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.