HomeMy WebLinkAboutOrdinance 3815 r CORD 7
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ORDINANCE NO. 3815
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION R94-29 FOR A
PARCEL CONTAINING APPROXIMATELY 6.70 ACRES
LOCATED ON THE EAST SIDE OF CROSSOVER ROAD,
NORTH OF JOYCE STREET, REQUESTED BY JIM
LINDSEY .
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:
R94-29 for the real property described 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 Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section 1 above.
PASSED AND APPROVED this 2nd day of August 1994.
APPROVED :
By:
Fred Hanna, Mayor
ATTEST: Vt mi X1, I
Traci Paul, City Clerk
Exhibit "A "
LEGAL DESCRIPTION FOR R94-29
A part of the SW 1 /4 of the SW 1 /4 of Section 19, Township 17
North, Range 29 West, Washington County, being more
particularly described as follows: Beginning at a point which is
S 0023' W 731 .54 feet and West 265 .00 feet from the Northeast
Corner of said 40 acre tract, thence S 0023 ' W 589.47 feet,
thence N 8915 '44" W 506.68 feet to the east right-of-way of
State Highway 265 , thence along said right-of-way on a non-
tangent curve to the right, having a chord bearing and distance of
N 0747522" E 562. 19 feet; thence N 2514' 16" E 28 .67 feet;
thence leaving said right-of-way East 422. 16 feet to the point of
beginning. Containing 6.70 acres, more or less, subject to
easements and right-of-way of record.
BILL OF ASSURANCE
This declaration of a Bill of Assurance made this 25th day of July, 1994, by Lindsey Family
Trust, James E. Lindsey, Trustee, U/T/A dated July 28, 1971 , owner of the following described real
property located in the City of Fayetteville, Washington County, Arkansas:
A part of the SW 1/4 of the SW 1/4 of Section 19, Township 17
North, Range 29 West, described as beginning at a point which is 265
feet West of the Southeast comer of said 40 acre tract, and running
thence West 507. 12 feet to the East right-of-way line of State
Highway #265, thence Northwardly along said right-of-way line the
following bearings and distances: North 07 degrees 31 minutes West
a distance of 77.66 feet, North 03 degrees 18 minutes West a distance
of 67.45 feet, North 01 degrees 21 minutes East a distance of 88.03
feet, North 06 degrees 55 minutes East a distance of 88.64 feet, North
13 degrees 03 minutes East a distance of 92.60 feet, North 21 degrees
15 minutes East a distance of 123.20 feet to a point which is South
21 degrees 15 minutes West 34.34 feet from a certain existing
highway right-of-way marker; thence East 446.36 feet to a point,
thence South 0 degrees 23 minutes West 525.36 feet to the point of
beginning.
ALSO, a part of the SW 1/4 of the SW 1/4 of Section 19, Township
17 North, Range 29 West, described as beginning at a point which is
South 0 degrees 23' West 731 .54 feet and West 265.0 feet from the
Northeast comer of said 40 acre tract and running thence West
422.05 feet; thence South 25 degrees 14' West 28.73 feet; thence
South 21 degrees 15' West 34.34 feet; thence East 436.34 feet; thence
N 0 degrees 23' East 58.0 feet to the Point of Beginning, containing
0.630 acres, more or less.
WHEREAS, the aforesaid owner of the real property described above has secured the
approval of the Fayetteville City Council to amend the Fayetteville zoning map to rezone the above
described property from A- 1 to R-2; and
WHEREAS, the owner has offered and agreed that any development of such real property
should be subject to certain covenants and restriction pertaining to same; and
WHEREAS, the 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 itself, its heirs, successors and assigns and the afore-described real
property and its subsequent owners with the obligations and restrictions hereinafter set forth for all
present and future development and use of said property.
940481 %
NOW, THEREFORE, the owner declares that the above described real property shall be
held, developed, transferred, sold, conveyed and occupied subject to the covenants and restrictions
herein set forth:
1 . Not more than eighty-four (84) residential apartment units, plus one ( 1 ) additional
unit for an onsite manager, may be constructed on the above described tract.
2. These assurances shall run with the land and shall be binding upon the owner, its
successors and assigns.
WITNESS my hand on this day of July, 1994.
LINPFY TRUST U/T/A JULY 28, 1971
BY:
y, TruVee
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
) ss.
