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Home My WebLink AboutOrdinance 3488 RECUR ® 90 JUL 12 AIS 9 j4 WASh, JN j 4 vN 00 AR A. KOLLMEYER ORDINANCE NOZ488 MICROFILMED AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION R90 - 10 FOR A PARCEL LOCATED ON THE NORTHWEST CORNER OF SHADY / AVENUE AND PEAR STREETS . O/ 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 : R90 - 10 for the real property described in Exhibit "A" attached hereto and made a part hereof . From R- 1 . Low Density Residential District to C - 2 , Thoroughfare Commercial District . 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 3rd day of fly, 1990 . APPROVED : l By : ayor ATTEST : 1 ' .. Ci44C1 k tIBtR1315PAGE2 J ' A Exhibit "A" LEGAL DESCRIPTION FOR R90 - 10 Lots numbered 1 , 2 , 3 , 9 , and the North 50 feet of Lot 8 in Block 1 of the revised Plat of Block 5 , Parker ' s Plat of Valley View Addition to the City of Fayetteville , Arkansas , as per Plat of said Addition on file in the Office of the Circuit Clerk and Ex- officio Recorder of Washington County , Arkansas . uotF .375PAGiM I, Alma Kollmayer, Circuit Clerk and. &-officio Cxordar for V!nshington County, Cj R'IMCArp*a OF. nJ^O" Artsanses, do hereby clroh that this in- � of Arkansas r�� a G iWai sirumcm vias i.1c6 for record in my office 7 �h f F +ssvytl�e ss as inc:icctod hereon and iho wme is now +! duty rccodri vi 'h 1yn c',ice.,�dgement Offtel recorerry der o� they City o? and ccr,.::cc.J �• =^^ i" =cord 3ook and Fayetteville, do hereb Pa^3 ns In- rr .d C:-:r >n• annexed or f0 tom is certify that tits office and s of record in mY f•I \'..: . ...3 • • • •_ •-- '• I ;:ave hereunto the sflme set my hand and offircd trn rrol of said Ordinance & Resolution book pears in at Court on t::o eoto Ina.co:cd hereon. page 3 9 witness ID � at wall npy of my an mrd Alma Kollmcyor 19. 9 0 �--�'_'-- Circuit Clark and Ex-officio vocoreor tyClerk —� .r FILES? FN' RECORD MICROFILMED 10 JUL 12 RIS 9 54 YIASMN' G vN CO AR A . KOLLMEYER BILL OF ASSURANCE This declaration of a Bill of Assurance made this day of June , 1990 , by the undersignedgwners of the following described real estate located in the City of Fayetteville , Washington County , Arkansas , and more particularly described as follows , to-wit : Lots 1 , 21 3 , 9 , and part of Lot 8 , Block 1 of the Revised Plat of Block 5 of Parker ' s Plat of Valley View Addition to the City of Fayetteville , as recorded in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County , Arkansas . E+ WHEREAS , the undersigned owners of the real property F v described have secured the approval of the Fayetteville Board w a of Directors to amend the Fayetteville zoning map to rezone H Fthe above-described property from R- 1 low density residential w wdirect to C- 2 thoroughfare commercial district ; and WHEREAS , the owners have promised and agreed to subject the use and development of said real estate to certain covenants and restrictions ; 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 Mopft.amenities in the community and to bind themselves , their successors and assigns and the afore-described real estate and its subsequent owners with the obligations and MICROFILMED c� lIB[fl �J7�PtiGE2 14 Page 2 restrictions hereinafter set forth for all present and future development and use of said property • NOW , THEREFORE , the owners declare that the above- described real property shall be held , developed , transferred , sold , conveyed and occupied subject to the covenents and restrictions herein set forth : 1 . The property to be rezoned , if used for the construction of a warehouse facility , said construction shall be in such a way as to comply the City ' s building code and set back restrictions from the street right-of- way of a distance of 50 ft . from Shady Ave • and 50 ft . from Pear Street , 2 . The the area between said warehouse facility and any residential property shall be seeded , grassed and maintained in a good and attractive manner . 