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Home My WebLink AboutOrdinance 3758 FILED FCR RECORD 194 IHR 8 fln 8 00 � T 14ASfllh � l , ii CO QR r to R� Q . KOH MEYER _ p -n r o r - ORDINANCE NO. 3758 m 3 m c� 0 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION R93-35 FOR A PARCEL �o CONTAINING APPROXIMATELY 5 .30 ACRES LOCATED ON THE NORTH SIDE OF WEDINGTON , WEST OF SHILOH REQUESTED BY RICK OSBORNE ON BEHALF OF CHERYL MILLER & GENEVA McFARLAND. 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: R93-35 for the real property described in Exhibit "A " attached hereto and made a part hereof. From R-2, Medium Density Residential 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 I above. PASSED AND APPROVED this 18th day of Ianuary 1994 . APPROVED : 1 e • By : red ^Hanna, Mayor 04fi ATTEST: By : AAA,, �A _ �,,,,,.r Thomas, City Clerk - ^ `�` ; " • Re -recorded due to Bill of Assurance . :.YtiY>„irk 94014400 1 C:;'RTIFICATE OF CC3[tli State of Arkansas Cit of ?ayetieviaae S3 O clo Thom,, City Clerk and Ex_ t)fPicao recorder for the City of nyetteviite, do hereby certify that tha annexed or for ;e+in^ is r office and of record I : ,•� (irdlnance c?c ►:e sxrte sr +tsars ah i?sYe can?fsYior� bt: h // � 4aIETpL' �Y� lot se t! e� "Cri^it and 19 C%�, ti:eM rn -tix J . Exhibit "A " LEGAL DESCRIPTION FOR R93-35 A part of the Southeast Quarter of the Northwest Quarter of Section 7, Township 16 North, Range 30 West, more particularly described as beginning at a point S 0008 '38 " W 590.01 feet from the Northwest Corner of said 40-acre tract; thence S 89039137" E 350.00 feet; thence S 00"08'38 " W 660.00 feet to the North right- of-way of Arkansas Highway No. 16; thence along said right-of-way N 89039'37 " W 350.00 feet; thence leaving said right-of-way N 00"08'38" E 660.00 feet to the point of beginning, containing 5 . 30 acres, more or less, Washington County, Arkansas. 94014431 cu, .- as in ._;o=d Go*% onr: I hour hcrount: . .t my hccd cnd .Jizzd Iho s.icl of wit' C^urt on tho r:"to h,.:icatcd lKxom f2ma ICo::-=ycr t:!rcuit CIC.'. and - •officlo Pxs_'ar by BILL OF ASSURANCE This declaration of a Bill of Assurance is made this 19th day of January , 1994 , by the undersigned Owners of the following described real property located in the City of Fayetteville , Washington County , Arkansas , and more particularly described as follows , to-wit : A part of the SE 1/ 4 of the NW 1/ 4 of Section 7 , T- 16 -N , R- 30-W , more particularly described as beginning at a point S 00 - 08 - 38 W 590 . 01 feet from the Northwest corner of said 40 -acre tract ; Thence S 89 - 39 - 37 E 350 . 00 feet ; Thence S 00 - 08 - 38 W 660 . 00 feet to the North Right-of-Way of Arkansas Highway No . 16 ; Thence along said Right-of-Way N 89 - 39 -37 W 350 . 00 feet ; Thence leaving said Right-of-Way N 00 -08 - 38 E 660 . 00 feet to the point of beginning , containing 5 . 30 acres , more or less , Washington County , Arkansas , WHEREAS , Owners of the real property described above have secured the approval of the Fayetteville City Council to amend the Fayetteville zoning map and rezone the above described property from R-2 , Medium Density Residential District to C-2 , Thoroughfare Commercial District ; and WHEREAS , Owners have promised and agreed to subject the development of said real property to certain covenants and restrictions ; and WHEREAS , Owners are desirous of executing 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 , heirs , and assigns , and to 9401443; restrict the use of the herein described real property as set forth herein , NOW THEREFORE , Owners declare the above described real property shall be held , developed , transferred , sold , conveyed , and occupied subject to the following covenants and restrictions , to-wit : ( a ) The real property shall not be used for sales of mobile homes . ( b ) The real property shall not be used to operate a self-service storage facility . ( c ) The real property shall not be used as a drag strip for racing cars . These restrictions shall run with the real property described herein until Owners or their successors in title , and the City of Fayetteville , Washington County , Arkansas , agree to cancel , waive , and set aside said restrictions and covenants , which agreement shall be reduced to a written document to be filed in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County , Arkansas . WITNESS our signatures : OWNERS : DENNIS ALAN EDGIN MARY EDGIN , S use of 164nnis Alan Edgin TAWANA HILLIAN LARRY HILLIAN , Spouse of Tawana Hillian DIALkEg HILL MAURY jfXLL , Spouse of Dalee Hill Page 2 94014433 GENEVA McFARLAND IVAN McFARLAN , ZSpouse of v Geneva McFarland BILLY bALE THOMAS MARY T OMAS , Spouse of PePe/46 Billy Dale Thomas PAU K . HO S S ' nrson RYL TOMAS MILLER , A Single Person ACKNOWLEDGMENT STATE OF ARKANSAS ) ss . COUNTY OF WASHINGTON ) On this the 3 /-4* day of January , 1994 , before me the undersigned office , personally appeared •Dennis Alan Edgin and Mary Edgin , known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained . IN WITNESS WHEREOF , I hereunto set my hand and official seal this 311�1 day of January , 1994 . 2& . &! Notary Public My Commission Expires : awk Ka 'ku 1100 Page 3 54014434 ACKNOWLEDGMENT STATE OF ARKANSAS ) ss . COUNTY OF WASHINGTON ) On this the � day of January , 1994 , before me the undersigned office , personally appeared Tawana Hillian and Larry Hillian , known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained . IN WITNESS WHEREOF , I hereunto set my hand and official seal this .sI ✓ day of January , 199 OFFUL ICIAL SEAL BRENCgILA�ppBEEN - ARKANSAS WASHINGTON COUNTY Nota My Commission Expires : ACKNOWLEDGMENT STATE OF ARKANSAS ) ss . COUNTY OF WASHINGTON ) On this the day of January , 1994 , before me the undersigned office , personally appeared Daleen Hill and Maury Hill , known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained . IN WITNESS WHEREOF , I hereunto set my hand and official seal this 3 ( day of January , 1994 2L Notary Public a��7 es : OFFICIAL SEAL ByyR-Ep�NggDA BEEN WASNIMF40N TN7 My Commission E Tres 02-14-00 Page 4 940144925 ACKNOWLEDGMENT STATE OF ARKANSAS ) ss . COUNTY OF WASHINGTON ) On this the 30 day of January , 1994 , before me the undersigned office , personally appeared • Geneva McFarland and Ivan McFarland , known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained . IN WITNESS WHEREOF , I hereunto set my hand and official seal this 30 day of January , 1994 , 20" Notary Public M4j Coj c res : OFFICIAL SEAL BRENDA BEEN } WASHINGTON COUNTY 1 My Commission Expires 02.14-M ACKNOWLEDGMENT STATE OF T�4-:5" ) ss . rGOUNTY—OF 51472- id6 ) On this the '7/ day of January , 1994 , before me the undersigned office , personally appeared Billy Dale Thomas and ✓ Mary Thomas , known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained . IN WITNESS WHEREOF , I hereunto set my hand and official seal this 3/ day of January , 1994 . Notary Public My Commission Expires : - a1 _ r/ S ,.•}� ORIA V�e.�, � FQ�p.RY Pu�li .9 Page 5 ' , 9f's 94014416 ACKNOWLEDGMENT STATE OF ARKANSAS ) ss . COUNTY OF WASHINGTON ) On this the 45- 6-- day of January , 1994 , before , m��t��h� �� undersigned office , personally appeared Paula K . Thomas Knodin P to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained , IN WITNESS WHEREOF , I hereunto set my hand and official seal this ( day of January , 1994 , ". Notary Public C 74Y i oOMV sion Expires : 41 t Ole ACKNOWLEDGMENT STATE OF ARKANSAS ) ss , COUNTY OF WASHINGTON ) On this the 3O day of January , 1994 , before me the undersigned office , personally appeared Cheryl Thomas Miller , known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained . IN WITNESS WHEREOF , I hereunto set my hand and official seal this day of January , 1994 Notary Public My Commission Expires : - - - - - - - -- - - - OFFICIAL SEAL oou �n NOTARY PUBLIC ! ARKANSAS WASHINGTON COUNTY Ery Comndssion Expires 0214-00 ' Page 6 94014437 ACCEPTED : CITY OF FAYETTE7rV�I�L�L�E� / By 1Zj4 ACKNOWLEDGMENT STATE OF ARKANSAS ) ss . COUNTY OF WASHINGTON ) InaP- C. On this the 7.G day of Y92ZI 1994 , before me the undersigned office , personally appeared for the City of Fayetteville , known to me to be the p rsons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained . IN WITNESS WHEREOF , I hereunto set my hand and official seal this 7t7k- day of 3aauar-y , 1994 . F-� �� Qti� -2;� ato= Nota y Public My Commission Expires : / 0 - � oz0oa low o Page 7 940144=?S I, arra Koumcyor, drain Clerk ane v ,. V Ex.officlo ftecc-eir is `. Ir•:rirgton CoWdy, Q o Artconsos, i • of-, ::Iat Iris lo- 0 `r sirumcnl •r - . :' in my offico '•. q- tl o indicr'.r , mo is now ' • . ' duty rccc. r. _ -':dgement , and c ... . . ,., .. .c_:d Book and Fag_ it .rcnn h -vo hereunto c1 my i ,:.. :.. ,.. . seal of sold Court m C. . ic.!:w:..i hcroom Nmo :: ..' r Circuit c'. .k or 1 &.-officio itcx:d-- by