COUNTY OF WASHINGTON )
On this ZS!t&y of July, 1994, before undersigned, a Notary Public, duly commissioned,
qualified and acting, within and for the said County and State, appeared in person the within named
James E. Lindsey, to me personally known, who stated that he was the Trustee of the Lindsey Family
Trust, and was duly authorized in his respective capacity to execute the foregoing instrument for and
in the name and behalf of said Trust, and further stated and acknowledged that he had so signed,
executed and delivered said instrument for the consideration, uses and purposes therein mentioned
and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this_~ y
of July, 1994.
OFFICtZSEAL 6ta4Public
. :. JOY L HOOPS
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Or Alma Kollmey eawl claw and
6c officio Recorder for Washington CWX*fc
Ar"nsas, do horcbY certify that this Io-
stiumcntwasfil::dforrecordtn'my ;i: � ', ' r
m indicated heroon and tl'a some is now
duly recorded eei;n tha ac nawiedgomeM
and certifio :tc thoroon In.Raco(d.000k and .:.:,w.:>w�....,>.:..•.:,:..i�'.�
Page as indicc;ed thoroon. • - JAS; 1/tr,%t1MI=kN
IN WITNE :t W,iMOF, I have hr Wl" " ' . ' ;' 1 ' :
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set my hand and offlxed the 100101 &Old OAVAA"A•d .'Ja r. . . . A r - u
Court on the date Indicat0d ht*a► YTNUO`J 1vf0'i DIl! tdAYf ,0, , '
ABEtt@'8 atsytc3 rla.,=F:saaJtid
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ORDINANCE NO. 3815 South 21 degrees 15 mi-
AN ORDINANCE REZON- nutes West 34.34 feet from.
ING THAT PROPERTY DE- a certain 'existing highway ,
SCRIBED IN REZONING right-of-way marker; thence
PETITION R94-29 FOR A East 446.36 feet to a point,
PARCEL CONTAINING AP- thence South 0 degrees 23
PROXIMATELY 6.70 ACRES . minutes West 525.36 feet
LOCATED ON THE EAST to the point of beginning.
' SIDEOF CROSSOVER ALSO, a part of the SW 1/4 STATE OF ARKANSAS
ROAD, NORTH OF JOYCE of the SW 1/4 of Section Ss.
'STREET, REOUESTED BY 19, Township 17 North,
JIM LINDSEY. Range 29 West, described County of Washington
BE rr ORDAINED BY THE as beginning at a point
CITY COUNCIL OF THE which is South 0 degrees �t
CITY OF FAYETTEVILLE, : 23' West 731 .54 feet and Cn r, '� ,(�,(^{,f'
ARKANSAS: West 265.0 feet from the 1' C2 " " ""' hereby cer-
Stttion 1. That the zone Northeast corner of said 40 tify that 1 am the publisher of HE NORTHWEST ARKANSAS TIMES, a daily
classification of the follow- acre veer and running
ing described property is thence West 422.05 teat: newspaper having a second class mailing privilege, and being not less than four pages of
hereby changed as follow: thence South 25 degrees five columns each, published at a fixed place of business and at a fixed (daily) intervals
R94-29 for the real property
14 ' est 28 . 73 degrees y y y County asg
3 feet :
described in Exhibit '•A" thencee South continuous) In the Cit of Fayetteville, of Washington, Arkansas for more than
cached hereto and made a 15 ' West 34 . 34 feet : a period of twelve months, circulated and distributed from an established place of business
part hereof. thence East degrees
feet; to subscribers and readers generally of all classes in the City and County for a definite price
From hereof.
Agricultural Dis- thence N 0 tlegrees et;
tract to R-2, Medium Den- East 58.0 feet to the Point for each copy, or a fixed price per annum, which price was fixed at what is considered the
sity Residential District. of Beginning, containing value of the publication, based upon the news value and service value it contains, that at
Section 2. That the offi- 0.630 acres, more or less.
dal zoning map of the City WHEREAS, the aforesaid least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
of Fayetteville, Arkansas, is _owner of the real property newspaper or its agents or through recognized news dealers over a period of at least six
hereby amended to reflect described above has sec-
the zoning change provided ured the approval of the months; and that the said newspaper publishes an average of more than forty percent news
in Section 1 above. Fayetteville City Council to mauler.
PASSED AND APPROVED amend the Fayetteville zon-
this 2nd day of August, ing map to rezone the
above described property
APPROVEDfrom A-1 to vibe and I further certify at the legal notice hereto attached in the matter of
APPROVED
By: Fred Hanna, Mayor WHEREAS, the owner has ///'''��,
ATTEST: offered and agreed that any i2G VY� A111C4 42 ,, 1
By: Traci Paul development of such real /r 1 I
City Clerk property should be subject
'
W
Exhibit 'Awwas published in e regular daily issue of said newspaper for
LEGAL DESCRIPTION
to certain covenants and re-TION sliiction pertaining to same:.
