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HomeMy WebLinkAboutOrdinance 3440 FILED FOR RECORD ' 95 AUG 25 PSI 2 33 Lost Document Replacement ,,", ASHINCTON CO AR September 4, 1994 K . FARNESS ORDINANCE NO. 3440 AICROFILMED AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION R88- 19 FOR A PARCEL CONTAINING APPROXIMATELY . 81 ACRES FROM R- I "LOW DENSITY RESIDENTIAL" TO C-2 "THOROUGHFARE COMMERCIAL" . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That the zone classification of the following described property is hereby changed as follows: R88- 19 as described in Exhibit "A " attached hereto and made a part hereof. From R- 1 "Low Density Residential " to C-2 "Thoroughfare Commercial" . Section 2. That the decision of the Board of Directors was made in reliance upon the applicants voluntary offer of the deed to the City of Fayetteville of a portion of Lot 1 of the Maple Crest Subdivision. A copy of which is attached hereto as Exhibit "B" . Section 3 . 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 1st day of August APPROVED: By . 404�� Mayor ATTEST: - By: City Clerk 4 9544499 c,Ty ,CL�QE EXHIBIT "A" LEGAL DESCRIPTION FOR R88-19 Lot Number Three (3), Lot Number 2, and the South Sixty feet of Lot Number One ( 1) of Maplecrest Addition 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. 95044100 I, Kathleen Hamese, Circuit Clerk G.".d Ex•otnc5o Reocrov for Washlnaw..9 Coumy, ArkarOM8, do hoMty oortry t:a '. this IrWumartt me ftd for record ei m;, eft cn as hxtwnd ttcn on and the eame Is now duty raMmod with the ecknow- ledgerno(A and o2filliMte thereon In Record Bock and Peas as Indroeled thereon. IN WITNESS WHNEOF, I have here- unto out my hand and cUIxed the seal of said Court on the data Indicated hereon Kathleen Harness Circuit Clack and Ex-etildo Recorder . J FILED FOR RECORD 095 BUG 25 Pfd 2 34 WARRANTY DEED WASHINGTON CO AR KNOW ALL MEN BY THESE PRESENTS : K . HARNESS THAT J . Herbert Hatfield , for and in the consideration of the sum of One Dollar ( $ 1 . 00 ) , and other goods and valuable considerations , the receipt of which is hereby acknowledged , hereby grant , bargain , sell and convey unto the City of Fayetteville , Arkansas , a municipal corporation , and unto its successors and assigns forever , the following lands lying and being situated in the County of Washington , State of Arkansas , to-wit : BEGINNING at a point S 01040 ' 45 " W 15 ' from the Northeast corner of Lot 1 of Maple Crest Addition to the City of Fayetteville , Arkansas , thence N 88 ` 28 ' W 18 . 751 ; thence S 35014136 " E 31 . 121 ; thence N 01 ' 40 ' 45 " W 25 . 00 ' to the Point of Beginning . TO HAVE AND TO HOLD the same unto the said City of Fayetteville , Arkansas , a municipal corporation , and unto its successors and assigns forever . AND I hereby covenant with the said City of Fayetteville that we will forever warrant and defend the title to said lands and property against the lawful claims of any and all persons whomsoever . WITNESS our hands on this 123rd day of August , 1995 , J . Herbert Hatfield b Jame tfield Attorney- in-fact i Maxine L . Ratfi6ldYby Jams T . Hat iel , as Attorney-in-fact ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss : COUNTY OF WASHINGTON ) BE IT REMEMBERED , that on this date , before the undersigned , a Notary Public within and for the County aforesaid , duly commissioned and acting , James T . Hatfield , Attorney- in-fact for James T . Hatfield and Maxine L . Hatfield , to me well known as the Grantor ( s ) in the foregoing Deed and stated that he had executed the same for the consideration and purposes therein mentioned and set forth . WITNESS,m 'h&FKI and seal as such Notary Public on this 23rd day of August , ;1 ALOH�c`�, n Notary PubVic My Commissiori, U v 95044101 ` r- I, .•. !em ti nce :, Ci.os9 C:er.: and ftr ot?:cfo Rowrow for Wauhington County, P.rkamcs, do t jttry car 7y uut this Irzrvmcrt rale Mvd for record in my Of(tce 8a 'Wvafld hereon and the same fe now tkrly mwrd-,d w..Ph the acknow. 