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Home My WebLink AboutOrdinance 3475 FILED FGR-RBB V ' 90 RPR 27 PR 8 16 WASHINGTONOW-4WR A. KOL` LKYER O'RDINANCF NO . _ 3475 MICIZOf +jp AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION R90 - 1 FOR A PARCEL CONTAINING APPROXIMATELY 10 ACRES LOCATED WEST OF THE 71 BYPASS AND NORTH OF OLP FARMINGTON ROAD . ISF. IT ORDAINED BY TlWn BOARD OF DIRECTORS OF TRF CITY OF F'AYF..TTEVILLF. , ARKANSAS : Section I . That the zone classification of the following described property is hereby changed as follows : R90 - 1 for the real property described in Exhibit " A" attached hereto and made a part hereof . Lp From R- 2 , " Medium Density Residential " District to C - 2 , '9 " Thoroughfare Commercial " District . v Section 2 . That the official zoning map of the City of ;:5 Fayetteville , Arkansas , is hereby amended to reflect the zoning change provided in Section 1 above . PASSED AND APPROVED this 20th day of March 1990 . APPROVED : By : Mayor le LIRR DO'sFnC,E7®3 Exhibit " A" LEGAL DESCRIPTION FOR 90 - 1 A part of the Northwest Quarter ( NW4 ) of the Southeast Quarter ( SEI' ) of Section Eighteen ( 18 ) , Township Sixteen ( 16 ) North , Range Thirtv ( 30 ) West , Washington County , Arkansas , being more particularly described as being ail that part of the North 10 acres of said 40 acre tract , lying West of the West right - of -way of U . S . Highway 471 Bypass , crossing said 40 acre tract . Also less and except a 50 foot street right - of -way paralleling and adjoining said highway right - of -way . LIBER1364FVE204 CERTIFICATE OF RECORD C!3Aand State of Arkansas ( Cb 1. AtcrA !��u��'rVcr• �.,i.;.., �rpn Cou"Wo C1ty of Fayetteville `) oA r£ : Y S �_pt{icio �. ,. ... . ., ,pr,:fY ghat this in- berry Thomas, City Clerk and Ea PA'am!'l, " "' offim fficio recorder for the City of a� a.'it c:os ,ro �rtulsame is now Fayetteville, do herebyy certify that the a in ' ' ° pdgemen! annexed or foregoing is of record in my du:v r<Ab y`' " " office and the same appears In and cer;-.;cni 'n "eC°` °°k and d d Ordinance & Resolution book )( xV atpp eas indi•:ct ih"'ion. page / 9 Witness my an and , v. _: wr:= f. 1 have hereunto �� i hand and al`•l wd the coal ui soid 19�fv dav or c-urt On. ;::a c oto indlmtod hereon. ews� ty C erk a Ez-Officio Recordar A' " 0" -' ney-rd Q,rcult C, Ex-ofElp{ i:Mordor by BILL of ASSURANCE MICROFILMED This declarationof a Bill of Assurance made this .3901 day of ( Z 19 %//h�0, by the undersigned owners of the following described real estate located in the City of Fayetteville , Washington County , Arkansas , and more particularly described as follows , to -wit : co f T_ SEE ATTACHMENT D cn �fl r m O 2 N -n r c� o r � � WHEREAS , the aforesaid owner of the real property described above has m z � -< 3 m secured the approval of the Fayetteville City Board of Directors to amend trrL o w vo a Fayetteville zoning map and rezone the above described property from u R- 2 , Medium Density Residential , to C- 2 , Thoroughfare Commercial , and WHEREAS , the owners have promised and agreed to subject the development of said real estate pursuant to certain covenants and restrictions pertaining 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 preservation of certain values and amenities in the community and to bind themselves , their successors and assigns and the aforedescribed real 'estate and U r its subsequent owners with the obligations and restrictions hereinafter set forth E H for all present and future development and use of said property . NOW , THEREFORE , the owners declare that the above described real property w H shall be held , developed , transferred , sold , conveyed and occupied subject to W . r w -the covenants and restrictions herein set forth : I . The zoning of said property shall revert back to R- 2 zoning if construction at this location of the Bio- tec!tiacility does not begin within six months . II . n � Development shall. be restricted to the back of the property . A 150 foot strip i_dM7/ of greenspace shall be provided along the east side of property , bordering Shiloh Drive . No development , except a driveway , shall occur in the greenspace . WITNESS my hand and seal this day of 19rQ. IIBER1364FAGE232 r , 