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HomeMy WebLinkAboutOrdinance 1337 BOOK 589 PAGE125 ORDINANCE NO , 1337 ��,pp AN ORDINANCE AMENd6id 20NI1� 6 ORbtfvA&Ct 9Q� �, 1239 AND 41VISED WDISTRICT MAP OF FAYETTkVI,�.LLE , ARKANSASy . , APAOVED MAY 28 Z1 C REZOD4k CERTAIN REAL t SLATE FROM R - IB SINGLE - FAMILY RESI\ IVil IAL bisThIdt tb R - 3 MULTI- FAMILY RESIDENTIAL DISTRICT. WHEREAS , a public hearing was held before the Planning Commission of the City of Fayetteville , Arkansas , on January 3 , 1963 , on the petition of Tom Comley and J. W . Eoff, requesting that said Planning Commission recommend to the City Council of the City of Fayetteville , Arkansas , that said City Council enact an ordinance rezoning the following described property , to- wit : Tract 1 , described as being a part of the Southwest Quarter of the Southwest Quarter of Section 4 , Township 16 North , Range 30 West , and more particularly described as follows : Beginning at a point 657 feet north of the Southwest corner of the above- described 40 - acre tract , and running thence North 330 feet; thence East 921 . 41 feet; thence South 37 Feet ; thence East 400 feet; thence South 293 feet , thence West 1 , 321 . 41 feet to the point of beginning , from R - 1B Single - Family Residential District to R - 2 Two- Family Residential District ; and the following described property , to-wit : TRACT 2 , described as being a part of the Southwest Quarter of the Southwest Quarter of Section 4 , Township 16 North , Range 30 West , and more particularly described as follows : Beginning at a point 987 feet North of the Southwest corner of the above - described 40 - acre tract , and running thence North 333 feet; thence East 1 , 321 . 41 feet; thence South 150 feet; thence West 400 feet ; thence South 183 feet; thence West 921 . 41 feet to the point of beginning , from R- 1B Single - Family Residential District to R - 4 Multi - Family Residential and Dormitory District , and WHEREAS , notice of said public hearing , setting forth the date , time , place , and purposes of hearing , and location of property was published in the Northwest Arkansas Times , a newspaper of general circulation in said City more than 15 days prior to said public hearing , and WHEREAS , following said public hearing , said Planning Commission certified to the City Council of the City of Fayetteville , Arkansas , its recommendations that the property described as TRACT 1 remain zoned R - IB Single - Family Residential , and that an ordinance be adopted rezoning the property described in TRACT 2 from R - IB Single - Family Residential District to R - 3 Multi - Family Residential District , with the condition that restrictive covenants outlined in the minutes of the Manning Commission of the City of Fayetteville , Arkansas , held on January 15 , 1963 , and on file with the City Building Inspector be filed and recorded with the Circuit Clerk of Washington County , Arkansas , and WHEREAS , the petitioners have agreed to file and record the above - mentioned restrictive covenants . MICROFILMED WS DATE OCT REEL 11 � BOOK 589 PAGE 126 Ordinance No . 1337 - 2 - February 25 , 1963 NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE , ARKANSAS : SECTION 1 . That the property described in TRACT 2 , which is presently zoned R - IB Single - Family Residential District , shall be and the same is hereby rezoned to R - 3 Multi - Family Residential District . SECTION 2 . That all ordinances or parts of ordinances in conflict here - with are hereby repealed, and this ordinance shall be in full force and effect from and after its passage , approval , publication , and upon proof that the above - mentioned restrictive covenants have been properly filed and recorded , with the property described in said covenants by metes and bounds as illustrated in this Ordinance . PASSED AND APPROVED this 25th day of February , 1963 . APPROVED: GUY E . IBROWN, MAYOR ATTEST : GEO E J'. DAVIS, CITY CLERK BOOK 589 PAGE127 CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE lip I, GEORGE J, DAVIS , City Clerk within and for the City of Fayetteville , Arkansas , do hereby certify that the annexed and e foregoing is a true and correct copy of the e .y� therein set forth , and the same is as it appears of Record in PROCEDURE OF CITY COUNCIL RECORD , Volume _�_ at Page e7sd/ thereof . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this day of 19 lo03. ' City C1 rk C __ _'TwFt ' l . T = OF RECORD STf TF CFA fVyS ",.; 5 lh'e �h ria . n _ rurpy yd Crcuit Clerk and Ex-officio Recorder for W h n, oi, crJtrKv, do hereby cartify that the annexed or fore, � %//�/ct//i��rjjh��en�t,,wL-s� til-'d (o`. recd d��my office on the fo„day of. ./!,/wGUlj 6J 1 ` t .�, o'ctock . ,w..i!and the same le du y rec-`.'Ed it �89 Witness _ . . . . j. . . . . . recocjC at Pa / my..hand and sea this . , . d rru%f C'er }. Ex-()irnco raecodaf Ono'" MC NO. 1777 AN OADDQANCE AMENDING ZON- ... NG ORDINANCE NO. 1239 AND REVISED ZONING DISTRICT MAP STATE Of ARKANSAS 1 SS. OF FAYETTEVILLE, ARKANSAS• County Of Washington I APPROVED, MAY 28. 