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HomeMy WebLinkAboutOrdinance 3844 ORDINANCE NO. 3844 co AN ORDINANCE VACATING AND ABANDONING A m SEWER EASEMENT ON PROPERTY OWNED BY THE •-rp. o rrn SIMPLEX MOTEL GROUP (SUPER 8 MOTEL), LOCATED WEST OF SHILOH DRIVE AND SOUTH OF HIGHWAY 62 ccoo 0 WEST. M Z � rn 3 m rn na � o � o WHEREAS, the City Council has the authority under Ark. Code Ann. § 14-54- 1% tov a vacate public grounds which are not required for corporate purposes; and r10 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 sewer 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 tiled in the office of the Recorder of the County and recorded in the Deed Records of the County . PASSED AND APPROVED this 16th day of November 1994. APPROVED: l 4e By: Fred Hanna, Mayor ATTEST : By :�,y LLLfL�'�CI / `tGCt�LL Traci Aff� , tCit� Clerk 'b - 0 94070243 =AO All �� . '` rY. .c `�� ` EXHIBIT "A " Parcel 1 : Part of a Tract of land described in the deed recorded in Book 1311 at Page 229 of the records of the Office of the Circuit Clerk and Ex-Officio recorder of Washington County, Arkansas, said parcel being located in part of the Northeast Quarter (NEI /4) of the Northeast Quarter (NEI/4) of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at the Southeast Corner of said NEI /4 of the NEI /4; thence North 8932900" West 529.54 feet (533 .40 feet, record) , along the South line of said NEI /4 of the NEI /4 to an existing iron pin at the Southeast Comer of the aforementioned Tract of land for the Point of Beginning; thence North 8932'00" West 152.90 feet (149. 10 feet, record) along said South line of said NE1/4 of the NEI /4 to an existing iron pin at the Southwest Corner of said Tract of land; thence North 01023 '53 " East 247 .05 feet along the West line of said Tract to an existing iron pin at the Northwest Comer thereof, said point also being on the Southerly right of way line of U . S . Highway 62; thence North 76000' 14" East 150. 84 feet along said right of way line to an existing iron pin at the Northeast Comer of said Tract; thence South 00"06' 11 " East 284.70 feet along the East line of said Tract to the Point of Beginning, containing 0.91 acres, more or less. begin subject to any and all easement and rights of way of record. Pare 2 : Part of a Tract of land described in the deed recorded in Book 1406 at Page 906 of the records of the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County , Arkansas, said parcel being located in part of the Southeast Quarter (SEI/4) of the Northeast Quarter (NEI /4) of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at the Northeast corner of said SEI /4 of the NEI/4 thence North 89032'00" West 476.49 feet along the North line of said SEI /4 of the NEI /4 to an existing iron pin at the Northeast Corner of the aforementioned Tract of land for the point of Beginning, said pint also being the Northwest Corner of a tract of land described in the deed recorded in book 1142 at Page 585 of the records of the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas; thence South 00050'37 " West 238 . 30 feet along the common line of the above mentioned Tracts; thence North 8932'00" West 282 .00 feet to the East line of a Private Street; thence North 00`50'37 " East 115 .00 feet along the East line of said private street; thence North 32 "22'28 " East 145 .24 feet to an existing iron pin on the North line of said SEI /4 of the NEI /4; thence South 8932'00" east 206.04 feet along said North line to the point of Beginning, containing 1 .44 acres, more or less. Begin subject to any and all easements and rights of way of record. ,94070244 1, Alma Kollmeycr, Circuit clerk ane &-offldo f❑C.-der Ic- "'arS:ngton Count ArkonMt, - . , . • l ai ;his in- ttrumc 1;as . rnr r..cord in my office as ine:-' " - • r cams is now duty . cc i - `ro'.-JIud9ement and curt . -crd Book and Pogo C. ir . hereunto tet my hand and c'riixed tf<o seal of said Court on tho eata indicd& harass► Alma Kollmayc:f 'Crcuit Cledc and ;c"�Ifjcl Recorder PARTIAL RELEASE OF RIGHT OF WAY GRANT BE IT KNOWN BY THESE PRESENTS: That the City of Fayetteville, Arkansas, a municipal corporation, hereby releases that Right of Way Grant recorded in Book 766 at Page 370 of the records of the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, but only as to that property described in Exhibit "A" (two parcels) attached hereto and incorporated by reference herein. This Release shall not affect any other property described in said Right of Way Grant. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 21ST day of NI Q\/9FM RER 1994. CITY OF FAYETTEVILLE, ARKANSAS BY: 41 FredlHanna, Mayor ATTEST: Traci Paul , City Clerk (Seal) ACKNOWLEDGMENT STATE OF ARKANSAS ) ss COUNTY OF WASHINGTON ) BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, within and for the County and State aforesaid, duly commissioned and acting, personally appeared, Fred Hanna and Traci Paul to me well known, who stated that they are the Mayor and City Clerk of the Ciry of Fayetteville. Arkansas. a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this 21sT d of 140\JEMB 1994. MY COMMISSION EXPIRES: ' Notary Public O>21f_ Z(o , IQ�� EXHIBIT "A" (Page 1 of 2) PARCEL 1 : Part of a Tract of land described in the deed recorded in Book 1311 at Page 229 of the records of the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, said parcel being located in part of the Northeast Quarter (NEI/4) of the Northeast Quarter (NEI/4) of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at the Southeast Corner of said NEIA of the NEIA; thence North 89 32' 00" West 529.54 feet (533.40 feet, record), along the South line of said NEI/4 of the NEIA to an existing iron pin at the Southeast Corner of the aforementioned Tract of land for the Point of Beginning; thence North 89 32' 00" West 152.90 feet (149. 10 feet, record) along said South line of said NEI/4 of the NEIA to an existing iron pin at the Southwest Corner of said Tract of land; thence North 010 23' 53" East 247.05 feet along the West line of said Tract to an existing iron pin at the Northwest Corner thereof, said point also being on the Southerly right of way line of U . S. Highway 62 ; thence North 760 00' 14" East 150.84 feet along said right of way line to an existing iron pin at the Northeast Corner of said Tract; thence South 00 06' 11 " East 284.70 feet along the East line of said Tract to the Point of Beginning, containing 0.91 acres, more or less. Being subject to any and all easements and rights of way of record. EXHIBIT "A" (Page 2 of 2) PARCEL 2 : Part of a Tract of land described in the deed recorded in Book 1406 at Page 906 of the records of the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, said parcel being located in part of the Southeast Quarter (SEI/4) of the Northeast Quarter (NEIA) of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at the Northeast Corner of said SETA of the NEIA; thence North 89 32' 00" West 476.49 feet along the North line of said SE1/4 of the NEIA to an existing iron pin at the Northeast Corner of the aforementioned Tract of land for the Point of Beginning, said point also being the Northwest Corner of a Tract of land described in the deed recorded in Book 1142 at Page 585 of the records of the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas; thence South 00 50' 37" West 238.30 feet along the common line of the above mentioned Tracts; thence North 89 32' 00" West 282.00 feet to the East line of a Private Street; thence North 00 50' 37" East 115.00 feet along the East line of said Private Street; thence North 32' 22' 28" East 145 .24 feet to an existing iron pin on the North line of said SE1/4 of the NEIA; thence South 89 32' 00" East 206.04 feet along said North line to the Point of Beginning, containing 1 .44 acres, more or less. Being subject to any and all easements and rights of way of record. ORDINANCE NO. 3844 AN ORDINANCE VACATING existing iron pin at the;AND ABANDONING A Southwest Corner of said' , SEWER EASEMENT ON Tract of land; thence North - PROPERTY OWNED BY 01'23'53- east 247-.05 feet THE SIMPLEX MOTEL along the West line of said GROUP (SUPER 8 MOTEL), Tract to an existing iron pin LOCATED WEST OF SHI- at the Northwest Corner STATEOFARKANSAS LOH DRIVE AND SOUTH thereof, said point also be- 1 OF HIGHWAY 62 WEST. Ing on the Southerly right JS ss. of way line of U.S. Highway Count of Washington WHEREAS, the City Council 62: [hence North 76'00'14" y $ has the authority under Ark East 150.84 feet along said ex- Code Ann. 414-54-104 to right of way line to an ex- /� (�(� t � �� \ fisting iron pin at the North- I, l I��r` �+� \ ' hereby CCr- vacate public grounds' y which are not purposes; and for east Corner of said Tract; tiq� that I am the publisher of T NORTHWEST ARKANSAS TIMES, a daily corporate purposes; and thence South Said T11 " `7 East 284.70 feet along the newspaper having a second class mailing privilege, and being not less than four pages of WHEREAS, the City Council East one of said Trac[ to five columns each, published at a fixed lace of business and at a fixed (daily)has