HomeMy WebLinkAboutOrdinance 2804 � F
APR ! Cp�G
rp
pAd/
1-14C
ORDINANCE N0 . Clkolio
CV 044 yF 4
C4 FPk R
AN ORDINANCE REZONING THE PROPERTY IN THE CITY OF
FAYETTEVILLE , ARKANSAS , DESCRIBED IN REZONING PETITION
NO . R82 - 5 FOR A PARCEL CONTAINING 1 . 94 ACRES LOCATED
} AT THE NORTWEST CORNER OF EAST 15TH STREET AND CURTIS
AVENUE .
'i BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
i Section 1 . That the zone classification of the following
described property is hereby changed as follows :
R82 - 5 described as set out in Exhibit "A" attached
hereto and made a part hereof .
From R- 0 residential office district to C - 1 neighbor -
hood commercial district .
Section 2 . That the official zoning map of the City of
s Fayetteville , Arkansas , is hereby amended to reflect the
zoning change provided in Section 1 above .
PASSED AND APPROVED this day of 1982 .
APPROVED :
1 : CITy .p
l00 �. .• n . MAYOR
! 01 t3 ' T i
W WV ".
T, . •C ERK
1`�
STATS of ARKANSAS 1
JY ea.
County of Washington '
H = - hereby certify that I
-' ORDINANCE N0. 21a1 am the NSAS TIMES, a dailyPublisher of THE NORTHWEST ARKA
AN ORDINANCE REZONING THE ! newspaper having a second class matting privilege, and being not lees than
PROPERTY IN THE CITY OF ;
FAYETIEVILLE, Arkansas, deacrib I tour pages o1 five columns each, published at a fuzed place of business and at
ed in terming petition No. Rgl-5 fa a a fried (daily) Intervals continuously in the City of Fayetteville, County Of
parcel containing 1.94 acres located at
the northwest reser of East nth i Washington, Arkansas for more than a Derfod b twelve months, circulated
Slreeland Curtis Aveoe, and distributed from an established place otuetneee to subscribers and
BE IT ORDAINED by the Board of
Directors of the city of Fayetteville, 1 readers generally of all classes in the City & County for a definite Dries for
Arkansas: - each copy, or a tined price per annum, which price was Lined at what is
Section 1. That the zone classifies-
tion of the following described proper- 1 considered the value of the Publication, based upon the news 'value and
tyishereby changed anfollows: ' service value 1t contains, that at least tltty percent of the subscribers
Rffid described as act out in Exhibit
^A'• attached hereto and made a pan thereto have paid cash for their subscriptions to the newspaper or its agents
hereofFrom R-0 residential office dustier er through recognized news dealers over a period of at least stn months:
to Ca neighborhood commercial and that the said newspaper publishes an average of more thanforty percent
district. ..., .
Section a. That the official rming news matter.
map of the City of Fayetteville. Artao-
sea, Is hereby emended to reflect the ; I farther certify that the legal notice hereto attached to the matter of
:ening Wnge pwided in Section I
Pt I
ASSED AND APPROVED this nhI � nr� ,�
dayd Hills.. -
APPROVED:
Paul R. Nalared ,
" - MAYOR
ATTEST: tip -, 1 ' -' 1 was published in the regular daily Issue of said newspaper for
ry flown
CITYCLERK '°�'• - consecutive insertions as follows :
FAHIRIT••A^ Vii:• '
PartdtbeSWS0fthe NW4cofSeniwl day of
9, T 16 N. R 50 W. being more Per-, The first insertion on. the
tieularty described as: beginning at a ;
point N I degree. 9 minutes E 32all i dam. p{ 19
feet of the Southwest tuner Of said I the second Insertion on the
Section 23 and running thence S 1
degree three minute W 591.60 fat 10 e I19
Point on the North Right of Way lined the third Insertion on the day of
State Highway No. 16, neat along a
curve with a radius of 61610 feet a Any Of
19
distance of WM feel in a northeaster- 1 and the fourth Insertion on the -
ly direction with the North o
Right f �p
Way line of State Highway No. 16: 1 // rd ' f� jw4 -a {)
thence N W degrees 47 minute E 61.211
fat to a point that is the intersection of I
the North Right d Way line of State
Highway No. 16 and the Wet Right of t
Way Ithe of an access toed; thence N
N degrees u minutes w 119.1/ fat ; Sworn to and subscribed before me on this day o1
with the West Right of Way Rae of said
access rad; thence along a curve with
a radius of exf.W fat a distance of t
56.60 feel in a Northwesterly direction19
with said Right of Way Iia; there N (�
31 degree 6e ofb minutes tp" w containing fat
1. the Point a rlitm.ng centaudr,g
1.N sten mwemless. T.. -
1ta1s_., . Notary Pnb11C
My Commission li>fDires: ,•�\� I, , . ! ;IrL ,
VN
rl
Few for Printing
F Cost of Proof a . . . , ' ' ,\
1 Total f
APR 2 6
196E
EXHIBIT "A"
Part of the SW4 of the NW4 of Section 23 , T 16 N ,
R 30 W , being more particularly described as : beginning
at a point N 1 ° 03 ' E 3288 . 11 feet of the Southwest
corner of said Section 23 and running thence S 1 ° 03 ' W
592 . 80 feet to a point on the North Right of Way line
of State Highway No . 16 ; thence along a curve with a
radius of 676 . 20 feet a distance of 227 . 98 feet in a
northeasterly direction with the North Right of Way
line of State Highway No . 16 : thence N 65 ° 47 ' E 87 . 20
feet to a point that is the intersection of the North
Right of Way line of State Highway No . 16 and the West
Right of Way line of an access road ; thence N 24 ° 13 ' W
119 . 37 feet with the West Right of Way line of said
access road ; thence along a curve with a radius of
427 . 50 feet a distance of 56 . 60 feet in a Northwesterly
direction with said Right of Way line ; thence N 31 ° 48 ' 10 " W
412 . 24 feet to the point of beginning containing 1 . 94
acres more or less .
CERTIFICATE OF RECORD
State of Arkansas ( $$
City of Fayvttovilla
I, Sherry Rowe, City Clork and Ex-Officio
recorder for the City of Fayetteville, do here-
by certify that the annexed or foregoing is
Of record in my office and the same &P-
CERTIFICATE OF RECORD pears in Ordinance & Resolution book
STATE OF ARKAMSAS I at page, I
Washington Co_i:,ty I ss- hand and seal thi y.C- Wetness my
1, Alma r .,t � —= _day of
{ - l � ' Cirr-uit Clerk and Ex-Officio Recorder for
going n.ston Co;:n]y. de t=-er,gy certify that the annexed or fore,
9
going Inst melnt w_s fi�lpe,d, for,r,e %rd in my�o1ffice on the,�d
of oY 1C'�at� ay, City Clerk an Ex-Officio Recorder
duly rec d ocord LV and the same is
ed in
/06gi 'f
Witness my hand and seal this at pagan
day __19-zq
Circuit Clerk and
Ex-Officio Re orded
By
Deputy Clerk �0 i �
t 30A ,
BILL OF ASSURANCE 198: QUA/ R R��G��
�R `h/rJR 9 �H /O Qo
This declaration of a Bill of Assurance made 1h,A" TY
,-1dCCU
(22fkday of 1982 , by the City of Faye tte�i � eRAR
Arkansas , owner of the following described real estate located
in the City of Fayetteville , Washington County , Arkansas ,
and more particularly described as follows , to -wit :
A part of the SW4 of the NWk of Section 23 , T16N ,
R30W , being more particularly described as beginning
at a point N 0 ° 52 ' 51 " E 3288 . 11 feet of the Southwest
corner of said Section 23 , said point being on the West
Right - of-Way line of an access road ; thence running
S 320 12 ' 13 " E 427 . 85 feet with said access road
Right - of -[day ; thence along a curve to the right with a
radius of 396 . 1 feet a distance of 55 . 03 feet in a
Southeasterly direction with said access road Right - of -Way ;
thence S 240 14 ' 35 " E 71 . 98 feet with said access
road Right - of-Way ; thence along a curve to the right
with a radius of 30 feet a distance of 47 . 16 feet in a
Southwesterly direction with said access road Right - of -Way
to a point that is the intersection of said access
road Right- of-Way Line and the North Right- of-Way Line
of State Highway No . 16 ; thence S 65 ° 49 ' 03 " W 56 . 99
feet with the Right - of-Way Line of State Highway No . 16 ;
thence along a curve to the right with a radius of 676 . 2
feet a distance of 234 . 04 feet in a Southwesterly direction
with said Right - of-Way Line of State Highway No . 16 ;
J thence leaving said Right - of-Way Line of State Highway
No . 16 and running N 0 ° 52 ' 51 " E 596 . 61 feet to the
v point of beginning and containing 2 . 24 acres more or less .
WHEREAS , the Fayetteville City Board of Directors has
d
amended the Fayetteville zoning map and rezoned the above
described property from R- 0 , Residential Office District ,
to C- 1 , Neighborhood Commercial District ; and
WHEREAS , the owner has agreed to sell said property and
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 estate and its subsequent
owners with the obligations and restrictions hereinafter set
forth for all present and future development and use of said
property .
