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HomeMy WebLinkAboutOrdinance 4262 ORDINANCE N04262 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ00- 19 FOR A PARCEL CONTAINING APPROXIMATELY 2.715 ACRES LOCATED WEST OF DEANE SOLOMON ROAD, NORTH OF MOORE LANE REQUESTED BY THE COMMUNITY DEVELOPMENT DIVISION ON BEHALF OF THE CITY OF FAYETTEVILLE. 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: From I- 1 , Heavy Commercial/Light Industrial District to R-2, Medium Density Residential District for the real property described in Exhibit "A" attached hereto 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 I " day of August 2000. APPROVED: V � � By: i �Fred Hanna, Mayor ^a. By Heather Woodruff, City Cldirk ord . 4262 EXHIBIT "A" EXHIBIT A LEGAL DESCRIPTION FOR RZ 00- 19 �A ' .11&sc,P A part of the Northwest Quarter (NW `/4) of Section 33, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said Section 33 ; thence along the west line of said Section 33, South 02°28' 11 " West 1072.67 feet, to the Point of Beginning; thence leaving said West line of Section 33, South 87°22'27" East 329.47 feet, to a point on the existing centerline of Deane Solomon Road; thence with said centerline, South 02°29'56" West 395 .06 feet, to a PK nail; thence leaving said centerline, North 87°22'27" West 329.27 feet along the proposed north right f way of Crystal Springs Drive, to a set iron pin on the west line of said Section 33 ; thence along said West line, North 02'28' 11 " East 395 .06 feet, to the Point of Beginning, containing 2.987 acres, more or less. LESS AND EXCEPT thirty (30) feet of equal and uniform width off the East side ofthe above described property, containing 0.272 acres, more or less, being within the existing west right of way of Deane Solomon Road. Containing a net acreage of 2.715 acres, more or less. M X NAME OF FILE: xyj1 it/ ",e- e pVU CROSS REFERENCE: Date Contents of File Initials . i / ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ 00- 19 FOR A PARCEL CONTAINING APPROXIMATELY 2.715 ACRES LOCATED WEST OF DEANE SOLOMON ROAD, NORTH OF MOORE LANE REQUESTED BY THE COMMUNITY DEVELOPMENT DIVISION ON BEHALF OF THE CITY OF FAYETTEVILLE. 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: From A- 1 , Agricultural District to R-2, Medium Density Residential District for the real property described in Exhibit "A" attached hereto 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 day of 2000. APPROVED: By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerk 1 1 EXHIBIT "A" LEGAL DESCRIPTION FOR RZ 00- 19 A part of the Northwest Quarter (NW ''/e) of Section 33 , Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said Section 33 ; thence along the west line of said Section 33, South 02'28' 11 " West 1072.67 feet, to the Point of Beginning; thence leaving said West line of Section 33 , South 87°22'27" East 329.47 feet, to a point on the existing centerline of Deane Solomon Road; thence with said centerline, South 02°29'56" West 395.06 feet, to a PK nail; thence leaving said centerline, North 87°22'27" West 329.27 feet along the proposed north right f way of Crystal Springs Drive, to a set iron pin on the west line of said Section 33 ; thence along said West line, North 02°28' 11 " East 395.06 feet, to the Point of Beginning, containing 2.987 acres, more or less. LESS AND EXCEPT thirty (30) feet of equal and uniform width off the East side of the above described property, containing 0.272 acres, more or less, being within the existing west right of way of Deane Solomon Road. Containing a net acreage of 2.715 acres, more or less. r Planning Commission Minutes June 26, 2000 Page 17 RZ 00-19.00: Rezoning (Sage House, pp 247) was submitted by the Community Development Division on behalf of the City of Fayetteville for property located west of Deane Solomon Road, NAA) north of Moore Lane and south of west Salem Road. The property is zoned I- 1 , Heavy omi Commercial/Light Industrial and contains approximately 2.715 acres. The request is to rezone to R-2, Medium Density Residential. Odom: The next item on tonight' s agenda is RZ 00- 19.00: Rezoning (Sage House, pp 247) submitted by the Community Development Division on behalf of the City of Fayetteville for property located west of Deane Solomon Road, north of Moore Lane and south of west Salem Road. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 2.715 acres. The request is to rezone to R-2, Medium Density Residential. Staff's recommendation is approval of the request for rezoning based upon the findings as a part of their report. Staff, is there anything further? Conklin: There is nothing further. This is a request for rezoning from I- 1 , Heavy Commercial/Light Industrial to R-2. The request is to be able to build 15 apartment units on this property. Directly to the north of this, Children's House will be looking at locating on this property also. That is zoned I- 1 . It's a use by right to have a child care facility, however, I did feel like having this apartment building at this location that it truly was a multi family use and therefore it needed to be rezoned to R-2. That's all I have. Odom: Thank you. Is there any member of the staff that's going to make a presentation or is that pretty much it? Conklin: That's pretty much it. I can answer any questions that you have. PUBLIC COMMENT: Odom: Let me ask if there is any member of the audience that would like to address us on this rezoning request? COMMISSION DISCUSSION: Odom: Seeing none I 'll close the floor to public comment and bring it back to the Planning Commission for questions, comments or motions. MOTION: Hoffman: Mr. Chair. Planning Commission Minutes June 26, 2000 Page 18 Odom: Yes Commissioner. Go ahead. Hoffman: I'm going to go ahead and move approval of RZ 00- 19 for the reasons that this is a down zoning. I believe it will, in the end, not generate as much traffic as possible development in 1- 1 . In addition we had had some concerns that the property might be located in the wetland area. We have been provided with a map by staff that shows the property to be north and outside of that wetland area. In addition when Phase 11 of the high-tech park is built we will have an additional road to get us out off of Deane Solomon away from Mount Comfort Road in the way of going down Technology to Digital Way and eventually winding your way up to I-540. So for those reasons I' ll go ahead and make that motion for approval subject to all staff comments. Shackelford: I' ll second. Odom: We have a motion by Commissioner Hoffman and a second by Commissioner Shackelford to approve RZ 00- 19. Any further discussion? ROLL CALL: Upon roll call the motion carries on a vote of 7-0-0. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (501 ) 575-8264 TO: Fayetteville Planning Commission A FROM: Dawn T. Warrick, Associate Planner THRU: Tim Conklin, City Planner cOR DATE: June 26, 2000 RZ 00-19.00: Rezoning (Sage House, pp 247) was submitted by the Community Development Division on behalf of the City of Fayetteville for property located west of Deane Solomon Road, north of Moore Lane and south of west Salem Road. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 2.715 acres. The request is to rezone to R-2, Medium Density Residential. RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report, PLANNING COMMISSION ACTION: Required YES Date: June 26. 2000 O Approved O Denied FEDate: July L ACTION: Required YES O Approved O Denied 2000 Comments: H.'1 USERS1CO61MOA1DA IVA'71REPOR7S1PCI6-26-001sage, upd BACKGROUND: This property is owned by the City of Fayetteville, located on the west side of Deane Solomon Rd., north of the Razorback golf course, and is contained within the City's Research and Technology Park. Properties to the north, south and east are all zoned I- 1 , Heavy Commercial / Light Industrial. Adjoining property to the west is zoned R- 1 and has been designated as a future phase of the Crystal Springs subdivision. The applicant is proposing this rezoning in order to lease this 2.715 acre tract to Sage House. Sage House is a non-profit social service agency which plans to construct a "multi-family residential building of approximately 15 