HomeMy WebLinkAboutOrdinance 4413 ORDINANCE NO. 4413
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 02-21 .00 FOR A PARCEL CONTAINING
APPROXIMATELY 17.39 ACRES LOCATED AT 10 BISHOP DRIVE
AND 35 APPLEBY ROAD, FAYETTEVILLE, ARKANSAS, AS
SUBMITTED BY DIXIE DEVELOPMENT ON BEHALF OF FERN
YOUNKIN REVOCABLE TRUST
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:
From A- 1 , Agricultural to R-O, Residential Office, as shown in Exhibit A 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 3`d day of September, 2002.
APPROVED:
/t 0 1 11 t By.
DAN COODY, Mayo N
rri
Y. e v o
70
a a
a oodruff, City ler c .n n
r �
20 ^ ? 1 71 -495
Ord . 4413
EXHIBIT "A"
RZN 02-21 .00
A PART OF THE SOUTH HALF (S %2) OF THE NORTHWEST QUARTER (NW %4) OF
THE NORTHWEST QUARTER (NW '/4) AND A PART OF THE SOUTHWEST
QUARTER (SW '/4) OF THE NORTHWEST QUARTER (NW '/4), ALL IN SECTION
THIRTY FIVE (35), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30)
WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT
THE NORTHWEST CORNER OF THE SOUTH HALF (S '/2) OF SAID NORTHWEST
QUARTER (NW '/4) OF THE NORTHWEST QUARTER (NW '/4), SAID POINT BEING
IN APPLEBY ROAD AND FROM WHICH AN EXISTING REFERENCE IRON AT THE
NORTHWEST CORNER OF LOT NUMBERED ONE (1 ), BLOCK NUMBERED ONE ( 1 )
OF QUAIL CREEK SUBDIVISION, PHASE 1 , TO THE CITY OF FAYETTEVILLE,
ARKANSAS, BEARS S01017'04"W 24.69 FEET; THENCE S88040'42"E ALONG THE
NORTH LINE OF SAID SOUTH HALF (S %2) OF SAID NORTHWEST QUARTER (NW
'/4) OF THE NORTHWEST QUARTER (NW '/4) 383 .71 FEET TO A POINT FROM
WHICH A SET REFERENCE IRON BEARS S01017104"W 23 . 82 FEET; THENCE
LEAVING THE NORTH LINE OF SAID SOUTH HALF (S '/2) OF SAID NORTHWEST
QUARTER (NW '/4) OF THE NORTHWEST QUARTER (NW '/4) S0101710495W 316.46
FEET TO A SET IRON ON THE NORTH LINE OF NORTH HEIGHTS ADDITION TO
THE CITY OF FAYETTEVILLE, ARKANSAS; THENCE N88°27 '27"W 1 .47 FEET TO
AN EXISTING IRON AT THE NORTHWEST CORNER OF SAID NORTH HEIGHTS
ADDITION; THENCE S01 °34'03"W ALONG THE WEST LINE OF SAID NORTH
HEIGHTS ADDITION 101 .33 FEET TO A SET IRON; THENCE LEAVING THE WEST
LINE OF SAID NORTH HEIGHTS ADDITION N88040142"W 173.03FEET; THENCE
S01017104"W 1562.58 FEET TO A POINT ON THE SOUTH LINE OF SAID
SOUTHWEST QUARTER (SW '/4) OF THE NORTHWEST QUARTER (NW '/4), SAID
POINT BEING IN DRAKE STREET AND FROM WHICH A REFERENCE IRON SET
ON THE NORTH RIGHT OF WAY LINE OF SAID STREET BEARS NOl ° 17'04"E 30.20
FEET; THENCE N88°34' 03"W 208.71 FEET TO THE SOUTHWEST CORNER OF SAID
IRON AT THE SOUTHEAST CORNER OF LOT NUMBERED THIRTY SEVEN (37), OF
FAYETTEVILLE, ARKANSS, BEARS N01017'04"E 30.00 FEET; THENCE NO] 17'04"E
1979.97 FEET TO THE POINT OF BEGINNING, CONTAINING 11 . 162 ACRES MORE
OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS . THE ABOVE
DESCRIBED 11 . 162 ACRE TRACT BEING SUBJECT TO THE RIGHT OF WAYS OF
APPLEBY ROAD ALONG THE ENTIRE NORTH BOUNDARY AND DRAKE STREET
ALONG THE ENTIRE SOUTH BOUNDARY.
ALSO,
A PART OF THE SOUTH HALF (S 'h) OF THE NORTHWEST QUARTER (NW '/4) OF
THE NORTHWEST QUARTER (NW 'h) AND A PART OF THE SOUTHWEST
QUARTER (SW '/4) OF THE NORTHWEST QUARTER (NW '/4) ALL IN SECTION
THIRTY-FIVE (35), TOWNSHIP SEVENTEEN ( 17) NORTH, RANGE THIRTY (30)
WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING
05 2 :2052 : 71 39 6
• • Ord . 4413
AT THE NORTHWEST CORNER OF THE SOUTH HALF (S %2) OF SAID NORTHWEST
QUARTER (NW '/4) OF THE NORTHWEST QfUARTER (NW '/4), SAID POINT BEING
IN APPLEBY ROAD AND FROM 3 WHICH AN EXISTING REFERENCE IRON AT THE
NORTHWEST CORNER OF LOT NUMBERED ONE ( 1 ), BLOCK NUMBERED ONE ( 1 )
OF QUAIL CREEK SUBDIVISION, PHASE I, TO THE CITY OF FAYETTEVILLE,
ARKANSAS, BEARS SO1 ° 17 '04"W 24.69 FEET; THENCE S88°40'42"E ALONG THE
NORTH LINE OF SAID SOUTH HALF (S ''/2) OF SAID NORTHWEST QUARTER
(NW'/a) OF THE NORTHWEST QUARTER (NW '/4) 383 .71 FEET TO A POINT FROM
WHICH A SET REFERENCE IRON BEARS S01017904"W 23.82 FEET; THENCE
LEAVING THE NORTH LINE OF SAID SOUTH HALF (S%2) OF SAID NORTHWEST
QUARTER (NW '/4) OF THE NORTHWEST QUARTER (NW '/4) SO1017504" 316.46
FEET TO A SET IRON ON THE NORTH LINE OF NORHT HEIGHTS ADDITION TO
THE CITY OF FAYETTEVILLE, ARKANSAS; THENCE N88°27 '27"W 1 .47 FEET TO
AN EXISTING IRON AT THE NORTHWEST CORNER OF SAID NORTH HEIGHTS
ADDITION, THENCE S0103410377W ALONG THE WEST LINE OF SAID NORTH
HEIGHTS ADDITION 188. 73 FEET TO AN EXISTING IRON AT THE SOUTHWEST
CORNER OF SAID NORTH HEIGHTS ADDITION; THENCE S88°27'27"E ALONG THE
SOUTH LINE OF SAID NORTH HEIGHTS ADDITION 0.66 FEET TO AN EXISTING
FENCE CORNER AT THE NORTHWEST CORNER OF LOT NUMBERED TWENTY
ONE (21 ), BLOCK NUMBERED FIVE (5) OF THE BISHOP ADDITION TO THE CITY
OF FAYETTEVILLE, ARKANSAS ; THENCE SOI ° 12 '06"W ALONG THE WEST LINE
OF BLOCKS NUMBERED FIVE (5) AND ONE ( 1 ), OF SAID BISHOP ADDITION TO A
PONT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER (SW ''/4) OF THE
NORTHWEST QUARTER (NW '/4), SAID POINT BEING IN DRAKE STREET AND
FROM WHICH A REFERENCE IRON SET AT THE SOUTHWEST CORNER OF LOT
NUMBERED TWELVE ( 12), BLOCK NUMBERED ONE ( 1 ), OF SAID BISHOP
ADDITION BEARS N0101210611E 30.36 FEET; THENCE N88°34'039'W ALONG THE
SOUTH LINE OF SAID SOUTHWEST QUARTER (SW '/4) OF THE NORTHWEST
QUARTER (NW '/4) 174.75 FEET TO A POINT FROM WHICH A REFERENCE IRON
SET ON THE NORTH RIGHT OF WAY OF DRAKE STREET BEARS N01017 '0499E
30.20 FEET; THENCE LEAVING THE SOUTH LINE OF SAID SOUTHWEST
QUARTER (SW '/4) OF THE NORTHWEST QUARTER (NW %4) NO1 ° 17 '04"E 1562.58
FEET TO A SET IRON; THENCE S88°40'42"E 173 .03 FEET TO THE POINT OF
BEGINNING, CONTAINING 6.229 ACRES, MORE OR LESS, FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 6.229 ACRE
TRACT BEING SUBJECT TO THE RIGHT OF WAYS OF APPLEBY ROAD ALONG
THE ENTIRE NORTH BOUNDARY AND DRAKE STREET ALONG THE ENTIRE
SOUTH BOUNDARY.
