HomeMy WebLinkAboutOrdinance 2436 FL [. D
ORDINANCE NO . 7� n ' 1 `
AN ORDINANCE REZONING THAT PROPERTY IN THE CITY OF FAY 'T"Al ��LEI, i I
ARKANSAS , DESCRIBED IN REZONING PETITION R78 - 8 FORyAy08�; _
ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF CENT 2 SgREET,' 1 y
AND COUNTY AVENUE ; AMENDING THE ZONING DISTRICT MAR; LOF, .x;01- LI•IE'
it
FAYETTEVILLE , ARKANSAS ; AND FOR OTHER PURPOSES .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section 1 , That the zone classification of the following
described property be , and is hereby changed as follows :
R78 - 8 described as follows :
Part of the Northwest Quarter of the Southwest Quarter of
Section Fifteen , T- 16 - N , R- 30 -W of the Fifth P . M . , des -
cribed as beginning at a point which is 13 feet south , thence
238 feet East from the Northwest corner of said forty acre
tract and running thence South 86 feet ; thence East 72 feet ;
thence North 86 feet ; thence West 72 feet to the place of
beginning and also being known as a part of Lot Six in the
County Plat of the Southwest Quarter of Section Fifteen ,
in T- 16 - N , or R- 30 -W , described as follows , to -wit :
Beginning at a point which is 231 feet East 161 feet
South of the Northwest corner of the said forty acre tract ,
and running thence East 54 feet , thence South 53 1 / 2 feet ,
thence West 54 feet , thence North 53 1 / 2 feet , to the point
of beginning , all located in the City of Fayetteville , Arkansas
and known and described on the County Court Plat of the said
Southwest quarter of said Section 15 , T- 16 - N of R- 30 -W , as
part of Lots 19 and 20 of said subdivision or plat ; AND
the South 62 feet of Lot Numbered Six of the County Court
Plat of the Southwest quarter of Section 15 , T - 16 - N , R- 3 - -W
being situated in the City of Fayetteville , Arkansas .
From R•- 2 , Medium Density Residential District , to C - 3 ,
Central Commercial District .
Section 2 . That the official zoning map of the City of
Fayetteville , Arkansas be and is hereby amended to the extent
and in the respects necessary to effect and designate the
necessary changes provided in Section 1 hereof .
Section 3 . That this ordinance shall be in full force and
effect from and after the time provided by law .
PASSED AND APPROVED THIS- /P DAY OF APRIL , 1978 .
APPROVED :
'oF FAyEp , ?� MAYOR
s.
CERTIFICATE JF REUI; ui)
TY , CL ' Rj( ' State of Arkansas l SS
City of Fayetteville
• I, Darlene Westbrook, City Clerk and Ex.
Off icto recorder for the City of Fayetteville,
do hereby certify that the annexed or fore-
going ieof r/e/��ord in my offs and the same
appears in diaee r -- book
at page ��7 Witness my
hand and aai this 0 1 day of
192.
MICROf I T 1979 City Clerk and Ex-Officio Recorder
DATE_�
REED
J
CERTIFICATE OF RECORD
1"ATE OF ARKANSAS I
Washington County ISS.
