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Home My WebLink AboutOrdinance 3623 • FILED ;FAQ RECORD ORDINANCE NO . 3623 ' 92 RUG 14 RM 1155 AN ORDINANCE VACATING AND ABANDONIN642 PORTIj(ANCO AR OF THE STREET RIGHT-OF-WAY FOR UNIMEIZ§�mv AVENUE NORTH OF 11TH STREET FOR APPROXIMATEt; ER a 563 FEET . WHEREAS , the Board of Directors has the authority under A . C . A . § 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 for University Avenue north of 11th street for approximately 563 feet 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 City of Fayetteville , Arkansas 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 a portion of the street right-of-way for University Avenue north of 11th Street for approximately 563 feet , more or less , as more fully set forth in the legal description attached hereto as Exhibit A and made a part hereof . Section 2 . The City of Fayetteville hereby reserves an easement on , over , across and under the above described street right-of-way to construct , lay , remove , relay , enlarge , and/or maintain public utilities for the benefit of electric power companies , telephone companies , gas companies , and the City of Fayetteville , Arkansas . Section 3 . 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 21st day of July , 1992 . APPROVED : 7/. ; . By, i May-dr ) ATTEST : BY . . O � City Ol k'r? 92 41416 T1 . CEP?ir�f•� T,E OF RECORD Stsfe of Ci; v of2tea:is3 SS risNcla r s Y Cerg and Eco- cas ¢'er l the do heret ' r City of aur, "ze + ox tareains� erttfy that the r, ifice a ad the �u oY record In ray (:"Insnce & same apPears In p� r we Resolution boor �.stpis Witness rnY LOlt an aro�t dZla�Lday of "Y CI'Mw d Ez�Omt�:o-� --- Recorder %t EXHIBIT t A LEGAL DESCRIPTION OF A PORTION OF UNIVERSITY AVENUE ( 52 ' R/W ) TO BE CLOSED A part of the East 1 / 2 of the NW/ 4 of Section 21 , T- 16-N , R- 30 -W , and being more particularly described as follows , to wit : Beginning at a point 426 . 20 ' West of the SE Corner of the NE/ 4 of said NW/ 4 , thence South 122 . 50 ' , thence West 72 . 00 ' , thence Northeasterly along a 20 ' -radius curve to the left 31 . 421 , thence North 543 . 001 , thence East 52 . 001 , thence South 440 . 50 ' to the Point of Beginning , containing . 67 Acres , more or less . t 92 41417 r - � ut � � ma Ps ° u > c m` F 0 2' 45 c Q c m L L C C O STATE of ARKANSAS 1 ORDINANCE NO. 3623 J} ss. AN ORDINANCE VACAT- County of Washington ING AND ABANDONING A PORTION, OF THE STREET RIGHT-OF-WAV FOR UNI- j\ Ste'—�4e/ p VERSITY AVENUE NORTH S ' IBJ • �7 ' II I�JVQ� here that OF 11TH STREET FOR AP- I• by certify PROXIMATELY 563 FEET. am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper WHEREAS, the Board- of having a second class mailing privilege, and being not less than four pages of five Directors nes the authority columns each, published at a fixed lace of business and at a fixed (daily) intervals unectorsder as th 4-54-704 P P ( Y) (1987) to vacate portions of continuously in the City of Fayetteville, County of Washington. Arkansas for more streets which are not re- than a period of twelve months, circulated and distributed from an established lace street for corporate pur- P� P poses: and - of business to subscribers and readers generally of all classes in the City and County WHEREAS, the Board of d for a definite ce for each Directors has determined prim copy, or a fixed price per annum, which price was fixed that the following described at what is considered the value of the publication, based upon the news value and ser- portion of the street right- vice value it contains, that at least fifty percent of the subscribers thereto have paid of-way for University Av- enue north of 11th Street cash for their subscriptions to the newspaper or its agents or through recognized news for approximately 553 feet dealers over a period of a least six