HomeMy WebLinkAboutOrdinance 3939 FILED FOR RECORD
' 95 NOU 1. 7 Pl9 2 36
'YASHINGTON CO AR
K . HARNESS
ORDINANCE NO. 3939
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ95-32 FOR A PARCEL
CONTAINING APPROXIMATELY 27.72 ACRES LOCATED
SOUTH OF ZION ROAD, EAST OF HIGHWAY 7113, WEST
OF HIGHWAY 265, SUBMITTED BY JACK TORRE ON
BEHALF OF ZION VALLEY, LLC SUBJECT TO THE BILL OF
ASSURANCE OFFERED TO LIMIT DENSITY .
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:
RZ95-32 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,
subject to the Bill of Assurance offered to limit density. Said Bill of Assurance
is attached hereto as Exhbit "B " and made a part hereof.
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 7th day of November 1995.
APPROVED:
By: fir/
red Hanna, Mayor
ATTEST:
By.
Traci Pa
Clerk
il ' �ix ' • '• '� _
R 95062338 "
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZ95-32
Part of the Southwest Quarter of the Southwest Quarter of Section 24, Township
17 North, Range 30 West, and being more particularly described as follows, to-
wit: Beginning at the Southeast Comer of said 40 acre tract, and running thence
N 86047923 " W 328.74 feet, thence N 02 "40'27 " E 1327. 10 feet, thence S 87 '
21131 " E 327.92 feet; thence S 02 "39'22" W 899.33 feet, thence S 02 '36' 17" W
430.63 feet to the point of beginning, containing 10.02 acres, more or less. Also
part of the Northwest Quarter of the Southwest Quarter of Section 24, Township
17 North, Range 30 West, and being more particularly described as follows, to-
wit: Commencing at the Southeast corner of said 40 acre tract, and running thence
N 87 "21931 " W 100.00 feet to the point of beginning; thence N 0203618" E
245 .00 feet; thence S 87021 '27 " E 100.00 feet; thence N 02012'21 " E 163 .76
feet, thence N 87004136" W 303. 82 feet; thence N 02038324" E 258 .66 feet to
the centerline of Zion Road, thence N 86055'23 " W with said centerline 25 .23
feet; thence S 02 "40'27 " W 669. 10 feet; thence S 87 "21 '31 " E 227.92 feet to the
point of beginning, containing 2 .67 acres, more or less. Also part of the
Southwest Quarter of the Southwest Quarter, and part of the Northwest Quarter
of the Southwest Quarter of Section 24, Township 17 N, Range 30 W, more
particularly described as follows: Commencing at the Southeast Corner of the
Southwest Quarter of the Southwest Quarter of Section 24, Township 17 North,
Range 30 W and running thence N 86047'23 " W 328.74 feet to the point of
beginning; thence N 86047'23 W 328.74 feet; thence N 02041 '26 E 1995.41 feet
to the centerline of Zion Road; thence along said centerline S 86055'23 " E 325 .24
feet; thence departing said centerline S 02 40'27" W 1996.20 feet to the point of
beginning, containing 15 .03 acres, more or less, and containing in the aggregate
27.72 acres, more or less.
95062339
BEFORE THE CITY COUNCIL OF FAYETTEVILLE , ARKANSAS
PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS '
IMPROVEMENT DISTRICT NO . 2 - ZION VALLEY ESTATES PROJECT
ABSTRACTOR ' S CERTIFICATE OF PROPERTY OWNERSHIP
Northwest Title Services , Inc . hereby certifies that the deed
records in the office of the Circuit Clerk and Ex-Officio Recorder
of Washington County , Arkansas , reflect that Zion Valley , L . L . C .
( an Arkansas Limited Liability Company ) is the record title owner
of all the real property described in Exhibit "A" to the Petition
to Form Fayetteville Municipal Property Owners ' Improvement
District No . 2 - Zion Valley Estates Project , a copy of which
Exhibit "A" is attached hereto and made a part hereof .
DATED this day of , 1995 ,
NORTHWEST TITLE SERVICES , INC .
