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HomeMy WebLinkAboutOrdinance 3668 FILED FOR RECORD ' 93 FEB Z en 2 .10 WASi' i �d � VON CO AR ORDINANCE NO. -4gy8 A . KOLLhfEYER AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION R92-41 FOR A PARCEL CONTAINING APPROXIMATELY 38 ACRES LOCATED EAST - OF SALEM ROAD, NORTH OF TIMBERLINE DRIVE REQUESTED BY BMP DEVELOPMENT, INC. WHEREAS, the applicant has made certain voluntary representations to the City of Fayetteville with regard to the subject property not being developed more densely than five (5) lots per aggregate acre as reflected in the Bill of Assurance attached hereto as Exhibit A and made a part hereof and, WHEREAS, the City of Fayetteville has relief upon these assurances in granting this rezoning petition. P BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That the zone classification of the following described property is hereby changed as follows: R92-41 for the real property described in Exhibit "A" attached hereto and made a part hereof. From A- 1 , Agricultural District to R- 1 .5 , Moderate Density Residential District with the understanding that the property will not be developed more densely than 5 lots per aggregate acre. Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED AND APPROVED ,this 15th day of December 1992 . APPROVED- By: Fred Hanna, Mayor ATTEST: . .. 0- k/ By: Sherry L . hbtria 93 059s: t *. ' l 'llllill CER=ICATE OF RECORD Stats o4 Arhipsos ( SS Cky of Fay z2te';Me I, &?!PrrY i"iian=v", City Clerk and Ex- Officto res ?e for the: City of F's!yti es:i:r, do h2treby certify that the annexed or loregoirg is of record i;, my office and the same appears in Ordinance & Resolution book XXV I :it page 3YS . Witness my hDnd cud seal t1i� of ,FA " $>f• 3:?!c,o ;:c_ . tar R EXHIBIT "A " LEGAL DESCRIPTION FOR R92-41 All that part of the Southeast Quarter of the Southwest Quarter of Section 6, Township 16 North, Range 30 West, lying South of Hamestring Creek, in Washington County, Arkansas; being more particularly described as follows, to- wit: Beginning at the Southwest Corner of said Southeast Quarter of the Southwest Quarter of Section 6; thence N 1 "24'25 " E along the West line of said 40 acre tract 1 ,224 feet, more or less, to the centerline of Hamestring Creek; thence Easterly along the centerline of Hamestring Creek to the east line of said Southeast Quarter of the Southwest Quarter; thence S 1 " 33 '04' W along said East line 1 ,020 feet, more or less, to the Southeast Comer of said Southeast Quarter of the Southwest Quarter; thence S 8859958 " E 1 ,319. 88 feet to the Point of Beginning; Also, all that part of the Southwest Quarter of the Southeast Quarter of Section 6, Township 16 North, Range 30 West lying South and West of Hamestring Creek, in Washington County, Arkansas; being more particularly described as follows, to-wit: Beginning at the Southwest Corner of said Southwest Quarter of the Southeast Quarter of Section 6; thence N 1033'04" E along the West line of said 40 acre tract 1 ,020 feet, more or less, to the centerline of Hamestring Creek; thence Southeasterly along the centerline of Hamestring Creek to the South line of said 40 acre tract; thence West along the South line of said 40 acre tract 670 feet, more or less, to the Point of Beginning, containing 38 acres, more or less, in all. 93 059'?7 0 �G 3GLp • R92 - 41 A4iCR0 . ! t1. 194ED BILL OF ASSURANCE This declaration of a Bill of Assurance made this (P. day of May , 1993 , by the undersigned , of BMP Development , owner of the following real estate described in Exhibit "A" attached hereto and made a part hereof located in the City of Fayetteville , Washington County , Arkansas . WHEREAS , the aforesaid owner of the real property described in said Exhibit "A" has petitioned the City Council of the City of Fayetteville , Arkansas , for the rezoning of said property to R-1 . 