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Home My WebLink AboutOrdinance 2838 FILED OR RECol�G ORDINANCE NO . a'Y3 (982 AUG I 0 AM 9: 35 YAFON COUtdFY. ARN. Ali ORDINANCE REZONING THAT PROPERTY M REZONING PETITION NO . R82 - 10 FOR 0 . 48 AC ATED ON THE NORTH SIDE OF HIGHWAY 62 WEST , WEST OF OAK ROAD . 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 is hereby changed as follows : R82 - 10 described as set out in Exhibit "A" attached hereto and made a part hereof . From A- 1 , agricultural district , to C- 2 , thoroughfare commercial district . Section 2 . 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 %j/A5Lday of 1982 . ( APPROVED : D � / d :;,r MAYOR -^ .., a A. ST•FL '° :• < '. . ,�4 _ CGI NTS• 1 m1067 463 Exhibit "A" Part of the Wk of the NEI, of Sec . 19 , . T- 16 -N , R- 30 -W , more particularly described as follows : Beginning at a point on the North 'right=of-way of U . S . Hwy . 62 , which is West 526 . 1 -feet and South 18 ° 08 ' . East 69 . 0 feet , and South 68 ° 42 ' West 130 , 1 feet of the Southeast corner of the NW4 of the NE4 of said Sec . 19 , and running , thence North 180 08 ' West 232 . 2 feet , thence South 68 ° 42 ' West 90 . 0 . feet , thence . South 18 ° 08 ' East 232 . 2 feet , thence North 68 ° 42 ' East 90 feet to the point of beginning.. M1067 464 CERTIFICATE OF RECORS State of Arkansas ( SS City of Fayetteville (' I, Suzanne C. . Kennedy, City Clerk Ad Ex-Officio recorder for the City of Fayetteville, do hereby certify that the atancaed or fore- going is of record in my office and the same ap- peaars� yin Ordinance & Resolution book X 11 1 at page- -• Witness mr ha d and seal this - y , l y lerk and E"- - CERTIFICATE OF RECORD / STATE OF ARKANSAS SS. Washincton County I , f,lma L. Kollmeycr, Cirrcit Clzr:c and Ex-officio Recorder for Wcshington County, c:o hcrcty cc, tl`•y that th^ amcecd1o�fore- Coin - ' trcmcnt wa' V df r rrcccorrd inmycfficccn :hrl day cl ^1-9p—.L.zJt�,.b•chcl<—Nl an, .. PsaM,g�jl1is dulyly recor recorr' IO ,.t page7k3 Witness my hand and seal is t -day of 19 Circuit Clerk and y Ex-Officio Racer ed B Deputy Clerk • STATE of ARKANSAS 1 County of ,Wa�,shin_g_t�on I, G ft�poy H hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a dally newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at a fixed (daily) Intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed at what Is considered the value of the publication, based upon the news value and service value It contains, that at least fifty percent of the subscribers thereto have paid cash for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months; and that the said newspaper publishes an average of more than forty percent news matter. ORDINANCE NO.AN ORDINANCE REZZONING ZI further certify that the legal notice hereto attached in the matter of THAT PROPERTY DESCRIBED IN '- REZONING PETITION NO. Role FOR 0.1111 ACRES LOCATED ON THE n �J G •? �/ •NORTH SIDS OF .HIGHWAY C // /��/.» OO of D WEST, WESTOF OAK ROAD. BYTHESDARD ..or DIRECTORS OFTHECITY OF was published in the regular dally issue of said newspaperfor� e FAYEITE Vn.LE.ARKANSAS: . section 1. That the was etwiRc. , ;, consecutive insertions as follows: ,tion of the following described popes ..ty BI-10d changedastout in. The first insertion on the LtL da of Z 19 RaLtached hedasastom d a pen Y '"A" scathed haeW end made • Sart Iwr.d. •1, 1 the second Insertion on the da of 19 Ptnn A•1, �Qkvlturs dlnrkl, b Y Section 2. lbscontmewlslaced. i Section 1. 