HomeMy WebLinkAbout32A-94 RESOLUTION•
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RESOLUTION NO. 32A-94
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A RESOLUTION GRANTING rHF. APPEALS OF THE
PLANNING COMMISSION'S PRELIMINARY PLAT
APPROVAL OF THE BARRINGTON PARKE SUBDIVISION.
AND GRANTING APPROVAL SUBJECT TO CERTAIN
MOD] Fl CATIONS.
WHEREAS, the Fayetteville Planning Commission approved the preliminary plat of the
Barrington Parke Subdivision an or about February 14, 1994 with certain requirements and;
WHEREAS, the Planning Commission's preliminary plat approval was appealed to the
Fayetteville City Council by Aldermen Kit Williams and Stephen Miller and;
WHEREAS, the City Council by majority vote agreed to hear said appeal and heard all
persons desiring to be heard on the question of whether the decision of the Planning Commission
was in error.
NOW THEREFORE, BE 11' RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the appeal of the Planning Commission's preliminary plat approval
of the Barrington Parke Subdivision is hereby granted and the decision of the Planning
Commission is hereby affirmed in part and modified in part as follows:
1. Said subdivision shall continue to include a neighborhood park
equipped and maintained by a property owners association located
in the approximate center of the subdivision and of the approximate
size of 2/3 of the an acre, as more accurately set forth on thc plat
diagram presented to the City Council and now in the possession
of the City Planning Division.
2. The developer shall purchase from Harley Brigham a contiguous
parcel of land of approximately 0.6 acres and deed such land to the
City as park land, as more accurately set forth on the plat diagram
presented to the City Council and now in the possession of the City
Planning Division.
3. The developer shall not be required to provide vehicular access to
Fox Hunter Road to the east of thc subdivision. Further, in order
to protect the trees thereon, the developer shall not be required to
construct sidewalks nor widen or upgrade said sections of Fox
Hunter Road along the east boundary of Lots 4-14. In addition,
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Resolution No. 32A-94
March 1. 1994
the developer voluntarily has agreed to include a protective
covenant in the deeds to those lots adjoining Fox Hunter Road to
the east protecting the trees along that section of Fox Hunter Road
and preventing development of any roadway or driveway from said
lots adjoining to that section of Fox Hunter Road.
4. The developer shall provide a concrete sidewalk along the north
boundary of Lot 14 for pedestrian and bicycle traffic from the
subdivision to the approximate 0.6 acre park land deeded to the
City as more accurately set forth on the plat diagram presented to
the City Council and now in the possession of the City Planning
Division.
5. The developer shall provide an entrance and exit nght-of-way from
the David Wilson property. near the South East corner and West
to the Stanherry property near the South West Corner as more
accurately set forth on the plat diagram presented to the City
Council and now in the possession of the City Planning Division.
6. The Planning Commission's decision to grant preliminary plat
approval is hereby affirmed subject to the above modifications and
all Planning Commission restrictions and/or requirements are also
affirmed so long as such are not in conflict with the modifications
set forth above.
Section 2. The aforementioned decision relied upon the representations of the
developer and the developer's plat diagram referenced above presented at the March 1, 1994
meeting of the City Council. Said plat diagram is to be retained by the City Planning Division
and is incorporated herein.
Section 3. The aforementioned decision also relied upon assurances by Harley
Brigham as follows:
1. Mr. Brigham agreed to sell the aforementioned approximate 0.6
acre (for park land) to the developer tier the amount of
$30.000.00.
2. Mr. Brigham agreed to grant to the City by deed approximately
1.000 feet of nature trail currently on his property commonly
known as Red Wolf Park.
Resolution No. 32A- 32A-94
March 1, 1994
PASSED AND APPROVED this 1st day of March 1994.
ATTEST:
By: Oitiaav,
Sherry Thomas, City Clerk
APPROVED:
By: ; �p e /4/ LvLv
Fred Hanna, Mayor
QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS:
RECORD
694 HUG 23 AF! 10 40
*AS.1It . :.,h CO LR
L °'11.4rYcr.