5 , Moderate Density Residential ; 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 guaranteeing the aforementioned property shall contain no more than five ( 5 ) lots per acre on the entire aggregate of the property described in Exhibit "A" . NOW, THEREFORE , the owner declares that the real property described iG Exhibit "A" shall be held , developed , transferred , sold , conveyed and occ4ie�P T r subject to the covenants and restrictions that said property shall no mdiertham m five lots per acre on the entire aggregate of the tract . u — WITNESS my hand this (pT� day of May , 1993 . -a � o BMP DEVEL m z Z m m n 3 n o p Ma rqu ss n .70 c.0 o s ACKNOWLEDGEMENT STATE OF ARKANSAS ) SS : COUNTY OF WASHINGTON ) BE IT REMEMBERED that on this day came before the undersigned , a Notary Public , within and for the County aforesaid , duly commissioned and acting , Mark Marquess , to me well known , who acknowledged that he had executed the foregoing Bill of Assurance for the consideration and purposes therein mentioned and set forth . WITNESS my hand and seal as such Notary Public this 119ZX -daj% ' of' • May , 1993 . Notary Public •; •a ;,;., a, My Commission Expires : > �••y .. _ C; ' /O - � 0260 2 R92 - 41 EXHIBIT A All that part of the SE 1/4 of the SW 1/4 of Section 6 , Township 16 North , Range 30 West lying South of Hamestring Creek , in Washington County , Arkansas ; being more particularly described as follows , to-wit : Beginning at the Southwest Corner of said Southeast Quarter of the Southwest Quarter of Section 6 ; thence N 1024125 " E along the West line of said 40 acre tract 1 , 224 feet , more or less , to the centerline of Hamestring Creek; thence Easterly along the centerline of Hamestring Creek to the east line of said Southeast Quarter of the Southwest Quarter ; thence S 1033104 " W along said east 1020 feet , more or less , to the Southeast Corner of said Southeast Quarter of the Southwest Quarter ; thence S 88059958" E 1 , 319 . 88 feet to the Point of Beginning . Also , all that part of the Southwest Quarter of the Southeast Quarter of Section 6 , Township 16 North , Range 30 West lying South and West of Hamestring Creek , in. Washington County , Arkansas , being more particularly described as follows , to- wit : Beginning at the Southwest Corner of said Southwest Quarter of the Southeast Quarter of Section 6 ; thence N 1033104 " E along the West line of said 40 acre tract 1 , 020 feet , more or less , to the centerline of Hamestring Creek ; thence Southeasterly along the centerline of Hamestring Creek to the South line Of said 40 acre tract ; thence West along to the South line of said 40 acre tract 670 feet , more or less , to the Point of Beginning , containing 38 acres , more or less , in all . , Y 93 2 '94 i, Alma Kollmoyor, Circuit Clerk and .:X-officio Rex-' for Ws. hiroton Cc•: n a :ry oiiiCel ir.<;r ;•�� i . . � ..... ._ now and r.r, Tat my 'r. :n., �fiized na a:- 1 of =id C.un on C:e cac 6- ::ixkd 'nerevn. A'raa Y.a: a.;yrr C:rca:t :'.§;:. end GhOi[ltf�iCCin�O/./;,G/f�l�4]l BILL OF ASSURANCE This declaration of a Bill of Assurance made this'315Y day of December , 1992 , by Mark Marquess of BMP Development , owner of the real estate described in Exhibit "A" , attached hereto and made a part hereof , located in the City of Fayetteville , Washington County , Arkansas . WHEREAS , the aforesaid owner of the real property described in said Exhibit "A" has secured from the Fayetteville City Council approval of a rezoning from A- 1 , Agricultural , to R-1 . 5 , Moderate Density Residential , the real property described in said Exhibit A ; and WHEREAS , the approval of said rezoning was contingent upon said real property not be developed at a density greater than five lots aggreage per acre ; and WHEREAS , the aforesaid owner is desirous of making a declaration of the same in the form of this Bill of Assurance with the intention of guaranteeing the preservation of certain values and amenities in the community and to bind the owner and its successors and assigns and the real estate described in Exhibit "A" and its subsequent owners with the obligations and restrictions hereinafter set forth for all present and future development and use of said property . NOW , THEREFORE , the owner declares that the real property described in Exhibit "A" shall be held , developed , transferred , sold , conveyed and occupied subject to the covenant and restriction that it shall not be developed at a density of more than five lots aggregate per acre . WITNESS my hand this 511-1 day of December , 1992 . BMP DEV ' OPMENT By '—M uess ACKNOWLEDGEMENT STATE OF ARKANSAS ) SS COUNTY OF ) BE IT REMEMBERED , that on this day come before the undersigned , a Notary Public , duly qualified , commissioned and acting within and for the aforesaid County and State , Mark Marquess , personally known to be the person executing the foregoing Bill of Assurance , and stated that he had executed same for the consideration and purposes herein mentioned and set forth . WITNESS my hand and seal as such Notary Public on this 3 day of December , 1992 . ,�� ^ • y� My Commission Expires : 3 Notary Public ``gyp ��FkN . . ... G VkOTA C43 Z Nr �i'pnn"unn�r 93 05938 u:t CM and on County, LJ _r ho')y ccrtifY }7, my this fo- a4fice f•'. e ' r•. -1 ta; rs'a ies s.. ..