units." This building will serve as a "transitional living facility for low income persons leaving abusive family environments and transitioning to independent living." Additional information is included in the attached memo from Yolanda Fields, Community Development Coordinator. SURROUNDING LAND USE AND ZONING North: Vacant, 1- 1 (future site of Children's House facility) South: Vacant, 1- 1 (future R&T Park) East: Vacant, 1- 1 (future R&T Park) West: Vacant, R- I (future single family development) INFRASTRUCTURE: Access to the 2.715 acre tract is from Deane Solomon Rd. This street is classified as a collector on the Master Street Plan with a connection proposed to the future extension of Trucker's Drive, another collector, to the north. Traffic is currently able to access Highway 112, designated as a principle arterial, to the north and Mt. Comfort Rd., designated as a minor arterial to the south. Water: 12" line at entrance to Arkansas Research & Technology Park The developer will be responsible for extending necessary services to provide for this project at the time of construction Sewer: Not available at this time - sewer availability will have to be reviewed at the time of project proposal LAND USE PLAN: General Plan 2020 designates this site Mixed Use. Rezoning this property to R-2, Medium Density Residential is consistent with the land use plan and compatible with surrounding land uses in the area. H:1 USERSICOMMONI DA WMIREPORMPC16-26-Myage.upd FINDINGS OF THE STAFF 1 . A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: The proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. This proposal is consistent with the General Plan 2020 which designates the area as Mixed Use. The proposed zoning district provides a reasonable buffer between the Arkansas Research & Technology Park and adjacent single family residential areas. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is justified and needed at this time. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will not create or appreciably increase traffic danger and congestion. The current zoning of I-1 permits a very wide range of uses including but not limited to the following: professional office, restaurant, gas station, warehousing, manufacturing. The amount of traffic generated by these uses could vary drastically depending on the size and use of a facility. Uses permitted by right in the proposed R-2 zoning district are residential in nature and the density is based upon the available land area and parking requirements. These are less intensive, generally less trafficked uses than those which are permitted within the existing zoning district. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: While the zoning will alter population density, it will not undesirably increase the load on public services including schools, water and sewer facilities. 5 . If there are reasons why the proposed zoning should not be approved in view of H.,I USERSICOMMONI DA WNnREPORMPCI6-16-Msage.upd considerations under b ( 1 ) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b ( 1 ) through (4) above why the proposed zoning is not desirable. Finding: N/A §161 .06 DISTRICT R-2 MEDIUM DENSITY RESIDENTIAL. Unit 25 Professional Offices A. Purpose. The High Density C. Density. Residential District is designed to permit Families Per Acre 4 to 24 and encourage the developing of a variety of dwelling types in suitable environments in a D. Bulk and Area Regulations. variety of densities. 