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ORDINANCE NO. 4011. w c�i � o
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AN ORDINANCE REZONING THAT PROPERTY mCn Z 3 rn
DESCRIBED IN REZONING PETITION RZ96- 18 .00 Cf) o o
CONTAINING APPROXIMATELY 6. 17 ACRES LOCATED 3> v
ON RAZORBACK ROAD; AND ACCEPTING THE BILL OF ca
ASSURANCE OFFERED BY JOYCE OGDEN,
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 :
RZ96- 18 .00 for the real property described in Exhibit "A " attached hereto and
made a part hereof.
From R-2, Medium Density Residential District to C-2, Thoroughfare
Commercial District.
Section 2. The City Council hereby accepts the bill of assurance to comply with the
requirements of the overlay district as stated and offered by Joyce Ogden in Exhibit "B" attached
hereto 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 21st day of January 1997.
APPROVED:
.L ;L • n
By:
red Hanna, Mayor
ATTEST:
By :
Traci Paul, City Clerk
9?H ' S
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZ96- 18 .00
A PART OF THE NW 'A OF THE NE 'k OF SECTION 29, TOWNSHIP 16 NORTH, RANGE,
30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS : COMMENCE AT THE SOUTHWEST CORNER OF THE NW
'A OF THE NEIA OF SAID SECTION 29; THENCE S 86" 3718" E 116.24 FEET TO THE
EASTERLY RIGHT OF WAY OF STATE HIGHWAY 265 (AS ACQUIRED IN 1995) FOR
THE POINT OF BEGINNING AND RUN THENCE N 804'53 " E ALONG SAID RIGHT OF
WAY 82.24 FEET; THENCE N 2332'05 " E ALONG SAID RIGHT OF WAY 93 .67 FEET;
THENCE N 2932'05 " E ALONG SAID RIGHT OF WAY 93 .67 FEET; THENCE N
33 '29918@o E ALONG SAID RIGHT OF WAY 29.79 FEET; THENCE N 3426'32 " E ALONG
SAID RIGHT OF WAY 15.26 FEET; THENCE N 41034'02" E ALONG SAID RIGHT OF
WAY 40.31 FEET; THENCE N 32016501 @@ E ALONG SAID RIGHT OF WAY 105 .49 FEET;
THENCE N 2811 '31 " E ALONG SAID RIGHT OF WAY 53 . 11 FEET; THENCE N
24 " 12'55 " E ALONG SAID RIGHT OF WAY 100.49 FEET; THENCE S 8723 '09" E
LEAVING SAID RIGHT OF WAY 342. 89 FEET; THENCE S 235115 " W 563 .56 FEET;
THENCE N 8637538" W 587 .69 FEET TO THE POINT OF BEGINNING AND
CONTAINING 6. 17 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS.
BILL OF ASSURANCE EXHIBIT B
This declaration of a Bill of Assurance is made this 5th day of December, 1996 by Joyce
M. Ogden, Trustee of the Joyce M. Ogden Family Trust, the owners, of the following described
real estate located in the City of Fayetteville, Washington County, Arkansas, and more
particularly described as follows, to-wit:
A PARI OF THE NW1 /4 OF 1HE NE1 /4 Of SECTION 29, TOWNSHIP
16 NORTH , RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE
AT THE SOUTHWEST CORNER OF THE NW1 /4 OF THE NE1 /4 OF
SAID SECTION 29; THENCE S 86037138" E 116. 24 FEET TO THE
EASTERLY RIGHT OF WAY OF STATE HIGHWAY 265(AS ACOUIRED
IN 1995) FOR THE POINT OF BEGINNING AND RUN THENCE
N 8004053" E ALONG SAID RIGHT OF WAY 82. 24 FEET; THENCE
N 23032'05" E ALONG SAID RIGHT OF WAY 93. 67 FEET; THENCE
N 29032105" E ALONG SAID RIGHT OF WAY 93.67 FEET; THENCE
N 33029'18" E ALONG SAID RIGHT OF WAY 29. 79 FEET; THENCE
N 34026'32" E ALONG SAID RIGHT OF WAY 15.26 FEET; THENCE
N 41034'02" E ALONG SAID RIGHT OF WAY 40. 31 FEET; THENCE
N 32016'01 " E ALONG SAID RIGHT OF WAY 105. 49 FEET; THENCE
N 28011431 " E ALONG SAID RIGHT OF WAY 53.11 FEET; THENCE
N 24012'55" E ALONG SAID RIGHT OF WAY 100.49 FEET, THENCE
S 87023'09" E LEAVING SAID RIGHT OF WAY 342. 89 FEET; THENCE
S 2035'15" W 563. 56 FEET; THENCE N 86037'38" W 587.69 FEET
TO THE POINT OF BEGINNING AND CONTAINING 6. 17 ACRES, MORE
OR LESS, WASHINGTON COUNTY, ARKANSAS.
