HomeMy WebLinkAboutOrdinance 3771 RECORD
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ORDINANCE NO. 3771
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION R94-6 FOR A PARCEL
CONTAINING APPROXIMATELY 1 .23 ACRES LOCATED AT
767 & 791 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:
R94-6 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 : *14 '
Fled Hanna, Mayor
ATTEST:
By :zzw '2' offi �.✓�
Sherry 9. Thomas, City Clerk
6 .
8T
]� 94023322
Exhibit "A"
LEGAL DESCRIPTION FOR R94-6
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 0059' 12" E, 210 feet; thence S 89000'48" E, 125 feet; thence S
005912 " 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, and running,
thence West 130 feet; thence South 210 feet; thence East 130 feet; thence North
210 feet to the place of beginning.
94023M.
BILL OF ASSURANCE
lot
This declaration of a Bill of Assurance made this L day
of 414L . 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 o " 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 an , restrictions hereinafter set forth for all present
and future dei- E: 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 :
9 .4�
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 .
BYll>>/.� A: LlUh
TITLE :
ATLEST :
TITLE : iyy,
•lri'? ^.aa .ft.1i;: ; ti: , : .: i' r . Jai ,:
!IOgg • :+ n YU2 UR 'a a:) .:I
MOM
t, Alma KollmayGr, Circuit Clerk and
Ex-officio Recorder for Washington County
ArkansM u h =41 ccrufy that this in-
inr rcco d in my b4ies
strument cic.
as ir0c^_ted and tho sane i; now
CERTIFICATE OF RECORD dulyrcco s• "'=^ t`o ocknowlcdgement
and cert;:lm: nn in Rccord Book and
Sate of Arkmw pogo as Inc ?"f'cr on.
City of F etteviik
a,� F ,�„ hove herauntc
I, Sherry Thomas. City erk and Rz- w "'Ir ' :d offirz
Officio recorder for the City of sat my hand r..d a f d the so°I of aai
Fv.Ateville, do hereby certify that the Court on tho e::t,, indicarad hereon-
a .1 --,%xed
ereon•a .: .-,:xed or foregoing is of r•':9rd in my Alma Kolimcyar
C. trice and the seme ..,vers in Orcult Clcec and
Ordinance A Reallatirn Fw )(XV I/ � at 66.officio Pevordw
pace �S/ wilaeKS t., a:Ru' s"A
seal 1 s day oft 7
y�
City ClaraAnd U-Olrielo Recardeerr
; t
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 , .06< ,(/ Lcrwll I and
A0d G4 Id. fTo.✓�dr , to me well known to be
the .CNS/OC.dT y�?at
and SEexer9tmdSr/ Cart, 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 .
. J00 /Ac z d�
tary Public
My Comm cp ' res
i
i
i
i
' I
i
Exhibit " A "
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 0059 ' 12 " E , 210 feet ;
thence S 89000 '48 " E , 125 feet ; thence S 0059 ' 12 " 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 , and running , thence West 130 feet ; thence South 210 feet ; thence
East 13 net ; 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
i
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 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 .
eLEw 8 ..ASSOCIATES— SURVEYORS n ��
fayetteville arkansas � I
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T t30 . 5 ' I Ne meld
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KC. i.
TIIN,.aO•
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NJRIN 10
.CAL[ I• JO'
20
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SURyEM FORl Dm Stone
MTB : Septarber 31 . 1986 = no
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a r.
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Mir
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•'ST11't7E Olr'•.• �= a .o.y.
of
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�' Jap ':I, IV. UL<�•' C ; a
� C LANDS ' .[.:
e EAST 130. 5
IL
LOM.wn . 1. 40• a.0.r. _
LEGAL PES0=0t?'I
Tpart. of the Souchwest Quarter of the' Southeast quarter of Section Twenty Six (26)
Sevenfollows Be teen ��) rte' F. Thirty (30) West of the.' 5th PIM, i described as
Four Htaidredgimingand enAta int vftiich is Fire hmdred forty.•five (545) feet Veyst and
tract , � thaice WWeestf 13 I'eC ence�1210 fe t thence forty
13300.5
feet , thence Nortfi 210 feet to the place of bagirning ,
CE2=CATION :
I hereby certify that I have this day made a ooplete survey of the above described
property as shorn m this plat of survey . The property Lines and corner monuments ,
to the best of my ia=ledge and belief, are correctly established, all encroachamts ,
if any , are as shown on this plat , to the best of my Imawledge . On this the 3rd
day of Septerber , 1986 .
