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Home My WebLink AboutOrdinance 3775 F 't r ^• RECORD ` 9`i t1PR 25 PM 1 03 no AR ORDINANCE NO. 3775 - AN 775 AN ORDINANCE VACATING AND ABANDONING A RIGHT-OF-WAY GRANT, RECORDED AS NO. 93-52079, LOCATED ON THE SOUTH SIDE OF MT. COMFORT ON PROPERTY OWNED BY JACK HENBEST AND JUANITA HENBEST. WHEREAS, the City Council has the authority under Ark. Code Ann. § 14-54- 104 to vacate public grounds which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described right-of-way 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 right-of-way : See Exhibit "A" attached hereto and made a part hereof. 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 . PASSED AND APPROVED this 19th day of April , 1994. APPROVED : By : k;r&la�v� Fred Hanna, Mayor ATTEST: "" """'O; Sherry L. Aomas, City Clerk EXHIBIT "A" PROPERTY DESCRIPTION The West Half (W1 /2) of the Northwest Quarter (NWI /4) of the Southeast Quarter (SEI/4) of Section 6, Township 16 North, Range 30 West, Washington County, Arkansas, as described in Deed Book 599 at Page 451 and Deed Book 616 at page 110 of the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. PERMANENT EASEMENT DESCRIPTION A thirty (30) foot permanent utility easement of equal and uniform width, being more particularly described as follow: the South thirty (30) feet of the North sixty (60) feet of the East 330 of the above described property AND a twenty (20) foot permanent utility easement of equal and uniform width, being more particularly described as follows: the South twenty (20) feet of the North fifty (50) feet to the West 330 feet of the above described property, said easements lying South of and running parallel with and contiguous to the South right of way line of Mt. Comfort Road for a distance of 660 feet, more or less. This permanent utility easement contains 0. 38 acre, more or less. TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION A temporary construction easement twenty (20) feet in width being parallel with and contiguous to the above described permanent utility easement and situated on the South side thereof. This temporary construction easement contains 0.30 acre, more or less, and shall terminate when the hereinabove referenced project has been completed and accepted by the City of Fayetteville, Arkansas. taS.u:iAlo II A31`IMM) a• � , • �: rli , r• � fiD 130 GI `t : sQa ^ y� • fit be $ Ja _ !I�• •IP t:+.is:t�n`.3t1 3� �:• F4nt�J'FSB 94024551 �+ /� p/� n T r4't�ic:r :. . . V, . . , .s ".�»•ani C:uu.t CERTIFICATE O>v RWORjD State of Arkansu CIA of Fayatteviile ( �, i-a I, Sherry Thomas, City Clerk and Ex- Officio recorder for the City of ' FayetteviNey do herebycertify that the annexed or foregoing of record in ud ` offtee 284 the same appears in : m, OrdLunce A Resolution boot XXv I I at Me / Witney my haftin4 + ! q * day of -= . 19- 9y lrcua o _ . Clay a oad $-OnWo ORDINANCE NO. 3776 described in Deed Book STATE OF ARKANSAS 55. AN ORDINANCE VACATING 599 at Page 451 and Dead County of Washingto AND ABANDONING A Book 616 at page 110 of RIGHT-OF-WAY GRANT, .the Office of the Circuit nn (1e RECORDED AS N O . Clerk and Ex-Officio Recor- I, V l Y.! hereby cer- 79. LOCATED oat der of Washington County, THE SOUTH SIDE ED ON Arkansas oY am t f that I he publisher of E NORTHWEST ARKANSAS TIMES, a daily THE S COMFORT ON PROPERTY PERMANENT EASEMENT newspaper having a second class mailing privilege, and being not less than four pages of OWNED BY JACK HEN- DESCRIPTION five columns each, published at a fixed lace of business and at a fixed (daily)BEST A N D J U A N I N- 'A thirty 1ON`loot perms- P P ( y> intervals HENBEST. nently utility easement of continuously in the City of Fayetteville, County of Washington, Arkansas for more than WHEREAS, the City Council equal and uniform ly de- a riod of twelve months, circulated and distributed froman established lace of business hes the authority under Ark. being more particularly width. Pe P Code Ann. 14-54-104 to scribed as follows: the to subscribers and readers generally ofall classes in the City and County for a definite price valeta public grounds South thirty 60) feat of the for each co or afixed rice per annum, which rice was fixed at what is considered the which are not requiredgrow for North sixty 1430 fact of the PYA P Pe P corporate purposes: and East 330 of the above de- value of the publication, based upon the news value and service value it contains, that at WHEREAS, the chat Council- scribed property AND a least fifty percent of the subscribers thereto have aid cash for their subscriptions to the has determined that the cit twenty 120) foot permanent Y Pe P P lowing described right-of- utility easement of equal newspaper or its agents or through recognized news dealers over a period of at least six way is not required for mr- and uniform width, being id and that the e sanewspaper ublishes an averageofmore than forty Npurposes. more particularly described monthsPriy percent news NOW. THEREFORE. BE IT follows : the South matt".tw ORDAINED BY THE CITY twenty y ( feat of the COUNCIL OF THE CITY OF North fifty 1501 feet to the F A Y E T T E V 1 L L E , West 330 feet of the above I further certify that the legal notice hereto attached in the matter of ARKANSAS: described property, said ' ///"""�� ` ` SECTION 1 . That the City easements lying South of / �� :t _77 of Fayetteville.s Arkansas and running parallel with l J -T" /`� hereby vacates and abet- and contiguous to the tlon5 all of its rights South right of way line of together with the rights of tan Comfort Rd. fora dor was published in the regular daily issue of said newspaper for the public generally, in and tensa h 660 feat, more or ri the following described less. This permanent utility consecutive insertions as follows: right- Exhibit easement contains 0.36 �� _ r Sae Exhibit "A" attached acre, more or lass. /`�, fW1 (,'(�,/) —/��/Jyf— hereto and made a part TEMPORARY CONSTRUC- The fast insertion on the day of 19 hereof. TION EASEMENT SECTION 2. A copy of this DESCRIPTION Ordinance duly certified by A temporary construction the second insertion on the day of 19 the City Clerk shall be filed easement twenty (20) feet in the office of the Recor- in width being parallel with der of the County and re- and contiguous to the the third insertion on the corded in the Deed Records above described Permanent day of 19 of the County. utility easement and si- PASSED AND APPROVED tuated on the South side and the fourth insertion on the da of 19 this 19th day of April, 1994. thereof. This temporary Y APPROVED : By : Fred construction easement con- Fiann9. Mayor tains 0.30 acre, more or ATTEST: Sherry L. Thomas. less, and shall terminate R P� L CiCityClark when the hereinabove "re- C L C Y`/ G ferenced project has been EXHIBIT "A" completed and accepted by PROPERTY DESCRIPTION the City of Fayetteville, MAY 10 1994 Publisher / GenemlManager The West Half (Wl/2) of Arkansas. _the Northwest Quarter (NWl/4) of the Southeast p� Quarter 1SEI/41 of Section. FiINvIUCE DER IpT , 6. Township 16 North, Range 30 West, Washing !on County. Arkansas, as Sworn to and subscribed before me on this � G�� day of 19 ((q Public My Commission Expires: (�, 0q- oi -0I Fees for Printing —$ Cost of Proof $ Total .$ S . �