HomeMy WebLinkAboutOrdinance 3511 F! LED
" RECORD
090 OCT 4 An 8 30
YJAS !! INb , uN CO AR
A . KOLLMEYER
ORDINANCE NO . 3511
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION R90 - 27 LOCATED ON THE
WEST SIDE OF LEWIS , NORTH OF 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 - 27 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 1R+-h day of Septeu�. 1990 .
APPROVED :
By :
Mayor
AT
7~
Ay :
City . 0 rc
r�4re4i.a ,
LIBER 1387PAGE713
Exhibit "A"
LEGAL DESCRIPTION FOR R90 - 27
A part of the SE4' of the SW ,' 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
North 89 . 14 feet ; thence' ¢ West 76 11 / 16 - feet ; thence South 89 . 14
feet ; thence East -76 11 / 16 ' feet `td the point of beginning .
MIR 1387PAGE714
CERTIFICATE OF RECORD
State of Arknsas ( SS
IOCiSof FayetevWe
rand
City Exit,for the City
Fayetteville, do hereby certify that tl:ii
annexed or oregoing is of record in r
office and the same appears i
Ordinance & Resolution book
page 3o49 Witness my anv _ 1,
1, Alma Kollmeyer, Circuit Clerk and
Ex-officio Recorder for Wwhinglon County,
Arkansas, do hereby ceriiiy ;hoc dris in-
strument was filed for re .0, d :,i _.. o Lire
as indicated hereon anC ;;c s-i n onw
duly recorded wif;, the
1, Alma Kollmeyer, Circuit Clark and and certificate thereon ,G ,.: - r 'nr
rord "neo;; and
Ex-officio f:xcrder for Wn;hington Courtly, Page as indicated Ihorcon
Arkansas, do hereby corny that this In- IN WITNESS wp, ;r&- I he
Crument was f::od for record in my offlcst a hereunto
set my hand and affixed lipa seal of said
as indicated hereon and the some is now Court on the date indicated hereon,
duly recorded w:;h tSe acknowledgement
and cer!:.icata thereon in Record Book and Alma Kollmeyer
Page as Indicated thereon. Circuit Clerk and
IN WITNESS Wf:EREOF, I have hereunto EX-Officio RRecorder
set my hand and affixed the soil of sold by t 11
Court on the dote indicated hereon. �J
Alma Kol:.neyer
Circuit Clerk and
Ex-officio Recordor
by �A
BILL OF ASSURANCE
This declaration of a Bill of Assurance made this CM1
day of 193L , 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 - 21 Lo
\ o
lw! Thoroughfare Commercial ; and
� m
7C = Q
O 7_
WHEREAS , the owners have promised and agreed to subjectrrt�fe
\ 3 c
V o
development of said real estate pursuant to certain covenants3 m
M
m n
::0 o co o
restrictions pertaining to same ; and n s'
C;
0
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
LIBER 1387PAGE735
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 CLS49E , ,
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 , co tmt Venetarn3 acti g�`Gn and
for the aforesaid Count and State , " °j"i , ,
County A
to me well known , who acknowledged hat 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 /Z
day of tom , 19g .
_�^
My C6mrtLi�Rp,4A0A Expires :
2 - I - 93
118E81387PAGE736
R � � - a7
1 . X, part of the SE} of. the SW}. 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 North 89 . 14 feet; thence West 76 11 %16 feet ; thence
Scuth 89 . 14 feet ; thence Fast: 76 . 11 %16 feet. to the point of beginning .
uua 1387PAGE 73
1, Almo Kollmeyer, Ctmull clerk and
Ex-officio Cscc:der for Washington County,
Arkansas, da hereby certify that this in-
sirumcnt vas Cad for retard in my office
M indicated hereon and the same Is now
duly racorded Wilt the acknowledgement 1, Alma Kollmayer, Circuit Clerk and
and eerl::icato thereon in Record Book and Ex-officio Recorder for Washington County,
Pope as Indicated thereon. Arkansas, do hereby certify that this in-
IN yu".:::='S WHMOF, I have hereunl0strument was filed for record hr my office
set my hand and affixed the seal of said as indicated hereon and the same is now
Court on the date indicated hereon duly recorded with the acknowlec_ ent
and certificate thereon r-card BOOK and
Alma Kolimeyar Page as indicated 16-reon.
