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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.