HomeMy WebLinkAboutOrdinance 2374 ORDINANCE NO . a307 f 7 $ - P 3 ` . 1} I AN ORDINANCE REZONING THAT PROPERTY IN THEAIDIVYOOV'4i ETTE- VILLE , ARKANSAS , DESCRIBED IN REZONING PETITION f1'J`7L`3104OK THREE LOTS LOCATED ON THE WEST SIDE OF EASY AVENUE NORTH OF POPLAR STREET ; 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 : R77 - 31 described as follows : Lots 12 , 11 , and 8 , Block 2 , Revised Plat of Block 5 of Parkers Plat of Valley View Acres to the City of Fayetteville . From R- 1 , Low Density Residential District to R- 2 , 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 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 That all ordinances or parts thereof in con- flict herewith are hereby repealed .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"_� DAY OF41� A , 1977 . APPROVED : ® 936 65 MAYOR ,.: State of Arkansas i �gS? ' City of Fayetteville SS \. : 1, Darlene Wcsthrook, City Clerk and Ex,,, • Officio recorder for the City of Fayetteville, (,o he-.—ny certify thac the anise ced or fore." .7C qty 4 ( going is of record in my office and the same t • ' ♦ appears ff book , " at page — __. Witness my PAICROFiLiJiE9 hand and seal this _ l� day of DATE OCT 1 7 1918 Oeeajiger 1977 • REEL 1 t Q�d��I cJ i LLtGa . ao-�1' Cn' I. _ V • ST AiC OF Fto.knl: lCouniY- 0tficio Recorder ton ;. f,,.io� ,n - - or fore- ., A'Fria L. KoG ' a"`=r' , ,n � Inncxcd ;nl .• oa t.c r'.. Y ter. ,- . y rn ,NO2;tcn Cc . • •• r m; o.f,ca onahe date € nstruma. . r.. a 97 9, , ;frc!/�..1• and thtivl, ��® � � Je rd ,36 at vac. duly recorded ,n T- `day ol_ : €� Witness my hand and loci `h ' Circuit ClerClerk and Ex-Officio Recorded BY pePuty CI i a J J .LE Y 1 ' 77 SE? 0 3 ;li 41 BILL OF ASSURANCE OF VASKIi : . ' JOHN A . MATHIAS , JAMES I , MATHIA§ AR" ' � ' , BERNICE J . MATHIAS AND SAM H . MATFf� 11.jp1T CLERK K i RK This declaration of a Bill of Assurance made this . day of , 1977 , by John A . Mathias , James I . Mathias , Bernice J . Mathias and Sam H . Mathias , owners of the following described real estate located in the City of Fayetteville , Washington County , Arkansas , and more particularly described as follows , to-wit : Lots Twelve ( 12 ) , Eleven ( 11 ) , and Eight ( 8 ) , Block Two ( 2 ) , Revised Plat of Block Five ( 5 ) of Parkers Plat of Valley View Acres to the City of Fayetteville . 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 R- 1 , Low Density- Residential , to R- 2 , Medium Density 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 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 , con- veyed and occupied subject to the covenant and restriction herein set forth : MICROFA`TO 579 036 612 DATE.,.. +� REFI I . That no construction or development shall be had on said property until Easy Avenue is paved to existing City standards from its intersection with Poplar Street to the South property line of said property . 2?� / WITNESS our hands this A? day of 1977 . ,411)4 Jo n A . Mathias ames I . Mathias Bernice JMAthiias Sam H . Mathias ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON BE IT REMEMBERED , That on this day came before the under- signed , a Notary Public , duly qualifed , commissioned and acting within and for the aforesaid County and State , John A . Mathias , James I . Mathias , Bernice J . Mathias , and Sam H . Mathias , person- ally known to be the persons executing the foregoing Bill of Assurance , and stated that they had executed same for