HomeMy WebLinkAboutOrdinance 3510 FILED FOR A, ECORD
A' a
90 OCT 4 an g 30
WASNING71N CO AR
A. KOLLMEYER
M1 1CROFILMED
ORDINANCE NO . zsin
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION R90 - 26 LOCATED AT 609
SOUTH LEWIS .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section I . That the zone classification of the following
described property is hereby changed as follows :
R90 - 26 for the real property 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 :
�ti T Mayor
i
ATTEST :
2 �>Cax
City C rk
IIBEB 1387PAGE 715
Exhibit "A"
LEGAL DESCRIPTION FOR R90 - 26
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 436 . 9 feet and
West 53 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 .
EIBE1IJO7Ptit5E 16
CERTIFICATE OF RECORD
5�sitp of Arkansas ( SS
Ori of Fayetteville
LF: Sherry Thomas, City Clerk and Ex-
C ficio recorder for the City of
Fayetteville, do hereby certify that the
annexed or foregoing is of record in my
office and the same appears m
Ordinance & Resolution book XX ✓ at
page 3 a 7 Witness my ba`n. - '—and
seal It NVday of
1910
Cify Clerk-a Ex-OM.lo L.v e3er
R�
I, Alma Kollmeyer, Circuit Clerk and
1, Alma Kollmeyer, Circuit Clerk and Ex-officio Recorder for W.shirg•on County.
Ex-officio I:accrder for Washington County, Arkansas, do hcrcby c.,r:ify Thai .hi; in-
Arkan=s, e3 hereby certify that this in- strumanT was filed for reco d in r. .,,fico
strurttant was '.:ad for record in my office as indicated hereon and The sam, is mw
as indicated hereon and the same is now duly recorded with The acknowlodo-hent
duly recorded with Vie acknowledgement and certificate Thercon n .record Book and
and can;Ficoto thereon in Record Book and Page as indicated Thereon.
Page as indicated thereon. IN WITNESS WHEREOF, I have hereunto
IN WITNESS WHERECF, I have hereunto set my h:nd and cfrixed The :cal of said
set my hand and affixed the 3001 of said Court on the date indicated hereon.
Court on the date indicated hereon.
Alma Koamcycr
Almo Kollmeyer Circcit Clcr:; and
Circuit Clerk and Ex-officio Recorder
&-officio f:ecordor A �
by as; by
MAq0
BILL OF ASSURANCE � ' •Y�+ �
This declaration of a Bill of Assurance made this v
day of _���� 19gC) , 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
Loo
n
n _n
�v WHEREAS , the owners have promised and agreed to subject o ez G
v
r� c '�
development of said real estate pursuant to certain covenants End, o
restrictions pertaining to same ; andr'`„ C� m
� o � n
n o
� w �
WHEREAS , the owners are desirous of making a declaration of o 0
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
ana 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
B 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 1307 PAGE 732
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 / 3 day of S c P T • ,
1910 .
ACKNOWLEDGEMENT
CYlLANomA-
STATE OF *RK*N&&S )
TV'-SA ) SS :
COUNTY OF MASitI•NOTON )
BE IT REMEMBERED that on this day came before the undersigned ,
a Notary Public , duly qualified , commissioned and acting within and
for the aforesaid County and State , 4i « 1E S. SLJAy / ,
•t-k
to me well known , who acknowledged that Afhad executed the
foregoing Bill of Assurance for the consideration and purposes
therein mentioned and set forth .
WITNE my hapd and seal as such Notary Public this / 3z;
day of , 19 90 .
` • VAS / �f'`;-
Tn
pUQL ' C i J/
v
'A
M# SCbmmipsion Expires :
A%V*
IIBER 1J0 I PRGE 1 �J
2 . P. part of the SEt of the SWt of Section 17, T-16-N, R-30-W described as beginning
at a point which is North 436 . 9 feet and West 53 . 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 said Right-of-Way
to a point due South of the point of beginning ; thence Forth to the point
of beginning ,
LIBER 1`'87PAGE734
1, Alma Kollmeyer, Circuit Clerk and
Ex-officlo Ccccrder for Washington County,
Arkansas, c'o hereby certify that this in-
strumcotwas Cad for record in my office
os inciccted hereon and the some is now
duly recorded wish the acknowledgement
and ceri:icato thereon in Record Book and
Page as indicated thereon.
