HomeMy WebLinkAboutOrdinance 3866 CJD
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C/'7Co n 0 2 P L,
2 Z N T
ORDINANCE NO. 3866 rn 3 m
(A O N O
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED w o
IN REZONING PETITION R94-60 FOR A PARCEL ~
CONTAINING APPROXIMATELY 51 .40 ACRES LOCATED
NORTH OF HIGHWAY 16 WEST, AND WEST OF 54TH
STREET REQUESTED BY RICHARD BUNDRICK ON BEHALF
OF J . D. HALL.
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:
R94-60 for the real property described in Exhibit "A" attached hereto and made
a part hereof.
From A- 1 , Agriculture 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 I above.
PASSED AND APPROVED this 7th day of Februar!, 1995 .
APPROVE
By :
Fred Hanna, Mayor
ATTEST Q .
By 7
Traci Paul, City Clerk
fi
950086'76
* \
EXHIBIT "A "
LEGAL DESCRIPTION FOR R94-60
The West Half of the East Half of the Northwest Quarter of Section 11 ,
containing 40 acres, more or less; and part of the East Half of the East Half of
the Northwest Quarter of Section 11 described as follows: Beginning at a point
477 feet North of the Southwest Corner of said 40 acre tract, and running thence
North 1503 feet; thence East 330 feet; thence South 1503 feet, thence West 330
feet, more or less, to the place of beginning, containing 11 .40 acres, more or
less; all of said lands being in Township 16 North, Range 31 West, and
containing all herein conveyed 51 .40 acres, more or less.
LESS AND EXCEPT: The South 660 feet of the West Half of the East Half of
the Northwest Quarter and less and except the South 183 feet of the East Half of
the East Half of the Northwest Quarter of the above described property, having
been previously annexed to the City of Fayetteville.
LESS AND EXCEPT: A family cemetery 33 .0 feet square, in the Northeast
Quarter of the Northwest Quarter, all in Section 11 , Township 16 North, Range
31 West, more particularly described as follows : Commencing at the West
Quarter Corner of the above mentioned Section, thence .N 00"41 '01 " E 1430. 18
feet along the West line of said Section and thence S 88015'59" E 1814.34 feet
to the point of beginning; said point being the Southwest Corner of said family
cemetery; thence N 00 57'30" E 33 .0 feet; thence S 88002'28" E 33 .0 feet;
thence S 00057 '30" W 33 .0 feet; thence N 8802'28 " W 33 .0 feet to the point
of beginning, containing 0.025 acres, more or less, Washington County , Arkansas
95008677
1. KathSaan µ s. L'I UR Clerk and
Ex•o!SYr� Rtyx)r0tr for washlnatOn
Corrrry, rrr ear, do harcbY coNN 1h7:
tt+s stntuSO ver, filed for record in mY
of"w ew Ire:- "d Myon and tho same
if
y
1a troy erY and csn,iicst tha^aon In
fadgan� • as Indicated
Fscotcl t3xx and FaV
tfwreon. r, c 1 have here-
rt..FcOFed the 8631 of
unto s„! M, IL",d and 3. n.
said Court on tra dcln indtcalad nereo
KWIIt *en Harness
Ci,cuit Clerk at.
Ex-oito Recorder
CY �/V�----
MICROFILMED ord 3866
Murphy and Carlisle
Attorneys at Law MAY 2 $
16 East Spring
19
Fayetteville, Arkansas 72701 r }
John Wm. (sill) Murphy
Marshall N. Carlisle May 19 , 1995
'�^'�+►�+rre
John R. Hudson, AssociateTELEPHONE
A.C. 501-442-7572
A.C. 501-442-5431
FAX 501-442-4121
Mr , Jerry Rose
City Attorney
City Administration Building
113 West Mountain
Fayetteville , AR 72701
RE : C & B Land & Cattle Company
Richard Bundrick
Dear Mr , Rose :
Pursuant to our telephone conversation this morning ,
enclosed herewith please find a copy of the file marked copy
Of the Bill of Assurance for the above .
Sincerely ,
MURPHY AND CARLISLE
Marshall N , Carlisle
MNC/ jw
Enc .
