HomeMy WebLinkAboutOrdinance 3597 h
'FILED FOR RECORD
' 92 APR 10 PM 12 21
WASH �4OTON CO AR
ORDINANCE NO , 3597 A . K9LLMEYER
AN ORDINANCE VACATING AND ABANDONING A 50 FOOT
ACCESS EASEMENT GRANTED TO THE CITY IN 1970 IN
CONNECTION WITH THE 36 " WATER LINE FROM BEAVER
TREATMENT PLANT .
WHEREAS , the Board of Directors has the authority under A . C . A .
§ 14-54 -104 to vacate portions of streets , alleys and other public
grounds which are not required for corporate purposes , and where
lands have been acquired for any object or purpose which has become
U impossible or impracticable to achieve ; and ,
WHEREAS , the Board of Directors has determined that the
access easement acquired in 1970 in connection with the 36 " water
U line from Beaver Treatment Plant is not required for corporate
purposes and that the purpose for which it was acquired is
impossible or impracticable to achieve .
f4 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
CITY OF FAYETPEVILLE , ARKANSAS :
Section 1 . That the City of Fayetteville , Arkansas hereby
vacates and abandons all of its rights together with the rights of
the public generally , in and to a certain 50 foot ,,access easement
granted to the City in 1970 in connection with the 36 " water line
from Beaver Treatment Plant , described more fully as set forth in
Exhibit "A" attached hereto and made a part hereof .
PASSED AND APPROVED this 18th day of February 1992 .
APPROVED :
By :
Mayor
ATTEST :
� •tt
By , 67
Cl k
92 16826
A _
EXHIBIT "A"
LEGAL DESCRIPTION FOR VACATED EASEMENT
A permanent easement 50 feet in width across the north
440 feet of the SWk of the NWS of Section 29 , Township 18
North , Range 29 West , more particurlarly described as
being 25 foot either side of a centerline described as
follows : The Point of Beginning being 75 foot east of
the northwest corner of said 40 acre tract ;_Ihence South
33 ' 30 ' East 290 feet ; thence South 30 ' ' West to a
point 227 feet east and 440 feet south of the Point of
Beginning .
td
At . . _ ..
92 1682.7
w
o
Y c i F r b y
f y
O ( V
O O
Q :. a �� � - a •. _ - e °
o y g r k
df � $ By on° 8th < � .f 3'
CEYt'1'dFiCI ATE OF RECORD
$tate of Arkansas 8S
Cilpp of Fayettevills
1, herry Thomas, City Clerk and Pyo-
Mclo recorder for the City of
Fayetteville, do hereb� ocerecord rtifY that in MY
or forepin8
office and the same appears In
Ordat
pages Witness Wr "Laand
real day of
19. 24
City mr and Ex-Ol clo Recorder
STATE of ARKANSAS 1
County of Washington _cy� I ^
",,...._ . ti I, � D. V �' V ' -[/cam• hereby certify that I
ORDINANCE NO: 909Y IS am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper
AN ORDINANCE VACATING.
AND ABANDONING A 80/ having a second class mailing privilege, and being not less than four pages of Eve
FOOT ACCESS EASEMENT( columns each, published at a fixed place of business and at a fixed (daily) intervals
• GRANTED TO THE CRY IN,, continuously in the City of Fayetteville, County of Washington. Arkansas for more
)ul
IN CONN ECTIO K.
WITH - THE 38' WATER'' than a period of twelve months, circulated and distributed from an established place
F ItOM a EAV E,R' of business w subscribers and readers generally of all classes in the City and County
MENT PANT. f.
RBAB, me Board or for a definite price for each copy, or a fixed price per aurum, which price was fixed
M las the authorltlf at what is considered the value of the publication, based upon the news value and ser-
`C"°"', t14-e°'los id vice value it contains, that at least fifty cent of the subscribers thereto have aid
portionsof rtraetetY Pef pand 'other pub11 P cash for their subscriptions to the newspaper or its agents Or through recognized news
rutdealers over a period of a least six months; and that the said newspaper publishes an
for, cprpors[e ndand wnere lead` average of more than forty percent news matter.
een, acquired foror purpose whiccome Impossible o4,' I further certify that the legal notice hereto attached in the matter of
ticeble to eohlevI.
