HomeMy WebLinkAboutOrdinance 3745 FILED FOR RECORD
' 93 DEC 10 PIS 1 03
ORDINANCE N�' �S� I GTMEYEAR
R
AN ORDINANCE VACATING AND ABANDONING A SEWER
EASEMENT LOCATED AT 2336 KANTZ LANE AS
REQUESTED BY FUGITT, INC.
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
sewer 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.
Section 3 . The City Council hereby determines that the immediate vacation and
abandonment of the above described easement is necessary and essential to the public health,
safety, and welfare. Therefore an emergency is hereby declared to exist and this ordinance being
necessary for the public health, safety, and welfare shall be in full force and effect from and
after its passage and approval .
PASSED AND APPROVED this 7th day of December 1993 .
APPROVED:
By :
red Hanna, Mayor
ATT .�:::.,
By
�. • homas; ity Clerk
t;tt,
oi.4�;,., 93 74146
EXHIBIT "A "
EASEMENT RELEASE DESCRIPTION :
A part of Lot Numbered Eleven A (11A) of a Replat of Lot Numbered Eleven
( 11) and a part of the Adjacent Common Area of Royal Oaks Estates, a Replat of
Kantz Place, tracts 1 through 6, a planned Unit Development to the City of
Fayetteville, Washington County, Arkansas, being more particularly described as
follows, to-wit: Beginning at the Northeast corner of an existing house which is
N27033 '56" E 69 .4 feet and N62026' 14" W 14.2 feet from the Southeast corner
of said Lot 11A, and running thence S26 '02'58 " W 5 .32 feet to the West right-
of-way of a 20 foot wide Sewer Line easement, thence N12 `43'22" W along said
right-of-way 6.38 feet, thence S68053555 " E 4. 10 feet to the point of beginning.
93 '7414"7
CERTIFICATE OF RECORD t, r.lma Kr.!!m ;:ap Circuit Clark and
State of Arkansas ( a-oi:Icln f.CCv ClrfCr �"L•.T.hln ioO Court,;
City of Fayetteville ( S3 e� ,rr_'.y cartity that ibis in-
L Sherry Thomas, City Clerk and Ex- :rua.c..1 e'ns f:! d : r rccc d in my c'r ict
Officlo recorder for the City of G in_:cc'- ' :-an r^:! t;w 5"mJ G nov.
Fayetteville, do hereby certify that the C!-, yrc._ '
anreved or foregoing is of record in my c cr':.. n :.=Tci gook un ,:
office and the sails✓ appears in : r� csi ' r
Ordinance &r Pes6!rtl.^P L-a3k X- at 1 1 \ I hove horeunlc
page7 � _. V, U-aes_, rxiy b:as. and s:,i sn,• t:.:,. , nC Y= tha soal of W'd
seal aTF s _day o}' � , / Court on t; ^ nd caicd hcroon.
19-- / t Y All= Kcll^fayer
LL : tiu•3r.5Ei Cicuit Cl.-d: cnd
Fi'.-Offl[IO RaCCrdaf
ORDINANCE NO. 3745
AN ORDINANCE VACATING
AND ABANDONING A
SEWER EASEMENT LO-
CATED AT 2336 KANTZ STATE OF ARKANSAS
LANE AS REQUESTED BY
FUGITT. INC. ss.
WHEREAS, the City Council County Of Washington
has the authority under
A.C.A. 414-54-104 to vacate I,
public grounds or portions I, �Ull,f �-k/�. hereby cer-
thereof as may not for the tify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily
time being be required for
corporate purposes: and newspaper having a second class mailing privilege, and being not less than four pages of
WHEREAS. The city Coun-
cil
five columns each, published at a fixed lace of business and at a fixed (daily) intervals
til hes AS. T e e that the P P y)
following described drain- continuously in the City of Fayetteville, County of Washington, Arkansas for more than
age easement Is not to a period of twelve months, and distributed from an established lace of business
age ca for es o re Pe P
Purposes. to subscribers and readers generally of all classes in the City and County for a definite price
NOW, THEREFORE. BE IT for each copy, or a fixed price per annum, which price was fixed at what is considered the
ORDAINED BY THE CITY value of the publication, based upon the news value and service value it contains, that at
COUNCIL OFTHE CITY OF
T E V I L L EE
F A Y E T T least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
,
ARKANSAS: newspaper Or its agents or through recognized news dealers over a period Of at least six
SECTION 1 . That the City months; and that the said newspaperpublishes an average of more than forty percent news
of Fayetteville. Arkansas matter.
hereby vacates and aban-
dons all Of its rights of the
public generally. in and to I further certify that the legal notice hereto attached in the matter of
the following described
sewer easement: Qn ctunC sl._Q . -4 ,3745
a 37 5
See Exhibit "A" anach
hereto and made a part / `i
i
hereof. was published in the regular daily issue of said newspaper for
SECTION 2. That a copy of consecutive insertions as follows:
this Ordinance duly cemlied
by the City Clerk shall be n _
filed in the office of the Re. The fust insertion on the eP.%riWVt I (n dayof 19)
corder of the County and
recorded in the Dead Re-
cords of the County. the second insertion on the day of 19
SECTION 3. The City Coun-
cil hereby determines that the third insertion on the day of 19
the immediate vacation and
abandonment of the above
described easement is DEC 2 2 1993 and the fourth insertion on the
necessary and essential to day of 19
the public health, safety
and welfare. Therefore and FINANCE DEPT.
emergency is hereby dec-
la to exist and this Ordi-
nance
r
tantnc fo
e being necessary for -
the public health, safety.
and welfare shall be in fell Publisher General Manager
force and effect from and
after its passage and
approval.
PASSED AND APPROVED
this 7th day of December.
1993. — '
APPROVED:
By: Fred Hanna. Mayor
EXHIBIT "A"
EASEMENT RELEASE - .. ..
DESCRIPTION:
A part of Lot Numbered ',
Eleven A 111 AI of a Replat
of Lot Numbered Eleven —7
h n Sworn a part of the Adia- Swoto and subscribed before me on this 1 -7 da of
cent Common Area od Y
Royal Oaks Estates. a Re-i
plat of Kantz Race, tracts 1
through 6, a planned Unit �•M� lr � 19 I
Development to the City of
Fayetteville. Washington
County. Arkansas, being
more particularly described
as follows, to wit: Begin-
ning at the Northeast eor- Notary Public
ner of an existing house
which is N27'33'56" E 69.4
feat and N62.26. 14" W My Commission Expires:
14.2 feet from the South-
east
corner said Lot - ^ '
and
running thence
1 ( l _O
S26602'S8' W 5.32 feet to
the West right-of-way of a
20 foot wide Sewer Line
easement , thence
N12-43'22" W along said Fees for Printing $ 1Oft .
right-of-way 6.38 feat.
thence S68'53'55" E 4.10 Cost of Proof $
feet to the point of
beginning. Total