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Home My WebLink AboutOrdinance 3876 FILED FOR RECORD ' 96 AN 23 PM 2 26 :'JASHI ?JGTON CO AR K . HARIJESS ORDINANCE NO. 3876 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION R95-3 FOR A PARCEL CONTAINING APPROXIMATELY 5 .65 ACRES LOCATED ON THE WEST SIDE OF DEANE SOLOMON ROAD, SOUTH OF MOORE LANE REQUESTED BY E. H. SONNEMAN. 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: R95-3 for the real property described in Exhibit "A " attached hereto and made a part hereof. From R- 1 , Low Density Residential 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 1 above. PASSED AND APPROVED this 7th day of March 1995 . APPROVED : By : 4L4—�V� Fred Hanna, Mayor ATTEST: By : Traci Paul, City Clerk y 96004286 EXHIBIT "A" LEGAL DESCRIPTION FOR R95-3 The west half of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 33 , Township 17 North, Range 30 West, being more particularly described as follows: Beginning at a found iron pin at the Southwest Comer of Section 33 , thence N 0311 '21 " E 749.09 feet, thence S 8610'24" E 329.78 feet; thence S 03010516" W 744.01 feet; thence N 87003 ' 18 " W 330.0 feet to the point of beginning, containing 5 .65 acres more or less . 96004287 BILL OF ASSURANCE This declaration of a Bill of Assurance made this 2r /Day of February, 1995 by E.H. Sonneman and Sarah Agee P.A., dated February Z� 1995, owner of the following described real property located in the City of Fayetteville, Washington County, Arkansas: THE WEST HALF OF THE SWIA OF THE SW1/4, OF THE SWI/4 OF SECTION 33 T-17-N, R-30-W, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND IRON PIN AT THE SW CORNER OF SECTION 33, THENCE N03011'21 "E A DISTANCE OF 749.09 FEET; THENCE S86 ° 10'24"E A DISTANCE OF 329.78 FEET; THENCE S03 ° 10' 16"W A DISTANCE OF 744.01 FEET; THENCE N87003' 18"W A DISTANCE OF 330.0 FEET TO THE POINT OF BEGINNING CONTAINING 5.65 ACRES MORE OR LESS. WHEREAS, the aforesaid owner of the real property described above has secured the approval of the Fayetteville City Council to amend the Fayetteville Zoning map to rezone the above described property from R- 1 to R- 1 . 5; and WHEREAS, the owner has offered and that any development of such real property should be subject to certain covenants and restrictions pertaining to same; and WHEREAS, the owner is desirous of making a declaration of the same in the form of this Bill of Assurance with the intention of guaranteeing the preservation of certain values and amenities in the community and to bind itself, its heirs, successors and assigns and the afore-described real property and its subsequent owners with the obligations and restrictions hereinafter set forth for all present and future development and use of said property. 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: 1 . The owner agrees to limit development to a maximum of seventeen( 17) duplex lots. 2. The owner accepts stipulations of planning commission and city council that should subdivision under R- 1 . 5 fail, said property will revert back to R- 1 zoning. WITNESS my hand on this �/1Y day of 1995 Property Owner 96004288 ACKNOWLEDGEMENT STATE OF ARKANSAS ) ) ss. COUNTY OF WASHINGTON ) On this a / day of February, 1995 before undersigned, a notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within "_"name E.H. Sonneman and Sarah Agee P.A., to me personally known, who stated and acknowledged that she had so signed, executed and delivered said instrument for the Ott consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this z / day of 1995 . 1»>nn»»»n»>n»»»»nn» • Notary Public Esther M. White Notary Public, State of Arkansas ' Washington County ; My Commission Expires 12/16/04 rijj�ieeiiiiiriiriiiriiiiiiiiririNr 96004289 LETTER OF AUTHORIZATION TO : City of Fayetteville FROM : The Property Owner DATE : December 9 , 1994 SUBJECT : The rezoning , subdivision , and development of the property located ' as follows : Part of the W/ 2 of SW/4 of the SW/4 of the SW/4 of 5331 T17N , R3OW , containing 5 . 