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Home My WebLink AboutOrdinance 3934 FILED FOR RECORD " 95 OCT 26 Pn 2 21 WASHINGTON CO AR K • HARNESS ORDINANCE NO. 3.43_4_ AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ95-36 FOR A PARCEL CONTAINING APPROXIMATELY .37 ACRES LOCATED AT 1625 GILES ROAD, SUBMITTED BY MELANIE STAFFORD ON BEHALF OF GAYLIA S. DALTON SUBJECT TO THE BILL ASSURANCE OFFERED TO LIMIT DENSITY AND EXPANSION OF EXTERIOR WALLS. 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: RZ95-36 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, subject to the Bill of Assurance offered to limit density and expansion of exterior walls. Said Bill of Assurance is attached hereto as Exhibit "B" and made a part hereof. 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 17th day of October, 1995 . APPROVED' By: red Hanna, Mayor ATTEST: By: Traci Paul, .City Clerk Ilq I it 95057825 EXHIBIT "A " LEGAL DESCRIPTION FOR RZ95-36 A part of the Northwest Quarter of the Northeast Quarter of Section 7, Township 16 North, Range 30 West of the 5th P.M . , and being more particularly described as follows: Beginning at a point which is 215 .39 feet East and 334 .04 feet South of the Northwest corner of said 40 acre tract, and running thence S 8941 '02" E 105 .72 feet; thence S 018'58" W 154. 17 feet; thence N 8941 '02 " W 100.75 feet; thence N 01 31 '40" W 154.25 feet to the point of beginning and containing 0.37 acres, more or less. 9505 X826 EXHIBIT B BILL OF ASSURANCE This declaration of a Bill of Assurance made this 27th day o1 September, 1995, by Gaylia S . Dalton, owner of the following described real property situated in the City of Fayetteville, Washington County, Arkansas. A part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section Seven (7) , Township Sixteen (16) North, Range Thirty (30) West of the 5th P.M. , and being more particularly described as follows: Beginning at a point which is 215. 39 feet East and 334 .04 feet South of the Northwest Corner of said 40 acre tract, and running thence South 89 degrees 41 minutes 02 seconds East 105. 72 feet; thence South 0 degrees 18 minutes 58 seconds West 154. 17 feet; thence North 89 degrees 41 minutes 02 seconds West 100. 75 feet; thence North 1 degree 31 minutes 40 seconds West 154.25 feet to the point of beginning and containing 0.37 acre, more or less. Said tract is bounded on the East by Giles Street and the South by Anne Street , and on the North by an old, long established fence line. WHEREAS the aforesaid owner of the real property described above has secured the approval of the Fayetteville City Planning Commission and is seeking the approval of the Fayetteville City Council to change the zoning of the above described .37 acre tract (thus amending the Fayetteville zoning map) from R-1 to R-1 .5 and WHEREAS the owner has offered and agreed to limit the number of units to no more than three (3); and to restrict repairs and improvements to within the existing exterior walls and not to expand outside the existing structure, and WHEREAS , the owner is hereby 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 integrity in the neighborhood and community, and to bind herself, her heirs, successors, and assigns and the aforedescribed real property and its subsequent owners with the obligations and restrictions F hereinafter set forth for all present and future development and use of said- property. NOW, THEREFORE, the owner declares that the above described property, also known as 1625 Giles Road, Fayetteville, AR, shall be held, developed, transferred, sold, conveyed and occupied subject to the above declaration and covenant of restrictions, by her signature below . 27 f/, Witness my hand on this day of , 1995. 95057827 Property owner, Gaylia S . Dalton ACKNOWLEDGMENT On this 27th day of September, 1995 before me, the undersigned, a duly commissioned notary public, qualified and acting within and for the County and State, appeared in person the within named Gaylia S . Dalton, to me personally known, who stated that she was the property owner, and was duly authorized in her respective capacity to execute the forgoing instrument . In witness of her signature, I am: My commission expires: �ily/¢ . / F ()97l/ - Zai 3 Notary Public ti .• 1. E L - .. y• i ` ri A .'' ttom "•� � . F ,y • 4 •� ' . .C4 � ' C' 9505'7828 C. I, Katt b� F�rs*°oa G n Coum, ;,,racr,�r� , in tr+ci►Y that ra�xfd 61 M trjrnrtfi- ts nom d.4q ♦�cLSld r�LY LL7.i {'"-Y*= L't3 Mb3tad thercvl* r �*1sLiP��OF, I M03 beta' IN L`Ji fFl. 9� : . , u .Od the seal of unto esY mq txr^� M' said Cou1 on M CkAJ i tigrri�fl Kaft"n Hamaw Circuit Cie* Exoffido eY �-' STATE OF ARKANSAS ss. County of Washington �,,n ORDINANCE NO. 8830 j ((// ereby cer- AN ORDINANCE REZONING THAT PROPERTY DESCRIBED tify that I am the pix fisher o6fHE NCOIFIWEST ARKANSAS TIMES, a daily IN REZONING PETITION newspaper having a second class mailing privilege, and being not less than four pages of CONTAINING FOR A PARCEL , five columns each, published at a fixed lace of business and at a fixed (daily) intervals CONTAINING APPROX- P P � Y) IMATELY .37 ACRES LOCAT continuously in the City of Fayetteville, County of Washington, Arkansas for more than ED MI 1625 GY MELANIE ROAD. , a period of twelve months, circulated and distributed from an established lace of business SUBMITTED I S ROAD. P STAFFORD ON BEHALF OF to subscribers and readers generally of all classes in the City and County for a definite price GAYLIA S DALTON SUBJECT for each copy, or a fixed price per annum, which price was fixed at what is considered the TO THE BILL ASSURANCE OFFERED TO LIMIT DEN. KTY ! value of the publication, based upon the news value and service value it contains, that at AND EXPANSION OF EXTERI- � least fifty percent of the subscribers thereto have paid cash for their subscriptions to the I OR WALLS. 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 ublishes an average than for CITY COUNCIL OF.,TNEIP $ typereen[news CITY OF FAYETTEVILLE; matter. ARKANSAS: 1. d ,J r. Section t : That the zone) I further c rtifyy that gthe , legal notice hereto a ched in the matter of classification of the following changed a property is hereby changed as follows: RZ95-36 for the real propertyl described in Exhibit 'A' at- was published in the regular daily Issue of said newspaper for tache8-hereto and made a consecutive insertions as follows: pan hereof. From R-1 , Low Density resi-; The first insertion on the 7CQ day of 19 denial District, to R-1 .5. Mod- erate Density Residential Dis- trict, subject to the Bill of As-' the second insertion on the day of 19 surance offered to limit densi- ty end expansion of exterior walls. Said Bill of Assurance I the third insertion on the day of 19 is attached hereto as Exhibit 'B' and made a part hereof. Section 2: That the official and the fourth insertion on the day of 19 , zoning map of . the City of Fayetteville, Arkansas, is hereby amended to reflect the Izoning change provided in Section l above. OCT 2 G i9 . 5 ' PASSED AND AP- I Pohl i er / General Manager PROVED this 17th day of Fl.N 11111�r R.rpT• October. 1995 i V11C G Ur 7 I APPROVED: 1 By: Fred Hanna I Fred Hanna, Mayor ATTEST: By: Traci Paul Traci Paul, City Clerk EXHIBIT 'A' LEGAL DESCRIPTION FOR RZ95-3 / RZ95-36 A part of the Northwest Ouar- Swom to a subscribed before me on this day of ter of the Northeast Ouelt� of Section 7, Township t6 firth, /Jia d> 19 (/�7L✓-, 1Range 30 West of me '51h ' P.M., and being more Bich Be- ginning s �i+✓� lady described as follows: Be- 215.3 g at a point which is 215.39 feet f the and 334.04 1 Northwest feel South of the Northwest corner of said 40 acre tract, Notary Public and running thence S , 89°41 '02' E 105.72 feet: tttCttCttU(t«ttltt(t(CtttRtttttS( Ihence. S 0018'58' W 154. 171 My Commission Expires: r feet; thence N 89°41 '02' W '1 t Wilma McDowell ` too.75 feet, mance N ' � -a? � - �J >; Notary Public, Slate ofArkansus 01°31'40' W 154.25 feet to the point of beginning and con- I ((c Benton County r lein,ng 0.37 acres, more or ^y^ <i ((CMy Commission Expires 07/25FU5 r , less. QlAc(tCCCCCICCCCKCCCCCCCCCCCCCCCCCII Fees for Printing $ V_ / Cost of Proof $ p Total $ O . 7