BY :
96001868
EXHIBIT "A"
The following described real property located in Washington
County , Arkansas :
Tract A : Part of the Southwest Quarter of the
Southwest Quarter of Section 24 , T- 17N , R- 30W , and being
more particularly described as follows , to wit :
Beginning at the South East corner of said 40 acre tract ,
and running thence N 86 - 47 - 23 W 328 . 74 feet , thence N 02 -
40 - 27 E 1327 . 10 feet , thence S 87 - 21 - 31 E 327 . 92 feet ;
thence S 02 - 39 - 22 W 899 . 33 feet , thence S 02 - 36- 17 W
430 . 63 feet to the point of beginning containing 10 . 02
acres , more or less . Also part of the Northwest Quarter
of the Southwest Quarter of Section 24 , T- 17N , R- 30W , and
being more particularly described as follows , to wit :
Commencing at the South East corner of said 40 acre
tract , and running thence N 87 - 21 - 31 W 100 . 00 feet to the
point of beginning ; thence N 02 - 36 - 18 E 245 . 00 feet ;
thence S 87 - 21 - 27 E 100 . 00 feet ; thence N 02- 12 - 21 E
163 . 76 feet , thence N 87 - 04 - 36 W 303 . 82 feet ; thence N
02 - 38 - 24 E 258 . 66 feet to the centerline of Zion Road ,
thence N 86- 55 - 23 W with said center line 25 . 23 feet ;
thence S 02- 40 - 27 W 669 . 10 feet ; thence S 87 - 21 - 31 E
227 . 92 feet to the point of beginning , containing 2 . 67
acres , more or less , and containing in the aggregate
12 . 69 acres , more or less .
Tract B : Part of the Southwest Quarter of the
Southwest Quarter , and part of the Northwest Quarter of
the Southwest Quarter of Section 24 , T- 17N , R- 30W ; more
particularly described as follows : Commencing at the
South East corner of the Southwest Quarter of the
Southwest Quarter of Section 24 , T- 17N , R- 30W , and
running thence N 86- 47 - 23 W 328 . 74 feet to the point of
beginning ; thence N 86 - 47 - 23 W 328 . 74 feet ; thence N 02 -
41 - 26 E 1995 . 41 feet to the center line of Zion Road ;
thence along said centerline S 86 - 55 - 23 E 325 . 24 feet ;
thence departing said centerline S 02 - 40 - 27 W 1996 . 20
feet to the point of beginning containing 15 . 03 acres ,
more or less . Subject to the easements of record .
96001869
- ' -nese, CirwttC:Crt< t:nd
for V4vzhington
s u, i a, rbc horn y oorhTy that
tI Sd for record In MY
tin End lite BamB
,nc 4 cL:.v ra=TuRd Yrf•jl the sckr W'
LJy c7ttlNaft thereon In
Luh aw lanae as hr0loated
ti r;racn.
I.J WI i TEES'. WHE,9£Cf, I have here*
u^to aci ray hard and aiiuccd the seal of
Bald Conist on the dzte trrQ099d hOmn
ethlaen Hamas
Circuit Clark avd
Ex o Rscorder
Of11O1NIINGE NO. 393H•.
AN ORDINANCE REZONING
JHAT PROPERTY DESCRIBED
IN REZONING PETITION
ICONTA FOR A PARCEL K �" +;'r IC I v G v
' IMATELY 27.72 ACRES LO-`• STATE OF ARKANSAS ^^ r�
CATED SOUTH OF ZION liV �� 2 I� �J
ROAD. EAST OF HIGHWAY ss.
718, WEST OF HIGHWAY 265, County of Washington
SUBMITTED BY JACK TORRE r- �I T`
,ON EHALF OFLLEYBLLC SUBJECTOTO THE I F�I�Al�CE �� hereby cer-
BILLASSURANCE OF-
T ti( that I am the ubli ler of/(Or NORTH EST ARKANSAS TIMES, a daily
OF-
FERED TO LIMIT DENSITY. Y P Y
newspaper having a second classituAiling privilege, and being not less than four pages of
BE U ORDAINED BY THE CITY five columns each, published at a fixed lace of business and at a fixed (daily) intervals
COUNCIL IN THE CITY OF P P Y)
FAYETTEVILLE, ARKANSAS: . continuously in the City of Fayetteville, County of Washington, Arkansas for more than
Section i . That the zone cias. aperiod of twelve months, circulated anddistributed from an established placeofbusiness
silication' of the following de- to subscribers and readers generally of allclasses inthe City and County for a definite price
scribed property is hereby , for each copy, or a fixed price per annum, which price was fixed at what is considered the
changed as follows: value of the publication, based upon the news value and service value it contains, that at
RZ95-32 for the real property least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
described in Exhibit 'A' at- newspaper or its agents or through recognized news dealers over a period of at least six
lathed hereto and made' a
part hereof. months; and that the said newspaper publishes an average of more than forty percent news
From A- 1 , Agricultural Dis- matter.
