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Home My WebLink AboutOrdinance 2384 FILED tI n 11tubliptu ORDINANCE NO . tL 1911 OCT 21 Aq if : 08 AN ORDINANCE REZONING THAT PROPERTY IN THE CITY V AYETTE. VILLE , ARKANSAS , DESCRIBED IN REZONING PETITION R77 - 24Iftl�iI�blt ' A� vEYt'i:HiifS 1 . 2 ACRE TRACT OF LAND LOCATED ON THE NORTHWEST CORNER OF 19s �? IiT � i Gtr STREET AND GREEN ACRES ROAD ; AMENDING THE ZONING DISTRICT MAP OF ` '' ' ' FAYETTEVILLE , ARKANSAS ; AND FOR OTHER PURPOSES . JBE 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- 24 described as follows : Lot 3 , Green Acres , a subdivision of a part of the NW/4 , SW/ 4 , Section 3 , and part of the NE/4 , SE /4 , Section 4 , Township 16 North , Range 30 West , as designated upon the recorded plat of said subdivision , LESS AND EXCEPT 193 . 3 feet - of equal and uniform width off the West end of Lot 3 . ALSO , a strip 96 feet wide off the East side of a strip 193 . 3 feet wide off the West end of Lots 2 and 3 , Green Acres Subdivision as shown by the plat of said subdivision recorded in Volume 234 at Page 276 , From R- 1 , Low Density Residential District , to R- 0 , Resi - dential 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 That all ordinances or parts thereof in con- flict herewith are hereby repealed .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 lawn/. PASSED AND APPROVED THIS 1977 . DAY OF APPROVED MAYOR ATTEST10 16 0 , 13 942 686 oc! I 918 • Iv1iCROF111A� REE�� v CERTIFICATE OF RECORD STA rt! OF ARI:,`.P S,-.S ) . Washington County ISS' Washington County, do hereby certiI, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Record ;r loi �ER'CIFICA'j'E fy that the e annexed or torOF RECORD going ins umen was filed for record f j SS of 1577at� o clomyofticeon thoalday - >'ctieville t ck�}M, and the same is duly recorded in [ G . n record aC j 6�7dnne I - ;r . , .Itt , Witness my hand and seal this at pagz—kcv Ev.ry i. ., l .*v Cterk an ay_of 19� CV 1' : ; t,: "i: :: .: '^( YC"jrle� KOLLMEYER iil a t!, ; r :- 'ore. Circuit Clerk andni,� cr ' 9 Ex-Offi to corded pU �'�t'I I '� Or:;i :. , , ., r '.r �� ` `ansa ;tp. V .Z.'t.:. Ll �) )Ok Deouty Clerk —` — — 4�. �s Iniad ':: c. .. . ,! my City Clerk and. Ex-o;r- - FILED FU1i titGUf(li 1911 OCT 21 0111 ! : 08 BILL OF ASSURANCE {4ASHNNGT01%J nOUN7 }p ARK OFG JOHN BOX AND RUTH BOX , HUSBAND AND WhF Illi MaLLl' IEYER ULE�RK AND TERRY BOX This declaration of a Bill of Assurance made this " 12th day of " October 1977 , by John Box and Ruth Box , hus- band and wife , and Terry Box , owners of the following described real estate located in the City of Fayetteville , Washington County , Arkansas , and more particularly described as follows , to-wit : Lot 3 , Green Acres , a subdivision of a part of the NW/4 SW/ 4 , Section 3 , and part of the NE/4 , SE/ 4 , Section 4 , Township 16 North , Range 30 West , as designated upon the recorded plat of said subdivision , LESS AND EXCEPT 193 . 3 feet of equal and uniform width off the West end of Lot 3 . ALSO , a strip 96 feet wide off the East side of a strip 193 . 3 feet wide off the West end of Lots 2 and 3 , Green Acres Subdivision as shown by the plat of said subdivision recorded in Volume 234 at Page 276 . 