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HomeMy WebLinkAboutOrdinance 3937 IL FILED FOR RECORD = '95 NOU 17 PR 2 36 "IASHINCTON CO AR K. HARIJESS ORDINANCE NO. 3937 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION R95-25 . 1 FOR A PARCEL CONTAINING APPROXIMATELY A TOTAL OF 209.62 ACRES LOCATED EAST OF GREGG, NORTH OF 71 BYPASS, AND WEST OF HWY 71 BUSINESS AS REQUESTED BY MEL MILHOLLAND ON BEHALF MARJORIE S . BROOKS AND NANCHAR, INC. 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: R95-25 . 1 for the real property described in Exhibit "A " attached hereto and made a part hereof. From A- 1 , Agricultural District to C-2 Thoroughfare Commercial and C-2 Thoroughfare Commercial with Restrictions. 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 7th day of November 1995 . APPROVED ' Q By: ( //G Fred Hanna, Mayor ATTEST: By : Traci Paul, City Clerk SFS. max . .' , 95062336 EXHIBIT "A" LEGAL DESCRIPTION FOR R95-25 . 1 A part of Section 26 described as the NW 'A and all that part of the NI/2 of the SW 'A , NW 'A of the SE'b and SW 'k of the NE 'k lying North and West of the Northwesterly Right-of-Way of U .S. 71 Bypass; And part of the W'h of the SW IA , Section 23, lying South of the centerline of Clear Creek; All lands located in T-17-N, R-30-W, and more particularly described as commencing at a State Monument at the SE corner of said Section 27; Thence along the East boundary of said Section 27 N 02028346" E 1385 .54 feet to a point on the North Right-of-Way of U .S. 71 bypass, and continuing thence along said Right-of-Way N 69022'49" E 109.78 feet to a Concrete Right-of-Way Marker, Thence N 69022'37 " E 368.57 feet, Said point being the Point of Beginning; Thence leaving said Right-of-Way N 0228'46" E 2388.72 feet to the North boundary of the SW 'k of the NW 'b of Section 26, Thence along said boundary N 87 " 10' 11 " W 440.01 feet to the SW corner of the NW 'A of the NW 'A of Section 26, Thence along the West boundary of Section 26 N 02028'46" E 787.40 feet to the SE comer of Lenham Heights Subdivision, Thence S 87031 ' 14" E 440.00 feet, Thence N 02028'46" E 566.03 feet, Thence N 2632'32" E 226.94 feet, Thence N 61054'21 " W 201 .95 feet, Thence N 84036'31 " W 351 .21 feet to the West boundary of Section 23, Thence along said boundary N 02025'28" E 1595 .01 feet along the common boundary between Sections 22 and 23 to the centerline of Clear Creek; Thence along said creek centerline N 74035 ' 14" E 408 .33 feet, S 86043146" E 293 .08 feet, N 4004918 " E 328 .07 feet, S 73058543 " E 101 .01 feet, S 01014' 16" E 84.92 feet, S 21033 '25 " E 76.55 feet, N 85 "57'34" E 159.41 feet, and N 60"09929" E 173 .40 feet to the intersection with the East boundary of the West'h of the SW 'A , Section 23; Thence S 02 "38'39" W 2259.23 feet to the Southeast comer of said WI/2 of the SW 'k ; Thence S 02027'52" W 1320. 88 feet to the Southeast comer of the NW 'k of the NW IA of said Section 26; Thence S 02014'59" W 162.63 feet, Thence S 66009'46" E 1321 .74 feet, Thence N 30048'54" E 506. 30 feet, Thence S 88 "22'21 " E 899.32 feet to the westerly Right-of-Way of U.S . 71 Business; Thence along said Right-of-Way S 15017'54" W 313 .03 feet to a Concrete Ri&ht-of-Way Marker; Thence S 24 27'54" W 342 .20 feet, S 40 18'52" W 439.05 feet, S 59 14'37 " W 318. 16 feet, S 69025155 " W 350.71 feet, S 69029101 " W 346.03 feet, S 71034'48 " W 597. 