WHEREAS, the that the fol- the Point of Beginning, con- P P ( y) m[erva1S lowing described right-of- a sin.begI acres , more e y continuously in the City of Fayetteville, County of Washington, Arkansas for more than way Is not required for cor+ and all easement and rights, a period of twelve months, circulated and distributed from an established place of business NOWForate, purposes. of way of record, to subscribers and readers generally of all classes in the Cit and Count for adefmite rice NOW, THEREFORE, BE IT $ y y Y P ORDAINED BY THE CITY Parcel 2: for each copy, or a fixed price per annum, which price was fixed at what is Considered the COUNCIL OF THE CITY OF Part of a Tract of land de- value of the publication, based upon the news value and service value it contains, that at 'F A Y E T T E V I L L E scribed in the tleetl re- ARKANSAS: / corded in Book 1406 at least fifty percent of the subscribers thereto have paid cash for their subscriptions to the 'Page 906 of the records of newspaper or its agents or through recognized news dealers over a period of at least six Section 1. That the City the Office of the Circuit of Fayetteville. Arkansas Clerk and Ex-Officio Recor- months; and that the said newspaperpublfishes an average of more than forty percent news 'hereby vacates and aba n- der of Washington County matter. dons all of its rights Arkansas, slid parcel being 'together with the rights Of located in part of the the public generally, in and Southeast Quarter (SE1/4) to the following described of the Northeast Quarter I further certify that the legal notice hereto attached N the matter of sewer easement: Town /41 of Section n19 ge See Exhibit "A- attached Township 16 North. Range hereto and made a, 30 Wes [ . par[ Washington I County. Arkansas, more par hereof. ticularly described as fol- was published in the regular daily issue of said newspaper for lows: Commencing at the Section 2. A copy , of this r S Ordnance duly certified by Northeast cornet of said consecutive insertions as follows: OrdinaSEI/4 of the NE1/4 thence the City Clad, shall be filed North 89 '32 ' 00 " West in the office of the Recor- 476.49 feet along the North The fust insertion on the 1 \ 'r�ll-�/l� lr��.� JQ day of 19 der of the County and re- line of said SE1/4 of the corded in the Deed Records NE1/4 to an existing iron of the County. pin at the Northeast Corner the second insertion on the day of 19 !PASSED AND APPROVED of the aforementioned Tract of land for the point of Be- 'this 16th day of, November. ginning, said point also be- the third insertion On the 1994. ing the Northwest Corner day of 19 APPROVED: of a tract of land described By: Fred Hanna, Mayor b the deed recorded in and the fourth insertion on the da of 19 ATTEST: book cord at Page 585 of Y .Sy: Traci Pauli the records of the and of City Clerk the Circuit Clerk and _ OfficioRecorder EXHIBIT 'A' Washington County, Arkan- dG/� bl„ 4-• ses : theennceeso oof f South Parcel 1: 00'50'37" West 238.30 feet ;Part of a Tract of land de- along the common line of scribed in the tleetl re- the above mentionedrL-n ��, � Publisher / General Manager corded in Book 1311 al Tracts ; thence North IIIJi'Cff�h Page 229 of the records of 89'32'00" West 282.00 fee[ V the Office of the Circuilto the East line of a Private Clerk and Ex-Officio recor- Street : thence North �(/[�• l/alaby. der of Washington County. 00'50'37" East 115.00 feet .Arkansas, said parcel beingalong the East line of Said located in part of the North- private street; thence North east Quarter (NEI/4) of 1he32.22'28" East 145,24JaeL NOrtheast Quarter (NEI/4) '-to an existing iron pin on of Section / 9. Township 16 the North line of said SEIM North, Range 30 . West, of the NEI/4; thence South Washington County, Arkan- 89'32'00- east 206.04 Isetl. gas. more particularly de- along said North line to ihe, scribed as follows: Com-' point of Beginning, containv 'mencing at the Southeast ing 1 .44 acres, more or Corner of said NE1/4 of the less. Begin subject to ally NEI /4 ; thence North and all easements and Swum to and subscribed before me on this day of 89'32'00" West 529.54 feet _'rights of way of record. _- ( feet, . along thehe South lineine of said 19 NEI/4 of theto an existing iron pin pin at the Southeast Corner of the (aforementioned Tract of land fororthe Point of Begin- ning ; png ; thence N 89'32'00" West 152.900 feet feet Notary Public (149. 10 feet, record) along said South line of said ! My Commission Expires: NEI/4 of the NE1/4 to ani Fees for Printing Cost of Proof Total $ x • j 7