HomeMy WebLinkAboutOrdinance 2801 ORDINANCE NO . c> /
AN ORDINANCE REZONING THAT PROPERTY IN THE CITY OF AN
FAYETTEVILLE , ARKANSAS , DESCRIBED IN REZONING PETITION
NO . R 82 - 3 FOR A PARCEL CONTAINING 1 . 05 ACRES LOCATED 9qe
ON THE SOUTH SIDE OF NORTH STREET IMMEDIATELY WEST'W „j O
THE BURLINGTON NORTHERN RAILROAD TRACKS .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITI� f Oq> FC
FAYETTEVILLE , ARKANSAS :
. Section 1 . That the zone classification of the follow],-
described property is hereby changed as follows :
R 82 - 3 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 � day of
1482 .
InROVGED
z
f
/4 �ds �•.•ETT�` a
MAYOR
co
CITY C ERK
m1059 475
/y
Commencing at the intersection of the center line of
Lessor ' s Main Track with the east and west center line
of Sec . 9 , T- 16 -N , R- 30 -W , Washington County , Ark . at
Fayetteville ; thence southerly along the center line of
said Main Track 38 . 3 ft . ; thence westerly at right
angles 22 . 5 ft . to a point 8 . 5 ft . perpendicularly
distant in a westerly direction from the center line of
Lessor ' s Industry Track for a point of beginning ;
thence southerly parallel with said Industry Track 355
ft . ; thence westerly at right angles 127 . 5 ft . to
Lessor ' s westerly right of way line which is parallel
with and 150 ft . perpendicularly distant in a westerly
direction from the center line of aforesaid Main Track ;
thence northerly along said right of way line 367 ft . ;
thence easterly 127 . 5 ft . to the point of beginning ,
containing 46 , 028 sq . ft ,
ci;i iiL:\.VR
Slide Ci ( f [
City of rs JJ
Ci r11c and 6c-Officio
record.:r f: r a y of fayot!ovilia, do hero-
by anrexad or foregoi„g is
of rc: o ii•-e and Ina sCrn^ sj-
pet.i_ ,, ..., .pace & Rcsobiion b.ok
—A-I Nge,
hon '
e seal rt;is
City Clerk
Exhibit A
MR159 47.7
CERTIFICATE OF RECORD
STATE OF ARKANSAS I
Washington County I SS.
I, Alma L. Koil,neyar, Circuit Clerk and Ex-Officio Recorder for
Washington County, do hereby certify that the annexed
annexedor ffore•
going instrument was filed for record in my office on thgSd�ay
of — � , l9lp2at��'cloc�&
and the same is
duly recorded in—bQQy ggg—gggrecord-�_q_ at page ep
Witness my hand and se thadayAlerkand
9
=�
Circuit
"x•Officio Recorde
By
Deputy Clerk
STATE of ARKANSAS l
as.
county
County of Washington 1y
• A
–
�(�yy N �� hereby certify that I
am the Publisher of THE NO HWEST ARKANSAS TIMES, a dally
newspaper having a second class mailing privilege* and being not lees 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
— URnIN.CNCx NO.TMI Washington, Arkansas for more than a period of twelve months, circulated
AN ORDINANCE REZONING
.THAT PROPERTY IN THE CITY OF and distributed from an established place of . buelneas to subscribers and
FAYETTEVILLE, ARKANSAS. readers generally Of all classes in the City 4 County for a definite price for
DESCRIBED IN REZONING PFTI- i
TION NO. Rez1 FOR A PARCEL I each copy, Or a fixed price per annum, which price was fixed at what is
CO\'T:VII\'O I03 ACHES LOCATED considered the value of the publication, based upon the news 'value and
ON THE StILTR SIDE OF NORTH,
STREET 1\IMEDIATELY WEST OF. service value It contains, that at least fifty peieeIIt Of the . subscribers
TRE BVRLINOTO\ NORTHER\] . thereto have paid cash for their subscriptions to the newspaper or its agents
RAILROAD TRACKS.
. BE IT ORDAINED BY' THE BOARD or through recognized news dealers over a period of at least six mouths;
OF DIRECTORS OF THE CITY OF and that the said newspaper publishes an average of more than forty percent
FAYETTE\'ILLE. ARKANSAS: I
Section 1. That the [one clnsdica-1 news matter.
lion of One following described proper] -
IVlshereb%Changedasfoil"S: I farther .certify that the legal notice hereto attached fn the matter of
H821 deunbed as NI Wt in ENibitl
"A" attached hreto and made a part
hereof.
