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HomeMy WebLinkAboutOrdinance 2870 igg1 FO N�SH1 , ORDINANCE N0 . o� 00 7 © �c ���rr PCGTp� O'GbT _ 9' S9 AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO . 2479�Fp�F/���i'ir TO CORRECT THE LEGAL DESCRIPTION OF THE PUBLIC UTILITY AND DRAINAGE EASEMENT RESERVED IN THAT PORTION OF C014PANY STREET VACATED BY ORDINANCE NO . 2088 , AS AMENDED . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That Section 2 of Ordinance No . 2479 is herebyy am�a to read as follows : That Section 1 of Ordinance No . 2454 is hereby amended to provide that the public utility and drainage ease - ment reserved thereby shall be 12 feet of equal and uniform width along the south side of the following described property : 25 feet of equal and uniform width along the north side of the following described property : A fifty ( 50 ) foot street lying adjacent to and along the South side of Lots One ( 1 ) , Two ( 2 ) , and Three ( 3 ) in Block Seven ( 7 ) , Mt . View Addition to the City of Fayetteville , Arkansas , and lying adjacent to and North of Lots Ten ( 10 ) , eleven ( 11 ) , Twelve ( 12 ) , and Thirteen ( 13 ) , Block Eight ( 8 ) , Mt . View Addition to the City of Fayetteville , Arkansas , as per plat of said Addition on file in the office of the Circuit Clerk and Ex- Officio Recorder of Washington County , Arkansas , and more particu- larly described as follows : Beginning at the Southeast Corner of Lot One ( 1 ) , Block Seven ( 7 ) , at the intersection of Read Avenue and Company Street and thence running West two hundred and Fifty ( 250 ) feet to the Southwest Corner of Lot Three ( 3 ) , Block Seven ( 7 ) , at the intersection of Vinson Avenue and Company Street , thence South fifty ( 50 ) feet to the northwest Corner of Lot Ten ( 10 ) , Block Eight ( 8) at said intersection , thence East two hundred and fifty ( 250 ) feet to the Northeast Corner of Lot Thirteen ( 13 ) , Block Eight ( 8 ) at the intersection of Read Avenue and Company street , thence North fifty ( 50 ) feet to the point of beginning , all within Mt . View Addition to the City of Fayetteville , Washington County , Arkansas . . �_�369 992 • ' 2 _ Section 2 . All ordinances in conflict herewith are hereby repea d . PASSED AND APPROVED this olyb day of /UOtgl,3i�, 1982 . APPROVED : _ (:;; fie'a Mayor P • �f t 'f ATTEST : ' By : City C er CERTIFICATE OF RECORD State of Arkansas ( SS City of Fayettevil'e I, Swanne C. Ken. ;c ly, City Cleric and Er:-Off it:io rec,r:'.er f ;r t?:e C'ty ';f F:._:ettevi?le, t, ,,. `.u.. aUy cern : t?a;t th • .. .. .. ; ._ f �:.. i-t my ofiic•e find t•.e s, nc np- MY h•:nd s....; , ,.: _ -_._ day of �ENTIFICATE OF RECORD -� ` ; ATE OF ARK.4,V:AS I C' Cleric and L: ;ao Recor Wash;n;tion Cor Ss. wp s Fir , on Co:t •ir_uit clerk and Ex-Officio Recorder for n' , yeraby certify that the annexed or)ore- ;;oing insrr amen; r ; ; nl. r N 1 for re-- jin my office on the ' day 41, duly rer — lje nt- 0"' Oo P orded in_,_ AM, end the same is Witness my hand and seal thk y� record fD�9 at a nq a.,., of_ Page �/J�7rttday 19. rant Clerk and By, Officio Re rded y - ! M69 993 Denutv Clork WAYNE B. BALL, P.A. ATTORNEY AT LAW 116 NORTH BLOCK STREET P. 0 BOX 1612 October 28 , 1982 FAYETTEVILLE, ARKANSAS 72702 TELEPHONE AREA CODE 501 521 -4000 Bon , James N . McCord Fayetteville City Attorney Post Office Box 1405 Fayetteville , Arkansas 72702 A part of Lot Numbered Three ( 3 ) in Block Numbered Seven ( 7 ) of Mountain View Addition to the City of Fayetteville , Arkansas , and the adjoining North half of the closed Company Street , described as follows : Beginning at the Northwest corner of Lot Numbered Three ( 3 ) , Block Numbered Seven ( 7 ) of Mountain View Addition , thence South 13 degrees 43 minutes East with the East line of Vinson Avenue 80 . 17 feet to the centerline of the now closed Company Street , thence East with said centerline 125 feet ; thence North 13 degrees 42 minutes West 80 . 