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HomeMy WebLinkAboutOrdinance 3477 • FILED FOR RECORD ` 90 RPR 27 PIS 3 16 WASHINGTONAR A. KOUMEYER, ORDINANCE. NO . 3477 MICROFUE,) AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION R90 - 9 FOR A PARCEL CONTAINING APPROXIMATELY 2 . 23 ACRES BOUND BY WEST MOUNTAIN , WEST AVENUE , ROCK STREETS AND SOUTH SCHOOL AVENUE AND FOR A CONDITIONAL USE FOR SAID PROPERTY . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVTId.E , ARKANSAS : Section 1 . Chat the zone classification of the following described property .is hereby changed as follows : R90 - 9 for the real property described in Exhibit " A" attached hereto and made a part hereof . From R - 0 , "Residential Office " District and C - 2 , "Thoroughfare Commerciai " District to R - 2 , " Medium Density Residential " . 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 . ¢ Section 3 . That the Board of Directors approve said property for a conditional use as requested in Petition R90 - 9 . PASSED AND APPROVED this 3rd day of April 1990 . APPROVED : 1.0 Mayor '• ` G , lie R-, Bim, rr�� n(�tth� k EIBEfi1c3664n E �92 Exhibit " A" LEGAL DESCRIPTION FOR R90 - 9 Block 34 of the original Town of Fayetteville , Arkansas less and except the following described tract : Beginning at the Southeast corner of said Block Thirty - four and running Thence S 89 ° 44 ' 26 " W along the south line of said Block Thirty - Four 140 . 00 feet , thence North parallel with the East line of Block Thirty - four 65 . 50 feet ; thence N 89 ° 44 ' 26 " E 140 . 00 feet to the East line of Block Thirty- four ; thence South with said East line 65 . 50 feet to the point of beginning ; containing 2 . 23 acres more or less . �� 193 CERTMCATE OF RECORD State of Arkansas 1, Alva Ke::-n-yer, Circott C'.ork and riitp of Fa tBVV�e Ex -of , ::cc d_• ;v t. .: ,ink on Conn% If Sss herry OmuB, City cL and 8x- nnccnsys, r ) Ft ..., !on,fy thot this in- Officio recorder for the City of 92, rW nt stns f„oo for 2cord in my office Fayetteville, do herehy certify that the c in; c ed bacon and the sums is now annexed or foregoing Is of record in my Office and the same duly rcordv wah #;'a i acknowledgement .,�!�,,�� appears tII and cer:::;ca'e tharoon in Record Book and page, W✓> �iL Resolution hOQg _ ” ' at Fare as ind;-:otcd thoreon. J/ __ . Witness my nna "and 6eathis �n T day Of 1: 1 y :a : d5 and a f fixed I have hereunto 1� O cat my hand and affixed the sonl of said Curt on t:•o c'ato indicated hereon. City Clerk and Tx-0 To Recorder F':,.: Co::n,cyer Ciret+it C'nrk an E%-aL.ula i;eCa tiJr by City Hospital R90-9 P . C . 3-26-90 BILL OF ASSURANCE AATCROFILMED This is a declaration of a Bill of Assurance made this 2d day of OGLIg� hig2 199 by the undersigned owners of the following real estate described in Exhibit " A " attached hereto and made a part hereof located in the City of Fayetteville , Washington County , Arkansas , WHEREAS , the aforesaid owners of the real property described in said Fxhihit. " A " have secur9d from the Fayetteville Board of Directors to amend the Fayetteville zoning map and rezone the described property from R-O , Residential -Office , and C - 2 , Thoroughfare Commercial , to R- 2 , Medium Density Residential ; and WHEREAS , the owners are desirous of making a declaration of the same in the form of this Bill of Assurance with the intention r of guaranteeing the preservation of certain values and amenities in the community and to bind the owners and the owners ' successors and H > assigns and the real estate described in Exhibit " A " and its E subsequent owners with the obligations and restrictions hereinafter w set forth for all present and future development and use of said property . NOW , THEREFORE , the owners declare that the above described co real property shall be held , developed , transferred , sold , cngveye�L rnr and occupied subject to the covenants and restrictions here n]set�2: r � T forth : 24: o ca M z rn 0 3 rn o 0 I . a N o CD 0 0 A tree preservation plan shall be submitted prior to any construction or development subject to the following : a ) the IIBE 13 9 ���� U33 , . qL preservation of 508 percent of all existing trees with a caliper of 8 inches ( 8 " ) or more in the interior of the site be