IN Y'fTK= S WHEREOF, I have hereunto
set my hand and affixed the seal of said I, Alma Kollmeyer, Circuit Clerk and
Court on C:e c:�te indicated hereon, Ex-officio Recorder for Vleshington County,
Alma Ko':meyer 'Arkansas, do hereby certify that this in-
Circuit Clerk and sirument was bled for record in — ,
free
Fx-Officio Gocordor as indicated hereon and the same is now
duly recorded with the n accord
meat
�V•4A• and certificate thereon in rd Book and
Page as indicated thereon.
IN WITNESS WHEREOF, I have hereunto
,at my hand and affixed the seal of said
Court on the date indicated hereon.
Alma Kolimeyer
Circuit Clerk and
Ex-officio Re- cord^,
by JJ�)`5:'
STATE of ARKANSAS
ae.
County of /,
_ I, � �` 1,II"0 -�+� �- hereby certify that
ORDINANCENO. 2510 i am the publisher THE NORTHWEST A KANSAS TIMES, a dally newspaper
AN ORDINANCE REZON-, having a second class mailing privilege, and being not less than four pages of
ING , THAT PROPERTY
DESCRIBED IN REZON-1 five columns each, published at a fixed place of business and at a fixed (dally)
ING PETt4!ION R90.26 LO- 1 intervals continuously In the City of Fayetteville, County of Washington, Arkansas
GATED AT 609 SOUTH for more than a period of twelve months, circulated and distributed from an
LEWIS. 1
BE ., IT ORDAINED By , established place of business to subscribers and readers generally of all classes
THE BOARD„OF ITY OF , in the CI and Count for a definite rice for each co p per
TORS OF THE CITY OF City Y P copy. Or a flied ride [
F A Y. E T T E V I L L E . annum, which price was fixed at what Is considered the value of the publication,
1
' ARKANSAS: based upon the news value and service value It contains, that at least fifty percent
section 1. That the zone
I classification of the follow- 1 of the subscribers thereto have paid cash for their subscriptions to the newspaper
Ing described Property Is , or Its agents or through recognized news dealers over a period of at least six
fierebY changed as real rope 1 months; and that the sald newspaper publishes an average of more than forty
R90.26 described.
r,i real groper- 1 ,
” attache Exhibit , percent news Matter.
••A" „attached hereto and ,
made a pert hereof.
From R-2, Medium Dens]- 1 I further certify that the legal notice hereto attached in the matter Of
ity Residential District toC- 1
12, Thoroughfare Commer-
cial District. Q� J' C / O
Section 2. That the Official
e
11VVii��L�--'/��nn.,. _ ! J ,
zoning map of the City of
Fayetteville, Arkansas, is /
hereby amended to reflect was published in the regular dally issue of said newspaper for
I the zoning change provided consecutive Insertions as follows:
In Section 1 above.
PASSED AND APPROV-
ED this 111th day of , The first Insertion on the 1 day of 19
September, 1990.;.
APPROVED:
By : William V. Martin the second Insertion on the day Of 19
Mayor
ATTEST :
By: Sherry L. Thomas the third insertion on the day of 19
City Clerk
1 Exhibit "A"
LEGAL DESCRIPTION and the fourth Insertion On theday 19
FOR R90-26
A pert of the SEVI Of the
sW'/4 of section 17, T-16-N,
R-301W described as;beginn.
Ing at a point which Is North Sworn to and subscribed before me On iS r /t,Lf day Of
436.9 feet and West S2 feet
from the acre
Corner M said
fr acre ira E Corner Wast 76 lX,
11/16 feet; thence. South to
the Northerly Right-of-Way
-of
U.S. Hlghwey No. 62;
Mance along sold Right-of
Way to a polof due South of N to y Public
the point of .beginning%
thence North to the
point of
beginning. My Commission Expires:
Fees for Printing _ S V5 . a-9
Cost of Proof . S
'rota) _ S
t, d ..
OCT 261 .
FINANCE DEPT,