From to 11 ighHe vy Co ' Residential �Y u r in a � C r—/1) IX�IIlI 1
District to Id Heavy Cemmereiel rind,I l I ,ll�
Llg{ahc ion 2. ial That District.Sp'orth 1. That the official mtdn .1 /
map of hereby 'amended to
the was published in the regular daily issue of said newspaper for .
ass. n Mehr amended ti rcI1M IhY
amlag change Prm'Idad in Section II consecutive insertions as follows:
above �
PASSED AND APPROVED this 16th
day of mAPPR01'
arch. ED: The first Insertion on. the day of 19
'
Paul R. Soland 11AY'OR�
ATTEST: , the second Insertion on the day of 19
SMm Rowe CITY CLERK
Seal
E&Ithe the third Insertion on the day of 19
Cammemie{ g,1 lir is Sl in Tr of , _
the anttt line of Lessor'r Main Track
with the cert and wen anter ilm of j and the fourth Insertion on the Asy Of - 19
' See. k. T-16-N. R40-W. Washington'
CWrtty. Ark. at Fayetteville: thence
saulMly along the center line of said vI\\ 1 r
'Main hack L.l ft.: therce wnlerly at ` A
:.right ansks 11.6 it. to • point AS ft. � � a�—
IOarMndicukriy distant in a westerly
°imam from 'the anter line of I
Lessor's IndwUy Tuck far a polnl of
beg{inning; theme satherly parallel Sworn to and subscribed before me on this day o
wish raid Insterry Track A'a ins
theme %en art{M angles 117.1 fr.
m 6ealor'r westerly right way hro I CLOR 18
whish B parallel alto an
e esn. II
westerlyperpendiculArly distant In a
aromisai from the center Brie o. Vl
aforesaid Main Track: IMme nether.
1 along said right al way lira x7 It.:' thence easterly 117.1 ft. to the palm of i - - NOtflry Public
•beginning,containing re.lin sq. ft. r"
Itck7.__ . . ..__ _ . _.:j '' . .
My Commission Expires: ,
Fees for Printing
Cost of Proof. f_ .
Total f
VED
APR 121982
ACCOUNTS PAML_
• / 30 �' f�P�� � Ssu2
1 . • .
% l ,
r �
� CJF
, � �, • �. , . r i9 0'Q �
t
Kq �, pR /2 COQ;
BILL OF ASSURANCE14 0 CO
CrRcU tL� rr--4fr�
This declaration of a Bill of Assurance made this 70
Flo 409
day of Z 1982 , by Jack Burge and eGedrg%
Burge , husband and wife , owners of the following described
real estate located in the City of Fayetteville , Washington
County , Arkansas , and more particularly described as follows ,
to -wit :
Commencing at the intersection of the center line of
Lessor ' s Main Track with the east and west center line
of Sec . 9 , T 16 N , R 30 W , Washington County , Ark . at
Fayetteville ; thence southerly along the center line of
said Main Track 38 . 3 ft . ; thence westerly at right
angles 22 . 5 ft . to a point 8 . 5 ft . perpendicularly
distant in a westerly direction from the center line of
Lessor ' s Industry Track for a point of beginning ;
thence southerly parallel with said Industry Track 355
ft . ; thence westerly at right angles 127 . 5 ft . to
Lessor ' s westerly right of way line which is parallel
with and 150 ft . perpendicularly distant in a westerly
direction from the center line of aforesaid Main Tract ;
thence northerly along said right of way line 367 ft . ;
thence easterly 127 . 5 ft . to the point of beginning .
Contains 46 , 028 sq . ft . Tr . No 25625 - 266 .
1� WHEREAS , the aforesaid owners of the real property described
above have secured the approval of the Fayetteville City Board
of Directors to amend the Fayetteville zoning map to rezone
the above described property from R- 3 , High Density Residential ,
to I - 1 , Heap Commercial and Light Industrial .
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
heirs , 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 .
®1060 16
1 - 2 -
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 :
l
I .
No use permitted under Use Units XVIII , XXVII , or
XXVIII of the Fayetteville Zoning Ordinance (Appendix C
to the Fayetteville Code of Ordinances ) shall be constructed
or operated on the above described property .
WITNESS our hands this day of
1982 .
.I
e
ex
URGE
ACKNOWLEDG14ENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
BE IT REMEMBERED , that on this day came before the under-
signed , a Notary Public , duly qualified , commissioned and
acting within and for the aforesaid County and State , Jack
Burge and Georgia Burge , personally known to be the persons
executing the foregoing Bill of Assurance , and stated that
they had executed same for the consideration and purposes
therein mentioned and set forth .
WITNESS my hand an4 s al as such Notary Public on this
day of 1982 .
1f F o ary Public
commission expires :
p� 1 . Yy « :
IOU B ' CERTIFICATE OF RECORD
y'�'T '• • . . -y .p: �Y" fATE OF ARKANSAS
Washington County SS.
I, Alma L. Kollmayer, Circuit clerk and Ex-Officio Recorder for
Washington county, do hereby certify that the annexed or fore•
going in ment was filed for recoid in my office on tho/4day
of 194at_/��o'clocid and the same is
duly rec ded in_�/ � record LOGO at page ( -
Witness my hand and seal this day of 19r 06 ■ �- r
V 1d V
Circuit Clerk and
z-Officio Recorded
By.
._ Deputy Clerk