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HomeMy WebLinkAboutOrdinance 3046 ED FOR RECORD '8S NOU y Pn 3 WASHI::,crcA 32 ALMA KOLLC r. NryAR ORDINANCE NO. 3046 OfRC�jr C ERK R 9to AN ORDINANCE INGF�FATHTH AT PROPERTY DESCRIBED IN REZONING PETITION R84- 18 FOR A PARCEL CONTAINING 90 . 08 ACRES LOCATED ON THE NORTH SIDE OF ARKANSAS HIGHWAY 16 WEST , WEST OF BETTY JO DRIVE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVIIdE. �J ARKANSAS: V Section 1 . That the zone classification of the following '- described property is hereby changed as follows : R84-18 Tract 1 described as set out in Exhibit "A" attached hereto and made a part hereof . a From A- 1 Agricultural District to R-1 Law Density Residential District , R84-18 Tract 2 described as set out in Exhibit "A" attached hereto and made a part hereof . From A-1 , Agricultural District to R-2 Medium Density Residential District . Section 2 . That the official 'zoning map of the City of Fayette- ville , Arkansas , is hereby amended to reflect the zoning change provided in Section 1 above . PASSED AND APPROVED this 6th day of November , 1984 . APPROVED: a6l Mayor C� fir^ _. t,...w l�•': r _ Y d it Clerk 7 pp rr,, L13ER1158 PAGE 675 Q EXMTf 'A' Petition No. 884-18 - Tract 1 : The following described property located in Washington County, Arkansas : Part of SW-1/4 of SW-1/4 , Section 6 , T-16-N , R-30-W to wit : Beginning at NE corner of said 40 acre tract ; thence running West 407 . 1/3 yards ; thence South to South line of said 40 acre tract ; thence East to SE Corner of said 40A tract , thence North to point , of beginning containing 37 1/3A , more or less . Petition No. 884-18 - Tract 2eThe following described property located in Washington County , Arkansas- Part of the W- 1/2 of fractional NW-1/4 , Section 7 , T-16-N , R-30-W, to wit : Beginning at a point 70 links N of SE corner of said 80A tract , running thence W 18 . 515 chains , thence North 39 . 30 chains ; thence East 18 . 515 chains , thence South 39 . 30 chains to point of beginning containing 72 . 75A more or less , less and except part of the W-1/2 of fractional NW- 1/41 Section 7 , T-16-N , R-30-W, to wit : Beginning at a point on North ROW of Hwy 16W, said point being 1221 . 99 ' W and 78 . 4 ' N of SE corner and running thence North 13201 ; thence East 6601 ; thence South 1320 ' to North ROW of Hwy 16W ; thence West along highway ROW 660 ' to point of beginning , containing 20 acres , more or less . LIBER115.8PASE696 CERTIFICATE OF RECORD STATE OF ARKANSAS I SS. ' Washington County to Alma L. Kollmeyer, Circuit Clerk and Ek-Otticlo Recorder for, t 1 , Washington County, do hereby certify that the annexed or joree goln Instrument was filed for record in my gffice on th ay, of $ta Ioc M, a the sam I duly recorded in record" at Witness my hand and seal th' .day of 19$$ out Circuit Clerk and - ficlo R f ded BY Clerk CERTIFICATE OF RECORD State of Arkansas ( SS City of . Fayetteville I, Suzanne C. Kennedy, City Clerk and Ex-Officio recorder for the City of Fayetteville, do hereby certify that the anncxc:l or fore- going is of record in my office and the sama ap nears in Ordinance & �Reessolution book xl X at page Q Witness my hand and seal this __ _day of City Clcr!c ate! r; ,..•• = r z t r ?t FOR FILED �85 NOU y RECORD Wgs;; P/72 ., _ 3 3 Atm A K pLC ;?vU' I ' AR CIRCUIT pLRYK Ry BILL OF ASSURANCE This declaration of a BILL OF ASSURANCE made this _4�2 e�l day of oym .M / , 1985 , by Bryce J . Davis and Betty Jo Davis , husband and wife , owners of record of the following described real v estate located in the City of Fayetteville , Washington County , Arkansas , and more particularly described as follows , to-twit : The East 1222 feet . of the W 1/2 of the Fractional NW 1/4 z of Section 7 , and the East 1222 feet of the SW 1/4 of the 1- Fractional SW 1/4 of Section 6 , all in Township 16 North , G Range 30 West . WHEREAS , the aforesaid owners of the real property described above have secured the approval of the Fayetteville Planning Commission to subdivide the above described property in phases ; and WHEREAS, the Fayetteville Planning Commission has approved the developers ' subdivision plat for Walnut Grove , Phase I ; and WHEREAS, the owners have offered to dedicate certain land as a site for a public park and the Fayetteville Planning Commission has determined that said land is suitable for a public park ; and WHEREAS, the owners must construct utilities across the proposed park site to