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HomeMy WebLinkAboutOrdinance 2830 l�l�F 'DB2 O iyAs�`yC ORDINANCE N0 . C QT0. 0<<O�G�yT � �O AN ORDINANCE FINDING THAT THE PETITION REQUESTING eI4?y7 FORMATION OF AN IMPROVEMENT DISTRICT FOR THE PURPOSE OF IMPROVING APPLEBY ROAD FROM BISHOP .DRIVE TO JOHNSON ROAD CONTAINS A DEMONSTRABLE MISTAKE IN THE SELECTION OF THE TERRITORY TO BE INCLUDED WITHIN THE PROPOSED DISTRICT . WHEREAS , parties claiming to be the owners of a majority in assessed value of the property located within the territory hereinafter described have filed a petition praying that an improvement district be established for the purpose of improving Appleby Road from Bishop Drive to Johnson Road ; and C WHEREAS , after due notice as required by law , the Board of Directors of the City of Fayetteville , Arkansas , has heard all parties desiring to be heard ; and WHEREAS , the Board of Directors has determined , from the face of the petition , that there was a demonstrable mistake in the selection of the territory to be included in said improvement district as property which would obviously and necessarily receive a substantial benefit from construction of the proposed improvement has been excluded . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the Board of Directors hereby finds that the pets— tir requesting formation of an improvement district embracing the property described in Exhibit "A" attached hereto and made a part hereof for the purpose of improving Appleby Road from Bishop Drive to Johnson Road excludes certain property which would receive a substantial benefit from the proposed improvement . Section 2 . The Board of Directors further finds that because tTere has been a demonstrable mistake in the selection of the territory to be included within the aforesaid proposed improvement district , the Board of Directors should not adopt an ordinance creating said improvement district . AS �,�D AND APPROVED this 6*day of 1982 . �F N fbrflr '-. � APPROVED : ,t . . , i MAYOR � C ' �'� r1� 60 847 TY RK STATE of ARKANSAS as. EXHIBIT a TO PETITION " ' County of Washington 4e—L _ TOCRF. ENTIMEET e al Notices ,01Pfollo wing real DISTRICT = ! ORDINANCE NO.2W situated within the City of Fenyetntevtiie I, �,/"" T • �e hereby certify that I AN ORDINANCE FINDING THA and propped as "Street Improvement N REQUESTING FOID District No. Q-1 of Fayetteville, am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper ' PETTITO Arkanw": having a second class mailing privilege, and being not less than four pages of NATION OF AN UdPROYEM N� mbl Quarte� ' Per's od Om five columns each, published at a fixed place of business and at a fixed (dally) IMPROVING n APPLEBYPOSE 0Y BOAS 34the Southeast Quarter (SES:) of intervals continuously in the City of Fayetteville, County of Washington, Arkansas 'FROM BISHOP DRIVE TO JOx Section 27, t the South�NoQuart" pt for more than a period of twelve months, circulated and distributed from an ROAD CONTAINS DEMONSTRABLE MISTAKE IN Quarter (NWW) of sectlm ss, all in established place of business to subscribers and readers generally of all classes SELECTION OF THE TERRITOR TTownwnship 17 North, Range al West, in the City and County for a definite price for each copy, or a fixed price per TO BE INCLUDED WITHIN Washington County. Arksmas, hwN PROPOSED DISTRICT, parcel being am particularly annum, which price was fixed at what is considered the value of the publication, WHEREAS, Parties Maiming m described on the West basedu on the news value and service value It contains, that at least fifty the owmra d a majority m Gregg Avenue (Johmm Road): on the P Y Percent .weans amajymptd witMd Fast, by the tnh serum lines dividing of the subscribers thereto have paid cash for their subscriptions to the newspaper lire territory iiereinafler deur the bout Quarter Quarles (sou°fr d