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Home My WebLink AboutOrdinance 3721 FILED FOR RECORD ' 93 RUG 20 Pfd 1 15 ORDINANCE NO_. 1721 WA S Fi I N G [ O N CO AR A . Y, OLLMEYER AN ORDINANCE VACATING AND ABANDONING A PORTION OF MALL LANE; AND VACATING CERTAIN UTILITY EASEMENTS LYING WITHIN THE SPRING PARK SUBDIVISION, AS REQUESTED BY ROBERT BROWN ON BEHALF OF THE CLARY DEVELOPMENT CORPORATION. WHEREAS, the City Council has the authority under A. CIA. § 14-54-104 to vacate portions of street rights-of-way and public grounds as may not for the time being be required for corporate purposes; and WHEREAS, the City Council has determined that the following described street right-of- way and utility easements are not required for corporate purposes. r 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 street right-of-way and utility easements: See Exhibit "A" attached hereto and made a part hereof. Section 3 . That 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 August 1993 . APPROVED: By: Fred Hanna, Mayor ATTEST: By: Sherry L. Thomas, City Clerk 10 NI N � Ifs 93 47790 r �t ./ r EXHIBIT "A" Property Description for Street Right-of-Way and Easement Abandonment: That portion of existing right-of-way for Mall Lane Avenue lying East of lot 5 , Spring Park Subdivision - Phase I, and South of the South right-of-way line of Joyce Boulevard: AND The existing utility easements lying 10 feet either side of the West line of said Lot 5 , and 20 feet North of the South line of said Lot 5, all in Spring Park Subdivision - Phase I, City of Fayetteville, as recorded in Plat Book 11 , Page 88 of the records of Washington County, Arkansas. 93 47791 CERTIFICATE OF RECORD State of Ark.^alisas1, AlmKollmoyar, Circuit Clark and City of Fayetteville ( SS Ex-officio Gacorder for Washin;tor, Count,,,,1r Sherry Thor ks, City Clerk and Ex. Arkansas, do her:'.q c-r, ;, !;,c' i Vt Iu i. ;n- Officio recorder for the City of strumcnt vets f:ad for i..ccrci in m; cHico Fay.;,tteville, elo hereby certify that the as indicoicd h-rcon and t:- r.r ': no•:r Unna ed OC' fOrlg*Oing is of rectfrd in my duly recordod with thi cc::rc,.j'. __ -_ment Office and the Same appears in Ordinance & Resaluand cen;�im:= t:::seon In .^ cc-d Cz::: ca. tion baokXxvr at . . Page as (ndicc .d th::r_ n. page D Witness my hand and IN 1UIT\_Zi 1Yri._ZZC.=, 1 haso F rcunfo seal f ;257�day of 191 -------- set my hand and of i; =e t:za sal of ,aid Court on tho data indicated ho.-con. City Cfcr,f tnd t•;W-Uz'7c6u r; c:.-- ; ' � Alma Kollmaycr Circuit Clcr!c and 44@yicio Recorder PETITION TO VACATE A STREET RIGHT-OF-WAY AND UTILITY EASEMENTS LOCATED IN SPRING PARK SUBDIVISION-PHASE I CITY OF FAYETTEVILLE , ARKANSAS TO : THE CITY OF FAYETTEVILLE PLANNING COMMISION AND THE FAYETTEVILLE CITY COUNCIL We , the undersigned , being the sole owner of the real estate abutting the street right-of-way and utility easement hereinafter sought to be abandoned and vacated , lying in Spring Park Subdivision-Phase I . City of Fayetville , Arkansas , a municipal corporation , petition to. vacate a street right-of-way which is described as follows , to wit : PROPERTY DESCRIPTION FOR STREET RIGHT-OF-WAY AND EASEMENT ABANDONMENT That portion of existing right-of-way for Mall Lane Avenue lying East of Lot 5 , Spring Park Subdivision-Phase I , and South of the South right-of-way line of Joyce Boulevard : AND The existing utility easements lying 10 feet either side of the West line of said Lot 5 , and 20 feet North of the South line of said Lot 5 , all in Spring Park Subdivision-Phase I . City of Fayetteville , as recorded in Plat Book 11 , Page 88 of the records of Washington County , Arkansas . That the abutting real estate affected by said abandonment of the street right-of-way and utility easements is described in the attached boundary and topographic survey marked as " EXHIBIT All and made a part of the petition . A certified copy of the original plat located in the Circuit Clerk ' s Office for the County of Washington , State of Arkansas , is attached herto , marked "EXIHIBIT B , " and made a part hereof as though set out herein word for word . Petitioners state that the above described