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HomeMy WebLinkAboutOrdinance 3542 FILED FCp P, ECORD " OI9I APR 25 PIS y ORDINANCE NO , 3542 1 WASHih; ,,n IOM CO �' AR AN ORDINANCE REZONING THAT PROPERTY DESCRIB �jYER �j IN REZONING PETITION R91 - 5 FOR A PARCEL ��ll T c LOCATED SOUTH OF HIGHWAY 112 AND NORTHWEST OF p J� � +O THE HIGHWAY 71 BYPASS CONTAINING APPROXIMATELY jY1�i� 2 . 66 ACRES , 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 : R91 - 5 , the real property described as Parcels 1 , 2 , and 3 in Exhibit A attached hereto and made a part hereof . For Parcel 1 , as more fully described in Exhibit A ; a downzone from C- 2 , Thoroughfare Commercial District to A- 1 , Agricultural District . For Parcel 2 , as more fully described in Exhibit A ; from C- 2 , Thoroughfare Commercial District to I-1 , Light Industrial -Heavy Commercial District , For Parcel 3 , as more fully described in Exhibit A ; from A- 1 , Agricultural District to I - 1 , Light Industrial -Heavy 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 . Section 3 . That the 1985 Bill of Assurance be revoked and the same hereby is replaced with the executed Bill of Assurance by the Bank of Fayetteville , a copy of which is attached hereto and made a part hereof . PASSED AND APPROVED this 16th day Of April 1991 . APPROVE'D : By . Mayor y +ATTEST•:*. , ; �y OW az�ity C erk ' 41 Lim 1411PAGE796 Exhibit "A" LEGAL DESCRIPTION FOR R91-5 Parcel 1 : Part of the NEk , SWk and part of the NWk , SEk of Section 28 , T17N , R30W in Washington County , Arkansas and being described as follows : Commencing at the N . W . Corner of said NEk , Sw'k thence S 89035136 " E 941 . 81 feet , thence S 1 ` 45119 " E 460 . 28 feet , thence N 89042 ' 25 " E 100 . 00 feet to the point of beginning ; thence N 89042125 " E 100 . 00 feet , thence South 162 . 31 feet , thence East 203 . 75 feet , thence S 3050136 " E 65 . 00 feet , thence N 89028128 " W 308 . 17 feet , thence North 223 . 87 feet to the point of beginning ; containing 0 . 83 acres . Parcel 2 : Beginning N 89042125 " E 100 . 00 feet from Parcel No . 1 point of begining thence N 89042125 " E 192 . 78 feet , thence S 3 ` 50136 " E 163 . 66 feet , thence West 203 . 75 feet , thence North 162 . 31 feet to the point of begining ; containing 0 . 74 acres . Parcel 3 : Beginning N 89 ° 42125 " E 80 . 00 feet from Parcel No . 2 point of beginning thence North 240 . 00 feet , thence East 200 . 00 feet , thence South 238 . 98 feet , thence S 89 ` 42125 " W 200 . 00 feet to the point of beginning ; containing 1 . 09 acres . LIM4411PACE797 1, Alma Kollmeyer, Circuit Clark and &-officlo Cxorder for Washington County, Arkonsas, eo horeby certify Choi this in. Ca,mcnt v.as '.'ed for mc.->rd in my office as ineiccled hereon and the some Is now duly roto; led with the acknowledgement and cer,:::coe thereon in Record Book and Parge as indicated thereon. IN WITNEiS W'ri=:CCF, 1 have hereunto set my hand and affixed the seal of said CERIMCATE OF RECORD Court on !::e Cote indicated hereon. State Of Arkansas Alma Ko!!meyer City Of Fayetteville SS areae nark and I, Sberry Thomas, CIty Clerk and Ex- &-officio Recorder Officio recorder for the City of a�4� Fayetteville, do hereby certify that the by �L7 annexedor io heinsamef record in my appearsoffice in Ordinance & Resolution book xxy at ^qge 33 .0 1 Witness my hand and l m� G ay of C ty Clerk a E:-Officio Recorder Exhibit "A" LEGAL DESCRIPTION FOR R91- 5 Parcel 1 : Part of the NE'k . SW'k and part of the NW's , SE'k of Section 28 , T17N , R30W in Washington County , Arkansas and being described as follows : Commencing at the N . W . Corner of said NE's , Swk thence S 89 ` 35136 " E 941 . 81 feet , thence S 1 ` 45119 " E 460 . 28 feet , thence N 89042 ' 25 " E 100 . 00 feet to the point of beginning ; thence N 89042125 " E 100 . 00 feet , thence South 162 . 31 feet , thence East 203 . 75 feet , thence S 3 ` 50 ' 36 " E 65 . 00 feet , thence N 89 ' 28128 " W 308 . 17 feet , thence North 223 . 87 feet to the point of beginning ; containing 0 . 83 acres . Parcel 2 : Beginning N 89 ` 42125 " E 100 . 00 feet from Parcel No . 1 point of begining thence N 89942125 " E 192 . 78 feet , thence S 3 ` 50136 " E 163 . 66 feet , thence West 203 . 75 feet , thence North 162 . 31 feet to the point of begining ; containing 0 . 74 acres . Parcel 3 : Beginning N 89042125 " E 80 . 00 feet from Parcel No . 2 point of beginning thence North 240 . 00 feet , thence East 200 . 00 feet , thence South 238 . 98 feet , thence S 89042125 " W 200 . 00 feet to the point of beginning ; containing 1 . 