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HomeMy WebLinkAboutOrdinance 4078 ORDINANCE NO. 4078 co AN ORDINANCE REZONING THAT PROPERTY DESCRIBED n co IN REZONING PETITION RZ98- 1 .00 FOR A PARCEL ti c r' CONTAINING APPROXIMATELY .29 ACRES LOCATED AT = z N o 1637 NORTH OF WEDINGTON, WEST SIDE OF LEVERETT, � y o 0 SOUTH OF SYCAMORE, AS SUBMITTED BY JORGENSEN & m a ::0 ASSOCIATES ON BEHALF OF RICHARD MAYES. cn :;an m co o BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTE,VIk�E, o ARKANSAS: -� Section 1 . That the zone classification of the following described property is hereby changed as follows: RZ98- 1 .00 for the real property described in Exhibit "A" attached hereto and made a part hereof. From R-2, Medium Density 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 3rd day of February 1998. APPROVED: By. Fred Hanna, Mayor ATTEST: By: an ,f- eth, Deputy City Clerk ti n 9AU6�168 EXHIBIT "A" LEGAL DESCRIPTION FOR RZ98- 1 .00 Part of the Northwest Quarter of the Northwest Quarter of Section Nine in Township 16 North of Range 30 West of the 5th P.M., being described as follows, to-wit: beginning at the Northeast corner of said forty acre tract, thence South 210 feet for a beginning point, thence West 210 feet, thence North 60 feet, thence East 210 feet, thence South 60 feet to the point of beginning. 98061169 • � FILED FOR RECORD ' 9E RRR 19 Ply p 10 WASHINGTON CO AR K• HARNESS BILL OF ASSURANCE This declaration of a Bill of Assurance made this Z(e P41- day of 1:c �Qtr�Qt� aim 1998, by the undersigned owners of the following described real estate located in the City of Fayetteville, Washington County, Arkansas, and being more particularly described as follows, to -wit: Part of the NW 1/4 of the NW 1/4 of Section 9, T16N,R30W of the Fifth Principle Meridian in Washington County, Arkansas and being more particularly described as follows: Commencing at the NE Comer of said NW 1/4, NW 1/4, thence South 150.00 feet, thence West 30.00 feet to the P.O.B., thence South 60.00 Feet along the West R/W of Leverett Avenue, thence leaving said R/W West 180.00 Feet, thence North 60.00 Feet, thence east 180.00 Feet, to the P.O.B. Containing 0.248 acres more or less. Whereas, the aforesaid owner of the real property described above has secured the approval of the Fayetteville zoning map and rezoned the above described property from R-2 to C-2 and Whereas, the owners have promised and agreed to subject the development of said real estate pursuant to certain covenants and restrictions pertaining to 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 successors and assigns and the afore described real estate and its subsequent owners with the obligations and restrictions hereafter set forth for all present and future development and use of 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: 1. Owners shall not allow the distribution and sale of alcoholic beverages of any kind nor allow the property to be used for a night club, private club or dancer. WITNESS my hand and seal this day of�- 1998. on 616ry� r•. nq . v J r : Fi ono .n ' O 2 r, y; 13 98061170 " " " 1g- a � �� STATE OF ARKANSAS ) SS: 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, to me well (mown , who acknowledged that they had executed the foregoing Bill of Assurance far the consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public this ,2Q&tt�day of 1998. NotaryPu he My Commission Expires: b'1ON o . 98061171 98021895 1. coidelfu Nacpi'iebi eI�tlUIILbIA op, 14stuyl0la ReCO�:aerinid�ash�i, ':!+n I RWPB• tl0hnrdtIy Certli chat Ihls i%c � y �r it±WR WA IWd A! 