trict, to R-2, Medium Density
Residential District. subject I further certify that the legal notice hereto attached in the matter of
to the Bill of Assurance of-
fered to limit deneity. Said
Bill of Assurance ii attached // ✓C.C/ e39�9
hereto as Exhibit 'B';and made
a part hereof, was published in the regular daily issue of said newspaper for
Section 2. That the official consecutive insertions as follows:
zoning map of the City of
Fayetteville, Arkansas, is / �I�F,'`/�-�
hereby amended to reflect the The fust insertion on the U
�V
zoning change provided in . day of l9
Section 1 above.
the second insertion on the day of 19
' PASSED AND APPROVED
this 71h day of November,
1995, the third insertion on the day of 19
APPROVED:
By: Fred Hanna. Mayor and the fourth insertion on the day of 19
ATTEST:
By: Traci Paul, City Clerk
EXHIBIT W
I LEGAL DESCRIPTION Publisher / neral Manager
FOR RZ95-32 g
Part of the Southwest Quarterl
of the ,Southwest Quarter oll
Section 24 , Township 17.
North, Range 30 West, and be
ing ' more particularly de-I
scribe8 as follows, to wit: Be-
ginning at the Southeast
Corner of said 40 acre tract,
and running thence N 860
47'23' W 328.74 feet, thence
N 020 40.27' E 1327.10 feet,
thence S 870 21'31• E 327.92
feet: thence S 02. 39'22' W
89933 feet, thence S 020
' 36' 1'7' W 430.63 feet to the Swo to an ubscribed before me on this / day of
point of _beginning. contairiing /I
' 10.02 acres, more or less.'Also 19
part of the Northwest Quarte{
of the Southwest Quarter of
• Section . 24, Township 17
North;none 'Range l ar West, and,beticularli :
lIng, scribed as follows, to Jwast
i Commencing at the Southeast Notary Public
coiner of said cre' Iracl,
and running thehence 'N . the
21'31* W .100.00 feet to the My Commission Expires: _
point ofheginninthence r•7 _ r1� � O�
02° 36'18' E 4 feet;
` GT «tCCc«Ccr•= <cciccccc
IlNence S BY° 21'27'27' E' 100.00 ,«Crci
feet; thence N 02° 12'21' E ccccc�
163.76 feet, . thence N' 87°
04'36' W 303.82 feet; thence
ni....
rk nsas ,
N 02 38'24' E 258.66 leer to Fees for Printing $ Fi e;ar": -n±,,,;
the,center line of Zion Road. MY
thence N es° 55'23' W with Cost of Proof $ Ctxcv�cktp, . 7/25/05
said 'centerline 25.23 feel: -- <<i\C.�•,tkk,,
thence S 020 40'27' W 669.}(1 Total $ r tlK�
feet,,;.thence 5 87° 21 '34..E
227.92 feet lotthe point ofrbe
ginning, ccintaining 2.67 acr-
es, more or less. Also part of
the Southwest Quarter of the
Southwest Quarter, and part of
the Northwest Quarter of the
Southwest Quarter of Section
24, Township 17 N, Range 30
W, more particularly de-
scribed as follows: Commenc-
ing at the Southeast Corner of
the Southwest Quarter of the
Southwest Quarter of Section
24, Township 17 North, Range
30 W and running thence N
860 47'23' W 328.74 feet to
the point of beginning; thence
N 86" 47'23' W 328.74 feet;
thence N 02' 41 '26' E 1995.41
feet to the centerline of Zion
Road: thence along said can-
terline S 860 55'23' E 325.24
feet: thence departing said
centerline S 020 40'27' W
1996.20 feet to the point of
beginning, containing 15.03
acres, more or less, and con-
taining in the aggregate 27.72
acres, more or less.