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HomeMy WebLinkAboutOrdinance 3507 `' LED `OR RECORD '90 OCT 4 nn S 30 WASHINGTON CO AR A. KOLLMEYER ORDINANCE No . ssm MICROFILMED AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION R90 - 22 LOCATED AT 1716 WEST 6TH . 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 - 22 for a portion of the real property that lies south of a dividing line that runs directly east from the northern right - of -way line of the existing Kaywood Lane as described in Exhibit "A" attached hereto and made a part hereof . From R- 2 , Medium 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 18th day of gpptTnh,, 1990 . APPROVED : By : Mayor A EST':" 'City 'Eler tee` `'44, Liu' ' LnER1387P„GE721 Exhibit "A" LEGAL DESCRIPTION FOR R90 - 22 A part of the SE4 of the SW4 of Section 17 , T - 16 -N , R- 30 -W described as beginning at a point which is North 526 . 04 feet and West 129 11 / 16 feet from the SE Corner of said 40 acre tract ; thence West 76 11 / 16 feet ; thence South to the Northerly Right - of - Way of U . S . Highway No 62 ; thence along said Right - of -Way to a point due South of the point of beginning ; thence North to the point of beginning . LIBLR 13S7PA022 CElYi'li+'3(:s17')J U2� hiist.'lS1aU State of Arkmnsas City of Fayetteville SS l:, Sherry Thomas, City Clerk and Ex recorderOfficiO 04 Fayetteville, do hereby ce tify that the > �• annexed or foregoing is of record in m, office and the same appears ii, Ordinance & Resolution book at page 30 Witness my hon and seal t s 4dayof �^ Ity CleF,x-officio Recap 1, Alma Kollmeyer, Circuli Clerk and Exrofflcio Cacc:dar for Washington County. Arl:ancas, ch hereby certify that this Ins- stn:=nt was fCcd for record in my offim as ini ic-:ed hereon and the same is now duly rccoded w :h tae acknowledgement 1, Alma Kollmeyer, Circuit Clerk and and caK::icaty thereon in Record Book and Ex-officio Recorder for Washington. County, Pave as indicnted thareon. Arkansas, do hereby certify that this m- 1>J \:7. 1:=:5 WKMCJF, I have hereunto strumenl was filed for record in my office sat my hand and affixed the seal of said as indicated hereon and the same is now Court on the date indicated hereon. duly recorded wiih the ackoowierigcment Alma Kollmeyor and cerlificate thereon .a X,.aord Book and Circuit Clark and Page as indicated thereon. Ex-officio Recorder IN WITNESS W: 6.;. I hcv- hereunto ('� T set my hand and :Il.- ;;d :no seal of said �VP�L� •V•Ll Cowl on the dole indiccl:d I:crcon. Alma Ko!!mcyer Circuit C!ak and Ex-officio Recorder by • F 3s- o � �GD - � � BILL OF ASSURANCE This declaration of a Bill of Assurance made this a day of 19ab , by the undersigned owners of the following described real estate located in the City of Fayetteville , Washington County , Arkansas , and more particularly' c described as follows , to -wit : s — m 0 SEE ATTACHMENT -^ C. WHEREAS , the aforesaid owner of the real property described- 3M rn 0 above has secured the approval of the Fayetteville City Board ofD C'0� w, o Directors to amend the Fayetteville zoning map and rezone the above 0 described property from R- 2 , Medium Density Residential , to C - 2 , Thoroughfare Commercial ; and WHEREAS , the owners have promised and agreed to subject the 1 development of said real estate pursuant to certain covenants and �J restrictions pertaining to same ; 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 and amenities in the community and to bind themselves , their successors and 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 . 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 L10 1387PAGE 723 . ' -a- reduce by as much as to percent the percentage of trees to be preserved if the unforeseen removal of certain trees is deemed necessary during the construction process . WITNESS my hand and seal this I,?, day of 19� . 