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HomeMy WebLinkAboutOrdinance 3899 FILED FOR RECORD '95 JUL 20 Pn 3 58 IYASHINGTON CO AR FILED K HARNESS 195 NOV 7 A (1 10 20 MARILYI; F ^ " ' DS CO. & PR03i,'i c (' LERK ORDINANCE NO- 3899 WASHfitGTCP; AN ORDINANCE CONFIRMING THE ANNEXATION TO THE CITY OF FAYETTEVILLE, ARKANSAS, OF CERTAIN PROPERTY OWNED BY WAYNE COUNTS AND DARLENE COUNTS, HUSBAND AND WIFE, LARRY OMOHUNDRO AND DIANE OMOHUNDRO, HUSBAND AND WIFE, AND FADIL BAYYARI AND GERALDINE BAYYARI, HUSBAND AND WIFE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That the City Council hereby confirms the annexation to the City of Fayetteville, Arkansas, of that property described in Exhibit A attached hereto and made a part hereof. Section 2 . The official map of the City of Fayetteville, Arkansas, is hereby amended to reflect the change provided in Section 1 above. Section 3 . That the above-described property is hereby assigned to Ward No. _L. PASSED AND APPROVED this 5th day of July 1995 . APPROVED : By:_ red Hanna, Mayor ATTEST: By: (& ,� Traci Paul, City Clerk 95036370 ''iQ/rnurrrl r ' ,J EXHIBIT "A " Part of the Southwest Quarter of the Southeast Quarter, and part of the Fractional East Half of the Southwest Quarter, and a part of the Fractional Southwest Quarter of the Southwest Quarter, all in Section 18, Township 16 North, Range 29 West; and Part of the Northwest Quarter of the Northeast Quarter, and a part of the Fractional East Half of the Northwest Quarter, and a part of the Fractional Northwest Quarter of the Northwest Quarter, all in Section 19, Township 16 North, Range 29 West, Washington County, Arkansas, and being more particularly described as follows, to-wit: From the Northeast Corner of said Northwest Quarter of the Northeast Quarter of Section 19, being the Point of Beginning, run South along the 40 Acre Line - 386.76 feet; thence West 122 .76 feet; thence Northwesterly to a point on the West line of said 40 acre tract which is 99 .0 feet south of the Northwest corner of said 40 acre tract; thence running South along the East line of said Fractional East Half of the Northwest Quarter of Section 19 for 1 ,620 feet, more or less, to a point on the Corporate Limit Boundary of the City of Fayetteville as it exist this 17th day of November, 1994; thence Northwesterly following said Corporate Limit Boundary to a point on the West line of said Fractional East Half of the Northwest Quarter of Section 19; thence North along the East line of said Fractional Northwest Quarter of the Northwest Quarter of Section 19 for 675 feet, more or less, to a point 113 .52 feet South of the Northeast Corner of said Fractional Northwest Quarter of the Northwest Quarter of Section 129; thence West 360 feet, more or less, to the West Fork of White River; thence Northward and Eastward along said West Fork of the White River to a point on the East Line of said Southwest Quarter of the Southeast Quarter of Section 18 ; thence south along the 40 acre line to the Point of Beginning and containing 99. 8 acres, more or less. 950363'71 BILL OF ASSURANCE This declaration of a Bill of Assurance is executed by the undersigned Owners of the following real property located in Fayetteville , Washington County , Arkansas , described as follows , to-wit : A part of the Southwest Quarter ( SW; ) of the Southwest Quarter ( SWC; ) , the Northeast Quarter ( NE ; of the Southwest Quarter ( SW; ) , the Southeast Quarter ( SEN ) of the Southwest Quarter ( SW; ) , and the Southwest Quarter ( SW; ) of the Southeast Quarter ( SEz ) of Section Eighteen ( 18 ) , and a part of the Northwest Quarter ( NA ) of the Northwest Quarter ( NWS; ) , the Northeast Quarter ( NE ; ) of the Northwest Quarter ( NWh ) , the Southeast Quarter ( SE ', ) of the Northwest Quarter ( NWk ) , the Northwest Quarter ( NWh ) of the Northeast Quarter ( NEh ) , and the Northeast Quarter ( NEk ) of the Northeast Quarter ( NE $ ) of Section Nineteen ( 19 ) , all in Township Sixteen ( 16 ) North , Range Twenty-nine ( 29 ) West of the 5th Principal Meridian in Washington County , Arkansas , being more particularly described as follows : From the Southeast corner of the SE ', of the SW; of said Section 19 , run N 0 ° 01134 " W - 3556 . 