WHEREAS, the aforesaid owner of the real estate property described above has secured
the approval of the Fayetteville City Board of Directors to amend the Fayetteville zoning map
and rezone the above-described property from R-2 (Medium Density Residential) to C-2
(Thoroughfare Commercial) and
WHEREAS, the lands described herein are subject in part to the Design Overlay District
for the U.S. 71 Highway Corridor, Codified in Chapter 160: Zoning, of the Code of Fayetteville;
and
374��?Pc�iJ
WHEREAS, Joyce M. Ogden as Trustee of the Joyce M. Ogden Family Trust has
promised and agreed to subject the entire tract of the real estate described hereinabove to the
requirements and regulations of the Design Overlay District for the U.S. 71 Highway Corridor;
and
WHEREAS, Joyce M. Ogden as Trustee of the Joyce M. Ogden Family Trust is desirous
of making a declaration of the same in the form of this Bill of Assurance with the intention of
guaranteeing all future development of the lands described hereinabove shall be in compliance
with the Design Overlay District described and to bind the Joyce M. Ogden Family Trust, its
successors and assigns and the aforedescribed real estate and its subsequent owners with the
obligation and duty to comply with the assurances made and given herein for all future
development and use of said property.
NOW, THEREFORE, Joyce M. Ogden, Trustee of the Joyce M. Ogden Family Trust,
declares that the above described real property shall be developed, transferred, sold, conveyed
and thereafter occupied and used subject to the provisions and requirements of the Design
Overlay District for the U.S. 71 Highway Corridor as codified in Chapter 160: Zoning, of the
Code of Fayetteville, Arkansas.
WITNESS my hand and seal this 5th day of December, 1996.
OYCM. OGDE
Page 2 of
Ogden Trust - Bill of Assurance
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss.
COUNTY OF WASHINGTON )
BE IT REMEMBERED that on this day came before the undersigned, a Notary Public,
within and for the County aforesaid, duly commissioned and acting, Joyce M. Ogden, as Trustee
of the Joyce M. Ogden Family Trust, to me well known, who acknowledged that she had
executed the foregoing Bill of Assurances for the consideration and purpose therein mentioned
and set forth.
WITNESS my hand and seal as such Not his 5th day of Dece ber, 1996.
Ronald Garner Woodruff Notary Public R nald G. W druff, Notary Public
Washington County Arkansas
My Commission Expires 10/5/2002
Page 3 of
Ogden Trust - Bill of Assurance r� �y
I, Kathleen Harness, Circuit Clerk and
Ex-officio Record=r for Washington
CounV, a K;an:.gs. c:0 ",7, ft cart:y that
thl; in;tr .msnt ... m r.-cord in my
office r , Irdir . .. .nd the sama
Is no., Cc' I acknow-
ledges^.:.t .. : ,arocn In
Indicated
Ihere:n.
a : vl ;T; :c V, ' £RPC r'. I have here•
un,o cot . r."ad and airzod the coal of
Paid Coun on the 4.,!o lndtcatod hereon,
Kathleen H.;moss
Circuit Ciotti and
f: is Recordor
cy
ORDINANCE NO. 4012
AN ORDINANCE REZONING
THAT PROPERTY DESCRI- _ -
BED IN REZONING PETITION o �, • , L
RZ96-18.00 CONTAINING AP- "
PROXIMATELY 6. 17 ACRES
LOCATED ON RAZORBACK
ROAD; AND ACCEPTING THE ,..
BILL OF ASSURANCE OF-
FERED BY JOYCE OGDEN. 71 1 , 'fool : r
BE IT ORDAINED BY THE $TATE OF AR KANSAS � ' •t. '— •
CITY COUNCIL OF FAYETTE•
VILLE, ARKANSAS: ss.