preserved and that those trees be protected during the construction process . Also , that a minimum of 808 of the existing trees ( 8 " caliper or more ) in the required set back areas around the perimeter of the site be preserved . These percentages are to be used as guidelines , allowing the city staff flexibility to work with the Hospital as development takes place . WITNESS my hand and seal this 1-O day of � E Lsrn Ij G (� 196TO . (:?Ieh A. alood ACKNOWLEDGEMENT STATE OF ARKANSAS ) ) SS : COUNTY OF WASHINGTON ) BE IT REMEMBERED that on this day came before the undersigned , a Notary Public , duly qualified , commissioned and acting within and for the aforesaid County and State , to me well known , who acknowledged that they had executed the foregoing Bill of Assurance for the consideration and purposes therein mentioned and set forth . WITNESS my hand and seal as such Notary Public this Z o F* day of 1990 . Notary Public : o . 0 m My Commission Exp is;c Z Q tea., 20 � �9 � 4 4 �frWas�'� 1`1594 IIBfR ?6Gf' ;; _ EXHIBIT "A " • Legal Description : Block 34 of the Original Town Plat of Fayetteville , Arkansas less and except the following described tract : Beginning at the Southeast corner of said Block Thirty- four and running thence S 89 ° 44126 " W along the south line of said Block Thirty-Four 140 . 00 feet , thence North parallel with the East line of Block Thirty- four 65 . 50 feet ; thence N 89044126 " E 140 . 00 feet to the East line of Block Thirty- four ; thence South with said East line 65 . 50 feet to the point of beginning ; containing 2 . 23 acres more or less . IIFER 1?�9P�G= ��S I, Alma Kc!!meyer, Circuit Clark and Es-officio C_cc;der for Washington County, Arkansas, do hereby certify that this in- strument was filed for record in my office os inr:icctod hereon and the same is now duly rccorJed %,; :h 6e acknowledgement and certificate thereon in Record Book and Page as indrecled thereon. I:J 1(.'::"_':g W}CREOF, 1 have hereunto set my hand and affixed the seal of said Court on the doto indicated hereon. Alma KoPmoyer Circuit Clerk and Ex-officcloo Recorder by by S]�LYI STATE of ARKANSAS ea. County of Washington 11 rel �ti hereby certify that I am the publisher a THE NORTHWEST A KANSAS 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 (daily) Intervals continuously in the City of Fayetteville, County of Washington. Arkansas for more than a period of twelve months, circulated and distributed from an ORDINANCE NO. 3477 established place of business to subscribers and readers generally of all classes AN ORDINANCE REZON- in the City and County for a definite price for each copy, Or a fixed price per IKG: THAT PROPERTY annum, which price was fixed at what is considered the value of the publication, . DESCRIBED IN REZON" INGNETITION �,R90-9 FOR" based upon the news value and service value it contains, that at least fifty percent A PARCEL 'CON`Wh ING of the subscribers thereto have paid cash for their subscriptions to the newspaper AP,P fjOxIMATE LY \2.;23 or Its agents or through recognized news dealers over a period of at least six ACREs ;BOUND BY WEST M O u•N A Ir wiE S"T months; and that the said newspaper publishes an average of more than forty AVENUE, RoeKSyTREYE,TS percent news matter. AND AS°O U1T.H_ SC�H OOL AVENUE PEND'. FORA . CON D I TyONAW.U3E . . . I further certify that the legal notice hereto attached in the matter of SAID PROPERTY A. ' BE I•T ORD;AtNED '' BY THE BOARDI OF ' DIREC- TGRS" OF Ty ET CITY nor _ SG `17 F OA Y EI T T E 1V I L E' , ARKANSAS:.' Section x that the Atone was published In the regular daily issue of said newspaper for _Z classification 11h Thai the A one P g ing,,describedA property tis consecutive Insertions as follows: hereby changed as follows: R90.9 for the real)`propey)y �7�. f� describeoaln Exhibit "A at- The first insertion on the C L� day of 19 l _ tached 'heretoPand made a parthereof., ..xfy�,?.�. 