HomeMy WebLinkAboutOrdinance 4074 ,
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ORDINANCE NO. 4074 _
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AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ97-20.00 FOR A PARCEL rn rn
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CONTAINING APPROXIMATELY 76.95 ACRES LOCATED u c C'
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NORTH OF MISSION BOULEVARD AND EAST OF BLUE n ;�o
MESA DRIVE REQUESTED BY MARC CRANDALL ON coo 0
BEHALF OF GARY ATHA.
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:
RZ 97-20.00 for the real property described in Exhibit "A" attached hereto and made
a part hereof.
From A- 1 , Agricultural District to R- 1 , Low Density Residential 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 I above.
t : f Ir .
PASSED AND APPROVED this 20th day of January , 1998.
APPROVED:
'J � By: ���//YLtui
s- 1 ~ Fred Hanna, Mayor
4
ATTEST:
By:
�, City Clerk
D ePu1/ Y
98006464
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZ 97-20.00
A part of the South half of the Southeast quarter of Section 31 , Township 17 North, Range 29 West
and a part of the Fractional Northeast quarter of Section 1 , Township 16 North, Range 30 West lying
North of State Highway 45 and being more particularly described as follows: Beginning at the
Northeast Comer of the Southeast quarter, Southeast quarter of said Section 31 which is an Iron Pin
thence South 89 degrees 32 minutes 15 seconds West 1328.99 feet, thence South 89 degrees 29
minutes 50 seconds West 1328.97 feet to a Stone which marks the Northwest comer of the
Southwest quarter, Southeast quarter of said Section 31 thence South 01 degrees 14 minutes 02
seconds East 1315 .69 feet, thence North 89 degrees 28 minutes 30 seconds East 597.32 feet, thence
North 89 degrees 34 minutes 43 seconds East 842. 17 feet along the North line of Timbercrest
Subdivision, thence South 00 degrees 00 minutes 39 seconds West 1376. 17 feet along the East line
of the Timbercrest Subdivision to the north right-of-way of Hwy 45 thence along said North right-of-
way of North 54 degrees 43 minutes 15 seconds East 614.66 feet, thence North 12 degrees 20
minutes West 894.23 feet thence North 685 .96 feet, thence East 444.05 feet, thence North 345.29
feet, thence East 440.34 feet, thence North 00 degrees 42 minutes 32 seconds West 442.47 feet to
the point of beginning containing 76.95 acres more or less subject to easements and rights-of-way
of record.
98006465
1/19/98
To: Fayetteville City Council
Re: Gary Atha Annexation/Rezoning Request - Additional Access
The Owner will install at his expense and as part of the development of the property the
total length of the Township extension from its current terminus to the subject property
as a condition of the Annexation and Rezoning and assuming approval from the Planning
Commission of the proposed subdivision.
Ga-�-��
98006466
Gory
Bill Of Assurance
This declaration of a Bill of Assurance is made thisy of January, 1998,
by TAJJMM K , Inc.(hereinafter referred to as Owner), owner of the real estate described
in Exhibit "A" (hereinafter referred to as the Property), attached hereto and made part
hereof, located in the City of Fayetteville, Washington County, Arkansas.
WHEREAS, the Owner has secured from the Fayetteville City Council approval
of a rezoning from A- 1 , Agricultural, to R- 1 , Low Density Residential of the Property;
and
WHEREAS, the approval of said rezoning was contingent upon the development
of the Property not exceeding One Hundred and Sixty Nine ( 169) lots; and
WHEREAS, the approval of the rezoning was also contingent on the
establishment of Covenants establishing a minimum square footage of home buildings of
Two Thousand ( 2000) sf ; and
WHEREAS, the Owner is desirous of making a declaration of the same form as
this Bill of Assurance with the intention of Guaranteeing the preservation of certain
values and amenities in the community and to bind the Owner and its successors and
assigns and the Property and its subsequent owners with the obligations and restrictions
hereinafter set forth for all present and future development and use of the Property.
NOW, THEREFORE, the Owner declares that the Property shall be held,
developed, transferred, sold, conveyed and occupied subject to the covenant and
restriction that it shall not be developed into more than One Hundred Sixty Nine ( 169)
lots and that all dwellings buildings be constructed with a minimum of Two Thousand
( 2000) sf of living space.
WITNESS my hand thisC2 y of January, 1998
Gary Atha, Vi President
TAJJMM K, C.
