HomeMy WebLinkAboutOrdinance 3508 FILED FOP RECORD
190 OCT 4 aM & 30
WASHING i UN CO AR
A. KOLLMEYER
ORDINANCE NO . 3SQR MICay ^ FNLME D,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED At
IN REZONING PETITION R90 - 23 LOCATED AT 1740
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 - 23 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 September 1990 .
APPROVED :
By :
Mayor
•,1 4M /IV4�� .
ATT S, FQ+" `O".
I By : .�
City Cle
EIBEk 1387PAGE719
Exhibit "A"
LEGAL DESCRIPTION FOR R90 - 23
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 206 3 / 8 feet from the SE Corner of said 40 acre tract ; thence
West 153 3 / 8 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 .:
m[R 1387PAGE72O
CERTBICATE OF RECORD
L `"te of Arkansas
Cei of FayettevMe ( SS
1, Sherry Thomas, City Clerk and Ex
Of
Fayett ville recorderCIO do hereby certify that the
annexed or foregoing is of record in 1ny
office and the same appears in
Ordinance & Resolution book X X ✓
page 3 e -t) Witness at
seal tZts ay of hY
19 9e
Cl Clerk an Es-®; aciG 7_
Ir AlmKollme er, Circuit Clerk and 1, Alma Kollmeyer, Circuit Clerk and
y Ex-officio Recorder for Wccb;cg!on County,
fxofficlo l::cc-der for Washington County,
Arkansas, do hereby c_ri'y the t ,his in-
Arkansas, eo hereby cenlfy that this in-
strument was bleu fes, , �cc: o . . :ice
%I. umcnt was i.:nd for retard in my office
8s indicated hereon r.,d ,.,e ; ni. .s �nw
as inc;ic^_ted hereon and the some is new
duly recorded c+ilh the cc!.::,: d,. - . :ant
duty receded rilh the ocknowledgement
and cen:,-kotu thereon in Record Book and 'end certificate I ^ SL,cor2 Zoc.; and
)'age as indicateedd tL;.e e:<on.
Pcse as indicated thereon.
eunjo
IN kr�^. WHERi^F, I have hereunto IN WITNESS affixWt.E ..r I . have bend
set my hand and affixed the seal of said 'set rt hand and aindicz ed of said
Court on the date indicded is.. con.
Court on the c'ate indicated hereon.
'Alma Kollrrcyer
Alma KoCmeyer Circuit C!erk sed
Circuit Clerk and Ex-officio Recorder
Exofficto Recorder
by 4� by
BILL OF ASSURANCE
This declaration of a Bill of Assurance made this
day of (:ZQSe .��a�_ , 19 qO , 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 :
SEE 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 above
described property from R- 2 , Medium Density Residential , to C- 2 ,
Thoroughfare Commercial ; and
^� O T
D fr+t
WHEREAS , the owners have promised and agreed to subjectothe r'
development of said real estate pursuant to certain covenanter artd
M z
Z3
restrictions pertaining to same ; and m �' n
D
� w v
WHEREAS , the owners are desirous of making a declaration of C)
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
LIBER 1387PAGE 726
_2_
reduce by as much as io 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 day of
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
) SS :
COUNTY OF WASHINGTON )
BE IT REMEMBERED that on this day came before the undersigned ,
a Notary Public , duly qualified , commiss oned and acting within and
for the aforesaid County and State , I &dA-ItAk fa�L ,
to me well known , who acknowledged a that thty had executed the
foregoing Bill of Assurance for the consideration and purposes
therein mentioned and set forth .
WITNE S my hand and seal as such Notary Public this /J-
day
Zday of 19� .
U FN
MY-%64ommission _ Expires :
C d .i
93
Llm1` 87PtiGE727
4 . Apart• of the SE} of the 54i of Section 17P T-16-K ? R-30-W described a:- beginning
at a point which is North 526 . 04 feet and . West 206 3/8 feet. from the SE Corner
of said 4.0 acre tract ; thence West 153 3/8 feet ; thence South to the Ncrtherly
Right-of-Way of II . S . Righway No.. 62 ; thence along said Right-of-way to a point
due Scuth of the pcint of beginning ; thencF North to the poir.t cf begirs ing .
^'scar-
��aE� 138'7er,�+� i�5r
Ito Alma Kolimtsyer, Circuit Clerk OW
Ex-officlo f::ccrder for Washington County.
