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HomeMy WebLinkAboutOrdinance 3832 ` ICED ; OR RECORD ' 94 SEP 26 Pfd 1 51 WASHING i UN CO AR A . KOLU4EYER . ORDINANCE NO. "i A "i 2 AN ORDINANCE VACATING AND ABANDONING A UTILITY EASEMENT LOCATED WEST OF MALL LANE AND NORTH OF JOYCE BOULEVARD AS REQUESTED BY CLARY DEVELOPMENT CORPORATION . 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 easement: 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 this20th _ day of September 1994. APPROVED: By: /1A? red Hanna, Mayor ATTEST: By — Traci, ,tiu � -11 VI! � ' o. to op E� pow 4. ' pp AYE. . .� r • pp ;. .: . . . . . . 94058142 o t_ EXHIBIT "A " Spring Park Subdivision-Phase II to the City of Fayetteville, Arkansas, as shown on the preliminary Plat of Spring Park Subdivision - Phase III and described as: 1 . Twenty (20)' foot Utility Easement along the North Line of Lot Ten (10) and Eleven ( 11 ) . 2. Twenty-five (25 ') foot Utility Easement along the East Llne of Lot Nine (9) and Ten (10). 3 . Twenty-five (25 ') foot Utility Easement along the South Ltne of Lot Nine (9) and Eleven ( 11) . 4. Twenty (20') foot utility Easement between Lots Nine (9), Ten ( 10) and Eleven (11) . 94058143 1, Alma Kollmey�+. Cirytt derka d En-efficia :-. .�" `". •va�i�r2ronC�c ify I1101 this In- AtKc^ __r;rdInmYOffloi Si!UT .t.d I:tl 5am0ls ROW nj iltGll • - �:.tnpeJl^ duly i:; Record Eo"4 and cc: . . page c_ r^_ren. IIJ W' . : . ���. I have Faroutt J sat MY t•c c.- cr of Ex:9 tho M-31 of c'¢� Court on I; ?' i;dicatcd homett, Almo Ko: �-s ORDINANCE NO. 3832 AN ORDINANCE VACATING AND ABANDONING A STATE OFARKANSAS UTILITY EASEMENT. LO- CATED WEST OF MALL ss. LANE AND NORTH OF County of Washington JOYCE BOULEVARD AS REQUESTED BY CLARY DEVELOPMENT -.Fr ",� �� CORPORATION. I, - hereby cer- WHEREAS, the city Council tify that I am the publisher of THEI ORTHWEST ARKANSAS TIMES, a daily nes the authority under Ark. newspaper havin a second class mailing privilege, and being not less than four pages of Code Ann. 1454104 to $ $ Pri 8 $ P 8 vacate public grounds five columns each, published at a fixed place of business and at a fixed (daily) intervals corporate are not required for continuously In the Cit of Fayetteville, County of Washington, Arkansas for more than corporate purposes; and Y Y Y tY $ WHEREAS, the City Council a period of twelve months, circulated and distributed from an established place of business hes ngtereicri that the fol-' to subscribers and readers generally of all classes in the Cit and Count for rice lowing described right-of- $ Y Y Y P way is not required for cor- for each copy, or a fixed price per annum, which price was fixed at what is considered the poratepurposes. NOW, THEREFORE, BE R P value of the publication, based upon n the news value and service value it contains, that at NOW, ORDAINED BY THE CITY, least fifty percent of the subscribers thereto have paid cash for their subscriptions to the COUNCIL T THE CITY OF ' newspaper or its a agents or through recognized news dealers Over a period of at least six F A Y E T T E V I L L E $ $ $ ARKANSAS. months; and that the said newspaperpublishes an average of more than forty percent news Section 1 . That the City of Fayetteville , Arkansas, matter. hereby vacates and aban- dons all of its rights together with the rights of I further certify that the legal notice hereto attached in the matter of the public generally, in and to the following described easement: See Ea "A" attached hereto and made a part was ublished in the regulardady issue of said newspaper for I hereof. consecutive insertions as follows: Section 2. A copy of this Ordinance duly certified by ��1� 11 C ��f C the City Clerk shall be plea The fust insertion on [he -IA f R1�- l day of 19 in the office of the Recor- der of the County and re-i ,corded in the Dead Records the second insertion on the day of 19 -of the County. PASSED AND APPROVED this 20th day of September, the third insertion on the day of 19 1994. APPROVED: and the fourth insertion on the day of 19 By Fred Hanna, Mayor ATTEST: By Traci ?awl, City Clerk EXHIBIT "A" - Spring Park Subdivision= Phase II to the City of Fay etteville , Arkansas , as R E `+ E ' V E Publisher General Manager shown on the preliminary Plat of Spring Park Subdivi- sion - Phase III and de- scribed as: OCT 04 1994 1 . Twenty 1201' foot Utility Easement slang the NorthFINANCE DEPT. Line of Lot Ten 1101 and ntl Eleven (11). 2. Twenty-five (25)' foot Utility Easement along the ,East Lina of Lot Nine (9) and Ten (10). 3. Twenty-five (251' foot I 'Utility Easement along the Sworn to and subscribed before me on this c� "j l-• ~ day of South Line of Lot Nine (9) and Eleven 011. 19 l 4. Twenty (20)' foot Utility Easement between Lots Nine (9), Ten (10) and Ele-' van 111). Notary Public My Commission Expires: /� Oq - 01 .0 Fees for Printing .$ `JCS Cost of Proof $ Total $ U