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HomeMy WebLinkAboutOrdinance 3591 FILED FOR RECORD "92 " 5 Pn 2 37 Wgs `1INCTON CO AR q . KOLLMEYER ORDINANCE NO , 3591 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION R92 - 2 FOR A PARCEL CONTAINING APPROXIMATELY 3 . 4 ACRES LOCATED ON THE NORTH SIDE OF WEST SIXTH STREET ( A/K/A HIGHWAY 62 )01hN0 WEST OF SHILOH DRIVE . 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 : R92 - 2 for the real property described in Exhibit "A" attached hereto and made a part hereof . From R- 2 , Medium Density Residential , to C- 21 Thoroughfare Commercial , subject to a Bill of Assurance attached hereto as Exhibit " B " and made a part hereof . 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 4th day of February , 1992 . APPROVED : By . Mayor ATTEST • ' ; B City ' rk "9. s Exhibit "A" LEGAL DESCRIPTION FOR R92- 2 Part of the Northwest Quarter ( NWk ) of the Northeast Quarter ( NE'k ) of Section 19 , Township 16 North , Range 30 West of the Fifth Principal Meridian , Washington County , Arkansas , being more particularly described as follows ; Beginning at a point that is N 89041157 " E , 1318 . 24 feet and South 383 . 24 feet from the Northwest Corner of said Northwest Quarter ( NWk ) of the Northeast Quarter ( NEk ) ; thence South 540 . 33 feet ; thence S 68000117 " W , 226 . 71 feet ; thence N 37050157 " W , 56 . 69 feet ; thence N 2 ` 03 ' 31 " W , 569 . 17 feet ; thence N 87 ` 29 ' 03 " E , 265 . 7 feet to the point of beginning and containing 3 . 40 acres , more or less . 92 0660 CMIMCATE ®F RF.0 RD State of Arkansas City of Fayetteville SS I, Sherry Thomas, City Clerk and Ex Officio recorder for the City of Fayetteville, do hereby certify that the annexed or foregoing is of record in my office and the same appears in Ordinance & Resolution book xxyi at Page Fitness seal s day of 19 C .Y Geri EXHIBIT " B " BILL OF ASSURANCE This declaration of a Bill of Assurance made this day of , 1992 , by the undersigned , owner of the following real estate described in Exhibit "A" attached hereto and made a part hereof located in the City of Fayetteville , Washington County , Arkansas . WHEREAS , the aforesaid owner of the real property described in said Exhibit "A" has petitioned the Board of Directors of the City of Fayetteville , Arkansas , for the rezoning of said property to C-2 , Thoroughfare Commercial ; 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 aforementioned property shall contain only mini-storage unite and to bind the owners and the owners ' successors and assigns of said property 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 owner declares that the above described real property Shall be held , developed , transferred , sold , conveyed and occupied subject to the covenants and restrictions that said property shall only contain mini-storage unite . A WITNESS my hand this #— day of 1992 , SAM MATHIA ACKNOWLEDGEMENT STATE OF ARKANSAS ) SS : 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 , Sam Mathias , to me well known , who acknowledged that they had 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 day of 199X rotary Public / � v My Commission Expires : EXHIBIT A Part of the Northwest Quarter ( NW 1/4 ) of the Northeast Quarter ( NE 1/ 4 ) of Section 19 , Township 16 North , Range 30 West of the Fifth Principal Meridian , Washington County , Arkansas , being more particularly described as follows , to- wit : Beginning at a point that is N 89041157 " E , 1318 . 24 feet and South 383 . 24 feet from the Northwest Corner of said Northwest Quarter ( NW 1/4 ) of the Northeast Quarter ( NE 1/4 ) ; thence South 540 . 33 feet ; thence S 68000117 " W , 226 . 71 feet ; thence N 37050157 " W, 56 . 69 feet ; thence N2003131 " W, 569 , 17 feet ; thence N 87029103 " E , 265 . 7 feet to the point of beginning and containing 3 . 40 acres , more or less . / I, Alma Kollmeyer, Circuit Clerk and Exofficio Recorder for Washington County, Arkansas, do hereby certify that this in- strument was filed for record in my office as indicated hprP. p nam: th« so^ o 7 • nw duly recorded win+ *he rk. ow;•>;• nt and certif.cam thoreo- ir ::cora Boo: and Pogo as indicnied thereon. IN WITNESS WKEREOF, I have hereunto set my hand and affixed the seol of said Court on the date indicated hereon, Almo Kollmeyer Circuit Clerk and &officl R"qer by �I)� STATE of ARKANSAS as. County of Washington L I, • rte' ' � hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily 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 (dally) 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. _CE _ _ _ _ VI further certify that the legal notice hereto attached in the matter of IO DRINANNO__3591 PASSED APPROED_ th'is� 4th day'of February, 1992. / _� / AN ORDINANCE REZON- APPROVED: /Y /m diN /JO / 11 2n I ING THAT PROPERTY DE- By: Fred S. Vorsanger ((G(ii(WWWT/yy'LLLLI/�L (X/ rl `/ SCRIBED IN REZONING Mayor PETITION R92-2 , FOR A ATTEST: PARCEL CONTAINING AP- BY: Sherry L. Thomas was published in the regular daily issue of said newspaper [or PROXIMATELY 3.4 ACRES City Clerk consecutive Insertions as follows: LOCATED ON THENORTH Exhibit "A" SIDE OF WEST SIXTH LEGAL DESCRIPTION FOR / ,,�/t STREET (A/K/A HIGHWAY R92-2 The first Insertion on the 1_ day of 19 `^_ 621'. WEST OF SHILOH Part of the Northwest Quar- DRIVE ter (NW'/, ) of the Northeast ' BE IT ORDAINED. BY Quarter (NE'/. ) of Section the second Insertion on the day of 19 THE BOARD OF DIREC- 19, Township 15 North, TORS OF THE CITY OF Range 30 West of the Fifth F A Y E T T E V I L L E ,. Principal Meridian, Washing- the third Insertion on the day of 19 ARKANSAS: ton County, Arkansas, being , Section 1 .. That the zone more particularly described and the fourth insertion on the -- d / 19 classification of the follow as follows: Beginning at a Ing described property is point that is N 89'41 '57" E, hereby changed as follows: 1318.24 feet and South . R92-2 for the real prop. 383.24 feet from the North- any described in Exhibit '''rest Comer of said North "A" attached hereto and west Quarter (NW'/. )- of the Sworn t0 and subscribed before me on this I day of "do a part hereof. Northeast Quarter INEV, ); From R-2, Medium Den- thence South 540.33 feet; ,1 sity Residential, to C-2, thence S 68.00'17 " W. A'X..VV 1.9 Thoroughfare Commercial, 226.71 feat: thence N subject to a Bill of Assur- 37.50457" W. 56..69 feet; ante attached hereto a, �Ex- thence N 2' 03'31 " W. _ hibit "B" and made a part 569. 17 feat: thence N hereof. 87.29'03" E, 265.7 feet to , Olary PU C Section 2. That the offi- the point of beginning and ' containing 3.40 acres, more offal ayette map of ns City My Commission Expires: of Fayetteville. Arkansas, is or leas. 9 - 0 - 0 / 1 hereby amended to reflect Vf ©/ — 0 / the zoning change provided / in Section 1 epove. Fees for Printing — 5 (lost of Proof —. S Total _ S i� i' CiEIVe FER 2 C; 1992 FiiiANCe DEPT,