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