HomeMy WebLinkAboutOrdinance 3753 FILED FOR RECORD
194 AN 3 PIS 1 01
WASHINGTON CO AR
A . KOLLMEYER
ORDINANCE NO. 3753
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION R93-53 FOR A PARCEL
CONTAINING APPROXIMATELY 3 .90 ACRES LOCATED ON
THE EAST SIDE OF GREGG, NORTH OF SYCAMORE
REQUESTED BY R & B VENTURES, INC .
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:
R93-53 for the real property described in Exhibit "A " attached hereto and made
a part hereof.
From R- 1 , Low Density Residential District to R-2, Medium Density Residential
District.
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 21st day of December 1993 .
APPROVED :
By :
red Hanna, Mayor
ATTEST:
D
By :
Sherry L. Thomas, City Clerk
,� „� ..� 9400016
CERTIFICATE OF RECORD
State of Arkansas ( SS
City of Fayetteville
I, Sherry Thomas, City Clerk and Ex.
Officio recorder for the City of
Fayetteville, do hereby certify that the
annexed or foregoing is of record in my
office and the same appears in
Ordinance & ResoWtion b;,o'+„ l :it
page
t 40 6 witacYa ,,,y ham
§eal s ' �'—day
EXHIBIT "A "
LEGAL DESCRIPTION FOR R93-53
Lot Numbered Nine (9) and part of Lots Numbered Five (5) , Six (6), Seven (7),
and Ten (10) all in Block Numbered Twelve ( 12) of Parker's Plat of Valley View
Acres, an addition to the City of Fayetteville, Arkansas, as per plat of said
Addition on file in the Circuit Clerk and Ex-Officio Recorder of Washington
County, Arkansas, and being more particularly described as follows, to-wit:
Beginning at the center of Block Twelve, said point being the Southeast Corner
of Lot Five (5) and running thence N 88049'41 " E 126.20 feet to the Northeast
Corner of Lot Ten (10); thence S 00044'55 " E 163.22 feet; thence S 88034'36"
W 100.00 feet to a found iron pin; thence S 00" 10132" E 159. 88 feet to a found
iron pin; thence S 87050'23 " W 150. 24 feet to the Southwest Corner of Lot Nine
(9); thence along the West line of said Lot N 00 "41 ' 16" W 85 .30 feet; thence S
89007902" W 136. 88 feet to a found iron pipe; thence S 8831 ' ] 6" W 91 . 30 feet;
thence N 30002'22 " E 89.78 feet to a found iron pin in concrete; thence N
1444'03 " E 60.04 feet to a found iron pin in concrete; thence N 0433 '34" W
106.25 feet to a point on the South line of Lot Five (5), said point being 100.00
feet East of the Southwest Corner of Lot Five (5); thence along the South line of
said lot, 1 .55 feet to end point 171 .00 feet West of the Northeast Corner of Lot
Six (6); thence N 72049141 " W 92 .70 feet to a point on the East right-of-way of
Gregg Avenue; thence a segment along the said right-of-way N 29016'06" E
173 . 89 feet to the Northwest Corner of Lot Five (5); thence leaving said right-of-
way N 99047'52 " E 297 .00 feet to the Northeast Corner of Lot Five (5) ; thence
S 01 ' 12'07 " 179.25 feet to the point of beginning, containing 3 .90 acres, more
or less, all in Fayetteville, Washington County, Arkansas; subject to all easements
of record.
9400015?
- s2- 93 - 53
BILL OF ASSURANCE
COMES now SYLVESTER W. and LOIS GUIST, Owners, and RAYMOND J .
BERRYMAN, Owner; and THEY hereby covenant and agree to the following
conditions for that property hereinafter described:
1 . To limit the number of structures to Six (6) with the maximum
of fifty-six (56) units total.
2 . Said structures to be located as shown on the large scale
development plan on file with the Planning Commission .
3. To limit access only to Gregg Street.
4. To preserve existing trees as shown on the Tree Preservation
Plan .
5. To limit the height of structures to be no more than three (3)
stories or approximately forty (40) feet.
6. That, in the event that any one of the above five conditions is
not met, that zoning on the parcel would revert to R- 1 .
