HomeMy WebLinkAboutOrdinance 3810 RECORD ' 94 JUL 22 fln 10 44 WASRIld6 vN CO AR A . KOLLMEYER ORDINANCE NO. -Aai n AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION R94-35 FOR A PARCEL CONTAINING APPROXIMATELY 8.24 ACRES LOCATED ON THE SOUTH SIDE OF ZION ROAD, WEST OF OLD MISSOURI ROAD, REQUESTED BY JERRY SWEETSER. 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: R94-35 for the real property described in Exhibit "A " attached hereto and made a part hereof. From R- 1 . 5, Moderate Density Residential District, to R-2, Medium Density Residential District. Vk" 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 19th day of July 1994. APPROVED: GBy: // G�Y�✓ red Hanna, Mayor ATTEST: By : Sherryt. Thomas, City Clerk VV 4M L :.,:. 11 94044367 ,r EXHIBIT "A" LEGAL DESCRIPTION FOR R94-35 Part of the Northeast Quarter of the Southwest Quarter of Section 24 in Township 17 North of Range 30 West, described as follows, to-wit: Beginning at the Southeast corner of the Northeast Quarter of the Southwest Quarter of Section 24, Township 17 North, Range 30 West, thence N 0034' W 495 feet, thence S 8926' W 725 . 5 feet, thence S 0034' E 495 feet, thence N 8926' E 725 .5 feet to the point of beginning, containing 8 .25 acres, more or less. 94044368 BILL OF ASSURANCES This declaration of a Bill of Assurances made and published on this day of July , 1994 , by Jerry Sweetser , owner of real estate located in the City of Fayetteville , Washington County , Arkansas , and more particularly described as follows : SEE ATTACHED EXHIBIT A . The aforesaid owner of the real property is 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 June 27 , 1994 . It is hereby agreed that the Owner hereto desires to make a declaration in the form of this Bill of Assurance of the intention of guaranteeing that the R-2 will be developed with no more than 366 units . This agreement shall be binding on the owner of the real estate described in the Bill of Assurance , and all subsequent owners of said real estate , as such shall be covenants running with the land . If is further agreed that the above described real property shall be developed , transferred , sold , conveyed and occupied subject to the above described covenant and restriction . WITNESS our hands and seal7erry date firs a writt f ts r 94044369 STATE OF ARKANSAS ss. County of Washington ',1 'tom ORDINANCE NO. 3610 I• 4 'O 101 hereby cer- AN ORDINANCE REZON- tify that I am the publisher of E NORTHWEST ARKANSAS TIMES, a daily SC THAT PROPERTY DE-NG news a r havin a second class mailin rivile a and being not less than four pages of SCRIBED IN REZONING P Pe 8 BP � B PETITION R94-35 FOR A _ five columns each, published at a fixed place of business and at a fixed (daily) intervals PARCEL CONTAINING AP- City of Fayetteville a rezon- continuously in the City of Fayetteville, County of Washington, Arkansas for more than PROXIMATELY 6.24 ACRES ing of this real properly to a period of twelve months, circulated and distributed from an established place of business LOCATED ON THE SOUTH district R-2, which was ap- SIDE OF ZION ROAD . proved by the Fayetteville to subscribers and readers generally of all classes in the City and County for a definite price WEST OF OLD MISSOURI Planning Commission on , for each copy, or a fixed price per annum, which price was fixed at what is considered the ROAD, REQUESTED BY June 27, 1994. JERRY SWEETSER. It is hereby agreed that the value Of the publication, based upon n the news value and service value it contains, that at BE IT ORDAINED BY THE Owner hereto desires to least fifty percent of the subscribers thereto have paid cash for their subscriptions to the CITY COUNCIL OF THE make a declaration in the CITY OF FAYETTEVILLE, form of this Bill of Assur- newspaper or its agents or through recognized news dealers over a period of at least six ARKANSAS: ante of the intention of months; and that the said newspaper publishes an average of more than forty percent news Section 1. That the zone guaranteeing that the R-2 classification of the follow- will be developed with no matter. ing ,described property is more than 366 units. This hereby changed as follows: agreement shall be binding R94-35 for the real property on the owner of the real I further certify that the legal notice hereto attached in the matter of described in Exhibit "A" at- estate described in the Bili tart h hereto and made a of Assurance, and all d real i(1�� N � n ?/ O Pert hereof. quant owners of said real _ (J f , {tJC_/ a From Residential ill District, Den- estate, as such shall be he / sity R eiiumial District, to land.variants running with the R-2, Medium Density Resi- land. was published in the regular daily issue of said newspaper for dential District. If is further agreed that the consecutive insertions as follows: Section 2. That the official above described real prop- zoning map of the City of arty shall be developed, Fayetteville, Arkansas, is transferred, Bold, conveyed hereby amended to reflect and occupied'subject to the The first insertion on the dayof 19 the zoning change provided above described covenant in Section 1 above. and restriction. PASSED AND APPROVED WITNESS our hands and the second inser tion on the day of 19 this 19th day of July, 1994. seals on the date first APPROVED: above written. By: Fred Hanna, Mayor Jerry Sweetser the third insertion On the day of 19 ATTEST: By: Sherry L. Thomas City Clerk and the fourth insertion on the day of 19 EXHIBIT 'A' LEGAL DESCRIPTION FOR SCRIP Part of the Northeast RECEIVE Quarter of the Southwest Quarter of Section 24 in Publisher General Manager Township 17 North of Range 30 West, described AUG 0 2 1994 as follows, to-wit: Begin- ning at the Southeast cor- ner of the Northeast ) Quarter of the Southwest FINANCE DEPT Quarter of Section 24, Township 17 North . Range 30 West, thence N O034'W 495 feet, thence S 89026'W 725.5 feet, thence S 0434'E495 feet, thence N89'26'E725.5 feet to the point of beginning, con- taining 8.25 acres, more or less. BILL OF ASSURANCES Swom to and subscribed before me on this day of /^\ � This declaration of a Bill of � 19 (^-/ Assurances made and pub- uly. on this 22nd day JU ely. 1994, by Jerry Sweet- t- ser, owner of real estate Io- cafein the City Fayette- ville. Washingtonn County, Arkansas, and more pariicu- Rotary larly described as follows: SEE ATTACHED My Commission Expires: EXHIBIT A pr9 D/ _!/ The aforesaid owner of the real property is in the pro- cess of securing kora the Fees for Printing $ 130 Cost of Proof $ Total $ , 9 ACKNOWLEDGMENT STATE OF ARKANSAS ) ) SS . COUNTY OF WASHINGTON ) BE IT REMEMBERED , that on this day came before the under - signed , a Notary Public , duly commissioned and acting within and for the County and State aforesaid , Jerry Sweetser , 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 Witness Whereof , I have hereunto set my hand and official seal this' / 9 day of 1994 . , NOTARY PUBLIC My Commission Expires : oao i r 4p•lnlll pjll• V4 44370 t, Alma Kollmeyer, Circuit Clerk and Aa; for Vlachin9ton County' Fjpaffic" �cccr., io.l ccrtiN that this in- Arkans S' da bore office ;;rumcnt s':as f".:d it rccard in 0 as ins now dicc'cd h'Pcan and :as samo ieme t duly recorded wish t'.ia ccKnawI d3 and certiiicato thc:eon in P.ecord gook and as indiccted fncra Page an. IN yll7!�= \4'n-n"JF, I have hereunto 'mY and affixed tho sea set t of tow o-hand n tho data indicated heroat► Alma Kolimeyet Circuit Clerk and b afficioRecudar . ' li i