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HomeMy WebLinkAboutOrdinance 2439 ORDINANCE NO . aA/d 7 �.. ` `E '04 AN ORDINANCE REZONING THAT PROPERTY DESCLYEHU INN F?CT PZZyFnP Q PETITION R78 - 11 WESTSIDEROF CONTAINING 0 . 172 ACRES LOC APPROXIMATELY 28 6SOTa. 4O OF WEST DICKSON STREET WASHINGTON COUNTY ARALPlYcf7 BE IT ORDAINED BY THE BOARD OF DIRECTORS OFM OF FAYETTEVILLE , ARKANSAS : CIRCUIT CLFMi Section 1 . That the zone classification of the following described property be , and is hereby changed as follows : R78 - 11 described as follows : Beginning as a point 281 feet South of the Northeast corner of Block No . Two in the City of Fayetteville (as shown by the original plat of said City ) and running thence North 75 feet , to the center of an alley , thence West 100 feet , thence South 75 feet , and thence East 100 feet to the place of beginning , . From R- 0 , Residential - Office District , to C - 2 , Thoroughfare 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 . All ordinances or parts thereof in conflict herewith are hereby repealed . Section 4 . That this ordinance shall be in full force and effect from and after the time provided by law . PASSED AND APPROVED this_day of �1)ggze 1978 . APPROVED : AYF � ! p • :. .: . . . . iF MAYOR jIP' ATTESTS ,1 CITY .CLERK CERTIFICA'T'E OF RECOIID4 State of Arkansas I _ City of Fayetteviile Ir SS I, Daricne Westbrook, City Clerk and EE- Officio recorder for the City of Fayetteville, co hereby col-tify that the annexed or fore- ,c oing is of record in my �oofnffice and the same appears in L'jz 'I /'t` o book at page (n 7 Witness my hand and seal this ZL day of ,tv CIer;�------- EX-Off:ciC Recorder MiCROFIOCED71978 ® 96�. 6115 DATE REEL \1� CERTIFICATE OF RECORD OF ARKANSAS I SS. `N�.;hin�on County I I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Record . Washington County, do hereby certify that the annexa going inst nent was filed or record in my Yoffica on the �(p day, 97 C "_ d•,iork Phl and th= s . . e is fury recorded in record_ _ rditness my hand and seal this�day df 9-�at pl Fi, "S- 9 Circuit Clerk and By Re_ corded PDenutvv 0!kerrk+w , . y y i -F I L E D FILED IN MY OFFICE THIS F C) R F? E C D D -.-Z:DAY Of C 1i7o V '78 NAY 16 PH 3: 40 v ` WASHING ' J�JLL ­OF . ASSURANCE OF ARWS ND MELTON ALMA NOLLMEYEi; riRCH T f;LFRK THIS DECLARATION OF A BILL OF ASSURANCE is made on this ��day of April , 1978 , by GARLAND MELTON , owner of the following described real estate situated in Fayetteville , Washington County , Arkansas , to-wit : Beginning at a point Two Hundred and eighty-one ( 281 ) feet South of the Northeast corner of Block No . Two ( 2 ) in the City of Fayetteville ( as shown by the original plat of said City ) and running thence North Seventy- five ( 75 ) feet , to the center of an alley , then West One Hundred ( 100 ) feet , thence South Seventy-five ( 75 ) feet , and thence East One Hundred ( 100 ) feet to the place of beginning . WHEREAS , GARLAND MELTON has 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-O Residential -Office to C - 2 ; and , WHEREAS , to induce the Fayetteville City Board of Directors to so amend the Zoning Map to rezone the above des - cribed real estate as aforesaid , the owner agrees that if the above described premises is ever discontinued as a bridal shop which is planned on the premises , then the above described real property will revert back to the Zoning of that property at the time of the discontinuance of the property as a bridal shop ; and , WHEREAS , the owner desires to make the 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 it , its successors and assigns and the above described real property and its subsequent owners with the obligations and restriction herein- after set forth for all present and future development and use of said property for the period indicated ; now , THEREFORE , the owner declares that the above described real property shall be held , sold conveyed and occupied subject to the covenants and restrictions herein set forth : MICROFIDATE APRM O Oct. UPS Rte -X21979 2 - 1 . That the property shall be used for a bridal shop and if said use is ever discontinued then any new use shall be restricted to a use which is permitted by right under the Fay- etteville Zoning Ordinance in R-O ( Residential Office District ) unless otherwise approved by the Fayetteville City Board of Directors . The limitations herein under this BILL OF ASSURANCE shall be valid only as long as the adjoining properties around the above described property carries the R-O ( Residential Office District ) zoning classification . IN WITNESS WHEREOF , GARLAND MELTON has caused this BILL OF ASSURANCE to be executed on the date hereinabove first written . I Garland Melton ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON On this ���ay of � �� ; / 1978 , before , me a Notary Public , the undersigned officer , personally appeared Garland Melton , known to me to be the person described in the foregoing instrument , and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained . IN WITNESS WHEREOF , I have hereunto set my hand and official seal . 2r�itsr�I�W�Y' .Notary Public ,• •' My Comnfj;ssion expires : o ra ,_� � A 964 669 CERTIFICATE OF RECORD 'T:". C' ARKANSAS I Wr.^I .mgtcn County I SS. I , Aima L. Kollmeyer, Circuit Clerk and EX-Officio Recorder for Washington County, do hereby certify that the annexed a//rr, fore. goin - instrument was filed for record in MYOfficeon the & day of _ t at�i&'clocklP M, and the same is duly recorded in �-7 record -Sti'P_ at vagctob� Witness my hand and seal thisLLday of lg27 Circuit Clerk and -Clffici Recorde _ at�t+tY Cderk