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HomeMy WebLinkAboutOrdinance 5048.'t BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS Ord 5CY4 Doc ID: 018653740002 Type: REL Kind: PROTECTIVE COVENANT Recorded: 06/24/2019 at 03:09:15 PM Fee Amt: $20.00 Page i of 2 Washington County, AR Kyle Sylvester Circuit Clerk File2019-00018260 In order to attempt to obtain approval of a request for a zoning reclasslrlcatlon, the owner, developer, or buxer.of this property, (hereinafter "Petitioner") 91<5 %f<A99A) SfARK , hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/ Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's o;�5;p, Az 2ew shall be Iimited to � 44 Eb s�V� 2. Other restrictions including number and type of structures upon the property are limited to " l� of IV e— M n i -r -z- r—U C INV''`' 3. Specific activities will not be allowed upon petitioner's property 4. (Any other terms or conditions) 0Yd 5JAi 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with C111 the to sand conditions stated above, I, �'i�l�� �') 4�2i=, 3 �AAI<L as the owner, developer•or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. -Z Date Printed Name .52 ©z I�CaUGG1 �l� i� Ad �7,: Al Signature NOTARY OATH STATE OF ARKANSAS COUNTY OF WASHINGTON And now on this the9"V1, dray of 200 �� appeared before me,k Cis t 14 `( t h -�%-Vy- S and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. NOTARY PUBLI My Commi sion Expires: z -T' U1 -TNE-Y ;�► 40 c�N co., P Washington County, AR I certify this instrument was filed on 06/24/2019 03:09:15 PM and recorded in Real Estate File Number 2019-00018260 Kyle SylvesterCircuit Clerk by It w Doc ID : 011503050003 Tvoe : REL Recorded : 08/27/2007 at 11 : 09 : 58 AM Fee Amt : 825 . 00 Page 1 of 3 Washington Countv . AR Bette Stamos Circuit Clerk File 0032798 ORDINANCE NO. 5048 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 07-26375 FOR APPROXIMATELY 0.64 ACRES, LOCATED AT 504 EAST 15TH STREET FROM R-O, RESIDENTIAL OFFICE TO C- 1 , NEIGHBORHOOD COMMERCIAL. 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: From R-O, Residential Office to C- 1 , Neighborhood Commercial, as shown on Exhibits "A" and "B" attached hereto and made a part hereof. Section 2: That the rezoning of the subject property is subject to the Bill of Assurance offered by the applicant as shown in Exhibit "C" attached hereto and made a part hereof. Section 3 : That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section 1 above. 00�RKiTR `•� � ° • . . . •E9s PASSED and APPROVED this 711, day of August, 2007. \IY 0 •Gp - U • APPROVED: ATTEST: c eFAYETTEVILLE ; . ys.9AKANSP�Jam:, "'Jill 111i By: Gn DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer ® CAI : z : r t ' r �'jl C. y i r F 5 l x 4 j 1 r Z zi k IT a t t t 1 r t l x�ft'fyS` ;• ' ya.3�a+,�' u ` '4c s �r' # - . 1RcE''sy'�s' scx ' Tr Ell -8t Z, o 1 � 41 EXHIBIT "B" RZN 07-2637 A PART OF THE SOUTHEAST QUARTER (SE 1 /4) OF THE NORTHWEST QUARTER (NW 1 /4) OF SECTION TWENTY-TWO (22) IN TOWNSHIP SIXTEEN ( 16) NORTH, RANGE (30) WEST, DESCRIBED AS BEGINNING AT A POINT EAST 20.0 FEET AND NORTH 00 DEGREES 10 MINUTES 20 SECONDS EAST 40.0 FEET OF THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT; THENCE NORTH 00 DEGREES 10 MINUTES 20 SECONDS EAST 154.00 FEET, THENCE EAST 180.00 FEET, THENCE SOUTH 00 DEGREES 10 MINUTES 20 SECONDS WEST 154.00 FEET, THENCE WEST 180.00 FEET, TO THE POINT OF BEGINNING, CONTAINING 0.636 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. Washington County, AR I certify this instrument was filed on f 08/27/2007 11 :09:58 AM and recorded in Real Estate File Number 2007-00032798 Bette Stamps - Circuit C r by i J BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or bler.of this property, (hereinafter "Petitioner") 1Q1Mhal) :5t?PY AK5 %f1141�zt� SiA;yg , hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/ Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioners rezoning is, approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to 2. Other restrictions including number and type of structures upon the property are limited to .:V / ltd IL M fl 3. Specific activities will not be allowed upon petitioner's property in�cl7u�d�e, ��j�r��"� Sr�'�`�1U�S ��i�U�?�,��� fy'►` �j��'VG - " _ 4. (Any other terms or conditions) F Arkansas Democrat IFOgizene ink Lai at I;11W*4111 61 ,- Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571 -6415 AFFIDAVIT OF PUBLICATION I , Kate MacNaughton , do solemnly swear that I am the Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication , the advertisement of City of Fayetteville: Ordinance No. 5048 Was inserted in the Regular Editions on: August 18 , 2007 Publication Charge: $84 . 40 Subscribed an sworn to before me Thi ay of /1vg (n4 , 2007. Notary Publ 7aniostkaeon Notary Pi iq State of A&mm Waabiagton Cii My Commission Expires: ` � f I I L` MYCommissioafxpims11ASA4 **NOTE,* Please do not pay from Affidavit. Invoice will be sent. RECEIVED AUG 2 2 2007 CITY OF FAYETTEVILLE CITY CLERKS OFFICE ctD�±a� arirt�L tcrsszaI�Al� s'.rf� aitd�Aps��"at2 ±Q'ram� rxrfi3ni�9>:nW' , &FSC^tf migrii roiazimnu� v`�; �. " - .' i � s '7 � . , � r r ,- r i . Saturday, August 18, 2007 ( ri ORDINANCE NO. 5048 L AESCRIB DINR REZONING THAT PROPERTY ayereflile DESCRIBEDINREZONING PETITION RZN LOCATED AT FOR APPROXIMATELY 0.64 ACRES, LOCATED AT 504 EAST 15TH STREET FROM R-0, RESIDENTIAL' OFFICE TO C•1, NEIGHBORHOOD COMMERCIAL. ARKANSAS BE IT ORDAINED BY THE CITY COUNCIL r ;. OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the zone classification of the following described property is hereby changed as fol- Iows: From R-O, Residential Office to C-1, Neighborhood Commercial, as shown on Exhibits "A" and "B" 1, 4 attached hereto and made a part hereof. - Y . • Section That the rezoning Exhigofihesubjectproperty is mallet to the Bill of Assurance offered by the applicant as shown In Exhibit "C attached herald and made a part hereof. $ec8orT3: 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 August, 2007. APPROVED: z ATTEST: By. By. DAN GOODY, Mayor SONBRA E. Still City Cladr/M1aasarer .Exhibit A is a map and may beviewedIn the office of the City ctertoireasurer during normal business hours. 1 EXHIBIT "B" - RZN 07-2637 1 A PART OF THE SOUTHEAST QUARTER ISE 1/4) OF THE NORTHWEST QUARTER (NW 1J4) OF gggl 'SECTION TWENTY-TWO(22) IN TOWNSHIP SIXTEEN (16) NORTH. RANGE (30)WEST, DESCRIBED 3 - ASBEGINNING ATAPOINT EAST 20.0 FEETAND NORTH00DEGREES 10 MINUTES 20 SECONDS {I EAST 40.0 FEET OF THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, THENCE NORTH 00 DEGREES 10 MINUTES 20 SECONDS EAST 15400 FEET, THENCE EAST 180.00 FEET, THENCE W SOUTH DEGREES 10 MINUTES 20 SECONDS WEST 154.00 FEET, THENCE WEST 180.00 FEET. A TO THE POINT OF BEGINNING, CONTAINING 0.636 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. RECEIVED AUG 2 2 2007 CITY OF FAYE17EVILLE CITY CLERK'S OFFICE P7 POPS OLD TIME BAR-B-QUE 56 q �? WILLARD AND KAREN STARKS OWNERS IfzW O7 4a637/ 504 E. 15TH STREET Sim K s FAYETTEVILLE, AR 72701 FAYETTEVILLE CITY CLERKS OFFICE, JULY91692007 THIS NOTICE IS TO INFORM YOUR