HomeMy WebLinkAboutOrdinance 2359 ORDINANCE NOAUG -5 PN 2.' ! G
VIA SfiIiJO 1 uiJ COU ry AF'K
AN ORDINANCE REZONING THAT PROPERTY IN THE CITY 46 V WE 7EP
VILLE , ARKANSAS , DESCRIBED IN REZONING PETITION R77 - 23q! lQN I N '
1 . 63 ACRE TRACT OF LAND LOCATED ON THE WEST SIDE OF OLD MISSOURI
ROAD BETWEEN ROLLING HILLS DRIVE AND OLD WIRE ROAD ; AMENDING
THE ZONING DISTRICT MAP OF FAYETTEVILLE , ARKANSAS ; AND FOR
!� OTHER PURPOSES .
V
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 :
R77 - 23 described as follows :
Part of Lots 9 and 10 , Block 5 of Replat of Lots 7 , 81 9
and 10 , Block 5 , Oaks Manor Subdivision to the City of
Fayetteville , Arkansas , more particuarly described as follows ,
to-wit : Beginning at the Southeast corner of said Lot 10 ,
Block 5 , thence N 64 ° 50 . 2 ' W , 425 . 54 feet ; thence N 380
9 . 8 ' E , 342 . 21 feet ; to the West right of way line of Old
Missouri Road ; thence S 21 ° 5 . 24 ' E , 482 . 46 feet to the point
of beginning , containing 1 . 63 acres , more or less .
From R- 1 , Low Density Residential District , to R- 0 , Residental
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flict herewith are hereby repealed .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' Zj DAY OF ,
1977 .
APPROVED :
,.ft A /'j A` MAYOR
/N4%TTtST : �!
CEItTIFICATFA OF. RECORQ
i t7 7TC.t e A A" e T
, ',. CITY. . CLERK Statd of Arkansas ^;. � S$ •_:, ..
City of Fayettecilld
I, Darlene Westbrook, City Clerk and Es-
Officio recorder for the City of Fayetteville,
do hereby certify that the annexed or fore-
going is of record in my office and the same
appears r 1AgZhr' A t ?8!0/o•Eahbook
at page Witness my
hand and
{seal thisa day of
'City Clerk and Ex-Officio Recorder
hAiCR�t DATEOF �t 1918 9C
t�
R --
CERTIFICATE OF RECORD
"- OF ARKANSAS I
V9:rvhin inn County ISS.
I, A'-aa L. Kollmeyer, Circuit Clerk and Ex-Officio Recordar for
Washington County, do hereby certify that the annexed r fore.
going i ent was filed for record in my office on the day
oftrum19'Lata f •clock Rd, and the same is
duly recorded in _CL record 9 345 at pa8.15F
Witness my hand and seal thisY—day of C _ 1922
XLM)C roami
Circuit Clerk and
,. 9-Officio ord
BY
Deputy Clerk
FILED
BILL OF ASSURANCE ;= r, R RECORD
OF
NEAL ALBRIGHT AND O ELYN ALBRIGH`P77 SEP 23 U 9 . 4I
INAggN .;,4S4' 1 COUNTY
This declaration of a Bill of Assurance made this / R'�y SAS
--Z;V 61EYER
of '1977 , by Neal Albright and Evelyn AjfflqVt;LERK
husband and wife , owners of the following described real estate
V located in the City of Fayetteville , Washington County , Arkansas ,
and more particularly described as follows , to-wit :
Part of Lots 9 and 7.0 , Block 5 of Replat of Lots 7 , 8
9 , and 10 , Block 5 , Oaks Manor Subdivision to the City
of Fayetteville , Arkansas , more particularly described
as follows , to-wit : Beginning at the Southeast corner
of said Lot ;M, Block 5 , thence N 640 50 . 2 ' W 425 . 54 feet ,
thence N 190 48 ' 54" E 25 . 00 feet , thence S 700 11 . 1 ' E
8 . 29 feet , thence N 380 09 . 8 ' E . 316 . 07 feet to the west
right of way line of Old Missouri Road , thence S 210 05 . 24 '
E 482 . 46 feet along said right of way 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 fran R- 1, Low Density Residential . District ,
to R-0 , Residential Office 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 cormunity 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 development of the aforesaid property shall be restricted
to single family residences and/or a professional office building .
MICROW ® 535 610
DAiE �R ,9 1 1979
REEL \9 �1
.2_
WITNESS our hands this day of , 1977 .
w/
Neil Albright
Evelyn Albs*' ght
ACKNOWLEDGEMENT`
STATE OF ARKANSAS )
SS
COUNTY OF WASHINGTON )
BE IT FR04BERID3 that on this day came before the undersigned ,
a Notary Public , duly qualified, commissioned and acting within and
for the aforesaid County and State , Neal Albright and EvelM Albright ,
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 . n
Witness my hand and seal as such Notary Public this day
o 1977 •
Notary Public
o w ,otmiission Expires :
936 61i
CERTIFICATE OF RE RD
STATE OF ARK SAS ] '
Washington Cow • ] SS.