I, Alma L. Kollmeyer, Circuit Clerk and Ex•Otficio Recorder for
Washington County, do hereby certify that the annexed;or fore. '
going instrument was filedforrecord in my office on theg2day
of - SlfoyatjAP�,V o'dorkg and the same ois
duly r orded in record• '/ at Dage!��•
Witness my hand and seal this_- day"of '
C_ irCa Clerk and _ pt r• „•:
z-CF icio Recorded
_ � L .LD
-? PCQRD
'78 JUN — 2 Pel 2: ? I
1� BILL OF ASSURANCE OF
E . LAMAR PETTUS AND DONNA C . PETTUS , HUSBANYAAk4bG1aPEUNTY
ARKANSAS
AND MA K
WILLIAM WESTON ROGERS AND GLORIA M . ROGERS , HUSBANDdEPE
THIS DECLARATION OF A BILL OF ASSURANCE is made on this / 5" rA
day of , 1978 , by E . Lamar Pettus and Donna C . Pettus ,
husband and wife , and William Weston Rogers and Gloria M . Rogers ,
husband and wife , tenants in common , owners of the following
described real estate situated in Washington County , Arkansas , to-wit :
Part of the Northwest Quarter of the Southwest Quarter of
Section Fifteen , T- 16-N , R- 30-W of the Fifth P . M . , described
as beginning at a point which is 13 feet south , thence 238
feet East from the Northwest corner of said forty acre tract
and running thence South 86 feet ; thence East 72 feet ; thence
North 86 feet ; thence West 72 feet to the place of beginning
and also being known as a part of Lot Six in the County Plat
of the Southwest Quarter of Section Fifteen , in T - 16-N , R- 30 -W
of the 5th P . M . ;
AND
Part of the Northwest Quarter of the Southwest Quarter of Section
15 in T- 16 -N , of R- 30 -W , described as follows , to-wit : Beginning
at a point which is 231 feet East and 161 feet South of the North-
west corner of the said forty acre tract , and running thence
East 54 feet , thence South 53 1/ 2 feet , thence West 54 feet , thence
North 53 1/ 2 feet , to the point of beginning , and known and
described on the County Court Plat of said Southwest quarter of
said Section 15 , T- 16-N of R- 30-W , as a part of Lots 19 and 20
of said subdivision or plat ;
AND
The South 62 feet of Lot Numbered Six of the County Court Plat
of the Southwest Quarter of Section 15 , T - 16-N , R- 30 -W .
All of said property being situated in the City of Fayetteville , County
of Washington , State of Arkansas .
WHEREAS , the owners have secured the approval of the Fayetteville
City Board of Directors to amend the Fayetteville zoning map to rezone
the above described real property from R- 2 to C - 3 zoning classification ;
and ,
WHEREAS , to induce the Fayetteville City Board of Directors to
so amend the zoning map to rezone the above described real estate as
aforesaid ; and ,
WHEREAS , the owners agreed that the real property described
hereinabove shall be used only for purposes of development and
operation of a parking lot for private , commercial and/or public use ;
and ,
� ' g65 27i
MICROFILMED
DATE APR 2 0 1919
REEL
WHEREAS , the owners desire to make 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 its successors and assigns in the above described real property
and its subsequent owners with the obligation and restriction hereinafter
set forth for all present and future development and use of said property
for the period indicated ; now ,
THEREFORE , the owners declare that the above described real property
shall be held , sold , conveyed and occupied subject to the covenants
and restrictions herein set forth :
1 . That the real property described hereinabove shall be used
only for purposes of development and operation of a parking lot for
private , commercial and/or public use .
IN WITNESS WHEREOF , the owners have caused this Bill of Assurance
to be executed on the date hereinabove ' first written .
E , amar Pettus
Do7n/a C�.�Pettus
William Weston Rog
Glo is M . Rogers
ACKNOWLEDGMENT
STATE OF ARKANSAS )
) SS
COUNTY OF WASHINGTON )
BE IT REMEMBERED , That on this day came before the undersigned ,
a Notary Public , within and for the County and State aforesaid , duly
commissioned and acting , E . Lamar Pettus and Donna C . Pettus , husband
and wife , and William Weston Rogers and Gloria M , Rogers , husband and
Wife , to me well known as the parties in the foregoing Bill of Assur-
ances , and stated that they had executed the same for the consideration
and purposes therein mentioned and set forth .
I
WITNESS my hand and seal on this � day of ` 2YL4i 1978 .
�.-
N07Y P78LIC
My ComRi'irssbn••. Expires :
5�i - � 965 272
CERTIFICATE OF RECORD
.;TATE OF ARKANSAS I I -
Washington County I SS- - -
I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for
Washington County, do hereby certify that the annexed o Poreq
going in, lent was filed (�r r!201 �j
of Xk office on the Xay
at_ , ock
duly recorded in an_d the same Is
Witness my hand and seal this record � � at page 2 7/
ay of
Circuit Clerk and
Ex-Of icio orded
B
.. DeouW lerk - ..
STATE of ARKANSAS 1
County
��)) �of Washington J} ea.
