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HomeMy WebLinkAboutOrdinance 3790 FILED FOR RECORD ' 9M f7AY 5 ASI 8 05 WASHttiGTuN MAR A . KOLLMEYER ORDINANCE NO. 3790 AN ORDINANCE VACATING AND ABANDONING A 25' EAST - WEST UTILITY EASEMENT LOCATED ON THE WEST SIDE OF CROSSOVER RD. , SOUTH OF JOYCE, AS REQUESTED BY SEXTON & ASSOCIATES. 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 utility 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 3rd day of May 1994. APPROVED: By: red Hanna, Mayor ATTEST: By : Sherry E. Thomas, City Clerk art^• r' l : °i � y: fir.. :. . 94027108 EXHIBIT "A" A 25 FOOT UTILITY EASEMENT DESCRIPTION : A part of the SWI /4 of NWl /4 of Section 30, T- 17-N , R-29-W described as commencing at the point which is East 975 .51 feet and South 462 .78 feet from NW Corner of said 40 acre tract, said point being the NW Corner of Lot 2 of the Final Plat of Sexton Point, Fayetteville, Washington Countyh, Arkansas; thence S 89 " 25158 " E 29 .75 feet; thence N 32 " 14'44" W 14. 87 feet of the true point of beginning; thence S 89025 '58 " E 169.44 feet; thence along a curve to the right 25 .33 feet, said curve having a radius of 884.93 feet; thence N 89025558" W 149. 19 feet; thence N 32 " 14'44" W 29.75 feet to the true point of beginning. 94027109 t, Alma Kdtrtryer, C1+cutt dark a d lxofgcb rxc-'.:r fcr \':c'4ingtni C�,uRs'1'17ri' �CATE OF RECORD l`at this in- State of Arl+E111505 SS gNmCM 'n my office City of l�etyatteville m Indic! Y -m� Is now 1, Sherry Thomasv City Clerk and Ex- dulyrccc. :: �g=mint Officio recorder for the City of and ccz, ,=wd [look and Fayetteville, do hereby certify that the Poaoas _ - n. annexed or foregoing Is of record in may INilmvo herounta office and the same appears In „t my i•cra ac.d c`i!:_-,c K13 5001 of wld Ordinance & Resolution book 14 ✓ 91 at Court on tiro e3:j ir.� cetod heream page t q� Witness my hanand Nmo Beal thig _day Of Cloackrk and Circuitrcult Clark Ex-officio Recorder Clty Clerk d R:•Otfl STATE OF ARKANSAS ss. ORDINANCE NO. 3790 County of Washington AN ORDINANCE VACATING AND ABANDONING A 25' EAST-WEST UTILITY EASE- I hereby ceI- MENT LOCATED ON THE Y WEST SIDE OF CROS- . tify that I am the publisher of Tlk NORTHWEST ARKANSAS TIMES, a daily SO V E R RD. SOUTH OF JOYCE. AS REQUESTED ' newspaper havin a second class mailing privilege, and being not less than four pages of B Y SEXTON & five columns each, published at a fixed place of business and at a fixed (daily) intervals ASSOCIATES continuously in the City of Fayetteville, County of Washington, Arkansas for more than WHEREAS, the City Council aperiod of twelve months, circulated and distributed from an established place of business nes the authority under to subscribers and readers generally of all classes in the Ci and Count for price A.C.A. §14authori to under vacate B Y City Y P public grounds or portions for each copy, or a fixed price per annum, which price was fixed at what is considered the thereof as may not for the ! value of the publication, based upon the news value and service value it contains, that at time being he required for least fifty percent of the subscribers thereto have paid cash for their subscriptions to the corporate purposes; and WHEREAS, the City council newspaper or its agents or through recognized news dealers over a period of at least six has determined that the fol- months; and that the said news a r ublishes an average than forty percent news lowing described '.utility P Pe P B rtY easement is not required matter. for corporate purposes. NOW. THEREFORE, BE IT I further certify that the legal notice hereto attached in the matter of ORDAINED BY THE CITU � �� � COUNCIL OF THE CITY OF F A Y E T T E V I L L E . ARKANSAS: Sectfon' 1. That the City was published in the regular daily issue of said newspaper for of Fayetteville. Arkansas hereby vacates and aban- consecutive insertions as follows: dons all its rights together withh the rights of � /� the public generally, in and The first insertion on the day of 19 �'T to the following described utility easement: Se Exhibit a the second insertion on the day of 19 hereto and made attached tla a part hereof. the third insertion on the day of 19 Section 2. That a copy of this Ordinance duly certified and the fourth insertion on the da of 19 by the City Clerk shall be y filed in the office of the Re- corder of the County and recorded in the Deed Re-1 cords of the County. R E C E { V E U PASSED AND APPROVED ' this 3rd day of May, 1994. Publisher General Manager ; APPROVED: MAY 18 1994 By: Fred Henna, Mayor ATTEST: By: Sherry L. Thomas City Clerk FINANCE DEPT. EXHIBIT 'A' A 26 FOOT UTILITY EASEMENT DESCRIPTION A part of the SW 1/4 of _ NW 1 /4 of Section 30. T-17-N, 8-29-W described' as commencing at the point which is East 975.51 feet' and South 462.78 feat from NW Corner of said 40 acre' / tract, said point being the Swom to and subscribed before me on this tU//1 NW Corner of Lot 2 of the day of Final Plat of Sexton Point, Fayetteville, Washington, County, Arkansas: thence S ` / lM'I 19 7 89025'58 " E 29.75 feet: " thence N 32" 14' 44 " W1 ! 14.87 feat to the true point' ti of beginning; thence S ' : 89'25'58" E 169.44 feet; ' thence along a curve to the - Notary Public right 25.33 feet, said curve ' having a radius of 884.93 feet: thence N 89'25'58" W My Commission Expires: 149. 19 feet; thence N 32'14'44" in 29.75 feet t the—true paint of beginning.. Fees for Printing Cost of Proof $ Total $