street right-of-way is open and improved as `a public street . The above described utility easements are vacant and not used by any utility service at this time . The street right-of-way is currently a "dead end" and is not used by the public to access abutting properties . Proposed subdivision plats and development plans for the surrounding real estate would no longer require a public street right-of-way or utility easements of their present locations . Furthermore , the public interest and welfare would not be adversely. affected by the abandonment of the above described street right-of-way and utility easements .. Page - 2- The petitioners pray that the City of Fayetteville , Arkansas , abandon and vacate the above described real estate , subject , however , to the existing utility easements and sewer easements as required , and that the above described Street right-of-way and easement be used for their respective benefit and purpose as now approved by law . The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law . WHEREFORE , the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville , Arkansas , abandon and vacate the above described real estate , subject to said utility and sewer easements , and that title to said real estate ' sought to be abandoned be vested in the abutting property owners as provided by law , and as to that particlular land the owners be free from the easements of t(h�e public for the use of said alley . Dated this �7 —� day of , 19 3 (L signe Roger S . Clary , Presdent Clary Development Corporation RMB\PETTOVAC STATE of ARKANSAS l T ss. County of Washin�gtopn ��JJ1� I, w =aA CWD ,C hereby certify that I am the publisher of THE VRTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing 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. 3721 of business to subscribers and readers generally of all classes in the City and County IAN ORDINANCE BANDON NGVACATING , AA for a definite prim ce for each copy, or a fixed prim annum, which prim was fixed PORTION OF MALL LANE: at what is considered the value of the publication, based upon the news value and ser- AND VACATING UTILITY EASEMENTSTAIN LY- vice value it contains, that at least fifty percent of the subscribers thereto have paid ING WITHIN THE SPRING cash for their subscriptions to the newspaper or its agents or through recognized news PARK SUBDIVISION, AS ,' REQUESTED BY ROBERT r dealers over a period of a least six months; and that the said newspaper publishes an 'BROWN ON BEHALF OF average of more than forty percent news matter. ?HE CLARY DEVELOP- MENT CORPORATION. ('WHEREAS, the city Council I I further certify that the legal notice hereto attached in the matter of has the authority under I A.C.A. §14-54-104 to vacate mCUfl ants-, -,322, 1 portions of street rightof- I way and public grounds as may not for the time being was published in the regular daily issue of said newspaper for i be required for corporate purposes: and consecutive insertions as follows: WHEREAS, the City Council has determined that the fol- The firstnsert iion on the a(O da of 19 lowing described street y right-of-way and utility ease- ments are not required for the second insertion on the day of 19 corporate purposes. NOW, THEREFORE, BE IT ORDAINED BV THE CITY the third insertion on the day of 19 COUNCIL OF THE CITY OF F A Y E T T E V I L L E ., l ARKANSAS: and the fourth insertion on the day of 19 Sai tion 1. That the City 3 of Fayetteville. Arkansas / hereby vacates and aban- dons all of its rights together with the rights of , the public generally; in and Publisher I General Manager to the following described street rightof-way and util- ity easements. See Exhibit "A" attached ' Swom to and subscribed before me on this �� day of hereto and made a part hereof. 19 Section 3. That a copy of this Ordinance duly certified by the City Clerk shall be filed in the office of the Re- corder of the County and Otary Public recorded in the Deed Re- cords of the County. PASSED AND APPROVED ' this nth day of August, , My Commission Expires: 1993. APPROVED: r By: Fred Hanna, Mayor ATTEST: By: Sherry L. Thomas City Clark I a Fees for Printing $ Cost of Proof $ as Total $