serve Walnut Grove , Phase I ; and WHEREAS, to avoid the necessity of the owners surveying and recording utility easements across the proposed park site , the Fayetteville Planning Commission has determined that actual conveyance of the park land should be withheld until the utilities to serve Walnut Grove , Phase I have been installed but that such conveyance should be guaranteed by owners executing a bill of assurance binding the developers , their heirs , successors and assigns and the aforedescribed real estate and its subsequent owners with the obligation hereinafter set forth for all present and future development and the use of the said property . NOW, THEREFORE, the owners declare that the follcwin( ; described real property shall be held , developed , transferred , sold , conveyed and occupied subject to the covenants and restriction herein set forth : L13:D, rr. :: Elm s I -2- I . The owners shall convey to the City of Fayetteville , Arkansas , by warranty deed executed and delivered to the City ' s Director of Planning , fee simple title to the following described real property within 3 months fmn January 30 , 1986 : A part of the West Half (W 1/2 ) of the Fractional Northwest Quarter (NW 1/4 ) of Section 7 , Township 16 North , Range 30 West , being more particularly described as follows : Beginning at a point that is S 890 52 ' 28" W 1221 . 99 feet and N 0° 08 ' 38" E 1568 . 13 feet frau the S .E . corner of the SW 1/4 of the Fractional NW 1/4 of said Section 7 ; thence East 522 . 21 feet ; thence North 540 . 00 feet ; thence West 520 . 85 feet ; thence S 00 08 ' 38" W 540 . 00 feet to the Point of Beginning , containing 6 . 47 acres , more or less . Subject to the following utility easements : A 20 foot wide easement along the South , East , and North lines of said property ; a 30 foot wide easement along the West line of said property ; a 30 foot wide easement , the centerline of which begins at a point 152 . 6 feet West of the S .E . corner of said property , thence N 28° 15 ' W 613 . 0 feet to the North line of said property ; a 30 foot wide easement , the centerline of which begins at a point 265 feet North of the S .E . corner of said property , thence West 205 feet to the intersection of a 30 foot wide easement that bears N 280 151 / W. WMES,S our hands this 0 day of (0� ler ( Q2-J , 1985 . Bry is - . , Betty Jo is STATE OF ARKANSAS ) )ss: AC KNOWIEDQMENP COUNTY OF WASHINGTON) , d )) On this �� day of � Ug ( ( pit] , 1985 , before the undersigned , a Notary Public duly commissioned , qualified and acting within and for the State and County aforesaid , appeared in person Bryce J . Davis and Betty Jo Davis , husband and wife , to me personally known to be the persons executing the foregoing Bill of Assurance , and stated that they had executed same for the consideration and purposes therein mentioned and set forth . IN WITNESS WHEREOF, I have hereunto set my hand and offiei��}°0� ho seal . ''. dary Public � yLQ r ` . O 'e My Commission �9Ex/pires : c . V; i1A (ER1�58PHo- 698 F�� fD �86 NOU Dy R�ORD WASil , � 3 32 C/RCtIIrLCGI f �fRrAR RUL OF ASSURANCE CtfRK The .un is declaration of a BILI. OF ASSURPIKE made this _2, day of & I J , 1985, by Bryce J . Davis and Betty Jo Davis , � husband and wife , owners of record of the following described real estate located in the City of Fayetteville , Washington County , Arkansas , U.. and more particularly described as follows , to-wit : The East 1222 feet of the NW 1/4 of the Fractional NW 1/4 V of Section 7 , in Township 16 North , Range 30 West . WHEREAS , the aforesaid owners of the real property described above have secured the approval of the Fayetteville Board of Directors to amend the Fayetteville Zoning Map to rezone the above described property from District A-1 , Agricultural to District R-2 , Medium Density Residential ; and WHEREAS, the owners have promised and agreed to subject the develop- ment of said real estate pursuant to certain covenants and restrictions pertaining to the same ; and WHEREAS , the owners are desirous of making a declaration of the same in the form of this Bill of Assurance with the intention of guaran- teeing the preservation of certain values and amenities in the community and to bind themselves , their heirs , successors and assigns and the aforedescribed real estate and its subsequent owners with the obligation and restrictions hereinafter set forth for all present and future development and the use of the said property . NOW, UHEREPCRE, the owners declare that : 1 . The above described real property shall be held , developed , transferred , sold , conveyed and occupied subject to the covenants and restrictions herein set forth : I . The maximum density of any residential development shall be 12 units per acre . -2- 2 . The following described real property shall be held , developed , transferred , sold , conveyed and occupied subject to the covenants and restrictions herein set forth : -II- Upon request by the City of Fayetteville , Arkansas , owners shall dedicate to the City a 60 foot wide street , sidewalk and utility easement across the following described property to extend Salem Road northward from its existing terminus : A part of the SW 1/4 of the Fractional SW 1/4 of Section 6 in Township 16 North of Range 30 West , being more particularly described as follows ; Beginning at the N . E . corner of said SW 1/4 of the Fractional SW 1/4 ; Thence S 89° 52 ' 27" W 1222 . 00 feet ; Thence S 0° 09 ' 07" E 1046 . 37 feet ; Thence East 1050 . 25 feet ; Thence North 22 . 00 feet ; Thence East 171 . 70 feet ; Thence N 0° 09 ' 07" W 1027 . 05 feet to the point of beginning . The exact location of said easement shall be specified or approved by the City of Fayetteville . WITNESS our hands this -a?rL day of Lie kq J 1985 . Bryc ZDav BEWty o S STATE OF ARKANSAS ) )ss : ACKNOWIEDGKENT 03URrY OF WASHINMUN ) On this day of & fwLt4 1985 , before the undersigned , a Notary Public duIy ccmissioned , qualified and acting within and for the State and County aforesaid , appeared in person Bryce J . Davis and Betty Jo Davis , husband and wife , to me personally known to be the persons executing the foregoing Bill of Assurance , and stated that they had executed same for the consideration and purposes therein mentioned and set forth . M... IN WITNESS WHERRDF, I have hereunto set ffV hand an �o €I a1' ' •,°de •• seal . Bflq, U Uv�tG� i L Notlary Public �iON +' My Commission Expires : , .S . ' 11\3 is" ` � � :�1158PAGL 700 FILED FOR RECORD '8S NOU 4 Pn 3 32 h'ASH ; ,. Q. k ALk;;. C -� rrYAR Y, OLLIT:: � C O N T R A C T CIRCUIYER T CLERK THIS CONTRACT executed on this day of � , xc� s v 19 by and between G 1� hereinafter called the "Developers " , and the City of Fayetteville , U Arkansas , a municipal corporation , hereinafter called the "City . " In consideration of the mutual covenants contained herein , it is hereby agreed by and between the Developers and the City as follows , to-wit : 1 . The City agrees to accept and approve the final plat of the following described property prior to and in advance of the installa- tion of improvements required by Article III , Section A of Appendix C to the Fayetteville Code of Ordinances : FINAL PLAT OF WALNUT GROVE ADDITION, PHASE I LEGAL DESCRIPTION : A part of the Southwest Quarter ( SW- 1 /4 ) of the Fractional Southwest Quarter ( SW- 1 /4 ) of Section 6 and a part of the Northwest Quarter (NW- 1 / 4 ) of the Fractional Northwest Quarter (NW- 1 /4 ) of Section 7 all in Township 16 North , Range 30 West , being more particularly described as follows : Beginning at the Southeast corner of the Southwest Quarter of the Fractional Southwest Quarter of said Section 6 ; thence North 00 degrees 09 minutes 07 seconds West 297 . 46 feet ; thence West 171 . 70 feet ; thence South 22 . 00 feet ; thence West 1050 . 25 feet ; thence South 00 degrees 09 minutes 07 seconds East 278 . 14 feet to a point on the South line of said Section 6 ; thence South 00 degrees 08 minutes 38 seconds West 261 . 86 feet ; thence East 945 . 18 feet ; thence South 160 . 00 feet ; thence East 75 . 00 feet ; thence 47 . 12 feet along a curve to the South , said curve having a radius of 30 . 00 feet ; thence South 140 . 00 feet ; thence East 170 . 99 feet ; thence North 00 degrees 08 minutes 38 seconds East 594 . 54 feet to the point of beginning , containing 16 . 