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Home My WebLink AboutOrdinance 3801 . ;; •` `' `i ,RECORD ' 494 OCT 24 p� 1 53 Wl Sril ?r Vrr Co AR ORDINANCE NO. 3801 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION R94-30 FOR A PARCEL CONTAINING APPROXIMATELY . 31 ACRES LOCATED AT THE NORTHEAST CORNER OF HAPPY HOLLOW ROAD AND HUNTSVILLE ROAD, REQUESTED BY KATHRYN LYNNE KECK. 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: R94-30 for the real property described in Exhibit "A " attached hereto and made a part hereof. From C- 1 , Neighborhood Commercial 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 7th day of June 1994. APPROVED: By : Fre6 Hanna, Mayor ATTEST: By : ��PA , g1l hemas, City Clerk Traci Paul rts - ' : ;:_ � 94064044 Exhibit "A " LEGAL DESCRIPTION FOR R94-30 A part of the Northwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 23 in Township 16 North or Range 30 West, and being more particularly described as follows, to-wit: Beginning at the point of intersection of the North right-of-way line of State Highway No. 16 and the West line of said Ten (10) acre tract, which point is 227.2 feet South of the Northwest Corner of said 10 acre tract, and running thence North along the West line thereof 103 .5 feet; thence S 8645 ' E 105 .2 feet; thence S 0011 ' E 139.23 feet to the North right-of-way line of said Highway, thence in a Northwesterly direction along said right-of-way line 113 . 1 feet to the point of beginning. 94064045 BILL OF ASSURANCE This declaration of a Bill of Assurance made this 14th Day of October, 1994 by Katheryn Lynne Keck, dated October 14, 1994, owner of the following described real property located in the City of Fayetteville, Washington County, Arkansas: A part of the Northwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 23 in Township 16 North of Range 30 West, and being more particularly described as follows, to-wit: Beginning at the point of intersection of the North right-of- way ight-ofway line of state Highway No. 16 and West line of said Ten (10) acre tract, which point is 227.2 feet South of the Northwest corner of said 10 acre tract, and running thence North along the west line thereof 103.5 feet; thence S 86°45' E 105 .2 feet; thence S 0011 ' E 139.23 feet to the North right-of-way line of said Highway, thence in a Northwesterly direction along said right-of-way line 113.1 feet to the point of beginning. WHEREAS, the aforesaid owner of the real property described above has secured the approval of the Fayetteville City Council to amend the Fayetteville Zoning map to rezone the above described property from C- 1 to C-2; and WHEREAS, the owner has offered and agreed that any development of such real property should be subject to certain covenants and restriction pertaining to same; 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 heirs, successors and assigns and the afore- described real property 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 owner declares that the above described real property shall be held, developed, transferred, sold, conveyed and occupied subject to the covenants and restrictions herein set forth: 1 . Only those uses that are listed as a use by right or as a Conditional use under Use Unit 1 , 21 32 41 12, 13, 15, 16, and 18 under the City of Fayetteville Code of Ordinances "Zoning Ordinance" in effect at the time this rezoning was approved may be established on the above described property as a use by right or conditional use. WITNESS my hand on this 'day of 66 994 Property Owner 94064046 ACKNOWLEDGEMENT STATE OF ARKANSAS ) ) ss. COUNTY OF WASHINGTON ) On this 14th day of October, 1994 before undersigned, a notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named Katheryn Lynne Keck, to me personally known, who stated that she was the property owner, and was duly authorized in her respective capacity to execute the forgoing instrument for and in the name and behalf of said individual, and further stated and acknowledged that she had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of 1994. Z�ez Notary Public ��y; . . . . . . . //� y LO/✓lA%�drS/d�J a..K//.CiCS : u� ••, :• a 0 rid - D�-�Gt90 0 .