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Home My WebLink AboutOrdinance 3041 ' _ N ' FL/R R`CORD` 8y OCl jZ p/1 1 48' K 5H/N ORD RWRLA - 4LM4 1 Kp : UNTY AR AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITIM R84-17 FOR A PARCEL CONTAINING . 15 ACRES LOCATED ON THE WEST SIDE OF NORTH EAST AVENUE 146 FEEL' NORTH OF SPRING STREET . BE TT ORDAIIM BY THE BOARD OF Dn=MRS OF THE CITY OF FAYETTEMIF, ARRADBAS: Section 1 . That the zone classification of the following described property is hereby changed as follows : R84-17 described as set out in Exhibit "A" attached hereto and made a part hereof . From R-O Residential Office District to C-2 Thoroughfare Commercial District . Section 2 . That the official zoning map of the City of Fayette- ville , Arkansas , is hereby amended to reflect the zoning change provided in Section 1 above . PASSED AND APPROVED this 161-1, day of October , 1984 * APPROVED: V• 1 ,i I • ' ? } r a : ' Mayor fLl'xt } . rF. .. ATTEST : • k4�om IP ' Ci Clerk 6�� 11?2PAGE539 EXHIBIT 'A• APPEAL NO. R84-17 : The following described parcels located in Washington County , Arkansas : Part of Block 2 , Original Town Plat of Fayetteville more particularly described as beginning at a point 146 ' N of the SE corner of Block 2 , thence N 49 ' ; thence W 130 ' ; thence S 49 ' , thence E to the place of beginning , CERTIFICATE OF RECORD \ CERTIFICATE OF RECORD � L . fE OF ARKA^1.iA5 SS. State of Arkansas � . ,ington Count+ 1 $S I , .;.. na L. Kalma • : ':ir^.uit Clnrle, and Ex-officio Recorder for City of Fayettcvitle Washington Cowri;•. b ! rrsby -erfify that the annexed or fore- 1, Suzanne C. Kennedy, City C going instr�m,ee►nt was iilaaau�d for record in my office on thaGuday Ea-Officio recorder for the City of F ay:ae 7 of _—_]./58 19V—at_l;4j}b'c!o4 M, and the sam is do hereby certify that the annexe:? -r f duly recorded in_�6Md— record 1.1�L"I�. at page 9 ging is of record in my office and the s:nne ap• Witness my hand and seal this-U- day of�s. 19-" pmts in Ordinance & Resolution boot: �ed11FL_�SSdr�e�r Circuit Clerk and —�A---at page Witness rn! Ex ofricio Recoed band and seal th' lay of Ely— 9 Deputy Clerk Ci Clerk and Ex win 'tc: rdcr , 4 t •1 I1' � •l ' � r� 5\ I , � • 1' l \ I INVOICE MAKE CHECKS FOR CLASSIFIED PAYABLE TO ' ADVERTISING CLASS CODE I N -r� =- AMeuNr NORTHWEST = ARKANSAS TIMES P.O. DRAWER 1 212 N. EAST AVE. FAYETTEVILLE. AR 72701 AGATES LINIORDSI INCHES ZONE EDITIONS OPER S/V • f" r SKIP SCHEDULE TO: AD GIVEN BY PHONE _ _ ' _ - . . L ? '•' INDEXING TERMS ?R D1NAh:CE .NO. START DATE I STOP DATE `_mac STATE of ARKANSAS ORDINANCE NO. 3041 e9. An Ordinance rezoning that County of Washington property described in rezoning ,petition R114-17 for a parcel con fairing .1S acres located on the !. West side o1 North East , ( yt � � } � � Avenue 146 feel North of Spring I, �o�"'v-�� vie �f�-�-- hereby certify than Street. am the publisher of TRE NbFTT1IWMtjTRKANSAS TIMES, a daily newspaper Be it ordained by the Board having a second class mailing privilege, and being not less than four pages of of . Directors of the City of Fayetteville, Arkansas: five columns each, published at a fixed place of business and at a fixed (daily) section 1. That the zone intervals Continuously in the City of Fayetteville. Countv of Washington, Arkansas classification of the following for more than aeriod of twelve months, circulated and distributed from an described. property is hereby p changed as follows: established place of business to subscribers and readers generally of all classes R9447described as set out in in the City and County for a definite price for each copy, or a fixed price per Exhibit "A" attached hereto and made a part hereof. I annum, which price was fixed at what is considered the value of the publication. From R-0 Residential Office based uponthenews valueand service value it contains, that at least fiftvpereent District to cThoroughfare Commercial District. of the subscribers thereto have paid cash for their subscriptions to the newspaper Section 2. That the official or its agents or through recognized news dealers over a period of at least six zoning map of the city of months; and that the said newspaper publishes an average of more than forty Fayetteville, Arkansas, is hereby amended to reflect the percent news matter. zoning change provided in Sec- tion 1 above. PASSED AND APPROVED I further certify that the legal notice hereto attached in the matter of this 16th day of Octdber, 19114. APPROVED : By: Paul R. Noland Mayor ATTEST : By : Suzanne C. Kennedy . / City Clerkwas published in the regular daily issue of said newspaper for EXHI Brr "A" consecutive insertions as follows: APPEAL NO. RU-17: The fol. lowing parcels located in ,,�� ....,pp-_ o' / Washington County, Arkansas: The first insertion on the ' `� day of e °{�/.i k k� 19 - Part of Block 2, Original Town Plat of Fayetteville more the second insertion on the day of 19 beginning at � point 1"' of the S tnq of a point Block N of the third insertion on the day of 19 the SE corner--of 8 1 '; }hence N �49'; thence W 13(1'; thence S 49', thence E to thel and the fourth insertion 0 e day of 19 polntof beginning. i Sworn to and subscribed before me on this day of L , Joary Publi My Commission Expires: � ✓ v Fees for Printing ____ S jc a 7 • ! Cost of Proof -- S .