'BWR� IP mY - • - of loo as indicEtl4ii norm �R@ t 8 @AMe to now duly recordsd with thn 6 flRW e eman! o RBnlncote fhercun In q;;t. , 9 6Pd'g4�B &B Ing so theroon. IN WIT1498$ WHg.R@QE, I hava hgpptln!4 Set my r ! ; hcnd m•d of liod Vte BOBI of Bald ©9Un on the date Indi- c: ;;o nwoon. Grind Clerk and MKMela Regard Y Ip ROOGF,derfhhWas ryPBto^ County@t�h dad 2K-efll0lo Alkart office gt In. 14100 rtWrjq np 1h�ltim�pRi�,'nd 110 hereby recorded HI nosl9 My �eredn IF uty ROOM 80ok and Po"Ent nd thereo t hand ndanxia,-118 YB81�B iel� 4110 hereunto cared hereon. uh entlieat my data Indl- leen Haman# y ICI k and Er,ON1010 Reoerder CiY ii . ORDINANCE NO. 4078 AN ORDINANCE REZONING �: 6 v THAT PROPERTY DESCRI- L .. BED IN REZONING PETITION RZ98. 1 .00 FOR A PARCEL STATE OF ARKANSAS 1 SS. FSB 13 102II CONTAINING APPROXIMATE- J} LY .29 ACRES LOCATED AT 1637 NORTH OF WEDING- County of Washington TON, WEST SIDE OF LEVER- Yrt Ind R,•+ ETT, SOUTH OF SYCAMORE, AS SUBMITTED BY JORGEN- HALFOFRICHARDSEN S ON BE; I, RANDALL COPE, hereby certify that I am the publisher of THE � BE IT ORDAINED BY THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second CITY COUNCIL OF THE CITY class mailing privilege, and being not less than four pages of five OF FAYETTEVILLE, ARKAN- Columns each, published at a fixed place of business and at fixed (daily) SAS: intervals continuously in the City of Fayetteville, County of Washington, sification of the of the following ;cion i, That the :one oras- Arkansas for more than a period of twelve months, circulated and t described property is hereby, distributed from an established place of business to subscribers and changed as follows: readers generally of all classes in the City and County for a definite price RZR9800 for the real property scribed in rtExhibit "A" attach- copy, or a p r annum,for each co fixed rice which rice was fixed at what p ed hereto and made a part is considered the value of the publication, based upon the news value hereat. and service value it contains, that at least fifty percent of the subscribers From R-2, Medium Density Dis- thereto have paid for their subscriptions to the newspaper or its agents trict to C-2, Thoroughfare Com- mercial District, or through recognized news dealers over a period of at least six months SMton2 That the official zon- and that the said newspaper publishes an average of more than forty ing map of the City of Fayette- percent news matter. ville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. I further certify that the legal notice attached in the matter of PASSED AND APPROVED � o� g this 3rd day of February, 1998. Q�oi AShQe APPROVED: By: Fred Hanna, Mayor was published in the regular daily issue of said newspaper for ' ATTEST. consecutive Insertions as follows: o Q6 By: Jane Heth, Deputy City �Cq Ld day of 19 [o Clerk The first insertion on the , EXHIBIT"A" LEGAL DESCRIPTION FOR the second insertion on the day of 19 RZ98-1.00 Pan of theNorthwest Quarter the third insertion on the day of 19 of the Northwest Quarter of Section Nine in Township 16 and the fourth insertion on the day of 19 North of Range 30 West of the Slh P.M., being described as follows, to-wit: beginning at the Northwest corner of said forty acre tract, thence South 210 feet for a beginning point, thence west 210-feet, thence Publisher / gneral Manager North 60 feet, thence East 210 feel, thence Sou, 60 feet to the point of beginning. Swum to and subscribed before me on this _/0 day of 'r1sCA_1�dL� U 19 qll e, t � nhene Sall otary Public My Commission Expires: ` ic, StateofAllc6n 1Dlgton County 1 My Commission Expires 02/27/05 ' Fees for Printing . .. . .. . .... . ... .. . .. .... ... ..... .. . .. . ..... ....$ Costof Proof. .. .... ..... .. ....... .................... ........ .. ..$ 2q Total. ... .. ..... ....... .. ......... .. . .. .... ... ....... ... ... . ... ... .....$ (o .