HomeMy WebLinkAboutOrdinance 2551 ORDINANCE NO . 2551
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN � (33DJG,'/,Try
PETITION R79 - 23 FOR A PARCEL CONTAINING 27 . 0 ACRES MORE OR ' L %'11
1 4D','{
NORTHEAST OF THE INTERSECTION OF ARKANSAS HIGHWAY 16 WEST ANDOt'
BEECHWOOD AVENUE ,
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 is hereby changed as follows :
R79 - 23 described as follows :
The Southwest quarter of the Northeast quarter of Section
20 T - 16 -N Range 30 West , less and except the following
described property : A part of the SW 1 / 4 of the NE 1 / 4
of Section 20 in Township 16 North Range 30 West , being
more particularly described as follows , to wit : Beginning
at the point on the North Right of Way of 15th Street , said
point being 42 feet North of the SE corner of said 40 acre
tract and running thence North , along the East line of said
40 acre tract , 400 feet ; thence North 89 ° 45 " West 1295 . 0
feet ; thence South , along the East Right of Way of Beech-
wood Street , 400 feet to the North Right of Way of 15th
Street ; thence South 89 ° 45 " East 759 . 0 feet ; thence North
22 feet ; thence South 89 ° 45 " East 200 feet ; thence South
22 feet ; thence South 89 ° 45 " East 336 . 0 feet to the point
of beginning ; and containing 11 . 79 acres , more or less , excepted ;
Net area rezoned approximately 27 . 0 acres , more or less .
From I - 1 Heavy Commercial and Light Industrial , District to
I - 2 , General Industrial , District .
Section 2 . That the zoning district map of the City of
Fayetteville , Arkansas is hereby amended to reflect the zoning
change provided in Section 1 above .
PASSED AND APPROVED this 21st day of August , 1979 .
APPROVED :
MAYOR
CERTIFICATE OF RECORD
ATTEST : Stato of A ;- -fl,a
ck SO'
///� ,A�,A� ��oo (,/ /�j��/ � � I ,,_ !Aye n :lI ETw
Officio recor: c: f.r t`:c City o: ilic,
do hereby : :riify° t?aa ticEuro-
CITY CLERK going is of rccorci is r••tY V) i,?
tt s:imc
appears in Ordinance & Rc;o:atisa boos
-- Vrl—at page 110 i itross my
hand and seal ':isUu iaY of
t9
Ci Clerk and Es-Oyti,iu Ro order
1vul � �
MIC101L%IP- 3 1980
DATE
� r
G = ? riCATE OF RECORD .
N. a!: r •' :� County
I , nl ma L. Koll.4riey:r, Circuit.Clerk,and Ex-Officio Recorder fol
Nashineton County, d ' hereby cetiry that the annexed or fore-
;oing instrument was filed for record-in-my office on the . day
�f 19_atJ.o'clock_M, and thesame is
luly recorded in record at page_
•vitness my hand and seal this_day of 19_
Circuit Clerk and
Ex-Officio Recorded
By
Deputv Clerk '
BILL OF ASSURANCE
OF
GOLD KIST INC .
This declaration of a Bill of Assurance made this 5th
day of September , by Gold Kist Inc . , owner of the following
described real estate located in the City of Fayetteville ,
Washington County , Arkansas , and more particularly described
as follows , to -wit :
The SW 1 / 4 of the NE 1 / 4 of Section 20 , T- 16 - N , R- 30 -W
less and except the following described property : A
part of the SW 1 / 4 of the NE 1 / 4 of Section 20 in
Township 16 North Range 30 West , being more particularly
described as follows , to -wit : Beginning at the point on
the North Right of Way of 15th Street , said point being 42
feet North of the SE corner of said 40 acre tract and running
thence North , along the East line of said 40 acre tract ,
400 feet ; thence North 89 ° 45 " West 1295 . 0 feet ; thence
South , along the East Right of Way of Beechwood Street ,
400 feet to the North Right of Way of 15th Street ; thence
South 89 ° 45 " East 759 . 0 feet ; thence North 22 feet ; thence
South 89 ° 45 " East 200 feet ; thence South 22 feet ; thence
South 89 ° 45 " East 336 . 0 feet to the point of beginning ;
and containing 11 . 79 acres , more or less .
WHEREAS , the aforesaid owner of the real property
described above has secured the approval of the Fayetteville
City Board of Directors to amend the Fayetteville zoning map
to rezone the above described property from I- 1 to I - 2 ; and
WHEREAS , the owner has promised and agreed to subject
the development of said real estate pursuant to certain
covenants and restrictions pertaining to same ; and
WHEREAS , the owner is desirous of 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 amenities in the community and to bind itself , its
successors and assigns and the afore described real estate
and its subsequent owners with the obligations and restrictions
hereinafter set forth for all present and future development
and use of said property .