tiy /,,�( / /y /� /� nes,-✓�///�'�//REAS, the Board oi. �l A A L A120 •1 . / fi . � A 1"/ lor° has, detsrminOhe ameba ease" was published in the regular daily issue of said newspaper for
acquired In 1870 in 00d
don with the 3B•. carter UW consecutive insertions as follows:
from BeaverTreatmenl�
Plant is not required fP
corporate-purposes and they, The first insertion on the day of Fe& 19
the purpose for which
was,erqulred r the second insertion on the day of 19
or 6praetl0a
NOW THEREFORE, BEI'
IT ORDAINED BV THIt the thud insertion on the da of 19
BOARD OF DIRECTOR Y
OF THE CITY OF FATET,0
TEVRAE• ARS' and the fourth insertion on the day of 19
swoon 1. That the CiW
of Fayetteville. Ark°nsa;
hereby "Miss and °Darr„
done all of its ri0httil�,,
together with the rights 01I
the public generally, In end. Pu fisher / General Manager
to a certain BO,foot eocesa,
easement granted to this.
City In 1870 In oonnectbir
'with the 38' , water lin°. Sworn to and subscribed before me on this VS / day of
from, Beaver Treatmerib
• Rant.. described MOM fuffr
•ss set forth In Exhibit 'A ' &U 1 19
i attached hereto and made F,
pert hereof.
FABBED AND AP: „• , , , , ,
PROVED this 18th deyVO1• .. . 1 ._ ' ..
February, 1992. 1 1. APPROVED•t•
I. FS. Vorasnge4' o[ Public
• By. s sriv L. Thorroa'
CIN Clark My Commission Expires: r "
; r .
ErOffBfT -A- -
LEGAL DESCRIPTION Mr•VACATED EASEMENT I
!/
A Permanent easement SQ -1=
feet in width across [IN: ..,
north 440 fast of 'the SW.
% 1/4 o1 the {dW.•`1/4. of Se¢. • � 'J .
tion 28, TOyynahip 18 NartR Fees for Printing $Its � .
to �dW nes Delray'
?2E foot ah or aide; of , Cost of Proof $
eentedira described u tolj $3
,"i bvva: Tia Pokn of Begin.. Total $
. rung being 75 foot east or
the northwest , comer o�
seas •'40 sore traeu d+aaaf
�South 33' 30' .East 290r
- feet: 'the rwe , Sarah 30' WP
Wert to a Po hn 227 feel`
• cert and '440 fest south bt
tthe Print of Be9Inning.
J'
P• ECORD
092 APR 8 An 10 51 91BVRN
TRACT NO , 133
R�'G O%' F` FON GO AR i 7� RANT PROD . NO . 91-5903
STATE OF ARKANSAS ) P
COUNTY OF WASHINGTON )
KNOW ALL MEN BY THESE PRESENTS :
That James D . Cypert and Gaye A . Cypert husband and wife ,
for and in consideration of the sum of One Dollar ( $ 1 . 00 ) and
other valuable considerations , cash in hand paid by the City of
Fayetteville , the receipt of which is hereby acknowledged , do
hereby GRANT , SELL AND CONVEY to the City of Fayetteville , a
municipal corporation , its successors and assigns , free and
unrestricted right of way and easement to construct and use an
access roadway , described below , on , over , across , the
following described real estate , to-wit :
PROPERTY DESCRIPTION :
A parcel situated in the SW1 / 4 of the NW1 / 4 of Section 29 , Township
18 North , Range 29 West as described in Deed Book 1046 at page 396
of the records of the Circuit Clerk and Ex-Officio Recorder of
Washington County , Arkansas ,
RIGHT OF WAY DESCRIPTION :
Beginning at the Northwest corner of the Southwest Quarter ( SWI / 4 )
of the Northwest Quarter ( NW1 / 4 ) of said Section 29 , thence
L� - N89039 ' 07 " East 30 feet ; thence S00012154 " West 110 feet ; thence
S89°39107 " West 30 feet ; thence NOOe1215411 . East 110 feet to the
4 Point of Beginning .
TO HAVE AND TO HOLD unto said Grantee , its successors and
assigns , forever , together with all the improvements and
appurtenances thereunto belonging , and we , the said James D . Cypert
and Gave A . Cypert , husband and wife , hereby covenant that we are
lawfully seized of said land and premises ; that the same is
unencumbered , and we will forever warrant and defend the title to
the said lands against all legal claims whatsoever , provided no
assignment shall be effective unless first approved in writing by
the above grantors or their heirs or assigns .
