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Home My WebLink AboutOrdinance 3769 :: If - -, rr ;, RECORD ` ' 94 RPR 13 RM 8 21 ORDINANCE NO. 3769 SfiIF, , v1i CO AR A . KOC ! ti `- yrp _ r . AN ORDINANCE VACATING AND ABANDONING A PORTION OF THE STREET RIGHT-OF-WAY LOCATED AT LINDA LANE, EAST OF WALNUT AVE. AND WEST OF RAYVIEW DRIVE, AS REQUESTED BY ARTHUR MARTIN. WHEREAS, the City Council has the authority under Ark. Code Ann. § 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 located at Linda Lane, east of Walnut Ave. and west of Rayview Drive, is not required for corporate purposes. 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, subject to the reservation of a utility easement in and to the following described property located in Washington County, Arkansas: See Exhibit "A" , attached hereto and made a part hereof as if set out word for word. Section 2. The City of Fayetteville hereby reserves an utility easement on, over, across and under the above described street right-of-way to construct, lay, remove, relay, enlarge, and maintain public utility lines. Section 3 . Said utility easement shall be for the benefit of the electric power companies, telephone companies, gas companies, cable companies and the City of Fayetteville, Arkansas. Section 4. 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 5th day of April 1994. APPROVED- Bit Fred Hanna, Mayor r ••RTTE6�.r` , By : S Thomas, City Clerk T w � • mak 94022237 EXHIBIT "A " Pt. SEIiAa , SWIA , 3- 16-30, more particularly described as follows, to-wit: Beginning at the NE corner of Lot 15, McClelland Addition to the City of Fayetteville, Arkansas, thence North 50 feet to the SE corner of Lot 14, McClelland Addition, thence running West with the North right of way of Linda Lane 399.00 feet to the SW comer of Lot 2, McClelland Addition, thence South 50 feet to the NE corner of Lot 3, McClelland Addition, thence East 399.00 feet with the South right of way of Linda Lane 399.00 feet to the point of beginning. � . .• 54022238 r , 1, Alma Kollmoycr, Clrcult Clerk and &officio t:rr—'a fcr "'k-hington Coumy CERTIFICATE Of RECORD Arkom.ca, - '-y f q that this in• strumant V. - : in my offiu State at Atkensas 1: � tomo Is now Cit of Fayetteville O4 i""` T duly r. c:.nowladgement I. Sherry Thomas, City Clerk and PZ- and cc 'n Ricard Book aril Officlo recorder for the City ofan. Fayetteville, do hereby certify that the Poo- IN V::. --, I `.:va herounto 3nnr•'Ke:3 or foregelog is of record in my ;:a sroi of sow Meme appears to `otm ' ' ` Ordinance & Rck 1alio a b";:kv I I at Coart on i. _ _ page Y Witness my an and Alma day of -yJ � &offlcio,Rccorci� .. . ' : : ft na Bi•Ol�cloo-mR�e�� yr((,//IJ,-{n//��_ ORDINANCE NO. 3769 N ORDINANCE VACATING NO ABANDONING A ORTION OF THE STREET RIGHTfOF-WAV' LOCATED PIM, LINDA LANE, EAST OFA LNUT AVE. AND WEST F RAYVIEW DRIVE, AS' STATE OF ARKANSAS REOUESTED BY ARTHUR MARTIN. q ss. County of Washingto .WHEREAS, the City Council. �Mpl�n O(C)'YO' Ovll Yt�s,the authority under Ark. 49de Ann -514-54-104 to ('/j /1 vacate portions of streets I, v , yn hereby cer- which are not required for fify that 1 am the publisher 4 THE NORTHWEST ARKANSAS TIMES, a daily corporate purposes: and P, newspaper having a second class mailing privilege, and being not less than four pages of ,rVW1EREAS. The City Coun- , five columns each, published at a fixed place of business and at a fixed (daily) intervals Zif has determined that the following described portion continuously in the City of Fayetteville, County of Washington, Arkansas for more than bf.the street right-of-way Io- aperiod of twelve months, circulated and distributed from an established place of business ceted at Linde Lane, east of smut Ave. and west of to subscribers and readers generallyofall classes inthe City and County for adefiniteprice eyvlew Drive, is not re- for each copy, or a fixed price per annum, which price was fixed at what is considered the iltf pos s for c 1 rip 1 r a t a value of the publication, based upon the news value and service value it contains, that at �^kr least fifty percent of the subscribers thereto have paid cash for their subscriptions to the BE IT ORDAINED BV THE f2V -COUNCIL OF THE newspaper or its agents or through recognized news dealers over a period of at least six hT OF FAYETTEVILLE, months; and that the said newspaper publishes an average of more than forty percent news "KANSAS: matter. Stiction 1. That the City of Fayetteville. Arkansas ryeby vacates and aban- I further certify that the legal notice hereto attached in the matter of `alum all its rights of the 'public genn erally, 'subject t0 she reservation of a utility the in and to the fol- I lowing described property was published in the regular daily issue of said newspaper for located in Washington P g Y ,County, Arkansas: consecutive insertions as follows: $$eeee Exhibit "A", attached , / Rb'reto and made a pen he- , (�( ` ,Vbf as if set out word for The fust insertion on the dayof 19� vfdrd. J. z. The tity of the second insertion on the day of 19 f4Teneville hereby reserves �q utility easement on, pt9r, across and under the the thud insertion on the day of 19 above described street rigbt-of-way to construct. lay, remove, relay, enlarge, and the fourth insertion on the day of 19 d-. maintain public utility ` 95. 'r1. ,Sactian 3. Said utility RECEIVED , easement shall be for the benefit of the electric ,power companies. tele- phone companies, gas com- /app p 5 lD0 /1 Publisher / General Manager parties, cable companies AIPR 2 99YY and the City of Fayetteville. Arkansas. Section 4. A copy of this FINANCE DEPT. Ordinance duty certified by the City Clerk shall be filed in the office of the Recor- der of the County and re- corded in the Dead Records of the County. PASSED AND APPROVED this 5th day of April, 1994. APPROVED: BY: Fred Hanna, Mayor ATTEST: ey: Sherry L. Thomas Sworn to and subscribed before me on this dayof City Clerk ' EXHIBR 'A' 19 Pt . . SF1 - 1 /4 , SWI 14 . 3-1630, more particularly h r� described as follows, e comer Beginning at the NE comer of Lot 15. McClelland Addi- tion tltlFtion to the City of Fayene- Notary Public ville. Arkansas. thence North 50 feet to the SE M Commission Expires: corner of Lot 14, McClel- My Pes' nWatt w tiothence run- ning right t with the North /J right 0f eeey of Linde Lena - 399.00 feat to the SW - 00r- ner of Lot 2. McClelland Addition. thence Sough 50 - - feet to the NE cornerddit of $ -I Let 3, McClelland Addiuo0, Fees for Printing - . thence East 399.00 feet - '1 with the South right of way Cost of Proof $ - of he399.0 tle Lane feet to the point a beginning. Total $ e - .