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HomeMy WebLinkAboutOrdinance 3639 FILED rCR RECORD b ORDINANCE NO . X92 SEP 1 Aft 9 48 AN ORDINANCE VACATING AND ABANDONING AILLSTHek!M0, AR TITLE AND INTEREST THE CITY OF FAYET'ttEVILLREt HAVE IN AND TO A SANITARY SEWER LINE / UTILITY EASEMENT AND TO AN ALLEY EASEMENT . WHEREAS , a survey map of the subject real property , located at 426 , 428 and 430 W . Dickson St , reflects an abandoned sanitary sewer line located in a utility easement and further reflects an alley easement . A copy of said survey map is attached hereto as Exhibit "A" and made a part hereof ; and , WHEREAS , the record of the City of Fayetteville does not show a conveyance whereby right , title or interest in or to the subject property has been conveyed to the City ; and , WHEREAS , all parties wish to eliminate any cloud which my be on the title as a result of the above survey map or any other document which may be in existence ; and , WHEREAS , the Board of Directors has the authority under x A . C . A . § 14 - 54- 104 to vacate alleys and other public grounds as may ti74 not for the time being be required for corporate purposes ; and , WHEREAS , the Board of Directors has determined that the u following described utility easement and alley easement are not required for corporate purposes . ilu 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 any right , title or interest it may have , together with the rights of the public generally , in and to the following described property utility easement and alley easement which may exist on property located at 426 , 428 and 430 W . Dickson Street , as more fully described in Exhibit " B " attached hereto and made a part hereof . Section 2 . 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 4th day of August , 1992 . APPROV B a, 1' ' — a "Zy ATTE T : or rte/ B � VW City '• C erk 92 44184 C=.RIM ?C�5 ^ C.t< RECC3c it7 G, €^: for t rt E. oB Aza•r,ncas C: . ^r6 0� }• 1, r .4'i ( x r. a y&OIng ::sc:sc:;. , i , . j Gert and Ez" - e &, tht ofa.a�r ResoP :~ Ts • �. G '.7 crrtNy thhiFE'' of P ,.,t a. I BCe,'f and t . iifrae a;ppl ;n aW �e ? t two � � ct:a,: of EXHIBIT "B" ALLEY A 4 . 75 FOOT ALLEY DESCRIBED AS BEGINNING AT A POINT WHICH IS NORTH 72 . 23 FEET FROM THE SW CORNER OF LOT 6 , BLOCK 6 , COUNTY COURT ADDITION TO THE CITY OF FAYETTEVILLE ; THENCE NORTH 4 . 75 FEET ; THENCE EAST 45 FEET ; THENCE SOUTH 4 . 75 FEET ; THENCE WEST 45 FEET TO THE POINT OF BEGINNING . SEW AN ABANDONED CITY OF FAYETTEVILLE SEWER LINE DESCRIBED AS BEGINNING AT A POINT WHICH IS NORTH APPROXIMATELY 105 FEET FROM THE SW CORNER OF LOT 61 BLOCK 6 , COUNTY COURT ADDITION TO THE CITY OF FAYETTEVILLE ; THENCE NORTHEASTERLY TO A POINT WHICH IS EAST APPROXIMATELY 54 ,FEET FROM THE WEST LINE OF SAID LOT 6 , AND NORTH 150 FEET FROM THE . SW CORNER OF SAID LOT 6 . SAID SEWER LINE ABANDONED BY REPLACEMENT OF A NEW EXISTING 'SEWER LINE ON THE SOUTH SIDE OF THE NEW CITY PWING LOT , 92 44185 , ; k \ ! � / \ \ � � � � « # ® ® � \ \ � k � ° Efl � � . ; 2g ! ) f § \ - � � - ki \ : : . � - � _ { ) j « ( \ 1 . 6 � 774 s § zz , , : z < \ � � § kk ` � ) ƒ � � | � � } � k � aJ2lal � ■ ! a0 � � • STATE of ARKANSAS ORDINANCE NO. 3639 ss. AN ORDINANCE VACATING County of Washington AND ABANDONING ALL `I' THE RIGHT, TITLE AND IN- � TEREST THE CITY OF FAY- IETTEVILLE MAY HAVE' . IN I, L lam ) , 5 J QTVXJ�— hereby certify that I AND TO A SANITARYI am the publisherof THE NORTHWEST ARKANSAS TIMES, a daily news SEWER LINE/UTILITYI P y paper EASEMENT AND TO AN having a second class mailing privilege, and being not less than four pages of five ALLEY EASEMENT, columns each, published at a fixed place Of business and at a fixed (daily) intervals MERE S, a survey map bt fere subiect real prdpeny. continuously in the City of Fayetteville. County of Washington, Arkansas