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Home My WebLink AboutOrdinance 2420 FI L ORDINANCE N0 . .,)J{.20 F O AN ORDINANCE REZONING THAT PROPERTY IN TH17R� QF FAYETTEVILLE , ARKANSAS , DESCRIBED IN REZONING EE apj PW 2: 59 R78 - 3 FOR A 7 . 44 ACRE PARCEL LOCATED ON THE SQ;IIT if1S �E�Q i' � TV OF ZION ROAD APPROXIMATELY 2 , 000 FEET WEST OF ARU.") 'Er HIGHWAY 265 . Al t1,9110LLf1FYvg CI rC( Rr rl FRF' BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY J OF FAYETTEVILLE , ARKANSAS : V Section 1 . That the zone classification of the following described property be , and is hereby changed as follows : R78 - 3 described as follows : Part of the NE 1 / 4 , SE 1 / 4 , Section 24 , T - 17 - N , R- 30 - W of the 5th P . M . , Washington County , Arkansas , being more particularly described as follows : to -wit : beginning at a point S 890 20 ' E - 184 . 78 feet from the SW corner of said forty acre tract ; Thence S 890 20 ' E - . 468 . 51 feet ; Thence N 020 49 ' W - 811 . 60 feet , to center of Old Missouri Road ; Thence S 670 30 ' W - 463 . 96 feet along said road ; Thence South 627 . 61 feet to the point of beginning . Con- taining 7 . 44 acres more or less . From A- 1 , Agricultural District , to R- 1 , Low Density Resi - dential 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 . All ordinances or parts thereof in conflict herewith are hereby repealed .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 c?0 day of .7.•dLt�� 1978 . 95 7 978 APPROVED : ,' .:• � �'�,;�.� •• :3t�te c; �� mil-/�GEo \ City O2 ^ l:e I OR 9 rJ : tA1, E$.'P, ` T, D�.;Fcne FI :--. • �•._'Ool:• C'ty Clerk and Lz� s i< Officio re^.or;t ; fc the Civ of Fayetteville. uO Bele ar<i: r'.* chat tite annexed or fore- going is of record in my office and the same appears in 4" dAdo 1 &4 , boolt CITY CLERK U/ at page a9 , Witness my hand and seal this _ day 02MiCRORWED 19_ � ° DATE 1 t t57a CERTIFICIJEE OF RECORD . !TATE OF ARKANSAS ISS. ;, Washm .on County 1• Alma L. Ito!'mavcr, Circuit C!cr c end Ex-0:1ioia Rccord_r for Washington CoUnty, do hereby ca' :. . .:. ih . (oe- going instrument was fil_d for rccok n rry G:;:ca cn t'l 8 day of _ 10.734-: 594-: 59 .A-/1.:, o� duly record=din_ _ _p_� _co. d 7_�J�ct Pa.3> 7�1�0( Witness my It,.od and seal tth,s�_7.✓��•�d�"�1'.„'�'�'�— 191p. Circjit CIcrX and Fav .__.'—_. - – t i ARD '/4sr� 3: BILL OF ASSURANCE OF �C' 19N�' j'4 CQ Ty o0 BALL FAMILY TRUST CrRq of MIEYF r "t FRIt THIS DECLARATION OF A BILL OF ASSURANCE is madekon this 20th day of February , 1978 , by BALL FAMILY TRUST , E . J . Ball as Trustee U/D dated December 24 , 1962 , owner of the following described real estate situated in Fayetteville , Washington County , Arkansas , to-wit : Part of the Northeast Quarter of the Southeast Quarter of Section 24 , Township 17 North , Range 30 West , being more particularly described as follows : Beginning at a point S 890 20 ' E 184 . 78 ' from SW Corner of said forty Acre Tract , thence S 890 20 ' E 468 . 51 Feet , thence N 02 ° 49 ' W 811 . 60 Feet , to cen- ter of Old Missouri Road , thence S 67 ° 30 ' W 463 . 96 Feet along said Road , thence South 627 . 61 Feet to point of beginning . Containing 7 . 444 Acres more or less . WHEREAS , the BALL FAMILY TRUST has secured the approval of the Fayetteville City Board of Directors to amend the Fayetteville Zoning Map to rezone the above described real property from A- 1 , Agriculture to R- 1 , Low Density Residential ; and , WHEREAS , to induce the Fayetteville City Board of Directors to so amend the Zoning Map to rezone the above described real estate as aforesaid , the owner agreed that no additional dwelling houses would be constructed on the aforesaid real estate until the Fayetteville Sewer System is available to said real property : and , WHEREAS , the owner desires to make 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 it , its successors and assigns and the above described real property and its subsequent owners with the obligations and restriction hereinafter set forth for all present and future development and use of said property for the period indicated ; now , THEREFORE , the owner declares that the above described real property shall be held , sold , conveyed and occupied subject to the covenants and restriction herein set forth : �J7 MICROFILMEO DATE APR 2 6 1979 REEL \`S� 1 . No additional dwelling houses shall be constructed and/or occupied on the above described real property