HomeMy WebLinkAboutOrdinance 3681 J
FI ED FOr RECORD
FILED FSR RE OR ® *93
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V RPR 30 AM 9 29)RDINANCE NO_ 3681 WASHiNC
A . KOLL CO AR
WAy4-NO&ORDMA�WE VACATING AND ABANDONING A E ER
PORTION nF THE STREET RIGHT-OF-WAY LOCATED ON
ANDREW AVE. , SOUTH OF ASSEMBLY ROAD; AND A
PORTION OF LAFAYETTE, EAST OF TANGLEWOOD, AS
REQUESTED BY MIKE SWEETSER.
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 determine that the following described portion of the
following described portion of the street right-of-way located on Andrew Ave. , South of
Assembly Road; and a portion of Lafayette, east of Tanglewood, is not required for corporate
purposes.
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 utility 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, 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 2nd day of March 1993 .
APPROVE
sy :
Fred Hanna, Mayor
'ACESF
" ';Sherry,• . Thomas, City Clerk 970273
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R,�ICAT
E OF RECORD
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State � FLr City they, city
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Cit herry T;�V for certify that the
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gzyettevtlle, do O1ntl is of recordars
wed cr to;he same ppears
1 at
ann and 'Witness my l l s+ud
oftice &. ILesoll,
Ordivance
Pare-- day of
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Iy iic ierder
City
1
LEGAL DESCRIPTION FOR V93-3
Part of a 50 foot right of way called Andrew Avenue described as follows :
Beginning at the southwest corner of Lot 41 of the East Mountain Addition in the
City of Fayetteville , Arkansas as per plat, thence west 50 feet, thence north 192 feet, thence
east 50 feet, thence south 192 feet to the P. O . B .
Also a 50 feet right of way being an extension of LaFayette described as follows:
Beginning at the northwest corner of Lot 33 of the East Mountain Addition in the City
of Fayetteville , Arkansas as per plat, thence north 50 feet, thence east 150 feet, thence south
50 feet, thence west 150 feet to the P . O . B.
COlMF. GTEb LEGAL
AphIL 28 , 1997
FAYEfTEVILLE CITY CLERK
97027391
I, Itathlaan Harness, Circuit Clark and
Ex-officio Fecorder for Washington
County, A?•arsaa, do haraby card"a"
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ed
tleraotl.
IN WrTNE3s WHEREOF, I have herr
unto set my trsnd End affixed the seat of
said Coll
ert on the date Indicated hereon.
Kathleen Harness
Circuit Clerk and
Ex-officio Recorder
by
4407
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LEGAL DESCRIPTION FOR V93-3
Part of a 50 foot right of way called Andrew Avenue described as follows:
Beginning at the Southwest Comer of Lot 41 of the East Mountain
Addition in the City of Fayetteville, Arkansaasmlas per plat, thence West 50 feet,
thence North 192 feet, thence South 192 feetthence East 50 feet to the P. O.B.
Also a 50 feet right of way being an extension of LaFayette described as
follows:
Beginning at the Northwest corner of Lot 33 of the East Mountain
Addition in the City of Fayetteville, Arkansas as per plat thence North 50 feet,
thence East 150 feet, thence South 50 feet, thence West 150 feet to the P. O.B .
93 11597
Ir �aq Ko1lmoYZTr CI'c'At Clerk uw
�.afficio 'o '. ;hat this trr
grkon5-;
o5 ; 4 c r ; to MY oHka
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nl cf5 . ,y now
Indic=led
duly rnor k o'?
m
and
w„ g.�cn:d Soo
i'cr9 C'• '" ' - : hr. •e kern Unto
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Caurl cn
ghno Y.oil;neyor
Clrcult Clerk and
Fjr-officio ^ cardar
STATE of ARKANSAS
ss.
ORDINANCE V ATI LEGAL DESCRIPTION FOR I County of Washington
AN ORDINANCE VACATING V93.3
AND ABANDONING A Part of a 50 foot right of
PORTION OF THE STREET. way wiled Andrew Avenue ' C
RIGHT-OF-WAY LOCATED . described as follows: I, J , �rnl-rh hereby certify that
ON ANDREW AVE.. SOUTH Beginning at The Southwest
OF ASSEMBLY ROAD: Corner of Lot at of the am the publisher of THEN RTHWEST ARKANSAS TIMES, a daily newspaper
AND A PORTION OF LA- East Mountain Addition in
FAYETTE. EAST OF TAN- the City of Fayetteville. Ark-
having a second class mailing privilege, and being not less than four pages of five
G L E W OO D . AS RE - enses as per plat, thence columns each, published at a fixed place of business and at a fixed (daily) intervals
QUESTED . BY MIKE West 50 feet. thence North continuously in the City of Fayetteville, Comfy of Washington, Arkansas for more
WHEREAS,
192 feet, thence South0fe 192
to than a period of twelve months, circulated and distributed from an established lace
has tREAS, the City Council feet, thence East 50 feet to p� p
has the authority under Ark. the P 50 of business to subscribers and readers generally of all classes m the City and Comfy
Code, Ann sta-of toe to Also a 5o feel right of way for a definite m for each co price per prim vacate portions 0} streets being an extension of La- r prim copy, Oi fl fixed Ce r 81BIBtf1, which Ce W8s fixed
which are not required for Fayette described as at what is considered the value of the publication, based upon the news value and ser-
corporate purposes: and follows: vice value it contains, that at least fiftycent of the subscribers thereto have aid
WHEREAS, the City Council Beginning at the Northwest percent
has determined that the foF corner of Lot 33 of the cash for their subscriptions to the newspaper or its agents Or through recognized news
lowing described portion of East Mountain Addition in ; dealers over a period of a least six months; and that the said newspaper publishes an
the following described ppr- the City of Fayetteville, Ark- , average of more than
tion of the street right-of- ansas as per plat thence forty peiCefll news mattes.
way located on Andrew North 50 feet, thence East
, Ave., South of Assembly 150 feet, thence South 50 I further certify that the legal notice hereto attached in the matter of
Road; and a portion of La- feet, thence Wast 150 feet �1
cod, is East of d for cw- to the P.O.B. � ^ _ ^ � A � 1 g I
Dori, is not required for Cor- � l(.,e,( l,( 1 (0
porate purposes.
