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.