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HomeMy WebLinkAboutOrdinance 2392 FILED FOR RECORD ORDINANCE NO . a39A 077 NOV 29 AP 9: 07 WASHINGTON COUNTY AN ORDINANCE REZONING THAT PROPERTY IN THE CIT RKANSAS FAYETTEVILLE , ARKANSAS , DESCRIBED IN REZONING PETIT r ��+ Y�'OR TWO TRACTS TOTALING 15 . 8 ACRES LOCATED ON THE SOUTH 5 D 0� ARKANSAS HIGHWAY 62 WEST AT ITS INTERSECTION WITH RAZORBACK ROAD , AMENDING THE ZONING DISTRICT MAP OF FAYETTEVILLE , ARKANSAS : AND FOR OTHER PURPOSES . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the zone classification of the following described property be , and is hereby changed as follows : R77 - 40 , Tract 1 , described as follows : Parts of Sections 16 , 17 and 20 , Township 16 North , Range 30 West , being more particularly described as follows , to Wit : Beginning at an existing fence corner which is 716 . 0 feet West and 195 . 0 feet North of the Southeast corner of the SW 1 / 4 of the SE 1 / 4 of said Section 17 , said fence corner being at the intersection of the South right of way of State Highway 62 and the East right of way of an existing road , and running thence N 86 ° 0 ' E . along said South highway right of way and an existing fence , 690 . 0 feet to an existing fence corner post on the South right of way of said Highway 62 , thence S 80 ° 30 ' E , along said highway right of way , 42 . 0 feet to an existing fence corner post , thence N 86 ° 0 ' E , along said highway right of way and an existing fence , 920 . 0 feet , thence S 88 ° 30 ' E , along said highway right of way and an existing fence 390 . 0 feet to the intersection of said right of way and the Section line between Section 17 and Section 16 , thence South , along said Section line , 10 . 0 feet to the right of way of State Highway 62 , thence S 86 ° 45 ' E , along said right of way 170 . 0 feet , to the intersection of the South right of way of said highway , and the West right of way of Garland Avenue , thence S 05 ° 0 ' E , along the West right of way of Garland Avenue , 131 . 0 feet , to a point which is 10 . 0 feet :forth of the centerline of the St . Louis - San Francisco Railroad , thence Westerly , paralleling said railroad centerline 10 . 0 feet North., and following an existing fence , on a radius of 1156 . 28 feet a distance of 310 . 0 feet , thence S 83 ° 0 ' W , paralleling 10 . 0 feet to the North of the centerline of the St . Louis - San Francisco railroad and follow an existing fence , 1340 . 0 feet , to the intersection of this line and the South right of way line of a 17 . 0 feet wide railroad loading spur , thence following said railroad , paralleling 8 . 5 MICROFILMED wm 949 21 M l y979 R@Ff 1 7 feet South of the centerline of said spur the following centerline curve radii ; radius of 603 . 11 feet a distance of 70 . 0 feet , a radius of 477 . 46 feet a distance of 132 . 0 feet , a radius of 477 . 46 feet a distance of 242 . 0 feet , thence N 84 ° 30 ' E , paralleling 8 . 5 feet south of said spur centerline , 325 . 0 feet to a point 8 . 5 feet East of the end of said spur track , thence N 05 ° 30 ' W 17 . 0 feet , to a point 8 . 5 feet West and 8 . 5 feet North of the end of said spur track , thence S 84 ° 30 ' W , paralleling 8 . 5 feet North of the centerline of said spur , 325 . 0 feet , thence paralleling 8 . 5 feet to the North of said spur centerline the following radii and distances , a radius of 477 . 46 feet a distance of 244 . 0 feet , a radius of 477 . 46 feet a distance of 132 . 0 feet , a radius of 603 . 11 feet a distance of 105 . 0 feet , to a point 10 . 0 feet North of said spur , thence S 83 ° 30 ' W , paralleling 10 . 