Attest, Secretary
98006467
I, Kathleen hameco. Circuli Elork Sad Bx•officio
Recorder for Washinytnn County. Arkansas, do hereby
til
d In my
certify that this instrument was ed same now duly
office as Indicated hereon and the
erliticate
recorded with the acknowledgement 6 iand and oc thereon.
thereon in Record Book and ago
IN WITNESS WHEREOF. I have hereunto eat my
hand and affixed the Seal of said Court on the date indi-
cated hereon.
Kathleen Hamese officio Recorder
Circuit ' "n�` Fv. -
by
t
MICROFILMEDILED FOR RECORD 507y
' 98 MMR 3 PM 3 06
WASHINGTON GO AR
Bill Of Assurance K. HARNESS
This declaration of a Bill of Assurance is made this 23 day of January, 1998,
by TAJJMM K Farm , Inc.(hereinafter referred to as Owner), owner of the real estate
described in Exhibit "A" (hereinafter referred to as the Property), attached hereto and
made part hereof, located in the City of Fayetteville, Washington County, Arkansas.
WHEREAS, the Owner has secured from the Fayetteville City Council approval
of the annexation and rezoning of the Property from A- 1 , Agricultural, to R- 1 , Low
Density Residential; and
WHEREAS, the approval of said annexation and rezoning was contingent upon
the development of the Property not exceeding One Hundred and Sixty Nine ( 169) lots;
and
WHEREAS, the approval of the annexation and rezoning was also contingent on
the establishment of Covenants establishing a minimum square footage of home
buildings of Two Thousand ( 2000) sf ; and
WHEREAS, the approval of the annexation and rezoning was also contingent on
the Owner installing a section of roadway connecting the Property to the current
terminus of Township Road as part of the development of the approved subdivision of
the Property; and
WHEREAS, the Owner is desirous of making a declaration of the same form as
this Bill of Assurance with the intention of Guaranteeing the preservation of certain
values and amenities in the community and to bind the Owner and its successors and
assigns and the Property and its subsequent owners with the obligations and restrictions
hereinafter set forth for all present and future development and use of the Property.
NOW, THEREFORE, the Owner declares that the Property shall be held,
developed, transferred, sold, conveyed and occupied subject to the covenant and
restriction that it shall not be developed into more than One Hundred Sixty Nine ( 169)
lots, that all dwellings buildings be constructed with a minimum of Two Thousand
( 2000) sf of living space and that during the time of development of the approved
subdivision the Owner will install the road connection between the Property and the
terminus of Township Road, this provided that all right of ways and easements are
secured by the Owner and/or the City of Fayetteville.
WITNESS my hand this23 day of January, 1998
Atst, Secr ry
o , .<. `.Don 06zart Presiderd
i C3 ;
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ACKNOWLEDGMENT
STATE OR ARKANSAS )
COUNTY OF WASHINGTON SS
BE IT REMEMBERED, that on this day came before the undersigned, a Notary
Public, duly qualified, commissioned and acting foe the aforesaid County and State, Don
Cozart, President and Gary Atha, Secretary, of TAJJMM K Farm, Inc., personally known
to be the person executing the foregoing Bill Of Assurance, and stated that they executed
same for the consideration and purposes herein mentioned and set forth.
WTTNotary Public on this Z3 da of Janua
1998. OFFICIAL SEAL Y ry,
ALONZO D. McALLISTER III
NOTARY PUBLIC ARKANSAS
K'ASHINGMIN COUNTY
Commission Expires 054DiQ003
My Commissi
Notary Public
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a aN .hn' LI Y
o.,,.e .� Indlrnl"_d int;on a; ;d ltlu 5;n1� Is now duly
le; ,,rded aah 0111rcl;pow�dq 3li and
edtheicate
thereon in RPPPfd hook and 0 as
IN WITNESS WH�pEOF, I have hereunto set my
hand and affixed the seal of said Court on the data indt-
sated hereon.
