006, BY HONORABLE JERRY HUNTON IN
CASE NO. CC-2006-1 IN THE COUNTY COURT OF WASHINGTON
COUNTY, ARKANSAS, AND FOR OTHER PURPOSES.
WHEREAS, Massey Holdings, LLC (an Arkansas Limited Liability Company). Jeffrey
Allen Mathis, Edward F. Davis and Morgan Hooker, are owners of a certain described parcel of real property which lies adjacent to the City of Johnson, Arkansas, and is described as follows, to-wit:
Please See Exhibit "A:: for Legal Description and Exhibit "B': for Map
WHEREAS, Massey Holdings, LLC (an Arkansas Limited Liability Company), Jeffrey
Allen Mathis, Edward F. Davis and Morgan Hooker, have requested that the above described
parcel of real property be annexed to the City of Johnson, Arkansas.
WHEREAS, Massey Holdings, LLC (an Arkansas Limited Liability Company). Jeffrey
Allen Mathis, Edward F. Davis and Morgan Hooker, prosecuted an action before the County
Court of Washington County, Arkansas, securing an Order of Annexation on February 15. 2006.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JOHNSON,
ARKANSAS,
SECTION 1: That the parcel of real property described at Exhibit A hereto and situate
in Washington County, Arkansas, is hereby accepted as an annexation of the City of Johnson,
Arkansas.
Section 2: It is hereby determined that the annexed parcel of real property is
contiguous and adjacent to other lands in Johnson, Arkansas, which are located in Ward 3, and
twOjuVti^ Ofdiaux-r tmf kin| ftt*. (M****?) loUm*** U-C)
therefore the above described parcel is determined and declared to be in Ward 3 of the City of
Johnson.
SECTION 3: The official Zoning Districts map of the City of Johnson, Arkansas, is hereby amended to show the annexation to the City of the parcel of real property described'at Exhibit A and such property is'hereby zoned R.-1.
PASED AND APPROVED this 9th day of  May, 2006.
ATTEST:
Jennifer Allen, Recorder/Treasurer

TRACT B AS SHOWN ON A TRACT SPLIT PLAT FILED IN THE CIRCUIT
CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD
2005-14427, BEING PART OF THE NW 1/4 OF THE NE 1/4 OF SECTION 28,
TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE NE 1/4
OF SAID SECTION 28 AS SHOWN ON SAID PLAT RECORD 2005-14427;
THENCE ALONG THE NORTH LINE THEREOF S88°05'39"E 375.41 FEET TO THE
POINT OF BEGINNING,
THENCE CONTINUING ALONG SAID NORTH LINE S88005'39"E 806.16 FEET TO
A ARKANSAS STATE HIGHWAY MONUMENT ON THE WEST RIGHT-OF-WAY
OF U.S. INTERSTATE HIGHWAY 540;
THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING TWO
COURSES:
THENCE S09°35'05"E 682.84 FEET TO A ARKANSAS STATE HIGHWAY
MONUMENT;
THENCE S02°22'45I1W 644.86 FEET TO THE SOUTHEAST CORNER OF THE NW
1/4 OFTHENE 1/4 OF SAID SECTION 28;
raENCEN87°12l20"W 1321.53 FEET;
THENCE N02°18'331IE 566.53 FEET TO THE WEST RIGHT-OF-WAY OF CRIS
HOLLOW ROAD AS SHOWN ON SAID PLAT RECORD 2005-14427;
THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING FOURTEEN
COURSES:
THENCE N31°27'5 6 "E64.ll FEET;
THENCE N31046'39"E 11.03 FEET;
THENCE N25°57'49"E 66.90 FEET;
THENCE N20°17'56"E 70.39 FEET;
THENCE N20°02'43"E 76.94 FEET;
THENCE N19°29'00"E 68.94 FEET;
THENCE N22°24'41"E 71.65 FEET;
THENCE N25008'40"E 17.26 FEET;
THENCE N30026'06"E 69.71 FEET;
THENCE N37°07'37"E 15.88 FEET;
THENCE N44°02'51"E 103.60 FEET;
THENCE N44°54'1611E 77.98 FEET;
THENCE N31058'38"E 90.16 FEET;
THENCE N16°52'37(1E 26.77 FEET TO THE POINT OF BEGINNING, CONTAIMNG
35.71 ACRES, MORE OR LESS.
SUBJECT TO THE RIGHT-OF-WAY FOR CRIS HOLLOW ROAD ALONG A
PORTION OF THE WEST SIDE THEREOF, AND ANY EASEMENTS,
COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
Planning Area Boundary
ARKANSAS
BUSINESS Jc TECHNOLOGY PARK
OF ARKANSAS
Planning Area Boundary
ARKANSAS
BUSINESS & TECHNOLOGY PARK
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
No. CC-2006- ^
<—> , - - CZ^
PETITION TO ANNEX PROPERTY TO CITY OF JOHNS0|£^.. £
IN RE: ANNEXATION PETITION OF MASSEY HOLIg|§S, LCC
et al. J5^1^: -^
C^_-' = I 1* i- ^
For their Annexation Petition, the undersigned Petitioners statf§'f;.; z-; -rT
ro
1. Petitioners are the owners of the real property located in
Washington County, Arkansas, described in Exhibit "A" attached hereto. Said
property is contiguous to and adjoining the City of Johnson, Arkansas.
2. Petitioners name James N. McCord, attorney at law, as the person
authorized to act on behalf of Petitioners in this annexation proceeding. James N.
McCord can be contacted at 11 N. West Ave, Suite 202, Fayetteville, AR 72701;
telephone (479) 695-1134; Fax (479) 695-1135.
3. Attached hereto as Exhibit "B" is an accurate map of the real
property described in Exhibit "A" attached hereto.
WHEREFORE, the undersigned Petitioners pray that the Washington
County Court enter an order granting this Petition and annexing the territory
described in Exhibit "A" attached hereto to the City of Johnson, Arkansas.
rn
Massey Holdings, LLC
An Arkansas limited liability company
/
By: 7^7 f
frichel! Masseey, manage/member
Je,ffre^ Allen
Morgan Hooker
PETITIONERS
TRACT B AS SHOWN ON A TRACT SPLIT PLAT FILED IN THE CIRCUIT
CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD
2005-14427, BEING PART OF THE NW 1/4 OF THE NE 1/4 OF SECTION 28,
TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE NE 1/4
OF SAID SECTION 28 AS SHOWN ON SAID PLAT RECORD 2005-14427;
THENCE ALONG THE NORTH LINE THEREOF S88°05'39"E 375.41 FEET TO THE
POINT OF BEGINNING,
THENCE CONTINUING ALONG SAID NORTH LINE S88°05'39"E 806.16 FEET TO
A ARKANSAS STATE HIGHWAY MONUMENT ON THE WEST RIGHT-OF-WAY
OF U.S. INTERSTATE HIGHWAY 540;
THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING TWO
COURSES:
THENCE S09°35'05"E 682.84 FEET TO A ARKANSAS STATE HIGHWAY
MONUMENT;
THENCE S02°2245"W 644.86 FEET TO THE SOUTHEAST CORNER OF THE NW
1/4 OFTHENE 1/4 OF SATO SECTION 28;
THENCE N87°12'20"W 1321.53 FEET;
THENCE N02018'33"E 566.53 FEET TO THE WEST RIGHT-OF-WAY OF CRIS
HOLLOW ROAD AS SHOWN ON SAID PLAT RECORD 2005-14427;
THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING FOURTEEN
COURSES:
THENCE N31027'56"E 64.11 FEET;
THENCE N31°46'39"E 11.03 FEET;
THENCE N25°57'49"E 66.90 FEET;
THENCE N20°17'56"E 70.39 FEET;
THENCE N20002'43"E 76.94 FEET;
THENCE N19°29'00ME 68.94 FEET;
THENCE N22°24I41"E 71.65 FEET;
THENCE N25°08'40'1E 17.26 FEET;
THENCE N30°26'061IE 69.71 FEET;
THENCE N37°07'37"E 15.88 FEET;
THENCE N44°02'51"E 103.60 FEET;
THENCE N44°54'1611E 77.98 FEET;
THENCE N31058'38HE 90.16 FEET;
THENCE N16°52'37"E 26.77 KEET TO THE POINT OF BEGINNING, CONTAINING
35.71 ACRES, MORE OR LESS.
SUBJECT TO THE RIGHT-OF-WAY FOR CRIS HOLLOW ROAD ALONG A
PORTION OF THE WEST SIDE THEREOF, AND ANY EASEMENTS,
COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
G:/051168-00/SUR/DESC/ DescTractB.doc
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IN THE COUNTY COURT OF WASHINGTON COUNTY ARKANSAS
No. CC- 2006-1 ^
IN RE: PETITION OF MASSEY HOLDINGS, LLC, et al. Td&NNEX ^
PROPERTY TO CITY OF JOHNSON S^ —
o';' c/;
ORDER OF ANNEXATION .->. _„ • 7]
On this 15THth day of February, 2006, comes on for heacifig'before^he
Washington County Court the Annexation Petition filed by Massey HoldSgs,
LLC, et al. From a review of the case file and the proof, the Court finds:
1. The allegations of the Petition are sustained by the proof;
2. The requirements for signatures under Ark. Code Ann. Sec. 14-40-601
have been complied with;
3. The limits of the territory to be annexed have been accurately
described and an accurate map thereof made and filed; and,
4. The prayer of the petitioners is right and proper.
IT IS, THEREFORE, ORDERED that the Annexation Petition filed by
Massey Holdings, LLC, et al. is hereby granted and the territory described in
Exhibit UA" attached hereto is hereby annexed to the City of Johnson, Arkansas.
ENTERED this 15th day of February, 2006.
.i^x \j rr-'
hingfon'County Judge
TRACT B AS SHOWN ON A TRACT SPLIT PLAT FILED IN THE CIRCUIT
CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD
2005-14427, BEING PART OF THE NW 1/4 OF THE NE 1/4 OF SECTION 28,
TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE NE 1/4
OF SAID SECTION 28 AS SHOWN ON SAID PLAT RECORD 2005-14427;
THENCE ALONG THE NORTH LINE THEREOF S88°05'39"E 3 75.41 FEET TO THE
POINT OF BEGINNING,
THENCE CONTINUING ALONG SAID NORTH LINE SS8°05'39"E 806.16 FEET TO
A ARKANSAS STATE HIGHWAY MONUMENT ON THE WEST RIGHT-OF-WAY
OF U.S. INTERSTATE HIGHWAY 540;
THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING TWO
COURSES;
THENCE S09035'05"E 682.84 FEET TO A ARKANSAS STATE HIGHWAY
MONUMENT;
THENCE S02°22'45"W 644.86 FEET TO THE SOUTHEAST CORNER OF THE NW
1/4 OF THE NE 1/4 OF SAID SECTION 28;
THENCE NS7°mO"W 1321.53 FEET;
THENCE N02°18133"E 566.53 FEET TO THE WEST RIGHT-OF-WAY OF CRIS
HOLLOW ROAD AS SHOWN ON SAID PLAT RECORD 2005-14427;
THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING FOURTEEN
COURSES:
THENCE N31027'56"E 64.11 FEET;
THENCE N31046'39"E 11.03 FEET;
THENCE N25°57'49"E 66.90 FEET;
THENCE N20017'56"E 70.39 FEET;
THENCE N20°02'43"E 76.94 FEET;
THENCE N19°29'00"E 68.94 FEET;
THENCE N22°24'41"E 71.65 FEET;
THENCE N25°08'40"E 17.26 FEET;
THENCE N30°26106"E 69.71 FEET;
THENCE N37°07'37"E 15.88 FEET;
THENCE N44°02'51"E 103.60 FEET;
THENCE N44°54'16"E 77.98 FEET;
THENCE N3r5S'3S"E 90.16 FEET;
THENCE N16°52'37"E 26.77 FEET TO THE POINT OF BEGINNING, CONTAINING
35.71 ACRES, MORE ORLESS.
SUBJECT TO THE RIGHT-OF-WAY FOR CRIS HOLLOW ROAD ALONG A
PORTION OF THE WEST SIDE THEREOF, AND ANY EASEMENTS,
COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
G;/051168-00/SUR/DESC/ Desc Tract B.doc
State of Arkansas
Secretary of State
Business & Commercial Services 682-3409
Elections 682-5070
Building &1 Grounds 682-3407
Communications & Education 683-0057
Stale Capitol Police 682-5173
Business Office 682-8032
Information Technology 682-341 I
Charlie Daniels
Secretary of State
July 25, 2006
The Honorable Karen Combs Pritchard
-Washington County Clerk
280 North College, Suite 300
Fayetteville, AR 72701
Dear Ms. Pritchard:
The Following Information has been recorded and filed in the Office of the Secretary of State:
Date: 07/24/2006
Annexation:
County: Washington City: Johnson
Incorporation:
Ordinance No. - 2006-05
Co. Order No - 2006-1
Plat - X
Election
Island
Ordinance No.
Co. Order No.
Plat
Election
Census Information: The following City or Town has been upgraded or reduced to:
" 1 st Class City
2nd Class City
Incorporated Town
I have forwarded this information to the Arkansas Municipal League and the Arkansas
Highway and Transportation Department. If you have any further questions please do not
hesitate to contact me at 1-800-482-1127 or 682-3526
Sincerely,
O(
Tena Arnold
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: • www.sos.arkansas.gov