FOR R94-29 and i consecutive insertions as follows:
A pert of the SW 1/4 of the WHEREAS, the owner m
SW 1 /4 of Section 19, desirous of making a decla-i q� � � ,j l
Township 17 North, Range ration of the same in the The first insertion on the _ Z=L&A ' 1 day of 19�_
29 West . Washington form of this Bill of Assur-
County, being more particu- ante with the intention of,
lady described as tallows: guaranteeing the preserva-1 the second insertion on the day of 19
Beginning at a point which tion of certain values and
is S 00623'W 731 .54 feet amenities in the community'
and West 265.00 feet from and to bind itself, its heirs, the third insertion on the
day of 19
the Northeast Corner of successors and assigns and
thafore-described
said 40 acre tract, thence S the • afore-tlescribed reel
00423 ' W 589 . 47 feet , property and its subsequent and the fourth insertion on the da of 19
thence N 89615'44 - W owners with the obligations y
506.88 feet to the east and restrictions hereinafter
way26way of State High- sat. forth for all present and
way 265, thence along said future development and use
right-of-way on a non- of said property.
tangentnt curve to the right. NOW. THEREFORE, the R E C E I V E U
having a chord bearing antl owner described
that they
distance of N 0thence• E above describetl real prop-, Publisher / GeneralMana Manager
562 . 19 feet; thence N arty shall s held, save-. g
25' 14' 16" E 28.67 feet; loped, transferred, sold. C e(�A
thence leaving said rightof- conveyed and occupied sub-. AUG 't 1 5 1994
way East 422.16 feet to the tact to the covenants endl
point of beginning. Contain. restrictions herein set forth: i
ling 6. 70 acres, more or 1 . Not more than eight-' FINANCE DEM
1p'}
.
less, subject to easements four 1841 residential apart- '
and right-of-way of record. ment units, plus one 111 ad-
BILL OF ditional unit for an onsite
ASSURANCE manager , may be con-
This declaration of a Bill of strutted on the above de-
Assurance made this 25th scribed tract.
day of July, 1994, by Lind- 2. These assurances shall l
sey Family Trust. James E. run with the land and shall
Lindsey. Trustee, U/T/A be binding upon the owner,
dated July 28, 191 , owner its successors and assigns.
of the following described WITNESS my hand on this Sworn to and subscribed before me on this 1 I day of
real property located in the 25th day of July. 1994.
City Fayetteville , LINDSEY FAMILY TRUST ( t 19010
B
Washington County . y: JULY 28. 1971 n
Arkansas: Tru James E . Lindsey,
A part of the SW 1/4 of the Trustee
SW 1 /4 of Section ACKNOWLEDGEMENT
Township North, Rangege STATE OF ARKANSAS
de
29 Wast, described as ba- COUNTY OF WASHING- I
ginning at a point which is TON )SS
265 feet West of the On this 25th day of July, , Notary Public
Southeast corner of said 40 1994, before undersigned, a
acre tract, and running Notary Public. duly commis-
thence West 507. 12 feet to sioned, qualified and acting. My Commission Expires:
the East right-of-way line within and for the said
State Highway 0265 , County and State, appeared Vn
' _OI _ QI
thence Northwardly along in person the within named 1
said right-of-way line the James E. Lindsey, to me
following bearings and dis- personally known, who
tances. North 07 degrees stated that he was the
31 minutes West a distance Trustee of the Lindsey vl
of 77.66 feet, North 03 de- Family Trust, and was duly Fees for Printing -$ "/n�
grees 18 minutes West a authorized in this respective.
distance of 67 .45 feet, capacity to execute the Cost of Proof $
North 01 degrees. 21 mi- foregoing instrument for
nutes East, a distance of and in the name and behalf' Total
88.03 feet. North 06 de-. of said Trust. and further
grees 55 minutes East a stated and acknowledged.
distance of 88.64 feet, that he had so signed. exe
North 13 degrees 03 mi- cuted and delivered said in-
nutes East a distance of strument for the considers-;
92.60 feet, North 21 de-' tion, uses and purposes
grees 15 minutes East a therein mentioned and at
distance of 123. 20 feet, forth.
' feet .to a point which is IN TESTIMONY WHEREOF,
I have hereunto set my
hand and official seal this
25th day of July, 1994.
Joy L. Hoops
Nota Public