19�ZWITNESS our hands and seals this of ,
mes D . Cypert
Gaye Cypert
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF * M )
BENTON
BE IT REMEMBERED , that on this day came before me the
undersigned , a Notary Public , within and for the County aforesaid ,
duly commissioned and acting , James D . Cypert and Gave A Cypert
husband and wife , to me well known as the Grantors in the foregoing
instrument , and stated that they had executed the same for the
consideration and purposes therein mentioned and set forth .
WITNESS my hand and seal as such Notary Public on this 7th
day of April , 19 92 . /
M Commission Expires : March 1 , 2000
My _T P Notary Public
OFFICIAL SEAL
else Brown 92 16301
NOTARY PUBLIC
Benton Co., AR
, RECORD 1B SRO
TRAC
092 APR 10 PPI 12 29 PROJ :' - 03
R
1 :1i
mc ORAHT OF WAY GRANT
A . E , :" L !fEYER
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
KNOW ALL MEN BY THESE PRESENTS :
That Jerry C Clark and Becky Clark , husband and wife , for
and in consideration of the sum of One Dollar ( Sl & 00 ) and other
valuable considerations , cash in hand paid by the City of
Fayetteville , the receipt of which is hereby acknowledged , do
hereby GRANT , SELL AND CONVEY to the City of Fayetteville , a
municipal corporation , its successors and assigns , free and
unrestricted right of way and easement , to construct , lay , remove ,
relay , enlarge , operate , and use , an access roadway , described
below , on , over , across , and under the following described real
estate , to-wit :
PROPERTY DESCRIPTION •
A parcel situated in the SW1 / 4 of the NW1 / 4 of Section 29 , Township
18 North , Range 29 West as described in Deed Book 856 at pages 715
and 716 of the records of the Circuit Clerk and Ex-Officio Recorder
of Washington County , Arkansas ,
RIGHT OF WAY pESCRrpTION •
'i
I.1. Beginning at a poiAt which is S00012 ' 54 " West 110 feet from the
4 Northwest corner of the Southwest Quarter ( SW 1 / 4 ) of the Northwest
Quarter ( NW1 / 4 ) of said Section 29 ; thence 800012 ' 54 " West 220 . 24
C feet ; thence S22°54 ' 24 " East 70 . 22 feet ; thence S52059 ' 24 " East
I 119 . 10 feet ; thence S34 °15 ' 24 " East 39 . 36 feet ; thence N55044 ' 36 "
1 East 25 feet ; thence N34015124 " West 38 . 91 feet ; thence N52059 ' 24 "
West 116 . 51 feet ; thence N22054124 " West 58 . 39 feet ; thence
H00012154 " East 165 . 37 feet ; thence N89039FO711 East 25 feet ; thence
- N00012 ' 54 " East 50 feet ; thence S89039 ' 07 " West 50 feet to the Point
of Beginning ,
TO HAVE AND TO HOLD unto said Grantee , its successors and
assigns , forever , together with all the improvements and
appurtenances thereunto belonging , and we , the said Jerry C Clark
and Beckv Clark husband and wife , hereby covenant that we are
lawfully seized of said land and premises ; that the same is
unencumbered , and we will forever warrant and defend the title to
the said lands against all legal claims whatsoever .
WITNESS our hands and seals this � ' day of
J c , lark
Becky Clark
�� 2 16822
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
BE IT REMEMBERED , that on this day came before me the
undersigned , a Notary Public , within and for the County aforesaid ,
duly commissioned and acting , Jerry Ce Clark and Becky Clark
husband and wife , to me well known as the Grantors in the foregoing
instrument , and stated that they had executed the same for the
consideration and purposes therein mentioned and set forth .
WITN S my hand and seal as such Notary Public on this _
day of
Notary Public
My Commission Expires :
plot
FT
' NOT
P
' woo
08 LI . „? �
yam .• . . .. •:ate
N oo�r.�ty • '
92 ls92J