7hs lay olliW Tatung . map cNngeb theCity provided Whecta the third insertion on the day of 19 t the seeiaeedd in Section t above. and the fourth insertion on the day of 199 PASSES AND APPROVED this ltd del of August, ISM t; APPROVED: ` ✓" t t �' I•J^M/C�W�_ . Ped R.Noland MAYOR CITYOlivi Sworn to and subscribed before me on this day of t5eab : -' a `: ',�.. u'' yy�9 I , -IS R R■-W. ae t Part of the WW of the NEW of Sec de bt6N. RJ?W, more intungparticularlyta , daseribed ante aft rifollows: t-of wa oat a pWp( os the Nash Wed 5 qey of and Notary ublic Hwy. I Which Ela West et, fat ars . .\ dr 43 la• ae' Ea1l meta feat, and south \ �, • . ea• er wast 130.1 red or UseNEV4 ofSoutheast mid My Commission ^Expires: ' Samtseel.. and NWW of uKNEW Ne aid \ r o ' ` 03 Sec. es and tuoning, Iwet =2 feet, themse So North uth 88* a' : t . :Wes 90.0. feet, thencr $Y 0Y t - • ' r East m1 fo lhNeth • w- afeal to the Norm CEast lro polelol Irca / - heglvsryt I-utia 1 �CCOUyIa Ie. r`�"esfor Printing — $ . • .•\` . r1. . � 71 .1 \� Cost of Proof — $ Total _ $ r BILL OF ASSURANCE 1982 AUG I. 0 , �A 3' 33 This declaration of a Bill of Assurance ,TYpad�'I K IT OU �[?K day of „� 1982 , by Wilford C . Oso ) � �K, %Serene V . Osburn , owners of the following described reale estate located in the City of Fayetteville , Washington County , Arkansas , and more particularly described as follows , to-wit : Part of the Wz of the NE,;, of Sec . 19 , T- 16 - N , R- 30 -W , more particularly described as follows : Beginning at a point on the North right - of-way of U . S . Hwy . 62 , which is West 526 . 1 feet and South 18 ° 08 ' East 69 . 0 feet , and South 680 42 ' West 130 . 1 feet of the Southeast corner of the NW4 of the NE4 of said Sec . 19 , and running , thence North 180 08 ' West 232 . 2 feet , thence South 68 ° 42 ' West 90 . 0 feet , thence South 18 ° 08 ' East 232 . 2 feet , thence North 68 ° 42 ' East 90 feet to the point of beginning . WHEREAS , the aforesaid owners of the real property described above have secured the approval of the Fayetteville City Board of Directors to amend the Fayetteville zoning map and rezone the above described property from A- 1 , Agricultural , to C - 2 , Thoroughfare Commercial ; and WHEREAS , the owners have promised and agreed to subject the development of said real estate pursuant 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 successors and assigns and the aforedescribed real estate and its subsequent owners with the obligations and restrictions hereinafter set forth 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 : iwiOV 474 V6 I . No retail liquor store shall ever be located on the above described property . WITNESS my hand and seal on this day of 1982 . WILFOV C . OSBURN / LSERENE V . OSBURN 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 County aforesaid , duly commissioned and acting , Wilford C . Osburn and Serene V . Osburn , to me well known , who acknowledged that they executed the foregoing Bill of Assurance for the consideration and purposes therein mentioned and set forth . WITNESS my hand and seal as such Notary Public this 1982 . \ 1 ` NA ary Public / c"i-s� ion expires : GG ,1067 47 ' CERTIFICATE OF RECORD STATE OF ARKACSAS ss. WashinL, County � T� rN I, Alma L. K01191", 'Cr, Circlit Cle.'., and I."^{"-�.o ;aco:C^^-r for � ..' Washington Couni7, c:o lnr^`:y cart:9, th't orfore- tJ:^ �" ' '��''d g0in 'n•trumcnt Was !il..J fcr rccorc: inca :icc = " l '`' I�aY Z.t � 'I� ° '.1 , samo is 01 duly recorded m— r_..crf.� t , - pt Witness my hand and se"1 t L da'! of ._1964, Circuit Clerk and Ex-Officio Record By Deputy Clerk