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HomeMy WebLinkAboutOrdinance 2554 ORDINANCE NO . aSS '-I AN ORDINANCE REZONING THAT PROPERTY IN THE CITY OF `d FAYETTEVILLE , ARKANSAS , DESCRIBED IN REZONING PETITON NO . I17'9 - �+ T FOR A PARCEL LOCATED BETWEEN JAMES STREET AND WEDINGT N DRV Q APPROXIMATELY 300 FEET WEST OF NORTH GARLAND AVENUE . J BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 0f�j.� `� FAYETTEVILLE , ARKANSAS : Section 1 . That the zone classification of the following'eo S described property is hereby changed as follows : R79 - 24 described as follows : Part of the SE 1 / 4 , NE 1 / 4 , Sec . 8 , T- 16 - N , R- 30 - W , being more particularly described as follows , to -wit : Beginning at the SW corner of Lot 10 of McCormick Subdivision to the City of Fayetteville and running thence S 0039 ' W 525 , 671 ft , to the North Right Way of Wedington Drive ; thence N 89 ° 47 ' 40 "E , along said Right of Way , 80 . 56 feet ; thence N 0 ° 39 ' E 524 . 471 feet to the South line of said McCormick Subdivision ; thence N89° 21 ' . W 80 . 55 feet , to the point of beginning . Containing 0 , 97 acres more or less , less and except 160 ' of equal and uniform width off the entire South side of said property , From R- 2 , Medium Density Residential District , to C - 1 , Neighborhood Commercial District . Section 2 . That the zoning district map of the City of Fayetteville , Arkansas is hereby amended to reflect the zoning change provided in Section 1 above . PASSED AND APPROVED THIS c:p 154� DAY OF 1979 , APPROVED ; if P MAYOR � t r C.IT.y CC. . RM U0 27 DATEcFa ? s t980 REEL CERTI1FICATE OF RECORD STATE OF ARKANSAS Washington CO:mty SS. l• ALiin t- KD'I i ;ger, Cir;uit Clark and Ev--Offioio Recorder for Washinqton Covr. 1: .10 "r oby cari!f.' thy* y;c ann^e^d or fore- Coing instrument w .c l,la i for re:ordin m,. ofi:ce 0r tF.o day of _Q2/�—_S Qat//. y_Sy p clo^1a/0,7, and th= same is . .�' tZTTt'i�:iiC lii• t: EG'8R8 dulrres my in _�py�/ record d0�' 1 "� \'JitnOcs my hand and seal this`� -L at page ^�7 IBfty of Arkenvis ( S a2et 19 n Circuit Clerk and itv of Fnpetto :i'.le L Swrinne [; ^^•,ter - r'•: ,.,.i Ex-Of io Recorded By I�j w , 0 tic.__,, `T;_ . - .•t .. ._-- �rl;i r`n 3;k, qY �� :111(; : ; `� . .• . . rQ4 �n1y EJsu`.k :ui.ii �X-vt• i4Lo ;i<2�cori�gr BILL OF ASSURANCE JOHN VERNON WILSON AND VERNA G . WILSON , HUSBAND AND WIFE , AND PRESBYTERY OF NORTH ARKANSAS p This declaration of a Bill of Assurance made this / )F41v day of �p�/p�yL� CJ�� , 1979 , by John Vernon Wilson and Verna G . Wilson , husband and wife , XXXXKKW owners of the following described real estate located in the City of Fayetteville , Washington County , Arkansas , and more particularly described as follows , to -wit : Part of the Southeast Quarter of the Northeast Quarter of Section 8 , Township 16 North , Range 30 West , and being more particularly described as follows , to -wit : Beginning at a point which is 30 . 0 feet , West and 190 . 0 feet North of the Southeast Corner of said forty acre tract , and running thence West 311 . 46 feet thence N O1 ° 10 ' W 387 . 76 feet , thence N 89 ° 21 ' W 80 . 55 feet , to the Southwest Corner of lot 10 of McCormick addition thence N 0 ° 39 ' E 160 . 39 feet , to the North west corner of said lot 10 , thence S89 ° 21 ' E 310 . 29 feet , thence S 19 ° 39 ' E 198 . 96 feet , thence S 17 ° 40 ' E 68 . 88 feet , thence South 292 . 45 feet , to the point of beginning . Containing 4 . 01 acres more or less . Also , Part of the SE 1 / 4', NE 1 / 4 , Sec . 8 , T- 16 - N , R- 30 -W , being more particularly described as follows , to -wit : Beginning at the SW corner of Lot 10, of McCormick Subdivision to the City of Fayetteville and running thence S ° 39 ' W 525 . 671 ft . to the North Right Way of Wedington Drive ; thence N 89 ° 47 ' 40" E , along said Right of Way , 80, . 56 feet ; thence N 0 ° 39 ' E 524 . 471 feet to the South line of said McCormick Subdivision ; thence N89021 ' , W 80 . 55 feet , to the point of beginning . Containing 0 . 97 acres more or less , less and except 160 ' of equal and uniform width off the entire South side of said property . This legal description does not include any land or acreage owned within the right of ways of Highway 112 and Mt . Comfort road . WHEREAS , the aforesaid owner® -of the real property described above have secured the approval of the Fayetteville City Board of Directors to amend the Fayetteville zoning map to rezone part of the above described property from R- 2 , Medium Density Residential , to C - 1 , Neighborhood Commercial District ; and WHEREAS , the owners have promised and agreed to subject the development of all the above described real estate to certain covenants and restrictions pertaining to same ; and WHEREAS , the owners are desirous of making a declaration of the same in the form of this Bill of Assurance with the intention of guaranteeing the preservation of certain values and amenities in the community and to bind themselves , their heirs , successors and assigns and the aforedescribed real estate and its subsequent owners with the obligations and restrictions hereinafter set forth ® 1CG�8 28 for all present and future development and use of said property . NOW , THEREFORE , the owners declare that the above described real property shall be held , developed , transferred , sold , conveyed and occupied subject to the covenants and restrictions herein set forth : I . No ingress to or egress from said property shall be had from Wedington Drive . WITNESS our hands this C I/A day of 1979 . J9o//h!n Vern o�Qni1 Wi son Verna G . Wilson ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON BE IT REMEMBERED , that on this day came before the under - signed , a Notary Public , duly qualified , commissioned and acting within and for the aforesaid County and State , John Vernon Wilson and Verna G . Wilson , husband and wife , personally known to be the persons executing the foregoing Bill of Assurance , and stated that they had executed same for the consideration and purposes therein me ned and set forth . ; J/� Vi ess my hand and seal as such Notary Public on this da ., d� x 1979 . � � IA .r, y ' pi< Notar Pub is ` MsC/ n/98C/ es : ®�lil;0 �7