HomeMy WebLinkAboutOrdinance 2342 RED
N77
ORDINANCE NO .
ALFirir; Ci. LN, Y is
AN ORDINANCE REZONING THAT PROPERTY IN THE CITYC15F' FAY�ETTE - • ,
VILLE , ARKANSAS , DESCRIBED IN REZONING PETITION R77 -171 BEING 6
A 50 -ACRE TRACT OF LAND LOCATED NORTH OF THE EAST/WEST PORTION
OF APPLEBY ROAD , EAST OF THE NORTH/SOUTH SECTION , AND WEST OF
THE 71 DRIVE -IN THEATER ; 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 - 17 described as follows :
TRACT 1 - The NE 1/ 4 , NW 1/ 4 and the N 1/2 , N 1/2 ,
SE 1/4 , NW 1/4 , all in Section 35 , T - 17-N , R- 30 -W ,
Washington County , Arkansas ; except the E 1/2 of
the South 235 feet thereof ; FROM A-11 AGRICULTURAL
DISTRICT , TO R- 21 MEDIUM DENSITY RESIDENTIAL
DISTRICT .
TRACT 2 - The E 1/2 of the South 235 feet of the
N 1/ 2 , N 1/2 , SE 1/ 4 , NW 1/ 4 , Section 35 , T- 17-N ,
R- 30-W , Washington County , Arkansas ; FROM A- 11
AGRICULTURAL DISTRICT , TO R- 0 , RESIDENTIAL OFFICE
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
necessary changes provided in Section 1 hereof ,
Section 3 . That all ordinances or parts thereof in con-
flict herewith are hereby repealed ,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 ..2. DAY OF
1977 .
APPROVED :
MAYOR
CERT1 s'ICATE JF RECORD
,� . State of Arkansas
��• City of Fayetteville SS
_ T
F, Darlene Westbrook, City Clerk and Ex-
` .CITY CLF, Officio recorder for the City of Fayetteville,
'•. do hereby certify that the annexed or fore
going is of record in my office ad the same
>�
r
appears In u �. .v b4 Book
934 40� at Page .4".1 - Witness my
hand and seal this _ 14day of
119 77 �"
Clerk and Ex-Officio Recorder
MICROFILMED
DATE 25
REEDY
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. • :.IoJ .. - tlztu tuil rtcGUr(u
BILL OF ASSURANCE i"i1 AUG - 5 Pp 2: 16
OF i+ASHii` GTON COUNTY. ARK
WADE BISHOP' AND PEGGY BISHOP
ALMA KOLLMEYE
CIRCUIT C
�.�
This declaration of a Bill of Assurance made this � day `
VJ of 1977 , by Wade Bishop and Peggy . Bishop , husband
and wife , owners of the following described real estate located
in the City of Fayetteville , Washington County , Arkansas , and
more particularly described as follows , to-wit :
The Northeast Quarter (NE / 4 ) , Northwest Quarter (NW/4 )
and the North Half (N/2 ) , North Half (N/2 ) , Southeast
Quarter (SE/ 4 ) , Northwest Quarter (NW/4 ) , all in Section
35 , Township 17 North , Range 30 West , Washington County ,
Arkansas ; ALSO , the East Half (E/ 2 ) of the South 235 feet
of the North Half (N/2 ) , North Half (N/2 ) , Southeast
Quarter ( SE/4 ) , Northwest Quarter (NW/ 4 ) , Section 35 ,
Township 17 North , Range 30 West , Washington County ,
WHEREAS , the aforesaid owners of the real property described
above have secured the approval of the Fayettebille City Board of
Directors to amend the Fayetteville zoning map to rezone the
above described property from A- 1 , Agricultural District , to R- 0 ,
Residential Office District and R- 2 , Medium Density Residential ; 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
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 . Q q (�Q
pA1GROF1I M o yK1g ® 94 Uq
DATE PI
R�t�
II .
That the maximum number of dwelling units per acre for any
residential development on said property shall be ten ( 10 ) dwelling
units .
WITNESS our hands this"�day of 1977 .
Wa Bis op
Peggy Bishop
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 , Wade Bishop and Peggy Bishop ,
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 . / 2
1 z
Witness my hand and seal as such Notary Public this � day
Of 1977 .
` ,.. .. . ., P;,•.: ,-N Notary Pudic
{ ,�z, -Cpmmission , Expires :
/q . . .1C>cp()
CERTIFICATE OF RECORD
iTATE Or nR,: •r
' ss.
