HomeMy WebLinkAboutOrdinance 2754 � r
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ORDINANCE NO .
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AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN R �Zb1��#�G':, /4
PETITION R81 - 12 FOR A PARCEL CONTAINING 30 . 19 ACRES yc
LOCATED ON THE WEST SIDE OF U : S . HIGHWAY 71 NORTH , NORTH r ' Y
OF SYCAMORE STREET , AND SOUTHWEST OF THE HIGHWAY 71 /
MOUNT COMFORT ROAD INTERCHANGE .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE , ARKANSAS :
cV` Section 1 . That the zone classification of the following
describ�erty is hereby changed as follows :
R81 - 12 described as set out in Exhibit "A" attached
hereto and made a part hereof .
From A- 1 , Agricultural , District to I - 1 , Heavy Commercial
and Light Industrial , District .
Section 2 . That the official zoning map of the City
of Fayet— tele , Arkansas , is hereby amended to reflect the
zoning change provided in Section 1 above .
PASSED AND APPROVED this day of v' 1981 .
APPROVE /
MAYOR,
oF , FAYEr� �.,
s L�hERK
'�,COulYt.
CERTIFICATE OF RECORD
of Arkansas
(": : •E Pn etteville ( SS
PO .. ., .. , _ C. Kennedy. •Ci'v ::` �-; and
E - JEri i:; recorder for t`te
:ertify that '
: record in my - . .. . '• e ;, _ ,p-
neyrsl in Ordinance F
hand anti seal il_;_ _ ' !•: of tb i j j
j t.r
Clerk and is- :fi::io Recon e MICROF(LMCU
E X H I B I T
All that portion in the SE4 , SE4 , and the S4 , NE% , SE% ,
Section 6 , T - 16 - N , R- 30 -W , that lies West of the U . S . Highway
71 Bypass , and being more particularly described as follows ,
to -wit : Beginning at the Southwest corner of the SE4 of
the SE4 of Section 6 , and running , thence North 85 degrees
33 minutes East 54 . 66 feet to the West right of way of
Highway 71 Bypass , and running , thence along said Highway
right of way the following bearings and distances : North
31 degrees 11 minutes East 262 . 13 feet ; North 33 degrees
51 minutes East 299 . 57 feet ; North 32 degrees 07 minutes
East 326 . 9 feet ; North 31 degrees 58 minutes East 651 . 86
feet ; North 30 degrees 26 minutes East 765 . 6 feet ; thence
North 89 degrees 48 minutes West 1257 . 72 feet ; thence South
07 degrees 17 minutes West 658 . 69 feet to the Southwest
corner of the NE 4 , SE4 of said Section 6 , thence South
0 degrees 07 minutes West 1313 . 05 feet to the point of
beginning . Containing 30 . 19 acres , more or less . LESS
AND EXCEPT the following , to -wit : Part of the NEI. , SE4
of Section 6 , T - 16 -N , R- 30 -W , Washington County , Arkansas ,
more particularly described as follows : Starting at the
SW corner of the NEI. , SE4 of Section 6 ; thence North 89
degrees 05 minutes East along the South line thereof a
distance of 875 . 6 ft . to a point on the Westerly proposed
right of way line of U . S . Highway x{ 71 for the point of
beginning : thence North 20 degrees 31 minutes East along
said proposed right of way line a distance of 381 . 0 feet
to a point ; thence North 09 degrees 46 minutes East along
said proposed right of way line a distance of 306 . 0 feet
to a point ; thence North 89 degrees 16 minutes East a distance
of 187 . 9 feet to a point on the Westerly existing right
of way line of U . S . Highway # 71 ; thence South 29 degrees
28 minutes West along said existing right of way line of
distance of 759 . 0 feet to the point of beginning and containing
1 . 16 acres , more or less .
