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Home My WebLink AboutOrdinance 2339 dLb 17 G;t 9. 38 ORDINANCE N0 . J? gel 1 /" $liii u i ARK ALMA f ;OLLNEYEP C1PCWT CLEPK (// AN ORDINANCE REZONING THAT PROPERTY IN THE CITY OF FAYETTE- VILLE , ARKANSAS , DESCRIBED IN REZONING PETITION R77 - 111 BEING A 21 . 7-ACRE TRACT OF LAND LOCATED ON THE SOUTH SIDE OF HIGHWAY 16 WEST APPROXIMATELY 1000 ' WEST OF HIGHWAY 71 ; AMENDING THE ZONING DISTRICT MAP OF FAYETTEVILLE , ARKANSAS ; AND FOR OTHER PURPOSES . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the zone classification of the following described property be , and is hereby changed as follows : PETITION NO . R77 - 11 described as follows : TRACT I - A part of the SW 1/4 , Section 7 , and a part of the NW 1/ 4 , Section 18 , T - 16-N , R- 30 -W , County of Washington , State of Arkansas , being more particularly described as follows : Beginning at a point 1763 . 11 feet East of the Southwest cor- ner of Sec . 7 , T - 16-N , R- 30-W ; thence North 89014100 " East 171 . 70 feet ; thence North 01031 ' 00 " West 2120 . 32 feet , for a POINT OF BEGINNING ; thence running North O1 ° 31 ' 00 " West 16 . 30 feet ; thence North 20013130 " West 535 . 19 feet ; thence North 89014 ' 00 " East 501 . 70 feet ; thence South 01031 ' 00 " East 520 . 98 feet ; thence West 330 . 00 feet , more or less to the point of be - ginning ; FROM A- 1 , AGRICULTURAL DISTRICT , TO R-O , RESIDENTIAL OFFICE DISTRICT . TRACT II - A part of the SW 1/ 4 , Section 7 , and a part of the NW 1/4 , Section 18 , T - 16 -N , R- 30 -W , County of Washington , State of Arkansas , being more particularly described as follows : Beginning at a point 1763 . 11 feet East of the Southwest corner of Section 7 , T - 16 -N , R- 30-W ; thence North 89014100 " East 171 . 70 feet ; thence North 01131 ' 00 " West 2120 . 32 feet ; thence East 330 feet ; thence South O1031 ' 00 " East 2180 . 32 feet ; thence South 89 ° 14 ' 00 " West 501 . 70 feet ; thence North 01 ° 31 ' 00 " West 60 . 00 feet to the point of beginning ; FROM A-11 AGRICUL- TURAL DISTRICT , TO R- 21 MEDIUM DENSITY RESIDENTIAL DISTRICT . Section 2 . That the official zoning map of the City of Fayetteville , Arkansas , be and is hereby amended to the extent and in the respects necessary to effect and designate the neces - sary changes provided in Section 1 hereof . Section 3 . That all ordinances or parts thereof in conflict herewith are hereby repealed . Section 4 . That this ordinance shall be in full force and effect from and after the time provided by law . PASSED AND APPROVED THIS DAY OF , ' APPROVED : oU g x,60 AT9EST ':.. �r t • , �l„✓✓ %!Zf/•� if/' / '� r � ' • �i�Y �t.FJ ' IgIT C ERR MAYOR DATEMICRI� 1 7 1978 DATE REEL - CERTIFICATE OF RECORII� State of Arkansas City of Fayetteville ( So I, Suzanne C. Kennedy, Cit J Clerk and Ex-Officio recorder for the City of Fayetteville, do hereby certify that the annexed or fore- Scia;{ is of rea:cd in my office ar.rl the same ap- pears in Ordinn .:ce ` Reselatioa book kv; :ess my hand an :1 of ay City C:er:c. a:.< < _ - - - CERTIFICATE STATE OF ARKANSAS ) CITY OF FAYETTEVILLE ) I . DARLENE WESTBROOK, City Clerk within and for the City of Fayetteville , Arkansas , do hereby certify that the annexed and foregoing is a true and correct copy of the Fayetteville , Arkansas , ordtlla,& a e_ �2 339 therein set forth , and the same is as it appears of Record in �p O B Jr Volume at Page x;; � o thereof . i IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this IC day of 3.77 Li S EFA CITY CLERK - s CERTIFICATE OF RECORD DATE OF ARKANSAS j WaSt4VOn County I SS. I, Amen L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for 91(OWRi len County, do hereby certify that the annexed or fore- going ' rument was filed for recor i�my office on th� y —F— cock a d theseme Is Duty rec ed in . �CQ�Q..c��record at page O Witness my hand and seal this(day Of 1927 Ckcwt er an Ex-Officio Recorded By Deputy Clark hLLU tLUKU 1911 SEP - 2 V 9: 55 BILL OF ASSURANCE OF ';YA� HCdG : O.i COUfdTY. ARK RUSSELL P . JACK XND E . LORENE JACK �`L CL 11 GUK0I . `'7 LLERKR This declaration of a Bill of Assurance made this 10day of „ , 1977 , by Russell P . Jack and E . Lorene Jack , hus- band and wife , owners of the following described real estate lo- cated in the City of Fayetteville , Washington County , Arkansas , and more particularly described as follows , to-wit : A part of the Southwest Quarter ( SW/4 ) , Section Seven ( 7 ) , and a part of the Northwest Quarter (NW/4 ) , Section Eighteen ( 18 ) , Township Sixteen ( 16 ) North , Range Thirty ( 30 ) West , County of Washington , State of Arkansas , being more partiuclarly described as follows : Beginning at a point 1763 . 11 feet East of the Southwest corner of Section 7 , Township 16 North , Range 30 West ; thence North 89 ° 15 ' 00 " East 171 . 70 feet ; thence North 01031 ' 00 " West 2120 . 32 feet , for a point of beginning ; thence running North 01031 ' 00 " West 16 . 30 feet ; thence North 20 ° 13 ' 30 " West 535 . 19 feet ; thence North 89014 ' 00 " East 501 . 70 feet ; thence South 01 ° 31 ' 00 " East 520 . 98 feet ; thence West 330 . 00 feet , more or less , to the point of beginning . ALSO , a part of the Southwest Quarter ( SW/4 ) , Section 7 , and a part of the Northwest Quarter (NW/ 4 ) , Section 18 , Township 16 North , Range 30 West , County of Washington , State of Arkansas , being more particularly described as follows : Beginning at a point 1763 . 11 feet East of the Southwest corner of Section 7 , Township 16 North , Range 30 West ; thence North 89014 ' 00 " East 171 . 70 feet ; thence North 01031 ' 00 " West 2120 . 32 feet ; thence East 330 feet ; thence South 01031 ' 00 " East 2180 . 32 feet ; thence South 89 ° 14 ' 00 " West 501 . 70 feet ; thence North 01031 ' 00 " West 60 . 00 feet to the point of beginning . WHEREAS , the aforesaid owners of the real property described above have secured the approval of the Fayetteville City Board of Directors to 'amend the Fayetteville zoning map to rezone the above described property from A- 1 , Agricultural District , to R- 01 Residential Office District and to R- 2 , Medium Denisty Residential District ; and WHEREAS , the owners have promised and agreed to subject the development of said real estate pursuant to certain covenants and restrictions pertaining to same ; and WHEREAS , the owners are desirous of making a declaration of the same in the form of this Bill of Assurance with the intention of guaranteeing the preservation of certain values and amenities in the community and to bind themselves , their heirs , successors and assigns and the aforedescribed real estate and its subsequent MICROFILMED ® 941. 901 DATE APR 2 0 1979 REEL 15; 1 BILL OF ASSURANCE Page 2 owners with the obligations and restrictions hereinafter set forth for all present and future development and use of said property , NOW , THEREFORE , the owners declare that the above described real property shall be held , developed , transferred , sold , conveyed and occupied subject to the covenant and restriction herein set forth : I . That no construction or development shall be had on said property until city sewer or sewage facilities are provided or obtained . WITNESS our hands this day of 6r , 1977 . Russell P . Jack . . E _ ofao� .� E . Lorene Jacc ACKNOWLEDGMENT STATE OF ARKANSAS ) ) SS COUNTY OF WASHINGTON ) BE IT REMEMBERED , that on this day came before the undersigned , a Notary Public , duly qualified , commissioned and acting within and for the aforesaid County and State , Russell P . Jack and E . Lorene Jack , husband and wife , personally known to me to be the persons executing the foregoing Bill of Assurance , and stated that they had executed same for the consideration and purposes therein mentioned and set forth . Witness my hand and seal as such y Public this�Llajl of June , 1977 . 7 . 1 r..,�10• Y. Notar Pu is o,. ".• ;?�, My Commission Expires : "} .