HomeMy WebLinkAboutOrdinance 3047 St
FILED
FOR RECORD
'6S JAS! 14 All II 53
V�ASHINGTC !( COUNTY
ORDINANCE NO. 3047 ALMA - " R
r ALi MEY 1
MICROFILMED CIRCUIT_ CLER !{
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION R84- 19 FOR A PARCEL
CONTAINING . 49 ACRES LOCATED AT THE SOUTHEAST
CORNER OF WEST NORTH STREET AND NORTH GARLAND
AVENUE .
BE TT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYEITEVIL E,
ARKANSAS:
Section 1 . That the zone classification of the following
described property is hereby changed as follows :
R84-19 described as set out in Exhibit "A" attached hereto and
made a part hereof .
From C- 1 Neighborhood Connercial 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 6th day of November 1984 .
,
c� �•'r �•_' ' • , `.n % APPROVED:
�'
By :
Mayor
ATTEST:
By:
Ci Clerk
solo
EOCK �� p
�pr�GE�
EXHIBIT 'A'
Petition No . R84-19 : The following described property located in
Washington County , Arkansas :
Part of Lots 5 , 6 , 7 , 8 , and 1 in Block 4 , Rose Hill Addition ,
to wit : Beginning at SE corner of Lot 5 and running S 89 degrees ,
29100" W along south line of Lot 5 112 . 70 ' to point on easterly
row line of Garland Avenue , thence N 7 degrees 44 ' 00" E 145 . 70 '
along said row ; thence N 63 degrees 20 ' 00" E 41 . 60 ' along said
row, thence N 89 degrees , 29 ' 00" E 65 . 90 ' to the center of an
abandoned alley ; thence N 15 . 20 ' along the center line of said
abandoned alley ; thence N 89 degrees 20 ' E 10 ' ; thence N 88 degrees
42147 " E 52 . 71 ' ; thence S 79 degrees 19 ' 00" E 79 . 80 ' ; thence
S 34 degrees 41100" E 15 . 60 ' to a point which is the SE corner
of said Lot 1 ; thence S 89 degrees 29100" W 150 ' to center line
of said abandoned alley ; thence , along center line of abandoned
alley S 150 . 03 ' ; thence S 89 degrees 29100" W 10 ' to point of
beginning and containing 0 . 49 acres more or less .
CERTIFICATE OF RECORD
State of Arkansas ( SS
City of Fayetteville
1, Suzanne C. Kennedy, City Clarh and
Ex-Officio recorder for the City of Fayettoaiile,
do hereby certify that the annexed ar f ; rir
uchTi � 1CAfE OF RECORD going is of record in my office and the ,;rm , ap.
Pears
in Ordinance & Resolution bona
SPATE Of ARn•�,""` = sS. --4u'---at page--.2 Witness my
7. � � rorderfor ��S
Washington Co •� I � �n. ,.g-OiPirlo Re • hand and alt 'c _ day of
I Alma L. Kollmeyer, Circuit Ci" °' • annexed or fore.
do hereby cat:rf•g ,h•�i ck'- =
Washington County, Is L
in was filed for record in mlea d tha miR'dA., , it Jerk and
goings t }o'cloc S ".Or
1 �� at page
d record --1
duly corded in may of
witness my hand and sealthln N^^ -
//11 CirculClerk and
�.O�do Recorded
1 pepaty. CIer16
. E�-� 1128i' ;G193�
tr
c\ BILL OF ASSURANCE
KNOW ALL MEN BY THESE PRESENTS : C� r ) g o
WHEREAS , Sterling P . Anders and Kay Z . Anders , Husband and
hereinafter called "Anders , " are the owners of lands lying in the City
y
of Fayetteville , County of Washington , State of Arkansas , described as
follows :
Apart of Lots Five (5) , Six (6) , Seven (7) , Eight (8) , and One (1)
in Block Four (4) Rose Hill Addition to the City of Fayetteville ,
Washington County , Arkansas , more particularly described as follows
to-wit : Beginning at the Southeast corner of Lot 5 , Block 4 , Rose
Hill Addition and running S 89 ° 29 ' 00" W along the South line of
said Int 5 a distance of 112 . 70 feet to a point of the Easterly
right-of-way line of Garland Avenue (State Highway 112) , thence N
70 44' 00" E 145 . 70 feet along said right-of-way thence , N 63 ° 20 '
00" E 41. 60 feet along said right-of-way ; thence , N 89° 29 ' 00" E
65 . 90 feet to the center of an abandoned alley ; thence, North 15 . 20
feet along the centerline of said abandoned alley ; thence, N 89 °
29 ' 00" E 10 . 00 feet ; thence N 88° 42 ' 47" E 52 . 71 feet ; thence S
790 19 ' 00" E 79. 80 feet ; thence S 34° 41 ' 00" E 15 . 60 feet to a
point which is the Southeast corner of said Lot 1 ; thence , S 890
29 ' 00" W 150 . 00 feet to the center line of said abandoned alley ;
thence , along said center line of abandoned alley South 150 . 03
feet ; thence , S 89° 29 ' 00" W 10 . 00 feet to the point of beginning
and containing 0 . 49 acres more or less .