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-O , 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 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 covenants and restrictions herein set forth : 942 681 MICROFALMmo 1919 DATE_ REEL_.,1 I . That the use of said property shall be restricted to single family dwellings , and to uses included within Unit 25 - professional offices as prescribed by Ordinance 1747 , as amended , of the City of Fayetteville , Arkansas . II . No ingress to or egress from said property shall be had using Elm Street for any use included within Unit 25 - professional offices as prescribed by Fayetteville Ordinance 1747 , as amended . All ingress or egress for any such use , shall be from Green Acres Road . WITNESS our hands this 12thday of October , 1977 . JoTsox Rut Box Terry Box ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON BE IT REMEMBERED , That on this day came before the under- signed , a Notary Public , duly qualified , commissioned and acting within and for the aforesaid County and State , John Box , Ruth Box , and Terry Box , personally known to be the persons execut- ing the foregoing Bill of Assurance , and stated that they had executed same for the consideration and purposes therein men- tioned and set forth . Witness my hand and seal as such Notary Public on this 12th day of October , 1977 . Notary Public My Commission Expires : 44w= I r;..,•" � 1 X5 - 80 CERTIFICATE OF RECORD E OF ARIONSAS J clnn—ton County J SS. U �' I, AL.ia L. Koll.�eyer, Circuit Clerk and. Ex-Officio Recorder for 'i Washington County, do hereby certify that the annexed or fore- " wing i strument was filed for reco�-rr ,,in my office on the � day of > -�rat - 4100AM, and the same is duly recorded in_( gor & . record 9 41 :L at page p � ® 942 Witness my hand and seal this.`� 77ddayr of�,Q_�- 19_]� XMRT Circuit Clerk and Ex-r , ,a,,,p7Zcorded BY netnnv Clerk. ad +rPOFiLMED PARTIAL RELEASE OF BILL OF ASSURANCE T =PARTIAL ELEASE OOF BBILL OF ASSURANCE executed this day of1963 , by the City of Fayetteville , Arkansas , WHEREAS , John Box and Ruth Box , husband and wife , and Terry Box LU LU executed a Bill of Assurance dated October 12 , 1977 , a copy of which Co is attached hereto marked Exhibit "A" and made a part hereof ; a�l C' U U w1.a WHEREAS, John Box has requested that the property 34aTeribecF-ino said Bill of Assurance he released from the covenants and fest Fictions M rn -v c� o LU contained in Paragraph II of said Bill of Assurance ; and rte— T 0 3 (D a m rn r- o u :Z -G N WHEREAS, . the Board of Directors has considered saie stmt D Co a public meeting where no objections to said request were preiiLnted ; and WHEREAS , the Board of Directors has determined that said request should be granted . NOW, THEREFORE , the City of Fayetteville , Arkansas hereby releases the real property described in said Bill of Assurance from Elie covenants and restrictions in Paragraph I of said Bill of Assurance . CIT�OF�'AYF' EV CANSAS By : J GL G " 7" Mayor ATTEST By : ty erk CITY OF FAYEITE'VI ) )ss: ACKNOWLEDGMENT COUNPY OF WASHINGTON ) BE IT REMEMBERED, that on this day came before the undersigned , a Notary Public , within and for the County aforesaid , duly commissioned and acting , Paul R . Noland and Suzanne Kennedy , to me well known to be the Mayor and City Clerk , respectively , of the City of Fayetteville , Arkansas , a municipal corporation , Grantor in the foregoing Release of Bill of Assurance and stated that they had executed same on behalf of the City of Fayetteville for the consideration and purposes therein mentioned and set forth . ?NESS my hand and seal as such Notary Public this day of Notary Public 1. My Commission Expires : , • �T '' _7�1 Q /jdti �3 1 ; VL LIBfRl1� �r�, EXHIBIT "A" Lot 3 , Green Acres , a subdivision of a part of the NW', , SW; , Section 3 , and part of the NE'„ SE; , Section 4 , Township 16 , North , Range 30 West , as designated upon the recorded plat of said subdivision , LESS AND EXCEPT 193 . 