20 ! r' : 71397
for Washington Stamps, Circuit Clerk and Ex-omci Recorder
that this instrument warms ' �kansas, do hereby certify
indicated her filed for record in my office as
Will the aeon an the same is nov duly recorded
in Record cokn'ledgement and certificate thereon
and Page as indicated thereon.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the seat of said Court on t
cated hereon he date indi-
Bett S mps
Cir ark Ex-of ciO Recorder
y
NAME OF FILE: Ordinance No. 4413
CROSS REFERENCE:
09/03/02 Ordinance No. 4413
Exhibit "A" Legal Description for RZN 02-21 .00 submitted by Dixie
2 Development on behalf of Fern Younkin Revocable Trust for property
located at 10 Bishop Drive and 35 Appleby Road.
3 Copy of Bill of Assurance from Dixie Development, Inc.
07/22/02 Planning Division Correspondence
5 07/22/02 Planning Commission Minutes (Pages 23-42)
08/20/02 Staff Review Form
09/06/02 Memo to Tim Conklin, Planning Division, . from Heather Woodruff, City
7 Clerk
NOTES :
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-21.00 FOR A PARCEL
CONTAINING APPROXIMATELY 17.39 ACRES LOCATED AT 10 BISHOP
DRIVE AND 35 APPLEBY ROAD, FAYETTEVILLE, ARKANSAS, AS
SUBMITTED BY DIXIE DEVELOPMENT ON BEHALF OF FERN
YOUNKIN REVOCABLE TRUST.
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:
From A-1 , Agricultural to R-O, Residential Office, as shown in Exhibit A
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 day of , 2002.
APPROVED:
By:�
PFS
DAN COODY, ayor
ATTEST:
By:
Heather Woodruff, City Clerk
EXHIBIT "A"
RZN 02-21.00
A PART OF THE SOUTH HALF (S '/2) OF THE NORTHWEST QUARTER (NW '/4) OF
THE NORTHWEST QUARTER (NW '/4) AND A PART OF THE SOUTHWEST
QUARTER (SW '/4) OF THE NORTHWEST QUARTER (NW '/4), ALL IN SECTION
THIRTY FIVE (35), TOWNSHIP SEVENTEEN ( 17) NORTH, RANGE THIRTY (30)
WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING
AT THE NORTHWEST CORNER OF THE SOUTH HALF (S '/2) OF SAID NORTHWEST
QUARTER (NW %4) OF THE NORTHWEST QUARTER (NW '/4), SAID POINT BEING
IN APPLEBY ROAD AND FROM WHICH AN EXISTING REFERENCE IRON AT THE
NORTHWEST CORNER OF LOT NUMBERED ONE (1), BLOCK NUMBERED ONE (1 )
OF QUAIL CREEK SUBDIVISION, PHASE 1 , TO THE CITY OF FAYETTEVILLE,
ARKANSAS, BEARS SO1017' 0415W 24.69 FEET; THENCE S88°40'42"E ALONG THE
NORTH LINE OF SAID SOUTH HALF (S '/2) OF SAID NORTHWEST QUARTER (NW
%4) OF THE NORTHWEST QUARTER (NW '/4) 383 .71 FEET TO A POINT FROM
WHICH A SET REFERENCE IRON BEARS SO1017' 04"W 23 .82 FEET; THENCE
LEAVING THE NORTH LINE OF SAID SOUTH HALF (S %2) OF SAID NORTHWEST
QUARTER (NW '/4) OF THE NORTHWEST QUARTER (NW '/4) SO1017504"W 316.46
FEET TO A SET IRON ON THE NORTH LINE OF NORTH HEIGHTS ADDITION TO
THE CITY OF FAYETTEVILLE, ARKANSAS; THENCE N88027'27"W 1 .47 FEET TO
