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HomeMy WebLinkAboutOrdinance 2949 ORDINANC$E m 2949 FD FILED PA100FI F. R f83 pcf AN ORDINANCE VACATING THE WESTERNMOST FIVE ( 9 ) �tEn OF A TWENTY - FIVE ( 25 ) FOOT UTILITY EASEMENT ALONG / 0 THE EAST SIDES OF LOTS 162 17 , 20 , AND. 21 OF GREENBRIER , A PLANNED UNIT DEVELOPMENT . ; BE IT ORDAINED BY THE BOARD OF DIRECTO&" 6dF i'Pa'HF4�-YTY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the Board of Directors hereby vacates and a andons the following described portion of a platted utility easement in Greenbrier , a planned unit development : The westernmost five ( 5 ) feet of equal and uniform width of a twenty- five ( 25 ) foot platted utility easement along the east sides of Lots 16 , 17 , 20 and 21 of the final plat of Greenbrier , a planned unit development to Fayetteville , Arkansas , as per plat of said planned unit development on file in the office of the Circuit Clerk and Ex Officio Recorder of Washington County , Arkansas . Section 2 . As a condition to the aforesaid abandonment the City'or ayetteville hereby reserves a temporary easement across the above described property for the purpose of ingress and egress in constructing , maintaining , repairing or replacing utility lines . Said temporary easement shall be for the use and benefit of the City of Fayetteville and any public utility company providing, utility service to residents of Fayetteville . PASSED AND APPROVED this4th day of October , 1983 . C\ ' APPROVED : By : ✓�'i� • .. > Mayor '•��e cCATTE ST : By : City '•.w, CERTIFICATE OF, RECORD State of Arkansas SS y City of Fayetteville I I, Suzanne C. Kennedy, City Clerk and Ex-Officio recorder for the City of Fayetteville, do hereby certify that the annexed or fore, poinf? is of rocord in my office and the same tip, pours In Ordinance & Resolution bnnlc o X I V nt page Witness my hand and son' this tlay ®f ty C!:rk H^!t llx• 010 ltog r CERTIFICATE OF RECORD STATE OF ARKANSAS SS. Washington County I I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for Washington County, do hereby certify that the annexed orf re- going instrument was fil d for recordin my office on tho�ay of 19 at�/� oo'clocKr M, and the same 1 duly recorded in record ZOU at pagedrJ wl Witness my hand and seal thisq daLof 19 `3 Circuit Clerk and Ex-Officio Recorded s P By Deputy Clerk STATE of ARKANSAS 11 ORDINANCE'NO � 89. AN VACATING Count of Washington THE WESTERNMOST FIVE FEET OF A ' TWENTY- FIVE (25) rF00T UTILITY EASEMENT• A LO N Gro T H E I, hereby certify that I ' EAST SIDES OF LOTS' 16r17. _ am thepublisherof THE NORTHWESIWRKANSASTIMES, a daily newspaper A PCANNED 'UNETNDEVEL- having a second class mailing privilege, and being not less than four pages of I OPMENTi I ^•ls ti, , : five columns each, published at a fixed place of business and at a fixed (daily) BE IT ORDAINED BY THE intervals continuously in the City of Fayetteville, County of Washington, Arkansas BOARD OF DIRECTORS OF THE : , CITY OF ' FAYET - for more than a period of twelve months, circulated and distributed from an TEV ICLE, ARKANSAS : . , ' established place Of business to subscribers and readers generally of all classes • Sectfon .l: That iha Board of in the Ci[ and Count for a definite rice for each co p Directors 'hereby vacates and Y Y P copy, or a fixed rice per abandons, the ' following de. annum, which price was fixed at what is considered the value of the publication, scribed Portion of a Platted based upon the news valueand service value it contains, that at least fifty percent utility eastment in Greenbrier, a Planned unit development: of the subscribers thereto have paid cash for their subscriptions to the newspaper The westernmost five (5) feet or Its agents or through recognized news dealers over a period of at least six of equal and uniform width tt a months; and that the said newspaper publishes an average of more than forty of equal nd nit foot platted a utility, easement.along the east percent news matter. sides of Lots 16, 17, 20 and 21 of the final plat. df Greenbrier, a Planned unit 'development- to I further certify that the legal notice hereto attached in the matter of Fayetteville: Arkansast as. per plat of said planned unit deveb o the fleck the office io �// �o � � y � the Recorder Clerkanash Officio . (((VVV///���---CCC -C.�sf_QieC Qom . � Redorder ' nsa Washington ' County;Arkansas.;.• / ,Section 2. As-a conCihon to was published in the regular daily issue of said newspaper for the aforesaid abandonment the • consecutive insertions as follows: lCity ;of , Feyettewile • hereby reserves,:a'. temporary - ease ' p , ! ment 'across the above . de The first insertion on the day of 1�(4� 19 t1v scribed ., property' ,for , the ;purpose'of,ingress, and egress . lin. constracting,�imaintaining, the second insertion on the day of 19 repairing, on replacing utility . ' lines.; Saic4temPoraryt' ease! t � 'ment,shaIf �be for the use and the third insertion on the day of 19 benefi h.of the City of ,.Fayell 'tevil lehand , anyl public. utility I company,eprovidingr utility and the fourth insertion on the day of 19 ) service 'to residehis of, Fdyof; ' teville PASSED� AND APPROVED. _ this On day of October 1980. >' `',, e�APPROVEDI -' �Sgorn toand subscribed before me on this -12 •�'� day of .I Y�ftMuvR' MayoNolanr�� U�- !J'LC 93 AT.T�ST . . 4..: q: 1 �� QAC. 1 �. 1 By: MaryE. Griffin . i City Clerk. ..;._ . _ 6 .aa NotaloPublic My Commission Expires: Fees for Printing _ $ Cost of Proof _ $ Total — $ • �� RECEIVED OCT 2 61983 ACCOUNTS PAYABLE