1 . Lot Width Minimum. B. Uses. Mobile Home Park 100 Feet 1 . Uses Permitted. Lot within a 50 Feet Unit 1 City-Wide Uses by Right Mobile Home Park Unit 8 Single-Family Dwellings One Family 60 Feet Unit 9 Multifamily Dwellings - Two Family 60 Feet Medium Density Three or More 90 Feet 2. Uses Permissible on Professional 100 Feet Appeal to the Planning Commission. Offices Unit 2 City-Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 4 Cultural and Recreational Facilities Unit 11 Mobile Home Park H.'I USERSICOMMONIDA JVIMPEPORMP06-26-001sage.wpd 2. Lot Area Minimum. E. Yard Requirements (feet). Mobile Home Park 3 Acres FRONT SIDE REAR YARD YARD YARD Lot Within a 4,200 Sq. Ft. Mobile Home Park 25 8 25 Row House: Development 105000 Sq. Ft. Cross Reference: Variances Chapter 156. Individual Lot 2,500 Sq. Ft. F. Height Regulations. Any Single-Family 6,000 Sq. Ft. building which exceeds the height of 20 feet shall be set back from any side boundary Two-Family 75000 Sq. Ft. line an additional distance of one foot for Three or More 9,000 Sq. Ft. each foot of height in excess of 20 feet. Fraternity or 2 Acres (Code 1991 , § 160.033 ; Code 1965, App. Sorority A, Art. 5(III); Ord. No. 2320, 4-5-77; Ord. Professional 1 Acre No. 2700, 2-2-81 ) Offices 3. Land Area Per Dwelling Unit. Mobile Home 3,000 Sq. Ft. Apartments: Two or More 2,000 Sq. Ft. Bedrooms One Bedroom 11700 Sq. Ft. No Bedroom 11700 Sq. Ft. Fraternity or 1 ,000 Sq. Ft. per Sorority Resident N:1 USERSICOMMOMDA WNnREPORMP06-26-OMsage. npd i RZ00-19.00 - House - Close Al i 1-1 .................... . .. . a ....... . a...... a. '...........a Childrens House 4.132 Ac. 0 U w U C _ co I-1 Sage ington County House 2.715 Ac. y Limits I-1 Washington County R-1 i 'a I-1 R-1 EIIIU ac A-1 -1 Proposed Truckers Drive I-1 • 1 S. RZ00-19.00 - Sage House - One Mile Diameter FOREST VIEW o SHULER� R-1 R-1 P-1 IBER CREEK R-1 I Al WE HOWARD NICKELL R-1 A-1 O � w x ¢ � UN J Z Q A-1 HIGHWAY112 A-i x HO VAN ASCHE 0 a ` R-1 z O S O m M A-1 1-1 TRUCKI j,'C-2 / I 1-1 1 I / IC -2.\ / C-2 / h1 //- / �¢ / R-2 / URRL / / IVEOAK i / U A-1 M A-1 / PRIVATE / I-1 R-2 G2 / n / / A-1 A-1 4 / RZ00-19.00 - Sage House - One Mile Diameter FOREST VIEW V -1EI -1 —N P-1 HOWARD NICKELL R-1 O 0 `\VA � ji J iI A.1 HIGHWAY 112 #111 E HO 0 a R-1 I-1 ti I-1 h1phMTr 3 `� 4 ` 41 A-1 1-1 OHO R-1 / z TECHNOLOGY 0 0 N IA / W / VE JI LOR h1 / Lit 'i-1 FF1 / / R"2 / C-2 / h1 EMIL / / / Al • A-1 1400 0 1400 Feet N Freeway/Expressway W E Principal Arterial Mnor Arterial Collector S 100 yr Floodplain C-2 G2 G2 A-1 / / N 1400 0 1400 1 Residential W E Comunity Cormwdal Historic Commercal S Historic Districts =eet University Industrial IIIIIIfflOffice Mxed Use Open / Space Recreational Neighborhood Conmercial Regional Commerical • - ' CHILDREN'S HOUSE LEGAL DESCRIPTION LEASE AGREEMENT A part of the Northwest Quarter (NW'/,) of Section 33, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said Section 33; thence along the west line of said Section 33, South 02° 28' 11" West 472.67 feet, to a set iron pin, said pin also being the Point of Beginning; thence South 87° 04' 43" East 332.64 feet along the proposed south right of way line of Trucker's Drive, to a PK nail on the existing centerline of Deane Solomon Road; thence with said centerline, South 03° 00'40" West 319.88 feet; thence continuing with said centerline, South 02° 29' 56" West 278.41 feet, to a point; thence leaving said centerline, North 87° 22' 27" West 329.47 feet, to a point on the West line of said Section 33; thence along said West line, North 02° 28' 11" East 600.0 feet, to the Point of Beginning, containing 4.544 acres, more or less. LESS AND EXCEPT thirty (30) feet of equal and uniform width off the East side of the above described property, containing 0.412 acre, more or less, being within the existing west right of way of Deane Solomon Road. Containing a net acreage of 4.132 acres, more or less. SAGE HOUSE LEGAL DESCRIPTION LEASE AGREEMENT A part of the Northwest Quarter (NW%) of Section 33, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest comer of said Section 33; thence along the west line of said Section 33, South 02° 28' 11" West 1072.67 feet, to the Point of Beginning; thence leaving said West line of Section 33, South 87° 22' 27" East 329.47 feet, to a point on the existing centerline of Deane Solomon Road; thence with said centerline, South 02° 29' 56" West 395.06 feet, to a PK nail; thence leaving said centerline, North 87° 22' 27" West 329.27 feet along the proposed north right of way of Crystal Springs Drive, to a set iron pin on the west line of said Section 33; thence along said West line, North 02° 28' 11" East 395.06 feet, to the Point of Beginning, containing 