' 120 (_ o�t/G- VIEi�
WARRANTY DEED II
HUSBAND AND WIFE CONVEYING AS TENANTS BY FILED FOP, RECORD (�
THE ENTIRETY, JOINTLY OR IN COMMON
KNOW ALL MEN BY THESE PRESENTS: 8 RUC 24 Pfq 3 19
That we. Rocco A . Parham and Stolle i'arham -�
VYASNINU' 'IUN CO AR
husband and wilo, heralnener caeca Granlors, Ior and In consideration of the sum of A. KOLLMEYER
One 0011111 IS 1 .001 and Omer good and valuable consideration to us in hand paid by
Levis Brothers Leasing Company , [tic .
Iciv., ors
Mantee's airs a da ssig d0 hereby grant bullishOsCrib and son idle the aid Grantee and C
024120 D
ON Wa 511111CC Oaltl assigns. the lolbwhp doacnbOd WnU. situate h
^ County, SI:IIe of Arkansan, tnwil: 001544 O
L
R
r7gl LoIJGVItu/
fart Of the Sokl0twc•st Qucu' tc•r (:V1 / 'l ) Of OIL- Southeast Quarter ( SF,1/ •I )
u 5cr. [ iml 'ttilcnty - Sir. ( 2 (, ) in 'I'ovnsIlip ;;even loco ( l'/ ) (torch of Range
�, -Thirty ( 3U ) Vee , dCscri. bcd a5 f011ogS , to-ui C Beginning at a point
w ou the South line of U ;; !i too [ toad which is d '1 . 5 feet Vest and 665
fact North of the southeast Corner of said forty acre tract , and
W running , thence Vest 130 Lect ; thence Soutil 210 tent ; [nonce Ess [ 130
N ( act ; thence North 21.0 [ act to the place of bag inning .
0
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Z
nt
n
N .
tl
d
N
8 1 codify undor penally Of 1Wao swomino that at local the
_? Iup.Ny cancel amount of docunonlary alampa nav son
H placed o tNa hal( ns.
Signe
Gra too n 77 � , �
AUJross
TO HAVE AND TO HOLD the auto lan03'and appurtonancos Ihorounlo belonging unto the said Grantoo and Granloo'a hoes and assigns, [waver. And
we. the Bald Grantors, hereby covenonl that W6V6 lawfully sensual solo land and promises. that the sumo Is vnvxunDorod, cool mal we we loravor warrant
and defend the title 10 Iha Said lands suahal as legal claims whalovor.
And we, me rest)"INO Grantors• hwaDy release and rabullush unto the said GraA
ive dowertCurtosy and twmosload In and to salol lands.
WITNESS our nuga eM scuta on this � •`� days OI
THIS INSTRUMENT PREPARED BY:
/y/ Qi—,
(SeaeGREEK ABSTRACT COMPANY 70 N. Colleget /Y (SON
FnyollaWa, NMmaes ]"1]OI tic
STATE OF ARKANSAS ACKNOWLEDGMENT HtfF . 284 DACE00V
comfy of Washington '
JJ
A .••"""• On Iris Ino L day o1 1 q_�, Dolwe ma, a not ally appeared
�' �' V r �j:y,�• . . Ory public. parson
Reece rh',j I'•. ' , `' Susie Parham
and
kno®O lafyttlalactorly yavOn)'to bo the
paraons whose npmes aro aubs<ribod to mo foregoing Inslrumonl and acknowlodpool that they hes oxacWao
the sa!n yr'Ih Qarin Wmorol4 sot form.
My Comm3gr(pI Elipiroa' /
J ' ..
b4a /
co Bred uo per the inatruetiOnB of
Grantor/Grantee herein. .
c•rF SURv `M5
FAYETTEVILLE ARKANSAS IS ) '
LOCATION MAP PLAT.OF SURVEY D
• LEGEND:
GRAPHIC SCALE : • Ioua 01011 nx
' zti / \ 0 SET IRON
FIM
O
is STONE MARX
'
0 SRI RAILROAD 31011E
...♦ ETAFo w "Q aRia
■■■1 .—�RnnNo rtNs�
0
R -30 - W
MBVIEW—STREET —
S 690 00'48"E 1250
Ia
� o
ia'Fy
. ns vvc. ua
.. . : R.r—J . .
' - 66,5'
ONE STORY !RAMC
O
N
O
Iv' ^
ti C' S" SIOCa SIORAOE SHED N
w _
:N a of
_ M)
In KETAL SIONAOE SHED O
R FA I N
O
Z
.60
ACRES
R.o.E.
N 89000' 48 " W 125'
S -
NOTE : Bearings assumed . from adjoining survey . oc E ,fit
1/4
Z WEST 547. 5' `sic. :.
•IT•N
_SURVEY DESCRIPTION:
Part of the Southwest Quarter ( iHYS IS TO CERTIFY THAT I MAK THIS MY( 511'- ) of the Southeast Quarter <OMRETED A surveY OF THE MOPE
( SE, ) of Section 26 , Township 17 North , Range 30 !Jest of the DESCRIBES NNIVERTY. ALL EASEMENTS
ANOJOY ENCRUCHAICNTS REVEA1.0 BY
Fifth Principal Meridian , Washington County , Arkansas , being THEYSIARVEY ARE 314C314C)"Iw THE n T OF
more particularly described as follows , to-wit : tk�ginning at a
nt
7 . 5 feet
of said SouthwestQuarterest (SW'40 of tire455 Feet tsoutheastSoutheast Corner
Quarter ( SE• q ) ; %)AJAdQ`'V1 S ,IrkhFv
thence N 09 ' 00 ' 40" W, 125 feet ; thence N 0 . 59 ' 12 " E , 210 feet ; SI Art: of
thence S 89 ' 00 ' 48 " E , 125 feet ; thence S 0 ' 59112 " W, 210 feet / ^ `^NE^"
to the point of beginning and containing . GO acre , more or less a / m
and subject Zr
to that portion that Lies in Longview SLreob. on the ` ll uE_ -Io
nS)rth side .
The above described property is also known as : -- 'f,P , c ^nTr,tSJ-k-
j 767 Longview Street, Fayetteville , Arkansas . '- Nq l-L NO T,o``),
NN
••,y,...ullulllln
I have reviewed the available FIA Flood Hazard Boundary Naps
and the above described property is not in a S ecial Flood
Huzard Area , as identified by HUD . NAME. DON STONE ( LEWIS FORD
'TY. FAYETTEVILLE ` WASHINGTON
A ARKANSAS 3 - 10 -89
scAEE: I„= 40 , +oe Ha: 89 -2290
ORDINANCE NO.3771 City 'of , Feyectevnle , STATE OF ARKANSAS lll
Washington County,- Arkan- I Is.
AN ORDINANCE REZON- sas,PERdesc,ttobed in Exhibit County of Washington
,ING THAT PRO ,T„Y'` atteNe.d hereto and
SCRIBED IN REZONING -matle a apari hereof. 1
PETITION R94-6 FOR A . . n
:PARCEL CONTAINING AP- . WHEREAS, the owner of I, l /� hereby cer-
,PROXIMATELY 1 .23 ACRES I the aforesaid • real property of that I am the publisher 0 HE NORTHWEST ARKANSAS TIMES, a daily
'LOCATED AT 767 & 791 he secured the approval of y P y
,LONGVIEW REQUESTED the Fayetteville City Council newspaper having a second class mailing privilege, and being not less than four pages of
BY LEWIS BFEASING COMPANY HERS Zoning Map the
Fayetteville
five columns each, published at a feed place of business and at a fixed (daily) intervals
above described prr9party continuously in the City of Fayetteville, County of Washington, Arkansas for more than
IBE R ORDAINED BY THE from R-1 , Single Fand A-0. a period of twelve months, circulated and distributed from an established place of business
CITY COUNCIL OF THElfrom tial District, and Rey
'CITY OF FAYETTEVILLE. Residential Office District. to subscribers and readers generally of all classes in the City and County for adefmite price
ARKAPISAS. I 4morcciai D strict; anddre Com- for each copy, or a fixed price per annum, which price was fixed at what is considered the
'Saotlon 1. That the zone value of the publication, based upon the news value and service value it contains, that at
classification of the follow- WHEREAS. the owner has least frit percent of the subscribers thereto have aid cash for their subscriptions to the
"mg described property is promised and agreed to , fifty P P
hereby changed as follows: subject the development of newspaper or its agents or through recognized news dealers over a period of at least six
said reel property st tannin months; and that the said news r ublishel an averageofmore than forty percent news
R94-6 for the real property covenants and restrictions; ; P Pnl'
described in Exhibit "A" et- and matter.
tackdh
tachehereto and made e
part hereof. WHEREAS, the owner id
desirous of making a decla- I further certify that the legal notice hereto attached in the matter of
From R-1 , Low Density Re- ration of the same in the
sidential , and R - O , form of this Bill of Assur- O 2c 2 � ^-�
Residential--Office Districtslance with the intention of E J /
to C-2. Thoroughfare Corn- 1 guaranteeing the praserva- 11
mercial District. tion of certain values and
amenities in the community was published in the regular daily issue of said newspaper for ' t
Sactlon 2. That the offi- and to bind itself, its suco-
�cial zoning map of the City cessors and assigns and consecutive insertions as follows:
of Fayetteville. Arkansas, is the aforedescribed real
hereby amended to reflect property and its subsequent ,r�'(1 2
the zoning change provided owners with the obligations The first insertion on the Vl✓ day of 19qq_
in Section 1 above. and restrictions hereinafter
set forth for all present and
PASSED AND APPROVED future development and use the second insertion on the day of 19
this 5th day of April. 1994. of said property.
APPROVED:
By: Fred Hanna, Mayor NOW, THEREFORE. the the third insertion on the day of 19
ATTEST: owner declares that the
.By: Sherry L. Thomas aforesaid real property shell
City Clerk be held, developed. trans- and the fourth insertion On the da of 19
ferred. sold, conveyed and' y
EXHIBIT 'A• occupied subject to the co-
LEGAL DESCRIPTION venants and restrictions 48 he •_ '
FOR 89rein set forth: E C t Y V
Pert Of the Southwest I.
Quarter of the Southeast The above described prop-
Quarter of Section 26. arty shall not be used for APR 28 Publisher General Manager
Township 17 North, Range any of the following ,
30 West of the Fifth Princi. purposes: [ DEPT .
pal Meridian, Washington *Auditorium FI��I\ANCC PT .
'County. Arkansas, being *Dance Hall
more particularly described *Hotel
gas follows, to-wit: Begin- *Membership lodge
ning at a Point 547.5 feet •Motel
' West and 455 feet North of *Motion picture theater
Southeast Corner of said *Night Club
Southwest Quarter of the •Restaurant providing
Southeast Quarter: thence dancing and/or
N 89'00'48- W. 125 feet: entertainment
thence N 0'59'12' E. 210 •Tavern
feet: thence S 89'00'48" E. *Billiard and pool
125 feet: thence S 0'59'12' parlor !�
W. 210 feet to Na paint of •Bowling Alley - , yl
beginning and containing *Domino Sworn to and subscribed before me on this �5
60 acre, more or less and •Slot car track , v day of
subject to that portion that *Skating rink
lies in Longview Street on *Penny Arcado Q( )/
the north side. •Indoor theater 19 I -I
,Amusement Park
,AND *Drag strip
•Drive-in Theater
Beginning at a point on the *Fairgrounds
South line of a 25-foot road *Fishing dock
`which is 427.5 feet West lo-Cart Track otary Public
and 665 feet North of the •Golf rant
Southeast corner of said •Miniature Golf
forty acre tract, and run- ,Race Track I My Commission Expires:
ning, thence West 130 feet:
thence South 210 feel: IN WITNESS WHEREOF., /-1 � ' V^ 1
1 o
thence East 130 feet : this Bill of Assurance axe- �( ff
thence North 210 feet tocuted on the date first
the place of beginning. above written
LEWIS BROTHERS LEAS-,
BILL OF ASSURANCE ING COMPANY, INC '
This declaration of a Biu of By: Thomas H. Lewis Fees for Printing $ �
Assurance made this 15th TITLE: President
day of April. 1994 by the ATLEST: Donald W. Stone Cost Of Proof $
,undersigned owner of the TITLE: Sedrreas._
reel estate located in the ' Total $ L90p.O : C]�
