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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 _ \- -