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HomeMy WebLinkAboutOrdinance 3469 FILED FOR. R600RD ' 90 RPR 27 PPI 2 36 ORDINANCE NO . 3469 WAS KINGITOUX AR A:•KOLLMEYER AN ORDINANCE VACATING AND ABANDONING A PORTION 411CROFILMED OF THE STREET RIGHT - OF -WAY FOR A PORTION OF MILLSAP ROAD AND DEDICATING A NEW PORTION TO ALLOW FUTURE DEVELOPMENT . WHEREAS , the Board of Directors has the authority under Ark . Code Ann . § 14 - 54 - 104 ( 1987 ) to vacate portions of streets which are not required for corporate purposes ; and WHEREAS , the Board of Directors has determined that the following described portion of the street right - of -way on Millsap Road be vacated and to accept the dedication of a new right - of -way on Millsap Road . 30 & NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . •That the City of Fayetteville hereby vacates and abandons all of its rights together with the rights of the public generally , subject to the reservation of a utility easement in and to the Millsap Road right - of -way attached hereto as Exhibit " A" and made a part hereof . Section 2 . The Citv of Fayetteville hereby accepts the dedication of a new 50 foot right - of -way on Millsap Road as shown in Exhibit " B " attached hereto and made a part hereof . Section 3 . The City of Fayetteville reserves an easement on , over , across and under the above described street right - of - ways to - construct , lay , remove , relay , enlarge , and maintain public utility !_ fines . Section 4 . As a condition of the abandonment of said street right - of -way the City shall be held free and 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 City , or other utility companies removing and relocating public utility lines located in or upon said vacated street right - of -way . Section 5 . A copy of this Ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County . PASSED AND APPROVED this 16th day of January 1990 . LIBER 13(31IoM u �11 APPROVED : By : .. unr;: • . Mayor AT�4T0-`� . C / 0 O � o -: 66 .Citi �gFe rlt -� . , 11 LIBER ���fcp�r ?�2 • d i f 7 i /r/�/llllll CERTMCATE OF RECGR D State of Arkansas ( SS ICI% of Fayetteville dff harryclo updm2% City tle k City E f Fayetteville, do hereby certify that the annexed or foregoing is of record in my office and the same appears In Ordinance & Resolution book x )Qy _ at I, Alm renam%m C,r:w, c�vtlk and pseaka e_ � (_. Witness my Nano—and &-Of- cio .'.:cc:ds fn. ?ns: ingoncourtly l uuuuss day of �JLIm�. n a ;0 ,.�,� : that this in 19�_ VYr- F_ s7cacitt oras i !t<I in nxad in my affi.:o es inr)c-*d hatean and thn come ir, r'1w .zY CI(M. azO Fs-OtIIclo Recerder cb!y lc'cix .led wl.'l) 'ue cdnavriadt/a ,..,t Q= wr: ",care rieraan in R©curd BOOK .-nd Far: a, thcrton. I: 1 VZ:_.X� W}:_RCf, I have harr unto set my hand and affbed 'hr +a.! D` said Curt cn tLo c'itu indi=od nVt9aa. A'mn l:O:',aa-lar Crcuit Clad: and t' , I Ex-oMcio Rocordol by 71 / FRAZIER TERP. ¢ > ¢ y ¢ ¢ W S U 1 J i w ] • 24 I -- — -- _ 'STEARNS ROA PS _. . D 26 i 11 II Y, W >`\1 JOYCE TR T ZiIU 211 t j Ju A!N \ PW lo ]mJ / .