3 feet of equal and uniform width off the {Vest end of Lot 3 . ALSO , a strip 96 feet wide off the East side of a strip 193 . 3 feet wide off the West end of Lots 2 and 3 , Green Acres Subdivision as shown by the plat of said subdivision recorded in Volume 234 at Page 276 . ` n T or � oo. . .- ::Yed or torso L13ER1165 PAGE615 ;0.no itSlrLnlCni rJuS :. : : I;: reSlJ a .,order in_ ` 7�re'co•d Was atp:ge�\4 :ss my bond and seal thisAmay cJd� ICU Circuit Clerk and Ex' `cio Recorded qv c�J . STATE of ARKANSAS County of Washington as. I, hereby certify that 1 am the Publisher of THE NORTHWEST 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 thereto have paid cash for their subscriptions to the newspaper or its agents ORDiN.%m i-iso. 2fM or through recognized news dealers over a period of at least six months ; AN ORDINANCE REZONING THAT per and that the said newspaper VMoPF.HTY IN TRE CITY of FAYET P publishes an average of more than forty percent VILLF., ARKANSAS. DESCHIBFD IN news matter. RE"iliK, PETi I'IOS Rn rat, BEING A II ACNE TRACT OF LAND LOCATED h h if I (Lithe[ certify that [ ¢ 10 ON THENORTHWESTCURNERGF ELM gal notice hereto attached in the matter of STREET AND GREEN AIRES ROAD. AMENDING THE ZONING DISTRICT 'MAP OF FAYETTEVILLE, ARKANSAS. AND FOR URDAIND BYTHES. BEC ORS OF THE CITY THE BOARD UF DIRECTORS of TSA CITY OF FAYCf 1 TEV tion I ARKANSAS. Section 1 That the zone pexin e. and of was published 1n the regular dally Issue of said newspaper for the herenv changes! ha g drecObed property be. and is consecutive Insertions as follows : Lerch 24 described lee fol low. Rn�16 desrnhM as follows _ Lot i Green Acres a subdivision of a The first insertion on the ... purt of the NW.O. S%4. Sectionti. and parr ....-..�._....._ day O(of the the NE a, SE 4, Section 6. Townhip 16 'North. Range :nI Westas designated upon the second Insertion on the da o[ the recorded plat of said subdWWoo.LFSS _._--......__.-......... y __._..____.. 19.-.._-. AND EXCEPT 1933. feet of equal and uniform wldlh off Or West end of Lot J the third insertion on the _ _ ALAO. s stripl6teetwideoH lhoEaaNMa _. _ . -. _- O1 .._......._-.._-_.... 19----- al a strip 1@e4bat wide orf IM N'nl6g8M I.ols 2 arM 9, Green Acres Sutter loo as shown by the plat of said subdlvialon and the fourth Insertion on the _ day of 19. recorded in Volume g at Page 2M Frum R 1. Low Dense. Resmennal District. to R4. Residential off Ice District Section e. Thal the official zoning map of the City hereby aFayetteville, Arseextentan i and r hereby unettled to the extent and m IM the eco necessary than to effect and designate thereof. changes provided in Section Sworn to and subscribed before me on this . ---- day Of _-__._.— hectio Section " That all er with are or path inertias 1t' ean9iet herewith ore betebc repeated. . , . -------_.--.._.--.-.. Sec Gan t. this continuos att Oe In full force andnd a effect from and after the time provellidby law PASSMV SSItD AND APPROVED THIS uM1 ...-.._ DAYOFoctober. ten. No Public APPROVED Emest E. "reader MAYOR 41 TEST My Commission Expires: lmrlene WalhnwL: t 1 : 1CLERK H Fees for Printing ------.. Cost of Proof ....-. .... ... j------- `------ (-�------- Total ......._.._