HomeMy WebLinkAboutOrdinance 3509 F! LED FOR RECORD
190 OCT 4 nn a 30
WASHING (JN CO AR
A. KOLLMEYER
ORDINANCE NO . 'I'M 41CR01PILMIED
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION R90 - 24 LOCATED AT 1800
WEST 6TH .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , AR)CANSAS :
Section 1 . That the zone classification of the following
described property is hereby changed as follows :
R90 - 24 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 &.ptamber 1990 .
APPROVED :
By : J�=[� v '
Mayor
ATT
R
I By :
City : C rk
1387?6GE717
`rIld1J ,_ • � L` •
Exhibit "A"
LEGAL DESCRIPTION FOR R90 - 24
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 359 . 3 / 4 feet from the SE Corner of said 40 acre tract ;
thence West 153 3 / 8 feet ; thence South 322 . 33 feet 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 .
LIBER 1387PAGE718
CERTIFICATE OF RECORD
State of Arkansas
City of Fayetteville SS
I, Sherry Thomas, City Clerk and Exp
Officio recorder for the City of
Fayetteville, do hereby certify that thea
annexed or foregoing is of record in my
office and the same appears in
Ordinance & Resolution book ✓ at
page 3 o s' Witness my hand and -
1seal 9 0Urs — y of _
City Cl( -., an f
1, Alma Kollmeyer, Cfrcurt perk and
Ex•afflCla r�C=cler for Washington County,
Arkoncas, do hereby cart,fy that this in-
s::umcnt was f :ad for record in my office
as Indented hereon and the some is now
duly recorded w:th tSe acknowledgement I, Alma Kollmeyer, Circuit Clerk and
and cw::.';cato thereon in Record Book and Ex-officio Recorder for Washington County,
Papa as indiccted thereon. Arkansas, do hereby certify that this in-
LV - <=S WHZREOF, I have hereunto strument was filed for record in MY oifice
let my hand and affixed the seal of said as indicated hereon end the same is now
Court on the dote indicated hereon. duly recorded with t'ne ar',=o. l- dg' 1 "nt
Alma Kollmeyer and certificate (hereon 1 c- 'c..
Circuit Clerk and page as indicztcd Yr crrr.
4-officio Recorder IN WITNESS \ , �:
t 1.-, eunto
set my
land and uIS:., { :,id
by Court an the dzic iod.wtoC 'n _� _un.
Aima Kolhn Yer
Circuit Galt and
Ex-officioRecorder
by
BILL OF ASSURANCE
This declaration of a Bill of Assurance made this a
day of Se �i� v-vv �cr 19 '�kb , 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
v
WHEREAS , the owners have promised and agreed to subject �h� o
\Q
development of said real estate c rt'
p pursuant to certain covenants �ad �
restrictions pertaining to same ; and aZDa
M o 3 m
o
Go c'>
WHEREAS , the owners are desirous of making a declaration,�? f
C013 v
the same in the form of this Bill of Assurance with the intention
r
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
LIB( R1387PAGE729 .
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 12 day of ? ,
19 .
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
) SS :
COUNTY OF WASHINGTON )
BE IT REMEMBERED that on this day came before the undersigned ,
a Notary Public , duly qualified , commissionednd acting within and
for the aforesaid County and State , ?.h�nr � I . - tr&)e ,
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 /.,2
day of 199 .
My 'Commission. Expires :
LIBER 1387PAGE730
,` . A part of the SE} of the S47} of Section 1 ^„ T-16-N, R-30-W .described as beginning
at a point which is North 526 . 04 feet and West 359 3/4 feet from the SE Corner
cf said 4.0 acre tract ; thence West 153 3/8 feel ; thence; South 322 . 33 feet to the
Northerly Fight-of-Way of U . S . Highway No . 62 ; thence. along said Right-of-Way to
a point cue South of tt,e point of beginning ; thence North to the point of beginnip.