65 acres MOL . As evidenced by our signatures below , please accept this written authorization allowing WBR Engineering to sign all documentation as it relates to the rezoning , subdivision , and development of the aforementioned property . Sarah S Agee E . H . Sonneman by Sarah S . Agee PA O1Y . 96004290 Is Kslh�= Hamm, Circuit Clod( cnd Ex-officio Re*3Tjar for Washington County, Afkansas, do hsraby cortlfy that this inctnxnont vma Mad for rocord �i my office cs InWc "e4 hzraon aM Mo rima Is now duly rccyoM e i mo acImoaa- lamortcnt and ceedilouto Mareon in Racotd &w: " Flo ca indicated thercon. Iti 1:t"TNFS13 We,: ttEEOFI I have here- unto c;:: r;• -4 ani eked the seal of Bald Cou,: cn 4 �j ria !ndlcaied hareon Kathl= Hamm Cir^.,uSi Clark. a:,d 6co�C:o Recorder STATE OF ARKANSAS ss. County of Washington I. . hereby cer- tify that I am the publisher of THERTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailin -vilege, and being not less than four pages of five columns each, published at a fixed place of business and at a fixed (daily) intervals By: Traci Paul, City Clerk i continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established placeof business EXHIBIT TO to subscribers and readers generally of all classes in the City and County for adefnite price LEGAL DESCRIPTION FOR 8953 for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at The west half of-the Southwest, P Po Quarter of the Southwest least fifty percent of the subscribers thereto have paid cash for their subscriptions to the Quarter of the Southwest newspaper or its agents or through recognized news dealers over a period of at least six Quarter of Section 33, Town- ship 17 North, Range 30 West,. months; and that the said newspaper publishes an average of more than forty percent news ' Being more particularly de- matter. scribed as follows: Beginning ORDINANCE NO. 3676 at a found iron pin at thel Southwest Corner of Section I further certify that the legal notice hereto attached in the matter of AN ORDINANCE REZONING 33 thence N 03011 '21 ' E THAT PROPERTY DESCRIBED 749 .09 feet. thence S IN REZONING PETITION R95.BED 86010'24' E 32feet; ; 3 FOR A PARCEL CONTAIN- thence S 03010'16' W 744.01 ING APPROXIMATELY 5.65 feet` thence' N 87003' 18' WiI ACRES LOCATED ON THE 330.0 fee(,to the paint of be- was published in the regular daily issue of said newspaper for WEST SIDE OfDFJ1NE BOLO- ginning, containing 5.65 acres , consecutive insertions as follows: ' MON ROAD, SOUTH OF more or less. ' MOORE LANE REQUESTED BY E. H. SONNEMAN. The first insertion on the day of 19 W BE 1T ORDAINED BY THE CITY COUNCIL OF THE the second insertion on the da of 19 CITY OF FAYETTEVIIi y ARKANSAS: Section t : That the zone the third insertion on the day of 19 classification of the following described property is hereby and the fourth insertion on the changed, as follows: ,1 day of 19 de- scribed for the real property de- I ; �' �, p U `L- o'" /��%'✓Vt~ 895-3 for a real •A'property attached U� b 6 hereto and made a part here- of. � 0 From R-1 , Low Density Resi- Publisher / Ge rat Manager denial District to R-1 .5. Mod- C erate Density Residential Dis- trict. 1 FIR 1ICCttII Section 2: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided ini Section 1 above. PASSED AND AP-I PROVED this 7th day of March, 1995. I APPROVED: Sworn to and subscribed before me on this / da of By: Fred Hanna, Mayor Y ATTEST9 I 19 Notary Public My Commission Expires: «tett«cc««cccre 7"076 QJ Nora Wilma McDowell < T Public, State ofgrkansas '< x G /� Benton County ('(1 Fees for Printing $ 70l • l� iComcSc««�E Pires �� 5515 ) 10 Cost of Proof $ �� Total .$