HomeMy WebLinkAboutOrdinance 3758 FILED FCR RECORD
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ORDINANCE NO. 3758 m 3 m
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AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION R93-35 FOR A PARCEL �o
CONTAINING APPROXIMATELY 5 .30 ACRES LOCATED ON
THE NORTH SIDE OF WEDINGTON , WEST OF SHILOH
REQUESTED BY RICK OSBORNE ON BEHALF OF CHERYL
MILLER & GENEVA McFARLAND.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section 1 . That the zone classification of the following described property is hereby
changed as follows:
R93-35 for the real property 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 I above.
PASSED AND APPROVED this 18th day of Ianuary 1994 .
APPROVED : 1
e •
By :
red ^Hanna, Mayor
04fi
ATTEST:
By : AAA,, �A _
�,,,,,.r Thomas, City Clerk - ^
`�` ; " • Re -recorded due to Bill of Assurance .
:.YtiY>„irk 94014400
1
C:;'RTIFICATE OF CC3[tli
State of Arkansas
Cit of ?ayetieviaae S3
O clo Thom,, City Clerk and Ex_
t)fPicao recorder for the City of
nyetteviite, do hereby certify that tha
annexed or for ;e+in^ is r
office and of record I : ,•�
(irdlnance c?c ►:e sxrte sr +tsars ah
i?sYe can?fsYior� bt: h
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se t! e� "Cri^it and
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Exhibit "A "
LEGAL DESCRIPTION FOR R93-35
A part of the Southeast Quarter of the Northwest Quarter of Section 7, Township
16 North, Range 30 West, more particularly described as beginning at a point S
0008 '38 " W 590.01 feet from the Northwest Corner of said 40-acre tract; thence
S 89039137" E 350.00 feet; thence S 00"08'38 " W 660.00 feet to the North right-
of-way of Arkansas Highway No. 16; thence along said right-of-way N 89039'37 "
W 350.00 feet; thence leaving said right-of-way N 00"08'38" E 660.00 feet to the
point of beginning, containing 5 . 30 acres, more or less, Washington County,
Arkansas.
94014431
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I hour hcrount:
. .t my hccd cnd .Jizzd Iho s.icl of wit'
C^urt on tho r:"to h,.:icatcd lKxom
f2ma ICo::-=ycr
t:!rcuit CIC.'. and
- •officlo Pxs_'ar
by
BILL OF ASSURANCE
This declaration of a Bill of Assurance is made this 19th
day of January , 1994 , by the undersigned Owners of the
following described real property located in the City of
Fayetteville , Washington County , Arkansas , and more
particularly described as follows , to-wit :
A part of the SE 1/ 4 of the NW 1/ 4 of Section 7 , T-
16 -N , R- 30-W , more particularly described as
beginning at a point S 00 - 08 - 38 W 590 . 01 feet from
the Northwest corner of said 40 -acre tract ;
Thence S 89 - 39 - 37 E 350 . 00 feet ;
Thence S 00 - 08 - 38 W 660 . 00 feet to the
North Right-of-Way of Arkansas Highway No . 16 ;
Thence along said Right-of-Way N 89 - 39 -37 W
350 . 00 feet ;
Thence leaving said Right-of-Way N 00 -08 - 38 E
660 . 00 feet to the point of beginning , containing
5 . 30 acres , more or less , Washington County ,
Arkansas ,
WHEREAS , Owners of the real property described above have
secured the approval of the Fayetteville City Council to amend
the Fayetteville zoning map and rezone the above described
property from R-2 , Medium Density Residential District to C-2 ,
Thoroughfare Commercial District ; and
WHEREAS , Owners have promised and agreed to subject the
development of said real property to certain covenants and
restrictions ; and
WHEREAS , Owners are desirous of executing 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 , heirs , and assigns , and to
9401443;
restrict the use of the herein described real property as set
forth herein ,
NOW THEREFORE , Owners declare the above described real
property shall be held , developed , transferred , sold ,
conveyed , and occupied subject to the following covenants and
restrictions , to-wit :
( a ) The real property shall not be used for sales of
mobile homes .
( b ) The real property shall not be used to operate a
self-service storage facility .
( c ) The real property shall not be used as a drag strip
for racing cars .
These restrictions shall run with the real property
described herein until Owners or their successors in title ,
and the City of Fayetteville , Washington County , Arkansas ,
agree to cancel , waive , and set aside said restrictions and
covenants , which agreement shall be reduced to a written
document to be filed in the Office of the Circuit Clerk and
Ex-Officio Recorder of Washington County , Arkansas .
WITNESS our signatures :
OWNERS :
DENNIS ALAN EDGIN MARY EDGIN , S use of 164nnis
Alan Edgin
TAWANA HILLIAN LARRY HILLIAN , Spouse of
Tawana Hillian
DIALkEg HILL MAURY jfXLL , Spouse of
Dalee Hill
Page 2
94014433
GENEVA McFARLAND IVAN McFARLAN , ZSpouse of v
Geneva McFarland
BILLY bALE THOMAS MARY T OMAS , Spouse of
PePe/46
Billy Dale Thomas
PAU K . HO S S ' nrson
RYL TOMAS MILLER ,
A Single Person
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss .
COUNTY OF WASHINGTON )
On this the 3 /-4* day of January , 1994 , before me the
undersigned office , personally appeared •Dennis Alan Edgin and
Mary Edgin , known to me to be the persons whose names are
subscribed to the within instrument and acknowledged that they
executed the same for the purposes therein contained .
IN WITNESS WHEREOF , I hereunto set my hand and official
seal this 311�1 day of January , 1994 .
2& . &!
Notary Public
My Commission Expires :
awk Ka
'ku
1100
Page 3
54014434
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss .
COUNTY OF WASHINGTON )
On this the � day of January , 1994 , before me the
undersigned office , personally appeared Tawana Hillian and
Larry Hillian , known to me to be the persons whose names are
subscribed to the within instrument and acknowledged that they
executed the same for the purposes therein contained .
IN WITNESS WHEREOF , I hereunto set my hand and official
seal this .sI ✓ day of January , 199
OFFUL
ICIAL SEAL
BRENCgILA�ppBEEN
- ARKANSAS
WASHINGTON COUNTY
Nota
My Commission Expires :
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss .
COUNTY OF WASHINGTON )
On this the day of January , 1994 , before me the
undersigned office , personally appeared Daleen Hill and Maury
Hill , known to me to be the persons whose names are subscribed
to the within instrument and acknowledged that they executed
the same for the purposes therein contained .
IN WITNESS WHEREOF , I hereunto set my hand and official
seal this 3 ( day of January , 1994 2L
Notary Public
a��7 es :
OFFICIAL SEAL
ByyR-Ep�NggDA BEEN
WASNIMF40N TN7
My Commission E Tres 02-14-00
Page 4
940144925
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss .
COUNTY OF WASHINGTON )
On this the 30 day of January , 1994 , before me the
undersigned office , personally appeared • Geneva McFarland and
Ivan McFarland , known to me to be the persons whose names are
subscribed to the within instrument and acknowledged that they
executed the same for the purposes therein contained .
IN WITNESS WHEREOF , I hereunto set my hand and official
seal this 30 day of January , 1994 ,
20"
Notary Public
M4j Coj c res :
OFFICIAL SEAL
BRENDA BEEN
} WASHINGTON COUNTY
1 My Commission Expires 02.14-M
ACKNOWLEDGMENT
STATE OF T�4-:5" )
ss .
rGOUNTY—OF 51472- id6 )
On this the '7/ day of January , 1994 , before me the
undersigned office , personally appeared Billy Dale Thomas and
✓ Mary Thomas , known to me to be the persons whose names are
subscribed to the within instrument and acknowledged that they
executed the same for the purposes therein contained .
IN WITNESS WHEREOF , I hereunto set my hand and official
seal this 3/ day of January , 1994 .
Notary Public
My Commission Expires :
- a1 _ r/ S
,.•}� ORIA V�e.�, �
FQ�p.RY Pu�li .9
Page 5
' , 9f's 94014416
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss .
COUNTY OF WASHINGTON )
On this the 45- 6-- day of January , 1994 , before , m����t��h� ��
undersigned office , personally appeared Paula K . Thomas Knodin P
to me to be the persons whose names are subscribed to the
within instrument and acknowledged that they executed the same
for the purposes therein contained ,
IN WITNESS WHEREOF , I hereunto set my hand and official
seal this ( day of January , 1994 ,
". Notary Public
C 74Y i oOMV sion Expires :
41 t
Ole
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss ,
COUNTY OF WASHINGTON )
On this the 3O day of January , 1994 , before me the
undersigned office , personally appeared Cheryl Thomas Miller ,
known to me to be the persons whose names are subscribed to
the within instrument and acknowledged that they executed the
same for the purposes therein contained .
IN WITNESS WHEREOF , I hereunto set my hand and official
seal this day of January , 1994
Notary Public
My Commission Expires :
- - - - - - - -- - - -
OFFICIAL SEAL
oou
�n
NOTARY PUBLIC ! ARKANSAS
WASHINGTON COUNTY
Ery Comndssion Expires 0214-00
' Page 6
94014437
ACCEPTED : CITY OF FAYETTE7rV�I�L�L�E� /
By 1Zj4
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss .
COUNTY OF WASHINGTON ) InaP- C.
On this the 7.G day of Y92ZI 1994 , before me the
undersigned office , personally appeared
for the City of Fayetteville , known to me to be the p rsons
whose names are subscribed to the within instrument and
acknowledged that they executed the same for the purposes
therein contained .
IN WITNESS WHEREOF , I hereunto set my hand and official
seal this 7t7k- day of 3aauar-y , 1994 .