0 feet to the North of said spur centerline , 515 . 0 feet , to the East right of way of an existing road , thence N 05 ° 54 ' W , along said road right of way and an existing fence , 271 . 0 feet to the point of beginning . Containing 10 . 82 acres , more or less . Rezoned from I - 1 , Heavy Commercial and Light Industrial District , and R- 2 , Medium Density Residential District to I - 2 , General Industrial , District . R77 - 40 , Tract 2 , described as follows : Also part of the Northeast Quarter of the Northeast Quarter of Section 20 , Township 16 North , Range 30 West , being more particularly described as follows , to Wit : Beginning at a poing which is 12 . 11 feet South of the Northwest corner of said forty said point is also 10 . 0 feet North of the centerline of the St . Louis - San Francisco Railroad , thence N 83 ° 0 ' E , paralleling said railroad centerline 10 . 0 feet to the North , 99 . 40 feet to the North line of said Northeast Quarter of the Northeast Quarter , thence East , along said forty line , 725 . 00 feet , thence South 266 . 5 feet , thence West 823 . 66 feet to the West line of said Northeast Quarter of the Northeast Quarter , thence North , along said forty line , 254 . 38 feet , to the point of beginning . Containing 5 . 02 acres , more or less . Less and except that portion containined in railroad right of way in the Northwest corner of herein described tract . Leaving 15 . 83 acres totally described . From R- 2 , Medium Density Residential , District , to R- 0 , Residential Office , District . 949 f . Section 2 . That the official zoning map of the City of Fayetteville , Arkansas , be and is hereby amended to the extent and in the respects necessary to effect and designate the necessary changes provided in Section 1 hereof . Section 3 . That all ordinances or parts thereof in con - flict herewith are hereby repealed . PASSED AND APPROVED THIS 14t DAY OF 1977 . APPROVED : MAYOR ;ATTEST : 0 / r • 3 • CXT tCL;ERK 9 4 •7 CERTIFICATE OF REGURU r" I rate cf fiSS r' " ''� of r a; tte; ;Ile Oi ARM ,PISAS ) ,.. t ^ne tivoolc, Cit Clerk and Ex- I;inaton County ) Officio rc-co-der for the City o: Payetteville, tonia co llmeye hereultce ti and t the annexeto d or for ; e e i. c . � c` �.t;; Cl:at the annexed or fore-N'a�� I, ton County, do hereby Certify that the annexed or fore gcui„ instrument was filed for record In my office on the hay aoin;; is of record in my offiiR and the same of -2Zgg2._r. i97 at . W(oc M, and the same is appears in � �LIJZ. RX—JkAGC�.hook duly recorded in :R--record at paged 13 hand end seal thl i9� — -- at page _��,�. Witness my yBtriess my hand and seal this — __ day of Circuit Clerk and Fx- ffici iecorded " Deputy Clerk City Clerk and Ex-Officio Recorder M 941 -9 ' 15 F 1 ! �. G / J C rj 177 DEC 14 Phi 136 4i/, SPI INGTON COIiNTY :, RKANSAS BILL OF ASSURANCE � L11 ItOLLI it '(_' OF AYERS FURNITURE INDUSTRIES AND FULBRIGHT INVESTMENT COMPANY THIS DECLARATION of a Bill of Assurance , made this 25th day of October , 1977 by and between AYERS FURNITURE INDUSTRIES , an Arkansas corporation , and FULBRIGHT INVESTMENT COMPANY , an Arkansas corporation , hereinafter sometimes called "LESSEE" and " LESSOR/OWNER" , respectively , of the following described real property located in the City of Fayetteville , Washington County , Arkansas , more particularly described as follows , to-wit: Parts of Sections 16 , 17 and 20 , Township 16 North , Range 30 West , being more particularly described as follows , to-wit: Beginning at an existing fence corner which is 716 . 0 feet West and 195 . 