HomeMy WebLinkAboutOrdinance 3914 FILED FOR RECORD
95 RUG 22 an 8 48
WASHINGTON CO AR
K HARNESc
ORDINANCE NO. 3 914
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION R95- 15 FOR A PARCEL
CONTAINING APPROXIMATELY 10.75 ACRES LOCATED
NORTH OF JOYCE BOULEVARD, EAST OF HIGHWAY 71B,
WEST OF OLD MISSOURI ROAD REQUESTED BY JIM
LINDSEY AND SOUTHWESTERN ENERGY CORPORATION.
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:
R95- 15 for the real property described in Exhibit "A" attached hereto and made
a part hereof.
From C- 1 , Neighborhood Commercial District to C-2, Thoroughfare Commercial
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 15th day of August 1995.
APPROVED:
By:
red Hanna, Mayor
ATTEST:
By :
Traci Paul, City Clerk
SEAT 95042869
EXHIBIT 'A '
LEGAL DESCRIPTION FOR R95- 15
THE WEST HALF OF THE FOLLOWING DESCRIBED LANDS IN WASHINGTON
COUNTY, ARKANSAS TO WIT:
The North half of the Northwest Quarter (NW 'A) of the Northwest Quarter (NW 'A) and
one and one half (1 'h) acres of equal width off the West end of the North half of the
Northeast Quarter (NE 'A) of the Northwest Quarter (NW 'A ) of Section twenty-five (25),
Township Seventeen (17) North, Range Thirty (30) West, containing in all twenty-one
an one half (211h) acres, more or less, Containing 10.75 acres more or less.
95042870
I, KathS m Harresa, Circuit Clerk and
Ex-offtrio R¢rordsr for Washington
County, mums", do horoty carMy that
9115 h-atrurrecrd ria ;toad for record In my
of ,ce zs InWiceDd hereon and the eame
Is now duty reoordDd with the acknow-
Iork35meaM and cartiikxite thereon In
Record Book arnd Page as Ind!cated
thereon.
IN WITNESS WHEREOF, I have here-
unto set my hand and &R:xed the Seal of
said Court on the data Inclated heraan
Kathleen Harness
`;ircuhlerk end
r- -of9 Reconder
FILED FOR RECORD
' 95 AUG 29 fln 8 46
BILL OF ASSURANCES 411ASHINGTON CO AR
MICROFILMED K . WiRNESS
This Bill of Assurances is made and entered into this A3 day of , 1995,
by and between Vantage Square Joint Venture, a joint venture consisti of J.E. Lindsey
Family Limited Partnership, J. Edgar Lindsey, Inc., General Partner, and A.W. Realty
Company, hereinafter referred to as "Owner," and the City of Fayetteville, Arkansas, hereinafter
referred to as "City of Fayetteville. "
WHEREAS, Owner is the owner of the following described property situated in Fayetteville,
Washington County, Arkansas, to-wit:
Parcel 1 (Rezoning from C- 1 to C-2)
The West half of the following described lands in Washington
County, Arkansas, to-wit: The North half of the Northwest Quarter
(NW 1 /4) of the Northwest Quarter (NW 1/4) and one and one half
(1 1/2) acres of equal width off the West end of the North half of the
Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1 /4) of
Section twenty-five (25) Township Seventeen (17) North, Range
Thirty (30) West, containing in all twenty-one and one half (21 1/2)
acres, more or less. Containing 10.66 acres more or less.