F-� ��
�Qti� -2;� ato=
Nota y Public
My Commission Expires :
/ 0 - � oz0oa
low
o
Page 7
940144=?S
I, arra Koumcyor, drain Clerk ane v ,.
V
Ex.officlo ftecc-eir is `. Ir•:rirgton CoWdy, Q o
Artconsos, i • of-, ::Iat Iris lo- 0 `r
sirumcnl •r - . :' in my offico '•. q- tl
o indicr'.r , mo is now ' • . '
duty rccc. r. _ -':dgement ,
and c ... . . ,., .. .c_:d Book and
Fag_ it .rcnn
h -vo hereunto
c1 my i ,:.. :.. ,.. . seal of sold
Court m C. . ic.!:w:..i hcroom
Nmo :: ..' r
Circuit c'. .k or 1
&.-officio itcx:d--
by
STATE OF ARKANSAS
ss.
ORDINANCE NO. 3768
AN ORDINANCE REZON-
ING THAT PROPERTY DE-.
SCRIBED IN REZONING
PETITION R93-35 FOR A,
PARCEL CONTAINING AP-
PROXIMATELY 5.30 ACRES
LOCATED ON THE NORTH•
SIDE OF WEDINGTON,
WEST OF SHILOH RE-
QUESTED BY RICK OS -
BORNE ON BEHALF OF
CHERYL MILLER &•
GENEVA MCFARLAND.
BE IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF FAYETTEVILLE,.
ARKANSAS:
Section 1. That the zone I
classification of the follow-
ing described property is
hereby changed as follows:
R93-35 for the real property
described in Exhibit A" at-•
tached hereto and made a
pan hereof.
From R-2. Medium Density
Residential District C-2,
,.Thoroughfare Commercial.
District.
Section 2. That the offi-
cial 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 January,
1994.
APPROVED:
By: Fred Hanna. Mayor
ATTEST:
By: Sherry L. Thomas
City Clerk
Exhibit 'A'
LEGAL DESCRIPTION
FOR R93-35
A pert of the Southeast
Quarter of the Northwest:
Quarter of Section 7, Town-
ship 16 North. Range 30
West, more particularly do -
scribed as beginning at a
point S 00.08'38" W 590.01
feet from the Northwest!
'Corner of said 40 -acre tract;
thence S 8939'37" El
350.00 feet; thence S,
0008'38' W 660.00 feet to
the North right-of-way of.
Arkansas Highway No. 16;
'thence along said right -of-!
way N 89.3937' W 350.00
feet; thence leaving said,
right-of-way N 00.0838" E
660.00 feet to the point of
beginning, containing 5.30
acres, more or less.
Washington County.'
County of Washington I r y(
I,�-I� �"`> hereby cer-
tify that I am the publisher ofiTHE NORTHWEST ARKANSAS TIMES, a daily
newspaper having a second class mailing privilege, and being not less than four pages of
five columns each, published at a fixed place of business and at a fixed (daily) intervals
continuously in the City of Fayetteville, County of Washington, Arkansas for more than
a period of twelve months, circulated and distributed from an established place of business
to subscribers and readers generally of all classes in the City and County for adefinite price
for each copy, or a fixed price per annum, which price was fixed at what is considered the
value of the publication, based upon the news value and service value it contains, that at
least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
newspaper or its agents or through recognized news dealers over a period of at least six
months; and that the said newspaper publishes an average of more than forty percent news
matter.
I further certify that the legal notice hereto attached in the matter of
OfliUflRaQ 375
was published in the regular daily issue of said newspaper for
consecutive insertions as follows: 1 �� /'
The first insertion on the y-I�il lck,'tiL-q-�C�'� day of 19 �"l(�'`'1
the second insertion on the day of 19
the third insertion on the day of 19
and the fourth insertion on the day of 19
Publisher / General Manager
RECEVbU
FEB 0 1 i c 4
FU ANCE DEPT.
Sworn to and subscribed before me on this i day of
My Commission Expires:
Fees for Printing $ 0. G
Cost of Proof $
Total $ 2 .
Notary Public
FNI"ETTEY'I LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
February 22, 1994
Richard P. Osborne
26 East Center Street
Fayetteville, AR 72701
Re: McFarland Rezoning
R93-35
Dear Rick:
JERRY E. ROSE. CITY ATTORNEY
Thank you for your letter dated February 18, 1994. Any member of
the Planning Commission may move to have a previously tabled
proposal taken from the table. If I remember my rules of
procedure correctly, a simple majority after a second may take a
matter from the table. Such a motion is usually not debatable or
amendable. I would contact a Planning Commission member to bring
the motion to the commission or appear before the commission and
request a member to make such a motion.
Thanks also for your proffered Bill of Assurance. With copy of
this letter I have forwarded the Bill of Assurance to Alett Little
for the appropriate signature and recording.
If I may cooperate further in any manner, you have only to ask.
Very truly yours,
Jer E7Rose
City Attorney
JER/cbp
113 WEST MOUNTAIN ,007 501-5758113