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
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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
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• 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
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BMP DEVEL m z Z
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Ma rqu ss n
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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; '
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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
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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 -