11�" From , 'R-0; :"Residential the second Insertion on the day of 19 Office'' Disirftt and. .0-2. , "Thoroughre Lommer- Icfatal" Dlstiict}to AR-R,"Wedb I the third Insertion on the day of 19 um Density Res(tlenllal::; section 2, Thaf.the official and the fourth insertion on the __ d 1 zoning. map of. the, City of Fayetteville, � Arkansas, is hereby amended to 'reflect the zoning change provided in Sectlon 1 above. section 3. That the Board Sworn to and subscribed before me thist&xf day of of Directors approve Said Property for a conditional use as requested in' Petition 9 __ used PASSED AND APPROV- ED this 3rd day of April, - 1990. . A N r Public APPROVED: . Y , By : William V. Marlin ATTEST: Mayor My Commission Expires: - � By : Sherry L. Thomas City Clerk . .All Exhibit "All LEGAL DESCRIPTION III FOR R90-9 � Block 34 of the original Town of Fayetteville', Arkanas less and exceptthe � � � .7 p foll0wingdescribedtract: Fees for Printing — 5 I// 7X Beginning at the Southeast . corner of said Block Thirty. four and running Thence S Cost of Proof —. 5 890 "' 26" W along the south. line of said Block Thirty- Total $ Four 1.0.00 eet, thence North parallel with the East line of Block Thirty-four 65.50 feet; thence N 69^ M' 26" E 140.00 feet to the East line of Block Thirty four; thence South With said East I lne 65.50 feet to the point of beginning; containing 2.23 acres more or less, MAY 0 915%i FINANCE DEPT, • STATE of ARKANSAS 1 JF ae. County of Washington 1 /01U4 n " j4w a - hereby certify that I am the publisher of TOE NORTHWEST AR NSAS TIMES, a daily 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 (daily) ORDINANCE NO. 3177' Intervals continuously in the City of Fayetteville, County of Washington, Arkansas AN ORDINANCE REZON- for more than a period of twelve months, circulated and distributed from an INGTHAT PROPERTY established place of business to subscribers and readers generally of all classes DESCRIBED IM 90-9 ON in the Cit and Count for a definite rice for each co p ING PETITION ' REZ.OR Y Y P py, or a fixed rice per A PARCEL 'CONTAINING annum, which price was fixed at what Is considered the value of the publication, APP- ROXIMATELWW2 3 based upon the news value and service value it contains, that at least fifty percent ACRES"BOUND BYI-WEST' M O U N T AWN , 'iW'E SRT of the subscribers thereto have paid cash for their subscriptions to the newspaper AVENUEYRQCKSTREETS Or Its agents Or through recognized news dealers over a AND 's O0T*H SCHO"O'L g g g period of at least six AVENUE_�XNO-_FORJA months; and that the said newspaper publishes an average of more than forty CONDITIONAL USE FOR percent news matter. SAID.PROPERTYc* rBE , MT ORDAINED BY THE& BOARD OFIDIREC- I further certify that the legal notice hereto attached in the matter of TORSaOF . THE � CITY OF FAME: T'T E V I L L E , 2 `/ �y ARKANSAS: d ']-'Section 1. That the zone lV� ,/X ,t-��QA-2-f , / ( d / 7 classification of the follow- Inp'"tlescribed property Is hereby changed es fouovn: was published In the regular daily issue of said newspaper for scribed I the Mbit A" at. consecutive insertions as follows: rty described for In Exhibit rop at- tached hereto *,rd .made a partFrom if. /�,1� The first Insertion on the L/�2 da of 19 L— From R-o, sENesiaentiae Y Q Office" Dlstr�TTc"t�=.' to Cd, "Thoroughfarelseommer- the second Insertion on the day of 19 tial" District. 4 section 2. Thatdihe official zoning map of tithe City of the third insertion on the __ day of 19 Fayetteville, ArKansas, is hereby amend4reto reflect the zoning change provided and the fourth insertion on the __ day 19 In Section 1 above.' R ' -section 3. Thiltthe Board Of Directors aDProve saitl property for a ''conditional use as requested In Petition: R90.9. I worn to and subscribed before me o this QtL day of PASSED AND-,APPROV- ED this 3rd day of . April, 1990. - 9 APPROVED: By: William V. Martin Mayor' ATTEST : ary Public By: Sherry L. Thomas City Clerk Exhibit "A" My Commission Expires: LEGAL DESCRIPTION FOR / J / / Bothe Block 3A of the original t^,,f Town of ss and except'Arkansas less a e ribbed' the following tlestr� tract: ' Beginning at the Southeast corner of said Black Thirty- Fees (OI' Pi olio Thirty- four and running Thence S g — 11" "'-26" W along the south «line of': said Block Thirty- (- Four 140.00 feet, thence Cosi Ot Proof _. $ North .parallel with the East line of Block Thirty-four , 'COtal 5 1465.50 feet; thence N 89° W' 17 26" E 140.00 feet to the East line of Block Thlrty-four; thence South with said East line 65.50 feet to the point of beginning; containing 2.23 acres more or less. If an MAY 09i9T FINANCE DEPT.