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HomeMy WebLinkAboutOrdinance 3655 'FILED FCR RECORD '93 AN 8 Rn 9 55 ORDINANCE NO. WASOy11 . , TON CO qR A . KOLL14EYER AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION R92-35 FOR A PARCEL .j CONTAINING APPROXIMATELY 3 1 /7 ACRES LOCATED ON SOUTH SIDE OF OLD FARMINGTON ROAD AND WEST OF SHILOH DRIVE REQUESTED BY RALPH F. CARNES . { • S WHEREAS, the applicant has made certain voluntary representations to the City of i Fayetteville regarding the use of his property as reflected in the Bill of Assurance attached hereto as Exhibit A and made a part hereof, and o WHEREAS, the City of Fayetteville has relief upon these assurances in granting this rezoning petition. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That the zone classification of the following described property is hereby changed as follows: R92-35 for the real property described in Exhibit "B " attached hereto and made a part hereof. From A- I . Agricultural District to R-2, Medium Density Residential District. Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED AND APPROVED this 17th day of November 1992. APPROVED: By : tAall Fr ed Hanna, Mayor ATTEST: By- Sherr as Thomas; C(tyClerk C � .,,f 93 01262 C CER'dMCATE OF RECORD State of ArtarnspS SS C'.ty of F•ry*ttevllie 1, berry 'Q hveya,�, City Clerk and Ex- ofricio rEccrd¢r for the City of Fa aye'itevltie, da hereby certify that Mr' art.C. AC fi or forcpp!n� is of record In 111Y office and the Sam" ap.pears !u G,ec jnance &c l;esoltaion bzok at l ,aKe 3a Witness my ha L �kind eras tats day of L 19 ex icy CTar� ad t(Ylrlct'+ Irt "ec 6 Exhibit "B " LEGAL DESCRIPTION FOR R92-35 A part of the Northwest Quarter of the Northeast Quarter of Section 19, Township 16 North, Range 30 West, described as follows: Beginning at a point 794. 3 feet East and 577.4 feet North of the Southwest Corner of said forty acre tract, said point being the Southeast Corner of Tharp Cemetery, and running thence East 280 feet; thence North 640 feet, more or less to the center of the road; thence Southwesterly with the center of the road 148 feet, more or less to the Northeast Comer of Drain land; thence South 265 .9 feet, more or less to the Southeast Corner of said Drain land; thence West 100 feet, more or less to the Northeast corner of Tharp Cemetery; thence South 340 feet, more or less to the point of beginning, containing 3 1/7 acres more or less. 93 01263 November 16 , 1992 The City of Fayetteville , Arkansas BILL OF ASSURANCE In connection with the Planning Commission Rezoning R 92-35 on October 26 , 1992 for 3 . 14 acres of land South of Old Farmington Road and West of Shiloh Drive , the Petitioner agreed and hereby covenants that upon rezoning to R-29 medium Density Residential , the number of residential units to be built will not exceed 48 units The Petitioner further agrees that at the time of development he will participate in improvements to Old Farmington Road . This Bill of Assurance shall run with the land and be binding on the Petitioner and on his successors in title . 'RALPHF . CARNES ACKNOWLEDGMENT STATE OF ARKANSAS ) as . COUNTY 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 , Ralph F . Carnes , to me well known as the Grantor in the foregoing Bill of Assurance , and stated that he had executed the same for the consideration and purposes therein mentioned and set forth . Witness my hand and seal this 16th day of ZbNember , 199 . c PUB L O[/ My Commission Expires : G �a rt xp , �• e r 93 01264 COUNY'� ' �'. ..r„ 1, Alma Kollmoyer, Circuit Clark and : o-officio ROCardcr for Wa,hirc:on County, Rrkansc% da horeby certify that 11,13In- c;:umcnt wm ;::_d frr rcco in my aKice c; incir7trd : a -1 ilu c.a'+ is now duly rocu• ::a••1 :.;a .:= cc!cno•:.Icd�cmant and cun;;*cat -n in ,C— d Cook and Page as IN 4Y;T,.