the or its agents or through recognized news dealers over a period of at least six have find a peutlon praying that n Southwest Qaartes (SWv.) from we g g tralrwv sent district be established Southeast Quarter (SEvo d we months; and that the said newspaper publishes an average of more than forty t� pm Bisdtara" .to Appleby', pSmaed Southwest Quarter the Nor�t Quacrtm percent news matter. Bishop Drre .b J Road; and -- (NWYe)' d the Northwest Quartan - -. WHEREAS, after due notice es res (NWW) Iran the Northeast Quarter I further certify that the legal notice hereto attached in the matter of quhed by law. the Burd d Directaf (NE40 d the Northwest Quarter Y g d Ile Ci d Fayetteville. Arkamaa, (NWy) d Section u; and m the North has lward w parties desiring to be and South by Rens missing East and heard; ed West mid lines lying parallel m ear ��^ e Q 3 v WHEREAS, the Boom d droctats 950 feet from the eenterlaedy 1 l _J�-U\ �-�l O has determined, from the [am d Ibe Rend between Its intersection wlih' petition, that there was a Grey{ Avenue (Jahmcm Road) m the. demonstrable mistake in the plectim West and JiumDrive m the East: ' - was published in the regular dally issue of said newspaper for d the territory b be inMude a mid ,�fall= low being amy Waw consecutive insertions as follows: • improvement d-niricl the praperq and a the land records d M wdrsu abvimdy ear neeeararBy Washington Gamily n subdivisiom as receive a substantial benefit from nor. y structlomd the proposed tmpruvernom Indicated; The first Insertion on the day OI 19ex I has been erciuded. BISHOP ADDITION UNIT I - t NOW. THERFORE, BE IT ORDAIN. Ali of Block 5 in Bishop Addition UnitI EDBYTHEBOARDOFDIRECTOAS (� Ithru e) . ' the second Insertion on the day of 19 OF THE CITY OF FAYETIEVII,LE, BISHOP ADDITION UNIT2 ARKANSAS: AD d the leplat d lots M d Black 5 Section I. That Ibe Board d Db, o thus 36) Addition Unit 2 (being lots a the third insertion on the day of 19 toes beseby (inch that the.'petitim R q�esting formation d n impavemmt REGENCY NORTH PHASE T diatriel embracing the property Tal7a8d&ock2 and the fourth insertion on the day of .49 Wrotedescrian b Esa pa •'A•' attached Let I of Block 4 �s tthrulld Blmk6 —{� Wrote ear made a part Wreof for Bre a mrsB d Drive to Appleby Road Lots t, Aud5of Black , : ^�'• 1 �� from Bl7bep Drive to aAmwn Rmd es. Iota REGENCY Sd NORTH lig PH . eludes certain property which wised REGENCY NOATH PHASEll . . receive a substantial benefit from the Tari 1 thuauf Blork2 Sworn to and subscribed before me on this day of propped improvement. AD of Blocks Sectim t. The Board d Directors tats i the 12 d Block e _ lurlher finds that because dere has LdsAthrotSdBlock6 . 0 A I19 been a demonstrable mistake In We LMs3this 11 of block selection of the territory to be include ! tat l k 2 Of Blocky within the aforesaid propped im BISHOP ADDITION UNIT I (PEO "• avemenl district, the BoardH Dfreo LANE) prNotally Public non should but adopt an ordinance 141al3thrul7d Blockll craatiog mid imrywemenl disWM. Let 8 Mitt 12 of Blacks PASSED AND APPROVED this eth daydJwy. I9n AND of the Southeast Quarter (SE%) My Commission Expires: ! ; of the Northwest Quarter (NWVa) of Section described t]evuaii Rant a ' M ^+•w-. ,a�J•_ p West, describe fe bepmmi al is \, mpoimw1 which tc ta SID feet Nor t ct; .. Southwest tmmr d said h eau tract: . i of ate Nath era /Bet b the Scum able . d • mad veiled "Country tam•• (Blishop Drive); theme Ent North t; , degrees u Mates Earl a 19 feel: Oence South era feet: thence West 29D Fees for Printing — $ feet, tope p less. m the Point Of begin-- tea . . Cost of Proof — $ Total — $ ) RECEIVED AUG 0 31982 ACC011 TS PAYA01i EXHIBIT A TO PETITION TO CREATE STREET IMPROVEMENT DISTRICT The following real property is situated within the City of Fayetteville and proposed as " Street Improvement District No . 