47 feet to a set iron pin , the POINT OF BEGINNING ; thence N 56 ° 30124 " W - 498 . 70 feet to a set iron pin ; thence S 0001134 " E - 300 . 00 feet to a set iron pin on the right-of-way of Arkansas State Highway 16 ; thence along said right-of-way N 56030124 " W - 1088 . 39 feet to a set iron pin ; thence leaving said right- of-way N 002126 " W - 1040 . 03 feet to a set iron pin ; thence N 89053142 " W - 754 . 08 feet to a set iron pin on the east bank of the West Fork of the White River ; thence along said east bank the following bearings and distances : N 45043 ' 37 " E - 287 . 94 feet ; N 55049 ' 20 " E - 95 . 44 feet ; N 36 ° 30 ' 18 " E - 114 . 93 feet ; N 48 " 58 ' 50 " E - 229 . 31 feet ; N 44001 ' 14 " E - 415 . 09 feet ; N 34 ° 15 ' 11 " E - 222 . 77 feet ; N 14 ° 41145 " E - 256 . 60 feet ; N 24 ° 16108 " E - 166 . 59 feet ; 95036372 N 29 ° 32122 " E - 188 . 46 feet ; N 57 ° 26105 " E - 262 . 26 feet ; S 75004 ' 58 " E - 243 . 01 feet ; S 49 ° 51128 " E - 85 . 47 feet ; S 19 ° 19 ' 17 " E - 869 . 08 feet ; N 84050118 " E - 300 . 00 feet ; N 82059145 " E - 236 . 57 feet ; S 77 ° 04149 " E - 199 . 74 feet ; S 56 " 49149 " E - 216 . 72 feet ; S 67 ' 40015 " E - 555 . 33 feet to a set iron pin ; thence leaving said bank S 0001138 " E - 708 . 61 feet to a set iron pin ; thence N 89 ° 53142 " W - 122/ 76 feet to a set iron pin ; thence N 76024119 " W - 1233 . 58 feet to a set iron pin ; thence S 0 ° 01134 " E 1627 . 94 feet to the POINT OF BEGINNING , containing 112 . 59 acres , more or less , subject to easements and right-of-way of . record . WHEREAS , the Owners of the real property described herein are seeking the approval of the Fayetteville City Council to amend Fayetteville zoning map to rezone from A- 1 to R-O ( Residential -Office District ) the following described property : A part of the Northeast Quarter ( NEN, ) of the Northwest Quarter ( NW; ) and the Southeast Quarter ( SEN, ) of the Northwest Quarter ( NW; ) of Section Nineteen ( 19 ) , all in Township Sixteen ( 16 ) North , Range Twenty-nine ( 29 ) West of the 5th Principal Meridian in Washington County , Arkansas , being more particularly described as follows : Commencing at the Southeast corner of the SEJ;, of the SW, of said Section 19 , thence N 01- 34 W 3616 . 29 feet to the POINT OF BEGINNING , said point being 300 . 00 feet perpendicular distance from the north right-of-way of Arkansas State Highway 16 ; said point also being on the existing Fayetteville City Limits ; Thence S 00 - 01 - 34 E 59 . 82 feet Thence N 56 -30 - 24 W 498 . 70 feet ; Thence S 00 - 01 - 34 E 300 . 00 feet to the right- of-way of Arkansas State Highway 16 ; Thence along said right-of-way N 56-30-24 W 1088 . 39 feet to the west line of said NEN, of the NW; of Section 19 ; Thence N 00- 02 - 26 W 359 . 90 feet to the Fayetteville City Limit ; Page 2 95036373 Thence along said Fayetteville City Limit S 56- 30 -24 E 1587 . 20 feet to the POINT OF BEGINNING , containing 8 . 