BE IT ORDAINED BY THE
CITY COUNCIL OF THE was published in the regular daily issue of said newspaper for
CITY OF FAYETTEVILLE, consecutive insertions as follows:
ARKANSAS:
Section 1. That the City of
Fayetteville , Arkansas The first insertion on the _ day of 19
hereby vacates and aban- R E C ,IE f 1 / L� U
dons all of its rights V G. V
together with me rights of the second insertion on the day of 19
the public generally, su0jett
to the reservation of a 'yeF
m' easement in and to the p-�� � 1 5 1993 the third insertion on the day of 19
following descrEgif Property
located in Washington �I�ANCE DEPT
andthefounhinscrtiononthe dayof 19
County. Arkansas: tC /
See Exhibitpan h C\
hereto and made de pan a he-- i
roof as if set out ward for
word.
Section z. The City of Fay- Publisher / General Manager
eneville hereby reserves an .
utility 'easement on. over,
across and under the above ' '
described street right-of- Swoon to and subscribed before me on this day of
way to construct, lay.
re-
move. relay, enlarge, and e / 19n �
maintain public utility lines.
/w�` rot�'•-��/�lf
SectionSaid utility ase-
ment shallll b
be for the bene- '
fit of the electric power ;
companies. telephone com-
pan;es, gas companies.
cable companies and the Otary Public
City of Fayetteville ,
Arkansas.
Section 4. A copy of this
Ordinance duly certified by My Commissim Expires:
the City Clerk shall be filed
in the office of the Recor-
der of the County and re- til
corded in the Deed Records
of the County.
PASSED AND APPROVED ' o
this 2nd day of March. VU,
APPROVED: Fees for Printing $ �
By: Fred Hanna, Mayor _
ATTEST: COSI Of Proof $
By: Sherry L. Thomas
City Clerk
Total $ OX 1.
CERTIFICATE OF OWNERSHIP
STATE OF ARKANSAS )
) ss :
COUNTY OF WASHINGTON )
We the undersigned , duly and lawfully bonded and licensed
abstracters within and for the above mentioned County and State , do
hereby certify that we have made a careful search of the records
insofar as they pertain to the lands hereinafter described , and
find the title to :
Parcel #04851 , 04852
Lots 30 , 31 and 32 of East Mountain Addition to the City
of Fayetteville , Arkansas
is vested in : M . E . and Nellie Chamberlain
and the title to :
Parcel #04853 - 04859 incl .
Lots 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 & 41 of East Mountain
Addition to the City of Fayetteville , Arkansas
is vested in : Jerry D . Sweetser and Sharon J . Sweetser , Co-
Trustees of the Jerry Sweetser Trust
and the title to :
Parcel #05726
Lot 8 Block 1 , Goff Addition , to the City of
Fayetteville , Arkansas
is vested in : Jeff and India Dangeau
( NOTE : Carl said there should be a deed recorded into
Tom Wilkerson , as of the date of this report the deed
has NOT been recorded )
and the title to :
Parcel # 14385
Pt NW NW NE 15 - 16 - 30 2 . 82 acres
is vested in : James A . and Pamela T . Gilbreath ( ref : 1151 - 105 ,
attached )
Issued at Fayetteville , Arkansas , for the use and benefit of
Jerry Sweetser this 18th day of January , 1993 .
Northw t Title Services , Inc .
by .
� 1
January , 15 , 1993
I have been notified of the petition to close the
following street :
Part of a 50 foot right of way called Andrew Avenue
described as follows :
Beginning at the Southwest corner of lot 41 of the East
Mountain Addition in the City of Fayetteville , Arkansas as
per plat , thence West 50 feet , thence North 192 feet , thence
South 192 feet , thence East 50 feet to the P . O . B .
Also a 50 feet right of way being an extension of
Lafayette described as follows :
Beginning at the Northwest corner of lot 33 of the East
Mountain Addition in the City of Fayetteville , Arkansas as
per plat thence North 50 feet , thence East 150 feet , thence
South 50 feet , thence West 150 feet to the P . O . B .
and make the following comments .
�;-
l�9
C7Zo ��utia /Gens -�o-n G.r�.� o�cu�t� . =•-, �.c2,zo�J
Representative or
City of Fayetteville
Utilities Superintendent
January , 15 , 1993
I have been notified of the petition to close the
following street :
Part of a 50 foot right of way called Andrew Avenue
described as follows :
Beginning at the Southwest corner of lot 41 of the East
Mountain Addition in the City of Fayetteville , Arkansas as
per plat , thence West 50 feet , thence North 192 feet , thence
South 192 feet , thence East 50 feet to the P . O . B .
Also a 50 feet right of way being an extension of
Lafayette described as follows :
Beginning at the Northwest corner of lot 33 of the East
Mountain Addition in the City of Fayetteville , Arkansas as
per plat thence North 50 feet , thence East 150 feet , thence
South 50 feet , thence West 150 feet to the P . O . B .
and mak�e the following comments .
\ /]
Representative for
City of Fayetteville
Street Superintendent