2.987 acres, more or less. LESS AND EXCEPT thirty (30) feet of equal and uniform width off the East side of the above described property, containing 0.272 acre, more or less, being within the existing west right of way of Deane Solomon Road. Containing a net acreage of 2.715 acres, more or less. FAYETTEVW.LE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick, Associate Planner From: Yolanda Fields, Community Development Date: June 7, 2000 Re: Sage House rezoning request The City of Fayetteville Community Development Division is applying to rezone a portion of City -owned property from Industrial -I to Residential -2, the property legal description, plat location, and property survey are attached. The purpose of the rezoning is to accommodate a multi -family residential building of approximately 15 units. The City currently owns this property and will lease a portion of the parcel to the non-profit social service agency, Sage House, Inc.. Sage House, Inc. has proposed to build a transitional living facility for low income persons leaving abusive family environments and transitioning to independent living. The proposed facility comprises modest, low cost apartments and includes administrative and activity areas. The parcel is located at the northwest comer of the proposed Arkansas Research and Technology Park. Surrounding property is mostly undeveloped at this time including the Crystal Springs R-1 subdivision bordering on the west property line. The proposed Sage House project will likely be comparable to multi -family apartment building design styles and will be compatible with future adjacent development. Access is direct from Deane Solomon Rd. Expected traffic is limited to employees and residents of the facility. Electric service is available at the site. A 12" water main exists at the entrance to the Arkansas Research and Technology Park, approximately 200 ft south of the subject parcel. There is no available sewer service to, or in close proximity to the site at this time. Planning Division Record of Conversation Employee: Dawn Warrick Date: June 20. 2000 Project Ref: RZ 00-19 Walk-in: O Telephone: X Plat Page: 247 Name of Client: Mr. Wilson Kimbrough Jr. Phone Number: IV4 Address [site] [client]: 3110 Mt. Comfort Road (Mr. Kimbrough's home) 611 oP Nature of Call / Visit: RI 00-19: Sage House - Traffic concerns Discussion: Mr. Kimbrough is very upset with current traffic conditions in the area and with increased traffic this "(He has) been a resident since 1956 and was elected from the people in this area for 16 years in County government." Necessary Follow-up: Mr. Kimbrough asked that I include this information in the report that is presented to PC STAFF REVIEW FORM ..cay.,. X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of July 18, 2000 FROM Tim Conklin Planning Public Works Name Division Department ACTION REQUIRED: To approve an ordinance for RZ 00-19.00: Rezoning (Sage House, pp 247) as submitted by the Community Development Division on behalf of the City of Fayetteville for property located west of Deane Solomon Road, north of Moore Lane and south of west Salem Road. The property is zoned I-1, Heavy Commercial/Light Industrial and contains approximately 2.715 acres. The request is to rezone to R-2, Medium Density Residential. COST TO CITY: Cost of this Request Account Number Project Number BUDGET REVIEW: Category/Project Budget Category/Project Name Funds Used To Date Remaining Balance Program Name Fund eted Item Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: AccRuntin Man 9 r Date Internal Auditor Date I Ci tto ney Date ADA Coordinator Date Purchasina Officer Date STAFF RECOMMENDATION: Staff recommended approval and on June 26, 2000, Planning Commission unanimously voted 7-0-0 to recommend approval and to forward the rezoning to the City Council. 