That Gold Star Ltd., a Partnership, for and in consideration
of the sum of One Dollar ($1.00) and other good and valuable
consideration paid us by Harley R. Brigham and Ruby J. Brigham,
husband and wife, do hereby grant, sell, and quit claim unto the
said Harley R. Brigham and Ruby J. Brigham, husband and wife, and
unto their heirs and assigns forever, the following described
lands, situate in the County of Washington and State of Arkansas,
to wit:
A part of the SW' of the SW' of Section 6, Township 16
North, Range 29 West, being more particularly described
as follows:
Beginning at a point that is located at a point East
533.8 feet and North 671.7 feet from the Southwest corner
of said Section 6; running thence N 1656'12" W 22.5 feet
to the South right-of-way of Fox Hunter Road; running
thence Easterly along said South right-of-way the
following N 87639'31" E 150.5 feet, S 77635'28" E 102.7
feet; thence leaving said right-of-way S 1656' E 62.12
feet; thence N 76659' W 38.46 feet; thence N 74°41' W
24.85 feet; thence N 66°50'30" W 24.94 feet; thence N
69618' W 74.71 feet; thence N 82°49' W 22.5 feet thence
N 86°39' W 26.3 feet; thence S 89°41'29" W 49.16 feet to
the point of beginning, containing 0.244 acres, more or
less, City of Fayetteville, Washington County, Arkansas.
Subject to an access and utility easement described as
beginning at a point on the South right-of-way line of
Fox Hunter Road that is East 533.8 feet, North 671.7
feet, N 1°56'12" W 22.5 feet and N 87639'31" E 62.0 feet
from the Southwest corner of said Section 6; thence along
said South right-of-way line N 87°39'31" E 27.1 feet;
thence leaving said South right-of-way line S 28°26' E
38.0 feet; thence N 69°18' W 9.2 feet; thence N 82649' W
22.5 feet; thence N 28626' W 29.9 feet to the point of
beginning.
TO HAVE AND TO HOLD the same unto the said Harley R. Brigham
and Ruby J. Brigham and their heirs and assigns forever, with all
the appurtenances thereto belonging.
IN WITNESS WHEREOF, the Grantor caused th' Qu tclaim Deed
to be signed in its name as of this c day of _, 1994.
STATE OF ARKANSAS
COUNTY OF WASHINGTON
hk
On this D day of
the undersigned, a Notary
aforesaid, duly commissioned
Arkansas, Harley R. Brigham
GOLD STAR LTD, A Partnership
By:
Harley R.QSrigham,
Rudy ?Ahem,4
artner
ACKNOWLEDGMENT
)
)
)
ss:
, 1994, came before
Pablic (within and for the County
and acting, the City of Fayetteville,
and Ruby J. Brigham, sole partners of
94051340
Page 2
QuitClaim Deed
Gold Star, Ltd. a partnership, as
Deed, and state that they had
consideration and purposes therein
IN WITNESS WHEREOF, I have
seal as such Notary Public this
1994.
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Art e t misd
red:
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the Grantors in the foregoing
executed the same for the
mentioned and set forth.
h nto set my
day of .