LO OIL
'CERTIFICATE OF RECORD
STATE OF ARKANSAS I
Washington County SS.
to Alma L. Ko!l r..ye:. Circuit Clerk and Ex-Officio Recorder for
Washington County, do hereby certify that the annexed or fore.
going ins umem Wes filed for record in my Office on thMV day
of�-194p/at�%/Vb'clockAM, and the same is
duly recorded in Ood record D- atpagel�"
Witness my hand and seal thi O- d�ayof 194-L
� y.
Circuit Cler and
x-Officio Recorded
By C
eputy Clerk
Y
(� CZ jj
bosi
D
BoA / y /9
4f
BILL OF ASSURANCE
OF
JOHN MAGUIRE , STERLING ANDERS AND JAMES POTTS h
This declaration of a Bill of Assurance made this L_ day of
5�fLf7/ i6P/` , 1981 , by JOHN MAGUIRE , STERLING ANDERS , and
JAMES POTTS , owners of the following described real estate located
in the City of Fayetteville , Washington County , Arkansas , and more
particularly described as follows , to-wit :
SEE ATTACHED SHEET , MARKED EXHIBIT A
WHEREAS , the aforesaid owners of the real property described
above have secured the approval of the Fayetteville City Planning
Commission and Fayetteville City Board of Directors to amend the
Fayetteville zoning map and rezone the above described property from
A- 1 , Agricultural District and R- 1 , Low Density Residential District
to I - 1 , Heavy Commercial and Light Industrial District .
WHEREAS , the owners have promised and agreed to subject the
development of said real estate pursuant to certain covenants and
restrictions pertaining to same ; and
WHEREAS , the owners are 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 themselves , their successors and assigns and
the aforedescribed 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 .
NOW , THEREFORE , the owners declare 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 .
The above said property shall not be developed for any use
Bill of Assurance
Page Two
described in use units 18 , 22 , and 27 , of Article 5 , Sec . VIII ( including
truck stops ) of the Fayetteville Zoning Code , and Appendix A thereto ,
without prior approval of the Board of Directors of the City of Fay-
etteville , Arkansas .
l o'�x� w \ eA r►.r�il
JOHN MAGUIRE
STERLING ANDERS
S POTTS
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 aforesaid , duly commissioned
and acting , JOHN MAGUIRE , STERLING ANDERS and JAMES POTTS , to me well
known , who acknowledged that they executed the foregoing Bill of
Assurance for the consideration and purposes therein mentioned and
set forth .
WITNESS my hand and seal as such Notary Public this day of
September , 1981 .
Notary Public
My, . Commission Expires :
0.
i �P U
CERTIFICATE OF RECORD
STATE OF ARKANSAS I
Washington County ) SS.
I, Alma L. �t,'In a� _ •, Circuit Clark and Ex-Officio Recorder for
Washington Con nip, ; h .reby cert fy that the annexed or fore,
going inst-um ort %v, s , Jz j for re-:o, d in nrr of hoe on th;CZLday
of , 19� -at�� /'{�yrlp'`Rp,7, and the same is
duly recorded In _`C( s nd _ fe,ordJ _
Witness my hand and seal thi - 0 at pag19 r _
q day of 19� � 0 // I.
Circuit Clerk and
x-Offi_io Recorded
6y
eputy Clerk
JAMES E . POTTS . STERLING P . ANDERS & JOHN MACUIRE
All that portion in the Southeast Quarter of the Southeast Quarter and
the South Half of the Northeast Quarter of the southeast Quarter in
Section 6 in Township 16 North of Range 30 West that lies west of U .
