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Home My WebLink AboutOrdinance 3656 FILED FnR RECORD 093 JAN 8 RM 9 55 WASNi /vGTON CO 41? ORDINANCE ORDINANCE NO. 3656 f`3 tj AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION R92-36 FOR A PARCEL CONTAINING APPROXIMATELY .37 ACRES LOCATED ON THE NORTH SIDE OF WEDINGTON DRIVE, WEST OF RUPPLE ROAD REQUESTED BY HOYET GREENWOOD ESTATE. 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: R92-36 for the real property described in Exhibit "A " attached hereto and made a part hereof. From C- 1 , Neighborhood Commercial 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 17th day of November 1992. APPROVED:��//�0 By : / . Fre'd' Hanna, Mayor ATTEST: B Sherry;• • 3�xntias,.. i j+ erk ., n 93 01259 CERTIFICATE OF RECORD State of ArKinsps ( SS Utv of Fap�:te-Mle I, `1•srry 'fl .e tics§, City Clerk and Ex- officlo recorder £or the City of rcaaet;evli ?, eo I;e eby certify that the ar.rimed or foc �rnnc is of record in ray office and the same appears in Ordinence Fx Resolution frisk XVII at Fede " itnesy and .3 vy' sm e • � . tills qday of � az �, . �� ✓ Ciel �^.fe;y. d E::-o meto OR✓ecoorriver k � Exhibit "A" LEGAL DESCRIPTION FOR R92-36 A part of the Southwest Quarter of the Northeast Quarter of Section 12, Township 16 North, Range 31 West, being more particularly described as follows: From the Northeast Corner of the Southwest Quarter of the Northeast Quarter of said Section 12, thence South 990.00 feet to the Point of Beginning, thence N 8952' W 232.00 feet, thence South 98 .00 feet, thence S 8952' E 232.00 feet, thence North 98 feet to the Point of Beginning, containing .37 acres, more or less, Washington County, Arkansas. Subject to the Arkansas Highway 16 Right-of-Way along the South side, the Rupple Road Right-of-Way along the East side, and any other rights-of-way and/or easements of record. 93 01259 Exhibit " A" A part of the Southwest Quarter of the Northeast Quarter of Section 12 , Township 16 North , Range 31 West , being more part- icularly described as follows : From the Northeast Corner of I.- the the Southwest Quarter of the Northeast Quarter of said Section 12 , thence South 990 . 00 feet to the Point of Beginning , thence N 89052 ' W 232 . 00 feet , thence South 98 . 00 feet , thence 589052 ' E 232 . 00 feet , thence North 98 . 00 feet to the Point of Beginning containing C7) acres , more or less , Washington County , Arkansas . Subject to the Rupple::Road Right-of-way along the East side , and any other rights-of -way and/or easements of record . 93 01260 BILL OF ASSURANCE This declaration of a Bill of Assurance made this 16th day of November , 1992 , by the undersigned , owners 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 owners of the real property described in said Exhibit "A" have agreed that only an electrical company dealing in trades and services will be constructed and operated on .the property listed in Exhibit "A" ; 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 preser - vation of certain values and amenities in the community and to bind the owners and the owners ' successors and assigns and the real estate described in Exhibit "A" 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 : The owners hereby agreed that only an electrical company dealing in trades and services shall be constructed and operated upon the property described in the attached Exhibit "A" . This property shall be held , developed , transferred , sold , conveyed and occupied subject to the convenants and restrictions herein set forth . WITNESS our hands this 16th day of November , 1992 . ACKNOWLEDGEMENT < STATE QT r" SAS ) j�Y, ' i `l � •� �' tC'�•c ) SS : Y•S1 +' '• ' ..,CQjIN4Y.FF WASHINGTON ) QBE IT IT REMEMBERED that on this day came before the undersigned , a Notary Pub ' c , within and for the county aforesaid , duly commissioned and acting , to me well known , who acknowledged that they had exe&utef 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 e..t I n lasps A, 1992 , Notary Public My Commission Expires : Jtt��9 3 01261 3 �! / q � I, Alma Kollmoyer, Circuli Clerk and G-officio Czccrdcr for VJchin7:on Ccun y, Crtancc;, do h,u.;y ca.fy t;r.t I:i'. in- strumcnt is ^y of ;w as indiccmd i:c:- _a cn:: .h iJ i.; now duly recorded •.v:::i :::., r!:ro:•.!