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HomeMy WebLinkAboutOrdinance 3640 FILED FOR RECORD. 492 SEP 25 M 1 14 N41CROFILMEP ORDINANCE NO . IrAn WASHINGTON CO AR A . KOLLMEYER AN ORDINANCE VACATING AND ABANDONING ALL THE RIGHT , TITLE AND INTEREST THE CITY OF FAYETTEVILLE MAY HAVE IN AND TO A WATERLINE/ UTILITY EASEMENT LOCATED ON PROPERTY OWNED BY THE SIMPLEX MOTEL GROUP , WEST OF SHILOH DRIVE AND SOUTH OF HIGHWAY 62 WEST . WHEREAS , the Board of Directors has the authority under A . C . A . § 14 - 54- 104 to vacate public grounds as may not for the time being be required for corporate purposes ; and , WHEREAS , the Board of Directors has determined that the following described waterline/utility easement is not required for corporate purposes . Y NOW THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE r CITY OF FAYETTEVILLE , ARKANSAS : v Section 1 . That the City of Fayetteville , Arkansas hereby �S 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 waterline/utility easement , located on property owned by the Simplex Motel Group , west of Shiloh Drive and south of Highway 62 West , as described more fully in Exhibit "A" attached hereto and made as 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 1st day of September , 1992 . APPROVED : 7 A� By : . 2 & -Mayor ATTEf . By . City C 7gerk '^ , `92 4:8973 CHI ' st ' R Of � q o2T! 111prryoar ! e and b. g� er !w ! ` of Q 1 GI _. r/ \' r � relb ivy \ Say /6 b , Rne �©ma m W, a m Ila a �333 / I� �=���J Y r Exhibit "A" Description of easement to be Vacated : A part of the Southeast Quarter of the Northeast Quarter of Section 19 , Township 16 North , Range 30 west of the Fifth Principal Meridian , more particularly described as follows : A ten foot wide tract , the center of which begins at a point 715 . 4 feet West and 81 . 3 feet South of the Northeast Corner of the said 40 acre tract ; thence East along the centerline of an existing 10 foot easement a distance of 157 feet ; thence South along a line parallel to and 82 feet West of the East property line for a distance of 157 feet . 92 48974 � Y V 7 - ° O V S n mc v c E ° .� aza � � BZ � s ao � 3 T ORDINANCE NO. 3640 STATE of ARKANSAS 1 AN ORDINANCE VACATING J} ss. AND ABANDONING ALL County of Washington THE RIGHT. TITLE AND IN- TEREST THE CITY OF FAY- ETTEVILLE MAY HAVE IN C 1 AND TO A WATERLINE/ I, .Q �(]J here l t}Ia[ f UTILITY EASEMENT LO- by Cel CATED ON PROPERTY am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper OWNED BY THE SIMPLEX , having a second class mailing privilege, and being not less than four pages of five MOTEL GROUP, WEST OF S H I L O H DRIVE AND columns each, published at a fixed place of business and at a rued (daily) intervals SOUTH OF HIGHWAY 62 continuously in the City of Fayetteville, County of Washington, Arkansas for more WHEREAS, than a period of twelve months, circulated and distributed from an established lace WHEREAS, the Board of Pcr P Directors has the authority of business to subscribers and readers generally of all classes in the City and County under A.C.A 314-5x104 to for a definite price for each co or a fixed rice r armum, which rice was fixed vacate public grounds as Pri PY• P Ix P may not for the time being at what is considered the value of the publication, based upon the news value and ser- be required forcorporata vice value it contains, that at least fifty percent of the subscribers thereto have paid purposes: and cash for their subscriptions to the newspaper or its agents or through recognized news WHEREAS, the Board of dealers over a period of a least six months; and that the said newspaper publishes an Directors has determined average of more an for percent news matter. that the following described than h' wat9dine/utility easement is not required for corporate I further certify that the legal notice hereto attached in the matter of purposes. NOW THEREFORE. BE M � I I� ^ �� 0 J NW IT ORDAINED BY THE 4�_ F� ( ) BOARD OF DIRECTORS ' OF THE CITY OF FAYET- ' / I TEVILLE, ARKANSAS: was published in the regular daily issue of said newspaper for Sectlon 1. That the City consecutive insertions as follows: of Fayetteville. Arkansas hereby vacates and aban- dons any rignL due or inter- The f rst insertion on the ( day of 19 est it may neve, together with the rights of the public the second insertion on the da of 19 generally, s and to the fol- Y lowing described watedin n utility property o easement, located on the third insertion on the da of 19 property owned by the Y Simplex Motel Group, west ofhDrive and soden of Highway 82 Wast, as de- Y and the fourth insertion on the da of 19 scribed more fully in Exhibit Ma attached pan hereto and made shereof. • Section pert lon 2. A copy of this Ordinance duly certified by Pdblisher / General Manager the City Clerk shall be filed in the office of the Recor- der of the County andre- cordedin the Deed Records offthe county: Sword to and subscribed beY fore me on this :J da of the PASSED AND AP- 0 -I-.- .liV 19 � PROVED this 15th day of Ly � I.. n/ .d( f September. 1992.2. APPROVED: By: Fred S. Vorsanger ATTEST: Mayor By: Sherry L. Thomas Lary Public City Clerk EXHIBIT 'A' Description of Easement to baAeoetetl:part of the Southeast My Commission Expires: Quarter of the Northeast DI ' O I Dua Iter of Section 19, r Township 16 North, Range 30 Wast of the Fifth Princi- pal Meridian. more partictr lady described as follows: A tan foot wide tract. the Fees for Printing $ o. center of which begins at a lo point 715.4 feet West and 61 .3 feet South of the Cost of Proof $ Northwest Corner of the said 40 etre tract: thence Total $ ( J East along the centerline of existing a foot ease- ment157 a distance al g a feet; franca South 82 f t line parallel to and 62 feat Wes[ of the East property I � ® ine for a distance Of 157 ^ \ 'eet. � V oc� 2 01992