X11001 648
NOW , THEREFORE , the owner declares that the above
described real property shall be held , developed , transferred ,
sold , conveyed and occupied subject to the covenants and
restrictions herein set forth :
1 . That said property shall not be used for the
construction and operation of a feed mill .
2 . That any facilities built as permitted by the
rezoning of said property from I - 1 to I - 2 shall
be designed to comply with all state and federal
environmental laws and regulations with respect
to discharge of water or air or odor emissions ,
shall be operated so as to comply , and the
construction of the same shall be accomplished
with the best practical technology with respect
to pollution controlequ ' pment .
WITNESS our hands this 0 day of
1979 .
GOLD KIST INC .
BY
i± ;r ti �, •4. ' Group Vice Pre dent -
3 � .� i . . Poultry
'` :• ATTESTt
Secretary
STATE OF GEORGIA
COUNTY OF DEKALB
BE IT REMEMBERED , That on this day came before the
undersigned , a Notary Public , duly qualified , commissioned
and acting within and for the aforesaid County and State ,
Ralph D . Mobley , personally known to be the person executing
the foregoing Bill of Assurance , and stated that he had
executed same on behalf of Gold Kist Inc . for the considera-
tion and purposes therein mentioned and set forth .
Witness my ha d and seal as such Notary Public on this
day of 1979 .
•� Notary Public/
My �Commis ' ' on Expires :
Notary Public, Geor&. State at Large
J1rjy commission Expires May 24, 1982
ti i•
P \i
= 1001 649
lt:,r;. : : : . .
p
s
CERTIFICATE OF RECORD
S TATE OF ARKANSAS I SS.
Washington County
I , Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder fol
Washington County, do hereby certify that the annexed or fore-
going icry5tc�u�m�ent was filed for record in myofficeon thc�day
of oxc-�, .Mat IL� c;lock_ _14, and thesame is
duly recorded in_
record � I at pageb �
Witness my hand and s I ay of _171-t—
Circuit Clerk an
i Fx-Offici R c rde
BY
Deputv Clerk
fam.LOF ASSURANCE
OF
E P.OLp NIST INC.
.Thb declaration d a Bill of Assurance STATE O1 ARKANSAS l
made thus 5th day of September, by Gald } as.
ounty of Washington J
Mal Inc..Ins.. owner of the the Cit described
Mal estate Ionated in fro CIG ' d s, and
_ mt.
ore particularly
Coity Aransas, and
�. man particularly described as follows. to-
wit: /'� f�
- - _,_ The SW 4 d the NE 4 of Section a6. T- I� _ �� �fl� j) r� hereby certify that I
vypsJNCL NO.nal 16N. Ra W less and except the hollowing _ _. . .. ..-
r. ¢IasMA14CE RMNIING" - THAT I bribed for try-: A pan d the SW r, d am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily
pFSCRIBED IN REZONING V the NE 14 of Secpon m in Township la newspaper having a second class mailing privilege, and being not leas than
FjifrWN 0 so FOR A PARCEL CON- North Range m West, bring more par-
rAMDfG VA ACRFS YORE ticularly described as OR LESS, louove. to-wd: four pages of five columns each, published at a fined place o[ business and et
f.00ATED NORTHF•AST OF THE IN- Begiming at the point on the North Right a lined (d811 intervals continuously 1¢ the City 01 Fayetteville, County OL
PERgEL1'ION OF AAI[ANSAS HIGHWAY of Way of 15th Street, said paint being 42y)
16 tV61'AND gEECHW00D AVENUE. Int North of the SE corer of said W acre Washington, Arkansas for more than a period of twelve months, circulated
BE R ORDAINED BY THE BOARD OF tract and rutmin{ thence North, along the
DIRECfOiIS OF THE CITY OF FAYET• gest Tiro of "IQ acre Iraq, 400 feel: and distributed from an established place of business to subscribers and
rEVILLE, ARKANSAS: theMe North 89 degrees 45 mint" went readers generally Of all classes in the City & County for a definite price for
section I. tont me aro classifiutbn of InS.o feel: thence South. along the East
the fo0owidg descrated pnparty is hereby Right of Way of Beechwood Strrel. son feel each copy, or a tined price per annum, which price was fixed at what is
changed asfo0ows: n;,ww a. a ' a the Nath Right d war A Ism street: considered the value of the publication, based upon the news value and
R19-33desnribednfolbrn: •, ' "va,Tjl .. Income South tl degrees tl minutes East
The Sonmires Quarter of the Northeast rAd feet; Vence North as feel: thence service value It contains, that at least fifty percent of the subscribers
gturtho(Seetiaomr-16-NRUM113101m , South a degrees tl minute East ado feet: thereto have paid cash for their subscriptions to the newspaper or its agents
leas ad Caw the following described tlerse south aZ Icer: thence South AS
property: A pans the SW 14 of the NE 's s degree tl minutes East ass n feet to the or through recognized news dealers over a period of at least six months;
ofg,al 39 enTohmhip MNorth Bance ro point dbeaming° _And-cmn'.w^g It." and that the said newspaper publishes an average of more than forty percent
Wel,being anus particularly described sit uaes. rrwreorleu.