S . Highway 71 Bypass , and being more particularly described as follows :
to-wit : Beginning at the Southwest corner of the Southeast Quarter
of the Southeast Quarter of said Section 6 , and running , thence North
85 degrees 33 ' East 54 . 66 feet to the west right of way of Highway
71 Bypass , and running , thence along said Highway right of way the
following bearings and distances : North 31 degrees 11 ' East 262 . 13
feet ; North 33 degrees 51 ' East 299 . 57 feet ; North 32 degrees 07 minutes
East 326 . 9 feet ; North 31 degrees 58 ' East 651 . 86 feet ; North 30
degrees 26 ' East 765 . 6 feet ; thence North 89 degrees 48 ' West 1257 . 72
feet , thence South 07 degrees 17 ' West 658 . 69 feet to the Southwest
Corner of the Northeast Quarter of the Southeast Quarter of said
Section 6 , thence South 0 degrees 07 ' West 1313 . 05 feet to the point
of beginning . Containing 30 . 19 acres , more or less . LESS AND EXCEPT
the following , to-wit : Part of the Southeast Quarter of the Southeast
Quarter of Section 6 , Township 16 North , Range 30 West , Washington
County , Arkansas , more particularly described as follows : Starting
at the Northwest corner of the ' Southeast Quarter of the Southeast
Quarter of Section 6 ; thence North 89 degrees 05 ' East along the
North line thereof a distance, of 1205 . 5 feet to a point on the Easterly
existing right of way line of U . S . Highway # 71 ; thence South 33 degrees
15 ' West along said existing right of way line a distance of 12 . 0 feet
to a point ; thence South 31 degrees Ol ' West along said existing right
of way line a distance of 106 . 1 feet to a point on the Easterly proposed
right of way line of U . S . Highway #71 ; thence North 89 degrees 05 ' East
along said proposed right of way line a distance of 138 . 4 feet to the
point of beginning ; thence continue North 89 degrees 05 ' East a distance
of 10 . 0 feet to a point on the Westerly existing right of way line of
Porter Road ; thence South 01 degrees 38 ' East along said existing right
of way line a distance of 90 . 9 feet to a point on the Westerly proposed
right of way line of Porter Road ; thence North 12 degrees 57 ' West
along said proposed right of way line a distance of 51 . 0 feet to a
point ; thence North Ol. degrees 38 ' West along said proposed right of
way line a distance of 41 . 0 feet to the point of beginning and containing
0 . 02 Acre , more or less . ALSO , LESS AND EXCEPT the following , to-wit :
Part of the Northeast Quarter of the Southeast Quarter of Section 6 ,
Township 16 North , Range 30 West , Washington County , Arkansas , more
particularly described as follows : Starting at the Southwest corner of
the Northeast Quarter of the Southeast Quarter of Section 6 ; thence
North 89 degrees 05 ' East along the South line thereof a distance of
875 . 6 feet to a point on the Westerly proposed right of way line of
U . S . Highway # 71 for the point of beginning ; thence North 20 degrees
31 ' East along said proposed right of way line a distance of 381 . 0 feet
to a point ; thence North 09 degrees 46 ' East along said proposed right
of way line a distance of 306 . 0 feet to a point ; thence North 89 de rees
16 ' East a distance of 187 . 9 feet to a point on the Westerly existing
right of way line of U . S . Highway # 71 ; thence South 29 degrees 28 '
West along said existing right of way line a distance of 759 . 0 feet to
the point of beginning and containing 1 . 16 Acres , more or less .
1J50 452
STATE of ArLKANSAS
r• ` ORDINANCE.N0. 775d
AN ORDINANCE. REZONING 't County of Washington }
THAT PROPERTY DESCRIBED IN
MUSING PETITION R91 12 FOIL A
PARCEL CONTAINING 30.19 ACRES
LO NIEDON IN'AY HE WEST ,`WRTR ( Tj \ _• ^
1 "1 hereby certify that I
OF SYCAMORE STREET, AND �•
SOUTHWEST OF THE IIHiiHWAY am the Publisher of THE NORTHWEST ARKANSAS TIMES, a dally
2VMOUNTCOMFORT ROAD INTER. - newspaper having a second class mailing privilege, and being not less than
CHANCE.