LIBER1387PAGE 731
1, Alm Kollmayer, Circuit dark and
&officio roccrdor for Washington County,
Arkansas, ca horeby certify that this In-
xrumcnt was f::cd for record in my office
as ine:iected hereon and the same is now
duly rocorded with the acknowledgement
and cen:'icato thereon in Record Book and
Page as indicated thereon. I, Alma Kollmeyer, Circuit Clerk and
IN WIT?f?SS WHZREOF, I have hereunto Ex-officio Recorder foCWashingtfy on
this in-
Court
set my hand and affixed the seal of sold Arkansas, do hereby
e
on the dale indicated hereon.
sirument was filed for record in c„ office
10-4
Alma Kollmayer as indicated hereon and the same rs ''1°nt
Circuit Clark and duly recorded with the acknowledge
Ex-officio Recorder and certificate thereon in Record iBook and
page as indicated thereon. I have hereunto
IN WITNESS wffE"EOF,
333111���
,of my hand and ztiixed the seal of said
Court on the date indicated hereon.
Alma Kollmeyer
Circuit Clerk and
E,officio Recorder
by
ORDINANCE N0. 3509
AN ORDINANCE REZON- STATE Of ARKANSAS 1
ING THAT PROPERTY
PDE5CRIB ED IN 'REZON-
I NG PETITION R90.24 LO= County Of Washington
LATE D AT IBOO W EST 6TH. 1
BE IT ORDAINED BY
. THE BOARD OF DIREC-
TORS OF THE CITY OF I ] hereby certify that I
FAY E T T E V I L L E „ am the publisher o
THE NORTHWEST A {ANSAS TIMES, a daily newspaper
ARKANSAS: hal ss mailing privilege, and being not less than four pages ofSection 1. That the zonal
classification of the follow-� five columns each, published at a fixed place of business and at a fixed (daily)
Ing described property :isherintervals continuously in the City of Fayetteville, County of Washington, Arkansas
Ing d Changed as petty :
R90.24 for a portion of the) for more than a period of twelve months, circulated and distributed from an
real property that Iles south. place of readers
Ihat runsi
mrectt dividing
lean line fromtine nor-( inestablished
theiCit dand Countyiness to fora definite subscribersa for copy,
of all classes
City y p py, or a fixed price per
thern right-of-way line of they annum, which price was fixed at what Is considered the value of the publication,
existing Kaywood Lane as
described in
Exhibit
xh eitmede-1 based upon the news valueand service value It contains, that at least fifty percent
of the subscribers thereto have paid cash for their subscriptions to the newspaper
part hereof. g g period o1 at least six
From R. Medium Densi- Or its agents or through recognized news dealers over a
ty Residential District to C- months; and that the said newspaper publishes an average of more than forty
2. Thoroughfare commer percent news matter.
iC'a' District.
Section a That the official
zoning map of the City of I further certify that the legal notice hereto attached in the matter of
i Fayetteville, Arkansas, is l
I hereby amended to reflect.)
the zoning change provided 1A' �� . rD
in section 1 above. �l A/ 1 „A , Q (�P.¢J
PASSED AND
QAPPROV-
ED 18Th day Of
September, 1990.
'
was published in the regular daily issue of said newspaper for
APPROVED: . consecutive insertions as follows: 1!�
By: William V. Martin
� !1
ATTEST: Mayor The first insertion on the day of 19 -r
By: Sherry L. Thomas
City Clark
Exhibit "A'.' the second Insertion on the day of 19
LEGAL DESCRIPTION
• FOR R90-24
A part of The SEW Of the the third Insertion on the -- day of 19
SWi/A at Section 17, T-16-N,
R-30-W described as beginn.
Ing at a point which is North and the fourth insertion on the da If 19
526.04 feet and West 359 3A
feet from the SE Corner of .
said 40 acre tract; thence
West 153 3/9 feet; thence
South 322.33 feet to the Nor- Sworn to and subscribed before me on this �34 day of
therly Right-of-Way of U.S.
Highway No. 62; thence
along sold Rlgnvof-Way to a
point due South of the point
of beginning; thence North
to the point of beginning
N4jr Public
My Commission Expires:
Fees tot, Printing S69 , 17
Cost of Proof —_ 5
Total S 9 , / 7
OCT 2 ! IR13
FINANCE DEPT,