10 feet, S 68017'35 " W 403 .67 feet, S 69020'43 " W 385 .68 feet, S 69027'04" W 514.94 feet, S 69022137 " W 129.61 to the Point of Beginning, Containing 200.62 acres, more or less, all in the City of Fayetteville, Washington County, Arkansas. ALSO A part of the SW 'A of the SW'k , Section 23 and a part of the NW 'A of the NW 'A , Section 26; all in T- 17-N. R-30-W, and more particularly described as commencing at a State Monument at the Southwest comer of Section 23, said point being Point of Beginning; Thence along the West line of Section 23 N 02` 25'28" E 344.25 feet, Thence S 84" 36'31 " E 351 .21 feet, Thence S 61054921 " E 201 .95 feet, Thence S 26" 32'32" W 226.94 feet, Thence S 02" 28'46" W 566.03 feet, Thence N 87031 ' 14" W 440.00 feet to the West line of Section 26, Thence along the West line of Section 26 N 0228'46" E 534. 15 feet to the. point of beginning: Containing 8 .99 acres, more or less, all in the City of Fayetteville, Washington County, Arkansas. 9506233'7 t • � l', f.:•' Gf rrs�'r , `r :� rig t. ._• _ r,F • Rew ORD111N�1AA1NCE NO 937 HA�, PEI I " R 0 IN REONIN�iEfI,T ON,. S �' u C g-� E r �25 1 QR fl 'PA9C L,CON- „ G V TAINING PPROXI kA ELY A TOTAL OF-2b9;62 ACRES LO- CATED EAST OF' GREGG , I STATE OF ARKANSAS NOVORTH OF i71 BYPASS, AND,,JJ Pt2 g 1995 AS REOWEST U�S ED78_MEAL MSL' ) County of Washingto ss. HOLL��' S�DI�Pt{A F OF; FINANCE DEPT, i MARJORIE S. BROOKS AND NANCHAR, INC , - I I, hereby cer- BE IT ORDAINED OWTHE tify that I am the publish of T ORTHW ARKANSAS TIMES, a daily CITY COUNCIL OF• THE newspaper having a second class maitrngprivilege, and being not less than four pages of CITY OF FAYETTEVILLE, I five columns each, published at a fixed place of business and at a fixed (daily) intervals ARKANSAS: continuously in the City of Fayetteville, County of Washington, Arkansas for more than section It That the zone a period of twelve months, circulated and distributed from an established place of business classification of the to subscribers and readers generallyof all classes in the City and County for adefmite price her lowing described property iss herebbyy changed as follows: for each copy, or a fixed price per annum, which price was fixed at what is considered the R95-25. value of the publication, based upon the news value and service value it contains, that at described for the real property Pescribetl in Exhibit 'A' at. least fifty percent of the subscribers thereto have paid cash for their subscriptions to the tached hereto and made a part newspaper or its agents or through recognized news dealers over a period of at least six hereof. months; and that the said newspaper publishes an average of more than forty percent news From A-1, Agricultural District I matter. to C-2 Thoroughfare Commer- I cial and C-2 Thoroughfare Commercial with Restrictions.. I further car y that the legal notice hereto attached in the matter of Section 2: That ilia official ! 37 zoning map of the City of ' (n,+ Fayetteville, Arkansas, IS ' / hereby amended to reflect the , was ublished in the re ular dail issue of said news a r for zoning change provided int P g Y P Pe Section t above. consecutive insertions as follows: PASSED AND AP- PROVED this 7th day of No- ' The first insertion on the t/ day of 19 / V vember, 1995. I APPROVED: the second insertion on the day of 19 By: Fred Hanoa, Mayor, 1 . c yv ATTEST: the third insertion on the day of 19 By: Traci Paul, City Clerk EXHIBIT 'A' and the fourth insertion on the day of 19 LEGAL DESCRIPTION FOR R95-25.1 1 A pert of Section 26 de- scribed as the NW 114 and all That part of the N1 /2 of that , SW1/4, NW1 /4 of the SE7/4I and SW1/4 of the NE1/4 lying Publisher / neral Manage[ ; North and West of the North westerly Rigllt;of-Way of U.S. 7;1 Bypass; And part of I e I � W112 of the SWt/4, r5ectt n 23, I.ib.;South 'bf "lher'cehtbi- . line of Clear Creak; All lands located in T- 17=N, R-30-W, and more particularly de- scribed as commencing .at a State Monument at the SEI Corner of said Section 27- Thence along the East bound- ary of said Section 27 N `� ' 02 28'46' E 13BS.Sd feel is el ,pofatybn lde"Hort tJRight-off? way, if lJtS. 1 by. . )SS, aiid Swom to and subscribed before me on this day of continuing Ihnob' long said n� Rlghf;,Q4 Wr3y`1yN8 22'49' E / /rL /7A to93hhrfl ��e�,tOl - nCre 19 Rlghtfi�W�' banencs, N 6'9 222 g; 3fl r. 7 feet. (Said (Zgint beipQg the.pint of Begti Ri hl-, jbghcif �C.a�i - E 2 88.72 feet Nt02 2 E 2388.72 Teel to the Northf Notary Public boundary of the S /4 of the . IN 114 of Section 26, Thence M Commission Expires: along said boundary N Y _ i87°10'1 NW 440.0.1 .(eel to tbel (CCCCC(C((C([CR(C<CCCCC<(CCCCCCCC SW corner of the. NW 1/4 of the, / — aJ - D t S NW114 of Section T2s, Thence' S W11maMcDowell 1 along the-Wast N 02 28.46-dary E Notary Public, State of Arkansas Section 26 N 0SE core E Benion County r 787 h feet to the SE corner of nn 3 Lenham He �j ights Subdivision, Fees for Printing $ oC �' `' s My Commission Expires 07/25/05 Thence S 87'31'14' E 440.00 feet. Thenge N 02028'46' ECost of Proof $ IR�KIKKIItlRlK0.tlCtllllKllC 566.03 feel, Tflence N 1 26°3232' E 226.94 feet, I Total $ thence N 61054'21' W 201.95 * feet, Thence N 84°36'31 ' W , 1351 .21 feet to the West boundary of. Section 23, r - Thence along,sale beurlaary N 02.25'280 R 190.41 feet along the common belatdary between Sectiune 22 and 27 to the centerline of Clear ' Creek; Thence along said creek centbi line 14 140351140 E 408.33 feet, S 86°43'46' E ' 293.08 feet, N 40049'18' E 328.07 feet, 5,73.5$'43' E 101 .01 feet, S 01014' 18' Ej 84 .92 feet, S 21033'25' E- 76.55 feet, N 85057'34' E ' 159.4 feel, and N 60009'29' E 173:A feel to Ute' intersection with the East boundary of the West 1/2 of the SW 1/4, Sec- tion 23; Thence S 02038'39' W 2259.23 feet to the Southeast corner of said WI/2 of the SW1/4; Thence S 02027'57 W 1320.88 feet to the Southeast corner of the NW 114 of the NW1/4 of said Section 26; Thence S 02014'59' W iR96A feet, Thence S 66°09'46' E 1321 .74 feet, Thence N 30048'54' E 506.30 feet, Thence S 88°22'21 ' E 899.32 feet to the westerly Right-of- Way of U.S. 71 Business: Thence along said Right-of- Way S 15017'54' W 313.03 feet to a Concrete Right-01- Way Marker, Thence S 24027.54' W 342.20 feel. S 40° 18'52' W 439.05 feet, S 59014 '37' W 318. 16 feet. S 69025'55' W 350.71 feet, S 69029'01 ' W 346.03 feet, S ,71034'48' W 597. 10 feel. S 68017'35' W 403.67 feet, S 69020'43' W 385.68 feet, S 69027'04' W 514 ,94 feet, S 69022'37' W 129. 61 feet, to the point of Beginning, Con- taining 200.62 acres, more or less, all in the City of Fayette. ville, Washington County, Arkansas. ALSO A pan of the SWIM of the SW1/2, Section 23 and a part of the NW1/4 of the NW1/4. Section 26; all in T- 17-N. R- 30-W, and more particularly described as commencing at a State Monument at the Southwest corner of Section 23. said point being Point of Beginning; Thence along the West line of Section 23 N 02°25'28' E 344 .25 feet, Thence S 84°36'31 ' E 351 ,21 feel, Thence S 61054'21 ' E 201 .95 feet, Thence S 26032'32' W 226.94 feet, Thence S 02028'46' W 566.03 feet, Thence N e703114' W 440.00 feel to the West fine of Section 26. Thence along the West line of Section 26 N 02028'46' E 534. 15 feet to the Point of Beginning: Contain- ing 8.99 acres, more of lese, all in the City of Fayetteville, Washington County, Arkansas.