BE1TORDAINEDBXTIM BOARD four pages of five columns each, published at a fixed place of business and at
OF DIREC'MPUS OF THE CITY OF a fixed (dally) Intervale continuously In the City of Fayetteville, County of
FAYE-TTEVILLE. AlOCANS.AS:
Section 1. That the :one classifica. Washington, Arkansas for more than a period of twelve months, circulated
tion of the following described proper- and distributed from an established place of business to subscribers and
lY is hereby changed as foiluws:
861.12 described asset out in Exhibit readers generally of all claages in the City 4 County for a definite price for
"A" attached hereto and made a part each copy, or a fixed price per annum, which price was fixed at what Is
h
From A-1, Agricultural, District to considered the value of the publication, based upon the news 'value and
1 1, Ileaxy Commercial and Light Ifo
dustrlal, District. service value it contains, that at least fifty percent of the subscribers
Section 2. That the official Zoning thereto have paid cash for their subscriptions to the newspaper or its agents
map of the City of Faceltecille, Arkxil.
Ants, is hereby Amended to relle'ct the or through recognized news dealers over a period of at least six months ;
zoning change provided in Sectio„ I and that the said newspaper publishes an average of more than forty percent
above
PASSED AND APPROVED this 1 news matter.
.day M September, 1991. ,
nPPRnTodd I further certify that the legal notice "Loreto attached In the matter of
i ' dorm road '
MAYOR
ATTEST:Vivian Koeltel
CITY CLFRg
EXHIBIT "Y'
All that T-
. NEI
E
n in
Scclia
the
o
and the S12 6, /
1&N, 11- o-W, that hes West of the us. pose published 1n the regular dally issue o[ said newspaper for
Highway 21 Bypass, and being mart consecutive insertions as follows ;
particularly described as follows, to-
wit: Beginning at the Southwest corner
of the SE': of Bre SE' a of Section 6 The first insertion on the e-' day of 19.&L
and running, thence North AS degrees
33 minulO East 54 M feet la the fret ,
right of way of Highwayn Bypass. : the second insertion on the day of 19
i and running, thence along said
Highway right of way the following
' bearings and distances: North 31 the third Insertion on the . day of 19
degrees 11 minutes East 262.13 fret
North A degrees 51 minutes East
2'A.52 fent North 32 degrees o; join- and the fourth Insertion on the dny of �9
Cues East Y6.9 feet: North 31 degrees
:d minutes East 651.96 feet; North 30
degrees 26 minutes Fast MA fret; �
thence North sJ degrees is minutes
West 1257.72 feet; thence South V - J
degrees 17 minutes West A3xo feet 10
the Southwest corner of the
SE'; of said Section C. thence South o Sworn tova.ld subscribed before me On this day of
. degrees 02 minutes West 1313,03 fret Cn 1
the point olbeginning,
o-wit: ai t of 19
the �/I ,S/ • -�
acres, robre or less. LESS AND Ex- VP"NI"Y-r�n_�'
NEIP..lhe fallowing, ion 6, Parc of the
NE'1. ash of Section ty T-16N, R.
q36W', Washington y des, Arkansas, _ �l \Xlt,
more particularly describe) as i
follows: Starting at the SW corner of 'c
the NE!1. SF.'.i of Section 6, thence NO Y Public
' Narlh g9drgrn•s a5 minutes East along . ,
the South line thereof a distunce of '
M.6 ft, to a point on the Yr'esterly pro-
posed right of way line of- U.S. My Commlealon Expires:
Highway 21 for the point of beginning:
thence North N degrees right
minutes i
East along said fpimpoOet!
fe right of way
linen North of degrees
feel w a point
Nesta North 03 tlpot i6 minuses
Enst alista said proposal right of way
line a distance of 3a;.0 teat to a point '
i thence North g9 degrees 16 niinmes Fees for Printing _ i_
East a distanco of 167.9 feet too point 1 • • ;`:
on the ,Westerly existing right of way
Iine of U.S. lli ghway 71 thence South Coat of Proof. a
29 degrees M minutes West along salt]
exisiting right of way line of distance
Of M0 feel to the point of beginning Total 5
and cunwining l •G acres, more or less.
item
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