0 feet North of the Southeast corner of the SW 1/ 4 of the SE 1/ 4 of said section 17 , said fence corner being at the intersection of the South right of way of State Highway 62 and the East right of way of an existing road , and running thence N 860 01 E , along said South highway right of way and an existing fence , 690 . 0 feet to an existing fence corner post on the South right of way of said Highway 62 , thence S 800 301 E , along said highway right of way , 42 . 0 feet , to an existing fence corner post , thence N 860 01 E , along said highway right of way and an existing fence , 920 . 0 feet , thence S 880 301 E , along said highway right of way and an existing fence , 390 . 0 feet to the intersection of said right of way and the Section line between Section 17 and Section 16 , thence South , along said Section line , 10 . 0 feet to the right of way of State Highway 62 , thence S 86° 45' E , along said right of way , 170 . 0 feet , to the intersection of the South right of way of said highway and the West right of way of Garland Avenue , thence S 05° 0 ' E , along the West right of way of Garland Avenue , 131 . 0 feet , to a point which is 10 . 0 feet North of the centerline of the St . Louis-San Francisco Railroad , thence Westerly , paralleling said railroad centerline 10 . 0 feet North and following an existing fence , on a radius of 1156 . 28 feet a distance of 310 . 0 feet , thence S 830 01 W , paralleling 10 . 0 feet to the North of the centerline of the St . Louis- San Francisco Railroad and follow an existing fence , 1340 . 0 feet , to the intersection of this line and the South right of way line of a 17 . 0 feet wide railroad loading spur , thence following said railroad , paralleling 8 . 5 feet South of the centerline of said spur the following ( �L i WADE, McALLISTER, WADE & BURKE, P.A. MICROF[W.ED ATTORNEYS AT LAW DATE R 2 0 1919 P. o. eox laoo REEL,_ V FAYETTEVILLE, ARKANSAS 72701 Page 2 Bill of Assurance centerline curve radii : radius of 603 . 11 feet a distance of 70 . 0 feet , a radius of 477 . 46 feet a distance of 132 . 0 feet , a radius of 477 . 46 feet a distance of 242 . 0 feet , thence N 840 30' E , paralleling 8 . 5 feet south of said spur centerline , 325 . 0 feet to a point 8 . 5 feet East of the end of said spur track , thence N 050 30' W 17 . 0 feet , to a point 8 . 5 feet West and 8 . 5 feet North of the end of said spur track , thence S 840 30' W , paralleling 8 . 5 feet North of the centerline of said spur , 325 . 0 feet , thence paralleling 8 . 5 feet to the North of said spur centerline the following radii and distances , a radius of 477 . 46 feet a distance of 244 . 0 feet , a radius of 477 . 46 feet a distance of 132 feet , a radius of 603 . 11 feet a distance of 105 . 0 feet , to a point 10 . 0 feet North of said spur , thence S 830 30' W , paralleling 10 . 0 feet to the North of said spur centerline , 515 . 0 feet , to the East right of way of an existing road , thence N 050 54' W , along said road right of way and an existing fence , 271 . 0 feet to the point of beginning . Containing 10 . 82 acres , more or less . Also part of the Northeast Quarter of the Northeast Quarter of Section 20 , Township 16 North , Range 30 West , being more particularly described as follows , to-wit: Beginning at a point which is 12 . 11 feet South of the Northwest corner of said forty , said point is also 10 . 0 feet North of the centerline of the St . Louis-San Francisco Railroad , thence N 830 0 ' E , paralleling said railroad centerline 10 . 0 feet to the North , 99 . 40 feet to the North line of said Northeast Quarter of the Northeast Quarter , thence East , along said forty line , 725 . 0 feet , thence South 266 . 5 feet , thence West 823 . 66 feet to the West line of said Northeast Quarter of the Northeast Quarter , thence North , along said forty line , 254 . 38 feet , to the point of beginning . Containing 5 . 02 acres , more or less . LESS AND EXCEPT that portion contained in railroad right of way in the Northwest corner of herein described tract . Leaving 15 . 83 acres totally described . WHEREAS , the aforesaid LESSEE and LESSOR/OWNER of the real property hereinabove described have in the manner and form required by law made application for the rezoning of said property to I - 2 and R- 0 and have further made application to the Board of Adjustment for a variance in the building set-back and maximum usable area for building purposes , and WHEREAS , said applications are now pending before the Fayetteville Board of Directors , and Fayetteville Board of Adjustment for their recommendation and consideration , and 9 NO 71 13 Page 3 Bill of Assurance WHEREAS , the LESSEE and LESSOR/OWNER execute this Bill of Assurance to bind themselves , their heirs , successors and assigns in the hereinabove described real property and its subsequent owners , pursuant to the terms and provisions hereof , with the obligations and restrictions hereinafter set forth for all present and future development and use of said property , and WHEREAS , it is contemplated that AYERS FURNITURE INDUSTRIES will execute an option to purchase said above described real estate from FULBRIGHT INVESTMENT COMPANY , and accordingly said AYERS FURNITURE INDUSTRIES binds itself to indemnify and hold harmless FULBRIGHT INVESTMENT COMPANY from any and all expense incurred in the performance of this Bill of Assurance , and WHEREAS , there is attached hereto as Exhibit "A" and made a part hereof by this reference hereto , Neal B . Albright , Engineer , Survey and Plat Drawing Number 7717 P-I2 , which contains thereon a legend and identification of buildings . NOW , THEREFORE , the LESSEE and LESSOR/ OWNER declare that the above described real estate should be held , developed , transferred , sold , conveyed and occupied subject to the covenants and restrictions hereinafter set forth: 1 . That the buildings identified as Numbered 2 , 3 , 5 and 18 on Exhibit "A" hereto shall be removed and the sites thereof cleared . 2 . That the buildings identified as Numbered 1 , 4 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 and 17 shall be repaired structurally and exteriorally , and painted and maintained in a proper condition . 3 . That a fence and/or hedge shall be constructed or implanted and properly maintained along the North boundary of the above described real estate . 4 . That the approximate 5 . 02 acres of the above captioned real estate located South of the St . Louis-San Francisco Railroad right-of-way shall be maintained in a clean and presentable condition . 5 . That those portions of buildings Numbered 8 and 10 reflected on Exhibit "A" hereto which are within the proposed 80 foot right-of-way for Razorback Road m 9419 79 Page 4 Bill of Assurance shall be removed at the expense of AYERS FURNITURE INDUSTRIES . THIS AGREEMENT executed the date and year first above written . ATTEST : AYERS FURNITURE INDUSTRIES LESSEE ATTEST : FULBRIGHT INVESTMENT COMPANY By � s �,. �, . LESSOR/OWNER 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 aforesaid county and state , duly commissioned and acting , personally appeared cTfiry G, fp EAd and or 72. C2,1-77d , stating that they are the President an fSeecretary of AYERS FURNITURE INDUSTRIES , and duly authorized in said capacities to execute the foregoing Bill of Assurance on behalf of said corporation , and did so execute for the consideration and purposes therein mentioned and set forth . WITNESS my hand and seal as such Notary Public this Z *day of November , 1977 : — � 1 r :. `a. u .N Notary Publi My V)Mmissi \ n Expires: qty Commission Expires Aug. 15, 1978. STATE OF ARKANSAS ) ) ss ACKNOW L E D G M E N T COUNTY OF WASHINGTON ) BE IT REMEMBERED that on this day came before the undersigned , a Notary Public , within and for the aforesaid county and state , duly commissioned and acting , 5419 72u Page 5 Bill of Assurance personally appeared Lai �w �, � and stating that they are President and Sec etary of FULBRIGHT INVESTMENT CO ANY , and duly authorized in said capacities to execute the foregoing Bill of Assurance on behalf of said corporation , and did so execute for the consideration and purposes therein mentioned and set forth . WITNESS my hand and seal as such Notary Public this ,;Z"uday of November , 1977 . Notary Pfiblic 0- ? . . .'. CU . -$Y-Comriiiskon. Expires: lo t. , - 411 CERTIFICATE OF RECORD i 'IrF OF ARf-,AtJSAS I Warlun,ton County I SS. f' Alr,ia E. KollmayerI Circuit Clerk and Ex-Officio Boin,ginstRecorder for Washington, Count , do hereby cerii:y thai ih„ ru -• c4) Yt Was Bled for record in i ' annexed or fore- of 19 „ 3 > or ice on the day dutY recirtlet injp FYI, and th+ same is Witness �rcc.,r;; my hand and seal this /% day of ge Q� —at paJ/7 _197 CircLit an Ex-C : 9Y CIO N o:ded .k 1�{pfyNyASCE NO.M AN UHIyN,{NCE REWMNG THAT PROPERTY W THE Crfv. or FAYET TEVILLE. ARKANSAS, DBED IN STATE of ARKANSAS REZONING RETITI(1N B41'�M p' Twol TRACTS TOTALING IE.► ACRES IACATED ON THE SOUTH SIDE OF County of Washington l ARKANSAS HIGHWAY ar WEST AT ITN IriTNROAD. CTION WITH E ZONING ROAD, ,\MENDING THE ZONING n .�(^na(•jJ/\,/ I Dy -R OTIIE VD.LE. FIM OTBER PUR I, _ hereby certify that I r It I am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily DBtIPTHE BOARD OF THE CITY. of newspaper having a second class mailing privilege, and being not less than R1tAKSAQ:. -- rale d 1 tour pages of five columns each, published at a fixed place of business and at oed ply a fixed ( daily ) intervals continuously in the City of Fayetteville, County of sseln'ifs tbl Washington, Arkansas for more than a period of twelve months, circulated PanayySYctram K]7 mall a, 'Cdlahf!Yp and distributed from an established place of business to subscribers and iY NYrB11 karge m weft, hisg mare readers generally of all classes in the City & County for a definite price for ppfanidularlJ deecrthed as follows. so Wil: Begtankt- 90 an existing farce clause each copy, or a fixed price per annum, which price was fixed at what is which is 71at1 fen West slid Id Ofdl Notdh of the t:ouelrat comer of 91014 atthe considered the value of the publication, based upon the news value and Sri i ofraid Se tuan 17, eyiit fere career . service value It contains, that at least fifty percent of the subscribers Hing at re!'irtleMetthat N the Bmth right of way a Elsie Highway m urs the East thereto have paid cash for their subscriptions to the newspaper or its agents md, and rig running thenht of ce N d degrees of an o tnnutes E or through recognized news dealers over a period of at least six months ; along did South laglemnghl of way ala and that the said newspaper publishes an average of more than forty percent an ue issv fence. el het to an isletina fence corner past an the South right of way news matter. of said y oft, thinglical F d dagred. 