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HomeMy WebLinkAboutOrdinance 3665 FILED FDR RECORD ORDINANCE NO. '16 5 ' 93 AN 21 AR 1101 AN ORDINANCE VACATING AND ABANDON64,HiI+,4TON CO AR PORTION OF THE STREET RIGHT-OF-WAY FOR PROP'EICTYL M EYE R LOCATED IN THE 800 BLOCK OF W. WALKER STREET AND SOUTH OF 15TH STREET, AS SUBMITTED BY MICHAEL CURTIS . WHEREAS, the City Council has the authority under Ark. Code Ann. § 14-54- 104 to vacate portions of streets which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the street right-of-way for the property located in the 800 block of W . Walker Street and South of 15th Street, as submitted by Michael Curtis, is a platted but unopened street which is not required for corporate purposes. 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 western most 20 feet of the following described property located in Washington County, Arkansas: See Exhibit "A " , attached hereto and made a part hereof. Section 2 . The City of Fayetteville hereby reserves an easement on, over, across and under the western most 20 feet of 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, cable 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 15th day of December 1992. AP%Fred By: Hanna, Mayor ATTEST: '1:' By . a ! FJ3 ;�►ltl i Sherd w ;� ity Clerk r i CERTUICATE OF RECORD State of Arbznsas ( SS Cit of Fayetteville I, s henry Taomp.s, City Clerk and Ex- Officlo recorder for the City of Fayetteville, do hereby certify that the annexed or foregoing is of record in my office and the same , appears in Ordinance & Resolution book OV 1 I at page 2) 3 7 . Witness my lianT and seal s day of D...� 19 9 �- City Clerdc end Ex-Officlo Recorder x e s EXHIBIT A Legal Description Part of the NWIA of the SWI/4 of 21-16-30, more particularly described as beginning at the Southwest corner of Lot 10, Block 1 , Parksdale Addition, and running thence East along the North side of Walker Street 125 feet to the Southeast comer of said Lot 10, thence South 60 feet, more or less, to the Northeast comer of Lot 1 , Block 6, Parksdale Addtion, thence West along the North side of Lot 1 , Bock 6, 125 feet to the intersection with the East right of way Duncan Street, which is also the Northwest comer of Lot 1 , Block 6, Parksdale Addition, thence North 60 feet to the point of beginning. r. N ~.on3'3 �.,o='de• for 'lzv,hC erL, rn °cnt V., .-, )etch). m- i vron C°ury C indio7r ,cy !a r rh°r in n the fond cart �y ! he Zorn* 800v- !Ver erl or). ord 8 k and Curt on°od end o/!R the hove herovato mO lC°ltrn°Ycr !e rMic°ley hereo Of n S n org Kull Clerlc o M �0 QBCOMar by STATEofARKANSAS l J} 55. County of Washington 1 e I, I hereby certify that I am the publis} of TH ORTHWEST ARKANSAS TIMES, a daily newspaper having a sewn class m ng 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, County of Washington. Arkansas for more than a period of twelve months, circulated and distributed from an established place ORDINANCE No. 3665 Property located i n AN ORDINANCE VACATING Washington County . of business to subscribers and readers generally of all classes in the City and County AND ABANDONING A Arkansas: for a defmite price for each copy, or a fixed price per annum, which price was fixed PORTION OF THE STREET Exhibit " A " , attached 3[ Whffi lS considered the value Of the publication, based upon the news value and ser- . RIGHT-OF-WAY FOR PROP- hereto and made a part P 1" ERTY LOCATED IN THE hereof. vice value it contains, that at least fifty percent of the subscribers thereto have paid 800 BLOCK OF W . Section 2. The City of Fay- Cash for their subscriptions to the newspaper a r or its agents Or through recognized news WALKER STREET AND etteville hereby reserves an P SF Fc8 SOUTH OF 15TH STREET, easement on, over, across dealers over a period of a least six months; and that the said newspaper publishes an AS SUBMITTED BY MI- and under the western averageof more than for percent news matter. CHAEL CURTIS. most 20 feet of the aboveforty WHEREAS, the CRY Council described street right- of-Chas the authority under Ark. way to construct, lay, re- I further certify that the legal notice hereto attached in the matter of Coda Ann. §14b4-104 to move, relay, enlarge, and vacate portions of streets maintain public utility lines. ^ n 5 which are not reN required for Section 3. Said utility ease- ��� no I n Q corporate purposes: and ment shall be for the bene- WHEREAS, the City Council I fit of the electric power I has determined that the fol- companies. telephone corn- i was published in the regular daily issue of said newspaper for lowing described portion of ponies, gas companies, consecutive insertions as follows: street rightof-way, for the cable companies, and the . property located in the SOO City of Fayetteville . —h/ block of W. Walker Street Arkansas. The fiTSI Insertion On thQJr day Of T)PPMANk , l9 Q and South of 15th Sheet. Section 4. A copy of this .as submitted by Michael Ordinance duly certified by the second IILSertiOn on ti1C de Of 19 Curtis, is a platted but un- the City Clerk shall be filed Y . opened street which is not in the Office of the Recor- required for corporate der of the County and re- the [hlidlr15ert10nOnthe de Of ]9 purposes. corded in the Deed Records ' Y NOW, THEREFORE, BE IT of the County. ORDAINED BY THE CITY ' PASSED AND APPROVED and the fourth insertion on the day of 19 COUNCIL OF THE CITY .OF this 15th day of December. FA YE T T E V ILLE ; ' 1992. ARKANSAS: . APPROVED: Section 1. That the City of By: Fred Hanna. Mayor Fayetteville, Arkansas ATTEST: ) � (is: hereby vacates and eban- By: Sherry L. Thomas Pub 15 r / General Manager dons all of its rights City Clerk together with the rights of EXHIBIT A the public generally, subject Legal Description to the reservation pf a utile Part of the NWl/4 of the Sworn to and subscribed before me on this cz� de of ity easement in and to the SWIM of 21 -16-30. more Y western most 20 feet of Particularly described as be- J? - - ,_� the following described ginning at the Southwest ��� 19 -- . corner of Lot 10, Block 1 , Perksdele Addition, and run- ning thence East along the , North side of Walker Street ' 125 feetto the Southeast ' corner of said Lot 10. Not Public thence South 60 feet, more or less, to the Northeast corner of Lot 1 , Block 6, 125 feet to the intersection My Commission Expires: with the East right of way Duncan Street. which is ^ also the Northwest corner `o of Lot 1 , Block 6, Parksdele Addition, thence North 60 feat to the point of p beginning. (0 Fees for Printing $ Cost of Proof -- Total $ l�Cl .