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