18*12msRa WW oara7wte theroon In AQwtd D(x* and Pada as Indbeted thereon. IN WITNESS WHEREOF, I have here- Unta 501 my hand and a�sx&rt ft seal of nald Court on ft deft IndtOoded hereon Kathlean Hamaas CIMUR Clam and EX-Officio Recorder STATE OF ARKANSAS ss. County of Washing//t//oppt� //� I, l," l I hereby cer- tify_ 6fy that I am the i of THE NORTHWEST ARKANSAS TIMES, a daily ORDINANCE NO. 3440 newspaper having a second class mailing privilege, and being not less than four pages of AN ORDINANCE REZONING five columns each, published at a fixed place of business and at a fixed (daily) intervals THAT PROPERTY DESCRIBED continuously in the City of Fayetteville, County of Washington, Arkansas for more than IN REZONING PETITION R88- aperiod of twelve months, circulated and distributed froman established place of business 19 FOR A PARCEL CONTAIN- ING APPROXIMATELY .at to subscribers and readers generally of all classes in the City and County for a definite price ACRES FROM R- 1 'LOW for each copy, or a fixed price per annum, which price was fixed at what is considered the DENSITY RESIDENTIAL' TO C. 2 THOROUGHFARE COM- value of the publication, based upon the news value and service value it contains, that at MERCIAL'. least fifty percent of the subscribers thereto have paid cash for their subscriptions to the BE IT ORDAINED BY THE newspaper or its agents or through recognized news dealers over a period of at least six CITY COUNCIL OF THE months; and that We said newspaper publishes an average of more than forty percent news CITY OF FAYETTEVILLE, matter. ARKANSAS: Section t , That the zone I further certify that the legal notice hereto attached in the matter of classification of the followingdescr /1 changed property is hereby . �/,m Am n„ f — 3 (� V 1 changed as follows: l 1//I/l 'L .L:Y% / T tJ it 'A' as described et and was published in the regular daily issue of said newspaper for / it 'A' attached hereto and made a part hereof, consecutive insertions as follows: From R-1 'Low Density Resi- dential' 2/ ST to C-2 'thoroughfare Commercial'. The first insertion on the 3 dayof 19 Commercial', Section 2. That the decisionthe second insertion on the day of 19 of the Board of Directors was made in reliance upon the ap- plicants voluntary offer of the the third insertion on the day of 19 deed to the City of Fayette- ville of a portion of Lot 1 of the Maple Crest Subdivision. and the fourth insertion on the day of 19 A copy of which is attached hereto as Exhibit W. Section That the official R E C E ' V E u zoning map of the City of Fayetteville. Arkansas, is hereby amended to reflect the Publish rat Manager zoning change provided in 'Section 1 above. I 1 J PASSED 4Nd AP. FINANCE DEPT. PROVED this 151 day of Au- gust, 1989. APPROVED: By: Fred Hanna Mayor ATTEST: By: Traci Paul City Clerk EXHIBIT OA* Sword to and subscribed before me on this day of LEGAL DESCRIPTION FOR R88-19 19 9S Lot Number Three (3) lot SP Number Two (2), and the South V ' Sixty feet of Lot Number One . (1 ) of Maplecrest Addition for the City of Fayetteville. Arkansas as per plat Of said subdivision on file in the of- Notary Public lice of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkan- My Commission Expires: 7 ? /75 V. Fees for Printing _$ Cost of Proof $ — Total $ 29 - _ • _ �ha� �d h"a�l � l n 5 47_ N ':✓IYCItOFILMEU � - i ��P ,1 © rd. AJe�/e✓ enl ORDINANCE NO . AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION R88 . 19 FOR A PARCEL CONTAINING APPROXIMATELY . 81 ACRES FROM R-1 " LOW DENSITY RESIDENTIAL TO C-2 "THOROUGHFARE COMMERCIAL . 