Kathleen Harness I gnrnrrlar
Cirot. •nr' Fx.nNl� n
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STATE OF ARKANSAS
SS. E D U i
County of Washington J VI lM DE
I, RANDALL COPE, hereby certify that I am the publisher of THE
ORDINANCE NO. 4074 A part of the Couth Tell of the NORTHWEST ARKANSAS TIMES, a daily newspaper having a second
Southeast quarter of Section class mailing privilege, and being not less than four pages of five
AN ORDINANCE REZONING 31, Township 17 North, Range
THAT PROPERTY DESCRI- 29 West and a part of the Frac-
columns each, published at a fixed place of business and at fixed (daily)
BED IN REZONING PETITION tional Northeast quarter of Sec- Intervals Continuously In the City Of Fayetteville, County of Washington,
RZ97-20.00 FOR A PARCEL tion 1 , Township 16 North,
CONTAINING APPROXIMATE- Range 30 West lying North of � Arkansas for more than a period of twelve months, circulated and
LY 76.95 ACRES LOCATED State Highway 45 and being distributed from an established place of business to subscribers and
NORTH OF MISSION BOULE- more particularly described as
VARD AND EAST OF BLUE follows; Beginning at the readers generally of all classes in the City and County for a definite price
MESA DRIVE REQUESTED Northeaquarter, Southeast quaver at comer of the south-
east
BY MARC CRANDALL ON BE- east quarter, for each copy, or a fixed price per annum, which price was fixed at what
HALF OF GARY ATHA. of said Section 31 which is an is considered the value of the publication, based upon the news value
Iron Pin tnth 89 de-
BE IT ORDAINED BY THE grees 32 minutes
15 seconds and service value It Contains, that at least fifty percent of the subscribers
. -mi1
CITY COUNCIL OF THE CITY West 1328.99 feet, thence thereto have paid for their subscriptions to the newspaper or its agents
OF FAYETTEVILLE, ARKAN- South 89 degrees 29 minutes
SAS: 50 seconds West 1328.97 feet or through recognized news dealers over a period of at least six months
to a Stone which marks the and that the said newspaper publishes of more than fort
Section t. That the zone clas- Northwest cornet of the South- PaP P an average 9 y
sification of the following descrk west quarter, Southwest quar- percent news matter.
bed property is hereby changed ter of said Section 31 thence
as follows: South 01 degrees 14 minutes ,
02 seconds East 1315.69 feet,
RX 97-20.00 for the real prop- thence North 89 degrees 9 .32 l further certify that the legal notice attached in the matter of
arty tlescnbetl in Exhibit OA" at- nutes 30 seconds East 597.32 y g
tached hereto and made a part feet, thence North 89 degrees
hereof. 34 minutes 43 seconds East
842.17 feet along the North line _ n \n+ 1N AQpC.Q N6 . 01
From A-1 , Agricultural District of Timbercrest Subdivision, -
to R-1, Low Density Residential thence South 00 degrees 00
District. minutes 39 seconds west was published in the regular daily issue of said newspaper for
1376.17 feet along the East line consecutive insertions as follows:
Section 2. That the official zon- of the Timbercrest Subdivision
ing map of the City of Fayette- to the north rightof-way of Hwy q
ville, Arkansas, is hereby 45 thence along said North The first insertion on the �e�+ . O`er da of 19 6 g
amended to reflect the zoning right-of-way of North 54 de- y
i change provided in Section 1 grees 43 minutes 15 seconds
above. East 614.66 feet, thence North
12 degrees 20 minutes West the second insertion on the day of 19
PASSED AND APPROVED 894.23 feet thence North
this 20th day of January, 1998. 685.96 feet, thence East
444.05 feet, thence North the third insertion on the day of 19 _
APPROVED 345.29 feet, thence East
440.34 feet, thence North 00
By: Fred Hanna, Mayor degrees 42 minutes 32 minutes and the fourth insertion on the day of 19
32 secontle West 442.47 feet to
ATTEST: the point of beginning contain-
ing 76.95 acres more or less
By: Jane Heth subject to easements and
Deputy City Clerk rights-of-way of record.
EXHIBIT "All >* Publisher/General Manager
LEGAL DESCRIPTION FOR
RZ97'_20.00 _ Sworn to and subscribed before me on this day of
19
erTie fret (Jeer
rr �� erne Sall Notary Public
Notary Public, State of Arkansas
My Commission Expires: <
t My CmnlrtissiOR Expires n2127y051<
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Fees for Printing ....... .... . .. ... .... ... .. ... .. ... ... . ... ... .. .$ � • IG
to
Cost of Proof....... .. .. .... .. .......... ..... ... .. ... ... ... .. ... ..$ I
Total.... .. . ........ ...... .. .... .. .. .......... ... .. ... ... ..... ... ... .. .$ l �!o .Ct
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