and,
WHEREAS , it is deemed desirable that the said above described
property be rezoned by the Fayetteville Planning Commission and the City
Board of Directors from C-1 "Neighborhood Commercial" to C-2 "Thoroughfare
Commercial" subject , however , to certain restrictions hereinafter set
forth ,
NOW, THEREFORE, for and in consideration of the benefits to accrue
to Anders , their heirs, successors , and assigns , which benefits they
acknowledge to be of value, and in exchange for certain representations
and commitments made by Anders to the Fayetteville Planning Conmission
and the City Board of Directors , the above described property shall be
subject to the covenants and restrictions herein set forth :
1. The subject property shall be zoned C-2 "Thoroughfare Commercial"
and said property may be used for all purposes permissible under the
Code of Ordinances of the City of Fayetteville defining C-2 , except the
following :
BILL OF ASSURANCE
Page Two (2)
A. From Use Unit 4 : Detention Home , Theater , Zoo , Private
Club or Lodge
B. From Use Unit 14 : Dance Hall , Restaurant with dancing
and/or entertainment , Mimbership Lodge , Motion Picture
Theater , Night Club , and Tavern
C. From Use Unit 16 : All named under Transportation Service
D. Fran Use Unit 19 : All uses
E. From Use Unit 20 : All uses
F. Package Store
2 . The above described real estate and any interest therein shall
be held, owned and conveyed by Anders , their heirs , successors and
assigns , subject to and in conformity with this Bill of Assurance ; and,
this Bill of Assurance shall be effective when approved by the Fayetteville
Planning Cotmiission and the City Board of Directors , and filed with the
Circuit Clerk and Ex-Officio Recorder for Washington County , Arkansas .
WITNESS our hands and seals this "= day of December , 1984.
Sterling . Anders
Kay Z .
STATE OF ARKANSAS )
) ss
COUNTY OF WASHINGTON )
BE IT RIIMEMffiIItED that on this day came before the undersigned, a
Notary Public , within and for the aforesaid county and state duly commissioned
and acting , personally appeared Sterling P . Anders and Kay Z . Anders , to
me well known as the persons executing the foregoing Bill of Assurance
and stating that they had executed same for the consideration and purposes
therein mentioned and set forth .
WITNESS my hand and seal as such Notary Public this aD�' day of
1984.
NOTARY PUBLIC
Yj Lb�massxo/n`�( Expires :
Approved:
FAYETTE VIL F PLANNING COMMISSION
. . . . . . .. . .
Date :
CITY OF FAYETTEVIL.E BOARD OF DIRECTORS
Book1128p(,A34
Date :
J/
CERTIFICATE OF RECORD, V
, . . .. .
.Wa hington CountyAS 1 SS.
It ) JY
•Wa hin a l' KollmeYer, Circuit Clerk an
, .17 stop County, do hereby d Ex-Officio Recorder f
nstrument ycertify that or
pf was filed for r the annexed r '
ecor
tlul g din my office on ore• .
Y r rded in � 'clot th:Nday
.Witness my hand and seal t ' record and the Sam is
.day of et Pag° 4 I
19
Circuit Clerk and
By
.Offici Recorded ,
- ePuty Clerk
I
INVOICE MAKE CHECKS
I
0a9927 FOR CLASSIFIED PAYABLE TO --►
ADVERTISING
CLASSCODEoDNT NORTHWEST
102 ' �"]l ' � ' 1 ''' ARKANSAS TIMES
P.O. DRAWER D
PAY ^�'_1j lz 212 N. EAST AVE.