Arkantos, do hereby certify that this Into
strument was filed for record in my office 1, Aima Kollme
Yeo, Circuit Clerk and
as inc:ic^ted hereon and the some Is now Fx•o//itio Recorder for Washington County,
duty rctorded w!Ih the acknowledgement Arkansas, do hereby certify That this in-
and cer;;;icato thereon in Record hook and sarument was tiled for record in �. ,> ?ce
Page as indicated thereon. as indicated
hereon and the Sarno is .low
ry q;;'�;=:5 W}i:RECF, I have hereunto
duly recorded with the acknowledgement
set my hand and affixed the seal of said end certificate thereon in Record Book and
Court on rie crate indicated hereon. Page as indicated thereon.
IN WITNESS WHEREOF, I have hereuno
Alma Kol.meyer set my hand and affixed the seal of said
Grcuit Clerk and
Exrofflelo Recorder Court on the date indicated hereon.
Alma Kol
bill Circuit Clererkk and
EX-officio Recorder
by �S
STATE of ARKANSAS
ea.
County of Washington
102UPI ponces
- � I, ! 1`H A ti'^ a • � � -f-^� ^ hereby certify that I
ORDINANCE No:7508•
AN ORDINANCE REZON am the publisher of HE NORTHWEST ARONSAS TIMES, adaily newspaper
ING THAT 'PROPERTY 1 having a second class mailing privilege, and being not less than four pages of
DESCRIBED IN REZON- five columns each, published at a fixed lace of business and at a fixed (daily)
ING PETITION RIE LO filh )P P Y
' CATED AT 1740 W EST 6TH. intervals continuously In the City Of Fayetteville, County of Washington, Arkansas
BE IT ORDAINED By for more than a period of twelve months, circulated and distributed from an
THE BOARD OF DIREC-
TORS OF THE CITY OF , established place of business to subscribers and readers generally of all classes
F A Y E T T E V I L L E , In the City and County for a definite price for each copy, Or a fixed price per
ARKANSAS:stion annum, which rice was fixed at what Is considered the value of the publication,
Section 1. That the ,zone ) P
classification of the follow- based upon the news valueand service value It contains, that at least fifty percent
Ing described - property is of the subscribers thereto have paid cash for their subscriptions to the newspaper
hereby changed asfollows:
R90-23 for a portion of the or its agents or through recognized news dealers over a period of at least six
real property that nes south months; and that the said newspaper publishes an average of more than forty
of a dividing line that runs
directly east from the nor- percent news matter.
thern right-of-way line ofihe
existing Xia7
tx lane as I further certify that the legal notice hereto attached in the matter of
described
heretoantllrmade a
part hereof.
From R-2. Medium Densi-
ty Residential 'District to C- , . � U/n�<'LJ __ / l. U • ��tl !I
12, Thoroughfare Commer, �
cial District.
section 2. That the official was published in the regular daily issue of said newspaper for
zoning map oftheCity of consecutive Insertions as follows:
Fayetteville, Arkansas, is
hereby ngamended
change
to reflect ; � ..,lQ y /1 —
the zoning above. provided The first Insertion on the ,(, da of 19 y�
.in Section 1 above.
PASSED AND APPROV-
E D .this lain day of the second insertion on the day of 19
September, 1990.
APPROVED:
By : William V. Martin the third Insertion on the day of 19
Mayor
ATTEST :
T '
TTESand the fourth Insertion on the !--
ATBy .TES try L. Thomas 19
City Clerk I
Exhibit "A"
LEGAL DESCRIPTION
FOR R90-23
A part ofjthe SE1A of the Sworn to and subscribed before me o this da of
.4
sW' of section 17, T-16-N, jR-30 . Y
W described as beginn-
Ing - a point which is North
526 M feet aR Was 706-3/91 -- -
feet, fronn 1 , Corner of
said x0 acre' fract "thence
Wesf.,553 `3/e Ifeet .Thence) N ry Publl
Soutn 'i the Northerly
Right?hof Way rof U . S . I
� Hignway; No 62; I encs My Commission Expires:
along saitlYRight=of Way fee
lnL
i podue south of the point Q _ /` `'i1 l
lot be0lniiingt thence North /
to the pOIm m bepInning. -
Fees for Printing _ S r_17 LL
Cost of Proof —. S
Total _ 5V5 -
OCT 251�q
FINANCE DEPT.