HomeMy WebLinkAboutOrdinance 3492 ! Fii Ep r. nn RECORD
90 HUG 8 Pfl 3 55
ORDINANCE NO . 3492 WASri N+ ' Vr+ OO AR
A . KOL MI� (() IFIIILM ED
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION R90 - 14 FOR A PARCEL
CONTAINING APPROXIMATELY 5 . 05 ACRES FRONTING
WEDINGTON DRIVE AND RUPPLE ROAD .
WHEREAS , the applicants have made certain voluntary
representations to the City of Fayetteville regarding the use of
their property as reflected in the Bill of Assurance attached
hereto as Exhibit A and made a part hereof and ,
WHEREAS , the City of Fayetteville has relied upon these
assurances in granting this rezoning petition .
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 - 14 for the real property described in Exhibit B
attached hereto and made a part hereof .
From A - 1 , Agricultural District to R- 0 , Residential -
Office District for the most southern 1 . 5 acres of the
above - described property .
and
From A- 1 , Agricultural District to C - 2 , Thoroughfare
Commercial District for the northern 3 . 5 acres of the
above - described property .
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 17th day of .T„1 ., 1990 .
APPROVED :
By
Asst . Mayor
ATTgST :
J .ayuw1379PhGE145
� �
`ti.C, ile 1. r r
Exhibit B
LEGAL DESCRIPTION FOR R90 - 14
A part of the SE ,' of the NEz of Section 12 , Township 16
North , Range 31 West , Being more particularly described as
follows , to -wit :
Beginning at a point of the West line of said 40 acre
tract which is 267 feet North of the SW Corner of said
40 acre tract , and running , thence East 373 . E feet ;
thence South 0 ° 10 ' East 267 feet to the South line of
said 40 acre tract ; thence East 253 . 6 feet ; thence North
0 ' 25 ' East along an existing fence line 507 . 1 feet ;
thence West 632 . 1 feet cc the West line of said 40 acre
tract ; thence South 0 ' 10 ' East 239 . 8 feet to the point
of beginning , containing 5 . 05 acres , more or less .
LIBER 1379PAGE146
1, Alma Kollmeyer, Circuit Clerk and
C�TCA•� &.officio Recorder for Washington County,
♦ �.���� OF RECORD Arkansas, do hereby certify that this lnf
e of Arkansas strumont was filed for record in my office
Of Fa ••llB / ` m indicated hereon and the same is now
Cl �y omae, City Clerk and ,Era duly recorded with the acknowledgement
Offlclo recorder for the
Fayetteville, City of and aen;ficata thereon in Record Book and
s do hereby cern Fuge as Indicated thereon.
annexed or foregoing co that the I have hereunto
office and g 8 la of record in my IN WITNESS WHEREOF,
the Same appears in set my hand and affixed the seal of said
P$ S e & Resolution book at Court on the date indicated hereon.
sea �Vitnesa my and
• day Of Alma t Cl
19 9a Circuli clererkk and d
Ex-officio Recorder
Clerk d E:-officio Recorder by l 4
STATE of ARKANSAS 11
j ORDINANCE NO. 3492 88.
IAN ORDINANCE REZONI County of Washington JJ
ING THAT PROPERTY
DESCRIBED IN REZON-I
ING PETITION 'R90.14 FOR
A PARCEL 'CONTAINING' o
APPROXIMATELY 5.05 1 ^' p�' ' � r^ hereby certify that 1
A C R E, S-'F R' 0 N T I N W am the publisheroerHE NORTHWEST ARKANSAS TIMES, a daily newspaper
WEDINGTON. DRIVE ANDI havinga second class mailing privilege, and being not less than four pages of
RAPINE ROAD. K P g g
WHEREAS, the appliJ five columns each, published at a fixed place of business and at a fixed (dally )
cants have made certainintervals continuously In the City of Fayetteville. County of Washington. Arkansas
voluntary representations to'
the City of Fayetteville' for more than a period of twelve months, circulated and distributed from an
regarding the use of their, established place of business to subscribers and readers generally of all classes
property ss reflected at in the In the Cit and Count for a definite rice for each co p per
Biu
property Assurance attached,the Y Y P copy, or a fixed rice r
hereto as Exhibit A ana' annum, which price was fixed at what Is considered the value of the publication,
made a part hereof and, I based upon the news valueand service value ft contains, that at least fift rcent
WHEREAS, the City of" YPe
Fayetteville has relied uponI of the subscribers thereto have paid cash for their subscriptions to the newspaper
thew assurances In granting or Its agents or through recognized news dealers over a period of at least six
this rezoning petition. months; and that the said newspaper ublishes an average of more than forty
BE o ORDAINED BYP g
1 THE BOARD OF DIREC-7 percent news matter.
TORS OF THE CITY OF
ARKANSAS: I I further certify that the legal notice hereto attached In the matter of
Section, 1. That the Ione)
classification of the follow-1
Ing described Chnge property is
herebyChanged
for the
as real proper-,
Rescr for the reel proper
ty described in Exhibit B at-,
taches hereto and made a. was published In the regular daily issue of said newspaper for _ Z
part From A-1,
ure Iconsecutive insertions as follows:
From A-L O, Resider-
tial-Office
to R-O. Resitlen-
Most fSout District for the The first insertion on the L da of _ 19 LL—
nlost southern 1c acres e Y (J
the above-described proper.
ty the second insertion on the day of 19
and
From A-1, Agricultural
District to C-2, Thorough- the third insertion on the day of 19
fare Commercial District
for the northern 3.5 acres at
the above-described proper- and the fourth insertion on the __ day 19
ty.
