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Home My WebLink AboutOrdinance 3783 F*,ED FOR RECORD ' ' 94 (CRY 5 AN 8 05 WASbINGTON COOAR A . KOLL14EYfg ORDINANCE NO. 9783 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION R94- 10 FOR A PARCEL CONTAINING APPROXIMATELY 8 .71 ACRES LOCATED ON THE SOUTH SIDE OF WEDINGTON, EAST OF 46TH AVENUE, REQUESTED BY HAYDEN McILROY . 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: R94- 10 for the real property described in Exhibit "A " attached hereto and made a part hereof. From A- 1 , Agricultural District, to R- 1 .5 , Moderate 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 3rd day of May 1994. APPROVED : By : red Hanna, Mayor ATTEST : By: Sherry . Thomas, City Clerk T: .. 94027092 Exhibit "A " LEGAL DESCRIPTION FOR R94- 10 Part of the Northwest Quarter of the Southeast Quarter and part of the Southwest Quarter, Southeast Quarter all in Section 12, Township 16 North, Range 31 West of the Fifth Principal Meridian in Washington County, Arkansas and being more particularly described as follows: Commencing at the Northwest comer of said Northwest Quarter, Southeast Quarter thence South 349.60 feet, thence S 880 1011 " E 372.00 feet to the Point of Beginning; thence S 88 " 10511 " E 100 feet, thence N 89057125 " E 209.94 feet, thence S 0006922" W 112.99 feet, thence East 205 .62 feet, thence S 0043 '20" W 404. 89 feet, thence South 546.69 feet, thence N 58 " 10'05 " W 141 .24 feet, thence North 264. 81 feet, thence West 94.77 feet, thence N 58010105 " W 65 .63 feet, thence along a curve to the right which has a chord bearing N 5405 '02" W 77.63 feet, thence N 50" W 246.45 feet, thence along a curve to the right which has a chord bearing N 25 " W 98 .62 feet, thence North 252.29 feet, thence East 53 .67 feet, thence North 166.03 feet to the Point of Beginning, containing 8.71 acres. 9402'7093 k , r OP, GENSEN ASSOC 501 442 9127 P . 02 BILL OF ASSURANCES This declaration of a Bill of Assurances made and published on this _ 04-L day of 1994 , by Hayden McIlroy , owner of real est e located in the City of Fayetteville , Washington County , Arkansas , and more particularly described as follows : SEE ATTACHED EXHIBIT A . The aforesaid owner of th'eCreal property is in the process of securing from the City of Fayetteville a rezoning of this real property to district R1 . 50 which was approved by the Fayetteville Planning Commission on April 11 , 1994 . It is hereby agreed that the Owner hereto desires to make a declaration in the form of this Bill of Assurance of the inten - tion of guaranteeing that the R1 . 5 , will be developed as duplexes . This agreement shall be binding on the owner of the real estate described in the Bill of Assurances , and all subsequent owners of said real estate , as such shall be covenants running with the land , It is further agreed that . the. above described real property shall be developdd , transferred , ' sold , conveyed and occupied subject to the above described covenant 10 W1's! :+rs9 to v : t:.► WITNESS our hands and seals on the da LUSH o '4 g , e t917 w M ,se,oas, �tg1.4W 10 ! h4! Q tt" Este! eA @V&Fs£19r&3 Mo Hayden ! w_-- ow _ Yw. a: 4i• 4 i t. Atmo KoJ=Yclo, Cftgb CkA art1 Ex-offklo p=.der for \Vsl;WlonCounty, Arkansas, do h �by c..riify that this in- strumem vms C. d Orr record in my office CERTIFICATE OF DED COR as indicated hr+con and the same Is now L' Aj ++. + duly rccc6:d with the ocknowledgweM She of ArkSKM and cer:I icaev t!""n in Record Book am Clt �a ettevow , e: Said � Page as inc:i,c .+.+ iercon. tl w: Sek City of IN \VI'. K::6 ViARECF, I Novo hareunrc 0mcio recorder for the Citi set my hand I'd afflesd the seal of said Famy y �1 or noibZ 0��rd m Court on the doro i diwtod harooa ornce tad the Same o to In Alma Kolimoyer at OrdbOUs At II MbMGU �o XX��,'V�t ��' d amuit Clerk and pie 7 witaen til] UMM IIIId 6-offici Records i ealdal Of '"_'�- WA.O LUeww ACKNOWLEDGMENT STATE OF TEXAS ) )SS. COUNTY OF DALLAS ) BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, duly commissioned and acting within and for the County and State aforesaid, Hayden Mcllroy, personally know to me to be the person subscribing to the foregoing Bill of Assurances, and who stated to me that they had executed the same for the purposes and considerations therein contained. 