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Home My WebLink AboutOrdinance 3657 FILED FOR RECORD '93 AN g 1" 9 5S ORDINANCE NO. -1fi57 WASA . 1.1 CO AR AN ORDINANCE VACATING AND ABANDONW& EXER PORTION OF THE STREET RIGHT OF WAY LOCATED IN 2 PART OF THE 2000-2100 BLOCK OF MARKHAM ROAD, WEST OF SANG AVENUE AS REQUESTED BY JULIAN ARCHER. ; C - s WHEREAS, the City Council has the authority under Arkansas Code Annotated § 14-54- i IJ 104 to vacate portions of streets which are not required for corporate purposes; and t WHEREAS, the City Council has determined that the following described portion of ► the street right of way is a platted but unopened street which is not required for corporate 111 proposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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 following described property located in Washington County, Arkansas: See Exhibit "A" attached hereto and made a part hereof as if set out word for word. 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 maintain public utility lines. Section 3 . Said utility easement shall be for the benefit of the electric power companies, telephone companies, gas companies, and the City of Fayetteville, Arkansas. Section 4. 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 17th day of November 1992 . APPROVED: By: Fred Hanna, Mayor ATTEST: / By :'� aa/ Shenry :Thomas, Cityerk `�' ' 93 01256 EXHIBIT "A" A part of the NW 'k of Section 17 , Township 16 North, Range 30 West, Washington County, Arkansas, described as follows: Beginning at a point 10 feet North of the NW corner of the SE 'A of the NW 'A of said Section 17 and running thence West 50 feet; thence South 40 feet; thence East 100 feet; thence North 40 feet; thence West 50 feet being also the Western-most 100 feet of the right-of-way of Markham Road as shown on City Plats. 93 01257 CER'T'IFICATE OF RECORD Sta' o.° A.almr-Scs SS til,6-j of Faya ttedile 1, Alma Mollm=ytx, Omit Cf_cs ara z ieny fa3ns¢:s.5, City Clerk and Ex- Clt Of Gofldo ^.:x brfr. Vlc. i:,'^:ciCc., y Ofiicla recor^'-er for the y a.:an :c ; C-• :_r„ _. � . : ';r : ' I" . (.. FAya:sevl_lz, da tx.rehy certify that the - aMexed or foreaacta; 6s of recoears irs rin c :fice and the name ap.p ,�;r r 4)rdinance & Resolution b'ak i XVII at andIa . pale d Witness; my - c• '-a.: cr-' 0� day of r'- s, al t .ts 77 � my curt c,,. City Clemd k;x-O(ilefo lteeorder '. . . .- . . .. . ,: an. I STATEofARKANSAS ss. County of Washington I, - hereby certify that I am the publistirof T ORTHWEST ARKANSAS TIMES, a daily newspaper ec having a sond class mailing privilege, and being not less than few pages of five columns each, published at a fixed place of business and at a fixed (daily) intervals ORDINORDINNCEANCE V A6rI , continuously in the City of Fayetteville, Comfy of Washington. Arkansas for more AN ORDINANCE VACATING , � AND ABANDONING A ' than a period of twelve months, circulated and distributed from an established place PORTION OF THE STREET � of business to subscribers and readers generally of all classes in the City and County RIGHT OF WAY LOCATED IIN PART OF THE ' for a definite price for each copy, or a fixed price per annum, which price was fixed 2000-2100 BLOCK O F; at what is considered the value of the publication, based upon the news value and ser- OF SAN M ROAD. WEST vice value it contains, that at least fifty cent of the subscribers thereto have aid OF SANG AVENUE AS RE- tY Pet P ) QUESTED B Y JULIAN ,' cash for thew subscriptions to the newspaper or its agents or through recognized news ARCHER. dealers over a period of a least six months; and that the said newspaper publishes an WHEREAS, the City Council, has the authority under Ark- average of more than forty percent news matter. ansas Code Annotated 14-54-104 to vacate por- tions of streets which are, I further certify that the legal notice hereto attached in the matter of not required for corporate purposes: antl WHEREAS.WHEREAS, the City Council, 4 30-17 has determined that the fol- / lowing described portion of lues published in the regular daily issue of said newspaper for the street right of way is a ' P g Y sP f planed but unopened street consecutive insertions as follows: which is not required for /_ y �� 19 NOW. to purposes. The first insertion on the �,(� da of t l n NOW. THEREFORE, BE IT ORDAINED BY THE CITU 'COUNCIL OF THE Cm OF the second insertion on the day of 19 IF A Y E T T E V I L L E , ARKANSAS; Section 1. That the City of the third insertion on the day of 19 Fayetteville . Arkansas hereby vacates and aban- dons all of its _rights and the fourth insertion on the day of 19 together with the rights of ,the public generally, subject to the reservation of a util- ity easement In and to the following described property Phblishcr / General Manager located in Washington County, Arkansas: lSee Exhibit "A" attached /� hereto and made a part he- Sworn to and subscribed before me on this day of I root as if sat out word' for word. Section 2. The City of Fay- 19 -/OI etteville hereby reserves an easement on, over, across and under the above de- scribed cotl street yre right-of-way re Construct ley, remove. Notary Public relay, enlarge and maintain ary public utility lines. Section 3Said utility easement shall all ba for the benefit of the electric My Commission Expires: - IN power companies, tele- , phone companies, gas Com- , Parties, and the City of Fay- �( etteville. Arkansas. Section 4. A copy of this - , Ordinance duty certified by , I the City Clerk shall he filed in the office of the - ' 1o7 _ dor of the County and ntl re re- Fees f0i Pfinling $ corded in the Deed Records of the County. Cost of Proof $ PASSED AND APPROVED ' this 170h day of November, / Total APPROVED: $ APPROVED: By:AT Fred Hanna. Mayor ATTEST: By: Sherry L Thomas City Clark l Exhibit 'A' 'A part of the NWt/4 of Section 17. Township 16 4 C it; r. v North. Range 30 West. , G Washington County, Arkan "a. described as follows: ' ^ 7 �� Beginning at a point 10 feet �1� North of the NW corner of 'the SEI/4 of the NWl/4 of Irt said Section 17 and running FIIy 41�f1t - )Crt • thence West 50 feet: , 77��[[��''{{ thence South 40( feet;thence East 100 feet: thence North 40 feet: thence West 50 feet being also the Westernmost 100 feet of the rightof-way of Markham Road as shown on City Plats.