Parcel l (Rezoning from R-O to C-2)
The East Half of the following described lands in Washington
County, Arkansas, to-wit: The North half of the Northwest Quarter
(NW 1/4) of the Northwest Quarter (NW 1 /4) and one and one half
(1 1/2) acres of equal width off the West end of the North half of the
Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1 /4) of
Section twenty-five (25) Township Seventeen (17) North, Range
Thirty (30) West, containing in all twenty-one and one half (21 1/2)
acres, more or less. Except the East 230 feet thereof. Containing
7.25 acres, more or less.
hereinafter referred to as the "Property," and,
WHEREAS, in consideration of the approval by the City of Fayetteville to rezone the
Property in accordance with the Plan submitted by the Owner, the Owner has agreed to the following
conditions:
1 . In the event the Property is not developed as a single development of no more than
350,000 square feet of retail space within one hundred and twenty (120) months from the date of this
Bill of Assurances, the property 's C-2 zoning classification approval shall be withdrawn and the
1
prior zoning classification shall be reinstated. The development may be completed in phases and
up to three out lots may be developed before the total project is developed.
2. This Bill of Assurances shall run with the land and shall be binding upon the Owner,
its successors and assigns and shall be fully enforceable by the City of Fayetteville.
WITNESS our hands and seals on the date first above written.
VANTAGE SQUARE JOINT VENTURE
J.E. LINDSEY�FAMILY LIMITED
PARTNE SHIP
BY: J /DGAR LINSEY, INC., General Partner
B
J s Pf indsey P sident
A.W. REALTY COMPANY
BY: Lz
0sZe
tanley D. G n, resident
CITY OF FA TTEVILLE, ARKANSAS
ATTEST: �.
BY:
Fred Hanna, Mayor
r' • „ , ,
Ci%•• {.
V ff Ci •'f. 2
95046
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
) ss.
COUNTY OF WASHINGTON )
On this day of 1995, before undersigned, a Notary Public, duly
commissioned, qualified and acting, 'thin 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 President
of J. Edgar Lindsey, Inc., the General Partner of the J.E. Lindsey Family Limited Partnership,
a joint venturer in the Vantage Square Joint Venture, and was duly authorized in his respective
capacity to execute the foregoing instrument for and in the name and behalf of said Joint Venture,
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 day
of 1995 .
My Commission Expires:
Notdry Public
OFFICIAL SEAL
KAREN McCOY
�^ NOTARY PUBLIC•ARKANSAS
NtOUN'fY—
MY COMM. EXPIRE S 6 / 1 / 2002
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
ss.
COUNTY OF WASHINGTON )
On this day of g >1 1995, before undersigned, a Notary Public, duly
commissioned, qualified and actin , within and for the said County and State, appeared in person
the within named Stanley D. Green, to me personally known, who stated that he was the President
of A.W. Realty Company, a joint venturer in the Vantage Square Joint Venture, and was duly
authorized in his respective capacity to execute the foregoing instrument for and in the name and
behalf of said Joint Venture, 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.
TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day
1995 .
Corr m E'kpires: Gt Q.. Xl a
Notary Public V /
aY tib: ?fiLP
x, .
sTOH rou Ott ; * v 3
'n. .. . ....a" .;�
95044u6t3
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
) ss.
COUNTY OF WASHINGTON )
On this ,23__ day of 1995, before undersigned, a Notary Public, duly
commissioned, qualified and acting, within and for the said County and State, appeared in person
the within named Fred Hanna and Ti^.,,. . : were the Mayor and City
Clerk, and were duly authorized in their respective capacities to execute the foregoing instrument
for and in the name and behalf of the City of Fayetteville, Arkansas, and further stated and
acknowledged that they 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 23 day
of LING C.,J /" 51995.
My Commission Expires:
Notary Public
Mase�i /r � 003�
00%111111114 Sk,
Jam`` pMM E • 'y '4i
pOTAR 'q ;
go
%': pl/ 6�IC ja?
= y .: Q .
i /.80 so*700;.'PQ�``��
''tsN COuNZV . ��a`'
''anunnuaa"`
4
19
� • w'1 g r.t::p j. �'t
w4AsTojj 1 01
°._ ous VA
'Q�9'9•t?oC: 1 'P 7, Ka+nla�,-� Wsr?3�s. C,k� G:ei�: Snd
Ez-ofecb ficY.-Ycbf for Washlnr}ton
t oufoy. ktl-oTe ., cio n-*ee" oarttty th31
this l.rry l<T^A1 44:�d tor r,, O In MY
ci!ce ;m :ra'x+°r.A 'rrsre;n and tha 2nme
In nor+ rk£;' r x;-.cJ vA!h the ackrww•
m.d m_rt stn tln+raon In
RecoN aol* acx` ptilae au Indk+ated
thereon.