41 Date 7-7-0-) Date Date eDate Cross Reference New Item: Yes Prev Ord/Res #: Orig Contract Date: Orig Contract Number: FAYETTEVItLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, Planning Director From: Heather Woodruff, City Clerk Date: August 8, 2000 Attached is a copy of the ordinance rezoning property described in petition RZ 00-19. The original will be microfilmed and filed with the City Clerk. cc: Ed Connell, Engineering John Goddard, Info. Tech. Clyde Randall, Engineering Yolanda Fields, Community Development 40 STATE OF ARKANSAS IVEIVEC County of Washington } SS.AUG 1 6 2000 ACCT. DF�PI I, JEFF JEFFUS, hereby certify that am the publisher of THE :.- ,• ': a...NORTHWEST ARKANSAS TIMES, a daily newspaper having a dec6ri&�l�Lja. mailing privilege, and being not 'less than four pages of five columns each, published at a fixed place of business and at fixed (daily) intervals ORDINANCE NO.4262 continuously in the City of Fayetteville, County of Washington, Arkansas for AN ORDINANCE REZONING THAT PROPERTY DESCRI- more than a period of twelve months, circulated and distributed from an BEGIN REZONING PETITION establishedplace of business to subscribers and readers generally of all BED IN 9 FOR A PARCEL CONTAINING APPROXIMATE- classes in the City and County for a definite price for each copy, or a fixed LY 2.715 ACRES LOCATED WEST OF DEANE SOLOMON price per annum, which price was fixed at what is considered the value of the LOAD, LANE REQUESTED QUES OF MOORE publication, based upon the news value and service value it contains, that at BV THE COMMUNITY DEVELOPMENT least fifty percent of the subscribers thereto have paid for their subscriptions DIVISION ON BEHALF OF tothe newspaper agents through recognized THE CITY OF FAYETfEVILLE. p per or its or reco news dealers over a BE IT ORDAINED BY THE period of at least six months and that the said newspaper publishes an CITY COUNCIL OF THE CITY OF FAYETTEVILLE, average of more than forty percent news matter. ARKANSAS: Section 1. That the zone classi- fication of the followingdescri- bed property is hereby changed as follows:. From I-1, Heavy Commercial/ Light Industrial District to R-2, Medium Density Residential District for the real property de- scribed in Exhibit "A" attached hereto and made a part hereof. Section 2. That the official zon- ing map of the City of Fayette- vil,e, Arkansas, is hereby amended to reflect the zoning change provided in Section 1. above. PASSED AND APPROVED this 1st day of August, 2000. APPROVED: By: Fred Hanna. Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT "A" Legal Description for'RZ 00-19 A part of the Northwest Quarter (NW 1/4) of Section 33, Town- ship 17 North, Range 30 West, Washington County, Arkansas, being more particularly descri- bed as follows: Commencing at the Northwest corner of said Section 33; thence along the wet line of said Section 33. South 02°28'11" West 1072.67 feet. to the Point of Beginning; thence leaving said West line of Section 33, South 87°22'27" East 329.47 feet, to a point on the existing centerline of Deane Solomon Road; thence with said centerline, South 02°29'56" West 395.06 feet, to a PK nail; thence leaving said centerline, North 87°22'27" West 329.27 feet along the pro- posed north right f way of Crys- tal Springs Drive, to a set iron pin on the west line of said Sec- tion 33; thence along said West line, North 02°28'11" East 395.06 feet, to the Point of Be- ginning, containing 2.987 acres, more or less. LESS AND EX- CEPT thirty (30) feet of equal and uniform width off the East side of the above described property, containing 0.272 acres, more or less, being with- in the existing west right of way of Deane Solomon Road. Con- taining a net acreage of 2.715 acres, more or less. I further cent' that the legal notice attached in the matter of (I ,rA-,,nnnct2 lrlrn yQLQ, was published in the regular daily issue of said newspaper for consecutive insertions as follow - The first insertion on the day of 201_llL the second insertion on the day of 20 — the third insertion on the day of 20— the fourth insertion on the ay of 20 r/General Manager Sworn to and subscribed befp//r��amee on this day of C�/lam vn Shc My Commission Expires: Fees for Cost of Proof........... Total.............................................. , Notary Public IN e,100 �,sa5 , i�nbLo�,cPtt`s �c cC«��Z< Le0 $ 10oZ