HomeMy WebLinkAbout15-86 RESOLUTION15-86
RESOLUTICG NO.
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CTFRK
TO EXECUTE A RELEASE OF A BILL OF ASSURANCE EXECUTED
FEBRUARY 14, 1978 BY JAMES E. LINDSEY AND NITA
V. LINESEY.
BE IT RESOLVED BY THE BOARD OF DIRECIORS OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
That the Mayor and City Clerk are hereby authorized and directed
to execute a release of the Bill of Assurance executed on February
14, 1978 by James E. Lindsey and Nita V. Lindsey. A copy of the release
authorized for execution hereby is attached hereto marked Exhibit
"A" and made a part hereof.
PASSED AND APPROVED this 21st day of January
; 4).
, • -AT-TES
V
f1.
'•
1 e• 1"
•"
IP
••
•
e
.4% o x rst
, 1986.
4
RELEASE
WHEREAS, James E. Lindsey and Nita V. Lindsey executed a Bill
of Assurance dated January 14, 1978, a copy of which is attached hereto
marked Exhibit "A" and made a part hereof; and
WHEREAS, City sewer has now been provided to the property described
in said Bill of Assurance.
NOW, THEREFORE, the City of Fayetteville, Arkansas hereby releases
all of the real property described in said Bill of Assurance from
the covenants contained therein.
DATED this 21st day of January
ATTEST
, 1986.
CITY OF 2YEflEVILLE. SAS
Mayor
BILL OF ASSURANCE
OF
JAMES E LINDSEY AND NITA V. LINDSEY, HUSBAND AND WIFE
This declaration of_a Bill of Assurance made this. 14th
•
February
day of
, 1978, by James E. Lindsey and
Nita V. Lindsey, husband and wife, owners of the following
described real estate located in the City of Fayetteville,
Washington County, Arkansas, and more particularly described as
follows, to -wit:
An undivided one-third (1/3 interest in the following:
A part of the Northeast Quarter (NE 1/4) of the South-
east Quarter (SE 1/4) of Section Twenty -Four (24),
Township Seventeen (17) North of Range Thirty (30)
West of the Fifth Principal Meridian, being more
particularly described as follows: Beginning at a
point which is 953.40 feet East of the Sothwest
corner of said forty acre tract, thence North 1
degree 50 minutes West 829.03 feet to the South right-
of-way line of Zion Road; thence East along said
right-of-way line to the East line of said forty acre
tract; thence South to the Southeast corner of said
forty acre tract; thence West to the point of beginning.
AND the West half (W 1/2) of the Southwest quarter (SW 1/4)
of Section Nineteen (19) in Township Seventeen (17) North
of Range Twenty-nine (29) West of the 5th P.M. contain-
ing 81.45 acres, more or less. LESS AND EXCEPT: A part
of the Southwest quarter (SW 1/4) of Section Nineteen in
Township Seventeen North of Range Twenty-nine West of the
5th Principal Meridian more particularly described as
follows: A strip of land one hundred (100) feet in width
being fifty (50) feet either side of a line surveyed by
th&Arkansas State Highway Commission as follows. The
survey line described as running from P.C. State 136A-29.0
as per plat attached hereto, marked Exhibit "A" and made
a part hereof; thence running in a northeasterly direction
along a 6 degree 00 minute curve to the right a distance
of 336 feet for a point of beginning; thence around said
6 degree 00 minute curve a distance of 586.2 feet to P.T.
Station 145+ 51.2; thence North 20 degrees 13 minutes
East a distance of 1,364.3 feet to P.C. Station 159. + 15.5
Also, a strip of land eighty (80) feet in width being forty
(40) feet either side of a line surveyed by the Arkansas
State Highway Commission as follows: Beginning at P.C.
Station 159-h 15.5; thence running a northerly direction
along a 4 degree 00 minute curve to the left a distance of
648.3 feet to Equation P.T. Station 162 + 63.8 Back Sta-
tion 162 + 29.5 ahead.
WHEREAS, the aforesaid owners of the real property described
above have secured the approval of the Fayetteville City Board of
Directors to amend the Fayetteville zoning map to rezone the
above described property to 0-1, R-0, and R22 Districts; and
WHEREAS, the owners have promised and agreed to subject the
development of said real estate pursuant to certain covenants and
restrictions pertaining to same; and
•
6.03
cs:
•
•
r -N
WHEREAS, the owners are desirous of making a declaration
of the same in the form of this Bill of Assurance with the in-
tention of guaranteeing the preservation of certain values and
amenities in the community and to bind themselves, their heirs,
successors and assigns and the aforedesired real estate and its
subsequent owners with the obligations and restrictions herein-
after set forth for all present and future development and use
of said property.
NOW, THEREFORE:the Owners declare. that -the. above described
property shall be held, developed, transferred, sold, conveyed
and occupied subject to the covenants and restrictions herein
set forth:
The owners covenant and agree to limit commercial construction
or development to one (1) building permit which structure shall be
constructed with a septic tank or holding tank, and further cov-
enant that no additional building permit shall be applied for
until city sewer or sewage facilities are provided or obtained. that
in furtherance of said covenants, the owners declare that they
will immediately and forthwith begin negotiations with adjacent
land owners and other investers to seek and obtain funds for the
sewer and sewage facilities hereinreferred to above.
f,e,6140-.1
WITNESS our hands this /thiday of
fl%/7 / •
,ijAMES E. LINDSEY
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss
COUNTY OF WASHINGTON)
BE IT REMEMBERED, that on this day came before the under-
signed, a Notary Public, within and for the County aforesaid.
duly commissioned and acting, James E. Lindsey and Oita V.
Lindsey, husband and Wife, to me well known, and stated that
they executed the foregoing BILL OF ASSURANCE for the purposes
therein containedt
Dated thisilic"-day of L-s97.i./4-4/c4.4...c/Th , 1978.
cy4_vrg. et,
Notary Public
My Commission Expires:
/S-
1978.
6.04