92 acres , more or less . (�g�R. 1158 Pa�� 701 2 . The Developers agree to install all improvements required by Article III , Section A of Appendix C to the Fayetteville Code of Ordinances within _Z-24- months from the date of this contract ; provided , a required sidewalk shall be installed no later than the time when i the driveway for the lot is installed , 3 , (a ) The Developers hereby grant to the City a lien on the above-described property to secure the installation of the aforesaid improvements . The developers further agree that in the event they fail to install the aforesaid improvements within the period specified in Section 2 hereof , the City may , at its sole discretion , install said improvements and take possession of and sell all of the above- described property , or any part thereof , in any manner provided by law , and may credit the net proceeds from said sale toward the costs incurred by the City in providing said improvementss , plus interest at the rate of ten ( 10 ) per cent per annum, without prejudice to further claims which may arise thereafter under the terms of this contract , ( b ) The City hereby agrees that it will release its lien on any individual lot in the development described in Section 1 hereof so long as the fair market value , as determined by the City , of the remaining lots on which the City has a lien exceeds the estimated cost , as determined by the City , of installing all required improvements . 4 , No structure shall be occupied and no utilities shall be connected for occupancy until all required improvements have been completed and approved by the City Engineer ; provided , the City may , in its sole discretion , release one or more lots prior to completion of all required improvements if the City determines that all improvements U9fR1158 ez. 702 it deems necessary for the use and occupancy of said lot or lots have been satisfactorily completed . 5 . No building permits shall be issued until all new streets are staked out and the street grade cut or filled to sub-grade elevation for curb , gutter , and pavement according to a street profile approved by the Street Superintendent . In the event the Developers fail to complete installation of all required improvements within the time provided in Section 2 hereof and the City does not elect to exercise its rights under Section 3 hereof , all required improvements must be constructed in accordance with City standards existing at the time installation of said improvements is resumed or begun . 6 . This Contract shall be binding upon the parties hereto and upon their heirs , successors , and assigns . WITNESS/ our hands and seals on this day of CITY OF FAYETTEVILLE , ARKANSAS A Municipal Corporation / gd6e L ;r6ze y . Mayor ATTEST . C P ity lerk I Alf 4 124& q Saw ��Q Pier 703 A C K N O W L E D G M E N T STATE OF ARKANSAS ) SS COUNTY OF WASHINGTON ) BE IT REMEMBERED , hat on this � � day of hrid"A_ , 19P, before the undersigned , a Notary Public , duly commissioned , qualified an actin within and for the County a 4e 1a , ap re d in person CL land \i�l ��. n to m pp er well na ly well known who stated and ac n��ged they had executed said Contract for the consideration , uses and purposes therein mentioned and set forth . In Testimony Whereof I ha hereunto set my hand and official seal this day of &j,& to , 19 ��. I Nil ' ••J, , No ary Public 0 ft My Commission Expires : 'bt .N003 L►M1158e.,� 704 A C K N O W L E D G M E N T STATE OF ARKANSAS ) SS COUNTY OF WASHINGTON ) 4-k BE IT REMEMBERED , that on this a 8day of � , 191 �5 , before the undersigned , a Notary Public , duly cmissioned , qualified and acting , within and for the Co my aforesa d , ap ared in person �11(Al le 7��giy d and I to me personally well known who state they were PU Mayor a d City Clerk of Fayetteville , Arkansas , a Municipal Corpora- tion , and e e duly authorized in their respective capacities to execute the foregoing Contract for and in the name and behalf of the City of Fayetteville , Arkansas , and further stated and acknowledged they had executed said instrument for the consideration , uses and purposes therein mentioned and set forth , In Testimon hereof I have h�Teyynt �� set my hand and official seal this a ,"' � day of /< J� ( E G(��L_ , 19 Notary Public �I C� ria `,• •3 T My Commission Expires : .-5r O 1 CERTIFICATE OF RECORD, STATE OF ARKANSAS I SS. Washington County ) CERTIFICATE OF RECORD I, Alma L. Kollmeyer, Circuit Clerk and Ex.Officio Recorder for State of Arkansas SS Washington County, do hereby certify that the annexed or ora- a $ of Fayetteville � goin instrument was filed for record in my 5tice on the day McWethy, City Clerk and of Gac I and the same is / 1. Suzanne C. y ;��� ecord t pore Ex-Officio recorder for the City of Fayetteville, duly recorded in 1 do hereby certify that the annexed or fore- Witness my hand and sealty , y of going isof record in my office and the same ap- t clrdpears in Ordinance & Resolution book ficioWitness mYat page��' day of ha and seal this ;ty lerk and Ex-Gf cio Reco r l�g�R1158 Pa�� 705