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HomeMy WebLinkAboutOrdinance 4012 4 � T s m C) ORDINANCE NO. 4011. w c�i � o --4 x o y A 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 ��