0 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 a acting within and for the aforesaid County and State , `Mn j0b;,x , A114Q 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 /a . day of 19� . aN . OTAP - - - � iona&-d My C.ij mission Expires : E LBERI387PRGE / 24 • : X90 - as 3 . A part of the SE} of the swi of Section 17, T-16-N , R-30-W described as beginairg at a point which is North 526 -04 feet and West 129- 11 /016 feet from the SE Cornerof said 40 acre tract ; thence West 76 11 %16 foet ; thence Sout.b. tc the Northerly Right of-Way of U . S . Highway No. 62 ; thence . along Said Right-of-Way to a point due South of the point of beginning ; thence North tc the point of beginni:ig . . EIBER 138 1 PACE725 1, Alma Kollmeyer, Cifault Clerk and Ex-officlo rocc.der for Washington County, Arkonscs, do hereby certify that this in- strumcnt was fJod for record In my office on Ineiccted hereon and the same is now duly recorded w.:h the acknowledgement and cert"icato thereon in Record Book and Page as Indicated thereon. IN W:TRSSS WHEREOF, I hove hereunto tet my hand and affixed the seat of said 1, Alma Kollmeyer, Circuit Clerk and Court on the date indicated hereon. Ex-officio Recorder for Washington County, Arkansas, do hereby certify that this in- Alma Kollmeyer dteuit Clerk and strument was filed for record in my attics EX-Officio Recorder as indicated hereon and the same is now ^ — duly recorded with the acknowledgement ..`��Y\y\A\A YY�ttR`TYTT{{7{fi 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. Alma Kollmeyer Circuit Clerk and Ex-officio Recce by STATE of ARKANSAS ISO. County of Washington ORDINANCE No. 3507 AN 0ROMANCE REZON-' ING ..THAT. PtROPERTV -�A.�Q p .� f_ 4 DESCRIBED IN REZON- I, hereby certify that I CN PETITION- R90-22 LO- am the publisher o ENORTHWEST ARK NSAS TIMES, a daily newspaper LATE ' 1716 WEST 6TH. .. BE IT 'ORDAINED BY having a second class mailing privilege, and being not less than four pages OI ITHE BOARD OF DIREC- five columns each, published at a fixed place of business and at a fixed (dally) TORS OF THE 'CITY OF intervals continuously in the City of Fayetteville, County of Washington, Arkansas F A Y E T T E V I L L E , ARKANSAS: for more than a period of twelve months, circulated and distributed from an Section 1. That •,me: zone established place of business to subscribers and readers generally of all classes claellow- Ing describe of the property is1 In the Cit and Count for a definite rice for each mg described property .. Is Y Y P copy, ora fixed price per hereby changed asfonows: annum, which price was fixed at what is considered the value of the publication, R90.22 for a portion Of.ihe based upon the news value and service value it contains, that at least fifty percent ' real propertyYnat Iles sovtn� of a dividing line that"runs of the subscribers thereto have paid cash for their subscriptions to the newspaper directlyeastfrom the nor- or its agents or through recognized news dealers over a period of at least six them right-of-way Ilneofrthe existing Kaywood Lane- as months; and that the said newspaper publishes an average of more than forty described In Exhiblt "A" at- percent news matter. tached hereto and made a part hereof. From R-2. Medium Densi- I further certify that the legal notice hereto attached in the matter of ' ty 'Residential District to C- • 2, ThoroughfareCommer- . / IcIDistrict. Section 2. That the official) I zoning map of the City of II l Fayetteville, Arkansas, Isi / , hereby amended to reflectl was published in the regular daily Issue of said newspaper for the zoning change provided consecutive insertions as follows: In Section 1 above. PASSED ANDA ED this 18t990. day ay of of The first insertion on the day of l6 /wsa4T 02u• � .l 19 , September, 1990. APPROVED: By: wIIIIam V. Martin the second Insertion on the da of 19 Mayor Y IgTTEST: By: Sherry L. Thomas the third insertion on the day of 19 City Clerk Exhibit "A" i LEGAL DESCRIPTION and the fourth insertion on the —_ da :day FOR R90-22 A part of the SEV4 of the SWIA of Section 17, T-16-N, R-30-W described as beginn- ing at a point which is North , 526.04 feet and West 12911/16 Sworn to and subscribed before me o this of feet from the SE Corner of said 40 acre tract; thence 9 West 76 11/16 feet; thence tL South to the Northerly Right-of-Way to a point due South of the point of beginn- - — Ing; thence North to the of ry Pub c pointof beginning. My Commission Expires: 9 - 1 - 9 / Fees for Printing _ S ,5 f " Cost of Proof —. S Total S9 7, c9-3 . YuiLto L, s t OCT 2 ` I9�vt3&3 4 • HNANCE DEPT.