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Home My WebLink AboutOrdinance 3855 f lf- RD SDR RECORD 195 MRR 15 PRI 2 06 ORDINANCE NO . sass krQSHcrG ; Co AR K. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED HARNESS IN REZONING PETITION R94 -57 FOR A PARCEL CONTAINING APPROXIMATELY 10 . 74 ACRES LOCATED ADJACENT TO AND BEHIND 2036 NORTH COLLEGE , REQUESTED BY TREAVOR LAVY , 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 - 57 for the real property described in Exhibit "A" attached hereto and made a part hereof . From R- 1 , Low Density Residential District to R-O Residential -Office 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 20th day of December 1994 . APPROVED : By : /! Fred Hanna , Mayor ATTEST : By : raci Paul , City Clerk C4 ,,, ` 95012592 EXHIBIT ' A ' LEGAL DESCRIPTION FOR R94 - 57 A part of the Northeast Quarter of the Southwest Quarter and a part of the Southeast Quarter of the Southwest Quarter of Section 3 , Township 16 North , Range 30 West Washington County , Arkansas . Being more particularly described as follows : Beginning at the Southwest corner of said Northeast Quarter of the Southwest Quarter and running thence North 1 , 143 . 6 feet ; thence East 289 . 5 feet ; thence South 1615 . 6 feet ; thence West 289 . 5 feet ; thence South 1615 . 6 feet ; thence West 289 . 5 feet ; thence North 472 . 0 feet to the Point of Beginning , containing 10 . 74 acres , more or less . 95012593 C; rCJit C�ark End cX�r ?;a I4 -ordor for vyj�ehmgton Carvuy, Arkenues, ea hcfeby ce`5Y that this I-moM rmt ms ntad to record In my o":ice : i.,Lt,, ,ed heyeon and the same is novi &,iiy recNdad wan the acknow• tod tment and oertMeate thereon In Record Book end page as Indicated thereon. IN WM4ESS WHEREOF, I have here- unto set my hand and 811Ned,!he seal of gold Court on the dos ttdtoated hereon. Kathleen Harness Chcult Clark and E�;-o�ynib Rscordsr BILL OF ASSURANCE This declaration of a Bill Of Assurance made this day of December , 199, by the undersigned , owner of the real estate located in Fayetteville , Washington County , Arkansas , and described as follows : A part of the Northeast Quarter ( NE% ) of the Southwest Quarter ( S41/ ) of Section Three ( 3 ) , Township Sixteen ( 16 ) North , Range Thirty ( 30 ) west ; being more particularly described as cc follows : ui cHn 3 r 7c = s rn Beginning at a point that is South 176 . 4 feet _ o from the Northwest corner of the Northeast = Quarter ( NE1/a ) of the Southwest Quarter ( SW/ ) of said Section Three ( 3 ) and running thence m = -o S89055 ' 16 " E 289 . 5 feet ; thence North 176 . 4 Cn :3 M feet ; thence S89055 ' 16 " E 304 . 5 feet ; thence Cn r\) o South 1194 . 0 feet ; thence S34039 ' 28 " W 153 . 04 ce o feet ; thence N89055116W 507 . 0 feet ; thence m North 1143 . 6 feet to the point of beginning , containing 16 . 70 acres , more or less , City of Fayetteville , Washington County , Arkansas . Subject to any easements or right -of -ways of record . WHEREAS , the owner is desirous of making a declaration in the form of this Bill of Assurance with the intention of guaranteeing that he will not develop the above property which is rezoned as RO until such time as he has completed a street with access from the RO property to Highway 471 . It is the owner ' s intent to bind the owner ' s successors and assigns in the above-described real estate and its subsequent owners with the obligations and restrictions hereinafter set forth for all present and future development and use of said property . Page - 1 - of - 2 - Pages 95012594 NOW , THEREFORE , the owner declares that the above described real property shall be held , developed , transferred , sold , conveyed and occupied subject to the covenants and restrictions herein set forth : I . Owner shall construct , at owner ' s expense prior to the development of the RO property a city street providing access from the property 7. nnerl Rn to Highway 471 . Should owner fail to properly construct said improvements , the City shall have the right to construct the improvements and charge the cost thereof to owner . Said cost shall constitute a lien on the property above -described and the City shall have the right of foreclosure by public sale without the necessity of court proceedings . WITNESS my hand this � 3day of December , 1994 . e or WEavy ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss COUNTY OF WASHINGTON ) On this the c�3�0 day of December , 1994 , before me , a Notary Public , personally appeared Trevor L . Lavy , known to me ( or satisfactorily proven ) to be the person whose name is subscribed to the foregoing instrument and acknowledged that he had executed the same for the purposes therein set forth . " ' ""' •,,ti IN WITNESS WHEREOF , I hereunto set my hand and offi.�: i* Nero le this Q !3 day of December , 1994 . �' Q' 'V- Notary Piarl l� Q �� My Commission Expires : ■ J. Hopper Page - 2 - of - 2 - Pages Notary Public, State of Arkansas , Benton Coanty `rM`Com rrrrrrrrrErrrrrrrrrOr9rrr6104 95012595 I. %wr��i« i• , i-isr.x„ L't:�ttit u;;tu ;;;i�� „ '. ./,i<: i4•-..'w.YL^i for 61` abincWn S.-•�K7', •i!k:F w h1fi. Gu !3C\.�j Vin:�7i✓ fist R'Y;n'Tl h nl� o` ir* rvm, nn a0.n�d ptn s3ma Is .;Jfi GLY c.»L 7 'rih `IN acknoW Ic,d`dt+M: nt andrt'�,a t1jam IonIn R^xtt7Z;t and F'mgo as Ina'lOsted ' !haraon. j.=`�•+� * IN Yd'iTP'`cSS ; �«tE4?cC:!=, I h unto sat my hand end af;?rad !Iso c ha:o .d. svk9 Coud on o)" seal off Kath!aan Hameos L> G b Cin-AM Clark Elrod ` y �-±iexrdor STATE OF ARKANSAS ss. County of Washington �/1 ,.,,, I, ✓& l Q4 hereby cer- tify that I am the publisher of IM NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of ORDINANCE NO. 3655 five Columns each, published at a fixed place of business and at a fixed (daily) intervals N ORDINANCE REZON- ING y iny y County g- ING THAT PROPERTY DEcontinuous) the Cit of Fayetteville, Coun of Washington, Arkansas for more than SCRIBED IN REZONING aperiod of twelve months, circulated and distributed from an established place of business PETITIONFOR to subscribers and readers ll of all classes in the Ci and Count for adefinite price PARCEL CONTAINING A A' generally City y PROXIMATELY 1 0 . 7 4 for each copy, or a fixed price per annum, which price was fixed at what is considered the ACRES LOCATEDADJA- CENT TO AND BEHIND Po value Of the publication, based n the news value and service value it contains, that at ND P caton, u 2036 NORTH COLLEGE. least fifty percent of the subscribers thereto have paid cash for their subscriptions to the REQUESTED BY TREAVOR ILAVY. newspaper Or its agents or through recognized news dealers over a period of at least six BE IT ORDAINED BY THE months; and that the said newspaper publishes an average of more than forty percent news CITY COUNCIL OF THE mallei,. CITY OF FAYETTEVILLE: ARKANSAS: Sclassific i rnat the zone 1 further certify that the legal notice hereto attached in the matter of assion 1. n of the fozow- herdescribed property is oed I� hereby changed as follows: , 1 , (CJL R94-57 for the real property described in Exhibit "A" at., I to hereto and made a was published in the regular daily issue of said newspaper for partrt hereof. From R-1 , Low Density Re- consecutive insertions as follows: sidential District t0 R-O Residential-Office District. Section 2.. That the oft- The fust insertion on the _ �' )' \lX.t. l day of 19 f zoning map of the City o of Fayetteville. Arkansas, is hereby amended to reflect the second insertion on the da of 19 the zoning change provided y in Section 1 above. PASSED AND APPROVED the thud insertion on the da of 19 this 20th day of December, y 1994. APPROVED: and the fourth insertion on the da of 19 By: Fred Hanna y Mayor ATTEST: \_ By: Traci Paul City Clerk � EXHIBIT LEGAL DESCRIPTION FOR R94-67 g A part of the Northeast RECEIVED Publisher / General Manager Quarter of the Southwest Quarter and a part of the Southwest Quarter Of the MAR 15 1995 Southwest- Quarter of tion 3, Township 16 North, Range 30 West Washington r p! ^ County, Arkansas. Being Int �. pij r)�D�, more particularly described: Sworn to and bscribed before me on this I day of 19� Notary Public My Commission Expires: n Oq 0 -0I Fees for Printing $ (U G. q0 Cost of Proof $ Total $ (n6 46