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.