17 feet to the North line of Lot 3 , Block 7 , and thence West with said lot line 125 feet to the place of beginning , subject to a 12 foot drainage easement along the South side of said above described tract . Dear Jim : In examining an abstract for the captionedro ert , it P P Y has been discovered that it may be necessary to amend an Ordinance to the City of Fayetteville . I am enclosing as Exhibit One a copy of a plat of the property as filed of record May 15 , 1909 . The plat of the area indicates that Lot Three of Block Seven is 50 foot in width and is bounded on the southern side by Company Street which is 50 feet in width . In 1975 , by Ordinance Number 2088 , a portion of Company Street was vacated and abandoned . I am enclosing a copy of this Ordinance as it appears in the abstract . You will note that it inaccurately describes the width of the street as 40 feet . This Ordinance also retains 20 feet of equal and uniform width along the north side of the street for a public utility and drainage easement . In 1978 , by Ordinance Number 2454 , Ordinance Number 2088 was amended to decrease the size of the public utility and drainage easement to 12 feet of equal and uniform width over the I north side of the property . I am enclosing a copy of Ordinance Number 2454 , as it appears in the abstract . You will note that it perpetuates the erroneous 40 foot street description . In an apparent attempt to corrrect the legal description , Ordinance Number 2479 was passed , amending Ordinances Number 2088 and 2454 . 1 am enclosing a copy of Ordinance Number 2479 as it appears in the abstract . You will note that it corrects the legal description to reflect the 50 foot width . It also leaves the public utility and drainage easement as 12 feet . However , this 12 feet is taken over the north side of the closed street , rather than being over the south 12 feet of the north 25 feet of the closed street . To further assist in demonstrating the problem , I am enclosing a copy of the survey of the property reflecting the location of the dwelling with respect to the property lines . You will note that if the easement were as reflected by the Ordinance , it would pass through a portion of the house . Accordingly , I believe that it would be proper to once again , and hopefully finally , amend the previous Ordinances to provide that the 12 foot drainage easement should be over the south 12 feet of the north 25 feet of the property as described in the most recent Ordinance . Please also note that the City Engineer , Donald R . Bunn , has indicated on this plat that he has no objection to the relocation of the easement as indicated on the plat . If I can be of any further assistance in this respect , please let me know . 1 Vgr I ruly yours , Wtl ne Ball WBB : rmg Enclosures i o Sp e O 4 B 7 9 ►0 9 ,r Iz ra � ♦ � - T I ° I 4' 2. �oMPyyY °v .S7' . 4r So so I2. .y .5 7 8° o B a I T I 7 I 7 s z SE cor SW 9 St' ,q S c . 10 - 16 - 30 PLAT OF: BLOCKS Is 2 , 7 and 8 in MOUNTAIN VIEW ADDITION TO THE CITY OF FAYETTEVILLE I ` Filed for record May 15 = 1909 1 � Recorded in Volume 100 Page 470 I GREER ABSTRACT COMPANY SHEET N0.02 RELIABLE ,ABSTRAGTS FAYETTEVILLE, .ARKANSAS r . OAD/NANCENO.2170 .:+ STATE of ARKANSAS 1 , AN ORDINANCE AMENDING J} as. SECTION 2 OF ORDINANCE County of Washington NO. 2479 TO CORRECT THE LEGAL' DESCRIPTION. OF ///�yy��� ^ • i THE PUBLIC UTILITY AND . _ DRAINAGE EASEMENT 10MAor' N ) hb certify [hatI ' RESERVED IN THAT...POR hereby Y TION OF COMPANY STREET am the publisher of THE NORTHWEST ARKANSAS TIMES, a dally newspaper j VACATED BK..OR ED.v , CE having a second class mailing privilege, and being not less than four pages of R B 20IT ORDAINED D:; ` - five columns each, published at a fixed lace of business and at a fixed (daily) • � BE IT ORDAINED BY THE P Y BOARD OF DIRECTORS OF intervals continuously in the City of Fayetteville, County of Washington, Arkansas i THE L I, `ARK NSAS:IYET; for more than a period of twelve months, circulated and distributed from an TEeILLE;ARKANSctio „2 ; j ^s inanci: That. section 2 or established place of business to subscribers and readers generally of all classes amendedt NO.'2a9 tiasfaII , hereby in the City and County for a definite price for each copy, or a fixed price per That S amended I of Ordinance annum, which rice was fixed at what is considered the value of the publication, That Section 1 0l Ordinance No. P : '2451 is hereey- ameaded ' to based upon thenews value and service value it contains, thatat least fifty percent provide roar e e ase a afore- of the subscribers thereto have aid cash for their subscriptions to the newspaper and erahat t easement Ure-tility P P served thereby shall be 12*feet or Its agents or through recognized news dealers over a period of at least six Of equal and uniform -width months; and that the said newspaper publishes an average of more than forty along the South sidi 'of the following described property: • percent news matter. 25 /eetof equal and uniform width alono. me ' north side of I further certifythat the legal notice hereto attached In the matter of the following Ldescri�. pro. g Perry: •�:fty4(s0Ff� Tilt_. a ficenttoand al;ngthe` ouch / l� ^ J�L• , / 761 Side ofLots O el(1 ). T South QAC/� (•/M/ . f ✓/ OY 1 Side of Lots Doe (b, Two Seven and Three (3).wIn.d Bloc ; Seven . City of Fa few Aae;' Ari� tokin the ii, was published in the regular daily issue of said newspaper for anyof vadjakevrlttdorid North ' an dlylhpetl( 00), lee Norm consecutive insertions as follows: of Lots T2);%h ), 'eleven' (13). ' S lack Etght , Cflyt7 view Ad The first insertion on the day of ' 19 j teviii . to heart s,as pe` plot f fSeville;Arkanses. af per t o/ sald�'Adaniont<on'. met�in ma the second Insertion on the day of 19 �oftice Withe+Circuli Clerkand Ei = Off1'ci e*,.-R *'corder` of wasninottkl County: Arkansas, • the third insertion on the day of 19 lands:-more„ portieularly7s6e• vone 11); Bloc Sevenoairrj Beginning and the fourth insertion on rho ._� day ,of. 1� Iat trWsciotheast Corner:at Lai H ,.One tit: Block Seven t7);at the IIntersection,'�_4 Read"Avenue , and;Cot oiiitV4 Street. ane ft hence';.xru at"9j_W ast',-,two ihundred and:Fytya(250) feet to Sworn to and subscribed before me on this day of tthe swinwiitatomerj, (Aoe:.Lqt. liThree (2) Stock Seven ,.. at '(/_`�t_i`, ti` the inIersecfIonTof r.VIrSow 9 r. Avenue and- Cu yr(so Street,. thence SOgit�,tlttY (Sola/eef`lo orne j the Northwest, Cr of ' riot ` � Ten (101 Block Eii; (a)' ai, N ary Public sale Interiktfon;, thence_East j two hundred and fifty (250) feet to tete Northeast Corner' of' Lot My Commission Expires: FThlrtsiaj(13t; Block EighP(l) itr fhe„Jniersectien'•of Read Avenue and,Company' Street, thence, North:(lftVASO). feet..to the , polirtgoij 6apinning, ail „within Mf Vlew,Additiogto,me ^C i'llyk'a }y F'e,y 0 f.t ti.v,i l 10" - WasWinfitop Colm}Y Arkansast. r�e:Secttwi•2r1I AIN•bedinanceslin. Fees for Printing — $ confli ttbe.rewitW or,a.{W,here.by, repealik 4yS�'i�jowa (7j t. PASSED".ANO APPROVEID Cost of Proof _ $ this 2nd day of November, 1912' APPROVED: . ..}r 0y;'Peul R. NolarM Total _ $ 4T ''})}ei' ni. f,,p MiY,or, ATTEST: . • •+-• •, By: llvla Ke c City lark;;y,A;;,� t. IV ED NOV 191982 ACCOUNTS PAYABLE MAKE CHECKS PAYABLE TO N o . INVOICE FOR 006346.NOR.THWEST ARKANSAS CLASSIFIED ADVERTISING . TIMES WORDS TIMES AMOUNT 212 NORTH EAST AVENUE 367 8 L O1. .$049 . _80 Cl � o � /1 FAYETTEVILLE, ARKANSAS72701 YOUR CLASSIFIED INVOICE 3 `f PHONE: 501 /442-6242 NOW DUE. IF NOT PAID WITHIN 10 GAYS AMOUNT DUE WILL BE PHONE CLERK 901 - 00 INDEXING TERMS: ORDINANCE City of Fayetteville AD GIVEN BY CLASSIFICATION P . 0 . Drawer F CODE SOLICITED BY I OPERATOR Fayetteville SAR 72701 V nn START DATE STOP DATE SKIP SCHEDULE 11 /09 /82 11 /09 /82 R2 PLEASE PAY PROMPTLY "ORDINANCE NO . 