OFFICE OF OUR INTENTION TO 1 APPEAL RZN 07-2637 . THIS REQUEST WAS DENIED AT THE PLANNING COMMISSIONS MEETING OF JULY 9, 2007. FROM THE CONVERSATIONS I'VE HAD WITH THE STAFF, PLANNING COMMISSION MEMBERS AND THE CITY ATTORNEY. IF I HAD GIVEN ASSURANCES THAT THE PROPERTY WOULD NEVER BE USED FOR PURPOSES DETRIMENTAL TO A RESIDENTIAL , NEIGHBORHOOD , THESE NEGATIVE VOTES COULD HAVE BEEN AVOIDED.. WE WILL COMPLETE THE DOCUMENT REQUIRED AND HOPE THAT WILL AID OUR REQUEST. r T ��yKC�Y U LI L D KAREN STARKS RECEIVED CONTACT INFORMATION 5009 BOULDER LANE JUL l 0 2007 FAYETTEVILLE,AR CITY OF FAYETTEVILLL CITY CLERK'S OFFICE PHONES POPS OLD TIME BAR BBQ 442-9966 FARMS "N HOMES 582-2828 WILLARDS CELL 445-7014 d w.d Zr vwb �a ps Old Irma (,wazl Apt a &587, ti 7/3//v,e7 -PW VIU, 8117/0r7 ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 07-2637, FOR APPROXIMATELY 0.64 ACRES, LOCATED AT 504 EAST 15T" STREET FROM R-O, RESIDENTIAL OFFICE TO C- 1 , NEIGHBORHOOD COMMERCIAL. 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: From R-O, Residential Office to C- 1 , Neighborhood Commercial, as shown on Exhibits "A" and "B" attached hereto and made a part hereof. Section 2: That the rezoning of the subject property is subject to the Bill of Assurance offered by the applicant as shown in Exhibit "C" attached hereto and made a part hereof. Section 3 : That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section I above. PASSED and APPROVED this day of 12007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer RZN07-2637 STARKS Close Up View 4 � '; R 7 - v 1. S SA.'. 14 �„ Y� q 7r> 9•a4 8 1a 'r . a n R i n '� 71 ! t x u 43 ay y x yx t•, r ry a Pi Y h � �h Nd" L i . i YT 42' e 4 it e "yes ✓u « 5 1 b - r 16 W4 d r41 1 will I .;'; �"I. <1 61 p� SUBJECT PROPERTY ` k, �". n 1 Sx � P J". i X W ... . p y�S qy .'.� r TL,'ti'. N ) "('+i t "F nG L z F' t {V"' 1 1 $�. . P z e Y � J xuy K ^ H yer, 5 �i d�: w J y J 3 - [ .., 4 ri h r ya, -ay s44 R ! rye ';. 7 x4 '� r+r a Z4 ?-iR ,L@` % �~ d It F �a P. 7 } '". tint ,r2 I�v?Sfdj Nil g,� Y, Z , +. . 'h.tY4 T om . rrrr p I 6yX+ + I W W - R, O 4 :c41. ..�, j- y, . 4 a I I. H "Kj �Yt"iY z A ^ Y'Ill +�,t* e 4, 3 6' "sx�¢ +y�i' ` 'i.� ,y $ y y } a r'• 4 �' . ' x aY pTt7j` *1?1 T}`' f t �yv r r ' Oct d '`yyy,' Y- '✓rti} qG r 4 .y 75+ir""i _ z c ab- ' K g k3+ne '�t"_ .i �a .,r` � "s '` r`'re'>+Y+I% ��' ' h^�w• �� "zwP -tF' a Ii F;pi`` y� W{ �if4A � ' ` ' fq '4°- dx i4�Ilitiq�' t �'+ `` k t4 *,� F, v .� s,�+ Ar �4t �` '.�* . �'3 7 r- t e'_�„x'' # r�•'Yl. 1 .''sq' dry i s aR 'r't`�y»sF, M,�,' .iF a ^r e 3 . ( „y If 7u rt�x {w`i. r h x rte` fq r s . �^f " ' tilt » r r S' x � n.� a"I .y o.Z? #' ;'-. pa i1Ria � k"* z. vx r aN ,¢. xn x A c atm 3Sr` ' r{ .• t A h8 ' ` e". . tk" '"� IL ejl kl. 'a b s. f 1 •v'�x ^,rz i y +• f t a� ' :isb '.l .; �'� i v x G..L i+x � ,, t x R "- ., Ak .0 v rf it Il11 OI 4 i , �`�f� Ali ar IA - �. . a. �-.1: Overview o.._... 0 37.5 75 150 225 300 Feet EXHIBIT "B" RZN 07-2637 A PART OF THE SOUTHEAST QUARTER (SE V4) OF THE NORTHWEST QUARTER (NW /) OF SECTION TWENTY-TWO (22) IN TOWNSHIP SIXTEEN ( 16) NORTH , RANGE (30) WEST, DESCRIBED AS BEGINNING AT A POINT EAST 20.0 FEET AND NORTH 00 DEGREES 10 MINUTES 20 SECONDS EAST 40.0 FEET OF THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT; THENCE NORTH 00 DEGREES 10 MINUTES 20 SECONDS EAST 154.00 FEET, THENCE EAST 180.00 FEET, THENCE SOUTH 00 DEGREES 10 MINUTES 20 SECONDS WEST 154.00 FEET, THENCE WEST 180.00 FEET, TO THE POINT OF BEGINNING, CONTAINING 0.636 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS.