HomeMy WebLinkAboutOrdinance 3770 ! ' r :` ` RECORD
' 94 APR 19 AM 7 58
WAS111ti , ,, '1 00 AR
A . KCLL14EI' ER
ORDINANCE NO. 3770
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION R94-5 FOR A PARCEL
CONTAINING APPROXIMATELY 1 .03 ACRES LOCATED AT
720 LONGVIEW REQUESTED BY LEWIS BROTHERS
LEASING COMPANY
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:
R94-5 for the real property described in Exhibit "A " attached hereto and made a
part hereof.
From R- 1 , Low Density Residential, and R-O, Residential-Office Districts 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 5th day of April 1994.
APPROVED:
By :
Fred Hanna, Mayor
ATTEST:
By:
Sherc L. Thomas, City Clerk
cc***
9402.3329
Exhibit "A"
LEGAL DESCRIPTION FOR R94-5
Part of the Southwest Quarter of the Southeast Quarter of Section 26, Township
17 North, Range 30 West of the Fifth Principal Meridian, Washington County,
Arkansas, being more particularly described as follows, to-wit: Beginning at a
point 545 feet West and 420 feet South of the Northeast Corner of said forty acre
tract, and running thence West 130.5 feet, thence South 210 feet, thence East
130.5 feet, thence North 210 feet to the place of beginning.
AND
Part of the Southwest Quarter (SW 'A) of the Southeast Quarter (SE 'A ) of Section
Twenty-six (26), Township Seventeen ( 17) North, Range Thirty (30) West, and
being more particularly described as follows, two-wit: Beginning 465 feet South
and 445 feet West of the Northeast corner of said 40 acre tract, and running
thence South 165 feet; thence West 100 feet; thence North 210 feet; thence East
20 feet; thence South 45 feet; thence East 80 feet to the point of beginning, as per
plat on file in the office of the Circuit Clerk and Ex-Officio Recorder of
Washington County, Arkansas.
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902.330
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I, Altno KolimoY ..I Circuil Clerk om
rxofficlo rxc-%^r '-' ,tcShington Count)
.I:a this in-
Admncc,, - in MY office
strumcnt r.. . ' ' ; ,1 is now
m Indic_'..
duly r__: c :ro :!c7cmont
CERTMCATE OF RECORD and car '.n r=era Book onG
State of ArkansasC soPoC' r. r , ;-c_c hereunto
City of Fayetteville ( IN
I, Sherry Thomas, City Clerk and ESP Got MY Fc __ so°I of sale
Officio recorder for the City of InatG:-�d hereon
Fayetteville, do hereby certify that the
annexed or foregoing is of record in aq amu is°i •`: `
office and the same appears in Grcu,tG .: end
Ordinance & Resohidon book V I ! at Fxofficio recorder
page Y/ 5 Witness my h�nd
seal this day of
14•_�
�:L:� C.krk :,n A, S?s•U(!i�lc c; ..ir,
BILL OF ASSURANCE
This declaration of a Bill of Assurance made this day
of 1994 by the undersigned owner of the real estate
located in the City of Fayetteville , Washington County , Arkansas ,
described in Exhibit " A " attached hereto and made a part hereof .
WHEREAS , the owner of the aforesaid real property has secured
the approval of the Fayetteville City Council to amend the
Fayetteville Zoning Map to rezone the above described property from
R- 1 , Single Family Residential District , and R- 0 , Residential
Office District , to C - 2 , Thoroughfare Commerical District ; and
WHEREAS , the owner has promised and agreed to subject the
development of: said real property to certain covenants and
restrictions ; and
WHEREAS , the owner is 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 itself , its successors and assigns and
the aforedescribed real property and its subsequent owners with the
obligations ani: restrictions hereinafter set forth for all present
and future de = lopment and use of said property .
NOW , THEREFORE , the owner declares that the aforesaid real
property shall be held , developed , transferred , sold , conveyed and
occupied subject to the covenants and restrictions herein set
forth :
I .
The above described property shall not be used for any of the
following purposes :
Auditorium Slot car track
Dance Hall Skating rink
Hotel Penny arcade
Membership lodge Indoor theater
Motel. Amusement park
Motion picture theater Drag strip
Night club Drive- in theater
Restaurant providing dancing and / or Fairgrounds
entertainment Fishing dock
Tavern Go- cart tract
Billiard and pool parlor Golf range
Bowling alley Miniature golf
Domino Race track
IN WITNES.:: WHEREOF , this Bill of Assurance executed on the
date first above written .
LEWIS BROTHERS LEASING COMPANY , INC .
BY :
TITLE •
ATLEST : L(/ 24,4
TITLE :
STATE OF ARKANSAS )
ACKNOWLEDGMENT
COUNTY OF WASHINGTON )
BE IT REMEMBERED that on this day came before the undersigned ,
a Notary Public , within and for the County aforesaid , duly
commissioned and acting , 0# Ldrwl'r and
46,&A41, /J aZft fj0,✓�' , to me well known to be
theiL�S/DLV.dr and tE wa7AtY�7XOSSNC0XL of
Lewis Brothers Leasing Company , Inc . , who a knowledged that they
had executed the foregoing Bill of Assurance , having been
authorized to do so , for the consideration and purposes therein
mentioned and set forth .
WITNESS , my hand and seal as such Notary Public this
day of April , 1994 .
' G
tary Public
My Commis st.on cp ' res :
Part of the Southwest Quarter of the Southeast Quarter of Section 26 ,
Township 17 North , Range 30 West of the Fifth Principal Meridian ,
Washington County , Arkansas , being more particularly described as
follows , to- wit : Beginning at a point 547 . 5 feet West and 455 feet North
of the Southeast Corner of said Southwest Quarter of the Southeast
Quarter ; thence N 89000 '48 " W , 125 feet ; thence N 0°59 ' 12 " E , 210 feet ;
thence S 89100 '48 " E , 125 feet ; thence S 0059112 " W , 210 feet to . the
point of beginning and containing . 60 acre , more or less and subject to
that portion that lies in Longview Street on the north side .
AND
Beginning at a point on the South line of a 25 - foot road which is 427 . 5
feet West and 665 feet North of the Southeast corner of said forty acre
tract , rind running , thence West 130 feet ; thence South 210 feet ; thence
East 13 ''reset ; thence North 210 feet to the place of beginning .
AND
Part of the Southwest Quarter of the Southeast Quarter of Section 26 ,
Township 17 North , . Range 30 West of the Fifth Principal Meridian ,
Washington County , Arkansas , being more particularly described as
follows , to-wit : Beginning at a point 545 feet West and 420 feet South
of the Northeast Corner of said forty acre tract , and running thence
West 130 . 5 feet , thence South 210 feet , thence East 130 . 5 feet , thence
North 210 feet to the place of beginning .
AND
Part of the Southwest Quarter ( SW 1 / 4 ) of the Southeast
Quarter ( SE 1 / 4 ) of Section Twenty - six. ( 26 ) , Township
Seventeen ( 17 ) North , Range Thirty ( 30 ) West , and being
more particularly described as follows , to -wit :
Beginning 465 feelSouth and 445 feet West of the
Northeast corner of said 40 acre tract , and running
thence South ' 165 feet ; thence West 100 feet ; thence
North 210 feet ; thence East 20 feet ; thence South 45
feet'; thence East 80 feet to the point of beginning , . as
per plat .. end file in the office of the Circuit Clerk and
Ex - Officio Recorder of Washington County , Arkansas .
ZL � n a A Dgem) , ' i ES — SURVEYORS 11
fayetteville arkansas
T 130 . 5 ,
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SHED
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ECJLE 1. EO
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WIAK
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SURVEYED FM Don Stone
ion
DAM: September 3 , . 1986 = no
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0 IS z y
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N2KNV$.4$ 1 u S 0 v MT)D
of p.
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_ 1 ' � � '_ �-• S
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as
M E
EAST 13015
CL
IOH.ME• ET. 40' H.o.'I. _ .
CL
LmAL DESCR.Z?nW,
A .part. of the Southwest Quarter of the' Southeast' Quarter of Section TwentySix 26)
fol Seventeen (l7) Northl Rhe Thirt�r (30) Went of the.. 5th P ,M, i d cribed as
Four Hundred IBe indi mat apo int 'ttich is Pive Hundred' forty>•five '(545) feet bleat and
tract , and tr (420) feet' Sou ?f ' the' Northe"t cornei of said for ache
xtac�iV thence West 130" 5 ee6; - the ce South 210 feet , thence East 1% 5
feet , thence North 210 feet to the place of beginning .
CERTIFICATION ,
I hereby certify that I have this day made a omplete survey of the above described
property " sham on this plat of survey . The property lines and comer mtnSements ,
to the best of my 1ma+ledge and belies', are correctly established , all encroack mts ,
if any , are as shown on this plat , to the best of my knze dge , On this the 3rd
day of September , 1986 .
` 72o i. ONGVlC�
WARRANTY DEED IIA yY
HUSBAND AND WIFE CONVEYING AS TENANTS BY FILED FOP. RECORD (/
• THE ENTIRETY, JOINTLY OR IN COMMON
KNOW ALL MEN BY THESE PRESENTS: 8 AUC 24 p� 3 19
That we, RaCCe A. Parham and Susld I'arhnm fl.
UG
CO AR
husband and vita, hereinafter coaled Gra ilea, Ian and In considoratbn of his sum 01 A. K O L LM EYER
One DOser IS 1 .00) and "loan Good and valueDle consooroton to us N Rind Paid DY
Lewis Brothers I.easing Company , Inc •
tui. r:.r
hVONahC4,110dn iso homby pmol. DmgeN and anon no this
GranNiS Malts and assigns. Iho following bwNp OeDd land, N said Giants and 0241
LA1 205
i
wlslt inatoil County, SIato 0f Arlansas. lo.w,t: 001544
V
u -
�1
'Iql Lon/ CrVIELs✓
u fart of the Snuthwest mantra' ( ;41 /4 ) of the Southeast Quarter ( SE1/4 )
Scr, [ ion 'fwcuty -Sir, ( 2. (1 ) iw '"0"51111) ::cvcnfcun ( S ') ) tlnrth of Rango
q • -Thirty ( 30 ) 4r:st , dc•str ) b,:d as follow Ln-wit : neginning .11 a point
W on [ he South line of a 2 :i tuot road which is 43 'l . i feet West and 6G5
feet North of the Snutheaat corner of said Lorry acre tract , And
W running , thence West 130 Leet ; thence Suutil no foot ; titunee East 130
feet : thence North 210 tact to tile place of begiuniug .
0
V
Z
n -
n
r1
N
7
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a I coldly tndor penalty at Ids" swoering thin at least the
0
wa•TOY carecl
$Io
an of Oo
anenlary stamps
FDmcad " Istr'u nL
too )NneGr
: 3 u� . ! ire /
TO HAVE AND TO HOLD the said bnaa'on0 epPunonanaoa 111010 nut belonging unto this and Granl00 and Grantoo's hole; and aalpns, forever, And
We, the sold GryllOm, here
Dy covenant that WO VS IOWIMy SOILOd at Said land and WOm1303. that this 3=0 is unllOynDerod, and Thal We we felayer wYnY1i
and distend this 11110 to Iho said lands against all toots clams whatavo,
Arid We, the ran SOMINO Grantors, horooy rabaaa and Ioil lush unit this said Granlat o J030O tivO dower/CWOay and homoslwd N and t0 sad OMa.
WITNESS our herds and saela On INa y'V
aey! OI L14ic
THIS INSTRUMENT PREPARED BY:GREEK ABSTRACT COMPANYTO N. Ceeote ., aham
FayOne•NO, bsmana T 1101 _ ISeaa
STATE OF ARKANSAS ACKNOWLEDGMENT Lllf^ 12841lWEOO6
Nashln¢QCOO l! U .
GtunlY Of .r,ly...
p ! 1 . he
AG,.•• •, On this the ZZL day of 19'_�, "store me, a not
J' • V r- . :Y . . Mandy Weld, peraenaly appeered
Redc� • . rh:� ''' ` and Susie Pn rhnm
Anown11=10 (WJWt3Ncta1y Pniv(10.10 W the Parsons whose names ore aubaoribod l0 No forogoing Inslranatl and acAntwfadeod that they had eK howl
the aeln> y-th4PtItID]t{�IhOrel(I�sal loon. .
ll /MY CorrvN3sjJOn Efoloi
ml Public
' •'a Arad as per the lnstruationg of
_ _ !:cantor/Grantee herein. .
' c.rF suRv£�oRS
FAYETTEVILLE ARKANSAS 14 f '
LOCATION MAP PLAT.OFSURVEY LEGEND D
GRAPHIC SCALE : /JJ • �'O '"OM rw
O rn iwN HN
O aN)wprt
■ 1x011C We1tQ
~ 6 !i aauroao CHF[
'A rasa NaM1110b rna[
a
R -30 -W
— — -1—� L-0H9VIEW-9TR EET — --
S 89° 00'48" E 125,
1WCW
61
n .r
ONE YTMi FRANC2
N
O
T 3
LLO<a 1104aeC SHic N
W �
pN r a o1
1l'x
Q1 J XCTAL 11ONNeC INCL 0
v �rl N
_ O
Z
.60
ACRES
roe.
N 89^ 00' 486' w 125'
NOTE : Bearings assumed . from adjoining survey. vr �1
O lNTrt
}• %.
= WEST 547, 5' `lffee. xa
Il•N
t 11.J}H
SURVEY DESCFZIPTION: CEIMFICATim
TXn n m curer twr 1 NNC ieq ov
Part of the Southwest Quarter ( 5lJ; ) of the Southeast Quarter C CTCO a $1Y OF THC AIM
( SE} ) of Section 26 , Township 17 North , Range 70 West of the .moria eO NTV. Ae lw1C n
Fifth Principal Meridian , Washington County , Arkansas , beingN 'T1eMC'r .Nc aonl wTNerur or
more particularly described as follows , to-wit : UcVinning at a
point 547 . 5 feet West and .155 feet North of the Southeast ( Corner �.
„Duly l`1 k`•u• "'
of said southwest Quarter SW!, oC the Southeast Quarter 'a ) , "0
thence N 09 .00140" W, 125 feet ; thence N 0 . 59012 " E, 210 rcet; ar^rt uF
thence S 89400 . 48" E, 125 feet; thence S 0659112 " W , 210 feet
to the point of beginning and containing . GO acre , more or less `� � o ore
and subject to that portion that lies in Longview Street on thed ��)
roxrth side .
- O'f JANC6 E.
The above described property is also known as : •,P �CkAA161 SJT,p
767 Longview Street, Fayetteville , Arkansas . *A'L.. pO .,•
••,.n...uHmlxpxjP
I have reviewed the available FIA Flood Hazard Boundary Flaps
and the above described property is not in a Special Float
iLl2ard Area , as identified by HUD. DON STONE ( LEWIS FORD )
'TT' FAYETTEVILLE WASHINGTON
N ARKANSAS 3 - 10 -89
89 -2290
ORDINANCE NO. 3770
, At4 ORDINANCE REZON
ING THAT PROPERTY DE-
SCRIBED IN REZONING
PETITION R94-5 FOR A.
PARCEL CONTAINING AP-, STATEOFARKANSAS
PROXIMATELY 1 .($I ACRES
LOCATED AT 720 LONG- SS.
VIEW REQUESTED BY County of Washington
LEWIS BROTHERS LEAS-
ING COMPANY. Xp
''.BE IT ORDAINED BY THE I' �` hereby cer-
CITY COUNCIL OF THE tify that I am the publisher o HE NORTHWEST ARKANSAS TIMES, a daily
ARTY of FAYETTEvaLE,
ARKANSAS: newspaper having a second class mailing privilege, and being not less than foto- pages of
five columns each, published at a fixed place of business and at a fixed (daily) intervals
so<sion 1 . That the zone
classification of the follow-
continuously in the City of Fayetteville, County of Washington, Arkansas for more than
ing described property is aperiodof twelve months, circulated and distributed from an established place of business
,hereby changed as follows: to subscribers and readers generally ofall classes in the City and County for a definite price
R94-5 for the real property for each copy, or a fixed price per annum, which price was fixed at what is considered the
described in Exhibit mad"A" a
e a at-
tachedvalue of the ]m on, uPo blicatibased n the news value and service value it contains, that at
rihereto ereto antl
}pan. hereof. least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
From R-t. Low Density Re- newspaper or its agents or through recognized news dealers over a period of at least six
sidential , and R - O ,
Residential-Office Districts months; and that the said newspaper publishes an average of more than forty percent news
to C-2, Thoroughfare Com- matter.
martial District.
offi-
cial
zoning map of the City Section 2. That the Citi-
tI further certify that the legal notice hereto attached in the matter of
of Fayetteville. Arkansas. is \ / _ I �� _7O
hereby amended to reflect l J /V�i1V
the zoning change provided
in Section 1 above.
PASSED AND APPROVED
was published in the regular daily issue of said newspaper for
this 5th day of April. 1994. consecutive insertions as follows:
APPROVED: off//,
By: Fred Hanna, Mayor The fust insertion on the dayof l9�
ATTEST:
By: Sherry L. Thomas
City Clerk the second insertion on the day of 19
EXHIBIT 'A'
LEGAL DESCRIPTION
SCRI119� ION the third insertion on the day of 19
FORPart of the Southwest
Quarter of the Southeast
Quarter of Section 20. and the fourth insertion on the day of 19
Township 17 North, Range
C West of the Fifth beim ` I ,r„ (//J
Princi-
pal Meridian, Washington V U
County. Arkansas. being
more particularly described
as fellows, t545 beginning APR 8 }394
at a point 545 feat West Q
and azo taut South of the Publisher / General Manager
Northeast corner of said
forty acre tract, and running . FINANCE DEPT.
West 130.5 feet.
thence South 210 feet,
thence East 130.5 . feet,
thence North 210 feet to
the place of beginning. .
AND
Part of the Southwest
Quarter (SWI /4) of the
Southeast Quarter (SEI/4)
of Section Twenty-six (
Township Seventeen (I7)17)
(1
North. Renee Thirty ani- `�i{'J
30)
West, and being more follows. Swom to and sub—scribed before me on this day of
cutartto-wit:
describedin as follows, 19 Q
touch Beginning 465 feat XJAJ
South and 445 feet West i
the Northeast corner of
40 acre and running said
ng
thence South
h 105 feet: .
thence West 100 feet:
thence Northfeet : '
Aort—
theta East teat:et; thence
South 45 feet:
thence East Notary Public
feat the point be-
ginning,
anning, as per plat On
Ci tuit M Commission Expires:
Cthe office O the Circuit Y P
Clark and Ex-Washington
<io Reny. 0 q ^ I /l
Recor-
der of Washington County, /l%)1 U
Arkansas.
Fees for Printing
Cost of Proof $
Total .$ di -