nd official
Notary u•lic
94051341
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QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS:
`'Lr•" Frr. RECORD
'99 AUG 23 ASI 10 4,
WASHlN6,;,N CU AR
A.KOLLMEYFR
That Gold Star Ltd., a Partnership, for and in consideration
of the sum of One Dollar ($1.00) and other good and valuable
consideration paid us by Harley R. Brigham and Ruby J. Brigham,
husband and wife, do hereby grant, sell, and quit claim unto the
said Harley R. Brigham and Ruby J. Brigham, husband and wife, and
unto their heirs and assigns forever, the following described
lands, situate in the County of Washington and State of Arkansas,
to wit:
A part of the SW1 of the SWC of Section 6, Township 16
North, Range 29 West, being more particularly described
as follows:
Beginning at a point located on the centerline of Fox
Hunter Road that is North 954.27 feet and East 178.18
feet from the Southwest corner of the SW's of the SW% of
said Section 6; running thence Southeasterly along the
centerline of said Fox Hunter Road the following: S
63°39'49" E 88.1 feet, S 44620'29" E 249.52 feet; thence
leaving said centerline S 1654'29" E 29.52 feet to the
South right-of-way of Fax Hunter Road; thence Easterly
along said South right-of-way the following: S 71°42'29"
E 48.8 feet, N 87°39'31" E 54.2 feet; thence leaving said
South right-of-way S 1°56'12" E 22.5 feet; thence S
89°39' W 24.2 feet; thence N 88°27'35" W 25.1 feet;
thence 81°18' W 25.4 feet; thence N 756 52' W 24.7 feet;
thence N 72°58' W 25.1 feet; thence N 52°27'52" W 98.62
feet; thence N 42°44' W 25.3 feet; thence N 37°30' W 24.9
feet; thence N 34°11' W 25.1 feet; thence N 36°16' W 25.1
feet; thence N 41°22' W 24.6 feet; thence N 44°55' W 25.1
feet; thence N 46°28' W 24.6 feet: thence S 86°09' W 29.8
feet to the East line of a 25 foot wide access road;
thence N 9°22'29" W 75.22 feet along the East line of
said access road to the point of beginning, containing
O .459 acres, more or less, City of Fayetteville,
Washington County, Arkansas.
Subject to an access road and utility easement that
begins at a point North 954.27 feet, East 178.18 feet and
S 9°22'29" E 36.92 feet from the Southwest corner of said
Section 6, running thence S 63°39'49" E 60.00 feet;
thence S 11°09'28" E 33.36 feet; thence N 44655' W 9.1
feet; thence N 46628' W 24.6 feet; thence S 86°09' W 29.8
feet; thence N 9°22'29" W 38.3 feet to the point of
beginning.
Also subject to a utility easement that begins
that is East 533.8 feet, North 671.7 feet and
24.2 feet from the Southwest corner of said
running thence N 88627'35" W 25.1 feet; N 4°
feet; thence N 87639'31" E 25.0 feet; thence
21.7 feet to the point of beginning.
at a point
S 89°39' W
Section 6;
26' W 20.0
S 426' E
TO HAVE AND TO HOLD the same unto the said Harley R. Brigham
and Ruby J. Brigham and their heirs and assigns forever, with all
the appurtenances thereto belonging.
IN WITNESS WHEREOF, the Grantor_ S caused tit's Q tclaim Deed
to be signed in its name as of this day of , 1994.
94051342
Page 2
QuitClaim Deed
GOLD STAR LTD, A Partnership
By:4 L/ J
Harley R.thrigham, Partner
By:
•
Ruby :righam,f'artner
JC1U10WI.EXOMIT
STATE OF ARKANSAS
ss:
COUNTY OF WASHINGTON
L.
On this '5 t' day of , 1994, came before
the undersigned, a Notary PSlblic within and for the County
aforesaid, duly commissioned and acting, the City of Fayetteville,
Arkansas, Harley R. Brigham and Ruby J. Brigham, sole partners of
Gold Star, Ltd. a partnership, as the Grantors in the foregoing
Deed, and state that they had executed the same for the
consideration and purposes therein mentioned and set forth.
IN WITNESS WHEREOF, I have he qunto set my nd nd official
seal as such Notary Public this �C� day of _ ,
1994.
'We mmisS•i `exx-pires:
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It
AVaLIC•7rs
7 A .
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Ate
otar P,1ic
94051343
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WARRANTY DEED
KNOW ALL KEN BY THESE PRESENTS:
` rr'*.'RECORD
'99 RUG 23 Ai 110 51
WAShlt.6,.,h GO AR
A.KOLLME"ER
That Harley R. Brigham and Ruby J. Brigham, hereinafter called
Grantor, for and in consideration of the sum of One Dollar ($1.00)
and other good and valuable consideration paid by the City of
Fayetteville, a municipal corporation, the receipt of which is
hereby acknowledged, do hereby grant, bargain, sell and convey unto
the City of Fayetteville, a municipal corporation, hereinafter
called Grantee, unto its assigns forever, the following lands,
laying in Washington County, Arkansas, to -wit:
A part of the SW4 of the SW4 of Section 6, Township 16
North, Range 29 West, being more particularly described
as follows:
Beginning at a point that is located at a point East
533.8 feet and North 671.7 feet from the Southwest corner
of said Section 6; running thence N 1°56'12" W 22.5 feet
to the South right-of-way of Fox Hunter Road; running
thence Easterly along said South richt-of-way the
following N 87°39'31" E 150.5 feet, S 77 35'28" E 102.7
feet; thence leaving said right-of-way S 1°56' E 62.12
feet; thence N 76°59' W 38.46 feet; thence N 74°41' W
24.85 feet; thence N 66°50'30" W 24.94 feet; thence N
69°18' W 74.71 feet; thence N 82°49' W 22.5 feet thence
N 86°39' W 26.3 feet; thence S 89°41'29" W 49.16 feet to
the point of beginning, containing 0.244 acres, more or
less, City of Fayetteville, Washington County, Arkansas.
Subject to an access and utility easement described as
beginning at a point on the South right-of-way line of
Fox Hunter Road that is East 533.8 feet, North 671.7
feet, N 1°56'12" W 22.5 feet and N 87°39'31" E 62.0 feet
from the Southwest corner of said Section 6; thence along
said South right-of-way line N 87°39'31" E 27.1 feet;
thence leaving said South right-of-way line S 28°26' E
38.0 feet; thence N 69°18' W 9.2 feet; thence N 82°49' W
22.5 feet; thence N 28°26' W 29.9 feet to the point of
beginning.
Said lands shall be used as a nature park only and shall bear
the official name "Red Wolf Park".
The existing 8 foot wide nature trail located within Red Wolf
Park shall bear the official name "The Grace Bird Spear Nature
Trail", such trails shall be restricted to pedestrian use only
(with the exception of trail maintenance vehicles).
All plant life with in the boundaries of Red Wolf Park shall
be fully protected. The following exceptions shall apply: plants
considered to be obnoxious may be removed, and plants within the
designated easements may be removed when such removal is required
for the installation of utility lines.
TO HAVE AND TO HOLD said land to said Grantee, unto it's
assigns forever; with all appurtenances thereunto belonging.
AND, WE, for and in consideration of the said sum of money, do
hereby release and relinquish unto the said grantees all my right
of Dower and Homestead in and to said lands.
WITNESS our hands and seals on this th day of
1994.
94051349
Page 2
Warranty Deed
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Harley R.righam V
Aotaw
ACKNOWLEDWENT
STATE OF ARKANSAS )
)ss:
COUNTY OF WASHINGTON)
BE IT REMEMBERED, That on this day came before me, the
undersigned, a Notary Public within and for the County aforesaid,
duly commissioned and acting, Harley R. Brigham and Ruby J.
Brigham, to me well known to be the Grantor in the foregoing Deed,
and stated that they had executed the same for the consideration
and purposes therein mentioned and set forth.
.JgITNESS WHEREOF my hand and seal as such Notary Public
this day of , 1994.
PQ, OOu
3 - .. . _ �
'•.,, f ' •••• moi'
0.
