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Home My WebLink AboutOrdinance 3718 ORDINANCE NO. 3718 n AN ORDINANCE VACATING AND ABANDONING A _ C PORTION OF THE STREET RIGHT-OF-WAY FOR z WILLOUGHBY ROAD (ARKANSAS HIGHWAY 156), AND ;- w n AUTHORIZING THE MAYOR AND CITY CLERK TO o EXECUTE A QUITCLAIM DEED TO THE ADJOINING rn C> 3 PROPERTY OWNER, THE MARIAN E. MORGAN TRUST. o y o n � WHEREAS, the City Council has the authority under A.C.A. §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 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 in and to the following described property located in Washington County, Arkansas: See Exhibit "A" , attached hereto and made a part hereof. Section 2 . The mayor and city clerk are hereby authorized to execute a quitclaim deed to convey any right, title or interest the city may have in and to the subject property to the adjoining property owner, the Marian E. Morgan Trust. A copy of the quitclaim deed is attached hereto as Exhibit "B" . PASSED AND APPROVED this �h day of July , 1993 . APPROVED: BY : MA OR sA'FjTF_vST ITY'CLE .p r 93 3 '85'69 ORDINANCE NO. 3718 r ..7.N ORDINANCE VACATING AND ABANDONING A PORTION OF THE STREET RIGHT-OF-WAY FOR wIL- STATE of ARKANSAS l LOUGHBY ROAD (ARKAN- J} ss. SAS HIGHWAY. 156). AND Cprnt of Washington AUTHORIZING THE Y g MAYOR AND CITY CLERK TO EXECUTE A OUITC- LAIM DEED TO THE AD- JOINING PROPERTY hereby certify that I OWNER, THE MARIAN E. am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper MORGAN TRUST. having a second class mailing privilege, and being not less than four pages of five WHEREAS, the City Council columns each, published at a fixed place of business and at a fixed (daily) intervals has the authority under continuous) in the Ci of Fayetteville, Courtly Of Washington, Arkansas for more A.C.A. s of stye is which than a period of twelve months, circulated and distributed from an established place portions of streets which are not required for corpo- of business to subscribers and readers generally of all classes in the City and County rate purposes: and WHEREAS. the City Council for a definite price for each copy, or a fixed price per annum, which price was fixed has determined that the fol- at what is considered the value of the publication, based upon the news value and ser- lowing street nighbed portion of vice value it contains, that at least fifty cent of the subscribers thereto have aid the street right-of-way is v per p not required for corporate cash for their subscriptions to the newspaper or its agents or through recognized news purposes. dealers over a period of a least six months; and that the said news publishes an NOW THEREFORE, BE IT 1 newspaper ORDAINED By THE CITY average of more than forty percent news matter. COUNCIL OF THE CITV OF F A V-ET T E V I L L E , I further certify that the legal notice hereto attached in the matter of ARKANSAS: ,.f Section 1. That the City Of (% L Section villa . Arkansas hereby vacates and aban- dons all of its rights 1 together with the rights of was published in the regular daily issue of said newspaper for the public generally in and consecutive insertions as follows: to the following described property located in I,•, Washington County . The first insertion on the IW day of 19 �-/2 Arkansas: See Exhibit "A", attached hereto and made a part r Q the second insertion on the day of 19 hereof. _` V Section 2. The mayor and ` city clerk are hereby author- ` the third insertion on the day of 19 ized to execute a quitclaim dead to convey any right, tt V title of interest the cs jToyeCtO �� OO.�nd the fourth insertion on the day 19 have in and to the suited 10 property wr tr.e the arias /U property owner, the Marian �o E. Morgan Trust. A copy of the quitclaim `\�� deed is attached hereto as `` Publisher / General Manager Exhibit "B". PASSED AND 'APPROVED this 6th day of July. 1993. APPROVED: Sworn to and subscribed before me on this I day Of By: Fred Hanna. Mayor ATTEST: 19 By: Sherry L. Thomas City Clark EXHIBIT 'A' A part of the Southwest quarter (SWI /4) of the Notary Public Northeast Quarter (NEI/4) of Section 34. Township 16 North, Range 30 West. Washington County. Arkan- sirs. being more particularly My Commission Expires: described as follows, to-wh: (� Beginning at a point on the 1 — c! O existing right of way of State Highway No. 156 (also known as Willoughby . Road) at its intersection with the original right of I way of Willoughby Road. Fees for Printing $ i I K • . . said point being North - 01 '38'31 " East 380.33 feet. North 5413'44" East 29.48 Cost of Proof $ feet and North 49636'09" 1 East 34.01 feet from the , Southwest corner of said Total SWI /4 Of the NEI /4 ; ., . thence North 71 ' 12' 14 " , East 46.50 feet: thence North 69.57'36" East 47.21 feet : thence North . 17426'44" West 41 .99 feet: thence South 63628'51 " West 69.11 feet; thence South 69' 10'28 " West 66.75 feet: thence South 70'58'40" West 27.09 feet: thence South 49'36'09" West 73.05 feet to the Point of Beginning. contain- ing 0.132 acre, more or less EXHIBIT "A " A part of the Southwest Quarter (SW 'b ) of the Northeast Quarter (NE 'k) of Section 34, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows, to-wit: Beginning at a point on the existing right of way of State Highway No. 156 (also know as Willoughby Road) at its intersection with the original right of way of Willoughby Road, said point being North 01 '38'31 " East 380.33 feet, North 54013 '44" East 29.48 feet and North 49 " 36'09" East 34.01 feet from the Southwest comer of said SW 'A of the NE 'k ; thence North 7101211 " East 46.50 feet; thence North 69057'36" East 64. 10 feet; thence North 71 "29'24" East 71 .64 feet; thence North 76" 30'23" East 47.21 feet; thence North 17028'44" West 41 .99 feet; thence South 63028'51 " West 69. 11 feet; thence South 69010'28' West 66.75 feet; thence South 70058'40" West 27 .09 feet; thence South 49 ' 36'09" West 73 .05 feet to the Point of Beginning, containing 0. 132 acre, more or less. 93 385'19 CER'T'IFICATE OF RECORD State of Arkensas ( SS City of Fayetteville > , Sherry rhumt?s, City Cleric and Ez- 1• Alma Kolfine Officio recorder for the City of 6c-offclorccc.-e, yf' clrcuncclod a�iso Fa;; citmtii3le, CIO hereby certify that the Arkansca, d. , cr 4"^-5tnpton � l9II:;e9:e 0 fOregCl:lQ" is of rerord in my ''rument , `-•� �. •.'•� •;tm IF . O n_ f ', n' Ofd;Ce and the same appears in on indicotod Crr-;gid in My offlto Ordinance u Resole(tion befok 'AX L/ T— duly ro andoordho amp la no ,,Pnge Witrc;as 1113F Ivand crt;; ` `r.=..c lcdgmom 291 trGday of �D_ Papo c. inc �xord @pak (/-7— n — -- IN Wl - :oi. and mt i, i Cl�� -_ . ; „=—• ,� sidar court on hood cod cffixsd tha� hcrouny on file dafo indimtad hereeln,f mid Alma Kollmoycr Circult Cler4 and Gk-officio Recotyw