1, V"'" `^'�[. , hereby certify that I
am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily
newspaper having a second class mailing prtvllege, and being not less than
four pages of five columns each, published at a fixed place of business and at
a fixed ( daily ) intervals continuously In the City of Fayetteville, County of
ORUN.AM'e NO. 741 Washington, Arkansas for more than a period of twelve months, circulated
AN ORDINANCE REZONING THAT and distributed from an established place of business to subscribers and
PROPEIi�. AIt1W IN YI/E CITY DESIC rE HIBED FAYEIN TN readers generally Of all classes in the City & County for a definite price for
NEZo\ING PETITION Mat FOR A 071 each copy, or a fixed price per annum, which price was fixed at what is
SkILITn LOR OF AT THE considered the value of the publication, based upon the news value and
"Il'1'fIFA PARCEL(T)RNEH OF CENTER P P
NrHLFT AND COUNTY AVENUE. service value it contains, that at least fifty percent of the subscribers
INTENDING THY ZONING DISTRI('T
NAP OF FAYE'ITEVILLE. ARKANSAS. thereto have paid cash for their subscriptions to the newspaper or its agents
AND FUR OTHER PURPOSES. or through recognized news dealers over a period of at least six months ;
RE IT URDAINF.D SlIRV BOARD OF
DIRECTORS OF THE ('TTY OF FAYET and that the said newspaper publishes an average of more than forty percent
TTY ILLE, ARKANSAS news matter.
Section I. That the zone clivaiRicution of
the following deientled property be and is
helebychongedaslounwsI further certify that the legal notice hereto attached in the matter of
k)aa described as follows.
Part of the Northwest Quarter of the
Southwest Quarter of Snt ion Fifteen. T-
16 N. H-:psa' oY bhe a pith I'.m.. describecas - 6
beginning at a point wht<h is 18 feel south, _--..0_�--�---�•-- f�-4-- ...........----_V------.�C
thenar of feet East from the Nnit rune
rog ! m yl ld toric MRL Iraq - F. rWlp-
•,g :nrn.+ scum as rest Inena• Frau a was published to the regular dally issue of said newspaper for _._..�._..---- . ....
ee? . thence North Is feet theme west 77 consecutive Insertions as follows :
lo, l to the Placa of beginning and also he-
nry known as a part of Lot Six Inthe I ount) �.
P,A N the Swthwesb Quarter of Heenan G (- 7
Foteen m T Is N. or H-:uw. deacrihed as The first insertion on the __._...._.___.__ day of �f_tee. .------.--- 19.___-....-
Io logs, bawd : Reginning at a pont which
1, en feet Ear 1th Teel sorts of the oar the second insertion on the _.------_-.---___. .. day of _------- 19-__---.---
th.rest corner h the sad forts e.re theme - -
: u mooing throes Era St feel. thence
south 111 feet, Ito t e point
ofent, Iltung.
ence
Nom rue , reel w Rw )Diol m hs• Reving, the third Insertion on the ------ ------- _ day of _ __. _-..----_-_ 19_..._-.---
:dl Icea1N m Ills Cit) de Fe ante,
Arkansas sed known end describedsaith the
(aunty corm Plat ti ut• ,Old &Nof sl and the fourth Insertion on the ___ __/_._g/Y_�(1_/_I■t��day
_o_f __ ---------------
quarter
----_--.._._
ymrof said Section Ib. T-16S of a
pi-w un port d Lea IY and L r wd sale \I'—yJnyt�-�},-_(s�,y-�/t
disunion b plae. ANTI eC mov 6Y net of
Int Numbered Six of the County tion] pal --
oftheSnu14 ,0ei quarter of 5n•w IYaof
i o� a to d w, Arks suvad m IM• LS{Y d
h'n�enoe lie. Arkansas
From R-t2.o medium Central
Residential Sworn to and subscribed before me on this _____d.__.... day of --
Ifistrict lu 1' 7. UeaVa ('ommefc{al
Uatr¢I r 6
Section 7 That the official zoning mac M _!!
the City of F.rvrll to the
Arkansas he and
e -------------------- ---------'--�}-------- 19----- —
hereby nceysjd m Iso extent atal m the fV/
resp.aetoirsscha tosprintand in Section
t he roof rs eMngm pnvded m Section 00
l hereof _-_- ¢' -_- . _.. ------_-./y1.t LLa�
Set lose 7. That this erdmawe shall be In NO PRb11c
lull tome act effect Irian act after the
i me provided by law.
P.ASs ED AND .APPROVED 'PHIS 18
u AA OF APRIL lain My Commission Expires:
APPROVED
Erfteal E. Laaeaster 0
- MaYnr
)arkI
knr Nsctbnatt 4
. t'Irt k �
Fees for Printing ....... _—....33•
Cost of Proof _... .......... $-----------------------
3 3-',
Total -------•------