3DgeW atnbl�B..JMSS sold II right or way, at.gppg►Ao an I further certify that the legal notice hereto attached in the matter of existing fence mrwr 'PDKI N d degrees U minutes E. along sac highway feehbd way and an existing [ance, 910E feet. thence S d y rightof ]U minuted E. along said highway way and n --- existing ten" 980.0 feelet10 the Intersection ` A said right d way and the Section line was published in the regular daily issue of said newspaper for--- -"" utween Section 17 and Section 18. thence - ---- Scum. along acid Section line, IOU feel to consecutive insertions as follows : the tight Of way of Stale Highway M ounce S d degrees S minae E. slung \'i -in .._ day of _r .t.... ---- 19.. ._.\.. tersttlinn nr the Swth right a way lar said highway, and the Wal right of way of uaI-land Avenue. thence S m degrees U the second Insertion on the _ ___. _._ day of .. .... 19............ minutes E. along the West right of war of (I Want . aenue 1x10 feet m a plant .: ,cvcl all, .l the third Insertion on the ___ ... day of _ ........... ----_-----_ 19-----------. s . do a radms M r.,. rl 1114 1e o jduu f 11%•M teed a and the fourth insertion on the a1 use.9a 1«I a _ day of ________--.._._._ 19.__._... ;arae a . pYoueing 10.9 h7l to �T v sofas W. pgeYludef the kat to the '' ` 1 r.hdlh cdlalieeddee St. an existing •+;•• L' ) 1 raisaro 0 haft. to and follow an n of this n ' rotFh tmetxettou or this Sworn to and subscribed before me on this eI_ ____ day of ._-_--_.._.__ int n.5 feet East d ------------.._ L_t'fi-.C-��a.=--_. 19._ .1_ t at LoViotvld urc ' 1 I 11 nous I auth N W I �W, a 1 otos E. Va II Ing NP V enterLre 925Uleel << to a qt a or the end of said "— ----"-- a/va G/` spur track, llwrxe N 05 degrees .l0 minutes No Public W 170 feet ton poral R.5 fee! West and 85 hat North Of the end of said spur track. Nvlhdsl Quarter of Use theme S at degrees as minutes W, My Commission Expires : Q^u,a ar,er •hav,• Nr...•h y,n:dleliut 95 feet North tit the centerline -aid spun M a feet, thence paralleling „a h, Ila• radii dsaidstyecenterline i. � oI, 7 * Tee radii and denatures.M.. a radius �a:yLtfQ;;F__� .,ulr„ea tignl I al the Nenhwesl of a::.as tees n distance a taQ.0 feel. x i r�/ cocoa a herein sleauibed tris, Lanvlg Ie.Oaerd rug9r•w.snhag. radius d ITa.gR tecta NsWoae�a[1R.Pfdet ►Tad R-x Sfais pouaHy RygaNyl• a aced d out 11 Etter L SNtlrfxre d the o Fees for Printin ..... �• Ds►Ie( Is Ra aeYleglrl Olflre feel. los B ._..... 9. .. _—_-_... 0 • ^• ..• n Eta 9arthAgaaM r. - Dsectio. thlrcP ,. ,1,•grMh a0 Ytes _ section VOYno U"M.as uO� [peers paralleling we Teel to Bea NoeW a k Cost of Proof sea al Raytltrai•d, All►aYada, Mead 111 ..-- _.-.....__..._ is fart M the spur ttnof ;an 5750grto the Fist N Us - ..__. 9_.--. - tr111dYdIT b slidcausing and defbrlate of way of an now Avg. dress rias /\-';1 Rte ryctrespects Y of aaa i sa me nulla W.dbngsac read rl ht Total =--.J_ L _- l urepr. ry 'iOed in Section th w ay arc an eaamt( hntt. 2:1 n lest it,Roc ""------"-- Ihe pomr d bdglrinMA Co��afniaal 10'a Section 3. That all arginases or parr. .,nes. more or themoriM. condkl herewith are hen•n repealed . RPloneel fian+ 14F (kavv Cummertixl PASSED AND APP ROVED THIS Ise and Ra DAVLight Industrial District. and Ntedlum Ikmny Residential District to ht APPROVED General Industrial. District F,rionl E. Lancaster R7 b. Tract T, described as follows MAYOR 11so part of the Northeast Quarter of the ATTEST: \nrlhesw Quarter of Section ht. Township Darlene We:+tbrunk North. Range 10 West. Ming mark. I'ITN' ('LF.RK I Ula rh deserhari :u fol l in s. to Nr 'tical ' lane .it ., lxunl winch 1, 12 11 Ice•• IN It i a.,. �.,, n... ._ nr•.,” of �, 1 . ..