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
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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.
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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