` FAYETTEVILLE. AR 72701
AGATESLIN WORDS INCHES ZONE = 11=-05992? 01 / 145/e..
EDITIONS OPER S/V
SKIP SCHEDULE
F— COit of FayettaviIle
AD GIVEN BY PHONE y
� O1 - 000-000 Drauer F
INDEXING TERMS
r ";1RDLNANCE "•!o . 3OM? ' AN ORD Fayetteville AR
START DATE STOP DATE 72702
I r
AETURN THIS PORTION WITH PAYMENT
c'
STATE of ARKANSAS 11
as.
ORDINANCE No. 30/7 County of Washington 111
AN ORDINANCE REZON-
ING THAT PROPERTY
DESCRIBED IN REZONING I rl 1v hereby certify that I
PETITIONFOR A
' PARCEL CONTAINING A9 am the publisher of THE NORTHR'ESI' ARKANSAS TIMES, adaily newspaper
ACRES LOCATED AT THE having a second class mailing privilege. and being not less than four pages of
SOUTHEAST CORNER OF
WEST NORTI4 STREET AND five columns each, published at a fixed place of business and at a fixed (daily)
NORTH GARLAND AVENUE. intervals continuously in the City of Fayetteville. County Of Washington, Arkansas
BE IT ORDAINED BY THE for more than a period of twelve months. circulated and distributed from an
BOARD OF DIRECTORS OF
THE CITY OF FAY ET- established place of business to subscribers and readers generally of all classes
TEVILLE, ARKANSAS : in the City and County for a definite price for each copy, Or a fixed price per
Section t. That the
ol zone annum, which rice was fixed at what is considered the value of the publication,
classification ' of at following P
described property is hereby _-- based upon the news value and servicevalue itcontains, that at least fifty percent
changed described
of the subscribers thereto have aid cash for their subscriptions to the newspaper _
angel as follows:
os set out in P P
Exhibit , "A" attached hereto or Its agents or through recognized news dealers over a period of at least six
and made apart hereof. months; and that the said newspaper publishes an average of more than forty
From ial1 Neighborhood to C-2
Commercial District to C-2 percent news matter.
'
Thoroughfare ' Commercial -
District. I further certify that the legal notice hereto attached in the matter of
Section 2. That the official �'
zoning map Of the .City of
Fayetteville, . Arkansas, is
hereby amended to reflect the
zoning changc,ProvitleE in Sec
tion 1 above. l I r
PASSED D
E
AND APPROVED was published in the regular daily issue of said news a er for
this 6th day November, VE P P+ P P
APPROVED:' consecutive insertions as follows:
By: Paul R. Nolan. / / �u
Mayor I—L 3 ,/ATTEST The first Insertion on the Lday of 19
By: Suzanne C. Kennedy (/
City Clerk' •n .';• rr;
EXHIBIT "A" ' the second Insertion On the day of 19
Petition No. 1191-09; The fol. ,
lowing described property. the third Insertion on the day of 19
located In Washington County,
Arkansas: '
Part of Lots 5, 6. 7, 9, and l in, and the fourth insertion on the day of 19
Block 1, Rose Hill Addition, to.
wit: Beginning at SE corner of M C A
Lot 5 and running t 99 line
of Lot 1
29;00" 0' along p south line of Lot . -
5 112.70' of point on easterly. LL(
row Zine of Garland Avenue. worn to and subscribed before me on this dal of
thence N 7 degrees
raw;
; the E
115.70: along said row; tnence �UL 9 CJ K
N 63 degrees , the E 11.689 Q
along saitl row, thence N 9e
degrees, 29n a E 65.90' al the
;*center of an abandoned alley; J v"L1WLC1—
„thence N 15.20' along the center N ry Public
line of said abandoned alley;
thence N 89 degrees 20' E 10'; '
thence N 98 degrees 12.17" E I My Commission Expires: , iI! ) ''.,.
52.71'; thence S 79 degrees I
19'00" E 79.80';' thence S 34 ,
degrees 11'00" E 15.60' to a
point which is the SE corner of
said Lot 1; thence S 119 degrees
29100" W 150' to center line of
Mid abandoned alley; thence.
along center line of abandoned i1
alley S 150.03'; thence S 691 � / / D
: degrees 29.00" W 10' to point of • Fees for Printing' -- _ $ .___L-
beginning and containing 0.19
_acres more or less.
Cost of Proof -- 5
Total —__ ScV,
` ���