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Home My WebLink About148-82 RESOLUTIONRESOLUTION NO. /7 d A RESOLUTION APPORVING A MODIFICATION IN A BILL OF ASSURANCE FOR PROPERTY LOCATED AT 225 NORTH EAST AVENUE TO PROVIDE THAT SAID PROPERTY MAY BE USED FOR A WEARING' APPAREL" SHOP. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Board of Directors hereby approves a modification in a certain Bill of Assurance recorded in Book 964 at Page 668 in the Office of the Circuit Clerk and Ex Officio Recorder of Washington County, Arkansas, to provide that the property described in said Bill of Assurance may be used for a wearing apparel shop. A copy of the modified Bill of Assurance authorized hereby is attached hereto, marked Exhibit "A", and made a part hereof. PASSED AND APPROVED this 49 5/day of ,Deeeir/ 5Eie, 1982. By: OLLe4) a /4 City Clerk • APPROVED: MODIFICATION OF BILL OF ASSURANCE OF GARLAND MELTON csev This Modification of Bill of Assuranceis m thi* 4th day of January, 1982 by Garland Melton, hereina“��i y.e�r le the "owner". • opter WHEREAS, Garland Melton has executed a Bill of Assurance dated April 29, 1978 and recorded in Book 964 at pages 668- 669 of the deed records of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas; and WHEREAS, a copy of said Bill of Assurance is attached hereto marked Exhibit "A" and made a part hereof; and WHEREAS, the Board of Directors of the City of Fayetteville, Arkansas adopted Resolution No. 148-82 on December 15, 1982 approving a modification of said Bill of Assurance to permit the property described therein to be used for a shop selling wearing apparel and accessories. NOW, THEREFORE, the owner declares that the property described in the Bill of Assurance attached hereto marked Exhibit "A" and made a part hereof shall be held, sold, conveyed and occupied subject to the covenants and restrictions herein set forth: 1. The property shall be used for a shop selling wearing apparel and accessories and if said use is ever discontinued then any new use shall be restricted to a use which is permitted by right under the Fayetteville zoning ordinance in an R-0 (Residential Office) District unless otherwise approved by the Fayetteville Board of Directors. The limitations herein contained shall be valid only as long as the properties adjoining the property described in said Exhibit "A" are zoned R-0 (Residential Office) District. X1.071 905 - 2 - IN WITNESS WHEREOF, Garland Melton has caused this Modification of Bill of Assurance to be executed on the date hereinabove first written. STATE OF ARKANSAS ) ) ss: COUNTY OF WASHINGTON) Searreteetatwo Garland Melton ACKNOWLEDGMENT BE IT REMEMBERED that on this day came before the undersigned, a Notary Public, within and for the County aforesaid, duly commissioned and acting, Garland Melton, to me well known as the owner in the foregoing Modification of Bill of Assurance, and stated that he had executed same for the consideration and purposes therein mentioned and set forth. Witness day of hand and seal as such Notary Public this 1983. om*is s ion Expires: AO i. 1:5A, .. /— Notary Pubb lic 11171 906 1 be Fay- rict) RANCE fund 21.01 FILED FOR r,FO 'Z,_, '78 NAY 18 PH 3: wAsHIAGN LL OF ASSURANCE OF lniSAlii-teRLAND MELTON ALMA i(OLLrii'IF:: 19 i; f l a r THIS DECLARATION OF A BILL OF ASSURANCE is made on this 0291271day of April, 1978, by GARLAND MELTON, owner of the following described real estate situated in Fayetteville, Washington County, Arkansas, to -wit: Beginning at a point Two Hundred and eighty-one (281) feet South of the Northeast corner of Block No. Two (2) in the City of Fayetteville (as shown by the original plat of said City) and running thence North Seventy-five (75) feet, to the center of an alley, then West One Hundred (100) feet, thence South Seventy-five (75) feet, and thence East One Hundred (100) feet to the place of beginning. WHEREAS, GARLAND MELTON has secured the approval of the Fayetteville City Board of Directors to amend the Fayetteville Zoning Map to rezone the above described real property from R-0 Residential -Office to C-2; and, WHEREAS, to induce the Fayetteville City Board of Directors to so amend the Zoning Map to rezone the above des- cribed real estate as aforesaid, the owner agrees that if the above described premises is ever discontinued as a bridal shop which is planned on the premises, then the above described FILE IN MY OFFICE THI5 DAY OF lil -'° real property will revert back to the Zoning of that property at the time of the discontinuance of'the property as a bridal 1 shop; and, WHEREAS, the owner desires to make the 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 it, its successors and assigns and the above described real property and its subsequent owners with the obligations and restriction herein- after set forth for all present and future development and use of said property for the period indicated: now, THEREFORE, the owner declares that the above described real property shall be held, sold conveyed and occupied subject to the covenants and restrictions herein set forth: Mr 1071 907 SI 663 s fr -. • • 21.02 1. That the property shall be used for a bridal shop and if said use is ever discontinued then any new use shall be restricted to a use which is permitted by richt under the Fay- etteville Zoning Ordinance in R -O (Residential Office District) unless otherwise approved by the Fayetteville City Board of Directors. The limitations herein under this BILL OF ASSURANCE shall be valid only as long as the adjoining properties around the above described property carries --the R-0 (Residential Office District) zoning classification. IN WITNESS WHEREOF, GARLAND MELTON has caused this BILL OF ASSURANCE to be executed on the date hereinabove first written. Garland Melton ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON On this g'jtay of p4; , 1978, before, me a Notary Public, the undersigned officer, personally appeared Garland Melton, known to me to be the person described in the ';foregoing:instrument,. and acknowledged that he executed.the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ' My Commission expires: jco • I 071071 908 c 964 689 CER -I ICATE OF RECORD. STATE OF ARKANSAS SS. Washington County I 1, Alma L. Ko!I-na, C'rcJit Clark and Ex -Officio Recorder tot Washington Counly. do heresy cart's' that the annexed fore• going' trument wrs tij: