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HomeMy WebLinkAboutOrdinance 4130 FILED FOR RECOf, D ORDINANCE NO. 4130 099 PPR 2 Pn 3 59 17ASH1h' GTO„ CO AN ORDINANCE REZONING THAT PROPERTY DESCRIBED HARI- ' ESS IN REZONING PETITION RZ98-19 FOR A PARCEL CONTAINING APPROXIMATELY 45.87 ACRES LOCATED NORTH OF TOWNSHIP EAST EXTENSION REQUESTED BY JORGENSEN AND ASSOCIATES ON BEHALF OF TOM TERMINELLA. 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 I as follows: From A- 1 , Agricultural to R-1 , Low Density Residential, for the real property described in Exhibit "A" attached hereto and made a part hereof. Section : 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 15's day of December 1998. L APPROVED: 04 By: Fred Hanna, Mayor Ilk ATTEST`. By: Hem ather Woodruff, City Clerk 99030 "67 Ord . 4130 EXHIBIT "A" LEGAL DESCRIPTION FOR RZ98-19 Part of the SW 1/4 of Section 31 , T17N, R29W of the Fifth Principle, Meridian in Washington County, Arkansas and being more particularly described as follows: Commencing at the Southeast Comer of said SW 1/4 thence 589248°20'51 "W 499.24 Feet to the Point of Beginning which isa point in the creek thence along the center of said creek as follows: N40°35'09"W 113.00 Feet, thence N29024'51 "E 60.00 Feet, thence N44°35'09"W 220.00 Feet, thence N08035'09"W 145.00 Feet, thence N63°35'09"W 45.00 Feet, N06°30'40"E 129.93 Feet, N09°36'39"W 381 .44 Feet, NO2052'59"W 246.70 Feet, N34014139"W 480.96 Feet, N16°08'56"W 323.67 Feet, to the Southwest Corner of Brookbury Subdivision thence along the west boundary of Brookbury Subdivision which is also the approximate center of the creek, N10°00'00"W 163.00 Feet, thence N20°30'00"W 197.00 Feet, thence NO3°35'00"W 76.37 Feet, thence departing said creek and along an existing fence S85028'59"W 198.88 Feet, thence S88047'14"W 709.80 Feet to the East Right of Way of Highway 265 thence along said East Right of Way S1 1 °38'37"E 223.00 Feet, S08°49'29"E 196.28 Feet, thence S03053'07"E 176.34 Feet, thence leaving said Right of Way East 40. 15 Feet to a found Iron Pipe thence S 12041 '16"E 708.30 Feet, thence along an existing fence N89054'54"E 619.34 Feet to a Bent Pipe thence S050 15'21 "W 424.93 Feet to a Found Iron Pin, thence N87°00'22"W 116.29 Feet, thence S05007' 17"W 599.34 Feet, thence S84°55'32"E 277.49 Feet to the Township line, thence N89°0'51 "E 722.49 Feet to the P.O.B.; Containing 45.87 acres more or less subject to easements and Right of Way of record and a 30' wide access easement through the south part of this property and the center of said easement being described as follows: Commencing at the SE Comer of said SW 1 /4 of said Section 31 , thence S89020'57"W 1041 .45 Feet to the P.O.B. for the centerline of said 30' easement thence the following bearings and distances. N59058'46"E 42.70 Feet, thence N35007'36"E 182.89 Feet, thence N10°40'52"E 158.54 Feet, thence N34°04'27"E 113 .78 Feet, thence N22°07'57"E 46.34 Feet, thence NO3°35'27"E 56.43 Feet, thence N22°24'00"E 69.88 Feet, thence N52028' 11 "E 15.92 Feet. 990 0168 w � J Y I, I{�tq�aam Iniae, (?lrQyit P190 And sxsp@icio R®k�lrygrtar Wesn�NW WWII,,.Ark II3as, do noreby certify mll ttllb InytFvr ?4fl1 Woe filed gr rPF9rd in my oHida @g RrlAIO liar98n@ io $@ aarne Is now duly recarded with the ae ngwlerlQornw :aAA oertifieate thereon In Rocortl ®ae ✓ r,4 Nt@ Pit Indicated thereon. IN WITN560 WHFF F.Ot`, I have hereunto set my hand and off[mod the sual tai uld Court on the date indi- cated hereon, Kathiaen Narnaee Clrc 1 err and Ex oHIdW' Feoerder 1 STATE OF ARKANSAS County of Wa ington f ^S• JAN p 7 1999 I, . hereby certify l a%%A[l r-Wf THE .',. NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, ORDINANCE NO. 4130 W220.00 Feet. thencepublished at a fixed place of business and at fixed (daily) intervals ' N08035'09" W 145.00 Feet, AN ORDINANCE REZONING thence N63035'09" W 45.00 continuously in the City of Fayetteville, County of Washington, Arkansas for THAT PROPERTY DESCRI- Feet, N06030'40" E 129.93 . than a period of twelve months, circulated and distributed from an i :; BED IN REZONING PETITION Feet, N09°36'39'" W 381 .44 . more p RZ98-19 FOR A PARCEL Feet, 1402°52'59" W 246.70 established place of business to subscribers and readers generally of all CONTAINING APPROXIMATE- Feet, N34°14'39" W 