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HomeMy WebLinkAboutOrdinance 2720 ' r^ ORDINANCE N0 . Co. r /�• ✓ �u,��/ Y 4 AN ORDINANCE REZONING THAT PROPERTY IN THE CITY OF7ryFn4'Q/f FAYETTEVILLE DESCRIBED IN REZONING PETITIONS R80 - 14 AND R80 - 15 FOR PROPERTY CONTAINING . 191 ACRES LOCATED BETWEEN DICKSON STREET AND LAYFAYETTE STREET EAST OF NORTH COLLEGE 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 : R80 - 14 described as set out in Exhibit "A" attached hereto and made a part hereof . From R- 1 Low Density Residential District to C - 2 Thoroughfare Commercial District . R 80 - 15 described as set out in Exhibit " B " attached hereto and made a part hereof . From R- 1 Low Density Residential District to C - 2 Thoroughfare Commercial District . Section 2 . That the official zoning map of the City of Fayetteville , Arkansas , is hereby amended to reflect the zoning changes provided in Section 1 above . PASSED AND APPROVED this :5V day of 1981 . APPROV FAYp;I . ° MAYOR iF S� :+`i. ' ... ,;CITYCLERK 'r� �CUa {t • r.• ,44 nW ''�? � 21 � � EXHIBIT "A" A part of Block 18 of the Masonic Addition to the City of Fayetteville , Arkansas , more particularly described as beginning at a point 240 . 0 feet East and 390 . 5 feet North of the Southwest corner of the Northwest Quarter of the Northwest Quarter of Section Fifteen ( 15 ) in Township Sixteen ( 16 ) North , Range Thirty ( 30 ) West of the 5th P . M . , and running thence East 53 . 6 feet ; thence North 102 . 25 feet ; thence West 53 . 6 feet ; thence South 102 . 25 feet to the place of beginning , in the County of Washington , State of Arkansas , containing 5 , 408 . 6 square feet or . 1258 acres , more or less . m1038 2ij EXHIBIT " B" A parcel of land lying in Blocks 7 and 18 of Masonic Addition to the City of Fayetteville , Washington County , Arkansas , and that part of Craven Street ( Closed ) right - of -way which lies with this description , more particularly described as follows : Commencing at the Southwest corner of the NW 1 / 4 of the NW 1 / 4 of Section 15 , Township 16 North , Range 30 West , thence East 30 . 0 ' , thence North 492 . 75 ' , thence East 225 . 0 ' to the point of beginning , thence North 75 . 93 ' , thence East 38 . 6 ' , thence South 75 . 93 ' , thence West 38 . 6 ' to the point of beginning , containing 2930 . 9 square feet , more or less . CERTIFICATE OF RiCOi2ii °'"•:te of Arkansas SS City of Fayettevi3e 1 I, Vivi::n I{oettt�l, City C'erlc ani Er_O fi io eor lex for i e City of Fayatte iile, do her-e y certifY that the annexed or fore�10419 is f record in my O: " and the same ap- pears in Ordinance & Resolution book. at Page. VNritness MY ay Of hand and seal this y119 CERTIFICATE OF RECORD ` City Clerk and E (-Officio Reco Ser STATE OF ARKANSAS I ss. Washington County I I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for Washington County, do hereby certify that the annexed or fore- going instrument was fileed' for recd din my o fice on theffday of n� � o'clock � and the same is duly racer 'tin ecordlrer�— at pag Witness my hand and seal t ' .day of w 1 Circuit Clerk and � � ^ Ex- fficio Reco ed By Deputy Clerk , y 11'•BITILL OF ASSURANCE 1961 MpV "6 pt1 OF V(;\ �V ICdt 'OEWAY STORES , INC . � �CIRCUI ( ` This declaration of a Bill of Assurance made this 6th day of April , 1981 , by SAFEWAY STORES , 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 : TRACT A : A part of Block 18 of the Masonic Addition to the City of Fayetteville , Arkansas , more particularly described as beginning at a point 240 . 0 feet East and 390 . 5 feet North of the Southwest corner of the Northwest Quarter of the Northwest Quarter of Section Fifteen ( 15 ) in Township Sixteen ( 16 ) North , Range Thirty ( 30 ) West of the 5th P . M . , and running thence East 53 . 6 feet ; thence North 102 . 25 feet ; thence West 53 . 6 feet ; thence South 102 . 25 feet to the place of beginning , in the County of Washington , State of Arkansas , containing 5 , 408 . 6 square feet or . 1258 acres , more or less . and , . TRACT B : - A parcel of land lying in Blocks 7 and 18 of Masonic Addition to the City of Fayetteville , Washington County , Arkansas , and that part of Craven Street ( Closed ) right of way which lies with this description , more particularly described as follows : Commencing at the Southwest corner of the NWq of the NWa of Section 15 , Township 16 North , Range 30 West , thence East 30 . 0 ' , thence North 492 . 