4"1665 843
1 - 2 -
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 .
Development of said property shall be limited to a
convenience grocery store with gasoline pumps and a car wash .
WITNESS my hand and seal on this ��day of
1982 , ir
CITY OF FAYYYJEE/TTEVILLE , ARKANSAS
Byi /
a � ^ MA OR
XTITTEST:„ .t>i '`
h -
Y
'..CI-TY cGLERK
STATE OF ARKANSAS )
SS :
COUNTY OF WASHINGTON ) ACKNO14LEDGMENT
BE IT REMEMBERED that on this day came before the
undersigned , a Notary Public , within and for the County
aforesaid , duly commissioned and acting , Paul Noland and
Sherry Rowe , Mayor and City Clerk , to me well known , who
acknowledged that they were authorized in their capacity
to execute the foregoing Bill of Assurance on behalf of
said City of Fayetteville , Arkansas , and had executed same
for the consideration and purposes therein mentioned and
set forth .
ITNESS my hand and seal as such Notary Public , this
day of , 1982 .
� ,. . . . . .` •tom . . 0 (!��•
�rr ' 0C ' R ,_,. < = S Notary Public
My” c tl& s.s3on xpires :
.r
•. �• hJ7att p... . . ,
CERTIFICATE OF RECORD
OF ARKANSAS
Washington County SS.
I, Alma L. Ko!lmeyer, Circuit Clerk and Ex-Officio Recorder for
Washington County, do hereby certify that the annexed or fore•
going inst en• w,,s filed for rre�ct9 -lin my office on the 9 da
of �� -o .1` 4f at1�9 y
duly recorded in ads n ° clocke�M, and the samepp'is/
record Drat page�j .
Witness my hand and seal this/_Q day of
_ _ 601665 844
Circuit Clerk and
Ex-Orficio Re corde
Oy
Deputy Clerk
Ona (0113
d' I!
NOTICE OF CANCELLATION OF BILL OF ASSURANCE oZ 't)y
WHEREAS, a declaration of a Bill of Assurance dated May 28, 1982, was filed of record
on June 9, 1982, by the City of Fayetteville, Arkansas, at Book 1065, Page 843, for the following
real property:
A part of the SW 1/4 of the NW %4 of Section 23, T16N, R3OW, being more
particularly described as beginning at a point N 0° 52' 51" E 3288.11 feet of the
Southwest corner of said Section 23, said point being on the West Right-of-Way
line of an access road; thence running S 32° 12' 13"E 427.85 feet with said access
road Right-of-Way; thence along a curve to the right with a radius of 396.1 feet a
distance of 55.03 feet in a Southeasterly direction with said access road Right-of-
Way;thence S 24° 14' 35"E 71.98 feet with said access road Right-of-Way;thence
along a curve to the right with a radius of 30 feet a distance of 47.16 feet in a
Southwesterly direction with said access road Right-of-Way to a point that is the
intersection of said access road Right-of-Way Line and the North Right-of-Way
Line of State Highway No. 16; thence S 65° 49' 03" W 56.99 feet with the Right-
of-Way Line of State Highway No. 16; thence along a curve to the right with a
radius of 676.2 feet a distance of 234.04 feet in a Southwesterly direction with said
Right-of-Way Line of State Highway No. 16; thence leaving said Right-of-Way
Line of State Highway No. 16 and running N 0° 52' 51"E 596.61 feet to the point
of beginning and containing 2.24 acres more or less.
WHEREAS, on April 16, 2019, the City Council of the City of Fayetteville, Arkansas,
passed and approved Ordinance 6173 and changed the zone classification of the property from C-
1,Neighborhood Commercial to CS, Community Services.
NOW THEREFORE, as a result of Ordinance 6173 and the changed zone classification
referenced therein,the Bill of Assurance is hereby null and void and no longer valid or enforceable.
WITNESS my hand and seal on this .2 ( day of May, 2019.
CITY OF FAY' EVIL ARKANSAS
i
BY
��L/
ACKNOWLEDGEMENT
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,14A-904. Li o&6ccp 31)e-a0•6J
who to me is well known, who acknowledged that he was authorized in his capacity to execute
the foregoing Notice of Cancellation of Bill of Assurance on behalf of said City of Fayetteville,
Arkansas, and had executed same for the consideration and purposes therein mentioned and set
forth.
WITNESS my hand and seal as such Notary Public, this c ( day of May 2019.
ate. F (�
v �
j'� $':,v - Notary Public
.`
G oFSB[,„ CO
q Gj
���;. ...9.t3.2023.•