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ORDINANCE NO . 3339 rrn m c o MICR�FII M
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AN ORDINANCE REZONING THAT PROPERTY D%SCRIBED
` IN REZONING PETITION R88 - 2 FOR A PARCEL
CONTAINING 1 . 4 ACRES LOCATED ON THE SOUTH SIDE
OF HIGHWAY 45 EAST , APPROXIMATELY HALF WAY
BETWEEN VIEWPOINT DRIVE AND GREENVIEW DRIVE .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section 1 . That the zone classification of the following
described property is hereby changed as follows :
R88 - 2 described as set out in Exhibit " A" attached hereto and
made a part hereof .
From R- 1 Low Density Residential District to C- 1 Neighborhood
Commercial District ,
Section 2 . That the official zoning map of the City of
Fayetteville , Arkansas , is hereby amended to reflect the zoning
changes provided in Section 1 above .
PASSED AND APPROVED this 9th day of March 1987 ,
APPROVED
Mayor
t ' Clerk
"'11 12'4PAGE W
EXHIBIT "A"
Lot 1 , Hartier ' s Fairview Subdivision less and
except the following to -wit : Beginning at the
SW corner of said Lot 1 in the middle of State
Highway 45 , thence E 215 ' or to a point 2001W
of the SE corner of said Lot 1 , thence N 100 ' ,
thence W 160 ' 8 " to the middle of Highway 45 ,
thence Southwesterly to the point of beginning
as per plat on file in the office of the
Circuit Clerk and Ex-Officio Recorder of
Washington County , Arkansas .
uts� IMPRGE 467
y
CERTIFICATE OF RECORD I, Alma eCircuit Clerk and
fix-officio Recorder
for Washington Counitf✓
State of Arkansas S.S. Arkansas, do hereby certify that this in-
City of Fayetteville }humant was feed for record in MY office
I, Suzanne C. McWethy, City Clerk and ps indicctcd Fer cn and :he same is now
duly recorc-d vAh the acknowledgement
Ex-Officio recorder for the City of Fayetteville, Sad c:atiflc-.c itcreon in ^.ecord Book and
do hereby certify that the annexed or fore-
going is of record in my office and the same ap- page as incicated )hereon.
pears in Ordinance & Resolution book )N �NITniESS WHEREOF, I halo herer "
` / !M at
hand and affixed the seal of said
�LY� at page 313 Witne9F r *y court on the date indicated hereon.
hand and seal this o2� /G f Alma Ko7meyer
1 '� l:ircuit Ciek and
_ fZofficio P^ rder
=City erk and Ex-G-. . s
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BILL OF ASSURA5kk-S2 o
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THIS BILL OF ASSURANCES is given W 9?i1a Mae Walker , a
Single person , as OWNER , to the City of Fayetteville , Arkansas ,
in consideration of the rezoning of the following described
property situate within the City of Fayetteville , Washington
County , Arkansas , to C- 11 Neighborhood Commercial :
Lot one ( 1 ) in Harter ' s Fairview Subdivision to the City of
Fayetteville , Arkansas , as per plat of said Subdivision on
file in the office of the Circuit Clerk and Ex-Officio
Recorder of Washington County , Arkansas , LESS & EXCEPT the
following , to-wit : Beginning at the Southwest corner of
said Lot 1 in the middle of State Highway # 45 , thence East
215 feet or to a point 200 feet West of the Southeast
corner of said Lot 1 , thence North 100 feet , thence West
160 feet and 8 inches to the middle of Highway 45 , thence
Southwesterly to the point of beginning .
In consideration of the rezoning , OWNER agrees to restrict
the use of the following described portion of the premises to be
L, used as though it were subject to the conditions and restrictions
ti
of the R- 1 , Low Density Residential , zoning classification of the
City of Fayetteville , to serve as a buffer zone for surrounding
residential uses . The property so restricted is described as
follows :
Beginning at the Southeast corner , Lot One , Harter ' s
Fairview Subdivision ; thence North 330 feet ; thence westerly
with the right-of-way of State Highway 45 to a point where a
line paralell and 35 feet West of the East line of said lot
intersects said right-of-way ; thence South to a point 135
feet North of the South line of said lot ; thence West to
State Highway 45 right-of-way ; thence Southerly with said
right-of-way to a point 100 feet North and 315 feet West of
the Point- of-beginning ; thence East 115 feet ; thence South
100 feet ; thence East 200 feet to the point of beginning .
This Bill of Assurances shall be effective from such time as
the real estate herein described is zoned C- 1 , Neighborhood
Commercial , and shall remain in effect until the property is
rezoned by the Fayetteville Board of Directors .
It is the intention of the OWNER to guarantee the preserva-
tion of certain values and amenities in the area , and to bind
herself , her heirs , successors , and assigns , and the afore-
described real estate and its subsequent owners with the obliga-
tions and restrictions herein set forth for all present and
030688 . 1 / 23 1N&AGE471
MEA
- 2 -
future development and use of said property .
This Bill of Assurance shall be for the benefit of the City
of Fayetteville , Arkansas , and shall be enforceable by said city
through proceedings at law or in equity . The covenant contained
herein shall run with the land and continue in full force and
effect until such time as the board of directors of the City of
Fayetteville adopt and file in the deed records of Washington
County , Arkansas , an Ordinance abandoning the city ' s rights
hereunder .