75 ' , thence East 225 . 0 ' tothepoint of Y beginning , thence North 75 . 931 , thence East 38 . 6 ' thence South 75 . 93 ' , thence West 38 . 6 ' to the point of beginning , containing 2930 . 9 square feet , more or less . WHEREAS , the aforesaid owner of the real property described above iias secured the apprcval of the Favetteville City Board of Directors to amend the Fayetteville zoning map and rezone the above described property from R- 1 , Low Density Residential , to C- 2 , Thoroughfare Commercial District ; and 2 - 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 aforedescribed real ostate and its subsequent owners with the obligations and restrictions hereinafter set . forth for all present and future development and use of said property . 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 : I . That an • area thirty ( 30 ) feet in width , described as beginning in the Southeast Corner of the aforedescribed Tract A and running West on tine South line the entire length of the property described as Tract A , and an area fifteen ( 15 ) feet in width described as beginning in the Southeast Corner of the aforedescribed Tract A and running North on the East line the entire length of Tract A and Tract B will be left as a buffer zone . That no structures will be placed on this buffer zone , and no driveways of any type , other than that which may be required by fire ordinance of the City of Fayetteville , will be placed in said buffer zone . This restriction acainst structures and driveways in the buffer zone shall not pre- clude the installation of sidewalks therein . Said sidewalks shall not extend into Tract A . II . That trees will be placed and maintained in the aforesaid buffer zone by Safeway . That said trees shall be between 6 " and 9 " in diameter , placed 30 feet apart with the trees being alternated between scarlet pin oak and hard sugar maple . 3 - That an equipment sound shield will be placed and main- tained around the equipment on the roof of any new addition to the existing structure or any new structure placed on the property . IV . That a wooden or chain link fence at least 6 ' high compatible with the neighborhood , ( to be agreed upon between Safeway and each adjacent property owner ) will be placed and maintained on the outside boundaries of the buffer zone area described in paragraph I . above , which fence shall. run the entire length of Tract A and Tract B on the east side and a distance of fifty ( 50 ) feet west from the southeast corner on the south boundary line of Tract A . V . That any new addition to the existing store will have a brick exterior . VI . Insofar as is possible , any required ligh4_ing shall not be obtrusive as to light and intensity . VII . This Bill of Assurance shall run with the above described property and shall be binding upon the successors and assigns of Safeway Stores , Inc . Said Bill of Assurance shall inure to the benefit of the City of Fayetteville , the Washington - Willow Historical District and the Washington County Historical Society with either of these parties having the right to enforce this Bill of Assurance . WITNESS our hands on this 6th day of April , 1981 . SAEEWA-Y—STORES , INC . i By ' M ATTEST : 5 �pFt4 �R9T P,o Its Asistant Secretary Q �`t` 0 U1 1926 qi Thr r STATE OF CALIFORNIA) ) ss . COUNTY OF ALAMEDA ) Before me , a Notary Public in and for said County and State , on this 6th day of April 1981 personally appeared PATRICK S . TOTMAN an TAME S B BOLEN . JR . _ to me known to e the i entica persons who subscribed the nam—tithe maker thereof to the foregoing instrument as its Vice President and Assistant Secretary , respectively , and acknowledged to me that they executed the same as their free and voluntary act and deed , and as the free and voluntary act and deed of such corporation for the uses and purposes therein mentioned . WITNESS MY HAND AND OFFICIAL SEAL the day and year first above written . My commission expires : 2 - 8 - 85 NOTARY FULiC in and for the State o ( Notarial Seal ) California , with principal office in the County of Alameda OFFICIAL SEAL MIRIAM L CREW NOt A. u i�IC - CALIFORNIA , + COUNTY OF AL MFOA MY Commission Expires Feb. 811985 Oklahoma Acknowledgement —� -ORDINAYCF. NO. 21I STATE of ARKANSAS v� AN ORDINANCE REZONING THAT Bg, I PROPERTY IN THE CITY OF County of Washington FAYETTEVILLE DESCRIBED IN 'REZONING PETITIONS RJOI AND RINI S FOR PROPERTY CONTAIN- ' S.191 ACRES LOCATED BET.' WEEN DICKSON STREET AND . va)f/V{.