AN EXISTING IRON AT THE NORTHWEST CORNER OF SAID NORTH HEIGHTS
ADDITION; THENCE SOI °34'03"W ALONG THE WEST LINE OF SAID NORTH
HEIGHTS ADDITION 101 .33 FEET TO A SET IRON; THENCE LEAVING THE WEST
LINE OF SAID NORTH HEIGHTS ADDITION N8804054255W 173 .03FEET; THENCE
SO1017'04"W 1562.58 FEET TO A POINT ON THE SOUTH LINE OF SAID
SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST QUARTER (NW '/4), SAID
POINT BEING IN DRAKE STREET AND FROM WHICH A REFERENCE IRON SET
ON THE NORTH RIGHT OF WAY LINE OF SAID STREET BEARS NO] ° 17'04"E 30.20
FEET; THENCE N88°34' 03"W 208.71 FEET TO THE SOUTHWEST CORNER OF SAID
IRON AT THE SOUTHEAST CORNER OF LOT NUMBERED THIRTY SEVEN (37), OF
FAYETTEVILLE, ARKANSS, BEARS NOl 01 T04"E 30.00 FEET; THENCE NOl ° 17'04"E
1979.97 FEET TO THE POINT OF BEGINNING, CONTAINING 11 . 162 ACRES MORE
OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. THE ABOVE
DESCRIBED 11 . 162 ACRE TRACT BEING SUBJECT TO THE RIGHT OF WAYS OF
APPLEBY ROAD ALONG THE ENTIRE NORTH BOUNDARY AND DRAKE STREET
ALONG THE ENTIRE SOUTH BOUNDARY.
ALSO,
A PART OF THE SOUTH HALF (S '/2) OF THE NORTHWEST QUARTER (NW 1/4) OF
THE NORTHWEST QUARTER (NW '/4) AND A PART OF THE SOUTHWEST
QUARTER (SW '/4) OF THE NORTHWEST QUARTER (NW '/4) ALL IN SECTION
THIRTY-FIVE (35), TOWNSHIP SEVENTEEN ( 17) NORTH, RANGE THIRTY (30)
WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING
9 •
AT THE NORTHWEST CORNER OF THE SOUTH HALF (S '/2) OF SAID NORTHWEST
QUARTER (NW 1/4) OF THE NORTHWEST QIUARTER (NW 1/4), SAID POINT BEING
IN APPLEBY ROAD AND FROM 3WHICH AN EXISTING REFERENCE IRON AT
THE NORTHWEST CORNER OF LOT NUMBERED ONE ( 1 ), BLOCK NUMBERED
ONE (1 ) OF QUAIL CREEK SUBDIVISION, PHASE I, TO THE CITY OF
FAYETTEVILLE, ARKANSAS, BEARS SO1017904"W 24.69 FEET; THENCE
S88040'42"E ALONG THE NORTH LINE OF SAID SOUTH HALF (S '/2) OF SAID
NORTHWEST QUARTER (NW'/4) OF THE NORTHWEST QUARTER (NW '/4) 383.71
FEET TO A POINT FROM WHICH A SET REFERENCE IRON BEARS SOI ° 17'04"W
23.82 FEET; THENCE LEAVING THE NORTH LINE OF SAID SOUTH HALF (S'/2) OF
SAID NORTHWEST QUARTER (NW '/4) OF THE NORTHWEST QUARTER (NW '/4)
S01017'04" 316.46 FEET TO A SET IRON ON THE NORTH LINE OF NORHT
HEIGHTS ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS; THENCE
N88027'27"W 1 .47 FEET TO AN EXISTING IRON AT THE NORTHWEST CORNER OF
SAID NORTH HEIGHTS ADDITION, THENCE SO1034'03"W ALONG THE WEST
LINE OF SAID NORTH HEIGHTS ADDITION 188.73 FEET TO AN EXISTING IRON
AT THE SOUTHWEST CORNER OF SAID NORTH HEIGHTS ADDITION; THENCE
S88027'27"E ALONG THE SOUTH LINE OF SAID NORTH HEIGHTS ADDITION 0.66
FEET TO AN EXISTING FENCE CORNER AT THE NORTHWEST CORNER OF LOT
NUMBERED TWENTY ONE (21 ), BLOCK NUMBERED FIVE (5) OF THE BISHOP
ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS; THENCE SOI ° 12'06"W
ALONG THE WEST LINE OF BLOCKS NUMBERED FIVE (5) AND ONE (1 ), OF SAID
BISHOP ADDITION TO A PONT ON THE SOUTH LINE OF SAID SOUTHWEST
QUARTER (SW '/4) OF THE NORTHWEST QUARTER (NW %4), SAID POINT BEING
IN DRAKE STREET AND FROM WHICH A REFERENCE IRON SET AT THE
SOUTHWEST CORNER OF LOT NUMBERED TWELVE ( 12), BLOCK NUMBERED
ONE ( 1 ), OF SAID BISHOP ADDITION BEARS NO1012106"E 30.36 FEET; THENCE
N88034'03"W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER (SW '/4)
OF THE NORTHWEST QUARTER (NW '/4) 174.75 FEET TO A POINT FROM WHICH
A REFERENCE IRON SET ON THE NORTH RIGHT OF WAY OF DRAKE STREET
BEARS NO1 ° 17'04"E 30.20 FEET; THENCE LEAVING THE SOUTH LINE OF SAID
SOUTHWEST QUARTER (SW %4) OF THE NORTHWEST QUARTER (NW '/4)
NO1017'04"E 1562.58 FEET TO A SET IRON; THENCE S88°40'42"E 173 .03 FEET TO
THE POINT OF BEGINNING, CONTAINING 6.229 ACRES, MORE OR LESS,
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED
. 6.229 ACRE TRACT BEING SUBJECT TO THE RIGHT OF WAYS OF APPLEBY
ROAD ALONG THE ENTIRE NORTH BOUNDARY AND DRAKE STREET ALONG
THE ENTIRE SOUTH BOUNDARY.
Aug 26 02 02 : 58p Dixie Development ( 501 ) 872 - 0714 p . l
4700 S. Thompson, 6101
Springdale, AR 72764
Phone: (479) 872-0707 Dixie Development,
Fax: (479) 872-0714
max
To: Tim Conklin From:
Pam Jones
Fax: Pages: '3 including cover
Phone: Date:
Re:
Rezoning Rill of Assurance CC-
11 Urgent O For. Review 0 Please Comment 11 Please Reply 0 Please Racy.Cie
X X
e Comments:
Tim,
We have added an item to . our Bill of Assurance. Look on line 4 . If you have any
questions or comments please contact me.
Thank you, looking forward to good things .
Best Regards,
Pam Jones
Flus 26 02 02 : 58p Dixie Development ( 501 ) 872 - 0714 p . 2
I; IF FAYETTEVILLE IST 4.79575
P - 2
BILL OF ASSURANCE
FOR THE CITY OF FAYETI-EVILVE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification,
the owner, developer, or buyer of this property, (hereinafter "Petitioner')
Di x' P ne"el "t- a Tn`' hereby voluntarily offers this
Bill of Assurance and enters into this binding agreement. and contract with the
City of Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to
enforce any and all of the terms of this Bill of Assurance in the Chancery/
Circuit Court of Washington County and agrees that If Petitioner or Petitioner's
heirs, assigns, or successors violate any term of this Bill of Assurance, substantial
irreparable damage justifying injunctive relief has been done to the citizens
and City of Fayetteville, Arkansas. The Petitioner acknowledges that the
Fayetteville Planning Commission and the Fayetteville City Council will
reasonable rely upon all of the terms and conditions within this Bill of .
