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HomeMy WebLinkAboutOrdinance 3466 FILED FOP, RECORD FILED FOR CORD ' 89 DEC 11 Pfd 3 31 89 NUU 2 27 WASHINGTON CO AR WASHINGIUN 00 AR A . KOLLMEYER A . KOLLMEYER ORDINANCE NO . 3466 MICROFTLMED AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION R89 - 30 FOR A PARCEL CONTAINING APPROXIMATELY 1 . 0 ACRE LOCATED AT 2890 CROSSOVER ROAD . 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 : R89 - 30 for the real property described in Exhibit " A" Y attached hereto and made a part hereof . From A- 1 , Agricultural District to R- 0 , Residential - Office District . u Section 2 . 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 21st day of November 1989 . APPROVED By : U• Mayor ATTEST City C1 k this document re-recorded to correct Ordinance number . cc�� IIbER 1:3'ZJP4GEr¢v0 lib iPRGE t Exhibit "A" LEGAL DESCRIPTION FOR R89 - 30 i A part of the SW* of the NW ,' of Section 31 , T - 17 - N , R- 29 -W described as beginning at a found iron pin which is East 848 . 13 feet and South 2300 . 53 feet from the NW corner of said Section 31 ; thence S1 ° 24 ; 00 " E 110 . 44 feet to a set iron pin ; thence S88045 ' 41 "W402 . 55 feet to a set iron pin on the Easterly Right - of - Way of Arkansas State Highway No . 265 ; thence along said Right - of Way N6 ° 58 ' 22 "E111 . 58 feet to a found iron pin ; thence N88 ° 45 ' 41 " E 386 . 30 feet to the point of beginning , containing 1 acre , more or less , Fayetteville , Washington County , Arkansas . 1.YAP,a 4J J? Att ?t-:.. •r, ♦ nt;;� LIBER1345Pr,r,E491 EXHIBIT A LIBERI -SPG ao c E +r d V r V 3 o m 0 z N M m` o s Em a m `o *oma U L L � N T O -� w '✓ 1 V m T O L 2 j C U O V 9 O 4 C1 b V m b E b' It u n o0 b ^ n41 a „ 1 b Illrnm Kmlleeyer, draft Clerk end 6cofficio Recorder for Washington County, /rkomas, do hereby certify that this irr rlruftm" was filed for record in my office m indicated hereon and the some is now duly retarded with the acknowledgement atd certificate thereon in Record Rook *rid Page as Indicated thereon. IN WITNESS WHEREOF, 1 have hereunto eN my hand and nifhixed the Beal of said Court en the dote indicated haea► Mmm KoRmeyer Circuit Ct" and Ex.aff ci* Reeond! dl CFR't'}� ICATE OF RECORD Sate of A.ri;ansas SS (,a,, of Fayetteville t, uil^rry ThoTnas, City Clerk and Um fig4; o recorder for the City of 1 .cct( ii=e, do hereby certify that the foregoing is Of TeCOTd in my the salne arpea� :n ( i ,^i[t;�C i. lit 1, Ca"G1iftlOn t?colt4'ail5 fitness my 2890 Crossover* Road (�" "'� CULL OF ASSURAPJCE MICROFILMED This declaration of a Bill of Assurance made this 22nd day of January 1990 , by the undersigned owners of the following described o n _ 'n real estate located in the City of Fayetteville , Washington County , Arka sn a ; = v CD = and more particularly described as follows , to-wit : C- N c � SEE LEGAL DESCRIPTION ON NEXT PAGE 0 n � Q7 WHEREAS , the aforesaid owner of the real property described above has secured the approval of the Fayetteville City Board of Directors to amend the Fayetteville zoning map and rezone the above described property from and WHEREAS , the owners have promised and agreed to subject the development of said real estate pursuant to certain covenants and restrictions pertain - ing to same ; and WHEREAS , the owners are desirous of making a declaration of the same in the form of this Bill of Assurance with the intention of guaranteeing the x preservation of certain values and amenities in the conununity and to bind U themselves , their successors and assigns and the aforedescribed real estate V and its subsequent owners with the obligations and restrictions hereinafter set forth for all present and future development and use of said property . N HOW , THEREFORE , the owners declare that the above described real pro- Cd e. perty shall be held , developed , transferred , sold , conveyed and occupied ., subject to the covenants and restrictions herein set forth : I , The use of said property shall be limited to ( 1 ) The teaching of .dance ,. gymnastics and related fine arts, =( 2 ) The access is"required to stay the same as it is now , and. ( 3) A 40 foot buffer zone on the east property line on the lot proposed for rezoning and a 20 foot buffer zone on the existing lot is required . 