HomeMy WebLinkAboutOrdinance 2830 l�l�F
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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