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 : R88-19 as described in Exhibit "A" attached hereto and made a part hereof . From R-1 " Low Density Residential " to C- 2 " Thoroughfare Commercial " . Section Z That the decision of the Board of Directors was made in reliance upon the applicants voluntary offer of the bill of assurance attached hereto as Exhibit " B" . Section 3 . That the official zoning map of the City of Fayetteville , Arkansas , is hereby amended to reflect the zoning change in Section 1 above . PASSED AND APPROVED this day of , 1991 . APPROVED : , N \ By : Mayor ATTEST : By : kzy City Clerk FAYETTEVI LLE Ml CITE OF FAYETTEVILM AERAMSAS DEPARTMENTAL CORRESPONDENCE TO : Elaine Cattaneo , Planning Secretary FROM : Jerry E . Rose , • City Attorney DATE : January 31 , 1991 �y Hatfield Property The easement deed and bill of assurance which were prepared in the above referenced matter appear to be fine . I generally advocate that the bill of assurance should be drafted by the one offering it . Theoretically these bills of assurance are given voluntarily by the offering party and when the offering party drafts the document it is some evidence of it being voluntary . Keeping that in mind , use your own judgment . I ' m not, going to advise against the transaction just because we drafted the bill of assurance . I ' ve prepared a rezoning ordinance for you to look at . If it meets your approval , I would suggest forwarding it to the City Manager for his approval and assistance in getting it signed by the Mayor . You ' ll probably need a short note of explanation and a copy of the board minutes approving the rezoning . If I can do anything else , just let me know . JER/cbp Af • q • ;WARNER AND SMITH x ATTORNEYS AT LAW HARRY P. WARNCR 11611.19691 CCCIL R. WARNER (1690.1966) P. O. 60% 1626 C. RANDOLPH WARN CA. JR. 214 NORTH SIXTH STRCCT DOUGLAS O. SMITH, JR. THOMAS D. GRAVES 11929.1971r FORT SMITH , ARKANSAS 72902- 1626 WAYNC HARRIS OCRALD L. CALLING AREA COOS aOl PATRICK N. MOORE TELEPHONE NO. 792-8011 LILLARD CODY HAYES TCL&-FAx No. 782-0"l JAMCS M. DUMN y *. ALAN WOOTEN - 1: ' JOHN ALAN LEWIS PAUL K. HOLMES, D; January 25 , 1989 vlti�ff JOCL D. JOHNSON ' Gq DART W. UDOUJ •' 14 r- 'MrE Jim T . Hatfield P . O . Drawer REN Fayetteville , Arkansas 72702 h Re : C & W Investments , Inc , IT Dear Mr . Hatfield : Please be advised that we represent C & W Investments , Inc . and have been contacted by them recently in regard to your p request for access from the Consumers parking lot property owned by our client , C & W Investments , Inc . agrees that you may have access to and from the Consumers parking lot property owned by C & W Investments , Inc . for the purpose of constructing a driveway which will be approximately 25 feet wide and which will ?_ adjoin the Consumers parking lot along the southern boundary z of the parking lot . We understand that the West edge of the driveway in question will be approximately 24 feet from the Northwest corner of Maple Crest Addition , Lot No . 1 . The consent of our client is conditioned upon your deeding to the City of Fayetteville a triangular section of the Northeast corner of Lot. l of Maple Crest Addition consisting of a minimum of 30 - fet of frontage to the Consumers parking lot and 40 feet of frontage on Lee Avenue in order to improve the access from Lee Avenue to the Consumers parking lot . The consent is further subject to your agreement that any commercial structure will be constructed on Lots 2 and 3 only reserving Lot 1 exclusively for parking and display . If you have any further questions regarding this matter please feel free to give us a call . Thank you . Very truly yours , WARNERSM H By LCH/ sd . Y ' a es cj':. cc : Firs . Jane Williams 0 9a S 88028 ' E 120!. 00 '' I vz„� ioa . s6� 1� I 0 � N 99.85 N 20 ' y r.,. 0 2 C) N OD O _ Cc7 00 4 in 9L,.33 YI `7 } oY X 94,84 x 0 0 3 0 co 25 or N 88628 ' W 150 . 00 ' - LEGAL DESCRIPTION : Part of Lot 1 and all of Lots 2 and 3 of the Maple Crest Subdivision as per plat of said subdivision ”. on file in the office of the Circuit Clerk and Ex - Officio Recorder of Washington County , Arkansas being more particularly t; described as follows : Beginning at the S . W . Corner of said Lot 3 thence N 01040 ' 45 "E 22u . 03 Feet , thence N 880281W 120 . 0u Feet , thence S 35 ° 13 ' 18 " E 49 . 97 Feet , thence S 010 •: u ' , 3 "W i. 8u . 01,) Feet , thence N 88 ° 28 ' W 150 . 00 Feet to the P . O . B . s, t THIS IS TO CERTIFY THAT THE ABOVE: SURVEY WAS PEP,fQRMFC UNOEI2 ?AY 111r "V!(; ISN AND ALL COR NERS WERE SE! AS S1;0AN .-ol i;!;; .";5= AE PLAT AND TC THE BFSi OF MY KNUWLFI! iE ARE CORRECT. - - - -