Assurance in considering whether to approve Petitionets rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and
Petitioner's property shall be restricted as follows IF Petitioner Isrezoning is
approved by the Fayetteville City Council.
1. The use of Petitioners property shall be limited to
with the exception f the nor
' hon
North side , and 417 feet depth) , as long as the residential neighborhoods
adjoining the , _
property remain R-2 or less dense residential zoning .
2. Other restrictions including number and type of structures upon the
property are limited to
3. Specific activities will not be allowed upon petitioner's property
include
4. (Any other terms or conditions) peri t i nnpr agree « i lking
path in the setbacks and will screen property with a combination of
vegetation as screening and fencing where needed . Petitioner will build
a two lane road connecting Appleby and Drake , and connect Bishop to said
road . Petitioner will agree to dedicate sufficiant right of way to build
a collector streetbetween Appleby and Drake_
• RugY26 02 02 : 58p Dixie Development „ ( 501 ) 872 - 0714 p . 3
r • �
5. Petitioner specifically agrees that all such restrictions and terms shall
run with the land and bind all future owners unless and until specifically
released by Resolution of the Fayetteville City Council. This Bill of Assurance
shall be filed for record in the Washington County Circuit Clerk's Office after
Petitioner's rezoning is effective and shall be noted on any Final Plat or Large
Scale Development which includes some or all-of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and
conditions stated above, I, RRn Temp, as the
owner, developer or buyer (Petitioner) voluntarily offer all such assurances and
sign my name below.
Date Printed Name
15D ) 54ar-r - bie .
Address
–F-a c*th lle A ,dL 101 • }�
Signature
NOTARY OATH
STATE OF ARKANSAS }
COUNTY OF WASHINGTON )
And now on this the 144nday of 7f UQV-%+ . 2003 appearv%i
before me, _ sd4n 3 I $g o ) —J and
after being placed upon his/ her oath swore or affirmed that he/she agreed with
the terms of the above Bill of Assurance and XTARYPUR:LIC
is/her ame ab %p4e v
My Co sio:i Expires:
MARLA IC, WEBB
NOTARY PUBLIC - ARKANSAS
WASHINGTON COUNTY
My Commission Expires 1 .31-2010
Aug 14 02 04 : 04p Dixie Development ( 501 ) 872 - 0714
a _ P . 1
. . vv a1 cuvc • : '• arra w • rn • ci icy . � � c 1J , ' / J7 / J � r
ZAl02 - Z o�
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILtE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification,
the owner, developer, or buyer of this property, (hereinafter "Petitioner")
Dixie Devel nt Inc . hereby voluntarily offers this
Bill of Assurance and enters into this binding agreement. and contract with the
City of Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to
enforce any and all of the terms of this Bill of Assurance in the Chancery/
Circuit Court of Washington County and agrees that if Petitioner or Petitioner s
heirs, assigns, or successors violate any term of this Bill of Assurance, substantial
irreparable damage justifying injunctive relief has been dqne to the citizens
and City of Fayetttville, Arkansas. The Petitioner acknowledges that the
Fayetteville Planning Commission and the Fayetteville City Council will
reasonable rely upon all of the terms and conditions within this Bill of
Assurance in considering whether to approve Petitioners rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and
Petitioner's property shall be restricted as follows IF Petitioner's-rezoringis
approved by the Fayetteville City Council.
1 . The use of Petitioners property shall be limited to single-story
offices , with the exception of the north side of the
property ( 383 ' width and 417 ' depth ) as long as
surrounding property remains R-1 and R-2 .
2. Other restrictions including number and type of structures upon the
property are limited to
3. Specific activities will not be allowed upon petitioner's property
include
4. (Any other terms or conditions) petitioner agrees to build a
walking path in the setbacks and will screen property
with a combination of vegetation as screening and
fencing where needed.