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HomeMy WebLinkAboutOrdinance 3643 FILED FOR RECORD '92 SEP 25 Ali i 9y WASHiNCTON CO AR ORDINANCE NO . 3643 A . KOLLMEYER MICROFILMED AN ORDINANCE VACATING AND ABANDONING THAT 2 . 14 FOOT PORTION OF A UTILITY EASEMENT , LOCATED ON THE EAST SIDE OF LOT 44 IN LENHAM HEIGHTS SUBDIVISION TO THE CITY OF JOHNSON , ARKANSAS , THAT IS BEING ENCROACHED UPON BY A DUPLEX , AS REQUESTED BY JAMES AND JOY MATHIAS * WHEREAS , the Board of Directors has the authority under Ark . Code Ann . § 14-54-104 to vacate public grounds which may not for the time being be required for corporate purposes ; and WHEREAS , the Board of Directors has determined that the following described portion of a utility easement is not required for corporate purposes . 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 in and to a 2 . 14 foot portion of a utility easement located on Lot 44 in Lenham Heights Subdivision to the City of Johnson , which is being encroached upon by a duplex , said parcel being located in Washington County and described more fully as follows : See Exhibit "A" , 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 15th day of September , 1992 . APPROVED : By : z Mayor ATTEST :By ..; If City '• Cl k �' 92 48979 CFRTdFICATE OF RECORD State of Arl-ornsa Q'ty of Fay2ttee ills ( SS O ,perry Thon"') City Clerk and Ex.OPPicio recorder F3yeiteville, do hereb the City of annexed or ,foregoln y certify that the office the is of record In ra Ordinance & same y Resolution book pears in Faged� � as I at sea! th7s s 13'itness h �t `- 9:j L-�day of 3n and C[7] Ctcm 6 . 05 EXHIBIT "A" Description of Easement to be Vacated : Beginning at a point which is 15 feet west of the northwest corner of Lot 44 , Lenham Heights Subdivision in Johnson , Arkansas ; thence North 88 degrees 02 minutes and 17 seconds West a distance of 5 . 0 feet ; thence South 0 degrees 45 minutes and 23 seconds East a distance of 72 . 08 feet ; thence South 88 degrees 02 minutes and 17 seconds East a distance of 5 . 0 feet ; thence North 0 degrees 45 minutes and 23 seconds West a distance of 72 . 08 feet to the point of beginning . 92 48980 � � ® # ■ . � x 73 . � � \ \ k { \ \ k � � ! } ka ■ STATE of ARKANSAS l t ss. F County of WashingtonJJJ I, tel, • !� i-NL x4J hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at a fixed (daily) intervals continuously in the City of Fayetteville, Comfy of Washington, Arkansas for more ORDINANCE NO. 3643than a period of twelve months, circulated and distributed from an established place AN ORDINANCE VACATING Section 2. A Copy of this of business to subscribers and readers generally of all classes in the City and County AND ABANDONING THAT Ordinance duly certified by 2. 14 FOOT PORTION OF A the City Clark shall be filed for a definite price for each copy, or a fixed price per annum, which price was fixed _ in the office of the Recor- at what is considered the value of the publication, based upon the news value and ser- ' UTILITY EASEMENT, LO- der of the County and re- vice value it contains, that at least fifty percent of the subscribers thereto have paid CATED ON THE EAST SIDE corded in the Deed Records cash for their subscriptions to the newspaper orts ents or through ihh recognized news OF LOT 44 IN LENHAM i of the County. Pg HEIGHTS SUBDIVISION TO PASSED AND AP - dealers over a period of a least six months; and that the said newspaper publishes an THE CITY OF JOHNSON, PROVED this 15th day of average of more than forty percent news matter. ARKANSAS, THAT IS BE- September, 1992. IING ENCROACHED UPON APPROVED: BY A DUPLEX, AS RE- By: Fred S. VOrsengerr I further certify that the legal notice hereto attached in the matter of QUESTED BY, JAMES AND Mayon ^' JOW MATHWHEREAS, the Board of ATTEST: r�..1 n ^ n� ,r 3/ ( / Directors has the authority ey. Sherry L. Thomas l 7 /—lU' Y lD `Y: City Clerk under Ark. Code Ann. EXHIBIT 'A' / s14-54-1e4 to vacate pubic I Description of Easement to was published N the regular daily issue of said newspaper for grounds which may not for ',be Vacated: consecutive insertions as follows: Ithe time being be required Beginning at a point for corporate purposes: and which is 15 feet. west Of WHEREAS, this Board of the northwest corner of Lot The first insertion on the 30 day of Se n4ein hpk19 Directors has determined , 44. Lenham Heights Subdi- ! that the following described , vision in Johnson. Arkansas; Portion of a utility easement thence North 88 degrees the second insertion on the day Of 19 is not required for corporate 02 minutes and 17 seconds purposes. West a distance of 5.0 feet: BE IT ORDAINED BY I thence South 0 degrees 45 the third insertion on the day of 19 THE BOARD OF DIREC- minutes and 23 seconds TORS OF THE CITY OF East a distance of 72.08 jF A Y E T T E V I L L E and the fourth insertion on the da Of 19 ARKANSAS: feet: thence South n 17 y Section 1. That the City ' seconds 02 minutes and 1f lof Fayetteville, Arkansas seconds Eesti a distance of thereby vacates and aban- 5.0 teen thence North 0 Braes 45 minutes and 2 233 dons all of its rights together with the rights of seconds west a distance of Publisher / General Manager Lha public generally in and 72.08 foot . to the point of to a 2.14 toot portion of a . ginning. utility easement located on Lot 44 in Lenham Heights Sword to and subscribed before me on this day of Subdivision to the City of Johnson, which is being en- IcroaDf-. / DUA i 19 said par upon by a aceddupli , said parcel being located e- Washington County and as I s Mows: more fully as follows: See Exhibit attached Thereto and made a part Notary Public hereof. My Commission Expires: qo / - / Fees for Printing $ Cost of Proof $ b Total $ l nl • `E- OCT 2 01992 VIMIACE DEPT•