(7`.C!\1. 94064047 _ r 3 " C I_ G*QMCIo Recctder for WmItington Arkan , do hc--',y Cr-,fi. :hct this i Ssastrumcni c -. ' t my offim as incic-. ' - duly rccc "4 7mc is now and cer:"c Page c• _ - Gerd Eca': an IN Vj,, _ cOf my ho ,. a .:,. . ' I:�•- .-. ncrc:unC - :u ira i. of of cc! Court on t;tc c dicrtr-' Alma Kollmoyor Circuit Clem and 6aafflcio RCCardcr ORDINANCE NO. 3801 AN ORDINANCE REZON- ING THAT PROPERTY DE- STATE OF ARKANSAS SCRIBED IN REZONING PETITION R94-30 FOR A Ss. PARCEL CONTAINING AP- County of Washingtonn PROXIMATELY .31 ACRES LOCATED EL THE NORTH- EAST CORNER OF HAPPY ]� hereb cer- HOLLOW ROAD AND y HUNTSVILLE ROAD, RE- tify that I am the publisher o THE NORTHWEST ARKANSAS TIMES, a daily QUESTED 8Y KATHRYN LYNNE KECK. newspaper havin a second class mailing privilege, and being not less than four pages of BE IT ORDAINED BY THE five columns each, published at a fixed place of business and at a fixed (daily) intervals CITY OF TH CITY OF FAYIET EVIL EE cominuously in the City of Fayetteville, County of Washington, Arkansas for more than ARKANSAS: a period of twelve months, circulated and distributed from an established place of business Section 1. That the zone to subscribers and readers generally of all classes in the City and County for a definite price classification of the follow- for each copy, or a fixed price per annum, which price was fixed at what is considered the herdescribed property is value of the publication, based upon the news value and service value it contains, that at hereby scribe tl as follows: R94-30 for the real property least fifty percent of the subscribers thereto have paid cash for their subscriptions to the describedin Exhibit ak a e e [a<hetl hnewspaper or its agents or through recognized news dealers over a period of at least six Part hereto and made a part months; and that the said newspaperpublishes an average of more than forty percent news hereof. matter. From C-1 , Neighborhood Commercial District. to c-2, Co Thoroughfare Commercial I further certify that the legal notice hereto attached in the matter of _ District. 0( r,/IV••r^1W h Section 2. That the offi- IN.XI ^'tlafi {I- cial zoning map of the City 1 of Fayetteville. Arkansas, is was published in the regular daily issue of said newspaper for _ hereby amended to reflect the zoning -change prow ed" consecutive insertions as follows: in Section 1 above. /� p r PASSED AND APPROVED ne, 199 . The first insertion on the l gT)r TC/�- �- ) day of 19 �( this PASSED day of June, OVE AY: Fred a the second insertion on the da of 19 By: Fred Hanna. Mayor y ATTEST: BY: Traci Paul City Clerk the third insertion on We day of 19 EanmR -TION FOR LEGAL DESCRIPTIand the fourth insertion on the day of 19 R94-30 A part of the the Northeasti Quarter of Sec Northeast Quarter of the Northwest Quarter of Section 23 in Township 16 North or Range 30 West. and being $ more E C E I V E u Publisher / General Manager particularly tbetl as follows, twn:: oofBegin- ning at the point of inOCT 3 1 1994 ter right-of-way of the North. right ayway line of State st Highway 16 and the West FINANCE D line of said Ten (10) acre [r1r• tract, which point a 227,20 North- DEF `L South of the North- west Corner of said 10 acre tract, and running thence North along the West line thereof 103.5 feet: thence S " 86.45' E 105. 2 feet; , thence S 0.11 ' E 139.23 feet to the North right-of- way line of said Highway. thence in a Northwesterly Sworn r to and subscribed before me on this CQ J day of direction along said rico the O ^ way line beginning, teat to the , Tj1jl-C^ Point of beginning_ 19 Cf Notary Public My Commission Expires: q oi - Fees for Priming .$ 8 -7. 3 0 Cost of Proof $ Total $