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HomeMy WebLinkAboutOrdinance 3673 FILED FCR RECORD ORDINANCE NO.-.a6-7393 AN 2 '1 RIM 21 WASHiNCTON 00 AR AN ORDINANCE VACATING AND ABAND(K1 EYAER UTILITY EASEMENT ON A PORTION OF THE STREET RIGHT-OF-WAY FOR UNIVERSITY AVENUE NORTH OF 11TH STREET FOR APPROXIMATELY 563 FEET. WHEREAS, the City Board of Directors by Ordinance No. 3623 vacated and abandoned a portion of the street right-of-way for University Avenue north of 11th Street for approximately 563 feet; and WHEREAS, Ordinance No. 3623 expressly reserves a utility easement over said property and; WHEREAS, it has been determined that said utility easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . The City Council hereby vacates and abandons all of the City's rights, together with the rights of the public generally in and to a certain utility easement on a portion of the street right-of-way for University Avenue north of 11th street for approximately 563 feet, as more fully described in the legal description 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 19th day of January 1993 . APPROAED By : nna, Mayor ATTV9T : ,.• . �_<o`? City Clerk berry L somas, {' . . . 93 04799 � ' IIV v • CERTIFICATE OF RECORD State of Arkyusps Cifi of Fayetteville (( SS I, perry Tho➢;129, City Clerk and Eza Officio 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 tic Resolution book X_X1/ l at page 3-rS Witness my han and seal �j 9,� day of ,�� ) 19�city Clcrk d Et-Offlclu -" — Recorder f EXHIBIT A Legal Description of a portion of University Avenue (52'R/W) to be closed A part of the East 1/2 of the NW 'b of Section 21 , T- 16-N , R-30-W, and being more particularly described as follows, to-wit: Beginning at a point 426.20' West of the SE Comer of the NE/ 'A of said NW/ 'A , thence South 122 .50' , thence West 72.00' , thence Northeasterly along a 20' radius curve to the left 31 .42' , thence North 543 .00' , thence East 52.00' , thence South 440.50' to the point of beginning, containing .67 acres, more or less. 2 .1 93 04730 , & 7E % \ % '0's\ ! % � s %® � \� � ORDINANCE NO. 3673 STATE of ARKANSAS 11 AN ORDINANCE VACATING J ss. AND ABANDONING A COUDI of Washington UTILITY EASEMENT ON A Y B PORTION OF THE STREET RIGHT-OF-WAY FOR UNI- pmt/ - I ' VERSITY AVENUE NORTH J Ii1 Or'� /`iO , rot-/- /n OF 11TH STREET FOR AP- I, JOn 1 t-/ rr' llllf3"' Ill. hereby certify that I PROXIMATELY 563 FEET. am the publisher of THEN RTHWEST ARKANSAS TIMES, a daily newspaper WHEREAS, the City Board having a second class mailing privilege, and beim not less than four pages of five of Directors by Ordinance 8 8 Pro 8 B P S No. 3623 vacated and aban- columns each, published at a fixed place of business and at a fixed (daily) intervals doned a portion of the continuously in the City of Fayetteville, County of Washington, Arkansas for more street right-of-way for Uni- versity Avenue north of than a period of twelve months, circulated and distributed from an established place 11th Street for approxi- of business to subscribers and readers generally of all classes in the City and County mately 563 feet: and for a definite m for each co or a fixed price r annum, which ce was fixed WHEREAS„ a has deter- Pn PY• Pn per Pn mined then said utility ease- ' at what is considered the value of the publication, based upon the news value and ser- ment is not required for vice value it contains, that at least fifty percent of the subscribers thereto have paid corporate purposes. NOW. THEREFORE. BE IT cash for their subscriptions to the newspaper or its agents or through recognized news ORDAINED BY THE CITY dealers over a period of a least six months; and that the said newspaper publishes an COUNCIL OF THE CRY OF F A Y E T T E V I L L E , average Of more than forty percent news matter. ARKANSAS: Section 1 . The City coup- I further certifythat the legal notice hereto attached in the matter of ab donsba vacates end 8 eights, t all of the City's n c-/3 rights. together with the �C 5 , / fights of the public inner- ally in and to a certain util- ity easement on a Portionwas published in the regular daily issue of said newspaper for of the street right-of-way for University Avenue north consecutive insertions as follows: of 11th Street for approxi- merely 563 feet. as ore The first insertion on the a day of 19 fully described in the legal description attached hereto and made a part hereof. the second insertion on the day of 19 Section 2. A copy of this ordinance duly certified by the City Clark shall be filed the third insertion on the day of 19 in the Office of the RBCer7 der of the County and re-. corded in the deed records and the fourth insertion on the day of 19 the County. ^ PASSED AND APPROVED this (// J this 19th day Of January. 1993. APPROVED: a By: Fred Hanna. Mayor Publisher / General Manager ATTEST: By: Sherry L. Thomas City Clerk Sworn to and subscribed before me on this day of EXHIBIT A Legal Description of a 3 be portion o/f University 19 enue • 162'R/WI to be closed. ' A part of the East 12 of the NW1/4 of Section 21 , T-16-N, R-30-W. and being ', more particularly described Notary Public as follows, to-wit: Beginning at a point 426.20' West of the SE Corner of the NE1/4 of said NW1/4, My Commission Ex es: thence South 122 . 50 ' . Northeasterly a:tnrTta 20 Northeasterly along a radius curve to the left 31 . 42 ' , thence North 543.00'. thence East 5 thence South 440 •7 8 point of beginning,, con the o the contain- Fees for Printing $ ing .67 acres, more or less. Cost Of Proof $ -�It Tota] $ RECEIVED FEB 04 1993 FINANCE DEPT,