4 \i WITNESS my hand and seal this b — day of 14,k - 01990 IIBER IMSPAA 2 Y 2890 Crossover Road 2 STATE OF ARKANSAS ) ) SS : ACKNOWLEDGEMENT 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 , �Al � ES •z . Mr= ( Q &zLiCP to me well known , who acknowledged that they hao executed the foregoing Bill of Assurance for the consideration and purposeq therein mentioned and set forth . {BIW TNESSmy hand and seal as such Notary Public this � 7~ day of a 00 .11% GQLtC Notary Pub c ...r,; fie, My commission Expires : 01 Z J LEGAL DESCRIPTION : A part of the SW; of the Nib', ", of Section 31 , T- 17-N , R- 29-W described as beginning at a found iron pin which is East 848 . 13 feet and South 2300 . 53 feet from the NW corner of said Section 31 ; thence S01024 ' 00"E 110 . 44 feet to a set iron pin ; thence S88045 ' 41"WO2 . SS feet to a set iron pin on the Easterly Right -of-way of Arkansas State Highway No . 265 ; thence along said Right -of-Way N605812211E 111 . 58 feet to a found iron pin ; thence N8804514111E 386 . 30 feet to the point of beginning , contain- ing 1 acre , more or less , Fayetteville , Washington County , Arkansas . LIBER 1356PAGE0 / 3 , E . . o � - Y � � . , .� � i 0 .� _ � � � , G ,k, s�, j G O y ti �pw `i 'y '� c .T J N � � 4. :7J AZ � v J / J i �� •o e e � 'Dy c y 7 q 4 �J j� Q J Ji V L 7 U 4Y ;1`1 •. . . .. .. V i 'U ,• • W Q � � `5� i�T %; 41 � - . , �. � �; ', '•. � I J .� J ::.: � �• � STATE of ARKANSAS 1 County of Washington 'J I, -- / t{/ aii. 't ov-`--TLrLe-,1 hereby certify that I ORDINANCE.NO. 34" am the publisher of • HE NORTHWEST AROCANSAS TIMES, a dally newspaper AN ORDINANCE REZON- ING having a second class mailing TIHAT''P,ROPERTY g g privilege, and being not less than four pages of I?ESCRi1,BED .'IN�s(REZON- five columns each, published at a fixed place of business and at a fixed (dally) ING PET!_TIO aA 30 FOR Intervals continuously in the City of Fayetteville, County of Washington, Arkansas A` PARCEL'- CONTAININGI APPROXIMATELY 1 .01 for more than a period of twelve months, circulated and distributed from an ACRE LOCATED AT 2890 established place of business to subscribers and readers generally of all classes CROSSOVER ROAD. BE, IT ORDAINED �BY in the City and County for a definite price for each copy, or a fixed price per TNE' PBOARD OF DIREC- annum, which price was fixed at what Is considered the value of the publication, TIvalue contains,TORS OTNE TY !OF based upon the news value and service valIt taithat at least fifty FAYE7EV LLE , ypercent ARKANSAS : '-'. �I of the subscribers thereto have paid cash for their subscriptions to the newspaper section f. Tnah the zone or its agents or through recognized news dealers over a period of at least six alassincanon'of' the fonds- months; and that the Said newspaper publishes an average of more than forty Ing tlescrlary toe foji ,9s hereby cnangedasfollows- percent news matter. Rfh? r for the real proper. ty describetl in Exhibit "A" attached hereto,and made a I further certify that the legal notice hereto attached in the matter of part hereof. ,agyppa: From A-7,, A"�iculturai District to R-0;` Resider- tial-Off esitlen- District fice District. I Section 2. That the official zoning map ,of the City of / Fayetteville, Arkansas, is was published in the regular daily Issue of said newspaper for hereby amended4to, reflect consecutive Insertions as follows: the zoning Change Provided In Section 1 above. 1. `n' �n' /n Q p PASSED AND A a of The first insertion on the I � da of F� 19 d _ ED anis 215t day of i y November, 1989. APPROVED the second insertion on the da of 19 By: William V. Martin y ATTEST Mayor By: Sherry L. Thomas - the third Insertion on the __ day of 19 City Clerk Exhibit "A and the fourth insertion on the __ day 19 LEGAL DESCRI PTIOW FOR R89-30 A part of the SWI/. of the NWIG of sctionribe as eginn, Ing at described iro epin which Sworn to and subscribed before me on is day of Ing at a found iron• In South East feet and South 2 p q corfeet feet from the N1- corner of said Section 31; thence S)024;00"E 110:W feet toa Segiron in; thence I SBBal941"WI02.55 feet to'a -- set Iron in on the Easterly ' t ry Public Right-of-Way of Arkansas State Highway No. 265; thence aIv Sala Rtghtdf- , My Commission Expires: Way N6°58'22"E 111.58 feet to a found Iron pin; thence /l N88°d541"E 386.30. feetjto _( the point of beginning, con- fairing 1 acre, more or less, Fayetteville, Washington County, Arkansas. _ Fees for Printing _ S Cost of Proof . S Total _ S d -�— ' E X1 ;% 1 AIV 031990 FINANCE DVT,