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Home My WebLink AboutOrdinance 2775 v 1, FOR RCCOI3o 1981 Nov I o^ 411 it OS ORDINANCE N0 , a :Z `va �aLF1A� K, `' OUINITY, , t. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IIIEk PETITION R- 81 - 17 FOR A PARCEL CONTAINING 1 . 5 ACRES LOC 46 ON THE SOUTH SIDE OF NORTH STREET BETWEEN THE RAILROAD TRACKS AND SKULL CREEK . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the zone classification of the following, describe�property is hereby changed as follows : R- 81 - 17 described as set out in Exhibit "A" attached hereto and made a part hereof . From R- 3 High Density Residential District to I - 1 Heavy Commercial and Light Industrial District . Section 2 . That the official zoning map of the City of Fayetteville , Arkansas , is hereby amended to reflect the zoning change provided in Section 1 above . PASSED AND APPROVED this I day of 1981 . APPROV �P O K. F ' E ) J; '' MAYO ATTEST . . '< CERTIFICATE OF RECORD of Arkansas City of Fayettevi?le SS /� � > ITTY CLER Ste . Vici1n ISeetLet, City Clerk ' • , t, cordir for t1 e City of and I;x-Officio ce tify ti, , ,. F Yetteville, do here- -: record in t'''e `annexed or fore;oinF' is ord y Office Pears ill and the wine Urdinnnce Resolution boo;; ap —aj—L�st Page Witness m hand and seal tht�_ r/ c y �— -- ay of 19 �•� . f`r �.: tY Clerk and Ex-Officio ecorder M00FILMED • i 1 -.. E X H I B I T A " A part of the NE4 , SW4 , Section 9 , T - 16 -N , R- 30 -W more parti - cularly described as follows : to -wit ; Beginning on the North Line of Said NE-;, of the SW4 in the Middle of Skull Branch 815 feet West of the Center of said Section 9 , thence East 115 feet more or less to the West R . O . W . of the S . L . and S . F . Railroad thence Southeasterly along the R . O . W . 469 . 24 feet more or less to the intersection of the middle of said branch , thence Northwesterly along the Center line of Skull Branch 483 . 12 feet to the point of beginning . ALSO , area leased from Burlington Northern Railroad : Part of the NEI, , SW4 , Section 9 , T - 16 -N , R- 30 -W , more particularly described as follows : Beginning at a point where the West right - of - way line of the Burlington and Northern Railroad intersects the South right - of -way line of North Street , said point being 700 feet more or less West of the center of said Section 9 ; and running thence East 40 feet ; thence South 210 feet ; thence East 85 feet ; thence South 250 feet ; thence West 85 feet to the East line of Skull Creek ; thence Northwesterly following said creek 90 feet to the East line of property owned by David and Jeane Randle ; thence North along said East property line 390 feet more or less to the point of beginning . c� CERTIFICATE OF RECORD STATE OF ARKANSAS SS. WashinCton County It Alma L. Kollmoycr, Circuit Clerk �dEx-officioRe=ordl re- Washington County, do horcby ccrtih Chet thn annoxed or o•/per going lnstrum nt was fi" d - rrecord in rn oofPcc on tho-I Y'3y of 19 +`�p—s''clo�l��t�7, ap'll tha same duly recorded In _ record_ paB�� Witness my hand and seal th; -day of — i Circuit Clark and c.Officio Recc u d B Deputy Clerk 3l 5 STATE of ARKANSAS County of Washington Gam"• i f Alf • — ' — - 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 ORDINANCE NO. 2rr5 four pages of five columns each, published at a fixed place of business and at THAT PROPERTY DES' AN ORDINANCE RE20NINC CRIBED IN a limed (drily) intervals continuously is the City of Fayetteville, County of REZONING NT ININ 43;.GFORA Washington, Arkansas for more than a period of twelve months, circulated PARCEL CONTAINING 1.5 ACNES LOCATED ON THE SOf1TN SIDE OF and dlsUlbuted from an established place of . business to subscribers and NORTH STREET S7MEEN, THE readers generally of all classes in the City & County for a definite price for CREERAILK AD TRACKS AND SKULL CREEK. each copy, or a fixed price per annum, which price was t11sd at what 1s RE"RECTORS O T E CITY 00 considered the value of the publication, based upon the news 'value and OF DIRECTORS OF THE CITY OF FAY tion 1. LLE, ARKAN$AS: service value it contains, that at least fifty percent of the subscribers Schti°^ 1,fTbaollow the zone clasei9ca- thereto have paid cash for their subscriptions to the newspaper or its agents U d the followinH described proper- tyisnerebycnangMasfollows: or through recognized news dealers over a period of at least six months ; R31.1] descriRM as set out in Ex. nihil ••A" altar hed renew and made a and that the said newspaper publishes an average of more than forty percent part R-3 news matter. District to 13HNeevy Commereulnand Light lndurlrlamistrict . I further certify that the legal notice hereto attached in the matter of Section 2. That the official zoning map Of theCitydFayetteville,ectArkaw the n M, is change provided b reflect the �\ I �{ �v1 a 1abort change provided in Section 1 -- , slave. j PASSED AND APPROVED this 9rd I day of November, fall. APPRDVED: was published In the regular daily issue of said newspaper for Johnrodd consecutive insertions as follows: ATTEST:. .