Section 2. That the official.
zoning map of the City of.
Fayetteville, Arkansas, is
herthe zoning
ng Chang to resect Sworn to and subscribed before me o this day of
the zoning Change provided
In Section 1 above.
PASSED AND AP 19
ED this 17th day of July,July,
1990.
APPROVED:
By : Fred S. Vorsanger
A33n1.t. Mayor `
ATTEST: tary'Pu IC
By : Sherry L. Thomas t
City Clerk My Commission Expires: '
Exhibit B a
LEGAL
FOR
ION ! _ / _ 9 /
\ FOR R90-EI
A part of the t i o of the,
N Township
p1 Section 12 ,
e31 '
Welt. iB 16 North, Range31
Being more par-
f flow rly described as
foBegin Beginning
a: Fees for Printing
5 fl d j
Beginning at a point of the g
West line of saitl 40 acre
tract which is 267 feet North Cost of Proof _. S
of the SW Corner of said 40
acre tract, and running, '
thence East 373.1 feet; Tolal
thence South 0010' East 267
feet to the South line of said
40 acre tract; thence East
253.6 feet; thence North 0025'
East along an existing fence
line 507.1 feet; thence Wes11 f
632.1 feet to the West line of S E P 1 Ism
said 40 acre tract; thence
South 0010' East 239.8 feet to
the point of beginning, con-� FINANCE DEPT.
fairing 5.05 acres, more or,
less.
ldorth of Wedinoton ,
FILED FO ' RECORD East of Rupple Road
? 90 HUG 8 Pin3 55 Caudle Rezoning
WAS HIN6ivNBI O AR ASSURANCE
A . KOLLMEYER
This declaration of a Bill of Assurance made this 1 04) day of
, 193L, 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 :
SRR ATTACHMENT
WHEREAS * the aforesaid owner of the real property described above has
secured the approval of the Fayetteville City Board of Directors to amend the
Fayetteville zoning map and rezone the most southern 1 . 5 acres of the above
described property from A- 1 , Agricultural , to R-0 , Residential-Office and the
most northern 3 . 5 acres of the above described property from A- 1 , Agricultural ,
to C-2 , Thoroughfare Commercials, and
WHEREAS , the owners have promised and agreed to subject the development p�
of said real estate pursuant to certain covenants and restrictions pertaining W
Uto same ; and
WHEREAS , the owners are desirous of making a declaration of the same in
athe form of this Bill of Assurance with the intention of guaranteeing the
H I
Hpreservation of certain values and amenities in the community and to bind
F �
athemselves , their successors and assigns and the aforedescribed real estate and
W y
its subsequent owners with the obligations and r6strictions 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 .
The use of the most northern 3 . 5 acres of said property shall be limited
to mini-storage development only .
II .
A tree preservation plan shall be submitted prior to any construction or
development subject to the following : a ) the preservation of 60 percent of all
existing trees with a caliper of 8 inches or more , b) the protection of trees
to be preserved during the construction and paving process , and c ) the
understanding that the staff has the administrative authority to reduce by as
much as 15 percent the percentage of trees to be preserved if the unforeseen
removal of certain trees is deemed necessary during the construction process .
MICROFILMED EXHIBIT A ueE4379o , ,117
- z -
III .
Access for any development on the most northern 3 . 5 acres of said property
shall be limited to Rupple Road . ^ , ►^
WITNESS my hand and seal this 10 �" \ day of ZU&A�/ ,
19-L0.
�IAt,E W C AU DLC
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
) SS :
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 action ,
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 day of.
19`ti
r O.•� � 1 .•t :i Y'
[r
��•` Notary Public
%ydtrimiss�,on` Expires :
iinj N�iP` `,
LIM 1379PAGE148
ATTACHMENT TO BILL OF ASSURANCE
LEGAL DESCRIPTION : A part of the SEI / 4 of the NE1 / 4 of Section 12 , Township 16
North , Range 31 West , being more particularly described as follows , to-wit :
Beginning at a point on the West line of said 40 acre tract which is 267 feet
North of the SW Corner of said 40 acre tract , and running , thence East 373 . 1
feet ; thence South Oo 10 ' East 267 feet to the South line of said 40 acre tract ;
thence East 253 . 6 feet ; thence North Oo 25 ' East along an existing fence line
507 . 1 feet ; thence West 632 . 1 feet to the West line of said forty acre tract ;
thence South Oo 10 ' East 239 . 8 feet to the point of beginning , containing 5 . 05
acres , more or less .
LIBER 1379PAcE149
4 Alm* Kollmeyar, Circuit Clerk and
6o-of ido Recorder, for Washington Corny,
Arkansas, do hereby certify that this In.
strument was filed for record in my office
m indicated hereon and the same is new
duly recorded with the acknowledgement
and certificate thereon in Record Book and
Page as indicated thereon.
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed the seal of said
Court on the date indicated hereon.
Aimo Kollmeyer
Circuit Clerk and
Ex-officio Recw or
by