Wrl:in-ton County I
I, Alma L. Kollmeycr, Circuit Clerk and Ex-Officio Record .r for
Washington county, do hereby certify that the annexe; -e ��
going in trument was filed for recc in my office on the 3 nay 1
of 191 �ata o'cicr.I: Qfvt, and th- sa. , :e is l/
duly recorded in kutcL cord I gLat pa„e_05,'
Witness my hand and seal this_day of �=#X 137f
TCFfiC KOCLMEYER
Circuit Clerk and
Fj f U2 : Ztio Record
By `�
Deputy Clerk
STATE of ARKANSAS
County of Washington
L �/'e-" '• –�/hhereby certify that I
am the Publisher of THE NO)"ITHWEST ARKANSAS TIMES, a daily
newspaper having a second class mailing privilege, and being not less than
four pages of five columns each, published at a fixed place of business and at
a fixed ( daily ) intervals continuously In the City of Fayetteville, County of
Washington, Arkansas for more than a period of twelve months, circulated
and distributed from an established place of business to subscribers and
readers generally of all classes in the City & County for a definite price for
each copy, or a fixed price per annum, which price was fixed at what is
considered the value of the publication, based upon the news value and
service value it contains, that at least fifty percent of the subscribers
OINKNC o. 341 thereto have paid cash for their subscriptions to the newspaper or its agents
AN pant\ ,xOR1I1A THAT
Ro^ERTP F: CIT4 OF or through recognized news dealers Over a period of at least six months ;
P A Y E T r E f L' TPEANsON and that the said news p g y percent
n ESI•RIBED IN REZONING PETITION paper publishes an average of more than fort
! T-IF, BEING .A W-ALRE TRACT news matter.
An'rANFkSr_% D LD"A "O ROItTX Bit Ttur
EBB
ROAD fMAS pogTTIRE eP APPI:EBI'
ROAD I. A of"- TinR' !aoxrRsaTTir I further certify that the legal notice hereto attached in the matter of
e I TF%•T1TL ANND
OF r
HIFTN ^9(F\TFR Al
- H! ZONVII DINTRIOr %(AP OF
% TIIFV' LF. ARRAV \S: L\T
PLRIAOSES. 41
r.--_-_-----___-_..._. _--D -/---
///A
- .....
11 r1 BY III BOARD
1NE"TORR of THE:
fx'fV OF
I rernwn.t;x,�,skyBNANSAS: was published In the regular daily issue of said newspaper for----- ...... ._...
9•n r T'Ne3eale ennr rlm.inrallon
d@I
- ' \'nl. m' ands ;roan nrooenv As.ted
tlrel insertiontive as follows : nx /� ' `^7
rtinRR a_ lormva: • /
The
he n t sand the da o1
rR , on the . .... - Y -- .___.._ 19.__---_1
NRly and Me
\^, RES, all in Section
rs. T17N, R-+o-ec W'a-rnneton coont:l. the second insertion on the -------------------- day of .. .. 19_..........
ArhanYat eClp[ fhe EK of the Sourh
333 fail thereof: PROM A-1.
AGRICULTURAL DISTRICT, T'D wx the third Insertion on the _..___ ----------- ... day of ____--_--__ 19------------
MEDIUN DENSITY RFSMENI
DI RTCT.
TRACT Ii Els of the south m and the fourth insertion on the ____-------.__.---- Clay o _----- 19-.__—_
feet of the k; N•3. S O NW I ^ •
lirl ...On x+. T.Io.N Rl(alk Wastfnplon
rAVAGIVIC URAL
FROM A_I
AGItICDAI.Tliff, DISTRICT TO R-0,
RlcamE2. not DPPIrE D13 F(.T. -- -
S,rrirm 3. That ra etevial map
of '.M Cllr of Fnnended t . 6a,)extent
ar sin t hereto;tia neres"ry lip
extent
end m the tt the rreaeesery to aeffedngel Sworn to and subscribed before me on this .___ ._---... day of .___.--._
and iolljenti nS the hereof ehaesaa
pm,v�eE in Section 1 hereof.
Gerlinn ]. That n11 rpvtoncAr sr-partshereby
rhelele In rnttnrt herre ith are haMp .._---_. ..............- --_--.----_------__.._
mxatrd.
Srin fi J. That and
ffartocisnre shall
be m toll force ane her,, h fmm and
user theSE time provtdM by law. ___�✓✓L-
vAsor la. tPraovED THIS r No Public
DAT or Sure. Ipr, .
APPROVED
Ernest E. ianrnsrer
ATTEST: XAYm3 My Commission Expires :
Darlene Westbrook
ITI- CLERK C '.
Fees for Printing 3-
Cost of Proof ___.----_--- 9-----------___.-_.-._
Total -.-----._-.-. {—..��...