FILED FOR RECORD
' 95 May 19 P(9 2 92
BILL -OF ASSURANCE WASNIiV �j , i. li CO AR
K . HARNESS
C & B LAND & DEVELOPMENT COMPANY , INC . , having
contracted for the purchase of the following described
property for the development of same into a residential
subdivision , hereby covenants and assures the City of
Fayetteville and the public in general that the described
property will be developed in accordance with the
requirements of the provisions of Fayetteville City Zoning
Ordinance Residential 1 . 5 and further that such development
will contain not more than and be limited to a total of 170
residential lots , to-wit :
The West Half of the East Half of the
Northwest Quarter of Section 11 , containing
40 acres , more or less ; and part of the East
Half of the East Half of the Northwest Quarter
of Section 11 described as follows : Beginning
at a point 477 feet North of the Southwest
Corner of said 40 acre tract , and running thence
North 1503 feet ; thence East 330 feet ; thence
South 1503 feet ; thence West 330 feet , more or
less to the place of beginning , containing 11 . 40
acres , more or less ; all of said lands being in
Township 16 North , Range 31 West , and containing
all herein conveyed 51 . 40 acres , more or less .
LESS AND EXCEPT : The South 660 feet of the
West Half of the East Half of the Northwest
Quarter and less and except the South 183 feet
of the East Half of the East Half of the North
west Quarter of the above described property ,
having been previously annexed to the City of
Fayetteville .
950245'73
- 2 -
LESS AND EXCEPT : A family cemetery 33 . 0 feet
square , in the Northeast Quarter of the North -
west Quarter , all in Section 11 , Township 16
North , Range 31 West , more particularly described
as follows : - Commencing at the West Quarter Corner_
of the above mentioned Section , thence N 000 41 '
01 " E 1430 . 18 feet along the West line of said
Section and thence S 880 15 ' 59 " E 1814 . 34 feet
to the point of beginning ; said point being the
Southwest Corner of said family cemetery ; thence
N 000 57 ' 30 " E 33 . 0 feet ; thence S 880 02 ' 28 "
E 33 . 0 feet ; thence S 000 57 ' 30 " W 33 . 0 feet ;
thence N 880 02 ' 28 " W 33 . 0 feet to the point of
beginning , containing 0 . 025 acres , more or less ,
Washington County , Arkansas .
All deeds , conveyances , leases or contracts made in
violation of this ageement shall be void and may be set
aside .
This agreement constitutes a covenant running with the
land and all successive future owners shall have the right
to invoke and enforce its provisions .
This agreement shall take effect and be in full force
upon the approval of the City of Fayetteville of the
subdivision according to the ordinances of the City of
Fayetteville , Arkansas .
C & B Land & Cattle Company , Inc . hereby binds its
successors and assigns .
IN WITNESS WHEREOF , we have executed this agreement
this day of May, 1995 .
C & B LAND & CAATTLE'�I COMPANY , INC .
President
zu
!l--Secre ary 95024574
- 3 -
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
BE IT REMEMBERED , That on this day before me , a notary
public , duly commissioned , qualified and acting , within and
for the said County and State , appeared in person the within
named JENNIFER C . BUNDRICK and RICHARD W . BUNDRICK to me
personally known , who stated that they were the President
and Secretary of C & B LAND & CATTLE COMPANY , INC . , a
corporation , and were duly authorized in their respective
capacities to execute the foregoing instrument for and in
the name and behalf of said corporation , and further stated
and acknowledged that they had So signed , executed and
delivered said instrument for the consideration , uses and
purposes therein mentioned and set forth .
IN TESTIMONY WHERItOF , I have hereunto set my hand and
official seal this1*44L' day of Ma 95 .
U LIC
My Commjssj ' DE?ires :
OFF'ICIAI. SEAL
JUDYA. WARD
NOTARY PUBLIC-ARKANSAS
\' .4SHINGTON COUNTY
PAY COMMIS.ION EXPIRES 01-1B-20P9
950245 '75
STATE OF ARKANSAS
ss.
East Half of the Northwest County of Washington
2-Legal Notices Quarter of the above de- '
scribed property, having
ORDINANCE NO. 9865 been previously annexed to I 1
AN ORDINANCE REZON- the City of Fayetteville. L hereby cer-
ING THAT PROPERTY DE- LESS AND EXCEPT: A tify that I am the publisher of THE ORTHWEST ARKANSAS TIMES, a daily
SCRIBED IN REZONING family cemetery 33.0 feet newspaperhavin asecond class mailing privilege,PETITION R94-60 FOR A square, in the Northeastg g prt g , and being not less than four pages of
PARCEL CONTAINING AP- Quarter of the Northwest five columns each, published at a fixed place of business and at a fixed (daily) intervals
PROXIMATELY 5 1 . 4 o Townsher.ip
all in section 11 , continuously In the Cit of Fayetteville, County of Washington, Arkansas for more than
ACRES LOCATED- NORTH Township 16 North. Range Y Y Y �' g
OF HIGHWAY 16 WEST, 31 West, more particularly a period of twelve months, circulated and distributed from an established place of business
AND WEST OF 54TH described as follows: Com-
STREET REQUESTED BY mencing at the West Quar- to subscribers and readers generally of all classes in the City and County for a definite price
RICHARD BUNDRICK ON ter Corner of the above for each copy, or a fixed price per annum, which price was fixed at what is considered the
BEHALF OF J.D. HALL. mentioned Section, thence value of the upon BE IT ORDAINED BY THE N 00.41 '01 " E 1430.18 feet publication, based u n the news value and service value it contains, that at
CITY COUNCIL OF THE along the West line of said least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
CITY OF FAYETTEVILLE, Section and thence S newspaperor itsa agents or through recognized news dealers over period of at least six
ARKANSAS: Section E 1814.34 the teat to8 8 g
Section 1. That the zone the point of beginning; said months; and that the said newspaper publishes an average of more than forty percent news
classification of the follow- point being the Southwest
ing described property is Corner of said family matter.
hereby changed as follows: cemetery ; thence N
R94-60 for the real property 00'57 '30' E 33 .0 feet;
described in Exhibit "A" at- thence S 88'02'28- E 33.0 1 further certify that the legal notice hereto attached in the matter of
tached hereto and made a feet: thence S 00'57'30" W
part her -] . 33 . 0 teat ; thence N O/7^O ' ,�^cuoj 3Eloo
From A-1 , Agriculture Dte the point
W 33.0 feet n- CIJv V ' I
trio to R-1 .5. Moderate the point of beginning, con-
Density Residential District. taining 0.025 acres, more or was published in the regular dell issue of Said news paper for
Section 2 That the offw less. Washington County. P g Y P Pe
cial zoning map of the City Arkansas consecutive insertions as follows:
of Fayetteville. Arkansas. is -
hereby amended to reflect
the zoning change provided The first insertion on the da of 19 vl�
in Section 1 above. Y
PASSED AND APPROVED
this 7m day of February,
1995, the second insertion on the day of 19
APPROVED:
By: Fred Hanna, Mayor
ATTEST: the third insertion on the day of 19
By: Traci Paul
City Clerk and the fourth insertion on the day of 19
EXHIBIT 'A'
LEGAL DESCRIPTION FOR
R5 60
The West Half of the East
Half of the Northwest Clear-
ter of Section 11 . contain- L. V E
Ing 40 acres, more or less:
and part of the East Han of Publisher / General Manager
the East Half of the North-
west Quarter of Section 11 MAR 03 1995
described as follows: Begin-
ning at a point 477 feet
North of the southwest, FINANCE DEPT
Corner of said 40 acre tract.
and running thence North
1503 feet: thence East 330
feet: thence South 1503
feet,, thence West 330 feet
more or less. to the place
of beginning, containing
11 .40 acres, more or less;'
all of said lands being in
Township 16 North, Range
31 West, and containing all
herein conveyed 51 . 40 Swom to and subscribed before me on this Cday of
acres, more or less.
LESS AND EXCEPT: The I n
l/1
South 660 feet of the West DQI n ,U A 19�
Half of the East Hell of the -
Northwest Quarter anti lessi
and except the south 183
feet of the East Half of thel
Notary Public
My Commission Expires:
0a -01 -0i
Fees for Printing
Cost of Proof $ --
Total