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HomeMy WebLinkAboutOrdinance 3857 FILED FOR RECORD ' 94 DEC 29 PSI 4 19 ORDINANCE NO. 3857 WASHINGTON GO ARA . KOLLMEYER AN ORDINANCE VACATING AND ABANDONING A RIGHT OF WAY FOR PROPERTY LOCATED AT SHILOH DR. , WEST OF HIGHWAY 71 AS REQUESTED BY ROUSE TRISTATE VENTURES. 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, subject to the reservation of a utility easement, 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 . That the City of Fayetteville hereby reserves an easement on, over, across and under the above described street right-of-way to construct, lay, remove, relay, enlarge, and maintain public utility lines. Said utility easement shall be for the benefit of the electric power companies, telephone companies, gas companies, and the City of Fayetteville. Section 3 . 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 December 1994. APPROVED : By : f 11tall� Fred Hanna, Mayor ATTEST By ' Trac ipoll k t . • . . . :►- _ � . 94075348 �,. EXHIBIT A Prol& y Owners: Tristate Joint Venture, A Partnership; Rouse Tristate Venture, Inc. , General Partner Proper Description: A part of the SEI /4 of Section 23 , Township J7 North, Range 30 West, Washington County , Arkansas, and being more particularly described as a 50 foot wide tract of land, currently designated as right-of-way for Shiloh Drive, running parallel and adjacent to the West right-of-way line of U.S . Highway No. 71B, said West U . S. Highway right-of-way line of U.S . Highway No. 71B, said West U. S. Highway right-of-way line being described as follows : Beginning at a point along the West right-of-way line of U .S . Highway No. 71 B, N 89 ` 10'E, 841 .02 feet from a found stone at the center of said Section 23; thence S 00016' W, 127 .5 feet; thence S 2020' E, 531 .5 feet; thence S 1904' E, 150. 1 feet; thence S 1709' E, 191 . 8 feet; thence S 1411 ' E, 132.6 feet; thence S 0309' E, 271 .6 feet; thence S 0216' W, 382.4 feet; thence S 00`46' E, 130.0 feet. 94075349 s, Aiorat(ollmclro�r grc„ffdf�^��,.��... 6o-offlelo f�aCa-dcr for Washington COWS , Arkan=, 63 h�rcoy certify that this in- :';umcnt �cc. U-. fcr rcccrd in my offIC3 y indir C :' .,ray crd Ih� same is now 'uly rcccr. ..h u ,novAedgernenl and crL : ' -crd Book and Po£a r . oa. N V. _ .. I baso homun= ser my hon -'. ocd o;=i;:^d the seal of Court on the c_atc irdimtcd hcrcor� Almo :'�olh,oycr Ctrcuit Clcrl: and En-officio R=Onrd STATE OF ARKANSAS ss. County of Washington - -' _ Property Descriptions: � �� Apart of the SEl/4 of Sec- t-Legal Notices t n Sec- tion a Township 17 North, I, ( , L\ ( I ^ hereby ter- , ORDINANCE NO. 3957 Range 30 West, Washing- AN ORDINANCE VACATING ton County. Arkansas, and tify that I am the publisher of THENORTHWEST ARKANSAS TIMES, a daily ,AND ABANDONING A being more particularly do- newspaper having a second class mailing privilege, and being not less than four pages of RIGHT OF WAY FOR scribed as a 50 foot wide PROPERTY LOCATED AT tract of land. currently de- five columns each, published at a fixed place of business and at a fixed (daily) intervals SHILOH DR . WEST OF signaled as right-of-way for continuously in the City of Fayetteville, County of Washington, Arkansas for more than (HIGHWAY 71 AS RE - Shiloh Drive, running para. QUESTED BY ROUSE TRIS- llel and adjacent to the a period of twelve months, circulated and distributed from an established place of business TATE VENTURES. West right-of-WaY line of to subscribers and readers generally of all classes in the City and County for a defmiteprice ,WHEREAS, the City Council U.S. Highway No. 71B. said has the authority under Ark. West U.S. Highway right-of- for each copy, or a fixed price per annum, which price was fixed at what is considered the Code Ann. 414-54-104 to way line of U.S. Highway value of the publication, based upon the news value and service value it contains, that at vacate public grounds No. 718, said West U.S. which are not required for Highway right-of-way line least fifty percent of the subscribers thereto have paid cash for their subscriptions to the 'corporate purposes; and being described as follows: newspaper or its agents or through recognized news dealers over a period of at least six WHEREAS, the City Council has determined that the fol- Beginning at a point along months; and that the said newspaper publishes an average of more than forty percent news lowing described right-of- the West right-of-way line matter. way is not required for cor- of U.S. Highway No. 718, poste purposes. N 89' 10'E, 841 .02 feet NOW, THEREFORE, BE IT from a found stone at the I further certify that the legal notice hereto a lathed in the matter of ORDAINED BY THE CITY center of said Section 23: y g COUNCIL OF THE CITY OF thence S 00'16'W. 127.5 n Mnn _ F A Y E T T E V I L L E , feet thence S 20'20' E, (J� d, V1 u I o ,f)ob ARKANSAS: 531 . 5 feel : thence S Section 1. That the City 19'04'E, 150.1 feet; thence of Fayetteville, Arkansas S 17609' E . 191 .8 feet :, was published in the regular daily issue of said newspaper for hereby vacates and aban- thence S 14671 'E. 132.6 dons. subject to the reser- feet: thence S 03009' E, consecutive insertions m follows: ' vation of a utility easement. 271 . 6 feet : thence S all of its rights together 02616'W. 382.4 feet: thence �7 �r1 (� with the rights of the public 5 00_48'E. 130.0 feet_ __, The first insertion On the .0 ifyl I .� .(C�I. q .L.� v� day of 19 ` I, generally, in and to the fol-! lowing described right-of- way: the second insertion on the day of 19 See Exhibit "A' attached hereto and made a party hereof. the third insertion on the day of 19 Section 2. That the City of Fayetteville hereby re- serves an easement on, and the fourth insertion on the day of 19 over, across and under the above described street right-of-way to construct. lay. remove, RECEIVED and maintain public utility lines. Said utility easement shall be for the benefit of. the electric power compa- Publisher General Manager nies, telephone companies, JAN 0 5 1995 gas companies, and the 'City of Fayetteville. Section 3. A copy of this FIANCE DEPT. Ordinance duly certified by the City Clerk shall be filed in the office of the Recor- l!der of the County and re- corled in the Deed Records lot the County. !PASSED AND APPROVED this 20th day of December, 1994. APPROVED: By: Fred Hanna, Mayor 'ATTEST: IBy: Traci Paul, City Clerk Sworn to and subscribed before me on this ��l day of I EXHIBIT A G Property Owners: C , Qalv�- 19 C1 Joint Venture. A Partnership; Rouse Tristate Venture . Inc . . General ' 'Partner _ I Notary Public My Commission Expires: olsi -nI Fees for Printing _$ 2 , Cost of Proof $ Total $ / .