- 1000 a EARNS CEM . O J 6 - J < M ♦ MILLSAP . i r j y ^p T R WSOm[ DRIVE OXFORD CLAIRE AVE :WINDSOR : PL. > y WIMBLEDON PL, 2 SMA < LANGSTON PL . IX i w OmwmW SI a z STUBBLE [ .ELD Y ppG, p ENRAY 23 t 2 rYROLD '6 ] ST. ERROL ST. CN E . MALINDA SS MEI 1 IFF CROS o . W I —� COTLA T. AA0AftET J [t 5 p� > 4 J ETON ST. DR. x CI CLE < b r s r FURMAR T. IV AOLLI&G (TSB MIL S DN N ORIV a RLENN EPP AP✓_ FPi P' ♦ r O � 7y OAKCLJFF ST J IrCL111 P O t 5 f9 1400 DRIVE PCNr.rF W yG0 9> ¢ ! rOSE MSN' �Cf �M1 Bf q� DRAKE DABS MA SN TL Ir p MLLDA J > P p 1ME P TREET I^a ` �p Wl , 4rVf — II �{�I/LLSf1,� 169 M WENDY BROOKE l� LANE IPVT.)r 1 I J�oD /Ja<6o /r, 1 N G'urykE 214J ' 11 /EW /?�41 I I C�aisttAN [SFE , I I I�I j)Eoi�, ria AJ I I �CAfNEDRA L I MILLSAP Stearns a OrGemetery ROAD PORTION OF M![LSAA �'oit SEPT 1?l97- n6679 A20 - PROPOSED 7b BE Furru4c Z:)E ✓EGc)A/MEN T V1469 rED G'�TlfED.PJ9L) / 019 D �jQ��b5E0 �s�6M� ✓T ✓A�.9T.an/ LEGAL DESCRIPTION : ( 30 ' Access Easement to Cemetery ) Part of the NE 'k of the SEk of Section 26 , T17N , R30W of the Fifth Principal Meridian in Washington County , Arkansas , being more particularly described as follows , to - Wit ; . Commencin§ at the N . E . Corner of said NE } , SE; , thence S 0 . 31 ' 46 E 490 . 04 Feet to the POINT OF BEGINNING said point being NU ° 31 ' 46 "W 15 . UO Feet from the N . W . Corner of the Sterns Cemetery ; thence along the center of a 30 . 00 Feet wide access easement WEST 325 . 00 Feet , to the center of a 50 . UO Feet right of way easement which is the extension of Millsap Rd . and along said 5U ' right of way S 20 ° 00 ' E 73 . UU Feet to the P . C : of a curve to the right said curve having a A - 100 ; R - 61 . 00 and along said curve 110 . 72 Feet to the P . T . of the curve which connects to . Millsap Rd . J LEGAL DESCRIPTION : ( ,50 ' Right of Way Easment ) Part of the NE 'k of the SEk of Section 26 , T17N9 R30W of the Fifth Principal Meridian in Washington County , Arkansas ' being more particularly described as follows , to- wit ; Commencing at the N . E . Corner of said NE 's , SE; , thence S U931 ' 46 §E 133 . 00 Feet to the POINT OF BEGINNING said point being the center of 6 50 ' right of way easement and along said center S 80 ' 00 ' W 346 . OU Feet , thence S01 ° 30 ' 29 "W 168 . 00 Feet to the P . C . ofa curve to the left said curve having a S - 20 . 00 ' ; R - 356 . 00 ' and along said curve 124 . 27 Feet , to the P . T . of said curve thence S 20000 ' E 88 . 00 Feet to the P . C . of a curve to the right said curve having a A - 10 = ° ; R In 61 . 00 ' and along said curve 110 . 72 Feet to the P . T . of the curve which connects to Mill- sap Rd . Also beinning S 0 ° 31 ' 46 " E 133 . 00 Feet of the N . E . ' Corner of said NEC SEk said point being on the center of a point being on the center of a 50 . 00 wide right of way easement thence t , 89 . 29 ' U8 " 1= 592 . 63 Feet to the EAST property line of Christian Life Cathedral Property . EXHIBIT "B " • GENSEN ASSOCIATES 286J OlD MISSOURI ROAD • FAYETTEVIILE AR 72703 • PHONE S01/4� 2 .9127 SCALES JOB Nor CHECKED BYE DRAWN BYs DATE: DESIGNED BY STATE of ARKANSAS 1 p ORDINANCE NO. 3469 r as. 7A�NN��O�R' DAI�-N�A 'NC E- County 0I Washington J DONT R- .-IONr F T '3S 'REp�RICHT f,1F-- , �l �on;d` N gne, I, - hereby certify that 1 DQE D,I,;.CA,TINO_ A. Ne54' am the publisher of T E NORTHWEST ARKAN S TIMES, a dally newspaper P OAR ISO NICT9D:•fPti.