09 acres . BILL OF ASSURANCE OF BANK OF FAYETTEVILLE , N . A This Declaration of a Bill of Assurance made this 28th day of February , 1991 , by the Bank of Fayetteville , N . A . , owners of record of the following described real estate located in the City of Fayetteville , Washington County , Arkansas , and more particularly described as follows , to-wit : ( as attached ) WHEREAS , the aforesaid owners of the real property described above have secured the approval of the Fayetteville Board of Directors to amend the Fayetteville Zoning Map to rezone the above described property from District C- 2 , Thoroughfare Commercial to District I - 1 , Light Industrial ; and WHEREAS , the owners have promised and agreed to subject the development of said real estate pursuant to certain covenants and restrictions pertaining to the same ; and 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 heirs , successors and assigns and the aforedescribed real estate and its subsequent owners with the obligation and restrictions hereinafter set forth for all present and future development and the use of the 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 . The use of the property shall be restricted to processing and wholesaling of health products and to a restaurant or eating establishment serving food and alcoholic beverages for on-premise consumption . No other use shall be permitted without the express approval of the Fayetteville Board of Directors . II . Any restaurant or eating establishment has already and will remain located East or South of the existing barn . III . The vegatative barrier on the West property lines , bordering all neighbors , to be preserved and evergreen trees to be added in area North and West of the parking lot to obscure the view of commercial buildings from neighbors . WITNESS our hands this 4#r day of February , 1991 , BAN OF FAYETTMLLE , N . A . ORDINANCE NO. 3542 ( AN ORDINANCE REZON I'NG THAT PROPERTYI DESCRt8E& -I t4, REZON- { ING PETITION R41-5 FOR STATE Of ARKANSAS A PARCEL LOCATED as. ISOUTH OF HIGHWAY 112 fAND NORTHWEST OF County Of Washington THE HIGHWAY 71 BYPASS CONTAftIING APPROXI i MAT E CY'V66 ACRES. BE IT 46RDAINED BY I it hereby certify that I THE BOARD of Dam the publlshe fTHENORTHWESTA CANSASTIMES, adaily newspaper TORS OF THE CITYY OOF ' F F A Y E T T E V I L L E having a second class mailing privilege, khd being not less than four pages Of ARKANSAS: BE IT , ORDAINED BY five columns each, published at a fixed place of business and at a fixed (dally) THE BOARD OF DIREC- intervals continuously in the City of Fayetteville, County of Washington, Arkansas TORS OF+ THE CITY OF for more than ariod of twelve months, circulated and distributed from an ' FAYETTE V I LLE , Pe ARKANSAS: established place of business to subscribers and readers generally of all classes Section 1. That the zone in the City and County for a definite price for each copy, or a fixed price per - classification of the follow Ing described property is '. annum, which price was fixed at what Is considered the value of the publication, hereby changed as follows: based upon the news value and service value it contains, that at least fifty percent R91-5, the real property of the subscribers thereto have paid cash for their subscriptions to the newspaper described as Parcels 1, 2, and 3 in Exhibit.A attached or Its agents or through recognized news dealers over a period of at least six 1 hereto and made -a part months; and that the said newspaper publishes an average of more than forty I hereof. ' For Parcel 1, as more fully I percent news matter. described In Exhibit A; a odownzone.ughfar from c-2,, Thor- 1 f further certify that the legal notice hereto attached in the matter of oughct to Com mertual ' Y g District to A-L. Agricultural ' District. For Parcel 2, more fully ili/UM,M, described in Exhibit A; from C-2, 1-1,Thoroughfare C Light d - District to I- Light In- dustrial-Heavy Commercial was published In the regular daily Issue of said newspaper for � District. consecutive insertions as follows: For Parcel 3, as more fully described in Exhibit A; from /] / A-1,' Agricultural District tot The first insertion on the �� day of 19 L- 1-1, Light Industrial-Heavy 00 Commercial District. Section 2. That the official the second insertion on the day of 19 zoning . map of the City Of , Fayetteville, Arkansas, isl hereby amended to reflect the third insertion on the day of 19 the zoning change provided in Section t above. and the fourth insertion on the _ d 19 Section 3. That thea 19851 Bill of he same is and the same hereby is _ ' ill of with the executed( BIII of Assurance by the Bank of Fayetteville, a copyt Sworn to and subscribed before me on this day of of which is attached hereto ' and made a part hereof. PASSED AND APPROV- ED this 26th day of April, , 1991. APPROVED: , _ BY : Fred S. Vorasnger Mayor N ry Publi ATTEST: t By : Sherry L. Thomas I My Commission Expires: City Clerk Exhibit "A" n _ _ 9 FOR R91 / LEGA I PTION `� FOR R91-5 - Parcel 1 : Part of the NEVA, SW1/4 � and part of the NWIA, SEI/. of Section 28, TUN, R30W In Washington County, Arkan- sas and being described as Fees for Printing _ S CD d follows: Commencing at the N.W. Corner of said NEIA, SW'A thence S 89°35'36" E Cost of Proof _. $ 941.81 feet, thence S 1045'19" E 460.28 feet, thence N / 89°42'25" E 100.00 feet to the Total -S - 49 , point of beginning; thence N 89042'25" E 100.00 feet, thence South 162.31 feet, thence East 203.75 feet, thence S 3050'36" E 65.00 feet, thence N 89028'28" W 308.17 feet, thence North 223.87 feet to the point of beginning; containing 0.83 acres. Parcel 2: Parcel 3: Beginning N 89042'25" E Beginning N 89042'25" E 100.00 feet from Parcel No. 1 80.00 feet from Parcel No. 2 point of beginning thence N point of beginning thence 89°42'25" E 192.78 feet, North 240.00 feet, thence thence S 3°50'36" E 163.66 East 200.00 feet, thence feet, thence West 203.75 feet, South 238.98 feet, thence S thence North 162,31 feet to 89042'25" W 200.00 feet to the the point of beginning; con- point of beginning; contain- talning 0.74 acres. ing 1.09 acres. c .