Subject property is located off Gregg and Sycamore Street, and is more particularly
described as follow, To-Wit:
Lot Numbered Nine (9) and part of Lots Numbered Five (5) , Six (6),
Seven (7), and Ten ( 10) , all in Block Numbered Twelve (12) of Parker's Plat
of Valley View Acres, an Addition to the City of Fayetteville, Arkansas,
as per plat of said Addition on file in the Circuit Clerk and Ex-Officio
Recorder of Washington County, Arkansas, and being more particularly
described as follows, to-wit: Beginning at the center of Block Twelve,
said point being the Southeast Corner of Lot Five (5) and running
thence N 88-49-41 E 126.20 feet to the Northeast Corner of• Lot Ten
(10) ,
94000158
Thence S 00-44-55 E 163.22 feet;
Thence S 88-34-36 W 100.00 feet to a found iron pin;
Thence S 00- 10-32 E 159.88 feet to a found iron pin;
Thence S 87-50-23 W 150.24 feet to the Southwest Corner
of Lot Nine (9) ;
Thence along the West line of said Lot N 00-41 -16 W
85.30 feet;
Thence S 89-07-02 W 136.88 feet to a found iron pipe;
Thence S 88-31 - 16 W 91 . 30 feet;
Thence N 30-02-22 E 89. 78 feet to a found iron pin in
concrete; -
Thence N 14-44-03 E 60.04 feet to a found iron pin in
concrete;
Thence N 04-33-34 W 106.25 feet to a point on the South
line of Lot Five (5), said point being 100.00 feet East
of the Southwest Corner of Lot Five (5);
Thence along the South line of said lot, 1 .55 feet to
end point 171 .00 feet West of the Northeast Corner of
Lot Six (6) ;
Thence N 72-49-41 W 92.70 feet to a point on the East
Right-of-Way of Gregg Avenue;
Thence a segment along the said Right-of-Way
N 29- 16-06 E 173.89 feet to the Northwest Corner of Lot
Five (5);
Thence leaving said Right-of-Way N 99-47-52 E 297.00
feet to the Northeast Corner of Lot Five (5);
Thence S 01 - 12-07 179.25 feet to the point of beginning ,
containing 3.90 acres, more or less, all in Fayetteville,
Washington County, Arkansas; Subject to all easements of
record.
The undersigned agree that their successor and assigns shall be bound by this
Agreement, and that this Agreement shall constitute a covenant with the land and
shall be binding on any transferee from the undersigned owners in the event of, a sale
or conveyance of said property, or any part thereof at a future date.
94000159
IN WITNESS whereof the undersigned do affix their signatures hereto this is
day of December, 1993 in Fayetteville, Arkansas.
4Sylves4er W. Guist, Owner Lois Guist, Owner
Raym nd J. Berryman , W4ner
STATE OF ARKANSAS )
) SS
COUNTY OF WASHINGTON )
ON THIS day personally appeared before the undersigned, a Notary Public
within and for the County and State aforesaid , duly qualified, commissioned and
acting , SYLVESTER W. GUIST and LOIS GUIST, and RAYMOND J. BERRYMAN , to
me well known as the persons who signed the above BILL OF ASSURANCE, and
stated they had executed the same for the considerations and purposes mentioned
and set forth .
Notary Public
OFFICIAL SEAL
MY Commission Expires: JANET L. BRADEN
ARKANSAS
WASHINGTON COUNTY
MY Cpmmlplon E.plras: 03 - 05 2002
E
94000150
Circuit Cicrke4
ICT ':.'-:hingion Counvo
_ , , ;• tF.at this 10-
r -- -d in my offico
Ck
rame Is now
c-:
p.:rowled6ement
� .� !;awrd Back and
cr
fc , -^?, 1 Mve hereunto
miized the seal of sold
C:cr: co,o indicctcd hereon
it Csr;: and
L•-a:�tc:o f.' cordo
!t i
STATE OF ARKANSAS
ss.