until such time that a Sewer Line has been constructed to said real property and available for connection by such additional dwelling houses as may be construced and/or placed upon the above described real property , IN WITNESS WHEREOF , the BALL FAMILY TRUST has caused this Bill of Assurance to be executed by its trustee on the date hereinabove first written . BALL FAMILY TRUST By E . J . Ball , Trustee ACKNOWLEDGMENT lllldllllll STATE OF ARKANSAS COUNTY OF WASHINGTON On this 20th day of February , 1978 , before me , a Notary Public , the undersigned officer , personally appeared E . J . Ball as Trustee of the BALL FAMILY TRUST of the State and County aforesaid , known to me to be the person described in the foregoing instrument , and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained . IN WITNESS whereof , I have hereunto set my hand and official seal . .ter -� - enneth R . Mourton , Notary Public CERTIFICATE OF RECORD /• , ,•,ai.•,.:,, u.,, i > TATE OF ARKANSAS ) My -Coinmi's o � n 1. xpirest4' ,'rf r-^,tor, County I ss. C•, Alma L- Kollmeyor, circuit Clerk and Ex-Officio Recorder for r^''•�. ' n r _rr, r Washington Ce' r ;v, do hereby certify that the annexed or fore. as filed for record ;n my office on thr, day of ,i• ! r r . � •, ! duly recorded in //�� hh M. and the same is —x4A--aC—,_recurd YS 'Lat paII, Witness my hand and seal thiscl�ljay of 19 357 561 Circuit Clern and Ex-Offic' ecorded BY LJePW Clerk STATE of ARKANSAS 1 County of Washington �, r .LAY I, __ _. C hereby certify that I 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 hl a fixed ( daily ) intervals continuously in the City of Fayetteville, County of 1, s/ ul1:D IS Washington, Arkansas for more than a period of twelve months, circulated T'E\9LL1 . _ .. .. Re7ovin s'ETIM) nra 'f RAvas and distributed from an established place of business to subscribers and ACR['. t' un ru. to ATO D ON THE readers generally of all classes In the City & County for a definite price for SOU"I 11 S'�Pi'. JF LION ROADF ARKAN- IMAlF1n r '""I rf:i:r trflrt each copy, or a fixed price per annum, which price was fixed at what is SAS XIOIIN Al V is U,q,e IIcTA�))RS OF TXE CITY OF BOARD considered the value of the publication, based upon the news value and ItJi service value it contains, that at least fifty percent of the subscribers TEVARICAt'1H sevt I. oat dm inns fla y e , an is thereto have paid cash for their subscriptions to the newspaper or its agents the funowdrl{deaerifrad property be, and or through recognized news dealers over a nerepcyaagglrfogpec : B g period o[ at least six months ; R�y-3dacdhed aaldbwr tiro rA T. and that the said newspaper publishes an average of more than forty percent Part of the NE 1.. 5E '•. Washm ton Wawa matter. C.N. R'3PW of die dth P M.. rticularly t'ount>'. Ar S. Oeiog roots Pa m"r,ped as folio mrnmulo E��tsl �a fee' I further certify that the legal notice hereto attached in the matter of pool Say degrees said forty acre from the SW roma , tract'. Thence S a degrees W minutes h: ssou 1 feel TT 1 0 degrees W minutes W-811 b feel. to g ce Gl ndegtees _ Missouri Rob Therue minutes W–aG'1 % feet along said road , Thence Soule 6x7 at feel w the point of was published In the regular daily issue of said newspaper tor_..._ .. -.....__ - - 1hei ce Cpltaimng Toa acres more or P a [ccs eneeeutive Insertionwas follows : from A 1, Agricultural Dislrict. to R-1, i.na Deruily Residential District. _. day of C ._ - �aaimrTLatdrrafa,•tmningp�eane The first insertion on the _ ..._... . 1!_.. the City of Fayett"I -to the.Arkany indent and in the ,s hereby amaldad to effect and designate rrspec nacesaary m Session the second Insertion on the _ day of _ _. ___-------- 19------------ the necessary gNrljes pounded . i hereof. a rls thereof sectima Al adiYl� Iwrepled e� the third Insertion on the . . . __ ._ day of .__-------------------- 1l--------_.. m conniclbea•yt1l�Mweay X11 ;am Section 4 Tgal d1wh Adulto hull force and' elWi fran ;Wt er the and the fourth insertion on the _ day of ___—....._-____ ume provided Dy law. P,15.4:U ASD APPROVERIN#iy YIr. February, l!r18Inlui U. ._ Rossiter —_ – ' y'' br UAYOR tt'Tt:<r Sworn to and subscribed before me on this __ Y . .__._._... day of --- ---------------------- _-----------'---..__. �2�f=S-�l�--- 19--1"oo— NOtafy Public My Commission Expires : t �- Fees for Printing ........ Cost of Proof _ _..._.... j.._.-_..�----------._ Total _....-.___ j_ ...5.1 .