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 , Dille 'Se >lecleLz' to me well known , who acknowledged that they hao executed the foregoing Bill of Assurance for the consideration and purposes therein mentioned and set forth , WITNESS hand and seal as such Notary Public this _ _day of `111,'11{111 1 ( � 0 11 � C]• �i otary Pu< is `� SS 1�11C1;Rp1 res : i i i i i LIBER 1364PAGE233 i i i REALTY WORLDa— McNaughton, Inc. 3107 North College Avenue, Fayetteville, AR 72703 Telephone: (501 ) 442-9099 REALTY WORLD' LEGAL DESCRIPTION: A part of the Northwest Quarter (NWl /4 ) of the Southeast Quarter ( SE1 /4) of Section Eighteen . ( 18 ) , Township Sixteen ( 16 ) North , Range Thirty ( 30) West , Washington County , Arkansas , being more particularly described as being all that part of the North 10 acres of said 40 acre tract , lying West of the West right-of-way of U . S . Highway #71 Bypass , crossing said 40 acre tract . Also '. •p Less and Except a 50 foot Street right-of-way paralleling and adjoining said Highway right-of-way . t•r ,o IIBER 13�� :<<234 Each orrice roecencentiy wined and OPMa _ REALTY WORLD• ®- MLS : 771E RESMTS PEOPLE' . to Ak"O • d,c Tr c ak cOndmr, [xAlFlde C'QC'� ,,; phis im s t'o r •. ts +a• r.cb '.a .ny IN p51nLIG duty rcC _ N11h yF9 UC Record r'•' and cad:(Fatu thereon in Record Flom '•nd Vacs as indkoted ino+eonl have hereunto r said - got n,y hand and affixed the seal RCourt on the dote indicated hereon. • . Altna K0"' e"" Cir Cl rk and [recorder by t STATE of ARKANSAS 1 County of Washington / 01 hereby certify that I am the publisher of HE NORTHWEST ARV4NSAS TIMES, a dally newspaper having a second class mailing privilege. and being not less than four pages of five columns each, published at a fixed place of business and at a fixed (dally) intervals continuously In the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes In the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value It con tains, that at least fifty percent of the subscribers thereto have paid cash for their subscriptions to the newspaper or Its agents or through recognized news dealers over a period of at least six months; and that the said newspaper publishes an average of more than forty percent news matter. ORDINANCE No. 5175 1 further certify that the legal notice hereto attached In the matter of AN •ORDINANCE REZON- ING THAN PROPERTY IBE DESCRD ,IN. REZON- ING DEIBE ON�R9FOR A . PARCEL C,ONTUNING . A ( RE9j..x 1CA'TEDLSV 10 ' ---F • Af RESt LOCP.'fED'(1rW EST was published in the regulardaily issue of said neu•spaperfor , OF THE 71 BYPASS AND COBSeCUfIVe InSerllOnS a5 follows: ' NORTH OF OL•D FARM- � INGTON ROArD , , ,/J �1 ' D BE IT k1b OF ED' BV TAB first insertion on the �LLi� day o[ 1996 THE ,BOARD OF DIREC- (/ TORS�OF" THE CITY OF F KANS T 7 E V I L L E , the second insertion on the da of 19 ,ARKA'.E T Y Secilon 1 . That. the zone .classification of the follow- Zing. described property is the third insertion on the day of 19 hereby changed as'follows: R90a for the realf7pro erty; and the fourth insertion on the -- d 19 described in Exhibn~A•' at- tached hereto and made 8 part hereof. 17gt - From R-Y, +:Medium Den. sity Residential-, DisiCict to / +C-g, "Thoroughfp�es?conn Sworn to and subscribed before me on is lb day ,me rclal" District. Section 2. That the official zoning map of the City Fayetteville, Arkansas, is i5 ' hereby amended to reflect the zoning change provided In Section I above. N ry Public PASSED AND APPROV- , EDrthis wom day of March, MV Commission Expires: 1990. APPROVED: By: William V. Martin ayor,� eyor AT: Sherr C; ' mas---1 By: Sherry-1' omea^- I Cfty Clerk"' ' ' ' Exhibif"A" LEGAL DESCRIPTION /^ FOR 90-1 Fees for PrintingS �✓ I O '.A part Of the Northwest Quarter ( NWVG ) of the Southeast Quarter (SEI•) of Cost of Proof _. 5 . section Eighteen ( 19 ) , Township sixteen ( la) /n North, Range. Thirty (30) Total West, Washington County, Arkansas, being more par. titularlydescribed as being all that part of the North 10 tract, R ' ` L L; y acres of said w acre WWesting West of the West right - of - way of U . S . { Highway 871 Bypass, cross- APR 1 said40 etre tract. Also 1,07 less and except a loot street right- parallel. Ing and adoloinif-we acid FINANCE DEPT. hiphwav richt-o/-wiy.