�mo is now :•.,e:r.c�t c • ,.-- , cn9 t.�- ' +m Ement ire -L 'uadaand �G �y.�` - - i ilSla h3raVa said f4r(.3 I. �-offida (;eL'613b� ' EXHIBIT A All that part of the Southeast Quarter of the Southwest Quarter of Section 6 , Township 16 North , Range 30 West , lying South of Hamestring Creek , in Washington County , Arkansas ; being more particularly described as follows , to-wit : Beginning at the Southwest Corner of said Southeast Quarter of the Southwest Quarter of Section 6 ; thence N 1124125" E along the West line of said 40 acre tract 1 , 224 feet , more or less , to the centerline of Hamestring Creek ; thence Easterly along the centerline of Hamestring Creek to the east line of said Southeast Quarter of the Southwest Quarter ; thence S 1033104 ' W along said East line 1 , 020 feet , more or less , to the Southeast Corner of said Southeast Quarter of the Southwest Quarter ; thence S 88059'58" E 1 , 319 . 88 feet to the Point of Beginning ; Also , all that part of the Southwest Quarter of the Southeast Quarter of Section 6 , Township 16 North , Range 30 West lying South and West of Hamestring Creek , in Washington County , Arkansas ; being more particularly described as follows , to-wit : Beginning at the Southwest Corner of said Southwest Quarter of the Southeast Quarter of Section 6 ; thence N 1033104" E along the West line of said 40 acre tract 1 , 020 feet , more or less , to the centerline of Hamestring Creek ; thence Southeasterly along the centerline of Hamestring Creek to the South line of said 40 acre tract ; thence West along the South line of said 40 acre tract 670 feet , more or less , to the Point of Beginning, containing 38 acres , more or less , in all . ORDINANCE NO. 3868 nor of said Southwest AN ORDINANCE REZON- Quarter of the Southeast ING THAT PROPERTY DE- Quarter of Section 6 ; SCRIBED ' IN REZONING thence N 1. 33'04" E along PETITION R9241 FOR A the West line of said 40 STATE of ARKANSAS PARCEL CONTAINING AP- acre tract 1,020 feet, more Ss. PROXIMATELY 38 ACRES or less, to the comenine of LOCATED EAST OF SALEM Hamestring Creek: thence County of Washington ROAD, NORTH OF TIM- Southeasterly along the QUEStEBIERLINE DRIVE FIE - center of Hamestring Creek p ' c' QUESTED BY INC. DEVE- to the South line of saitl 40 H•�ixn _l�l\�1yn LOPMENT; . acre tract, thence Wast I, J hereby Certify that I WHEREAS, the applicant along the South line of said am the publisher of THE NO THWEST ARKANSAS TIMES, a daily newspaper has made certain voluntary 40 acre tract 670 feet, representatives to the City more or less. to the Point ' having a second class mailing privilege, and being not less than four pages of five of Fayetteville with regardof Beginning, containing 38 columns each, published at a fixed place of business and at a fixed (daily) intervals to the subject property not acres, more or less, in an. continuous) in the Ci of Fayetteville, County of Washington, Arkansas for more being developed more den- BILL OF ASSURANCE. Y City Y Y B sely then five (5) lots Per This declaration of o Bin of than a period of twelve months, circulated and distributed from an established place aggregate acre as reflected Assurance made this 31st of business to subscribers and readers generally of all classes in the Ci and Court in the Bill of Assurance at- day of December, 1992. by g Y City County Mark Marquess of BMP for a definite price for each copy, or a fixed price per armum, which price was fixed Lathed hereto as Exhibit A Development, owner of the at what is considered the value of the publication, based upon the news value and ser- and mese a van hereof real estate aesched in hereto vice value it contains, that at least fifty percent of the subscribers thereto have paid Ex- and hibit A", attached nereto WHEREAS, the City of Fay- and made a part hereof. Io- cash for their subscriptions to the newspaper or its agents or through recognized news etteville has relief upon ceted in the City of Fayette- dealers over a period of a least six months; and that the