` having a second class mailing privilege. and be ng not less than four pages of F uyiu`a o E v F��''-,I five columns each, published at a fixed lace of business and at a fixed (daily) MEN T,:q ,OOD (s 333 ,4 P p y WHEREASjAthe 'BoardCof„I Intervals continuously in the City of Fayetteville, County of Washington, Arkansas Directors hasftne ., aUthorify for more than a period of twelve months, circulated and distributed from an under.: Arks Cade. AnnU,I4- . 54-106 09e7 , to,vacateppor- established place of business to subscribers and readers generally of all classes tions of streets wtiic`h,are not In the City and County for a definite price for each copy, or a fixed rice per . required. for>corpo'rate pur. P poses;,an41 � . annum, which price was fixed at what Is considered the value of the publication. WHEREAS, ;I Boartl of based upon the news value and service value it contains, that at least fifty percent Directors has; that the follOwln9scribed I of the subscribers thereto have paid cash for their subscriptions to the newspaper portion, of }heee�;rlght- or its agents or through recognized news dealers over a period of at least six of-way, . on MillsapAoed be months; and that the said newspaper publishes an average of more than forty Vacated and' to 8ccept the dedicatlon sof a ndrk right- percent news matter. of-way on Mlllsap_koad. NOW, ITHEREFDRE, BE IT ORDAINEDIBY'' THE I further certify that the legal notice hereto attached in the matter of ' BOARD OF ' DIRECTORS 4 OF THE 'CITY 'OF FAYET- 1 TEVILLE, ARKANSAS:_ /(/ / i Section 1. That the City of a�—�.PJ Q r� / 6 2 Fayetteville h'ereby 'vacates and abandons allof Its rights together with the rights of was published In the regulardaily issueof said newspaperfor the public generally;svbiect consecutive insertions as follows: to the reservation ofta;utility easement iln ; and, pint: the �.({ Millsap Road right at way. I The first insertion on the (�` day of C- lg v attached hereto as Exhibit — "A" and madea par,-thereof. Section , x. The,,,Qfy of the second insertion on the day of 19 Fayetteville hereby,,iccepis the dealcation of, a new So toot right-of-way on Miusap the third insertion on the day of 19 Road as shown, In Exhibit i "B" attachea "hereto and maoea part of hereof. 1 and the fourth insertion on the - 1g Section 3.; The City of Fayetteville reserves an easement on, over, across and underthe above described .street right-of construct, lay, removee,, Sworn to and subscribed before me o this ./Ii.,D day of ^ relay, enlarge, and maintain public on ity ZjKs condition Semon bons a ntof of the abandoofwat h said street right-of way the City shall ss held, free and harmless from tpasto Not Public any claims Of the CenTlguous property owne ,nMikekaem- ages to the property My Commission Expires: described h rerQ'I hich damage mpjresuIt,UAom the City, or oNterutilfty-com- DanieS '�,yem�oving and relocatinSudilc utility lines located ' IA -oV upon said i vacated 5treel.�ighYof-way. Section°i7s . copy,of MIs Ordlnanee.tluly certified by Fees for Printing _ S i the CityfClerk'shall be filed In therofficetofdhe 'Recorder of the county and recorded Cost of Proof —. S In the Deed Records of the County. . , s. Cj PAASSED AND APPROV-Total S _ ED this,lath dayo`f J`a uery, 19901 Z . 'aE APPROVED: , 0- , WIIIIamV. Martin , - � Mayor , lt;. r. ATTEST--v� Ts' 1 By: Sherry L.,Th omas rj Cltyderk a , . R L SEAL - - -- - APR 0419M FINANCE DEPT.