Type: MAUNOTParty: Ordinance NO. 1041County: PulaskiAttorney/Contact: Tina Timmons
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF MAUMELLE, COUNTY OF PULASKI, STATE OF ARKANSAS, AN ORDINANCE TO BE ENTITLED: ORDINANCE NO. 1041, AN ORDINANCE AMENDING THE MAUMELLE LAND USE PLAN AND MAP DUE TO ANNEXATION AND FOR OTHER PURPOSES.
WHEREAS, the Maumelle Planning Commission, upon request of the property owner, considered an amendment to the Maumelle Land Use Map for the property known as the “Bradley Property,” the owner of which has petitioned for annexation to the City of Maumelle, and recommends that the City Council adopt the Maumelle Land Use Map reflecting said changes; and
WHEREAS, on June 24, 2021, at a public hearing, the Planning Commission approved a motion to recommend adoption of the amendment to the land use map to the Maumelle City Council; and
WHEREAS, the City Council has reviewed the recommendations of the Planning Commission, the recommendation of staff, and has obtained facts, statements and other information concerning the request to adopt the land use plan on certain property; and
WHEREAS, the City Council finds that changes in the area, including the annexation of the proposed area to be amended, as well as other evidence submitted, sufficiently justify the proposed land use plan change.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MAUMELLE, ARKANSAS, AS FOLLOWS:
Section 1. The Maumelle Land Use Plan and Map is hereby amended to show that the land use on the areas identified as “Tract A of the Bradley Property,” located as follows: “A portion of the NE 1/4 of Sect. 20, Township 3 North, Range 13 West, Pulaski County, to be annexed by the City of Maumelle, Arkansas,” that was previously designated as ETJ (Extra Territorial Jurisdiction) to COMM (Commercial) to accommodate the anticipated use by the applicant. This area is identified by the following legal description:
TRACT A: A PORTION OF THE NE 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: STARTING AT A FOUND CONCRETE MONUMENT FOR THE NW CORNER OF THE SE 1/4 OF THE NE 1/4 OF SECTION 20, ALSO BEING THE POINT OF BEGINNING; THENCE N89°09’32”W ALONG THE NORTH LINE OF THE SE 1/4 OF THE NE 1/4 A DISTANCE OF ~365.76 FEET TO A SET 5/8” REBAR/CAP; THENCE N00°52’19”E A DISTANCE OF 1231.85 FEET TO A POINT ON THE CENTERLINE OF HIGHWAY 365; THENCE S58°50’01”E ALONG SAID CENTERLINE A DISTANCE OF 436.27 FEET, TO A POINT ON THE EAST LINE OF THE NW1/4 OF THE NE1/4; THENCE S00°52’19”W ALONG SAID EAST LINE A DISTANCE OF 1006.41 FEET TO THE POINT OF BEGINNING AND CONTAINING 9.34 ACRES, MORE OR LESS.
Section 2. The Maumelle Land Use Plan and Map is hereby amended to show that the land use on the areas identified as “Tract B of the Bradley Property,” located as follows: “A portion of the NE 1/4 of Sect. 20, Township 3 North, Range 13 West, Pulaski County, to be annexed by the City of Maumelle, Arkansas,” that was previously designated as ETJ (Extra Territorial Jurisdiction) to SFD (Single Family Detached) to accommodate the anticipated use by the applicant. This area is identified by the following legal description:
TRACT B:
A PORTION OF THE NE 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: STARTING AT A FOUND CONCRETE MONUMENT FOR THE NW CORNER OF THE SE 1/4 OF THE NE 1/4 OF SECTION 20, ALSO BEING THE POINT OF BEGINNING; THENCE N89°50’30”E ALONG THE NORTH LINE OF THE SE 1/4 OF THE NE 1/4 A DISTANCE OF 1336.55 FEET TO A FOUND 1/2” REBAR FOR THE NE CORNER OF THE SE 1/4 OF THE NE 1/4; THENCE S00°51’59”W ALONG THE SECTION LINE A DISTANCE OF 869.70 FEET TO A SET MASONRY NAIL; THENCE N85°09’10”W A DISTANCE OF 512.93 FEET TO A FOUND 1/2” REBAR; THENCE S83°57’44”W A DISTANCE OF 717.62 FEET TO A SET 5/8” REBAR/CAP; THENCE S08°44’34”E A DISTANCE OF 303.50 FEET TO A SET 5/8” REBAR/CAP, ALSO BEING A POINT ON THE NORTH RIGHT OF WAY (R/W) LINE OF THE UNION PACIFIC RAILROAD; THENCE S83°55’12”W ALONG SAID R/W LINE A DISTANCE OF 1113.39 FEET TO A SET 5/8” REBAR/CAP, ALSO BEING A POINT ON THE SOUTH LINE OF THE SW1/4 OF THE NE 1/4; THENCE N89°28’13”W ALONG SAID SOUTH LINE A DISTANCE OF 386.90 FEET TO A FOUND 3/4” BOLT FOR THE CENTER 1/4 CORNER OF SECTION 20; THENCE N01°20’23”E ALONG THE WEST LINE OF THE SW 1/4 OF THE NE 1/4 A DISTANCE OF 1314.04 FEET TO A FENCE CORNER POST FOR THE NW CORNER OF THE SW 1/4 OF THE NE 1/4; THENCE S89°56’36”E ALONG THE NORTH LINE OF THE SW 1/4 OF THE NE 1/4 A DISTANCE OF 1306.76 FEET TO A FOUND CONCRETE MONUMENT FOR THE NW CORNER OF THE SE 1/4 OF THE NE 1/4 OF SECTION 20 WHICH IS THE POINT OF BEGINNING AND CONTAINING 66.59 ACRES, MORE OR LESS.
Section 3. All other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. If any clause, sentence, paragraph, section or other portion of this ordinance is found to be unconstitutional, invalid, or inoperative by a court of competent jurisdiction, such findings shall not affect the validity of the remainder of these sections, nor shall any proceeding invalidating any portion of any section operate to affect any portion of the remainder of said sections not specifically attacked in said proceeding. APPROVED this 7th day of September, 2021. DR1T-09/21/2021