for more located at 426, 4211 and 430. than a period of twelve months, circulated and distributed from an established place W. an reflects a r of business to subscribers and readers generally of all classes in the Ci and County W. DicksonDicksodoned sanitary sewer g y City line located in a utility ease- for a definite price for each copy, or a fixed price per annum, which price was fixed ment and further reflects an at what is considered the value of the publication, based upon the news value and ser- alley easement. A copy of said survey map is attachedl vice value it contains, that at least fifty percent of the subscribers thereto have paid hereto as Exhibit "A" and cash for their subscriptions to the newspaper or its agents or through recognized news made a part hereof; and. WHEREAS, the record of dealers over a period of a least six months; and that the said newspaper publishes an the City of Fayetteville does average of more than forty percent news matter. not show a conveyanceA whereby right, title or inter- est in , or to the subject I further certify that the legal notice hereto attached in the matter of property has been con- veyed on . veW to the , all apa I � a,rl%l 1` WHEREAS, all parties U lS A t .►f 0. JLC wish to eliminate any cloud on property located at 426.1 I which may be on the title 428 and 430 W. Dickson was published in there tilaz dein Issue of said newspaper for as a result of the above Street, as more fully de- P g y sp Per survey map or any other scribed in Exhibit . "B at- I consecutive insertions as follows: document which may be- in tached hereto and made. a existence: and, part hereof. - , �� ��jj -� WHEREAS, the Board of Section 2. A copy of this The first insertion on the — Directors day of 19 Directors has the authority Ordinance duly . certified by under A.C.A:' a 14-54-104 to the City , Clerk shall be filed the second insertion On the day Of 19 vacate alleys and other in the office of the Recor- public grounds as may not der of. the County and re- for the time being be re- corded in the Deed Records the third insertion On the day of 19 qulred for corporate pur- of the County. poses: and. PASSED AND AP - WHEREAS; the Board of PROVED this 4th day of I and the fourth insertion on the day of 19 Directors has determined August, 1992. that the following described APPROVED: Fred S. Vorsa utility easement and alley By: easement are not required Mayor for corporate purposes. ATTEST: NOW THEREFORE, BE By: Sherry L. Thomas Publisher)General Manager IT ORDAINED BY THE City Clerk BOARD OF DIRECTORS EXHIBIT. "B" OF THE CITY OF FAVET- ALLEV'. TEVILLE, ARKANSAS: A 4.75 toot alley described Sworn to and subscribed before me on this day of Section 1. That the City as beginning at a point , of Fayetteville,- Arkansas which ' .in North 72.23 feet ' hereby vacates and aban- from the SW corner of Lot 19 g_ dons any right, title or inter- 6. Block 6, County Court ' est it may have, together Addition to the City of Fay- with the rights of the public etteville; thence North 4.75 generally. in and to the fol- feet: thence East 45 feet; lowing described property .thence South 4.75 feet: utility easement and alley thence West 45 feet to the f Notary Public easement which may exist point, of beginning. SEWER j An abandoned City of Fay- etteville sewer line de- My Commission Expires: scribed as beginning at a point which is North ap- proximately 105 feet from the SW corner of Lot 6. Block 6, County Court Addi- tion to the City of Fayti villa: thence Northeasterly (19, go to a point which Is East ap- Fees for Printing $ ' proximately 54 feet from ' the West line of said Lot 6. , and North 150 feet from Costofproof $ the SW corner of said Lot6. pO Said sewer line abandoned Total $ dl0 by replacement of - a new existing sewer line on the South side of the new city parking lot.