Given at Fayetteville , Arkansas , this 8th day of March ,
1988 .
Hila Mae Walker
ACKNOWLEDGMENT
STATE OF ARKANSAS
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 commissioned and acting , Hila Mae Walker , a single person ,
to me well known as the party in the foregoing Bill of Assur-
ances , and stated that she had executed the same for the consid-
eration and purposes therein mentioned and set forth .
WITNESS my hand and seal as such Notary Public this 8th day
of March , 1988 .
�Q •`\Etl, E..•• 4,0 ?'; '\ to Public
r :`,g~:' •i ,� - ••':yam,,
M�, CCFit� i�'sldn Expires :
s •,,
030688 . 1 / 23 list, 1264PAGi472
11 Alma Kollmayer, Circuit Clerk and
Ex•officio Recordzr for Washington County,
Arkansas, & hereby certify that this in-
3trument was 4!a4 for record in ray o fico
tts ini:ziIA hc;an cnJ .ha some is now
duly rccn: : -d vith the ac:mowledgement
c;.J t_.-I 1. ---can in lacord Book and
n . . _ _.. . % I''_'ton.
'S5 IZ1cOF, I have hereunto
J ;wd ctfixod the seal of said
C- . . , C_te indicated hereon.
C' C'''; and
by
STATE of ARKANSAS
as.
County of Washington
" ORDINANCE N0:3229
AN ORDINANCE REZON-
•ING "THAT'_ PROPERTY �/1I /; /1
.DESCRIBED . IN . REZON-
ING
QTS �Lt--,� ar hereby certify that I
PETITION R88-2 FOR
A'._PARCEL CONTAINING am the publisher of ENORTHWEST AR SAS TIMES, a dally newspaper
t.i • ACRES 'LOCATED-ON having a second class mailing privilege, and being not less than four pages of
THE .SOUTH SIDE OF
HIGHWAY 45 . EAST, Ap- five columns each, published at a fixed place of business and at a fixed Idallyl
'PROXIMATELY HALF Intervals Continuously in the City Of Fayetteville. County Of Washington. Arkansas
-WAY
IN,T -- DRIVE A,N BETWEEN. .V IE
POY for more than a period Of twelve months, Circulated and distributed from an
'.P O , , D D
-GREENVIEW DRIVE. ;-,�:r'. established place Of bu5In055 to SUbSC[IberS and readers generally Of all CidSSe3
}I.BE IT ORDAINED BY In the City and County for a definite price for each copy, or a fixed price per
:THE . BOARD OF DIREC-
TORS ,OF THE CITY,OF - annum, which prim was fixed at what Is considered the value of the publication,
FAN E T T Ev. ,V;I L L' E`, � - based upon the news value and service value Itcontains, that atleast fifty percent
ARKANSAS1::- That zone of the subscribers thereto have paid cash for their subscriptions to the newspaper
o That th
classification or the follow- or Its agents or through recognized news dealers over a period of at least six
'Ing. described property Is .
hereby changed as follows: months; and that the said newspaper publishes an average of mote [hpn forty
i'R88-2 described was set out percent news matter.
Ih, Exhibit _,A" attached
h;erero; and, made*'6;_part., ' I further certify that the legal notice hereto attached In the matter of
1.hereof: . j ._. -
., From ''R-1 '`Low°rDensity ,
'Residential . District to C-1 � y,
Neighborhood '-COMMCMial ! �I/ til tr_-
District. * •'- ^Ya,7v:it.:nc%t; _ - l_ ll 1
rSection 2.That the official
2oning map of the City 9f /
!Fayetteville, `Arkansas,- ds was published In the regutar dally issue of said newspaper for
hereby amended to reflect consecutive Insertions as follows:
,the zoning changes Provided
in Section 1 above.•0.•. .: /: N., ,}� O
1..'PASSED AND APPROV- The first Insertion oR the day Of O 19 0�
;ED this "It day.of March,
'" APPROVED l ' v. •
the SeCORd IRSe[IIOn OR the day 01 19
BY:
at nrllYJohnson
ayor
the third Insertion on the day of 19
'B y:.Suzanne MCWethy
It Clerk y,gy.!y .
"'" ' EXHIBIT.."A'• and the fourth Insertion on the .
'Lots•-1�'. Hartier's Fairview /
,Subdiviilon less antl except i
the following to-wit: Beginn-
ing at the SW corner of said a/ /
of 1 In the Id is of State Sworn to and subscribed before me on this — day of
.Highway 45, thence E 215' or
to a point 200' W of the SE �1 0
corner of said Lot 1, thence 19 d�
N 100', thence W 160'8" iothe
middle ., of . Highway - ,AS,
thence Southwesterly to The
poInt of beginning as.'per Nota Public ,
plat on file in the office of the
Circuit Clerk and Ex-Officlo ( i )
:.Recoraei _ of"washington My Commission Expires:
:County, Arkansas. r!c l q3 T r
Fees for Printing 1Z—
Cost of Proof --
Total _ . S;t �
