City of Ava – Dennis Souder rezoning legal

Date:   May 15, 2012

Place:  Ava City Hall 127 SW 2^nd Avenue

Time:  6:30 p.m.

Present zoning:  B-2 Central Business District

Proposed zoning: B-3 General Business

Street location: 806 NW 12th Avenue

Property Owners:  Dennis Souder

Legal description:

A part of the NW 1/4 of the NW 1/4 of Section 11, Township 26, Range 16 West described as follows:  Commencing at the SE corner of said NW 1/4, of the NW 1/4; thence along the South line of said NW 1/4 of the NW 1/4, North 88 degrees 41 minutes 09 seconds West, 437.00 feet; thence North 01 degree 07 minutes 21 seconds East, 200.39 feet to the “point of beginning” thence continue North 01 degree 07 minutes 22 seconds East, 99.77 feet; thence South 88 degrees 40 minutes 21 seconds East. 104.86 feet; thence South 01 degree 06 minutes 13 seconds West, 99.75 feet; thence South 88 degrees 41 minutes 09 seconds West, 104.94 feet to the point of beginning.

Together with a reservation of a 15 foot Easement as described in Contract for Deed dated May 31, 2011 to Shawn Swearengin, Kelly & Dee Thompson & Jesse J. & Fonda J. Groth for ingress and egress over and across existing driveway that runs to the above described legal description and being more specifically described as follows:  A strip of land lying 7.50 feet on each side of the following centerline; Commencing at the Southeast corner of said NW 1/4 of the NW 1/4; thence along the south line of said NW 1/4 of the NW 1/4; thence North 88 degree 41 minutes 09 seconds West, 437.00 feet; thence North 01 degrees 07 minutes 22 seconds East, 64.39 feet; thence South 88 degrees 53 minutes 30 seconds East, 18.09 feet to the Point of Beginning of said CENTERLINE; thence North 01 degrees 52 minutes 21 seconds West, 136.00 feet to the point of termination of said CENTERLINE.   Said above described reservation for an easement abuts and extends an existing 15 foot wide easement for ingress and egress, maintenance and repair of a driveway benefiting Grantee’s (Buyers) land over and across said land as described in Contract for Deed dated May 31, 2011 and as established in Book 451 at Page 539-541 and easement is subject to Grantee’s (Buyers) at all times during the existence of this reservation of said easement.

 

Protests may be filed in the office of the city clerk at least five (5) days prior to hearing.

 

Janice Lorrain                                             Director of Development