1962. TO RE• 20NE CERTAIN" REAL ESTATE F ROM R•1B SINGLE-FAMILY . ' R ESIDENTIAL . DISTRICT TO R-3� / �I MULTI - FAMILY RESIDENTIAL' hereby certify that I DIBTAICT. e (in g Ge ' WHEREAS, a public hearing was am the (m na. er) ) of THE NORTHWEST held before the Planning Commie- ARKANSAS TI S, a daily newspaper having a Second class mailing pri- kavas,slon of ton he January of Fayetteville, 3 e1963,1on he vilege, and being not less than four pages of five columns each, published petition of Tom Conley atsaid and J. W. Eoft, region rec . that said the Cit at a fixed place of business and at a fixed (daily) intervals continuously in Coln cisaion recommend to the City the City of Fayetteville, County of Washington, Arkansas, for more than ArkaCouncil of the City Said of City Council enact an r than said oni Council a period of twelve months, circulated and distributed from an established • enact an �rddescribed rezoning the fol- place of business to subscribers and readers y 'lowing descrlbetl property, to-wit:I general) of all classes in the 'TRACT 1. described as being a part) City & County for a definate price for each copy, or a fixed per of the Southwest Quarter of they Price ' southwest Quarter of section 4,: annum, which price was fixed at what is considered the value of the pub- Township 16 North, Range 30 West,1 lication, based u and more particularly described as pon the news value and service value it contains, that at ,follows: Beginning at a point 6571 least fifty percent of the subscribers thereto have paid rash for their sub- feet North of the Southwest corner of the above described 40•acre� scriptions to the newspaper or its agents or through recognized news deal- tract, and running thence North 3301 ers over a period of at least six months; and that the said newspaper pub- fact: then East 921.41 feet; thence South •37 feet; thence East 400 feet: lishers an average of more than fourty percent news matter. thence South 293 feet thence West 1,321.41 feet to the point le begin- I further certify that the legal notice hereto attached in the matter of Rett, from R-1B Single-Faintly Y g Residential District t R-2 Two- Family Residential d riot; and the -_----_---__ - , following tlesenbetl property, to �� / J wit: TRACT 2, described as being a __ _ _ _ -________ part of the Southwest Quarter of the Southwest Quarter of Section 4, Township 16 North, Range 30 West, and more particularly de- was was published in the regular daily issue of said newspaper for ---- ____ scribed as follows: Beginning at a �n =r�� insertions as follows: point 987 feet North of the South- ----_ __ west corner of the above described 40-acre tract, and - running thence u North 333 feet: thence East 1.321AII The first insePtlOn On the _ ----- day of feet; thence South 150 feet; thence West 400 feet; thence South 1831 feet: thence West 921.41 feet to they the second insertion on the ___ __ __ point of beginning, from R-1B Sin-� ______ day of 19------ le-Family Residential. District to A•4 Multi-Family Residential and ! Dormitory District, and - the third insertion on the - day of ____________ 19______ WHEREAS, notice of said public ) hearing, setting for the date, time, place, and ppropert of hearing, and ' and the fourth insertion on the __________ day of _____ 19_ location of property was published ' ------- ----- in the Northwest Arkansas Times. a newspaper of general circulation in said City more than 15 days ptitothis to said public hearing, findWHEREAS, following said publichearing, "said Planning commis- Sworn to and subscribed before m ___ da of ______cioncertified to the City Council of ------- y he. eco of Fayetteville, Ate prop- .its-i._,.recommenAati`ons lttiat the prop- • LEGAL�NOTICES ------ --- - 19 arty dese'r,�.+i"bed In,�l'RACT 1. ;ems+ri. zoned R`9B sngle-family resjdeni tial, and that an ordidaned b"e i Notary Public adopted rezoning the property de- : scribed in TRAC;' 2 from R-111 Sin- ' gle-Family Residential District to R-3 Multi•FamilY Residential Dis- trict, with the condition that re- strictive covenants outlined in the minutes of the planning commis- sion of the City of Fayetteville. Art kansan held on January u ding and ct r, to a the City Building Inspector, to be tiled , and recorded with the Circuit Clerk of Washing- ") , ton County. Arkansas, and Fee for Printing $ /7 WHEREAS, the petitioners have agreed to file and record the above . mentioned restrictive "covenants. Cost Of Proof . . . $ ------------ NOW, _ _NOW, .THEREFORE. BE IT OR- . ED THE CITY COUNCIL . OFOF THE CITY OF FAYETTEVILLE, Total . . -L/ . ARKANSAS: $ SECTION 1. That the property ' described in TRACT 3 .which is presently zoned R-IB Single - and same ns hereby shall be and the same is hereby rezoned R-3 Multi-Family Residential District. S 2. That all ordinances parts o or parts of ordinances in conflict herewith are hereby repealed, and this ordinance shall be In full force - and effect from and afterits passage, approval, publication, and upon Prosthat. the above men- tioned restrictive covenants have been he prop tiled and edrecorded.inid with the property described n said covenants. in metes dandin bounds as IllPASS etl A this ordinance. PASSED AND APPROVED THIS 25TH DAY OF FEBRUARY, 1963. APPROVED: GUY E. BROWN, MAYOR ATTEST: -George T. Davis. City,.Clerk _ 6-lt-c