82 - 1 of Fayetteville , Arkansas " : A parcel consisting of parts of the Northeast Quarter ( NE; ) of Section 34 , the Southeast Quarter ( SE '-; ) of Section 27 ; the Southwest Quarter ( SW4 ) of Section 26 and the Northwest Quarter ( NW% ) of Section 35 , all in Township 17 North , Range. . 30 West , Washington County , Arkansas , such parcel being more particularly • described as bounded : On the West by Gregg Avenue ( Johnson Road ) ; on the East , by the 8th - section lines dividing the Southwest Quarter ( SW ', ) of the Southwest Quarter ( SW; ) from the Southeast Quarter ( SE ', ) of the Southwest Quarter ( SW; ) of Section 26 and dividing the Northwest Quarter ( NW4 ) of the Northwest Quarter ( NW; ) from the Northeast Quarter ( NE; ) of the Northwest Quarter ( N1V; ) of Section 35 ; and on the North and South by lines running East and West , said lines lying parallel to and 950 feet from the centerline of Appleby Road between its intersection with Gregg Avenue ( Johnson Road ) on the West and Jason Drive on the East ; AND The following lots being duly plated and recorded in the land records of Washington County as - sub - divisions as . indicated : BISHOP ADDITION UNIT I All of Block 5 in Bishop Addition Unit I ( lots 1 thru 8 ) BISHOP ADDITION UNIT 2 All of the replat of lots 9 - 24 of Block 5 Bishop _ Addition Unit 2 ( being lots 25 thru 36 ) REGENCY NORTH PHASE I Lot 7 $ 8 of Block 2 Lot 1 of Block 4 Lots 4 thru 12 of Block 6 Lots 1 , 2 , 11 , 12 of Block 7 Lots 3 , 4 and 5 of Block 9 REGENCY NORTH PHASE II Q Lots 1 thru 6 of Block 2 ® Z� �s 848 7 All of Block 3 Lots 2 thru 12 of Block 4 Lots 4 thru 15 of Block 5 Lots 3 thru 11 of Block 8 Lot 1 $ 2 of Block 9 BISHOP ADDITION UNIT I ( PEG LANE ) Lots 13 thru 17 of Block 3 Lot 8 thru 12 of Block 4 EXHIBIT A ( contd . ) EXHIBIT A ( contd . ) AND A part of the Southeast Quarter ( SE114- ) of the Northwest Quarter ( NW % ) of Section 35' , Township 17 North , Range 30 West , described as beginning at a point which is 520 feet North of the Southwest corner of said 40 acre tract ; thence North 400 feet to the South side of a road called " Country Lane " ( Bishop Drive ) ; thence North 89 degrees 46 minutes East 299 . 19 feet ; thence South 400 feet ; thence West 290 feet , more or less , to the point of beginning . . C TIFICATE OF RF,CORD State rkunsaa City F yettevil e f SS I, an .e C. Ken criy, Ci , er' and Ex fic' rec der fo the Cit of F ryetf"; ls, . do ere y c if.; tht t tf e n ; ;r 1 or for g i is f r ord in offi. e and t :e stuc ao- rs i dI luitce soi;aio t b;x1k - - at Page Witness my nd r. seal t;-tis- --day of City Cler and Is {�' io l: conicr CERTIFICATE OF RECORD $tate of Arkansas City of Fayetfevilfe - ^" f, Sherry Rowe. fd'y . CI_,..�. . ;t recorder for tf,oe ' by certify than thcf F: r td:c }„ . !fie, of record in ..-o Pears in I / a' vu . 5/ band and seat of w , +4o Reoer c I -:c CERTIFICATE OF RECORD, STATE OF ARKANSAS Washington County SS. I, Alma L. Ko:l.oCircuit Clerk and Ex-Officio Recorderfac 1 ^ � Washington Coin ` do hereby certify that the annexed ® 1J6r^� rn�or fore. V 8 going ins Ment was filed for recgpn my office on theZ� day, of du 19YZtL0 _o'clo^_l/QM, and thesame ii�s/ duly recorded in_,�� racord A`9 11 at page n r7 Witness my hand and seal this/ day of 19&d Circuit Clerk and Ex-Officio Recorded By Deputy Clerk ORDINANCE NO . AN ORDINANCE FINDING THAT THE PETITION REQUESTING FORMATION OF AN IMPROVEMENT DISTRICT FOR THE PURPOSE OF IMPROVING APPLEBY ROAD FROM BISHOP DRIVE TO JOHNSON ROAD CONTAINS A DEMONSTRABLE MISTAKE IN THE SELECTION OF THE TERRITORY TO BE INCLUDED WITHIN THE PROPOSED DISTRICT . WHEREAS , parties claiming to be the owners of a majority in assessed value of the property located within the territory hereinafter described have filed a petition praying that an improvement district be established for the purpose of improving Appleby Road from Bishop Drive to Johnson Road ; and WHEREAS , after due notice as required by law , the Board of Directors of the City of Fayetteville , Arkansas , has heard all parties desiring to be heard ; and WHEREAS , the Board of Directors has determined , from the face of the petition , that there was a demonstrable mistake in the selection of the territory to be included in said improvement district as property which would obviously and necessarily receive a substantial benefit from construction of the proposed improvement has been excluded . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the Board of Directors hereby finds that the petition requesting formation of an improvement district embracing the property described in Exhibit "A" attached hereto and made a part hereof for the purpose of improving Appleby Road from Bishop Drive to Johnson Road excludes certain property which would receive a substantial benefit from the proposed improvement . Section 2 . The Board of Directors further finds that because there has been a demonstrable mistake in the selection of the territory to be included within the aforesaid proposed improvement district , the Board of Directors should not adopt an ordinance creating said improvement district . �/�, PASSED AND APPROVED this _Z�-day of !c - ec 1982 . APPROVED : MAYOR ATTEST : C TY CLERK EXHIBIT A TO PETITION TO CREATE STREET IMPROVEMENT DISTRICT The following real Property is situated within the City of Fayetteville and proposed as " Street Improvement District No . 82 - 1 of Fayetteville , Arkansas " : A parcel consisting of parts of the Northeast Quarter ( NE ; ) of Section 34 , the Southeast Quarter ( SE14 ) of Section 27 , the Southwest Quarter ( SPJ14 ) of Section 26 and the Northwest Quarter ( Nil ', ) of Section 3S , all in Township 17 North , Range . 30 West , Washington County , Arkansas , such parcel being more particularlydescribed as bounded : On the West by Gregg Avenue ( Johnson Road ) ; on the East . by the 8th - section lines dividing the Southwest Quarter ( SW '4 ) of the Southwest Quarter ( SW14 ) from the Southeast Quarter ( SE14 ) of the Southwest Quarter ( SIV14 ) of Section 26 and dividing the Northwest Quarter ( NW' 14 ) of the Northwest Quarter ( N1V14 ) from the Northeast Quarter ( NE14 ) of the Northwest Quarter ( NIV, ) of Section 3S ; and on the North and South by lines running East and West , said lines lying parallel to and 950 feet from the centerline of Appleby Road between its intersection with Gregg Avenue ( Johnson Road ) on the West and Jason Drive on the East ; AND The following lots being duly plated and recorded in the land records of Washington County as sub - divisions as indicated : BISHOP ADDITION UNIT I All of Block S in Bishop Addition Unit I ( lots 1 thru 8 ) BISHOP ADDITION UNIT 2 -All of the replat of lots 9 - 24 of Block 5 Bishop Addition Unit 2 ( being lots 25 thru 36 ) REGENCY NORTH PHASE I Lot 7 F, 8 of Block 2 Lot 1 of Block 4 Lots 4 thru 12 of Block 6 Lots 1 , 29 11 , 12 of Block 7 Lots 3 , 4 and S of Block 9 i REGENCY NORTH PHASE II I 1 Lots 1 thru 6 of Block 2 All of Block 3 Lots 2 thru 12 of Block 4 Lots 4 thru 1S of Block 5 Lots 3 thru 11 of Block 8 Lot 1 $ 2 of Block 9 ' BISHOP ADDITION UNIT I ( PEG LANE ) Lots 13 thru 17 of Block , 3 Lot 8 thru 12 of Block 4/ EXHIBIT A ( contd . ) x EXHIBIT A ( contd . ) AND A part of the Southeast Quarter ( SE !, ) of the Northwest Quarter ( NW !; ) of Section 3S' , Township 17 North , Range 30 West , described as beginning at a point which is 520 feet North of the Southwest corner of said 40 acre tract ; thence North 400 feet to the South side of a road called " Country Lane " ( Bishop Drive ) ; thence North 89 degrees 46 minutes East 299 . 19 feet ; thence South 400 feet ; thence West 290 feet , more or less , to the point of beginning , i i