I, Alma L K.-J:n;e. - - - •ti. C'Er • ..f Ex-O.`fico Recordar .for.
WashinZton C nty, ,. .he r
- ore
;wing ingu : q: w: ur, in Tv r!:% e c i '.he day - . . .
of
e is
duly recs;Jzo in
-_ . -cc u ._-�
iNltness my hand an, sem,., ., _da I g_
Circuit Cler nd
- Ex•Officio Reco ed -
S{�,, VY
t)nouty Olaf"
CERTIFICATE OF RECORD
. I'ATE OF ARKANSAS ] '
Washington County ] SS. _
r
I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder foi
Washington County, do hereby certify that the annexed or fore t
going instr ent was filed for record in my office on thea3day
or-- i �" 1F''Zat�'clock /4M, and the same is
duly recordedin— A�t Aaa record 4 314 at page 6/0
witness my hand and seal thia?bday of 1927
OIDJQC KOLLMEYER
Circuit Clerk and
Ex-Officio Recor ed
ey —
De Jerk
STATE of ARKANSAS
SS.
County of WashingtonU
1, ryy.� 1 e _. ___ _ , hereby certify that l
am the Publisher of THE NOR HWEST 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 (dally) 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
thereto have paid cash for their subscriptions to the newspaper or its agents
or through recognized news dealers over a period of at least six months ;
and that the said newspaper publishes an average of more than forty percent
ORDIN 4Nr4 NO ala news matter.
AN rtHDONlACE REZONING 'PRAT
rnOFLan IN ME CITY OF I further certify that the legal notice hereto attached in the matter of
' F A T ETT L VILLE , ARKANSAS,
DESCRIBED IN REZONING PETITION
Kilda BEING A jj.G ACRE TRACT
OF LAND LOCATED ON THE WEST
SIDE OF OLD IRSSODAI ROAD (, �)
Rra'wt:EN ROLLING HILLS DRIVE –` -`--- \ m-`--'- -- .------.._-
AST OLD RISE ROAD: AMEADM
' THF: ZONING DISTRICT MAP OF
FANETTF.VILLE. ARKANSAS; AND was published in the regular dally issue of said newspaper for..-----. -_--._
POR OTNFR PURPOSES. consecutive Insertions as follows :
RE IT ORDAINED BY THE BOARD
OF DIRECTORS OF THE OrrY or
FAYETTEVILLE, ARKANSAS: The fire[ Insertion on the __...
Seml..on 1. That the nY1e riewufealian __-- day Of ._.. - -..---.,,.,�.'(�/.��(t --. 11.. 1 ..
of Ina fnlbwinx described pRpert' M. V -
and it heron> Changed as follows:
B- a described as tallow's: the second insertion on the ---------- day of _._.--____._-------- 19----- .
fart of Ints 9 and W. Bbcit g Of
tteplat of late i, g. 9 saw W. RMek
s, oaks Alenor smahvislos m. rho Cas' the third insertion on the -- -------- _ day of ------------------ 19----_
of Fayettwille, Arkansas, mote par•
houlariv de.Crired am follows wwit:
Beginning at the Southeast corner of and the fourth insertion on the __. ---------- day of ..---------------- 19___.
,;.in In: 19, BMCk 5_ Meese N M
negraea 50S esmYera IS, e1LU fast;
then" N W degrees 9.9 minutes E.
342.21 hn: to the wens right of way
line of Old MiaaOYri Road: Maros "'—
S n ieare" 5." minutes E, eggK
feet M the point of heglnal". "n-
ouring 1.63 neres, mote Or legis. ib
Sworn to and subscribed before me on this `.�
FEarn Rda law density RsedeMnf ' __._.----- day Ot __---_.
ULmrics, b RA RwideaDag Of ee
District.
Section 1. TAY the eAErial re _
A,ltauas, M sod Y eby aeb (rnandel ------------------- —_-_ 1S....�
to Use offs iia 16 tAa r"* " �
story c eRwS and ii2rd e Si ria I
sen mayea pmwtded n wring 3 �Z
Period- ----- -�`—' "- - - ------- --
section 1. That am ordtMRC" for pans ' N Public
therwsf in eoMliet hemwlM sm hombv
mMaIM.
Se,^v.n t. That MM ord,nante shall
be in all Ane and .Inst ism n ens My Commission Expires :
after the time providM In law.
PASSED AND APPROVED TRIS M 1
DAY OF July_ IY,N. _ _ _ / q
APPROA RD: –.aGF-F-.?l4ei�ur(/Y�L_=y_�
F.rasY E. Lancaster
MAYOR
ATTEST:
Darien` weaewmk Fees for Printing
,'TTY OS.ERN g ...--.-- '-----------
I
----- -- 5 _
I re 1
Cost of Proof . --- -----_--- $--._.._-.._...........
Total .. _........ ...