__ --- Total __-._ . S &c2l % Q -. MCALLISTER & WADE , P . A . ATTORNEYS AT LAW 20 E. CENTER STREET P. O. SOA 1000 FAYETTEVILLE. ARKANSAS 72702 A. D. MCALLISTER CLIFTON WADE LYNN F. WADE November 20 , 1984 1161018741 521-14 t I AREA CODE 501 City Planning Office Post Office Drawer F Fayetteville , Arkansas 72702 ATTN : Bobbie Jones Re : Bill of Assurance - First Service Corporation , a wholly owned subsidiary of First Federal of Arkansas and Libby Simmons Dear Ms , Jones : Enclosed find file -marked copy of Bill of Assurance which we have recorded pertaining to the above captioned matter . We thank you for your assistance . Very truly yours , MCALLISTER 6 WADE , P . A . LFW/eg Enclosure cc : Malcolm McNair , Jr . Libby Simmons FILED FGR ° ECDRO 9 Psi 3 21 d/ S H' C T GO .1 BILL OF ASSURANGE �I , L - UN T ;' q ,q KOLLAI : v = R Cfi? Ct11T rl ERK This declaration of a Bill of Assurance made this jq day of 2 , 1984 by the undersigned , First Service Corporation , a wholly owned subsidiary of First Federal of Arkansas , Fayetteville , Owner , and Libby Simmons , Tenant , of real property located at 215 North East Avenue , Fayetteville , Arkansas ; WHEREAS , the aforesaid , Owner and Tenant of said property desire to enter into a lease of the ground floor of the building located at 215 North East Avenue for the purpose of operation by Tenant of retail sales of used clothing and collectibles ; and WHEREAS , the Owner and Tenant have promised and agreed to certain conditions on the use of the above property ; and . WHEREAS , the Owner and Tenant 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 amenitites in the community and to bind the Owner and Tenant and their respective successors and assigns in the real estate above described with the obligations and restrictions hereinafter set forth for present and future development and use of said property . NOW , THEREFORE , the Owner and Tenant declare that the above described real property shall be held , developed , transferred , sold , conveyed and occupied subject to the covenants and restric - tions herein set forth : 1 , That the ground floor of the existing . building at 215 North East Avenue , Fayetteville , Arkansas shall be used only for retail sales of used clothing and collectibles . 2 . This Bill of Assurance shall be binding upon Owner , Tenant and their successors and assigns . WITNESS our hands and seals thisIL��—G"day of � li'GGXI, 1984 . FIRST SERVICE CORPORATION , A Wholly Owned Subsidiary of First Federal of Arkansas , Fayetteville , OWNER ByM • MC)D� &n1—�lc�,, . . LIBBY SIMMONS , TENANT WX4 ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss . COUNTY OF WASHINgTON ) On this Mffday of -)1 1984 , before me , a notary public , personally appear d qualifand acting , within and for the said County and State , appeared in person , 'j) . ala1C0jM WAk- W . TV , , on behalf of First Service Corporation , A Wholly Owned Subsidia y of First Federal of Arkansas , Fayetteville , a corporation , and was duly authorized in his respective capacity to execute the foregoing instrument for and in the name and behalf of said cor - poration , and further stated and acknowledged that he had so signed , executed and delivered said instrument for the con - sideration , uses and purposes therein mentioned and set forth . IN TESTIMONY WREOF , Iunt e her o set my hand and offi - cial seal this �T= day of � , 19 4 . Notary Public My Commission Expires : ell- i/ , 90 ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss . COUNTY OF WASHINGTON ) BE IT REMEMBERED , That on this day came before the under - signed , a Notary Public within and for the County 'aforesaid , duly commissioped and acting , personally appeared Libby Simmons to me well known as the person whose name is subscribed to pthe foregoing instrument and that she executed the same for the con - sideration and purposes therein mentioned and set forth . / W ' t s my h_a?g.dQ- and seal as such Notary Public this qL day o f �h.�PiY�-G�/( , 1984 * (;�i /64t�� Notary Public My Commission Expires :