Circuit Clerk and IN WITNESS WHC,Eo (, 1 +, 'icrcunto
Exoffi 'o Recorder "set my hand and affixed ISa s. .i said
by Court on the d_tc indicated
Alma Koilmcyer
Circuit Clerk and
Ex-officio Recorder
by
STATE of ARKANSAS 1
JF e..
County of Washington
ORDINANCE Noun I• hereby certify that I
AN ORDINANCE REZON am the publishero ENORTHWEST ARI NSASTIMES, a dally newspaper
ING THAT.r•P,ROPERTVI having a second class mailing privilege, an being not less than four pages of
ING PETITION
NR90-2 iLO- five Columns each, published at a fixed place of business and at a fixed (daily)
ING PETITION R9U27 LO=
CATED. AN gT,HE+yWEST� Intervals mnttnuously, in the City of Fayetteville, County of Washington, Arkansas
SF.WEST'2LE,W15; NORTH for more than a period of twelve months, circulated and distributed from an
O B W EST 6TH.
BE IT ORDAINED BV'1 established place of businessto subscribers and readers generally of all classes
"THE BOARD OF DIREC- In the City and County for a definite price for each copy, or a fixed price per
i TORS OF THEannum, which price was fixed at what Is considered the value of the publication,
' AV E T T E V L I L L E ,
E ,
FARKANSAS: I based upon the news valueand service value It contains, that at least fifty percent
Section 1. That the zone of the subscribers thereto have paid cash for their subscriptions to the newspaper
cIasa"'cation` of- -ihe�folIoW+
Ino descrlliM Vroperty iii' or Its agents or through recognized news dealers over a period of at least six
hereby changed as fonows: months; and that the said newspaper publishes an average of more than forty
R90-27 for the real proper-
ty as described in Exhibit percent news matter.
"A" attached hereto and
i ade'Fro partn Medium
I further certifythat the legal notice hereto attached In the matter of
i 'From art Medium Densi- g
jty Residential eDistrict to C-
2, ThorouphfareII `coimmer-
clal District'
?• ' '
• Section 2. That the off lelel
oning map Of the City of
Fayetteville;-;Arkanms, Is /
hereby emended,.to reflect , was published In the regular dally issue of said newspaper for
i the zoning change provided consecutive insertions as follows:
• In Section (above. p /� n
PASSED. AND APPY OV- � (.yi y //, y- /J- - '9 /1 —
IED this lath da of The first insertion on the tn � da of 1L�13'6dd! 19 Z(L
I September, 1990. ;,
• APPROVED: i
I BY: William V. Martin, the second Insertion on the day of 19
Mayon
ATTEST:
BY: SherrYL_ . Thomas the third Insertion on the day of 19
' Cny Cleik
Eamblt "A" and the fourth insertion on the —,:da: 19
LEGAL DESCRIPTION
• FOR 890.27
I APart,,of .the SETA of the
SWI/. of Section 17, T-16-N, '
R-30-W,described as beginn-
ing at a point which la North FAworn to and subscribed before me day of
416.9 feet and West A feet
from the SE -Corner of said /1 n
40 acre tract; thence North 9 y
99.16 feat; thence West .76
11/16. feet; .thence South
' 89.16 feet; thence East 76 , .-
11/16 feetto the point of . ar Public
beginning. y
My Commission Expires:
Fees for Printing — S
(lost of Proof —. S
'rota) S
J
Y L
OCT 26 14M
FINANCE DEPT,