the consid- eration and purposes therein mentioned and set forth . wit n m ha d and seal as such No y P blic this day of ' may " " , 1977 . tt A No P c j�ply Commiss. on Expires : U 936 613 CERTIFICATE OF RECORD > 1 e. rE OF ARKANSAS ] Sc, WashinCtnn County ] rfo/ I, Alma L. K.olimoycr, Circuit Clerk and Ex-offielo Record ` Washington County, do hereby certiiy that the annexea ire going instrunentvjas filed for record in my office on th-wV day 1L7�oty �'�7 . . lockf•A, and the s, - e/ V. of — record 93 6,t. at duty worded in — - da of 1917 YYib� my hand and seal thiso Y �n1 „•,.". �— — Circuit Clerk and Ex-Otfl Re o ed' De 'ClerA, s STATE of ARKANSAS 1 J} se. County o(f' Washington I, "' H , _ > hereby certify that 1 am the Publisher of THE NORTHWEST ARKANSAS TIMES, a dally newspaper having a second class mailing privilege, and being not less than [our 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 - --OADMA.NCE NO. ma and distributed from an established place of business to subscribers and AN ORDINANCE REZONING THAT readers generally of all classes In the City & County for a definite price for PROFRRTY IN THE CITY or UA V KTTE�Vf IRLE1�Ef�cO p�,ANSAS each copy, or a fixed price per annum, which price was fixed at what is Rn-31 ,rHaEE WTs IAICRPED considered the value of the publication, based upon the news value and ON WEST RIFE OF EASY service value it contains, that at least fifty percent of the subscribers A v E ■ NORTH Or POPLAR STREFII-1'� f�tD ZONING thereto have paid cash for their subscriptions to the newspaper or its agents DISTNQ�.•gAR O I rmvmt.E, or through recognized news dealers over a .ARHANBART AND FOR OTHER period Of 8L 1288[ Blx months ; PUTIMS&S. and that the said newspaper publishes an average of more than forty percent BE, IT ORDAINED BY THE BOARD news matter. OF mEEGTORS OF THE CITY OF FAYE'TTEVW.E, ARKANSAS: section 1. Teat eh• me eWanteetbe I further certify that the legal notice hereto attached In the matter of rat nr - nc deseranged ad Pr10011h a, of the fnnoer chanced ea fproes: and _e hen-by ril As tnllowa It 7 it Li�e� l and a, RL. k R. Rerirwl 4.i a M Partes Plat of ... ..--- �"" _ "'�"'�\ _--_:.._3.i-L. t \'ew ArreA In :he cue of a_I, o<n.n , Ree;dentla was published In the regular daily issue of said newspaper for..... n : vetlr.:m D.eait. consecutive Insertions as follows : . ,n T 1„ Seotinn 2. That thr oniaal somas MAP be C11 m Fareltedle.Arlaaneen, be , The first insertion on the _ -J...-_- day of ._. .t...--- And ie hereno ememod In the ert<nt - And -n the .-espcu nefai to effect ann of i n se tiaon n ereift rr rhanaea the second insertion on the da of And d l in section t IIQroL . ._...._..-.--..._._. y ..--._.___. 19----------.- n 1 That all nrdinuefis er path Th,rr ' i .. nn• mt heremite ero h<reec TOIll M. the third Insertion on the _ .--.-. __. flay o1 _____-_. ....... 19------------ 1, 0 an 4 me m and nuas Me11 he r till re provided and effect Irom aM aver lifeSE nme APPRO ies. and the fourth Insertion on the ......_____.__.-- d✓U of .-------__. -- - ---- 19_-_--- PASSED ANDSeptember, APPROVED THIS a DAY OF 6egember. 19Tl. APPROVED: Frnnt E. LAYOr MAYOR AT Derlenelene wmnrnot CLERIC I Te worn o ansubscribed before me on this .0 Tr is Std bibd f - I _ -- ----- day of ----------- - - — 18---- No Pnblic My Commission Expires: _ ,/ ,9 , 11I j'O \ / � , C Fees for Printing ........ j_11..Li_ I _ Cost of Proof __..-__.-- {---.-_--- _-----_._. Total