2870^ AN ORDINANCE AMENDING SECTION 2 OF ORDINA NCE NO. 2479 TO CORRECT THE LEGAL DESCRIPTION OF THE PUBLIC UT ILITY AND DRAINAGE EASEMENT RESERVED IN THAT PORTION OF COMPA NY STREET VACATED BY ORDINANCE NO. 20SSF AS AMENDED. ^' BE IT OR DAINED BY THE B RECEIVED NOV 19 1982 ACCOUNTS PAYAOLL a ORDINANCE NOS 2088 AN ORDINANCE VACATING AND ABANDONING A PORTION OF COMPAINY STREET LYING BETWEEN VINSON AVENUE AND READ AVENUE . WHEREAS, a Petition was duly filed with the Board of Directors of the City of Fayetteville, Arkansas , on the 12th day of February, 1975 , asking the Board of Directors to vacate and abandon a portion of Company Street lying between Read Avenue and Vinson Avenue in the City of Fayetteville, Arkansas , described as +follows : i . ... A forty (40 ) foot street lying adjacent to and along the South side of Lots One (1), Two (2 ), and Three (3 ) in Block Seven (7 ), Mt. View Addition �G to the City of Fayetteville, Arkansas, and lying adjacent to and North of Lots Ten (10 ), Eleven (11), Twelve (12 ) and Thirteen (13 ), Block Eight (8 ), Mt. View Addition to the City of Fayetteville, Arkansas, as per plat of s said Addition on file in the office of the Circuit Clerk and Ex-Officio E. Recorder of Washington County, Arkansas, and more particularly described as follows : Beginning at the Southeast Corner of Lot One (1), Block Seven � ! (7 ) at the intersection of Read Avenue and Company Street and thence running West two hundred and fifty (250 ) feet to the Southwest Corner of Lot Three (3 ), Block Seven (7), at the intersection of Vinson Avenue and Company Street, thence South Forty (40 ) feet to the Northwest Corner of Lot Ten (10 ), Block Eight (8) at said intersection, thence East two hundred and fifty (250) feet to the Northeast Corner of Lot Thirteen (13) , Block Eight (8 ) at the intersection of Read Avenue and Company Street, thence North forty (40 ) feet to the point of beginning, all within Mt. View Addition to the City of Fayetteville, , Washington County, Arkansas . WHEREAS, after due notices as required by law, the Board of Directors, at i the time and place mentioned in the notice, heard all persons desiring to be heard on the question, and has ascertained that the portion of Company Street herein- before described has heretofore been dedicated to the public use as a street herein i ' described; has not been actually used by the public generally for a period of at i ' 131:ONSON A13S'1`1:AC'1` COMPANY, INC. 28 E. CENTER PHONE 521 -4100 I FAYETTEVILLE, ARKANSAS SHEET No. 915 least five (5 ) years ; that all the owners of the property abutting upon the portion of the street to be vacated have filed with the Board of Directors their written consent to such abandonment; and that public interest and welfare will not be -adversely affected by the abandonment of such street, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That the City of Fayetteville, Arkansas, hereby releases, vacates fj 'i and abandons all its rights, together with the rights of the public generally in ' and to the aforedescribed portion of Company Street in the City of Fayetteville, Arkansas; provided the City of Fayetteville hereby reserves twenty (20 ) feet of d! equal and uniform width along the North . side of the afore- described portion of Company Street for a public utility and drainage easement; and as a condition to II the closing of said portion of Company Street, the City shall be held free and lIi harmless from liability' as to any claims of the contiguous property owners for damages to the property described herein, which damage may result from the III; City or other utility companies removing and relocating11 public utilities located . in or upon said vacated street. Section 2 , A copy .of this Ordinance; duly certified by the City Clerk, shall I� be filed in the office of the recorder of Washington County, and recorded in the deed records of the County, II Section 3 . This Ordinance shall be in full force and effect from and after its passage, approval and publication, i i` ]31ZON80N ABS'i'PACT COMPANY, INC. II - 28 E. CENTER RHONE 521-4100 -. ' -. v 'I FAYETTEVILLE, ARKANSAS ..: . SHEET No: y4i ' 6t'IdM'' � ? "• .�•rar�.!1r►.r a n - PASSED AND APPROVED THIS 4th DAY OF MARCH, 1975 . I, APPROVED : Marion R. Orton MAYOR I�I (SEAL) u Darlene Westbrook City Clerk h Filed for Record March 17, 1975 at 1 :57 P. M, and Recorded in Record Book 882 at page 348 I`t i I i 131ZONSON 2U3STIEZACT COMPANY, INC. 23 E. CENTER . PHONE 521-4100 FAYETTEVILLE, ARKANSAS SHEET No. 817 ORDINANCE NO . 2454 AN ORDINANCE AMENDING ORDINANCE NO . 