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HomeMy WebLinkAboutOrdinance 3742 FILED FOR RECORD 093 DEC 10 PIS 1 03 WASHINGTON CO AR A . KOLLMEYER ORDINANCE NO. 3742 AN ORDINANCE VACATING AND ABANDONING A 10 FOOT EAST - WEST UTILITY EASEMENT LOCATED AT 5750 KINGSTON DR. , AS SUBMITTED BY CHARLES AND DIANA DUELL. WHEREAS, the City Council has the authority under A . C.A . § 14-54- 104 to vacate public grounds or portions thereof as may not for the time being be required for corporate purposes; and WHEREAS, the City Council has determined that the following described drainage easement 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 utility easement: See Exhibit "A " attached hereto and made a part hereof. Section 2. 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 7th day of December 1993 . APPROVED: By : red Hanna, Mayor ATTEST: e4 0*001ny L. Thomas, City Clerk Lit ooleeoif 00, 93 741014 EXHIBIT "A " A part of the NE 'A of Section 33 , in Township 17 North of Range 29 West of the Fifth Principal Meridian, County of Washington, State of Arkansas described as follows: Beginning at a point that is 926.0 feet South and 350.0 feet East of the Northwest Corner of the NW 'k of the NESE of said Section 33 : Thence East 179.3 feet; thence South 10 feet; thence West 179. 3 feet; thence North 10 feet to the Point of Beginning, describing a Utility Easement running across the north 1/2 of Lot E. Block Three in Shelton Addition, Washington County, Arkansas. 93 74145 it l.:r.�^ f =•�m�7=r, CteeuttClerk artd 00:e:rfor v.'whingtonCountyr s`:y c_rtify that this in- : :o f3r r:ord in my atlas CftT1FICATA OP R1E0ki) ; h =::o.: c 3 umo is now - ;Y rr• ' r '-c::n3aledgement tate of Arkansa$ ( c .:_' r.•... . . . . in :l.c0rd Book and City of Fayetteville t SS I, Sherry Thomas, City Clerk and .P,%- i; t ,;. + ��ehereunto Officio recorder for the Cit of c_, rcy h0ao 0. c.rt. d th3 5001 of Said 1'ayetteville, do 6&6y certify that the Court o3 t::3 di;� indicat0d 130reort annexed or foregoing is of record in MY office and the same appears in n'mo Kollmeyer Ordinance & Resolution bass r7-�+��r , ' I .�' Circuit Clerk and page. WitneffiS my hand and aofficio Recorder seal i9 9 s _day oY STATE OF ARKANSAS l J} ss. County of Washington ORDINANCE NO. 3742 AN ORDINANCE VACATING I, �/ 1.r ( QY :J 0 0 1-il7T �� , hereby cer- AND ABANDONING A 10 Cif that 1 am the publisher of T NORTHWEST ARKANSAS TIMES, a daily FOOT EAST - WEST UTIL- ITY EASEMENT LOCATED newspaper having a second class mailing privilege, and being not less than four pages of AT SUB KINGSTON DR.. five columns each, published at a fixed lace of business and at a fuzed (daily)AS SUBMITTED EV CHAR- P P ( y) intervals LES AND DIANA DUELL continuously in the City of Fayetteville, County of Washington, Arkansas for more than WHEREAS, the city Council under a riod of twelve months, circulated and distributed established lace of business has the authority under LR P A.C.A. 04-54-104 to vacate to subscribers and readers generally of all classes in the City and County for a definite price public grounds or portions thereof ro may not for the for each copy, or a fuzed price per annum, which price was fixed at what is considered the time being be required for value of the publication, based upon the news value and service value it contains, that at corporWHEREAS.. to .. the Ci and least frit percent of the subscribers thereto have aid cash for their subscriptions to the WHEREAS.. the City Coun- Y (R P P cil has determined that the newspaper or its agents or through recognized news dealers over a period of at least six following described drain- age easement is not r months; and that the said newspaperpublishes an average of more than forty percent news quiratl for corporate matter. purposes. NOW. THEREFORE, BE IT ORDAINED BY THE CITY I further certify that the legal notice hereto attached in the matter of COUNCIL OF THE CITY OF F A Y E T T E V I L L E O, l , 1^ v _� � _Z4a ARKANSAS: `/HV IN Q SECTION 1 . That the City I of Fayetteville. Arkansas was published in the regular daily issue of said newspaper for hereby vacates and aban- dons all of its rights consecutive insertions as follows: together with the rights of the public generally. in and to the following described The fust insertion on the fN1,00 ATX GPC�2 dayof 19 3 utility easement: See Exhibit "A' attached the second insertion on the day of 19 hereto and made a part hereof. SECTION 2. That a copy of the thud insertion on the day of 19 this Ordinance duly certified by the City Clark shall be and the fourth insertion the filed in the office of the Re- Corder of the County and recorded in the Deed Re- cards of the County. PASSED AND APPROVED R E C E V E D this 7th day of December, 1993. Publisher / General Manager APPROVED: CC 2 2 19J3 By: Fred Hanna, Mayor DE ATTEST: T By: Sherry L. Thomas, City Clerk F17,'%RhIANCE DEP 1 . Exhibit "A" A part of the NE114 of Sec- tion 33, in Township 17 North of Range 29 West of the fifth Principal Meridian. County of Washington. State of Arkansas described as follows: - Beginning at a point that is % 926.0 feet South and 350.0 ��� Sworn to andsubsciibed before me on this •' I 11 feet East of the Northwest .. day of Corner of the NWl/4 of the , V^1 —_ ^ n NEI/4 of said Section 33: QeCc)" rV�)_e.A, 19 `"l3 Thence SouEast 10 Leet: thence South 9. teat ; thence West 179.3 teat: thence North 10 feet to the 0 Point ofBeginning, - ing a Utility Easementnt run- ning across the north 12 of Notary Public Lot E. Block Three in Shel- ton Addition, Washington ( County, Arkansas. My Commission Expires: � Fees for Printing 5 . . o Cost of Proof $ Total $ 5 50