3 . The west and southwest sides of said warehouse facility shall be buffered by the maintenance of the existing hedges in place so as to screen same from adjoining residential properties . 4 . The property rezoned to C- 2 shall be used solely for a moving and storage business , with office and warehouse facility . 5 . The the owners shall construct and maintain the parking and loading area on the east side of said MICROFILMED 11101375PAGEZ 0 Page 3 warehouse facility in SB- 2 with double chip and seal on the surface thereof . 6 . No free standing ground sign or wall sign or projecting sign shall be situated anywhere on the property that would exceed 10 ft . in height . WITNESS my hand and seal this day of June , 1990 , DONALD JA UBLE , Lessee//O er KEN LAZENBY TRUST MICROFILMED UBEP, 13'75P„GE � 1U ' r. . I, Alma Kollmeyer, Ci:cult Clerk and Ex-officio I:accrder for Washington County, Arkansas, do hereby certify that this in- s:ument was f':cd for record in my office as indic7ed hereon and the same is now duly rocodod wah the o:'enowledgemeni and cer',::icato mereon ir. Record Book and Pc�a as indrored thoroon. I?1 Wli-"Cc, I hc•'o herounto set my hand and offixzd the seal of said Court on the date indicated hereon. Alma Kollmeyer Circuit Clark and Ex-officio I.ecar6car by �� STATE of ARKANSAS es. County of Washington ORDIN LANCE,NO,. 3/80-1 - rANUORDINANCE REZON-, NGI THAT - PROPEgTrYI I. - if- - hereby certify that I DESCRIBED ..IN REZON- am the publisher oft E NORTHWEST ARKANSA IMES, a daily newspaper ING PETITION R90.10 FO( having a second class mailing privilege, and being not less than four pages of A PARCEL. 'LOCATEDON p g THE NORTHWEST COR five columns each, published at a fixed place of business and at a fixed (daily) NER OrE SHADYR.SIRE TS..- intervals continuously in the City of Fayetteville, County of Washington, Arkansas AND PEAR STREETS N BE - IT ORDAINED"' BY for more than a period of twelve months, circulated and distributed from an THE BOARD OF DIREC- established place of business to subscribers and readers generally of all classes TORS OF.iTHE; CITY OF F Y E TST.rE'V I L L E , In the City and County for a definite price for each copy, or a fixed price per ARKANSAS- Th annum, which price was fixed at what Is considered the value of the publication, secfwh o oft t the zona , based upon the news value and service value it contains, that at least fifty percent classification 1. ofaththe zonew. , Y ing described' property is.; of the subscribers thereto have paid cash for their subscriptions to the newspaper herebychangedasfouow3: or its agents or through recognized news dealers over a period of at least six R90.10 for the real proper. ty described In Exhibit "q•• months; and that the Said newspaper publishes an average Of more than forty attached hereto and matla 8 percent news matter. Part hereof:, f • From R-1. Low Density 1 ResidentialDistrict to C-2,I I further certify that the legal notice hereto attached in the matter of Thoroughfare Commerclal District. Section 2. That the offli I zoning map of the city of � • 'Y' D d I Fayetteville, Arkansas, Is I hereby amended to refted the zoning-change Provided was published In the regular daily issue of said newspaper for in Section t above. PASSED AND APPROV- consecutive insertions as follows: ED this 3rd day of July, 1990: APPROVED: I The first insertion On the / �-N ' day Of - 19 LLL_ By : William V. Martin Mayor I By: Sherry ATTEST:.-..L. Thomas the second Insertion on the day of 19 � City Clerk Exninit •' 61, the third insertion on the day of 19 LEGAL DESCRIPTION FOR'R90-10 I Lots numbered 1, 2, 3, 9, and the fourth insertion on the and the North 50 feet of Lot 81 - In Block I of the revisea Plat, Of Block S,. Parker's Plat oil Valley View Addition to th J / / ! City s Fayetteville, Add l- Orn t0 and subscribed before me o this c.J lam / day f tion as par Plat of seftl Office o j tion„Cir file:ICl the .Off ice x. The Circuit der of and Ex. �Ll % officio Recorder of Washing-. --- ton CounTY, Arkansas ' No aly Publi My Commission Expires: 9 - � - 9 / Fees for Printing *s � Cost of Proof —. S 'rota) Sca' ISL• Los If u . . AUG 03I4M FINANCE DEP