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HomeMy WebLinkAboutOrdinance 3489 cid Fj r � a REC.ORB ' 90 JUL 12 Aft 9 54 CO AR A . KOLL ,MEYER ORDINANCE NO . 3489 FMMED AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION R90 - 15 FOR A PARCEL LOCATED AT 2143 GREEN ACRES ROAD CONTAINING APPROXIMATELY 1 . 68 ACRES . 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 - 15 for the real property described in Exhibit "A" attached hereto and made a part hereof . From R- 1 , Low Density Residential District to R- 0 , Residential Office 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 i above . PASSED AND APPROVED this 3rd day of July 1990 . APPROVED : By : Mayor ATTEST : Citv' 141erk } IIBER 13 l 5PAG, 2 10 Exhibit " A" LEGAL DESCRIPTION FOR R90 - 15 Lot One , Green Acres Subdivision, Fayetteville , Arkansas as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex - officio Recorder of Washington County , Arkansas . LIBER U75PAGE 271 CERTIFICATE OF RECORD I, Alma Kol'meycr, Circuit Clerk and State of Arkansas Exo'ficio I'.zccezr fc, "'^ching•on County, CI of Fa etteville Arkonscs, do her . . ,y ..;-try ''oat this in- I, Sherry omas, City C erB and Ex- atromcnt was f '.:d for e,cad In my office fficlo recorder for the City of co irc!icctod kerion and the nnmo is now Fayettevile, do hereby certify that thA duly rccoi Sed m:h t'no c-'trow!cdgement anne=ed or foregoing is of record fn M,, and cer,':ccto Ver_on in _cord Book and office and the same appears Ni Ordinance & Resolution book XXL Ihovo hereunto gan I y7MF= day of ffiy . set my hon;: and of:i: . „ -. j ;_at of said 19 SIO 71 Ll ;J�a�/ Court an the c'otc Indrcoi d hereon. Alma Kol!moycr icJerk ato Circuit Clark and Ex-off icio(Recorder by X11 STATE of ARKANSAS 1 J} as. County of Washington 0 a' I, 'v hereby certify that I am the publishero HE NORTHWEST ARK �0ROMANCE Ni-148M SAS TIMES, a daily newspaper AN' ORDINANCE REZONJ having a second c ass mailing privilege, and being not less than four pages of INGTHAT PROPERTY' five columns each, published at a fixed place of business and at a fixed (daily) DESCRIBED IN REZON ING PETITION Intervals continuously in the City of Fayetteville, County of Washington, Arkansas A PARCEL, LOCATED AT for more than a period of twelve months, circulated and distributed from an 2143 GREEWACRES'ROADI established place of business to subscribers and readers generally of all classes CONTAINING APPROXI-4 In the City and County for a definite price for each co p per MATELY 1.68 ACRES. " + ' t annum, which price was fixed at what Is considered the copy, of the publication, BE IT ORDAINS. 4 4 ; THE 'BOARD OF DIREC p0 basedupon the news value and service value It contains, that at least fifty percent TORS OF THE CITY OF IFAY' ETT 'EVILLE , of the subscribers thereto have paid cash for their subscriptions to the newspaper I ARKANSAS:, ., or Its agents or through recognized news dealers over a period of at least six section .1. That the zone classlficaffon of the follow- months; and that the said newspaper publishes an average of more than forty ' Ing . described property Is percent news matter. herebyChansied as fol lows: Rwis for the real'proper- ' ty described in Exhibit '•A" I further certify that the legal notice hereto attached In the matter of attached hereto and made ai part hereof: -' From R-1, Low , Density �h , / (j Residential Dlstrlct4o R-0,! i 4d 7 r Residential Office District. section 1. That the official ' / zodin0' map-uf:.tne'CIN• ot{ was published In the regulardaily issue of said newspaperfor Fayetteville, Arkansas is consecutive Insertions as follows: hereby section to reflect, the zonin9 .chahpe provided In PASSE , AND a - - The first insertion on the LSA da of 19 0_ PASSED,. AND AP ,, M Y ED thl53rd