HomeMy WebLinkAboutOrdinance 3835 r ' r' R RECORD
' 94 OCT 24 PM 1 53
ORDINANCE NO. 3835 " SNit; c tI CO AR
A . KOLLMEYER
AN ORDINANCE VACATING AND ABANDONING A 50'
FOOT RESERVED STREET RIGHT-OF-WAY LOCATED
BETWEEN LOTS 21 AND 23 OF THE ' COLT SQUARE
SUBDIVISION , SUBJECT TO THE RESERVATION OF
UTILITY EASEMENTS ON , OVER, ACROSS AND UNDER
CERTAIN PORTIONS OF THE SUBJECT PROPERTY; AND
CONTINGENT UPON THE DEDICATION OF AN
ALTERNATE STREET RIGHT-OF-WAY TO BE LOCATED
ALONG THE SOUTHERN PORTION OF LOT 21 OF THE
COLT SQUARE SUBDIVISION .
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, subject to the reservation of utility
easements, in and to the following described property located in Washington County, Arkansas:
See Exhibit "A" attached hereto and made a part hereof.
Section 2 . The City of Fayetteville hereby reserves utility easements on, over, across
and under the northern 20 feet, the western 20 feet, and the eastern 15 feet of the above
described property, to construct, lay, remove, relay, enlarge, and maintain public utility lines.
Section 3 . Said utility easements shall be for the benefit of the electric power
companies, telephone companies, gas companies, and the City of Fayetteville, Arkansas.
Section 4. As a condition of the abandonment of the above described street right-of-
way, an alternate street right-of-way shall be granted to run along the southern portion of lot
21 of Colt Square Subdivision, as described more fully in Exhibit "A " , attached hereto and
made a part hereof.
Section 5 . 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 .
94064041
Page 2
Ordinance No. 3835
October 5 , 1994
PASSED AND APPROVED this 4th day of October 1994.
APPROVED :
By:
red Hanna, Mayor
ATTEST:
By :�'llfll c.1 j
Traci Paul, City Clerk
l - I�tllll�
9 01
1 %/ ' •CI JC •r� •rj
••A 5
L
Oh. b. 3835
. 1
EXHIBIT A
LEGAL DESCRIPTION : ( 50 ' R / W Vacation )
The South 25 ' of Lot 23 and the North 25 ' of
Lot 21 of Colt Square in Fayetteville , Arkansas
as per plat on file in the office of the Circuit
Clerk and Ex - Officio Recorder of Washington County ,
Arkansas and being more particularly described as
Commencing at the N . E . Corner of Lot 23 thence
S 0042 ' 48 " W 230 . 82 Feet to the P . O . B . , thence
S 0042 ' 48 " W 50 . 00 Feet , . thence S 89 ° 46 ' 07 " W 115 . 75
Feet , thence along a curve . to the left 52 . 34 Feet ,
said curve having a radius of 50 . 00 Feet and an
interior angle of 59059 ' 27 " thence N 89 ° 46 ' 07 " E
115 . 34 Feet to the P . O . B .
50 ' RIGHT OF 14AY VACATION
94064043
JORGENSEN & ASSOCIATES
ENGINEERS • SURVEYORS
2013 GREEN ACRES RD. PH 501 -442-9127
FAYETTEVILLE, AR 72703 pA7{ 501 -582-4807
SCALE: JOB No: CFIECKED BY: DRAWN BY:
DATE: DESIGNED BY:
1, Alma Kalllra ows aault Clock ane
&,officlo Recordcr for Washington COUM}
Arkansas, do he^'r, e aty that this in-
ttrumentc. - . _ _. . _ .
,: to my offico
as indica' _ .oa, umo la now
duly racc . ckco•:!lodgoment
and carl;:k . '.n .:card Book and
Pogo c i. ..
'!};_� -' , I `Ciro herountm
IN V1. 1 :
eat my hcr.- -- s_d tha soul of c2k1
Court on iha r;c I :..$7cotcd hcrcam
Alma Kolimayct
amuit alara and
bpofficlo Rcccrdw
a �
ORDINANCE NO. 3835 Section 3. Said utility
AN ORDINANCE VACATING easements shall be for the STATE OF ARKANSAS
AND ABANDONING A 50 benefit of the electric
FOOT RESERVED STREET power companies, tele- SS.