7 I�9 }}Witness Whereof, I have hereunto set my hand and official seal this day of A� 1994. NOTARY z dzt�4 nZ PUBLIC My Commission Expires: �N��10.Y R`B SHEIIA G. JOHNSON �-}�q/ NOTARY PUBLIC :�E'„ . Comm. Exp, 073097 ORDINANCE NO. 3783 AN ORDINANCE REZON- County, Arkansas, and more ING THAT PROPERTY DE_particularly described as 3 1994 SCRIBED IN REZONING'follows: STATE OF ARKANSAS MAY PETITION R94.10 FOR A • PARCEL CONTAINING - AP-SEE • ATTACHED EXHIBIT hisx. F11yp�+CE DEPT • PROXIMATELY 8.71 ACRES Apt!' LOCATED ON THE SOUTH �' County Of Washington SIDE OF WEDINGTON, The aforesaid owner of the EAST OF 46TH AVENUE, real property is in the pro- /1p ��t/� �n REQUESTED BY HAYDEN cess of securing from the I, a �+ r 1 Y j 1 t hereby cer- McILROY. City of Fayetteville a rezon- BE IT ORDAINED BY THE Ing of this real property to tify that I am the of THE NORTHWEST ARKANSAS TIMES, a daily CITY COUNCIL OF THE district R7 .5, which' was ap- news r havin a sewn crass mailing privilege, and being not less than foto pages of CITY OF FAYETTEVILLE, proved by the Fayetteville P g B (m g g P 8 ARKANSAS; Planning Commission onfive columns each, published at a fixed place of business and at a fixed (daily) intervals Section 1. That the zoneApril 11, 1994' COnt1f1U0USl m the Cit of Fayetteville, Countyof Washington, Arkansas for more than classification of the follow- It is hereby agreed that the. y y y g ing described property is Owner hereto desires to a period of twelve months, circulated and distributed from an established place of business hereby changed as follows: ,'make a declaration in the to subscribers and readers generally of all classes in the City and County for adefinite price form of this Bill of Assur- ASa1 O for the reel property'ance of the intention of for each copy, or a fixed price per annum, which price was fixed at what is considered the described in Exhibii "A" at- guaranteeing that the R1 .5 value of the publication, based upon the news value and service value it contains, that at tached hereto and made swill be developed as du- part hereof. plexes. This agreement least fifty percent of the subscribers thereto have paid cash for their subscriptions to the From A-1 , Agricultural dis- shall be binding on the dict, to R.I .S. Moderate owner of the real estate de- newspaper or its agents or through recognized news dealers over a period of at least six ' Density Residential District. scribed in the Bill of Assur- months: and that the said newspaper publishes an average of more than forty percent news . antes. and all subsequent Section 2. That the offi owners of 'said real estate, matter. tial zoning map of the Cityas such shall be covenants of Fayetteville, Arkansas, is running with the lend. y It is�)urther agreed that the I further certify that the legal notice hereto attached in the matter of hereby ngchange amended to reflect above described real prop- the zoning change provitletli l A in Section 1 above. egty shall be developed, /7 � Mrt r7 7763 PASSED AND APPROVED and Occupi sold, conveyed t t VY.t AX J 'this 3rd day of May, 1994. end occupied subject to the I APPROVED: above described covenant was published in the regular daily issue of said newspaper for By: Fred Hanna, Mayor and restriction. ATTEST: WITNESS our hands and consecutive insertions as follows: By: Sherry L. Thomas- seals on the date first City Clerk above written. EXHIBIT 'A' Hayden Mc iroy The first insertion on the X ' _ 1 ( day of 19-94— LEGAL DESCRIPTION FOR R9h1O the second insertion on the day of 19 Part of the Northwest Ouar- ;ter of the Southeast Quar- the third insertion on the day of 19 ter and 'part of the South- `wast Ouarter, Southeast Ouarter all in Section 12, and the fourth insertion on the da of 19 Township 16 North, Range y 131 Wast of the Fifth Princi- pal Meridian in Washingtom County, Arkansas and being more particularly described has follows: Commencing at the Northwest corner of ;said Northwest Ouarter, Southeast quarter thence ublisher / Gene onager south 349.60 feet, thence S 88'1011 " E 372.00 feat to� the Point of Beginning;' thence S 88010'11 " E 1001 feet. thence N 89'57'25" .E 209 . 94 feet , thence S 0606'22" W 112.99 feat. thence East 205.62 feet, .. thence S 0' 43 ' 20 " W. 404.89 feet. thence South 546. 69 feat, thence N' 58'10'05" W 141 .24 feet,- thence North 264.81 feat. thence West 94.77 feet. thence N 58' 10405 " W, 65.63 feet, thence along a. Swom l0 and subscribed before me On this I da of curve to the right which. ay of a chord bearing N 54.05'02" W 77.63 feet, .� .tW�1 �//�� thence N 50'W 246.45 feat. " 'L/"`%r 19 thence along a curve to the right which has a chord bearing N 25' W 98.62 feet. thence North 252.59 feet. thence East 53.67 feet, thence North 166.03 feet to Notary Public the Point of Beginning, con- taining 8.71 acres. BILL OF ASSURANCES My Commission Expires: ' This declaration of a Bill of i Assurance made and pub- �� OI _n fished on this 2nd day of ll JJ May. 1994, by Hayden Mcllroy. owner of real es- tate located in the City of ' Fayetteville. Washington ISS . Fees for Printing —$ Cost of Proof $ Total $