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HomeMy WebLinkAboutOrdinance 3504 FLED FOR RECORD ' 90 SEP 13 AM 9 32 ORDINANCE NO , 3504 ASHINUTON CO AR A. KOLLMEYER AN ORDINANCE VACATING AND ABANDONING AN PORTION OF BETTWEENDRAZORBACK ROAD ANDSELL OLIVERRA WO LME D WHEREAS , the Board of Directors has the authority under A . C . A . § 14 - 54 - 104 to vacate portions of streets and alleys which are not required for corporate purposes and , WHEREAS , the Board of Directors has determined that the platted street located between Razorback Road and Oliver Avenue is not required for corporate purposes . NOW THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the Board of Directors hereby vacates and abandons , subject to the reservation of a public utility easement in and to the property , the platted street located between Razorback Road and Oliver Avenue as more fully set forth in +J� Exhibit "A" attached hereto and made a part hereof with the _ following stipulations : U 1 . All existing utility easements shall remain in place . a 2 . A 20 foot wide public access easement , ten feet on each side on the centerline of the existing right of way , shall be retained . 3 . A 20 foot wide utility easement , ten feet on each side of the centerline of the existing sanitary sewer line shall be retained . Section 2 . A copy of this ordinance duly certified by the City Clerk shall be in the office of the recorder of the county and recorded in the deed records of the county . PASSED AND APPROVED this 4th day of September 1990 . APPROVED : CIT !�. By : ; . Mayor ., ' ATTEST �� - By �� D�nnpp City C1 k' LIBIR1384PAGE508 >�q ,'•, ,, EXHIBIT "A" LEGAL DESCRIPTION Of an Unopened Portion of Halsell Road to be Officially Closed A part of Northwest Quarter ( NW4 ) of the Northeast Quarter ( NE4 ) of Section Seventeen ( 17 ) , Township Sixteen ( 16 ) North , Range Thirty ( 30 ) West , described as follows , to -wit : Beginning at a point 640 . 00 ' South and 29 . 00 ' West of the NE corner of said NW4 -NE4 , said point being the intersection of the West R/W line of Razorback Road with the North R/ W line of an unopened portion of Halsell Road , thence West along said North R/W line 370 . 00 ' to the East R/W line of Oliver Avenue , thence South 40 . 00 ' to the South R/W line of Halsell Road , thence East along said South R/W line 370 . 00 ' to the West R/W line of Razorback Road , thence North 40 . 00 ' to the point of beginning , containing 0 . 34 acres , more or less . LESS & EXCEPT : 11 . 00 ' of equal and uniform width off the East side of the above - described property to be used for R/W for Razorback Road . LESS & EXCEPT : A 20 foot wide public access easement , 10 feet on each side of the centerline of the existing right - of -way . LESS & EXCEPT : A 20 foot utilities easement , 10 feet on each side of the centerline of the existing sanitary sewer line . USER 1384PAGE 509 State of Arhanm D ofFayettevilleerry fir.. io reccrr? t,f Fayetteville, do ;qG annexed or fo^ r1y office and 3 in OOrgdinance €r _. pa reale 1, Alma Kollmeyer, Circuit Clerk and 19 "' _ " -'�'�� Ex•cfficio C cc-der for Washington County, Arvanccs, do homby certify that this In- 7- •� _ ,, ,.. .._.; 8a scu-nc It was f::cd for record in my office m iniac-ted h_reon and the mme is now duly rcco, dcd s.11 tLia acknowicdgoment and ccr,:':cato t::croon in Record Book and Po,o a ind-c -d fhuroon. gl ; ;:,;b WF;:3:CF, I have hereunto ast my hand and affixed the seal of said Court on the date indicated hereon. Alma Ko:'moyer Circuit Clerk and Exofficio Recorder by a7 - 72 State of d OF RECORD I j� of Fa3� pe erry Th SS F Yetta onz r r tit Ci erh and L�- anneaed p do hePeh the City of 0Mce aad of �f8+ is that the Paget�� & ResoluAon a aPPea In >fit aea= Witness �'�� at 19 g o day of y an ae l itCler$ Z01 ZX-Offlclo Re;ordcr • �R0 N�N. C C�'tlb'95 VACAf 'R"DY N .�A,.N ' ' VACATING AND° 'ABANr DONING AN UNOPENED STATE of ARKANSAS PORTION OF -H D BEE ROAD LOCATED BE- a9. TWEEN RAZORBACK County Of Washington ROAD AND OLIVER ty ngt AVENUE. - r WHEREAS, .the Board of 'n � Directors has the authority /1\1\11 under .A.C.A. S 14-5A-1W to. hereby certify that I vacate portions of streets am the publisher of E NORTHWEST ARKA161SASTIMES, a dally newspaper and alleys which are not re- having a second class mailing privilege, and being not less than four s of qulred_tor •corporate our- POWs g P 6 g page Poses and, five columns each, published at a fixed place of business and at a fixed (dally) WHEREAS, the Board of intervals continuously In the City of Fayetteville, County of Washington, Arkansas Directors has determined that the plotted street locat. for more than a period Of twelve months, circulated and distributed from an ed between Razorback Road established place Of business to subscribers and readers generally of all classes and Avenue a not ur- In the Cit and Count for a definite rice for each co p per and OliverOl for corporate purr Y Y P copy. or a fixed rice r poses. . . annum, which price was fixed at what Is considered the value of the publication, ' Now THEREFORE, BE based upon the news valueand service value It contains, that at least fifty percent B ORDAINED BY. THE ORS ' BOARD OF DIRECTORS of the subscribers thereto have paid cash for their subscriptions to the newspaper OF THE CITY OF 'FA'YET- Or its agents Or through recognized news dealers Over a period Of at least six TEVILLE, ARKANSAS: Section 1. That the Board months; and that the said newspaper publishes an average of more than forty of Directors hereby vacates percent news matter. and abandona, sUbjeCt. to the reservation of,a:pliblic�utili- ty easement In End to the I further certify that the legal notice hereto attached In the matter of property, the platted street located between Razorback Road and Oliver Avenue as Ex- hibit .,',A'!attacite.p.. hereto and me de a part hereof with / the fol lowing stipulations: was published In the regular daily Issue Of said newspaper for 1. All existing utility , ease. consecutive insertions as follows: ments shall remain in place. / 2. A 20 feet wide public ac- cess easement, ten feet on The first insertion on the LL da Of 19 each side on the centerline Ot, Y — '(., tithe zt5;(ag'.right of - way,) sn'aldberetainea., the second Insertion on the day of 19 3. A 20.4foct wide utllltYt easement, ten feet on each, side of the centerline of the the third Insertion on the day of 19 existing sanitary sevier line shall be retained. Section 2. A COPY Of this and the fourth insertion on the __ d ordinance duly certified by P the City Clerk shall be in the of Ice Of the recorder of the county and recorded In the deed records of the county. Sworn to and subscribed before me this�MLday of PASSED AND APPROV- ED this 4th day Of September, 1990. APPROVED: . By: William V. Martin Mayor ATTEST:. --- _ By: Sherry L.Thomas Not y Public Clty Clerk EX CRP My Commission ExpiresOf an LEGALDESDESIgpened ON P Poon of - t.� Helsel)l RRoad s ee OHitl Closed of A part of Northwest Quarter fame) ofthe of SectstheasQuarter ( en ( ) , Section Seventeen .( 771 , ownsmp Sixteen ( S 30) Fees for Printing — N North, Range Thirty t3W � West, described as follows, , to-wit: Cost of Proof _. 5 . Beginning at a point "0.00' South and 29.00' West of the NE corner of said Total S 7 N W t/-N Et/A, said point being the Intersection of the West. R/W line of Razorback Road, With the North R/W line of. an unopened portion of LESS & EXCEPT : 11.00' of Helsell Road, thence West equal and uniform width off aldhg mid North R?W line the East 370.00' tothe East R/W line described property to be us of Oliver Avenue, thence, ed for R/W for RaZOrbackf South .00' to the South R/W line of Halsell Road, BLESS 6 EXCEPT : A 20 foot thence East along said South wide public access ease- �J R/W line 370.00' to the West ment, 10 feet on each side of R/W line of Razorback I thecenterline Of the existing r� P Road, thence North 40.00' to right-of-way. Flit p f\iCE the point of begining, con- t LESS*& EXCEPT: A 20 foot t taming 0.34 acres, more or utilities easement, 10 feet on less. - _ -_ _ each side of the centerline of the existing sanitary sewer line.