- d�.m int and cart;,-iccto t.: .. cera in rcco:d Cook and Page as ind;ccl_. I:.creon. IN WITK=j Vh : -...,:.L.', I havo horounto set my hand and a:8r:ci tno soal of sold Court on 8:o dato ind:..a:,;d hereon. Alma Ko!l.r.c+ -r Circuit Clc. : c rd &-officio ^ocordor by U STATE of ARKANSAS 1 ORDINANCE NO. 3666 County Of Washington AN ORDINANCE REZON- ING THAT PROPERTY DE- '1 SCRIBED IN REZONING PETITION 89238 FOR A I, hereby certify that I PARCEL CONTAINING AP- am the publis of TH NORTHWEST ARKANSAS TIMES, a daily newspaper PROXIMATELY' .37 ACRES having a Second class Iir1 privilege, and being not less than four pages of five LOCATED ON THE NORTH mB g lfi B g P B SIDE OF WEDINGTON columns each, published at a fixed place of business and at a fixed (daily) intervals DRIVE. REST OFQUESTED RUFFLE continuously in the Ci of Fayetteville, Com of Washington. Arkansas for more ROAD REQUESTED BE y City y ry g H O Y E T GREENWOOD than a period of twelve months, circulated and distributed from an established place i ESTATE. of business to subscribers and readers generally of all classes in the City and County � BE IT ORDAINED BV THE I CITY COUNCIL OF THE for a definite price for each copy, or a fixed price per annum, which price was fixed CITY OF FAYETTEVILLE, at what is considered the value of the publication, based upon the news value and ser- AR tion Section t.1. That the i : vice value it contains, that at least fifty percent of the subscribers thereto have paid ons classification of the follow- cash for thew subscriptions to the newspaper or its agents or through recognized news hereby changed as follows:described property is I dealers over a period of a least six months; and that the said newspaper publishes an 89236 for the real property I average of more than forty percent news matter. described in Exhibit "A" at- taoned hereto and made a part hereof. I further certify that the legal notice hereto attached in the matter of From C-1 , od Neighborho1 Commercial District or od I 1 /It�C/.rV�A.C.(�K,•X^J ..CT Thoroughfare Commercial District. Section 2. That the official was published in the regular daily issue of said newspaper for zoning map of the City of Fayetteville, Arkansas. is consecutive insertions as follows: hereby amended to reflect p the zoning change Provided The first insertion on the of Ltl � 19 in Section 1 above. n day PASSED AND APPROVEDI this 17th day of November, I the second insertion on the da of 19 1992. y APPROVED: By: Fred Hanna, Mayor the thud insertion on the day of 19 ATTEST : By: Sherry L. Thomas City Clerk and the fourth insertion on the day of 19 Exhibit 'A' LEGAL DESCRIPTION FOR R92-36 A part of the Southwest Quarter of the Northeast Publsher / General Manager Quarter of Section 12, Township 16North, Range 31 West, being more parti- culady .described as follows: Sworn to and subscribed before me on this day of From the Northeast Corner ( of the Southwest Quarter , O n of the Northeast Quarter of rfY 19qJ, said Section 12. thence South 990.00 feet to the Point of Beginning, thence l N 89.52' W 232.00 fast, thence South 98.00 feet thence S 89452' E 232.00 Notary Public feet. thence North 98 feet) ( to the Point of Beginning, , containing .37 acres. morel i or less.,Washington Courlty. 1 My Commission Expires: Arkansas. Subject to the, Arkansas Highway 16 Right- of-Way along the South `7 side, the Rupple Road Rightof-Way along the East i sitle, antl any Other rights- of-way and/or easements of I record. '- — Fees for Printing $ Cost of Proof $ Total $ '33 a2 REGc � v at✓ DEC 171992 FINANCE DEPT•