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Home My WebLink AboutOrdinance 3952 FILED FOR RECORD P96 MR 12 pn 2 33 , ORDINANCE NO. 3952 PiASHINGTON CO AR K . HARNESS AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ96- 1 FOR A PARCEL CONTAINING APPROXIMATELY 3 ACRES LOCATED WEST OF 71 BYPASS, SOUTH OF MOORE LANE, SUBMITTED BY GARY STEARMAN . 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: RZ96- 1 for the real property described in Exhibit "A" attached hereto and made a part hereof. From R-2, Medium Density Residential, to C-2, Thoroughfare Commercial . 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 5t_ day of March 1996. APPROVE By : Fred Hanna, Mayor ATTEST. By : Traci Paul, City Clerk �\a d ` � 96014648 EXHIBIT "A" LEGAL DESCRIPTION FOR RZ96- 1 A part of the S % of the S'h of the SW'/< of Section 33 , Township 17 North, Range 30 West, being more particularly described as follows: Beginning at a oint that is East 330.0 feet, N0005'08"W 660.0 feet, and East 626.4 feet from the Southwest comer of the S''/z of the S W'/< of the SW'/< of said Section 33, said point of beginning being on the North line of said 40 acre tract; running thence East 542.56 feet along said North line; thence leaving said North line South 249.6 feet to a chain link fence; thence N87°5 FW 310.82 feet along said fence to a fence corner; thence leaving said fence West 231 .95 feet; thence North 237.92 feet to the point of beginning, containing 3 .00 acres, more or less, City of Fayetteville, Washington County, Arkansas. Subject to the Moore Lane right of way along the North line and any other easements and/or right of ways of record. 96014652 I, KathM_on Harness, Circus Cork and Ex-oticln Recorder for Washington Co:.n:y. Arlcevsr. . do hereby cvtrtibi !hat tltfa i, r=.ms:: was I lro- r for roc+,d iP my office as h,,dcaied lw-.O., and the t..,,,is In noes duty ract.-JaK: rdt 1 to ao!rr✓rr bclysmoni and czrL,!f 5 iho:san in Record Llc is arid Pace a lilurr ied atereorr. IN WITNESS N,'HEREOP, I hav^ here- Nnto L2t my hand and affixed the se .. of UA Court on ttte date Indicated hereon. Kathleen Hamese Circuit Clerk and Exofficjo Recorder 00 EXHIBIT "A " LEGAL DESCRIPTION FOR RZ96- 1 A part of the S 'h of the S 'h of the SW '/a of Section 33 , Township 17 North, Range 30 West, being more particularly described as follows: Beginning at a point that is East 330.0 feet, N0005 '08 "W 660.0 feet, and East 626.4 feet from the Southwest corner of the S'h of the SW 'A of the SW 'A of said Section 33, said point of beginning being on the North line of said 40 acre tract; tunning thence East 542.56 feet along said North line; thence leaving said North line South 249.6 feet to a chain link fence; thence N87051 'W 310.82 feet along said fence to a fence corner; thence leaving said fence West 231 .95 feet; thence North 237.92 feet to the point of beginning, containing 3 .00 acres, more or less, City of Fayetteville, Washington County, Arkansas. Subject to the Moore Lane right of way along the North line and any other easements and/or right of ways of record. 96014649 r BILL OF ASSURANCE This declaration of a Bill of Assurance made this _SL day of 1996, by the undersigned, owner of the real estate more particularly described on Exhibit "A" attached hereto and made a part hereof. WHEREAS, the aforesaid owner of the aforedescribed real property has agreed to comply with the requirements of Section 160.048 - Design Overlay District (U.S. 71 Highway Corridor) for said real property; and, WHEREAS, the owner is 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 the owner and the owner's successors and assigns and the real estate described in Exhibit "A" and its subsequent owners with the obligations and retribution 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, old, conveyed and occupied subject to restrictions set forth under Section 160.048 - Design Overlay District (U.S. 71 Highway Corridor.) WITNESS my hand this 4k day of `4'YL�21t '(� 1996. 