IN WrRiEiS W>�;:;id)F, 1 have harem
unto ;' ,, nd ac:d o;i;:9d the seat of
.+ald Covin on G'9 ca,�'i 41Qamd 'nareon
Kathleen Hamo- s
Ci.cuV Ci^.rt! and
exotfldlo Reoordar
STATE OF ARKANSAS l
County of Washin n �/ lG���W/1/
ORDINANCE NO. 3819 I, hereby car-
AN ORDINANCE REZONING ' tify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily
THAT PROPERTY DESCRIBED newspaper having a second class mailing privilege, and being not less than four pages of
IN REZONING PETITION AIN-
R95- ,
15 FORA PARCEL CONTAINfive columns each, published at a fixed place of business and at a fixed (daily) intervals
ING APPROXIMATELY 10.75 continuously in the City of Fayetteville, County of Washington, Arkansas for more than
ACRES LOCATED NORTH OF a period of twelve months, circulated and distributed from an established place of business
JOYCE BOULEVARD, EAST
OF HIGHWAY 71B, WEST OF to subscribers and readers generally of all classes in the City and County for a definite price
OLD MISSOURI ROAD RE- for each copy, or a fixed price per annum, which price was fixed at what is considered the
QUESTED BY JIM LINDSEY
AND SOUTHWESTERN ENER-
value of the publication, based upon the news value and service value it contains, that at
GY CORPORATION., least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
BE IT ORDAINED BY THE newspaper or its agents or through recognized news dealers over a period of at least six
CITY COUNCIL OF THE months; and that the said newspaperpublishes an average of more than forty percent news
CITY OF FAYETTEVILLE, matter.
ARKANSAS:
Section 1 . That the zone I further certify that the legal notice hereto attached in the matter of
classification of the following lll�t
describedproperty is hereby
Changed as
changed as follows:R96-1
described
for the real property was published in the regular daily issue of said newspaper for '
described in feel property
rt- P g Y
tached hereto and made a part consecutive insertions as follows:
hereof.
From C-1 , Neighborhood The first insertion on the day of 19
Commercial District to C-2,
Thoroughfare Commercial
Distdct. We second insertion on the day of 19
Section 2. That the official
zoning map of the City of the third insertion on the day of 19
Fayetteville, Arkansas. is
hereby amended to reflect the
zoning change provided in and the fourth insertion on the day of 19
Section 1 above.
PASSED AND AP-
PROVED this 15th day of wy'
ij
August, 1995. /
APPROVED: SEP 1 1 -
By: Fred Hanna Publisher / GenAlil Manager
Fred Hanna, Mayor
ATTEST, FINANCE DEPT.
By: Traci Paul
Traci Paul, City Clerk
EXHIBIT 'A'
LEGAL DESCRIPTION FOR
895.15
THE WEST HALF OF THE
FOLLOWING DESCRIBED
LANDS IN WASHINGTON
COUNTY, ARKANSAS TO
WIT: Sworn to and subscribed before me on this 1 day of
The North half of the North- /ys
west Quarter (NW7/4) of the 1 j
Northwest Quarter (NW7/4)
and one and one half of the
acres of equal North
oft the
West end of the North half of
the Northeast Quarter (NE1/4)
of the Northwest Quarter Notary Public
of Section twenty-five
(25), Township Seventeen (17)
North, Range Thirty (30) West, My Commission Expires:
containing in all twenty-one
an one half (21 1/2) acres,
more or less, Containing
10.75 acres more or less.
Fees for Printing $ tra •�
Cost of Proof
Total $ z _ \- -