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Home My WebLink AboutOrdinance 3915 r � � f0 FOR X95 HUG RECORD WASHjNc2 H� 6 y8 TO K. HARNES00 AR ORDINANCE NO. 3915 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION R95- 17 FOR A PARCEL CONTAINING APPROXIMATELY 7.3 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- 17 for the real property described in Exhibit "A" attached hereto and made a part hereof. From R-O, Residential Office 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 : ( t � l Traci Paul, City Clerk t� R yr tTy*41 SEA �f . o� ri'• •ci _ F • . 11 oil, w.: � 95042871 EXHIBIT 'A" LEGAL DESCRIPTION FOR R95- 17 THE EAST 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 and One-half (21 'h) acres, more or less. Except the East 230 feet thereof containing 7.3 acres, more or less. 9504287;2 I, Kathleen Hamaee, Circuit Ciark and Ex-oNtdo Rocorder tar Washington County, Arkanaw, do horoby car ity that this frtatrrm ent was tiled for record In my ofnoe m Ir4adn:ed herson and the same Is new arty recordod with the acknow- ladg_msm and oartifk:ate thereon In Record Book and Page as tn@oated thereon. IN WITNESS WHEREOF, I have here- unto set rml hand and efi!xad the seal of said Court on the date Indbaled heraw Kathleen Harness Cfrcult 1plerk and Ecolfic Recorder FILED FOR RECORD ` ' 95 AUG 29 Ail 8 46 B 00 AR MICROFILMED ILL OFAANS K . This Bill of Assurances is made and entered into this A—'' day of C& tt. 4 1995, by and between Vantage Square Joint Venture, a joint venture consistiiii 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 2 (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. LINDSEYFAMILY LIMITED PARTNE�BHIP BY: JDGAR LIN SEY, INC., General Partner B -./ J s indsey P sident L A.W. REALTY COMPANY BY:_ L �� iD tanley D. G n, resident CITY OF FA ETTEVILLE, ARKANSAS ATTEST: BY: Fred Hanna, Mayor 2 9504436; 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 ? 11995 . 1 My Commission Expires: �` "` I �,u ..y OFFICIAL SEAL No ublic KAREN MCCOY NOTARY PUBLIC- KANSAS MY COMM. EXPIRE S 6 / 1 / 2002 • ACKNOWLEDGEMENT STATE OF ARKANSAS ) ) SS. COUNTY OF WASHINGTON ) On this JZL�"iday of `}- 1995, before undersigned, a Notary Public, duly commissioned, qualified and actirig, 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 Q.3"Jday of . mit 1995 . My Comm1 ikyires: f Notary Public F {' PEF a` '04,4410 00V roo:;t't � � 3 95044363 ACKNOWLEDGEMENT STATE OF ARKANSAS ) ) ss. COUNTY OF WASHINGTON ) On this ,21 day of 1995, before undersigned, a Notary Public, duly commissioned, qualified andact niact g, within and for the said County and State, appeared in person the within named Fred Hanna and Tr. . _ : Pa / 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 g3 day of C1 u G 4"r f .11995 . My Commission Expires: Notary Public h7a�cc�i /, 070oS� ��ptauo�pq� 3°�``1 �1E •I- • NEl''' a NO � �10TARON " st: ?i= . may •. •.,• s r epee ��''•'. Nr0lol00fl��a�a 4 95044'64 STATE OF ARKANSAS _ ss. ORDINANCE NO. 3875 County of Washington AN ORDINANCE REZONING THAT PROPERTY DESCRIBED I, hereby cer- IN REZONING PETITION R95- of that I am the u 17 FOR A PARCEL CONTAIN- Y publisher of THE NORTHWEST ARKANSAS TIMES, a daily ING APPROXIMATELY 7.3 newspaper having a second class mailing privilege, and being not less than four pages of ACRES LOCATED NORTH OF five columns each, published at a fixed place of business and at a fixed (daily) intervals JOYCE BOULEVARD, EAST OF HIGHWAY 71B, WEST OF continuously in the City of Fayetteville, County of Washington, Arkansas for more than OLD MISSOURI ROAD RE- a period of twelve months, circulated and distributed from an established place of business QUESTED BY JIM LINE AND SOUTHWESTERN ENER- to subscribers and readers generally of all classes in the City and County for a definite price GY CORPORATION. - for each copy, or a fixed price per annum, which price was fixed at what is considered the BE IT ORDAINED BY THE value of the publication, based upon the news value and service value it contains, that at CITY COUNCIL OF THE least fifty percent of the subscribers thereto have paid cash for their subscriptions to the CITY OF FAYETTEVILLE, newspaper or its agents or through recognized news dealers over a period of at least six ARKANSAS: months; and that the said newspaper publishes an average of more than forty percent news Section t . That the zone matter. classification of the. following described property is hereby changed as follows: I further certify that the legal notice hereto attached in the matter of X95-17 for the P real property described in real 'A' at- tached hereto and made a part ' hereof. was published in the regular daily issue of said newspaper for From R-O' Residential Office consecutive insertions as follows: District to C-2, Thoroughfare Commercial District. The Section 2. That the official first insertion on the Y' day of 19 J zoning map of the City of Fayetteville. Arkansas, is the second insertion on the day of 19 hereby amended to reflect the zoning change provided in Section 1 abovethe third insertion on the day of 19 PASSED AND AP- PROVED this 15th day of and the fourth insertion on the day of 19 August, 1995. APPROVED: RECEIVE U By: Fred Hanna Fred Hanna, Mayor ?=_ SEP 1995 ATTEST: Publisher / General Manager By Traci Paul Traci Paul, City Clerk C �� I� EXHIBIT *A* FUNDEPS LEGAL DESCRIPTION FOR 895-17 THE FAST HALF OF THE FOL- LOWING DESCRIBED LANDS IN WASHINGTON COUNTY, ARKANSAS TO WIT: The North half of the North- west quarter (NWt/4) of the 5411, Northwest quarter (NW i/4) Sworn to and subscribed before me on this day of and one and one halt (1 112) acres of equal width off the West end of the North half of 119 the Northeast quarter. (NE 1/4) of the Northwest quarter (NW 114) of Section Twenty-five (25). Township Seventeen (17) North. Range Thirty (30) West, containing in all Twenty-one Notary Public and One-half (21 112) acres, more or less. Except the East 230 feet thereof containing My Commission Expires: 7.3 acres, more or less. ./ 7_aj 65 Fees for Printing —$ Cost of Proof $ Q Total $ O