HomeMy WebLinkAboutOrdinance 4292 • ED FOR RECORD
? 01 MY 8 PSI 2 43
WASHING iUN CO AR
B. STAMPS
ORDINANCE NO. 4292
AN ORDINANCE ACCEPTING AN AMENDED BILL OF
ASSURANCE TO PROVIDE FOR USE OF A METAL FENCE ON
THAT PROPERTY DESCRIBED IN RZ98-22, APPROVED IN
ORDINANCE NO. 4175 AND AMENDED BY ORDINANCE NO.
4184, 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 use of a metal fence on
that property described in RZ 98-22, approved in Ordinance No. 4175 and amended in Ordinance
No. 4184, 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 _ day of_z 001 .
APPROVED:
` , � FIArt ! If`/f
By:
. l Charles D. Coody, Mayor
k :
Heather Woodruff, City Cfreirk
2001051 518
ord . 4292
Exhi
EXHIBIT A DKci
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZ98-22
A part of the Northwest Quarter (NW1 /4) of the Northwest Quarter (NW1 /4) of
Section Twenty-Three (23), Township Sixteen ( 16) North, Range Thirty (30) West,
being more particularly described as follows: Beginning at the Northeast comer 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
S00022'50"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, AR. The above described 0.788
acre tract being subject to the right of way of Happy Hollow Road along the entire
east boundary.
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2001 051 519
i, Bette Stamps, Circuit
to Washington Cle'; '3'd Ex
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that this insttrumsn oa-es f A k-. '�` ao nC'O
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IN WITNFS Wh^ c �'
hand and atfxaf cFEC• , I hqV? tnrun"� ; rc
rated here n. tna -ea; of s4id Court oil rh, Y Betty Stamps
Cirait Clerk a ;' . ;`Fcio f?';'n�der
by
NAME OF FILE: Ordinance No. 4292
CROSS REFERENCE: Ord. No. 4175-99 and Ord. No. 4184-99
02/20/01 Ordinance No. 4292
Exhibit "A" (Legal Description for RZ98-22)
05/03/01 Amended Bill of Assurance
09/21 /99 Ordinance No. 4184
09/30/99 Exhibit "A" (Amended Bill of Assurance)
09/21 /99 City Council Minutes (Page 11 )
08/03/99 Ordinance No. 4175
Exhibit "A" (Legal Description for RZ98-22)
08/03/99 City Council Minutes (Pages 3-7)
01 /11 /99 Minutes of Planning Commission Meeting (Pages 32-34)
02/06/01 Staff Review Form
03/08/01 Departmental Memo from City Clerk
04/13/01 Proof of Publication
NOTES :
ORDINANCE NO.
AN ORDINANCE ACCEPTING AN AMENDED BILL OF
ASSURANCE TO PROVIDE FOR USE OF A METAL FENCE ON
THAT PROPERTY DESCRIBED IN RZ 98-22, APPROVED IN
ORDINANCE NO. 4175 AND AMENDED BY ORDINANCE NO.
4184, 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 ofAssurance providing for use of a metal fence on that
property described in RZ 98-22, approved in Ordinance No. 4175 and amended
in Ordinance No. 4184, 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 day of , 2001 .
APPROVED:
By:
Dan Coody, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZ98-22
Apart of the Northwest Quarter (NW 1 /4) of the Northwest Quarter (NW 1 /4) of Section Twenty-Three
(23), Township Sixteen (16)North, Range Thirty (30) West, being more particularly described as follows:
Beginning at the Northeast comer 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 022'50"E 141 .99 feet to a chiseled "X" in aconcrete Drive on the North right ofway 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, AR. The above described 0.788 acre tract
being subject to the right of way of Happy Hollow Road along the entire east boundary.
t
• O> �/Z 92
AMENDED BILL OF ASSURANCE
Amen
This declaration of a Bill of Assurance is made this day of S 2001 , by As°�
Clem Johnson, successor owner to Littlefield Investment Co. of real property located in the City of
Fayetteville, Washington County, Arkansas, and more particularly described as follows, to-wit:
A part of the Northwest Quarter (NW 1 /4) of the Northwest Quarter (NW 1 /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, AR. 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 rezoning 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) vehicles to be located behind a six (6) foot metal
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 it if 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 metal fence" (which requires C-2 zoning), or any use
2001 051 520
allowable in a C- 1 zone. In the event that said property ceases 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 metal
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.
WITNESS my hand and seal this day of MO ,,-v---.-2001 .
Clem Johnson
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)SS.
COUNTY OF WASHINGTON )
Now on this 3 day of 2001 , came before me, the undersigned
Notary Public within and for the aforesaid County and State, Dennis Caudle, who acknowledged that
th jydhk&&-gted the foregoing Bill of Assurance for the consideration and purposes therein mentioned
' 4ilet set forth. 1p
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OT111rc�
• t U VVMES& rjry hand and seal as such Notary Public this 3� day of Yn
•�• f � � � .' , Notary Public �
My Commission Expires a0�
2001051 521
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Copy
Ord. 4
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 71 ' day of September 1999.
APPROVED:
By:
red Hanna, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
E r?t, l
NI
n_ .c
• 0 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 1 /4) of Section
Twenty-three (23), Township Sixteen (16) North, Range Thirty (30) West, being more e n
particularly described as follows: Beginning at the Northeast corner of said 40 acre tract, em
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
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 3CW 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 day of September, 1999.
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