07 acres , more or less . and , WHEREAS , the Owners of the real property described herein are seeking the approval of the Fayetteville City Council to amend Fayetteville zoning map to rezone from A-1 to R-S following described property ; A part of the Southeast Quarter ( SE ', ) of the Southwest Quarter ( SW; ) of Section Eighteen ( 18 ) , and a part of the Northeast Quarter ( NE ; ) of the Northwest Quarter ( NW; ) and the Southeast Quarter ( SEh ) of the Northwest Quarter ( NW; ) of Section Nineteen ( 19 ) , all in Township Sixteen ( 16 ) North , Range Twenty-nine ( 29 ) West of the 5th Principal Meridian in Washington County , Arkansas , being more particularly described as follows : Commencing at the Southeast corner of the SE3 of the SW; of said Section 19 , thence N 00- 01 - 34 W 3616 . 29 feet to the POINT OF BEGINNING ; said point being 300 . 00 feet perpendicular distance from the north right-of-way of Arkansas State Highway 16 ; said point also being on the existing Fayetteville City Limits ; Thence N 56- 30- 24 W 1587 . 20 feet along said Fayetteville City Limit to the west line of said NE '-, of the NW ', of Section 19 ; Thence N 00- 02 - 26 W 830 . 13 feet ; Thence S 89 - 53 - 42 E 1323 . 46 feet ; Thence S 00 -01 -34 E 1703 . 58 feet to the POINT OF BEGINNING , containing 38 . 49 acres , more or less . WHEREAS , the remaining portion of the full tract of land from which the above two ( 2 ) tracts of property are taken is to remain A- 1 ; and , WHEREAS , Owners are desirous of executing this Bill of Assurance with the intention of guaranteeing the preservation of certain values and amenities in the community and to bind Page 3 95036374 themselves , their successors , heirs , and assigns , and to restrict the use of the herein described real property , NOW THEREFORE , Owners declare the real property described herein to be rezoned R-S shall be held , developed , transferred , sold , conveyed , and occupied subject to the covenant and restriction that there will be no more than one hundred fifty- four ( 154 ) dwelling units on said 38 . 49 acres ( four single- family homes per acres , as in R- 1 zoning ) . Owners declare the real property described herein to be rezoned R- 1 shall be subdivided into lots with a minimum size of each lot of six thousand ( 6 , 000 ) square feet , and the maximuum size of each lot to be ten thousand ( 10 , 000 ) square feet . Owners declare that the real property described herein shall have protective covenants requiring that each house shall contain no less than one thousand four hundred fifty ( 1 , 450 ) square feet . Owners declare the real property described herein to be rezoned R-O shall be held , developed , transferred , sold , conveyed , and occupied subject to the covenant and restriction that no residential structures shall be situated on said 8 . 07 acres . Owners declare that the remaining approximately 66 acres ( flood plain area ) shall be a permanent conservation easement , and will be restricted to agricultural use only , except the City park area . Page 4 95036375 Owners declare that a minimum of six ( 6 ) acres of the flood plain will be dedicated for a City park . Owners declare and agree to make an offsite contribution for use and improvement of the Route 16-Hwy . 265 intersection , to help mitigate the traffic impact of the development , to be paid to the City at its call , in the amount of Twenty- five Thousand and 00/ 100 Dollars ( $ 25 , 000 . 00 ) . owners declare that the parking areas for the tract to be zoned R-O shall be screened from view of Hwy . 16 . Owners declare that the entire tract will have not more than four ( 4 ) access points from Hwy . 16 and that there will be significant landscaping along the Hwy . 16 frontage . Owners declare that not less than four ( 4 ) large canopy trees , as specified in the Fayetteville landscape ordinance , with at least one ( 1 ) each DBH will be required on each lot , to be provided by the owner of said lot at the time of construction of a structure on each lot . WITNESS our signatures : OWNERS CITY OF FAYETTEVILLE �� ' By Ate✓ FADIL BAYYARI GERALDINE BAYYAp , by Fadil Bayyari , pursuant to authority contained in Power of Attorney Page 5 95036376 ACKNOWLEDGMENT STATE OF ARKANSAS ) ss . COUNTY OF WASHINGTON yy ) On this the &72� day of June , 1995 , before me the undersigned office , personally appeared Fadil Bayyari and Geraldine Bayyari , by Fadil Bayyari , pursuant to authority contained in Power of Attorney , whose names are subscribed to the within Bill of Assurance and acknowledged that they executed the same for the purposes therein contained . IN WITNESS WHEREOF I hereunto set my hand and official seal . Notary Public My Commission Expires : ORNE • 3- - 3 ewe %� 3 ' cp ' ' r ACKNOWLEDGMENT • STATE OF ARKANSAS ) y • ss . ,p COUNTY OF WASHINGTON CO . AQ'� On this the ZOO day of Jtmqe , 1995 , before me the undersigned office , personally appeared VT� 4X1NKA for the City of Fayetteville , known to me to be the person whose name is subscribed to the within Bill of Assurance and acknowledged that he executed the same for the purposes therein contained . IN WITNESS WHEREOF I hereunto set my hand and official seal . ��,.� ��� q j •. �:> No ary Public © yRCYb� sion Expires : ki %.. p. l C L1 0695\05 .03 Page 6 95036377 iQQ,o� 3"Y7P 0 Y I Kalfdeen Harnses, Ckmft Clark and Ex-orytc{o Recorder for V "Pin9ton County. grkaneae, do h?'obY "a IV t this Instrument wee tSe:` 1q,Rpyt;.;n'• ,rv�., ofPlce amsirlrflcstsd hsr3on and the Is ROW duly f09Cr'le+f"NJI ux :"�.k^ ):H led9srnent and cF.IGiLat^ h"re' n �'1 . x Record Book ar� *PZO Ls IN WITNESS �:'!d`_,"-CF: I �12'rs�' unto eat my hand an:1 atlr '- tt• =x' w- Sakl court on the data Infdr>?.tu: hereon ^= r p Kathleen Harness .. Circuli Clerk an Ex-amclo Reac by ADDENDUM TO BILL OF ASSURANCE This addendum is executed to run with Bill of Assurance from Fadil Bayyari to the City of Fayetteville dated the 6th of June , 1995 and filed in the Book of Records 15' page S473 '12- at Washington County , amending Page number 4 Paragraph number 4 to read as follows : one thousand two hundred ( 1200 ) square feet ca ncn ^ �c N c _= r- m S 2 N D G7 1 T Z O � m z =D � v' n 3 m cn p F- C7 o v � cn v i .• �. . . .: jAk S•f ..rte� � �® � �p �7�� / � 95036691 a . ,, .. , .� - : I o.t ' . ., r _ ;: � ': f. . i . C1C • . : !' ' { v ' t ' rr '�S1 r •: '�i . . �. .- V{ L t v and I, Kathleen Ham"", pt W th{�gton EX-otficio Recorder County, Arkanesa. do hereby mt It was for �m this InaUunoy W and the Same otttca as m recontIld ,Am the acknow- re"n ill odp�am� S�� ,step rnincizab;c Feoord Sook j W !e' ITMESSMMEREOF' thh" nr' unto dale and attlxed the seal of said Court on the dnta mdyogpd hereon ado rJ/ Oro1 3 P 49 State of Arkansas Y SECRETARY OF STATE �RKANha Sharon Priest SECRETARY OF SPATE November 14, 1995 The Honorable Marilyn Edwards Washington County and Probate Clerk 2 North College Avenue Fayetteville, AR 72701 Dear Ms. Edwards: This office has received the Decree of Annexation, Ordinance No. 3899, County Order No. CC-94-25, and the plat from the City of Fayetteville, Washington County, Arkansas. This annexation has been recorded and filed as of November 14, 1995. If we may be of further service, please contact our office at 682-5070 or 800-482-1127. Sincerely, Judy Steefhlan Elections Assistant cc: The Honorable Traci Paul Fayetteville City Clerk/Treasurer City Hall - 113 West Mountain Fayetteville, AR 72701 Mr. Don Zimmerman, Director Arkansas Municipal League P. 0. Box 38 North Little Rock, AR 72115-0038 State Capitol • Little Rock, Arkansas 72201 -1094 • (501 ) 682-1010