months; and that the said newspaper publishes an is not required for corporate average of more than purposes. a8 forty percent news matter. NOW ' THEREFORE, BE IT ORDAINED By THE I further certify that the legal notice hereto attached in the matter of BOARD OF ' DIRECTORS OF THE CITY OF FAVET- /�'� /t A TEVILLE, ARKANSAS: ( J oLk n Section 1. That the City of Fayetteville, Arkansas hereby vacates and aban- was published in the regular daily issue of said newspaper for dons all of its rights together with the rights of consecutive insertions as follows: the public generally, subject to the reservation of a util- The first insertion on the day of 20� ity easement in and to the a portion of the street right- of-way for University AV- the second insertion on the day of 19 anus north of 11th Street for approximately. 563 feet. more or less, as more fully the third insertion on the day of 19 set forth in the legal de- scription attached hereto as Exhibit A and made a part and the fourth insertion on the day of 19 hereof. Section 2. The City of / Fayetteville hereby reserves an easement on, over, across and under the above described street right-of- Publisher / General Manager way to construct. lay, re- move, relay, enlarge, and/or maintain .public utilities for / (J day of the benefit of electric Sworn to and subscribed before me on this poi-ier companies. tele- phone companies, gas com- panies. and the City of Fay- 19 etteville. .Arkansas. Section 3. A ,copyof this ordinance duly certified by the city clerk shall be filed in the office of the Recor- 0 , lic der of the County and re- corded in the deed records of the county:. ,.. PASSED AND APPROVED My Commission Expires: this 21st day of July, 1992. APPROVED: ^ / I D / By: Fred S. Vorsar `7 (J Mayor ATTEST: By: Sherry L. Thomas City ClerkEXHIBIT. A ^' LEGAL DESCRIPTION OF Fees for Printing $ A PORTION OF UNIVERSITY AVENUE (52' R/W) Cost of Proof $ TO BE CLOSED "� O A part of the East 1/2 of Total $ I I a RIO the NW/4 of Section 21, T-16-N, R-30-W, and being more particularly do- scribed ai follows, to wit Beginning at a point 425.20' West of the, BE Corner of the NE/4 of . said NW/4, thence South 122.50', thence West 72.00', thence Northeas- terly along a 20'-radius curve to the left 31.42', thence North 543.00'. thence East 52.00', thence South 440.50', to the Point of Beginning. con- taining .67 Acres, mora or lass. o�twrer► ORDINANCE , % f MUM xx AN ORDINANCE VACATING AND ABANDONING A" PORTION OF THE STREET RIGHT-OF-WAY FOR UNI; . VERSITY AVENUE NORTH OF 11TH STREET FOR' APPROXIMATELY 563 FEET. WHEREAS , the Board of Directors has the authority under A.C.A S14-54-104 (1987) to vacate portions of streets which are not required for corporate purposes; and WHEREAS, the Board of Directors has determined that the fol- lowing described portion of the street right-of-way for University. Avenue north of 11th street for approximately 563 feet is not. required for corporate purposes. NOW Y THE BOARD DIRECTORS OFT E CITY OF FABE IT YETTEVI AINEDL E, ARKANSAS; OF Section 1 1 That the City of Fayetteville, Arkansas 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 a portion of the street right-of-way for University Avenue north of 11th Street for approximately 563 feet, more or less, as more fully set forth in the legal description attached hereto as Exhibit A and made a part hereof. Section 2. The City of Fayetteville hereby reserves an ease- ment on, over, across and under the above described street right- of-way to construct, lay, remove, relay, enlarge, and/or maintain; public utilities for the benefit of electric power companies, tele- phone companies, gas companies, and the City of Fayetteville, Arkansas. Section 3. 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 21 st day of July, 1992. APPROVED: By: Fred S. Vorsanger, Mayor ATTEST: By: Sherry L. Thomas, City Clerk _s