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HomeMy WebLinkAboutOrdinance 4184 F1LED FOR RECORD ' 99 NOU 3 Pn 2 56 WASHINGTON CO AR K. HARNES S ORDINANCE NO. 4184 AN ORDINANCE ACCEPTING AN AMENDED BILL OF ASSURANCE TO PROVIDE FOR ADDITIONAL USES ON THAT PROPERTY DESCRIBED IN RZ98-22, APPROVED IN ORDINANCE NO. 4175, AS SUBMITTED BY RICHARD OSBORNE ON BEHALF OF LITTLEFIELD INVESTMENT COMPANY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That the amended bill of assurance providing for additional uses on that property described in RZ98-22, approved in Ordinance No. 4175, is hereby accepted. A copy of the amended bill of assurance is attached hereto as Exhibit "A" and made a part hereof. PASSED AND APPROVED this 21 " day of S ptemher 1999. APPROVED: By: red Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerk ? Etr7� � G e 99099455 EXHIBIT A AMENDED BILL OF ASSURANCE This declaration of a Bill of Assurance is made this day of September, 1999, by Clem Johnson, successor owner to Littlefield Investment Co. of real property located in Fayetteville, Washington County, Arkansas, more particularly described as follows, to wit: A part of the Northwest Quarter (NW 1 /4) of the Northwest Quarter (NW I/4) of Section Twenty-three (23), Township Sixteen ( 16) North, Range Thirty (30) West, being more particularly described as follows: Beginning at the Northeast corner of said 40 acre tract, said point being an existing railroad spike in Happy Hollow Road; thence S89 ° 59'01 "W along the north line of said 40 acre tract 190.80 feet; thence S00 °22'50"E 141 .99 feet to a chiseled `X' in a concrete drive on the north right of way of State Highway 16E (Huntsville Road); thence S68 °26'03 "E along said right of way 205.70 feet to a set cotton spindle in Happy Hollow Road on the east line of said 40 acre tract; thence N00 °22'50"W 217.66 feet to the point of beginning, containing 0.788 acres, more or less, Fayetteville, Washington County, Arkansas. The above described 0.788 acre tract being subject to the right of way of Happy Hollow Road along the entire east boundary. WHEREAS, Littlefield Investment Co. applied to the City of Fayetteville for a re-zoning of the above described real property from C- 1 to C-2 on July 6, 1999; and WHEREAS, said rezoning was approved by the City Council by Ordinance 4175 ; and WHEREAS, Littlefield Investment Co., owner at that time, and Clem Johnson, present owner, desire to restrict the use of the property described hereinabove to a used car lot and/or automobile restoration and repair for a maximum of fifteen ( 15) vehicle to be located behind a six (6) foot wooden fence or any use allowable in a C-1 zoning. NOW, THEREFORE, Clem Johnson, present owner, hereby declares that the real property described herein shall be held, developed, transferred, sold, conveyed, and occupied subject to the restriction that if it is zoned C-2 by the City Council of the City of Fayetteville the use thereof shall be restricted to a "used car lot and/or automobile restoration and repair for a maximum of fifteen ( 15) vehicles to be located behind a six (6) foot wooden fence" (which requires C-2 zoning), or any use allowable in a C- 1 zone. In the event that said property ceases 99099456 to be used as a used car lot and/or automobile restoration and repair for a maximum of fifteen ( 15) vehicles behind a six (6) foot wooden fence for one (1 ) year, said property shall be rezoned to C- 1 by the City of Fayetteville. Nothing contained herein shall prohibit Clem Johnson from petitioning the City of Fayetteville for the removal of this Bill of Assurance or seeking a different zoning classification. Executed this _ day of September, 1999. CLEM JOHNSON STATE OF ARKANSAS ) )SS COUNTY OF WASHINGTON ) BE IT REMEMBERED that on this day came before the undersigned, a Notary Public, duly qualified, commissioned and acting within and for the aforesaid State and County, Clem Johnson, and stated that he had executed the same. Witness my hand and seal as such Notary Public this 5&4 day of September, 1999. „p�Wunnrr,,, of Public 1P.�oMM a y2J'; kay pi s: y .,��lo.a, ro .moo.;•Q�Qc 99099457 r "n:e r" Alm �01Rr a 4; e�jthif e11zy� end kx tfFtlr"ia S F o $4199 on ogntl4 +�tkansns, dR httregy opra that this insframent *vas Mod for rppory yin M officrrecorded as Iwnhathe PhIi wledaand pinpri m e!4 g�j lute thereon in Record eli4 and RgQq pe In�i¢@le.tpotoon. hand end oflixad�the aaaal of said CaUN on tho datpot nd cated hereon. I' ''thleo M?moge i C rk and amoffieta neenM,pr 4l8 4 STAFF REVIEW FORM • X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of September 21 , 1999 . FROM : Tim Conklin Planning Public Works Name Division Department ACTION REQUESTED : To approve an ordinance for RZ98-22 submitted by Richard Osborne on behalf of Littlefield Investment Company and successor owner Clem Johnson for property located at 1798 E . Huntsville Road . Ordinance #4175 rezoned this 0 . 788 acre property from C-1 , Neighborhood Commercial to C-2 Thoroughfare Commercial for the purpose of installing a used car lot . This request is for an amendment to that ordinance to allow automobile restoration and repair in addition to used car sales . COST TO CITY : Cost of this request Category/ Project Budget Category/ Project Name Account Number Funds used to date Program Name Project Number Remaining balance Fund BUDGET REVIEW : Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : Acco in ager Date ADA Coordinator Date C At y DaInternal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff did not recommend approval of RZ98 -22 . Planning Commission approved RZ98 - 22 at the regular meeting of January 11 , 1999 , with a vote of 5 - 4 - 0 . Mr . Forney, Ms . Hoover , Ms . Johnson , and Mr . Tucker voted against the motion . Staff now recommends in favor of allowing restoration and repair of automobiles in addition to used car sales in a C-2 zone for this property located at 1798 East Huntsville Road as associated with ordinance 4175 . to- 947 Cross Reference Psion He Date k�L % dg2 par Director I to New Item : Yes No dm1ni r i Services iat a Prev Ord/Res# : Dire r 9yayo e / Orig Contract Date : FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Janet Johns, Planning From: Heather Woodruff, City Clerk Date: October 11 , 1999 Attached is a copy of the ordinance amending the bill of assurance with Littlefield Investment for property described in RZ 98-22. The original will be microfilmed and filed with the City Clerk. CC. Tony Webb, Planning Ed Connell, Engineering