2088 TO DECREASE THE SIZE OF ' RESERVED ITA THAT PORTION OF COMPANY STREET VACATED BY SAID ORDINANCE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1. That Section 1 of Ordinance No. 2088 is hereby amended to provide I, that the public utility and drainage easement reserved therein shall be twelve feet of equal and uniform width along the North side of the following described property: A forty (40) foot street lying adjacent to and along the South side of Lots One (1), Two (2 )0 and Three (3 ) in Block Seven (7 ), Mt . View Addition to the City of Fayetteville, Arkansas , and lying I adjacent to and North of Lots Ten (10), Eleven (11) , Twelve (12 ) and thirteen (13 ), Block Eight ( 8) , Mt. View Addition to the: City of Fayetteville , Arkansas, as per plat of said Addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas , and more particularly described as follows : Beginning at the Southeast Corner of Lot One (1) Block Seven (7 ) at the intersection of Read Avenue and Company Street and thence running West two hundred and fifty (250) feet to the Southwest Corner of Lot Three (3 ), Block Seven (7 ), at the intersection of Vinson Avenue and Company Street, thence South forty (40) feet to the North- west Corner of Lot Ten (10) , Block Eight ( 8) at said intersection, thence East two hundred and fifty (250) feet to the Northeast Corner of Lot Thirteen (13 ), Block Eight (8) at the intersection of Read Avenue and Company Street, thence North forty (40 ) feet to the point of beginning, all within Mt. View Addition to the City of Fayetteville , Washington County, Arkansas ,' Section 20 A copy of this ordinance, duly certified by the City Clerk should be filed in the office of the Recorder of Washington County, * and .recorded in the deed records of the County. PASSED AND APPROVED this 18 day of July, 1978 . 131ZONSON ABSTRACT COMPANY, INC. 28 E. CENTER PHONE 521-4100 1 � FAYETTEVILLE, ARKANSAS SHEET NO. �� , I 1 } 1 ,c�-., m, ,�,, ,,.+ss++..,o...•..s n • T � Mir ORDINANCE NO , 2479 AN ORDINANCE AMENDING ORDINANCES NO , 2088 AND 2454 TO CORRECT' THE LEGAL DESCRIPTION OF THAT PORTION OF COMPANY STREET . VACATED BY ORDINANCE 2088 AND TO CORRECT THE LEGAL DESCRIPTION OF THE PUBLIC UTILITY AND DRAI AGE EASEMENT RESERVED IN SAID VACATED PORTION OF COMPANY STREET . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE $ ARKANSAS : Section 1 . That Ordinance No . 2088 is hereby amended to provide that the legal description of that portion of Company Street vacated by ay said ordinance shall read as follows : A fifty ( 50) foot street lying adjacent to and along the South side of Lots One ( 1) , Two ( 2 ) , and Three ( 3 ) in Block Seven ( 7 ) , Mt . View Addition to the City of Fayetteville , . Arkansas , and lying adjacent to and North of Lots Ten ( 10) , Eleven ( 11) , Twelve ( 12 ) , and Thirteen ( 13 ) , Block Eight ( 8 ) , Mt . View Addition to the City of Fayetteville , Arkansas , ' as per plat of said Addition on file in the office of the Circuit Clerk . and Ex- Officio Recorder of Washington County , Arkansas , and more particularly described as follows : Beginning at the Southeast Corner of Lot One ( 1) , Block Seven ( 7 ) at the intersection of Read Avenue and Company Street and thence running West two hundred and fifty ( 250) feet to the Southwest Corner of Lot Three ( 3 ) , Block Seven ( 7 ) , at the intersection of Vinson Avenue and Company Street , thence South fifty ( 50 ) feet to the Northwest Corner of Lot Ten (10 ) , Block Eight ( 8 ) at said intersection , thence East two hundred and fifty ( 250 ) feet to the Northeast Corner of Lot Thirteen ( 13 ) , Block Eight ( 8 ) at the intersection of Read Avenue and Company Street , thence North fifty ( 50) feet to the point of beginning , all within Mt . View Addition to the City of . Fayetteville , Washington County , Arkansas , 5` Section 2 . That Section 1 of Ordinance No . 2454 is hereby amended till to provide that the public utility and drainage easement reserved there - " 1 in shall be twelve ( 12 ) feet of equal and uniform width along the North side of the following described property : 4 BI20N40N ABS'1`RAC'1` COMPANY, INC. ' 28 E. CENTER PHONE 521-4100 FAYETTEVILLE, ARKANSAS SHEET No. g . ...�. . . . —.ems..-.•....+-.. ..--. rf � � '$ �tll7. ry ,it Pt,sI: At ",1 ti