follows, to wit: Beginning at the Point on WHEREAS. the afiresaid cos er of the news matter.
the North Right of Way of Ism Street. said teal property described above has secured -
poiatbeiogtlfact North dthe SBcomer of . .the approval of the Fayetteville City Board I further certify that the legal notice hereto attached In the matter of
said tl Acre and and running Henn of Directors in amend the Fayetteville mn-
North, along the East line of mid 40 ave Ing reap to ream the above described pro
omni Add fact: dnaxe North m degrees tl party from 1.1 m I-g: and
miude Wast I295.0 feel: throe South, WHEREAS, the owner has promised and
eec
a" the Bear Right of Way of Bhvamd aged in subject the development d amid__--__-_-_-----
Sheet.AM fact to the Nath Right al Way Of '- ---
real Bute pursuant to certain covananb
ma idn Ea dance South e8 depee tl and WHEREAS.
t rtarmng lomme: ad
mimde Bast F.B.o set: mance None es akino a de ran o of a desorae in he was published 1n the regular daily issue of said newspaper for..___. ...-- _.----
of
I" dame Scum es depee tl minutes makbyy t s Bill declaration u the same h the P 1
grit ton teas; nvae Sade a lel; derma lam of this aro te Rag the Pe with the ho- ^^ rpse[tiolatr 88 hollows :
tomepdnQaoumlaurend cones feel certain vaha sodin6meaminthtion Of
com-
1179 poem, d tie tar leas and gond; Neting cartain value sin amenities in the mm- //� fid• /[ �/7
ILT acre, Oen or Ins. excepted; Net and in and to bid arm Gla described
Mai The f(TBC 1¢se[[10n on the [!/. day of
tei II.o nae. .._--__...... - -
arta rased apprmdma . Y est insignia i ad the aeon wnxribed real
leetsaIns. • • '• este obligation its restrictions
sheen with the
From 4l Hnvy Canamacal and forhIn. all atahreinapv ml the second insertion on the .....--__.-_.----------- day of - 19--..--
Ivmetrial Detrie, m ts. G_earn les• forth la all portent and future develap-
datnal,Db iel. - ' . ment and use of mid property.
firatim x That the noting district map of NOW, THEREFORE• the ownerdecare the third insertion on the ----------__ ---------—.--- day of ___-----..__.-__--- 19—_
the City of Fayetteville. Artamas is that the above' described real property
Leahy amaOded a rence, the zoning Nall be held, developed, tramferei sold•
changepandwitled inSection above. conveyed and occupied subject to rhe rid the fourth insertion on the ..__-_.__....--_- day of __-----__----
F APPROVED thus slst day comma ad murictions herein tit forth:
d AvpW. l1T. J:'if ,_,,• 1. Thal mid properly shall not be used
APPROVED: for the mmtruction and operation d afeed { r : ii ± . -.i y 'j J ✓ f'I �'� `""��
oSHWry"O,x " David R. Mabro mut
rl t1r6 •I`,'. • - MAYOR 1. That any facilities built as permitted _sem
�. ta�y:• . 13i'tpie•« .....-ju-, b mnin8dmid DroPvlY from tta
.. °'4vil`..a�,: u Y the rc
1.9 shall be designed to comply with all il�de
mate and federal enou
virmeni laws ad Sworn to and subscribed before me on this ... - y of
regulations with respect to dimness be
nater or air or dor emissions.dthe sled h
operated w as a consply, and the mmWc- �j
tbnof the some Mall beeccompluhedwith - :-
me bet practical technology with respect ^'-"--'-........
to pollution control equipment.
WITNESS our lands las tem day d
September, 1919. _G✓K CG
COLD KIST INC. tary Pnb1iC
By R.D. Mobley
Group Vin President
Poultry
ATT Lam. ::awmn I My Commission Expires :Jack _� -._ . .•..
SECRETARY
---
_�a
STATE OF GEORGIA
O r i
CpUNTY OF DEKALB inisd _ -
✓'a IT REM tile un ED, That oa tris day
NotaryFees for Printing
i Puma . d duly
the ud- cimmu a ......_ S-0.3—!
- Public. day' and fort. commmeded and
' -
arid S within and for the aforesaid County
ad sea. Ralph D. \fable'. vananau)' Coat o[ Prost ..........._.
,t frown ane N< pe
rson execoning the .- f-----......_-_-_-_-
p foregoing Bill ic Assurance.meonand staled that
' he had executed some on hMu of Gold I Total
Kist ithe lin the mentioned o and art ad par-
` ponetherein hanadand art forth,
Via
N'imess my sad and seal as such Notary
I rubric on this Ism day of September. IM
K-11. Compu^ica '
t c Notary Public i
Iseall' .- "1
Noun' Public. Georgia. Slate at Large
MY Commission ExDircs Slay 24. ISM
1x16
'54Sax
STATE of ARKANSAS l
J} as.
\' County of Washington
C FS -
I, ........._..- ...... .... _
. .... . . . . . _�---. .- _
..--- _ -_.-._-______ .__. hereby certify that I
am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily
newspaper having a second class mailing privilege, 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
ORDINANCEN'0.=1 Waahlugton, Arkansas for more than a period of twelve months, circulated
m
an ordinance mating that property and distributed from an established place of business to subscribers and
described in retuning Petition R79'M FOR
A PARCEL CONTAINING A.0 ACRES readers generally of all classes in the City & County for a definite price for
MORE OR LESS. LOCATED NOR-
THEAST copy,OF THE INTERSECTION OF P per annum, which price was fixed at what is
ARKANSAS HIGHWAY fill AND considered the value of the publication, based upon the news value and
eEe IT ORD INEAVED BE' service value it contains, that at least fifty percent of the subscribers
BE IT ORDAINED BY THE BOARD OF
DIRECTORS OF THE CITY OF FAYKT thereto have paid cash for their subscriptions to the newspaper or its agents
TEVILLE, ARKANSAS: ' . . ;
section 1. That the zone classification of or through 'recognized news dealers over a period of at least six months ;
the following described property is hereby and that the said newspaper publishes an average of more than forty percent
changed as follows: '- ..> )-:. ,. ,
R79-20descrbedasfuRuws: - news matter.
The Southwest quarter of the Northeast
quarter of section m T-16-N Range West. I further certify that the legal notice hereto attached in the matter of
less and except the following described
Y
Apart of the SW Is of the NE 't
of SHiou 20 m Township I6 North Range 20
west, being more particularly describedas
m S II9
follows, wit Beginning at the point an ---- -------__-_
the North Right of Way of Oth Street. said I - fff
point beinga feet North of the SE corner point
as ems tract and running the
was published in the regular daily issue of said newspaper for----------------__ -------
North, along the East line of said 40 acne -
tract. 400 feet• thence North m degrees e5 --oonseeut4ve-Imertioo as follows :
minutes West 1iss.0 feet: thence South,
along the East Right of Wb. of aeechwood The first insertion on the .___...__ _-
Stmt. x00 fen to the North Right of W'ay of 2.r.__ __ day o[ _ ._-_----- 19-
uth Stmt: theme South W degrres
minutes East 769.0 feet: theme South 22
feet: thence Ssnh a decrees Ci minutes the second insertion on the ----------------___—_ day of -----------------------_
East 200 feet: thence South 22 feet: theme
South 69 degrees as minutes East 116.0 feet
to the point of beginning:-and containing the third insertion on the ------------------------ day of ___ -------------_-------
On
_._.On acres. more or less. excepted: Net
area rezoned approximately 27.0 ac;;;.'
more or less. From I t Heavy Commercial and the fourth insertion on the ------------------------ day of
. and Light Industrial. District to 12. '
General Industrial. District.
Section 2. That the zoning district map of
the City of Fayettinille. Arkanxas is
herein amended to reflect the zoning � —
changepm%idedinSection tabove _ /
PASSED AND APPROVED this 21st day �/- Gam'
of August. 1979, . .1 APPAUVED: Sworn to and subscribed before me on this ----- - day of ----—MAYOR
r sdr m •. is r "David R. Malone I
t TT ._---.-_._......
A
ATTEST: " .:. .,r e -e. r:. ��I(moi __ Ci'1'[�y
Angela
CITY CLERK lack . :
t Itc 29
_ ___ _—__ tZ- _---- __ __ __--__—_
pn SNp Public
Commission Expires:
1979.z. . t
1 ((``���� Fe TO�y
Fees for Printing -------- i----- ---
1x1_ .: . •1
Cost of Proof ---------------- ;...._...._____-_-___----
Total ................ 5-11_�-_ ----
t
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