said newspaper publishes an these assurances In grant- villa. Washington County. ing this rezoning petition. Arkansas. average of more than forty percent news matter. BE FIT ORDAINED BY THE WHEREAS, the aforesaid CITY COUNCIL OF THE owner of the real property CITY OF FAYETTEVILLE, described in said Exhibit I further certify that the legal notice hereto attached in the matter of ARKANSAS: ^A" has secured from the Section 1. That the zone Fayetteville City Council ap- classification of the follow- royal of a rezoningfrom Ing described Property is q 1 Agricultural, to e sidn hereby changed as follows: Moderate Density property for the real Property tial, the real property da- was published in the regular daily issue of said newspaper for described In Exhibit 'A" at- scribed in mid Exhibit A; consecutive IIISertiOnS SS follows: cached hereto and made a and 19 part hereof. From A-1 , 1 .5. tum) ate WHEREAS. the approval of The first insertion on the _ __ day of trio to R-1 .5. Moderate gent rezoning was Property Density Residential District gent upon elo real property with the understanding of that not g developed ata den- the second insertion on the day of 19 the property will not be tlo- aggregate greater than five lotsI veloped mora densely then ag9regete per acre: end 5 lots per aggregate acre. WHEREAS, the aforesaid ) the third insertion on the day Of 19 Si "Od 2. That Lha official owner ideclaratdesirous iion ofoof mak the oning map of the City is ' 9 19 Fayetteville. Arkansas, f same in the form of this and the fourth insertion On the day Of hereby amended to reflect Bill of Assurance with the . the zoning change in Seo- intention of guaranteeing tion 1 above. the preservation of certain alues entl amenities in the PASSED AND APPROVED v this 15th day of December. community and to bind the owner and its successors APP Publisher / General Manager and assigns end the real as- APPROVED: Mayor tate described in Exhibit By: Fred Hanna. "A' and its subsequent }!.( ATTEST: owners with me ohiigations. Sworn to and subscribed before me on this (l )) da of By: Sherry L. Thomas Y CRY Clark and restrictions hereinafter EXHIBIT 'A' set forth for all present and 19' LEGAL DESCRIPTION FOR future development and use 892-41 of said Property. All that part of the South- NOW, THEREFORE, the, east Quarter of the South- Owner declbie that nhereal Exhr I west Quarter of Section 6. property desc Township 16 North. Range bit A" shall be held. deve- Notary Public 130 West, lying South of lopetl, transferred, sold. Ha meatrin9 Creek , in conveyed and occupied Sub- Washington County. Arkan- tact to the covenant restrio- sea: being more Particularly tion that it shall not be do- described as follows. to-wit, mooeehentfia density lots a99o- My Commission Expires: Beginning at the Southwest ate per acre. Corner of she Southwest B Quarter of the Southwest WITNESSthis , Quarter of Section 6. 31st tley off December. thence N7'24'25" E along 1992. the West line Of said 40 BMP DEVELOPMENT �O acre tract 1 ,224 feet. more By: Mark Marquess OO or less, to the centerfne of ACKNOWLEDGEMENT Fees for Printing $ /• Hamestring Creek; - thence SATE OF ARKANSAS T Easterly along the center- COUNTY OF I COs[ OfProof $ line of Hamestring Creak to BE IT REMEMBERED, that the east line of said South- on this day come bafnre ..^y east Quarter of the South- —'the un erelgne B NOLery . ,fetal $ V, /• west Quarter; thence S Public duly qualified COM, , 1'33'04" W along Said East missioned and acting within line 1 ,020 feet. more or and for the aforesaid less. to the Southeast Cor- . County and State, Mark ner of Said Southeast Quer- Marquess , personally ter of the Southwest Ouar- known to be the person ex . ter; thence S 88'59'58" E ecubng the foregoing Bill of RECEIVED 1 .319.08 feat to the Point Assurance, and stated that Y L Of Begi^nln9: ha nail executed same for , Also, all that pan of the the consideration and pur- Sputnweet Quarter of the pre herein mentioned '. FEB 12 1993 Southeast Ouaner of Sec- end set forth. hand ' and tion e, Township 16 North. WITNESS my Range 30 West lying South seal as such Notary Public i an tl West bf Hamestring on this 31st day of Decert* FINANCE DEPT. Creek . In Washington bar. 1992. County. Arkansas: being Kathleen M. Davidson more Particularlytlescribed Notary Public as foil a. to-wit: BaB in- My Commission Expires: �.. ning at the South westCorry �=9195 -