County of Washington
I, V 1�� i /U / 1,�.`�_� hereby cer-
tify that 1 am the publisher of AE 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
'- LECAL DEscRIPTlotu " a period of twelve months, circulated and distributed from an established place of business
ORDINANCE NO. 3783 . FOR R93-63 to subscribers and readers generally of all classes in the Cit and for a definite price
AN ORDINANCE REZON- g y Y Y P
ING THAT PROPERTY DE- Lot Numbered
PETITION 9 Nina (9) and for each copy, or a fixed price per annum, which price was fixed at what is considered the
SCRIBED REZONING rt of Lots Numbered Five value of the publication, upon n the news value and service value it contains, that at
PARCEL CONTAINING
FOR Apo lwNING ES Te Six (6).al 98VBl (7). um- least fifty percent of the subscribers thereto have aid cash for their subscriptions to the
PROXIMATELY THE
ACRES Ten 1101 all l Block and
y Pe P P
LOCATED ON THE EAST bared Twelve ( 1 2) of newspaper or its agents or through recognized news dealers over a period of at least six
SIDE OF GREGG. NORTH Parkeys Plat of Valley View months; and that the said news r ublishes an average of more than for[ scent news
OF SYCAMORE RE - Acres, an addition to the PSPe P g forty
QUESTED BY R & B VIEW City of Fayetteville, Arlon- matter.
TURES. INC. sea, as par plot of sold Ad- ,
ditlon on file In the Circuit
BE IT ORDAINED BY THE Clerk and Ex-Officlo Recor- I further certify that the legal notice hereto attached in the matter of
CITY COUNCIL OF THE der Of Washington County,
CITY OF FAYETTEVILLE,I Arkansas. and being more
ARKANSAS: particularly described as fol- Onill &Yy ry\1. 3-75 :zz)
lows. tc- h: Beginning at I
Section 1. That the zone the center of Block Twelve,
classification of the follow- Said point being the South- was published in the regular daily issue of said newspaper for
ing describer property is: east Corner f Lot Five (5/
o
hereby changed as follows: and running thence consi,'Cutive InseTllODS as fOIIOWs:
NSS'49'41 " E 126.20 feat Q � 1I
R93-53 for the real property to the Northeast corner of !t ` A da of 19 1 _I
described in Exhibit 'A" et- Lot Ten ( 101; thence S The fust insertion on the �( m.l.lt.l.q 1 y
tached hereto and made a 00'44'55" E 183.22 feet; '
pen hereof. thence S 08'34'36" W
100.00 feet to a found iron the second insertion on the day of 19
From R.I. Low Density Re- pin; thence S 00'10'32" E
sidential district to R-1 , Me- 159.88 feet to a found iron
dium density Residential pin: thence S 87'50423" W the third insertion on the day of 19
District. 150.24 feet to the South-
west corner of Lot Nine 191:
Section 2_ That the offi- thence along the West line and the fourth insertion on the day of 19
tial zoning map of the City of said
feteN 00*41the16e S t�
of Fayetteville,amended tenses, it 89'07'02" W 136.88 feet to R E C E I V E Y
thenngchag o rondo a found iron pipe; thence S i
the zoning change provided 08.31 '16" W 91 .30 feet:
in Section 1 above. thence N 30'02'22" E 89.78 k JQI7 I 07 7 1JJpp4
PASSED AND APPROVED feet to a found Iron pin in this 21st day of Decem- concrete : thence N Publisher General Manager
Der, 1993. 14044403" E in in feet toe FINANCE DEPT.
found iron pin in feett concrete;
APPROVED: thence N 04'33'34 " W
By: Fred Hanna, Mayor 106.25 feet to a Point on
ATTEST: the South line of Lot Five
By: Sherry L. Thomas 151, said point being 100.00
City Clerk feet East of the Southwest
corner of Lot Five (5):
EXHIBIT 'A' thence along the South line
of said lot, 1 .55 feet to end
point 171 .00 feet West of
the Northeast Comer of Lot
Six (6): thence N 72-49441 -
W 92.70 feet to a point on
the East right-of-way of
Gregg Avenue: thence e � �
-IC
a
segment along the said Swoon to on to and subscribed before this dof
right-of-way N 29'16.06" E Y
173.89 feat to the North- (J
west Corner of Lot Five 151: I ,(_ ,( It i 19�_
thence leaving 5rightof-
way N 9 E 297.00
feet thee North"Northeast comer
of Lot
five 151 thence 5
01 '12407" 1begin tea[ to
the point of beginning, con-
n-
taining 3.90 acres. more or Notary Public
lass, all in Fayetteville.
Washington County. Arkan-
aea; subject to an ease. My Commission Expires:
;ments. of record. _ _ _ - , Oq 01 —0I
Fees for Printing .$ "J '1
Cost of Proof $
Total $ 2J1-I •S