day of July, 1990: ' APPROV.E ), I the second Insertion on the By: Wlllfem V. Martin day of 19 �; .y, -meybri ATTEST : - the third Insertion on the day of 19 By : Sft_crry L. Thom_as j City Clerk 6xhlbit",A^.j' and the fourth insertion on the ay of 9 i LEGAL DESCRIPTION FOR .R90-15 ':: - Lot One, Green Acres Sub- tlivision , Fa.y peft e`vi 11 e, Arkensas as perilet,of-seld / subdivision recorded"id the orn to and subscribed before me this c-�(S . da of office, of the Ci rcu il3 Clerk and Ex-officio Recorder of Washington County, ,Arkan., a • sas. Not 'r Public My Commission Expires: Fees for Printing _ 5 • 6o Cost of Proof _. $ 'rota) _ s - kL' r, � i J AUG 03I M FINANCE DEPT. FIS -EC FCA RECURO r"�IICZROFILMED ' 90 JUL 12 Aft 9 54 BILL OF ASSURANCE WASHINIv „ N C.0 AR A . KOLLMEYER This declaration of a Bill of Assurance made this � day of 1990 by the undersigned owned"s of the following described real estate located in the City of Fayetteville , Washington County , Arkansas , and more particularly described as follows , to-wit : Lot One , Green Acres Subdivision , Fayetteville , Arkansas as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex-officio Recorder of Washington County , Arkansas . WHEREAS , the aforesaid owners of the real property described above have secured the approval of the Fayetteville Board of Directors to amend the Fayetteville Zoning map to rezone the above described property from R- 1 , Single Family Residential District , to R- 0 , Residential Office District ; and WHEREAS , the owners have promised and agreed to subject the development of said real estate to certain covenants and w v 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 H > of guaranteeing the preservation of certain values and amenities F in the community and to bind themselves , their successors and a w assigns and the aforedescribed real estate and its subsequent owners with the obligations and 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 covenants and restrictions herein set forth : • I . Prior to applying for a building permit , the owners shall submit to the Fayetteville Planning Office a tree preservation plan for approval by the Fayetteville Planning Management Director . Said tree preservation plan shall insure that a minimum of sixty ( 60 ) percent of all existing on- site trees with a caliper of eight ( 8 ) inches or more shall be retained and shall be protected during the construction and paving process ; provided , the tree retention MICROFILMED LIM1375PAGE277 percentage may be reduced by fifteen ( 15 ) percent if approved by the Fayetteville Planning Management Director due to unforseen problems arising during the construction process . IN WITNESS WHEREOF , this Bill of Assurance executed on the date first above written . N�r,S'�l.lre,s-l�►� STATE OF ARKANSAS ) SS : ACKNOWLEDGMENT 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 , �1 a' k f- a'Aet� to me well known , who acknowledged they had executed the foregoing Bill of Assurance for the consideration and purposes therein mentioned and set forth . ��!t WIT ESS hand and seal as such Notary Public this 42 day of 1990 . /on Notary,o%PU` TY!0a,, My Co / on Expires : Y t%0 . A R y •. 2 : aem [ VJ soco z T ' ••. ...... p �'*,�"IV�coUNZy MICROFILMED (I1(4375PAGE278 1, Alma Kollmeyer, Circuit Clerk and &-afficlo GocoHor for Washington County, Arkansas, da hereby certify that this in- strumcnt vias f Jcd for record in my office as ineiccted hereon and the some is now duly recorded wish the acknowladgement and cerL:.cato thereon in Record Book and Fapo as indicoted thereon. . IN yj; . . WHrMCF, I have hereunto sot my hand and offixod the seal of said Court on the crate indicated hereon. Alma Kollmeyer Circuit Clerk and Ex-officio Recordor by ��