•- : - . ,MAYOR Vivian Koettel : . • -t CITY CLERK - The first Insertion on. the :� 1 day of exulsrt ^A^ day of 19 A part d the NEI I,m more Section ly the second insertion On the described R3aol more particularly described as follows: Sit Beglnn- trig on the North Lined Said NEV. of the third insertion OII the day of 19 Ils SW!yin the Middled Skull Branch fed Wert d the Center d said l Ss the W�i theme W.lof three s L nand S.F and the fourth insertion on the Aey of 19 Railroad theme Southeasterly along the R.O.W. si9.24 feel more le less to the ch, themed the middled said trench, theme fNOrtinvesterlyBrant along . the Cooter lion d Skull Branch IlnUZ, � fret w Ua• point d beginning. ALSO, area (eased from BvrIloglen Northern Sworn to and subscribed before me on this day of Railroad: Part of the NE14. SW:a, See _ tion 9. T-16-N. R3LLW, mare ' par_ \ titularly described as fellows: Begina- ing at a point where the West rightgf- -L 0(1 / ( f �•' i, 7 2 19� way lire of the Burlington and Nor- thern Railroad intersects the Sou rightd-way line of North Street saidth , . point being 7W fat more or Ins West dthecenterofsaid Sections; andmn- NO Public ring thence East b feel; theme South 219 feet; thence East BS feel; thence South 250 feet; thence Weat a5 fed in tla East lira Of Skutt C7xk;. theme " Northwesterly following Said creek 9l My Commission Expires; d; i• 1(lli, �'' . feel IO the East If" Of property owned by David and Jeans Randle: theme North along mid Fast property line 090 . ,` I• . 1 feet more or less w the point of begin- I ` C� 4, a .. _ .- Fees for Printing . t Cost of Proof. x Total �_ ' l: • I,.1• •,t;.. •. BILL OF ASSURANCE OF c/RCU/ (�FYTrq 0? �cr7!/FA h'.r DAVID RANDLE and JEANE RANDLE I Thiseclaration of a Bill of Assurance made this day of 1981 , by DAVID RANDLE and JEANE RANDLE , owners of the following described real estate located in the City of Fayetteville , Washington County , Arkansas , and more particularly described as set out in Exhibit "A" attached hereto and made a part hereof . WHEREAS , the aforesaid owners of the real property described I above have secured the approval of the Fayetteville City Board of Directors to amend the Fayetteville zoning map and i rezone the above described property from R- 3 , High Density Residential , to I- 1 , Heavy Commercial and Light Industrial ; and WHEREAS , the owners have promised and agreed to subject the development of said real estate pursuant to certain covenants Cy 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 their 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 i herein set forth : I . No use permitted under Use Units XVIII , XXVII , or XXVIII I of the Fayetteville Zoning Ordinance ( Appendix C to the Fayette - 11159 i Ire ville Code of Ordinances ) shall be constructed or operated on the above described property . WITNESS my hand and seal on this day of , 1981 . 921;p DA RANDLE JF�t� E RANDLE STATE OF ARKANSAS ) ) ss : COUNTY OF WASHINGTON ) ACKNOWLEDGMENT I BE IT REMEMBERED that on this day came before the under - signed , a Notary Public , within and for the County aforesaid , duly commissioned and acting , DAVID RANDLE and JEANE RANDLE , husband and wife , to me well known , who acknowledged that they executed the foregoing Bill of Assurance for the consider - ation and purposes therein mentioned and set forth . I / .� WITNESS my hand and seal as such Notary Public this L4 day of ,t/oven,bei 1981 . i i OO l ` �< " ,,r.. �'• ;..`4,��, o ry P is � Cbmmission Expires : palm - 2 - - 1052 X65 t E X H I B I T A " A part of the NEI. , SW41 Section 9 , T - 16 -N , R- 30 -W more parti - cularly described as follows : to -wit ; Beginning on the North 1 Line of Said NE, of the SW4 in the Middle of Skull Branch 815 feet West of the Center of said Section 9 , thence East 115 feet more or less to the West R . O . W . of the S . L . and S . F . Railroad thence Southeasterly along the R . O . W . 469 . 24 ` feet more or less to the intersection of the middle of said branch , thence Northwesterly along the Center line of Skull Branch 483 . 12 feet to the point of beginning.. ALSO , area leased from Burlington Northern Railroad : Part of the NEA. , SW4 , Section 9 , T - 16 - N , R- 30 -W , more particularly described as follows : Beginning at a point where the West right - of - t: way line of the Burlington and Northern Railroad intersects the South right - of -way line of North Street said g Y point being ¢ 700 feet more or less West of the center of said Section E 9 ; and running thence East 40 feet ; thence South 210 feet ; thence East 85 feet ; thence South 250 feet ; thence West 85 feet to the East line of Skull Creek ; thence Northwesterly following said creek 90 feet to the East line of property owned by David and Jeane Randle ; thence North along said C East property line 390 feet more or less to the point of < beginning . f i` 1 ;# 52 267 J CERTIFICATE OF RECORD STATE OF ARKANSAS Washington County SS. I, Alma L. Ko'Imiver, Circuit Clerk and Ex-Officio Recorder for Washington Coun `y, co h^_r^by cer®fy that the ann,xerl or fore- going instrument rris fr' +d far re-or,$ in eiy off,-2 on ttgBay of- —�'' V- 19M- -at�t77/�QZ Ai. the s, mc its duly recorded in_)61111 � rl-or,^�QJ5A : naC(�� Witness my hand and �_al " day Of Circuii Clork and —n