• y '0 • <>, N ; - 7 1LRTiFICATE OF RcCOKU ST577 rF ARKANSAS ) „ _ WashmCton County ) SS. I, Alma L. Kollmeyer, Circuit Cler:; and Ex-Officio Record �r fog Washington County, do hereby certify that iha ann .xed or fore- going irgrument was filed for re S4� in my office on the D day of 197a d IcckA L4, and thesame is duly recorded in record at page VI. nu{y l�QQ �nuAp Witness my hand and seal this�day of 19� t7 j,�„ 99fv 4--day ROMEYER Circuit Clerk and Ex•Offic Recorded ayG. Deputy Clerk LAW OFFICES OF TELEPHONE (501) 521-5510 NIBLOCK AND ODOM WALTER R. NIBLOCK BOBBY ODOM RONALD M. MCCANN DRAWER 818, 20 EAST MOUNTAIN STREET RICHARD P. OSBORNE FAYETTEVILLE, ARKANSAS 72701 June 7 , 1977 Mr . Don Grimes Office of the City Manager Fayetteville , AR 72701 Re : Rezoning Petition R77 - 11 Dear Mr . Grimes : On behalf of my clients , Russel P . Jack and his wife , E.. ' Lorene Jack , please be advised that Mr . and. Mrs . Jack are very willing to cause to be filed of record the Bill of Assurances wherein they covenant that the land to be rezoned will not be developed until sanitary sewer is available . Re c fully , ger R iblock WRN/mis MICROFILMED DATE APR 2 0 1979 REEL_S�L1_ STATE of ARKANSAS 88. COD¢ty of Washington _— ORDINANCE NO. 23311 0"y/i'r M J AN ORDINANCE HETONNG ,TMT 1, , hereby certify that I PROPERTY IN THE CITY - OF am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily FAY-ETTEFILLE . -�MdNBAS. DMRIBED IN RWONiNOiaTITfON newspaper having a second class mailing privilege, and being not lees than R% LAND LOCATED ON THE 40U, BEING A 21.7-ACRE THMT 4W LAfour pages of five columns each, published at a fixed place of business and at BAH OF HIGHWAY 16 RBST" AP. a fixed ( dally ) Intervals continuously In the City Of Fayetteville, County of � PROXIMATELY TELot ATENDINO 1000WEST -MEWashin gton, Arkansas for more than a period o1 twelve months, circulated HONING DISTRICT SLAP OF F'AYEf- i and distributed from an established place of business to subscribers and TEYNJE. ARKANSAS; AND FOR OTHER PURPOSES, readers generally of all classes in the City & County for a definite price for BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE each copy, or a fixed price per annum, which price was fixed at what is CITY OF FAYEPTEVILLE. ARKANSAS, considered the value of the publication, based upon the hews value and Th at cedniriatjOf the 15000WIgrboayneservice value it contains, that at least fifty percent of the subscribers ava b hereby rharsed as fonows: thereto have paid cash for their subscriptions to the newspaper or its agents PETITION NO. R TL11 described as rouowa: or through recognized news dealers over a period of at least six months ; THACr I—A put of the SwI,, Sation L sad a Part of the NW', . Section and that the said newspaper publishes an average of more than forty percent 18. T-16N, H.3riw, Counly of news metier. Washivaton slate of Arirdaarcescribed as , Min¢ Het aing at nrlpoat 170 .11 feetBEa.l I further certify that the legal notice hereto attached in the matter of the Somhwest earner of Sec. T- i T-16-h'. R90-w: thence Notth 691 dir171 1) s 14 minutes to cecand• F.nsi ' ��` . �� 171 1) •en4 b note A R.Y/ was published In the regular daily issue of said newspaper for-__-----L._.__. ..-. asnsecutive insertion)fas follows ::/ �(n/ J�' `--'- '-77 '�77 feet!st The first Insertion on the Iva day of V -. 19_LJ.. P lass "� urs l he.i ... DN ON A1, VAC nvlug. the second insertion on the __... __ day of _____... 19___..._... ISTRICIr TO Ra, tRl OFFICE, DFSTRICT. TPICT `r t � ,,,. ��u{ the third insertion on the ----- _. . ... _ day of .. ___................... 19__._.__.__ it or' emK and the fourth insertion on the ......__. .._ Clay of _..................... . .. 19-------_--- eIN , 9 -,^ a Sworn to and subscribed before me on this - _do--_ day o1 ...._____--- e9 ' p .rrst ' .....------"---'--- Lr'-----. 19...� — AFS�DEMTIee, nFDllt DENSITY tHu „ feet , r o A-1, Ir.RICI,LT[ RAI. UIS CHICT T It-]. nlsTAtcT No P¢bllc s. V eqt -yet Commission Expires : gees I11 corf e I:et . - hi vpealed. Sactbu N. That this be in fun form anti ei. .. l the afVASSEDOA DnAPPROVED THIS a d t.r 1,,,, Fees for Printing DAY OF Jove, HOL APPROVED. Cost Of Proof _-_......... Fene9t E. ROVEiD. j-----.-----_...._.__.._._ MAYOR Total