4GStVan 96014650 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, came Gary Stearman to me well known, who acknowledged that he had executed the foregoing Bill of Assurance for the consideration and purposes therein mentioned and set forth. N� � WITNESS my hand and seal as such Notary Public this )' Li day of nCk 1996. c t1E' ` ss Notary Public Mg� �dfiifdyss n• pires: °ou 96014651 STATE OF ARKANSAS SS. County of Washington I, a��ae2 hereby cer- ORDINANCE NO a952 tify that I am the publisher of THE NORTHWFSY ARKANSAS TIMES, a daily AN ORDINANCE REZONING newspaper having a second class mailing privilege, and being not less than four pages of THAT PROPERTY DESCRIBED IN REZONING PETITION five columns each, published at a fixed place of business and at a fixed (daily) intervals RZ96-1 FOR A PARCEL CON. continuously in the City of Fayetteville, County of Washington, Arkansas for more than TAINING APPROXIMATELY 3 aperiod of twelve months, circulated and distributed firoman established place of business ACRES LOCATED WEST OF 71 BYPASS, SOUTH OF to subscribers and readers generally of all classes in the City and County for adefmite price MOORE LANE, SUBMITTED for each copy, or a fixed price per annum, which price was fixed at what is considered the BY GARY SiEARMAN. value of the publication, based upon the news value and service value it contains, that at BE IT ORDAINED BY THE least fifty percent of the subscribers thereto have paid cash for their subscriptions to the CITY COUNCIL OF THE newspaper or its agents or through recognized news dealers over a period of at least silt CITY OF ,FAYETTEVILLE, ARKANSAS; months; and that the said newspaperpublishes an average of more than forty percent news matter. aSection I That the zone clas. sification of the following de. scribed property is hereby I further certify that the legal notice hereto attached in the matter of changed as follows: p� Pt-- 3q5-2, RZ96-1 for the real property ---- - - -- • - — described in Exhibit 'A' at. tached hereto and made part was published in the regulardaily issue of said newspaper for hereof. consecutive insertions as follow From R-2, Medium Density L Residential, to C-2, Thorough- fare Commercial. The first insertion on the / dayof 19 zoning That the City of the second insertion on the day of 19 zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the the third insertion on the day of 19 zoning change provided in Section 1 above. PASSED AND AP. and the fourth insertion on the day of 19 PROVED this 5th day of March, 1996, I APPROVED: By: Fred Hanna, Mayor ATTEST: Publisher / Ge ral Manager By: Traci Paul, City Clerk EXHIBIT 'A' i - LEGAL DESCRIPTION FOR RZ96-1 A part of the SI/2 of the SI/2 ( of the SWIM of Section 33, 1 Township 17 North, Range 30 ' .• West, being more particularly described as follows: Begin- ning egin 3at a point that is East 30. (rT 330.0 feet, NO°OS'OB'W 660,0 feet, and East 626.4 feet from St to nd subscribed before me on this day of the Southwest corner of the S1/2 of the SWI/4 of the SWI/ 4 of said Section 33, said Oh 0 19 point of beginning being on AJUrrt�ll/ �i�/'tN`-� the North line of said 40 acre tract; running thence East 542.56 feet along said North line: thence leaving said Notary Public North line South 249.6 feet to a chain link fence: thence Ne7051•w 310:62 leer along said lance to a fence corer; My Commission Expires: (acceccacecceccececcc<ec«eecececS< n ([() thence leaving said fence West 231 .95 feet: (hence 7 - a5- 0� )� Wilma McDowell t� North 237.92 feet to the point )� Notary Public, State of Arkansas ;< of beginning, containing 3.00 >� Ben[On County r� acres, more or less. City of Fayetteville, Washington �� • �� t My Commission Expires 07/25/05 '( County, Arkansas. Subject to Fees for Printing .$ the Moore Lane right of way Cost of Proof $ �� along the North line and any O t-. other easements and/or right Total $ p�• J� of ways of record.