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HomeMy WebLinkAboutOrdinance 1589 ORDINANCE NO , R Q Z4 AN ORDINANCE AMENDING ZONING ORDINANCE NO . MRVISED ZONING DIS - TRICT MAP OF FAYETTEVILLE , ARKANSAS , APP ROV D MA CC . , .;1962 , TO REZONE ' p CERTAIN REAL ESTATE FROM A- 1 ANNEXED TERRITOFEIZ� .DI'STRICT , AND 0- 1 OPEN LAND DISTRICT, TO R- lA , SINGLE FAMILY RESIDENTYAL DISTRICT , AND R- 3 MULTI - FAMILY RESIDENTIAL DISTRICT . WHEREAS , A public hearing was held before the Planning Commission of the City of Fayetteville , Arkansas , on Tuesday , February 20 , 1968 , on the petition of Country Club Estates Corporation , requesting that said Planning Commission recommend to the Board of Directors of the City of Fayetteville , Arkansas , that the Board of Directors enact an ordinance rezoning the following described property , presently zoned A- 1 , Annexed Territory District , and 0- 1 , Open Land District , to R- lA , Single Family Residential District , all of said real estate except the two tracts des - cribed as Tract " A" and Tract " B " which are to be rezoned to R- 3 Multi- Family Residential District , to-wit : Part of the Northwest Quarter ( NW 1/4 ) of the Northwest Quarter (NW 1/4 ) and part of the Southwest Quarter ( SW 1/ 4 ) of the Northwest Quarter (NW 1/4 ) and part of the Northwest Quarter ( NW 1/4 ) of the Southwest Quarter ( SW 1/4 ) all in Section 27 , and part of the Northeast Quarter ( NE 1/4 ) of the Northeast Quarter (NE 1/4 ) and part of the Southeast Quarter ( SE 1/4 ) of the Northeast Quarter ( NE 1/4 ) and part of the Southwest Quarter ( SW 1/ 4 ) of the Northeast Quarter (NE 1/ 4 ) and part of the North- east Quarter (NE 1/4 ) of the Southeast Quarter ( SE 1/4 ) all in Section 28 , T- 16 -N , R- 30 -W , Washington County , Arkansas , and more particularly described as follows : Beginning at the Southwest corner of the NE 1/4 of the Southeast Quarter ( SE 1/4 ) of said Section 28 thence S 86014140 " E , 794 . 96 feet along the South line of said NE 1/4 of the SE 1/ 4 to the centerline of an existing road ; thence N O5 ° 58158 " E , 69 . 86 feet along the center- line of an existing road ; thence N 05 ° 58 ' 58 " E , 285 . 47 feet along the centerline of an existing road ; thence N 05000142 " W , 83 . 91 feet along the centerline of an existing road to an intersection with the centerline of Country Club Road , said intersection being at a point of _'cuivature` in Country Club Road ; thence Southeasterly along the centerline of Country Club Road along an arc having a length of 395 . 42 feet with a radius of 309 . 32 feet to a point of curvature in Country Club Road ; thence Southeasterly along the centerline of said road along an arc having a length of 187 . 33 feet and a radius of 216 . 23 feet to a point of curvature ; thence 'S 28 ° 37 ' 02 " E , 49 . 97 feet along a tangent section of said Country Club Road ; thence S 28 ° 37 ' 02 " E , 45 . 30 feet to a point Poon 726 PACE U 1,11c?0FrLmED DATE o_ CT 1 1 19)g REEL I c� on the South line of the NE 1/4 of the SE 1/ 4 of said Section 28 ; thence S 86014 ' 40 " E , 69 . 51 feet to the South- east corner of said NE 1/ 4 of the SE 1/ 4 of Section 28 , thence S 87011 ' 20 " E , 1323 . 22 feet along the South line of the NW 1/ 4 of the SW 1/4 of Section 27 to the South- east corner of said NW 1/ 4 of the SW 1/ 4 of Section 27 ; thence N 03 ° 06 ' 40 " E , 849 . 55 feet along the East line of said NW 1/ 4 of the SW 1/4 of Section 27 ; thence N 70003130 " W , 350 . 19 feet ; thence N 44047100 " W 332 . 31 feet ; thence N 22 ° 16 ' 00 " W , 423 . 66 feet ; thence N 130 31133 " W , 379 . 20 feet ; thence N 13 ° 27 ' 40 " W , 170 . 85 feet ; thence N 11044 ' 00 " W , 227 . 99 feet ; thence N 07 ° 01 ' 20 " E , 331 . 63 feet to the North line of the SW 1/ 4 of the NW 1/4 of said Section 27 ; thence N 86 ° 52 ' 10 " W , 264 . 93 feet along the North line of said SW 1/ 4 of the NW 1/ 4 of Section 27 ; thence N 03010100 " E , 873 . 56 feet ; thence N 86035120 " W , 183 . 39 feet ; thence S 03 ° 03 ' 40 " W , 916 . 03 feet to an intersection with the centerline of an exist- ing road ; thence S 28032 ' 14 " W , 97 . 91 feet along said centerline to a point of curvature ; thence Southwesterly along the centerline of said road along an arc having a length of 196 . 98 feet and a radius of 463 . 74 , feet to a point of tangency ; thence S 04 ° 11 ' 59 " W , 109 . 91 feet along the centerline of said existing road to a point of curvature ; thence Southwesterly along the centerline of said existing road along an arc having a length of 284 . 60 feet and a radius of 183 . 30 feet to a point of tangency ; thence N 86050129 " W , 670 . 41 feet along the centerline of said existing road to an intersection with the centerline of Country Club Road ; ,thence N 08_° 00 # 2) " E , 204 . 41 feet to the centerline of Country Club Road at a point of curvature ; thence Northeasterly along the centerline of Country Club Road along an arc having a length of 171 . 91 feet and a radius of 280 . 72 feet to a point of curvature ; thence N 47 ° 23 ' 38 " E , 142 . 67 feet along the centerline of Country Club Road in a tangent section ; thence Northerly along the centerline of Country Club Road along an arc having a length of 186 . 02 feet and a radius of 70 . 76 feet to a point of curvature ; thence N 13013140 " W , 36 . 95 feet to the North line of SE 1/ 4 of the NE 1/ 4 of Section 28 ; thence N 86 ° 52 ' 10 " W , 409 . 28 feet to the Northwest corner of said SE 1/4 of the NE 1/ 4 of Section 28 ; thence S 03009110 " W , 655 . 16 feet along the West line of said SE 1/4 of the NE 1/ 4 of Section 28 ; thence S 03017 ' 20 " W , 326 . 77 feet along the West line of the SE 1/ 4 of the NE 1/4 of Section 28 ; thence S 640 11910 " W , 313 . 91 feet ; thence S 03028140 " W , 177 . 91 feet to the South line of the SW 1/4 of the NE 1/4 .of said Section 28 ; thence S 86 ° 58140 " E , 278 . 73 feet along the South line of said SW 1/4 of the NE 1/4 to the Southeast corner of said SW 1/4 of the NE 1/4 of Section 28 ; thence S 03041150 " W , 1315 . 77 feet along the WEst line of the NE 1/4 of the SE 1/4 of said Section 28 to the point of beginning . Containing 119 . 42 net acres . q BOOK 726 PAGE 422 The following Tract "A ° portion of real estate is to be rezoned from 0-1 Open Land District , to R-3 , Multi-Family Residential District . TRACT "All A part of the SE 1/42 NE 1/4, Section 28, T-16-N, R-30-W, Washington County, Arkansas . More particularly described as follows : Beginning at the NE corner of said SE 1/4 of the NE 1/4 , thence S 8605211011 E, 409 . 28 feet along the North line of said SE 1/4 of the NE 1/4, thence S 13013 ' 40" E, 66 . 95 feet to the Southerly right-of�way line of West 24th Street , thence Southerly along the West right-of-way line of W. 24th S�reet and Country Club Drive, thence S 74°20120'f W, 191 . 34 feet , thence N 42 35104" W, 226 . 41 fee8 to its intersection with the West line of said SE 1/4 of tie NE 1/4, thence N 03 171201t E, 326 . 77 feet along said West line, thence N 03 0911011 E, 655 . 16 feet along said West line to the point of beginning. The following Tract "Ell portion of real estate is to be rezoned from 0-1 Open Land District , to R-3 Multi-Family Residential District . TRACT "B" Part of the NW 1/4 of the SE 1/4 of Section 27, T-16-N, R-30-W, Washington County, Arkansas , and more particularly described as follows : Beginning at the SE corner of said NW 1/4 of the SW 1/42 thence N 87011120" W, 37 . 73 feet along the South line of said NW 1/4 of the SW 1/4, thence N 02 48140" E, 318 . 03 feet , thence N 28000100 " E , 127 . 96 feet thence N 57005 ' 00" E, 353 .07 feet to a point on the East line of the said NW 1/4 of the SW 1/4 , thence S 03°06 ' 4011 W, 640 . 00 feet along the East line of said NW 1/4 of the SW 1/4 to the point of beginning . and WHEREAS , notice of said public hearing, setting forth the date , time , place and purposes of said hearing and location of property was published in the Northwest Arkansas Times , a newspaper of general circulation in said City, more than 15 days prior to said public hearing, and WHEREAS , following said public hearing, and Planning Commission certified to the Board of Directors of the City of Fayetteville, Arkansas its recommendation that m ordinance be adopted rezoning the above-described property presently zoned A-1, Annexed Territory District , and 0-1 Open Land District , to R-lA , Single Family Residential District , except Tracts "All and "B " which it recommends be rezoned to R-3 Multi-Family Residential District , NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS : SECTION 1 . That the above-described property, which is presently zoned A-1 Annexed Territory District , asd 0-1 Open Land District , be and the same hereby is rezoned to R-lA Single Family Residential District , except for Tract "A " and "B" which are hereby rezoned to R-3 Multi-Family Residential District . BOOK 726 PAfE423 SECTION 2 . That all ordinances or parts of ordinances in conflict herewith are repealed , and this ordinance shall be in Hill force- .and effect from and after its passage, approval and publication . PASSED AND APPROVED this 4th day of March , 1968, APPROVED : ATTEST : QS DON TRUMBO, MAYOR GEORGE J D $ , CITY CLERK Ar i : N f '\ J '1 •F '11 BOOK 726 PACE 424 STATE of ARKANSAS 1 Jt County of Washin n as. stiul2 Cn In , I, .__-_ . �._------- --- -------- --- ----- ---__------------ hereby certify that I am the ( eneral Manager) of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not . less than four pages of five columns each, published at a fixed place of business and at a fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City & County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at least fifty %. percent of the subscribers thereto have paid cash for their subscriptions :to the newspaper or its agents or through recognized news dealers over a - - ' period of at least six months ; and that the said newspaper publishers an average of more than forty percent news matter. I further certify that the legal notice hereto attached in the matter of ---------------- was published in the regular daily issue of said newspaper for--1_—_— � - eeneewtive insertions as follows : IVA The first insertion on the --------/_ -__________ day of _- --- 19 6 f' the second insertion on the -- —_. day of _ — 19-- TTpp.�� -R_ the third insertion on the -------------- _________ day of ____ —___.-_-- 19_-- _ and the fourth insertion on the __ _ Any of 19 s 1 Sworn to and subscribed before me on this _24�__-- day of 00 No yublic My Commission Expires : sawl , rZ Fees for Printing Cost of Proof Total CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I . GEORGE J . DAVIS , City Clerk within and for the City of Fayetteville , Arkansas , do hereby certify that the annexed and foregoing is a true and correct copy of t . 2AO , therein set forth , and V � the same is as it appears of Record in PROCEDURE OF CITY COUNCIL RECORD , Volumeat Pagep25�Cthereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day of 19 0o IS �i r' do 4 �• CITY C/LEPW BOOK 726 PAU 425 CERTIFICATE OF RECORD MTE OF ARKANSAS Washington CountyI SS. 1, Alma L. Kollmeyer, Circult Clerk and Ex•Officio Recorder for Washington County, do hereby certify that the annexed or fore_ Going instrument was hrdd I rec� y� my office on the ,L / of re _3 " at OA.J a;.; y`'the.//,/day Y corded in t. and she sall e- is Witness —oay o_��r at a; � ,2 MY hood enU seal this�day ° - ed BY DeputY Clerk bn r -he centerline IngIvwww ) 3 G the road ta :a potpt thence Sou glopg an :. .or 9detlon, -760 4vIRNt 24.60 fe o 'Wash' torr 4D YY feet to a and 'Hi0 a �{rilcYtlafly N 86°50' as followti• Beglnding tY'�the E the ce . mrnp' roc, said NW �� sy..qt She SW ` roetll 15. tMnce N g7°1P7Vr -W, 337.73 het along the South dine of said He NW 1 , of the SW 1*, thence N 02046140" E, 318.031. thence .tCalA(. N 26'00'00" E, 121.96 lltret. thence u N 51005100" E, 333.07 feet to a lure; th point on the East line of the said o the ceiU NW I of the SW 1d thence S n Road a 03.06'40" W. 64000 feet along the w'dergth of East line of said NW 14 of the n :of 2&672 9blie 1♦ to the point of beginning. p5Sure: th milecbalong .t di EREAS notice of said public try Clpb Road g. setting forth the date, - dfon; thence No place and purposes of said .,.centerline of Co g' antl lOcetlop of tyroperty Flatganarehe% ng. ublished in the' Northwest n,.1h6.02 feet and radi as TiT7M, r newspaper of 1 circulation 1n Mid. City. than 15 days pr7or to said hearing, and WHEREAS, following Said public 9 [ of, add- bearing, and Planning Commission " r Section certified to the Board of Directors t S of the City of Fayetteville Arta isas 03°00'10" W, 65536, ; s its recommendation that an ordi. - 1the West line npt nance he adopted rezoning the tith - a ihe, NG o[ Seu suit above-describedproperty ter (ew 1:) all in Section 'M and n9 0a° IN20" W. 32A77 present- ]y zoned A-1, Annexed Territory Port of the Northeast •• r Rte •,W,0st line of the District, and 0.1 Oen Lend Dns. (NE 1i) of the No dhe � d4 of Sec4on 26; trict. to R-IA Single Family Real. ter fNE 1441 and Y W, e y ♦ lwI HSg76 al?W f so dentist District, except Tracts "A" east Quarter ISE . ; 8180Ci.:. .9Y - a and B" which it recommends be Northeast rezoned to R-3 Multi-Family Resi• Part of theuartep o dential District. ter �) of th NOW, THEREFORE, BE IT OR. ter (NE 111 1 ) DAINED BY THE BOARD OF DI. Northeast RECTORS OF THE CITY OF FAY. ETTEVILLE, ARKANSAS- Was SECTION 1. That the above-de. Wa! scribed property which is presence more Dartl ly zoned A-1 Annexed Territory follows: - - District and 0-1 Open Land Dis. trict. be and the same hereby is rezoned to R-IA Single Family Res- idential District, except for Tract "'A" and "B" which are hereby rej zoned to R-3 Multi-Family Resi. dential District. 'FRA SECTION 2. That all ordinances A part) ttlg0yierBE ♦, NE !t, Or parts of ordinances in conflict her¢with are hereby repealed, and this ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED AND APPROVED THIS 4th day of March, 1906.. APPROVED: DON TRIIMBO. Mayor ATTEST. GEORGE J. DAVIS. 2 erk ,ad _",_ . I4