HomeMy WebLinkAboutOrdinance 3761 ORDINANCE NO. 3761 „
AN ORDINANCE VACATING AND ABANDONING THErri
NORTH 7 . 5 FEET OF AN EXISTING 20 FOOT UTILITY r
N C�
EASEMENT LOCATED AT 637 E. JOYCE BOULEVARD,
RUNNING EAST-WEST ALONG THE SOUTH BOUNDARY
LINE ON LOTS 6 AND 7 OF SPRING PARK SUBDIVISION , rn Lgo 3 a
PHASE 1 . �
0
WHEREAS, the City Council has the authority under Ark. Code Ann. $ 14-54- 104T'b m
vacate public grounds which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of the
utility easement, as requested in Easement Vacation V94- 1 , 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:
A 20' utility easement lying North of and being parallel with and adjacent to the South
Line of Lots 6 & 7, Spring Park Subdivision, Phase 1, Fayetteville, Arkansas (now
platted as Lots 3 , 4, 5, and 6, Spring Park Subdivision - Phase 11) .
Section 2. 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 .
APPROVED :
February 15 , 1994 /
By:
red Hanna, Mayor
[ TEST:
mas, City Clerk
~4%I0i00 Ito
9401_2123
CFRTfFdCA@FE OF R111CORD
State of Arkansas
Cityof FayettCvitie ( SS
To Sherry Tho,YnAs, City Clerk and gT_
Officie/ recorder for the City of
$n
yetteviiie, do hA cby certify that the
seed or fbre. o;n
office and t9 is of record iii n�-
he same aF.ilears
Ordinance & Resevutioa GAc j.. XcSY c
De , hand
al L�_d9� fPp 1d :t
elly Clerk ad1zi -nr9 ;, v;;, '; .:..
r
ORDINANCE NO. 3781 Exhibit 'A' • -
AN ORDINANCE VACATING
AND ABANDONING THE Tract C
NORTH 7.5 FEET OF AN
EXISTING 20 FOOT UTILITY A part of the NW 1/4 of
EASEMENT LOCATED AT the SE 1/4 of Section 1 , STATE OF ARKANSAS
637 E. JOYCE BOULE- T-16-N. R-30-W being more
VARD. RUNNING EAST- ss.
WEST ALONG THE SOUTH particularly described as ba
ginning at a point which is Count Of Washington
BOUNDARY LINE ON LOTS N 00'05'02 " E (Record Y g
6 AND 7 OF SPRING PARK North) 1498.82 feet (Record
SUBDIVISION, PHASE 1 . 1504 . 50 feet ) and N j, �J� y� C�/" rte`-'v7 herebycer-
WHEREAS, the City Council 89-46'36" E (Record N
nes the authority under Ark. 89'38 00" E) 867.87 feet afy that I am the publisher of HE NORT14WFST ARKANSAS TIMES, a daily
from the South Ouarter cor-
Code Ann. 414-54-104 to ter of said Section 1 , said newspaper having a second class mailing privilege, and being not less than four pages of
vacate public grounds point-of-beginning being a five columns each, published at a fixed place of business and at a fixed (daily) intervals
which are not required for set concrete monument in
corporate purposes; and an existing fence line; continuously in the City of Fayetteville, County of Washington, Arkansas for more than
WHEREAS., the City Coun- thence leaving said existing aperiod of twelve months, circulated and distributed from an established place of business
foilollowing
nes determined that the fence line N 23607'58- n- to subscribers and readers generally of all classes in the City and County for a definite price
following described portion Crete feet e a set coin
of the utility easement. as crate monument: thence N for each copy, or a fixed price per annum, which price was fixed at what is considered the
requested in Easement Vac- 37'07'27" W 322.24 feet to
a a point which is Souther) value of the publication, based upon the news value and service value it contains, that at
anon V941 , is not required at a perpendicular distance least fifty percent of the subscribers thereto have aid cash for their subscriptions to the
for corporate purposes. Y }� P P
of 40.00 feet from the can- news a r or its a ents or throw h reco nized news dealers over a riod of at least six
NOW, THEREFORE. BE IT terline tangent of Arkansas P g g g Pe
ORDAINED By THE CtTy Highway 45 said point be- months; and that the said newspaperpublishes an average of more than forty percent news
COUNCIL OF THE CITY OF 'ng a sat concrete monu-
ment; thence N 61'33'47" matter'
F A V E T T E V I L L E , E 366.21 feet to a point
ARKANSAS: which is centerline tangent
of said highway: thence N I further certify that the legal notice hereto attached in the matter of
Section 1. That the City 58-12' t E h is a feet r- /1 / ��
of Fayetteville.s Arkansas a point which is at a per- 1�//I✓C7d T'
hereby vacates and eget- feet
distance n 40.00
dons all of its rights teat from the centerline
together with the rights of tangent of said highway, wasublished in the regular daily issue of said newspaper for
the public generally, in and mid point being a set con- P g Y
to the following described creta monument; thence S consecutive insertions as follows:
utility easement: 00'32'04" E 10.50 feet to a
point at the fence corner
A 20' utility easement Nine post said point being the The lost insertion on the 1 I C Ailkl� da of l9
North of and being parallel Northwest corner of the Y
with and adjacent to the Catholic Cemetery; thence
South Line of Lots 6 & 7, with an existing fence line the second insertion o0 the day of 19
Spring Perk Subdivision. on the Westerly boundary
Phase I, Fayetteville, Arkan- of said Cemetery S
sas (now platted as Lots 3. 00'32'04" E (Record South) the third insertion on the da of 19
4, 5. and 6. Spring Park 304.56 feet (Record 302.28 y
Subdivision - Phase 10, feet) to a tanto corner'
Section 2. A copy of thio post. said point being and the fourth 1115er[lon On the da Of 19
Southwest corner of said y
Ordinance duly certifietl by cemetery and a sat con-
the City Clerk shall be filed creta monument: thence
in the office of the Recor- with an existing fence line
der of the County and re- on the Southerly boundary
corded in the Deed Records of said cemetery N
of the County. 89'42'23" E (Record East) RECEIVE U
APPROVED: 282.58 feet (Record 247.50 .
By: Fred Hanna, Mayor feet) to the East boundary Publisher / General Manager
ATTEST: of said 40 acre tract. said
By: Clark Sherry L. Thomas
Ci 'point being a set concrete (:IAR 14 1994
monument: thence with the
East boundary of said 40
acre )roe 5 00'0oint W FINANCE DEPT.
set c feat to a pointe ;
set concrete monument:
thence leaving the east
boundary of said W acre
tract S Bound 4" W 7.79
feat in a found iron pin et a
existing fence corner post'
thence 89'46'34" W 7.79
feat to a found iron pin at
an existing fence corner
Post: thence with an exist- Sworn to and subscribed before me on this da of
ing fence line SE 89'48'34" Y
po 403.15 fiat to the true ^ ^ ^ 1
point of beginning, contain- ly 11f IyJ,IV, /t1.=1 7V-�1 19 C�f�
ing 13 acres. more or
sa. Washington County,
Arkansas.
Notary Public
My Commission Expires: n ^ 1
Fees for Printing .$ /
Cost of Proof $
Total $