RIGHT-OF-WAV LOCATED phone companies, gas com- County of Washington
BETWEEN LOTS 21 AND panies. and the City of Fay-
23 OF THE COLT SQUARE etteville, Arkansas
SUBDIVISION, SUBJECT iI, �� herebycer-
TOTHE RESERVATION OF Section 4. As a condition -
UTILITY EASEMENTS ON, of the abandonment of the tify that I am the publisher of TH NORTHWEST ARKANSAS TIMES, a daily
OVER , ACROSS AND above described street
UNDER CERTAIN POR- right-of-way, an alternatenewspaperhavin asecond class mailing privilege, and being not less than four pages of
TIONS OF THE SUBJECT street right-of-way shall be five columns each, published at a fixed place Of business and at a fixed (daily) intervals
PROPERTY; AND CONTIN- granted to run along the continuous) m the City of Fayetteville, Count of Washington, Arkansas for more than
GENT UPON THE DEDICA- southern portion of lot 21 y y y g
TION OF AN ALTERNATE of Colt Square Subdivision, a period of twelve months, circulated and distributed from an established place of business
STREET RIGHT-OF-WAY TO as described more fully in s to subscribers and readergenerally of all classes in the Ci and Counoraefmirice[e
BE LOCATED ALONG THE Exhibit " A ' , attached g y City County fdp
SOUTHERN PORTION OF hereto and made a part for each copy, or a fixed price per annum, which price was fixed at what is considered the
LOT 21 OF THE COLT hereof. value Of the publication, based upon the news value and service value It Contains, that at
SQUARE SUBDIVISION. Section S. A copy of this least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
WHEREAS, the City Council Ordinance duly certified by newspaper Or its agents or through recognized news dealers over a nod of at least six
has the authority under Ark. the City Clerk shall be filed g g g pe
Code Ann. it 14-54-104 to in the office of the Recor- months; and that the said newspaperpublishes an average of more than forty percent news
vacate public grounds der of the County and re- matter.
which are not required for corded in the Deed Records
corporate purposes; and of the County.
PASSED AND APPROVED I further certify that the legal notice hereto attached in the matter of
WHEREAS. the City Council this 4th day of October,
has determined that the fol- 1894
lowing described right-of- APPROVED:
way is not tl for cor- By: Fred Hanna. Mayor
poste purposes. ATTEST: was published in the regular daily issue Of said newspaper for
NOW, THEREFORE, BE IT By: Traci Paul
ORDAINED BY THE CITYCity Clerk - consecutive insertions a5 follows:
COUNCIL OF THE CITY OF
F A VETTE V I L L E �� da of l9 2
ARKANSAS: LEGAL HABIT DESCRIPTION: The fust insertion On We �1N'JT TT .L. � t(J y 1
Section 1. That the City (604 R/W Vacation)
Fayetteville. Arkansas The South 25' of Lot 23
of Fe
y and the North 25• of Lot the second insertion on the day of 19
hereby vacates and Oban- :21 of Colt Square In Fay-
dons all of its rights ieiteville, Arkansas as per
together with the rights of plat on role in the office of the third insertion on the day of 19
the public generally, subject the Circuit Clerk and Ex-
to the reservation of utility Officlo Recorder of
easements. in and to the Washington county, Ark- . and the fourth insertion on the day of 19
following described property arises and being more'
' located in Washington particularly described as
County, Arkansas: commencing at the N.E.
See Exhibit "A' attached corner of Lot 23 thence S R E C E I V E u
hereto and made a pert Ina P. W . , thence
feet to / ^i
PZL��
hereof. Tho P. O . B . , thence S ( J
thence ' 46' feet, OCT 3 1 1894 Publisher General Manager
Section 2. The City of .thence S 89-thence
al W
Fayetteville . Arkansas: tt cu feat, thanes along
hereby reserves utility ease-I f e, sa to the left 52.34
fast, curve having a FINANCE DEPT,
of
manes on, over, across and radius of Iand
under the northern 20 feet, an interior angle of
the western 20 feat. and 69.59'27' thence
thence N 89'
the eastern ib fee[ of the the P.O.B.E 116.34 feet to '
above described la property, the P.
to construct, lay, remove. 60' Right of Way Vacation
relay, enlarge, and maintain - - ---
public utility lines.
Sworn to and subscribed before me on this ay of
0ohzz4fA. 19 of `1/
Notary Public
My Commission Expires:
og - 0 -,0
Fees for Printing _$
Cost of Proof $ �
Total $ 14f/ 3a