{f/yNt< • , � - hereby certify that I LAFAYWE NORTH OL STREET EAST of am the Publisher of THE NORTHWEST ARKANSAS TIMES, a Bally NORTH ORDAINEDLEGE AVENUE. BE IT ORDAINED BY THE BOARD pewel18p0r having a second Class mailing privilege, and being DOL lees then 1 OF DIRECTORS OF THE CITY OF ` FtYL-n'evlLLe. ARKANSAS: tour passe of five columns each, published at it fixed pieces of business and a Section 1. That the sore classifica. a fixed (dally) intervals continuously In the City of Fayetteville. County of .lion of the following described proper- . ty is hereby changed as follows: Washington. Arkansas for more than a period of twelve months, circulated Rao-lldescribed asset Out inExhibit ..K' attached hereto and made a part and distributed from an established place of . business to subscribersand herew, - readers generally of all classes in the City & County for a definite price for From R-I Low Density Residential each copy, or a fixed price per annum, which price eras fixed at what In District b C-2 Thoroughfare Commer. tial District.. I considered the value of the publication, based upon the news 'Value and R MIS described as set Out in Ex- hibit : B" attached hereto and made a service value it con Laing, that at least fifty percent of the . subscribers perthereof. I thereto have paid cash for their subscriptions to the newspaper or Its agents From R-1 Low Density Residential District m C-2 Thoroughfare Commer. - - or through recognized news dealers over a period of at least Six months; tial District- and that the said newspaper publishes an average of more than forty percent Section 2. That the official zoning mapN the City of Fayellevifle, Arkan- news matter. secs, 4 hereby amended to reflect the zoning changes provided in Section 1 I further .certify that the legal notice hereto attached in the matter of shove--_ _. PASSED AND APPROVED this Slh y� /� ^ �) /^�, l/�1 day of May. 1661. D 0 1 Aa 1C t- � � � 3� - n . APPRnTodd j . . . :Jahn Tadd ATTEST: MAYOR - : ;,:'%0;:• 1 . Yirian Keetlel was published in the regular daily issue of said newspaper tory CITYCLERK " Consecutive insertions as follows: 1 EXHIBIT"A A part of Block 16 of the Masonic Addi. 1 r-1t it= to the City of Fayetteville, Arkan- The tint insertion on. the JIT, \V— day of M "W 19. S? US, more .parbcWarly described as I beginning at a point 210.0 feet East and 560.5 feet North of the Southwest con the second insertion on the day of 19 ner of the Northwest Quarter of the Northwest Quarter of Section Fifteen (15) in Township Sixteen (16) North, 19 Range Thirty (30) West of the stn the third insertion on the day Ot P.M., and running thence East 55A West thence North 102m feet: mares and the fourth Insertion on the day OL 19 to the pia feet menta South h e Co feel to the plane of beginning, In the County Q nglon, Stale Arkansas, coo- toming ►/ W�� /► I laing 5.106.6 squarerc 'feelor .1256 acres. morewless. . 1 A reef of lying In Blocks irand ' pJ 16 of Mville. ' Washington to the City c( Sworn to and subscribed before me on this / ' day of 5I Fayetteville, ' Wa t part County, Arkansas. and that part of Craven I Street is descrOSed)iption, right.ption, ore which lies M �� 1 �yy ji with this deatriptillows- eparticular- ' + I ( ly de Southbed as follows: theN racing that e Southwest corner 15, the NW p of the NW Ra of Section 15, Township 16 `rY` Norm, Range ?A West lnenee East �. 50.0',theme North 192 75', thence East 225.0' to the point of beginning, thence Notary b11C North 75.931, Wence East 56.6', themes South 75.9s, thence West 36.6' to the . . Point of beginning containing 21130.9 IN N sgwrcfeet more or las. My Commission Iran: Fees Lir Printing Cost of Proof ' Total i t LAW OFFICES OF \v' / BALL AND MOURTON P. 0. Box tt! ON& McILROY PLAZA — SUI6 301 FAYETTEVILLE, ARKANSAS 72701 E. J. BALL TELV ONI KBNNBTM R. MOURTON 8011442•6113 DEBORAH d 1ADMt" May 15 , 1981 sao S gxwY+ Y F/1 e- Honorable James N . McCord CITY ATTORNEY City of Fayetteville MICROFIL?AED P . O . Drawer F Fayetteville , AR 72701 Re : SAFEWAY STORES , 'INC . Rezoning Dear Jim : I enclose herewith copy of Bill of Assurance of Safeway Stores , Inc . , which you will note has been filed with the Circuit Clerk of Washington County , Arkansas . Your cooperation in this matter was appreciated . With highest personal regards . Yours very truly , /s/ Kenneth R. Mnurtun Kenneth R . Mourton KRM : mr Enclosure cc : David McWethy City Clerk