480.961 LY 45.87 ACRES LOCATED Feet, N16°08'56" W 323.671, classes in the City and County for a definite price for each copy, or a fixed NORTH OF TOWNSHIP EAST Feet, to the Southwest Corner ' lof annum, Wf11Ch rice was fixed at what is considered the value of the 1 ' EXTENSION REQUESTED BY of Brookbury Subdivision ) pricep p JORGENSEN AND ASSOCI- thence along the west boun- 1 publication, based upon the news value and service value it contains, that at ATES ON BEHALF OF TOM tlary of Brookbury Subdivision least fifty percent of the subscribers thereto have paid for their subscriptions TERMINELLA. which is also the approximate center of the creek, N10000'00" to the newspaper or its agents or through recognized news dealers over a I: . BE IT ORDAINED BY THE W 163.00 Feet, thence ) 9 9 9 CITY COUNCIL OF THE CITY N20030'00" W 197.00 Feet, ' period of at least six months and that the said newspaper publishes an OF FAYETTEVILLE, ARKAN- thence NO3035'00"W 76.37 ' f than f a omore an o f SAS: Feet, thence departing said average forty percent news matter. creek and along an existing I ;• : ' Section 1. That the zone classi- fence S85028'59"W 198.88 I }Urih ertify that the legal notice attached in the matter of fication of the following descri- Feet, thence S88°47' 14" W,i bed property is hereby changed Way Feet h the East flight of /) „/ ��� �� as follows: Way of Highway 265 thence 91d r along said East Right of Way From A-1 , Agricultural to R-1 , S11038'37" E 223.00 Feet, Low Density Residential, for the S08049'29" E 196.28 Feet, real property described in Ex. .thence S03°53'07" E 176.34 was published In the regular dally issue of said newspaper for hibit "A" attached hereto and Feet, thence leaving said Right made a part hereof. of Way East 40.15 Feet to a Consecutive Insertions as foll0 s: found Iron Pipe thence l. Section 2. That the official zon- S12041 ' 16" E 708.30 Feet. .. ing map of the City of Fayette- thence along an existing fence The first insertion on theJafidno day of 19 00 ville, Arkansas, is hereby N89054'54" E 619.34 Feet to a - amended to reflect the zoning Bent Pipe thence 505°15'21" ' change provided in Section 1 W 424.93 Feet to a Found Iron the second insertion on the day of 19 I '. above. Pin, thence N87°00'22" W 116.29 Feet, thence S0500717" PASSED AND APPROVED W 599.34 Feet, thence the third insertion on the day of 19 this 15th day of December, S84055'32" E 277.49 Feet to 1998. the Township line, thence : N8900'51" E 722.49 Feet to the APPROVED: P.O.B.; Containing 45.87 acres the fourth Insertion on the ay Of 19 - `' '- more or less subject to ease- I By: Fred Hanna, Mayor ments and Right of Way of re- I ,,;. cord and a 30` wide access 1 . . ATTEST: easement through the south part of this property and the 1 L !General Manager By: Heather Woodruff., City center of said easement being Clerk described as follows: Com- f mencing at the SE Corner of Sworn to and subscribe before me on this dy_of EXHIBIT "A" said SW 1/4 of said Section 31 , thence S89020'57"W r•.' LEGAL DESCRIPTION FOR 1041 .45 Feet to the P.O.B. for RZ98-19 the cemedine of said 30' ease- ' ment thence the following bear- Part of the SW 1/4 of Section ings and distances. N59058'46" 31 , T17N, R29W of the Fifth E 42.70 Feet, thence « r Principle Meridian in Washing- N35007'36" E 182.89 Feet, 1 Catherine SallNota ry Public I . ton County, Arkansas and be- thence N10040'52" E 158.54 1 ing more particularly described Feet, thence N34°04'27" E 1 Notary Public, State of Arkansas as follows: Commencing at the 113.78 Feet, thence My Commission Expir ' Southeast Corner of said SW N22007'57" E 46.34 Feet, < 1/4 thence 589248020'51 " W thence NO3035'27" E 56.43 , My Commission Expires 02127/05 ' 499.24 Feet to the Point of Be- Feet, thence N22024'00" E [CC[«CCCC<[C[[<tC<CUCCC<4[[CC[[C1 /^ /�� ginning which is a point in the 69.88 Feet, thence N52028'11" /��w • V �../ 5reek thence along the center E 15.92 Feet. Fees for Printing..................................................... .$ of said creek as follows: - l: N40035'09" W 113.00 Feet. thence N29024'51 " E 60.00 Cost of Proof.............................................................$ Feet, thence N44035'09" Total..........................................................................$ i '. i