Section 1. That the zone clan- County of Washington
sift ation of the following descri-
bed property is hereby changed
as follows: I, fy l hereby cer-
ty desc8DOribed
for the real proper- fif that I am the publisher of Tilt' NO FS'f ARKANSAS TIMES, a daily
proper-
ty tlescribed in Exhibit 'A' al- Y P Y
tached hereto and made a pan newspaper having a second class mailing privilege, and being not less than four pages of
hereof. five columns cacti, published at a fixed lace of business and at a fixed (daily)From R-2, Medium Density P P ( y) intervals
Residential District to C-2, continuously in the City of Fayetteville, County of Washington, Arkansas for more than
Thoroughfare Commercial Dis- a period of twelve months, circulated and distributed from an established place of business
met'
Section 2 The City Council to subscribers and readers generally of all classes in the City and County for a definite price
hereby accepts the bill of assur- for each copy, or a fixed price per annum, which price was fixed at what is considered the
pace to comply withe require- value of the publication, based upon the news value and service value it contains, that at
mens of the overlay district as least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
stated and offered by Joyce
Ogden in Exhibit 'B' attached newspaper or its agents or through recognized news dealers over a period of at least six
hereto and made a pan hereof. months; and that the said newspaper publishes an average of more than forty percent news
Section-3. That the official zon-
ing map of the City of Fayette-
ville, Arkansas, is hereby
amended to reflect the zoning I further certify that the legal notice hereto attached in the matter of
change provided in Section 1
above. � �
PASSED AND APPROVED ll�iLZ�/��(j,/�„C � lr YO/L
this 21st day of January, 1997.
APPROVED: was published in We regular daily issue of said newspaper for
By: Fred Hanna P 8 Y —I
Mayor consecutive insertions as follows:
ATTEST:
By: Traci Paul
City Clerk
E%HIBfT 'A' The first insertion on the "A"�L a8 y
da of 19 9"0,) -
LEGAL DESCRIPTION FOR
RZ96-18,00 the second insertion on the day of 19
A PART OF THE NWI14 OF
THE NEIA OF SECTION 29, the third insertion on the da of 19
TOWNSHIP 26 NORTH, Y
RANGE 30 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, and the fourth insertion on the day t9
BEING MORE PARTICULAR-
LY DESCRIBED AS
FOLLOWS: COMMENCE AT
THE SOUTHWEST CORNER
OF THE NW114 OF THE NE114
OF SAID SECTION 29; q
THENCE S 860 37' 38' E btiisher / eneml Mana er
116.24 FEET TO THE EAST- 8
ERLY RIGHT OF WAY OF
STATE HIGHWAY 265 (AS
ACQUIRED IN 1995) FOR THE
POINT OF BEGINNING AND
RUN THENCE N 8° 04' 53' E
ALONG SAID RIGHT OF WAY
82.24 FEET; THENCE N 23°
32' 05* E ALONG SAID RIGHT
OF WAY 93.67 FEET;
THENCE N 290 32' 05' E
ALONG SAID RIGHT OF WAV
93.67 FEET; THENCE N 330
29' 18' E ALONG SAID RIGHT
WAV FEET;
THENCE
34" 2 Swom to and subscribed before me on this
THENCE N 34° 26' 32' E ^ day of
ALONG SAID RIGHT OF WAY 19
15.26 FEET; THENCE N 410 ���----YYNIf ...ill
34' 020 E ALONG SAID RIGHT
al—
OF WAV 40.31 FEET;
THENCE N 320 16' 01 ' E
ALONG SAID RIGHT OF WAV
705.49 FEET; THENCE N 280 !!!!!!!!!!!6l1
11' 31* E ALONG SAID RIGHT a rr !r!r!j5 Notary Public
OF WAV 53. 11 FEET; t Catr,;_;rc ��� f
THENCE N 240 12' 55' E 1 No
ALONG SAID RIGHT OF WAY My Commission Expv b Publ'c, Stat; Of Arkansas
100.49 FEET; THENCE S 87° r Washington County
23'09' E LEAVING SAID 1-My Commission Expires 0?/27/051
RIGHT OF WAY 342.89 FEET; CG FEEEhYlttx�((ires 0 (EEEgZ
THENCE S 20 35' 15' W
563.56 FEET; THENCE N 860
38' IN SFEET TO
THE
OF �
THE POINT BEGINNING Fees for Printing $
AND CONTAINING
NING 6. 17
ACRES, MORE OR LESS, Cost of Proof $
WASHINGTON COUNTY, AR- $
KANSAS. Total ��