=:.5 \? .._. . .!:v: ncreunto sat my hanc c';;: r.+ l'in s:al of sold Court on i:,a i:cr_nn, Alma Ko"m, r Circuit Cl.- .'.. r •'d Ex fficla Recorder ' ORDINANCE NO. 3655 AN ORDINANCE REZON- ING THAT PROPERTY DE- ' SCRIBED IN REZONING STATEofARKANSAS l PETITION R92-35 FOR A PARCEL CONTAINING AP- � PROXIMATELY 3 - 1 /7 County of Washington ACRES LOCATED ON THE SOUTH SIDE OF OLD WESTOFAR- MINGTON ROAD AND C= WEST OF. SHyOH DRIVE j, hereby certify that I REOUESCARNES am ev RALPH F. aril the publis r of TH CIRTHWEST ARKANSAS TIMES, a daily newspaper WHEREAS, the applicant having a second class in ' ing privilege, and being not less than four pages of five has made certain voluntary columns each, published at a fixed place of business and at a fixed (daily) intervals representations to the City Of Fayetteville regarding the continuously in the City of Fayetteville, County of Washington, Arkansas for more use of his property as re- than a period of twelve months, circulated and distributed from an established place flectea in the em of aAssur- anceExof business to subscribers and readers generally of all classes in the Ci and County attached hereto as - g Y City hibit A and made a part he- for a definite price for each copy, or a fixed price per annum, which price was fixed rent: and WHEREAS, the City of Fay- at what is considered the value of the publication, based upon the news value and ser- otteville has relief upon vice value it contains, that az least fifty percent of the subscribers thereto have paid these these assurances in grant- ng this rezoning petition. cash for their subscriptions to the newspaper or its agents or through recognized news i BE IT ORDAINED BY THE dealers over a period of a least six months; and that the said newspaper publishes an CITY COUNCIL OF THE average of more than forty percent news matter. CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the zone I further certify that the legal notice hereto attached in the matter of classification of the follow- mg described property is hereby changed as follows, R9235 for the real property ' ' described in Exhibit 'B" at- Itached hereto and .made a I was published in the regular daily issue of said newspaper for part hereof. consecutive insertions as follows: 'From PA . Agricultural Dis- 1 trict to R-2. Medium Den- On 'city Residential District. The first insertion on the � day of pe -eay .pr 19 Section 2. That the official zoning map of the City of IFayetteville. Arkansas, is the second insertion on the day of 19 'hereby amended to reflect ithe zoning change provided in Section 1 above. the third insertion on the day of 19 ] PASSED AND APPROVED ea. 157992 day of Novem- and the fourth insertion on the day of 19 , APPROVED: By: Fred Hanna. Mayor ATTEST: By: Sherry L. Thomas �— City Clerk Pubh or / General Manager Exhibit 'W g LEGAL DESCRIPTION FOR 892.35 A pert of .the Northwest Swom to and subscribed before me on this / da of Ouarter of the Northeast Y quarter of Section 19, Township 16 North, Range �eCPn'1 •.SCA'-' 19A_ 30 West, 16 North, R fol- T lows: Beginning at a point 794.3 feet East and 577.4 feet North of the South- west Corner of said forty acre tract, said point being Notary Public the Southeast Corner of Tharp Cemetery, and run- ning thence East. 280 feet; ' thence North 640 feet. M Commission Expires: more or less to the center Y P of the road; [hence South- rodwesterly4B with canter of the U rod 148 feet. -more less to the Northeast Corner of Drain lend; thence South the of feet' more or lass the Southeast Corner of said Drain land: thence Fees for Printing $ f West 100 feet. more or less to the Northeast corner of Thero Cemetery; thence Cost Of Proof $ South 340 feat, more or , 3-1 lass to the point of begin- Total $ ning. containing 3 1 /171 acres more or less. r. LO DEC 171992 FINANCE DEPT.