HomeMy WebLinkAboutOrdinance 2720 ' r^
ORDINANCE N0 . Co.
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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