..Nryv n..n ppH%
�.Z -
Notafy Publ
94051345
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WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS:
c• '; rRECORD
'94 AUG 23 Aft 10 5$
1fiAS4ING JN CC AR
A. KCLI SIEVEa
That Harley R. Brigham and Ruby J. Brigham, hereinafter called
Grantor, for and in consideration of the sum of One Dollar ($1.00)
and other good and valuable consideration paid by the City of
Fayetteville, a municipal corporation, the receipt of which is
hereby acknowledged, do hereby grant, bargain, sell and convey unto
the City of Fayetteville, a municipal corporation, hereinafter
called Grantee, unto its assigns forever, the following lands,
lying in Washington County, Arkansas, to -wit:
A part of the SW1 of the SW'4 of Section 6, Township 16
North, Range 29 West, being more particularly described
as follows:
Beginning at a point located on the centerline of Fox
Hunter Road that is North 954.27 feet and East 178.18
feet from the Southwest corner of the SW\ of the SW1 of
said Section 6; running thence Southeasterly along the
centerline of said Fox Hunter Road the following: S
63°39'49" E 88.1 feet, S 44°20'29" E 249.52 feet; thence
leaving said centerline S 1°54'29" E 29.52 feet to the
South right-of-way of Fox Hunter Road; thence Easterly
along said South right-of-way the following: S 71°42'29"
E 48.8 feet, N 87°39'31" E 54.2 feet; thence leaving said
South right-of-way S 1°56'12" E 22.5 feet; thence S
89°39' W 24.2 feet; thence N 88`27'35" W 25.1 feet;
thence 81°18' W 25.4 feet; thence N 75° 52' W 24.7 feet;
thence N 72°58' W 25.1 feet; thence N 52°27'52" W 98.62
feet; thence N 42`44' W 25.3 feet; thence N 37°30' W 24.9
feet; thence N 34°11' W 25.1 feet; thence N 36°16' W 25.1
feet; thence N 41°22' W 24.6 feet; thence N 44°55' W 25.1
feet; thence N 46°28' W 24.6 feet: thence S 86°09' W 29.8
feet to the East line of a 25 foot wide access road;
thence N 9°22'29" W 75.22 feet along the East line of
said access road to the point of beginning, containing
O .459 acres, more or less, City of Fayetteville,
Washington County, Arkansas.
Subject to an access road and utility easement that
begins at a point North 954.27 feet, East 178.18 feet and
S 9°22'29" E 36.92 feet from the Southwest corner of said
Section 6, running thence S 63°39'49" E 60.00 feet;
thence S 11°09'28" E 33.36 feet; thence N 44°55' W 9.1
feet; thence N 46°28' W 24.6 feet; thence S 86°09' W 29.8
feet; thence N 9°22'29" W 38.3 feet to the point of
beginning.
Also subject to a utility easement that begins
that is East 533.8 feet, North 671.7 feet and
24.2 feet from the Southwest corner of said
running thence N 88427'35" W 25.1 feet; N 4°
feet; thence N 87°39'31" E 25.0 feet; thence
21.7 feet to the point of beginning.
at a point
S 89°39' W
Section 6;
26' W 20.0
S 4°26' E
Said lands shall be used as a nature park only and shall bear
the official name "Red Wolf Park".
The existing 8 foot wide nature trail located within Red Wolf
Park shall bear the official name "The Grace Bird Spear Nature
Trail", such trails shall be restricted to pedestrian use only
(with the exception of trail maintenance vehicles).
All plant life with in the boundaries of Red Wolf Park shall
be fully protected. The following exceptions shall apply: plants
considered to be obnoxious may be removed, and plants within the
94051346
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Page 2
Warranty Deed
designated easements may be removed when such removal is required
for the installation of utility lines.
TO HAVE AND TO HOLD said land to said Grantee, unto it's
assigns forever; with all appurtenances thereunto belonging.
AND, WE, for and in consideration of the said sun of money, do
hereby release and relinquish unto the said grantees all my right
of Dower and Homestead in and to said lands.
+n
WITNESS our hands and seals on this e!„ day of
1994.
�.a. .
Harley R. righam
bC_NNOWLE-QGEMENT
STATE OF ARKANSAS
)ss:
COUNTY OF WASHINGTON
BE IT REMEMBERED, That on this day came before me, the
undersigned, a Notary Public within and for the County aforesaid,
duly commissioned and acting, Harley R. Brigham and Ruby J.
Brigham, to me well known to be the Grantor in the foregoing Deed,
and stated that they had executed the same for the consideration
and purposes therein mentioned and set forth.
I FATNESS WH F, y hand and seal as such Notary Public
this day of , 1994.
Nota
i
Publ lc o� �y� C/
94051397