HomeMy WebLinkAboutOrdinance 3786 F91_-ED FO*R RECORB •
' 94 MRY 5 AM 8 05
WASHINGTON CIYAR
A . KOLLMfYEq
ORDINANCE NO. 3 -786
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION R94- 18 FOR A
PARCEL CONTAINING APPROXIMATELY 35 . 83 ACRES
LOCATED ON THE NORTH SIDE OF 6TH STREET, WEST
OF DINSMORE TRAIL, REQUESTED BY LULA MAE
HURLBURT & MARY HOLLAND.
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- 18 for the real property described in Exhibit "A " attached hereto and made
a part hereof.
From A- 1 , 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 I above.
PASSED AND APPROVED this 3rd day of May 1994.
APPROVED:
By : 4 411� ,i
Fred Hanna, Mayor
ATTEST:
By :
Sherr . Thomas, City Clerk
` 94027099
Exhibit "A "
LEGAL DESCRIPTION FOR R94-18
A part of the Southwest Quarter of the Northeast Quarter and a part of the
Northeast Quarter of the Southeast Quarter of Section 24, Township 16 North,
Range 31 West, being more particularly described as follows, to-wit: Beginning
at a point which is 289.0 feet North of the Southeast corner of said Southeast
Quarter, Northeast Quarter, and running thence West 150 feet, thence S
7348'51 " W 1217.58 feet to the West line of the Northeast Quarter, Southeast
Quarter, thence N 0002531 " W 1371 . 18 feet to the Northwest corner of the
Southeast Quarter, Northeast Quarter, thence N 89 ` 58'52 " E 1320.32 feet,
thence South 1032.21 feet to the point of beginning. Containing 35 .83 acres,
more or less.
94027100
BILL OF ASSURANCES
This declaration of a Bill of Assurances made and published on
this / g H day of , � , 1994 , by Don and Linda
Dingledine and Johnny Selph , owners of real estate located in the
City of Fayetteville , Washington County , Arkansas , and more
particularly described as follows :
SEE ATTACHED EXHIBIT A .
The aforesaid owners of the real property are in the process
of securing from the City of Fayetteville a rezoning of this real
property to district R-2 , which was approved by the Fayetteville
Planning Commission on April 11 , 1994 .
It is hereby agreed that all parties hereto desire to make a
declaration in the form of this Bill of Assurance of the intention
of guaranteeing that the density of development will be no more
than 15 units per acre . This agreement shall be binding on the
owners 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 descr lied reaUREMOy3f, ;;
shall be developed , transferred , sol$.9
jj s/Nv�h u� �� . . • J
W/st1YfRi�nS�dsRfg3 Peril ,I
16 ViD 001 701 1iJ14011
subject to the above described covenant&d1r tAfe#kftabc ob ,9111tyjio�.i 7
VW at bVM-1 to at salognot 7o tsxywua
of t7a9g4s smea *do be* s91719
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94027101
J
it Alan Rohm yar, Ctrcalt CloA one
Ex-offldo Rcccrebr fc, WmL.: ncron Count
Arkonsa-., & %,, -:; ' �r-ify that this In-
ehument was f -' - - cord in my office
D4 Indicated h.. in th. some is now
CERTMCATR OF $aC4BD duly reccrwd •;::h ttie acknowledgement
.State of Arltanaes end cerl;'ka:a ''m,"n in Rccord Book am
City of Fayetteville Pogo as ir.c:r, � 1i Wercan.
L Sherry Thonnop Cit) C and Elio IN VTN: % ViLtRcCF, I have herounto
Officto recorder ter the City of lot my hard ord cffih d the seal of sold
Fayettevl0et do herebyeerft that the Court odab indicated the daindicated horean.
annexed a tompinf of aam In nq
office Asad the some appears in Alma K°umayer
Ordeattae ♦ Resolution boot XNii at Orcult Clerk and
page / Jof 0 Wltow my hand IN 6r-officio Recordor
19 a day of
1 97 by
City Clerk And Kleollicle bee"der
1 1 t
WITNESS our hands an ealhe date first above written .
DonbDingledi
G✓
C
fIndA Dingledine
John y Selp
-i JG
Lula Mae Hurlburt
Mary Holand
OX
ACKNOWLEDGMENT
STATE OF ARKANSAS )
) ss .
COUNTY OF WASHINGTON )
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 , Don and Linda Dingledine
and Johnny Selph , personally known 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 .
IN WIT S WHEREOF , I ha here_ to set my hand and official
seal this day of
NOT Y PUBLIC
My�mmission Expires Expires :
'ice �.•�'�� Ro
A .R� ABi
roc �pIANY ya
PUI03
9ipy � . 14 .. 4
ACKNOWLEDGMENT
STATE OF C�,v]1]/, )
COUNTY OF QC ) ss '
BE
)
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 , Lula Mae Hurlburt ,
personally known to me to be the person subscribing to the
foregoing Bill of Assurances , and who stated to me that she had
executed the same for the purposes and considerations therein
contained .
IN WITNESS WHEREOF , I ha here}' nto set my hand and official
seal this r , day of _ f� I; , 1994 .
�NOTARY PUBLIC
My Commission Expires : e1� P RO
04% OeBy��.
G • iu . a�� a � Na� ARy N
ACKNOWLEDGMENT PUBS-�G
STATE OF ARKANSAS 0 . 1 4
) ss . �N(itpp�• p�dJ�l��
COUNTY OF WASHINGTON )
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 , Mary Holland , personally
known to me to be the person subscribing to the foregoing Bill of
Assurances , and who stated to me that she had executed the same for
the purposes and considerations therein contained .
IN WITNES WHEREOF , I ha herto set my hand and official
eu
seal this / day of , 1994 .
NOTARY PUBLIC
My Commission Expires :
NOT '41 Ff 4
C 1 C
s U
•• COUWt t, * .
I ,k . jn1; ,% lI IV%
It
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1riIIJ
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LEGAL DESCRIPTION :
�;IP111 14,
")
A part of the Southeast Quarter (SE } ) of the Northeast Quarter ' (NEI ) and yi
a Part of the Northeast Quarter (NEI ) of the Southeast Quarter .,(SEI ) of
Section Twenty Four ( 24) , Township Sixteen (16) North , . Rangs Thirty, One. ' . >; - "+s `�
(31) West , being more particularly described as follows , To-Wit ::?;;;. '
Beginning at a point which is 289 . 0 feet North of the Southaast . coiner '
of said Southeast �1
Quarter (SE} ) , Northeast Quarter '. (NEI,) , .and- running
thence West 150 feat , thence S73 °4815111W 1217x58 feet to the Weet'Alinn t ;°
of the Northeast Quarter (NE} ) , Southeast Quarter ( SEI ) , thence ' N00°02 ' 31"W ;: ° ' '•
1371 . 18 feet to the Northwest corner of the Southeast Quartar '• (SEI ) ,' Northeast ',;
Quarter (NEI ) , thence N89058 ' 52"E 1320 . 32 feat , thence South 1032 . 21 feet
to the point of beginning . Containing 35 . 83 acres , more or
EXHIBIT
A
STATE OF ARKANSAS
ORDINANCE E EZO BILL OF ASSURANCE
fN ORDINANCE REZO E_ This e....declaration of a Bill of. �-
hIyG THAT PROPERTY DE- gssurences made and pub- County of Washington
�SCfile ED IN REZONING' lished on this 18th day of :yam , mon
PETITION R94A6 FOR - April, 1994, le Don and
PARCEL CONTAINING AP- Linde Delph. owners e
and I, 1 lJ1X't herebycer-
ACRES
LOCATED
N THE Johnny Selph, owners of of that I am the publisher of T NORTHWEST ARKANSAS TIMES, a daily
ACRES LOCATED ON THE real estate located in the y
NORTH SIDE OF 8TH City of Fayetteville . newspaper having a second class mailing privilege, and being not less than four pages of
STREET, WEST Q DINS- seashin d County, A kan-
laxly five columns each, published at a fixed place of business and at a fixed (daily) intervals
MORE TRAIL. REQUESTED Washington
and more patticularly
BY LULA MAE HURLBURT described as follows: continuously in the City of Fayetteville, County of Washington, Arkansas for more than
& MARY HOLLAND. SFE ATTACHED EXHIBIT
Aa period of twelve months, circulated and distributed froman established place of business
BE IT ORDAINED BY THE The aforesaid owners of to subscribers and readers generallyofallclasses in the City and County for adefmite price
CITY COUNCIL OF THE the real property are in the
CITY OF FAYETTEVILLE, process of securing from for each copy, or a fixed price per annum, which price was fixed at what is considered the
('ARKANSAS: the City of Fayetteville a re- value of the publication, based upon the news value and service value it contains, that at
zoning of this real property ,
Section 1. That the zone to District R-2. which was least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
classification of the fouow- approved by the Fayetteville newspaper or its agents or through recognized news dealers over a period of at least six
ing4describecl property is Planning Commission . on ' months; and that the said news a r ublishes an average of more than fort percent news
hereby changed as follows: April 11 , 1994. P Pe P $ forty
It is hereby agreed that all matter.
R94-18 for ithe real property parties hereto desire to
described In Exhibit 'A" at- make a declaration in the
tacn'ed hereto and made a form of this Biu of Assur- I further certify that the legal notice hereto attached in the matter of
Pall hereof, ante of the intention of ,,e1 ✓1 /t ! 3-78(o
Q/ ,.,
guaranteeing that the den- n(Zd( f Anc L -7 (o
Ai
From A-1 . Agricultural Dis-
sityguaranteeing
of development that t will s-
trict, to R-2. Medium Den- no more than 15 units per.
sity Residential District. acre. This agreement shall. I
be binding on the owners was published in the regular daily issue of said newspaper for
Section 2- That the offl- of the real estate described
tial zoning map of the City in the Bill of Assurances, consecutive insertions as follows:
of Fayetteville. Arkansas, is and owners of the real as-
hereby amended to reflect tete described in the Bill of ^ '
the zoning change provided Assurances, and an subse- The first insertion on the dayof 19
in Section 1 above. quent owners of Said real
PASSED AND APPROVED estate. as such shall be co-
this 3rd day of May, 1994. venants running with the the second insertion on the
APPROVED: land. day of l9
By: Fred Hanna. Mayor It is further agreed that the
ATTEST: above described real prop-
By: Sherry L. Thomas arty shall be developed. the third insertion on the day of 19
City Clark transferred. sold, conveyed
Exhibit -A- and occupied subject to the and the fourth insertion on the day of 19
LEGAL DESCRIPTION above described covenant
FOR R94-18 and restrictions.
A part of the Southwest
Quarter of the Northeast I.
Dustier and a part of the R E C E I V ` U
Northeast Quarter of the
Southeast Quarter of Seo- Publisher I General Manager
tion 24. Township 18 North.
Range 31 West, being MAY 1 8 1994
more particularly described'
as follows. to-wit: Begin-
ning at a paint which Is FINANCE DEPT.
289.0 teat North of the
Southeast corner of said
Southeast Quarter, North-
east Quarter, and running
'
thence West 150 foal,
thence S t to the
st
line of
feet rt the Wast
line of the Northeast Quar-
ter, Southeast Quarter.,
thence a Oto the 1 ' W.
west c feet to the North-
wast comer of the Soatn-. Swum to and subscribed before me on this day of
east Quarter, Northeast
Quarter . thence N ��y��/�y,,� ' o
89.58'52' E 1320.32 feet, I r LJIJ`1- 19
thence South 1032.21 feat
to the point of beginning.
Containing 35.83 acres.
more or less.
Notary Public
My Commission Expires:
Fees for Printing —$ 143 . !(�o
Cost of Proof $
Total $ f3 • 10cp
