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HomeMy WebLinkAboutOrdinance 3880 FILED FOR RECORD 095 APR 3 PPI 12 55 WASHINCTpy CO AR K• HARNESS ORDINANCE NO. 3880 1 AN ORDINANCE VACATING AND ABANDONING A PORTION OF A UTILITY EASEMENT ON LOT 17 OF BOARDWALK ADDITION, PHASE III, REQUESTED BY KIM EASTERLING. 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 portion of a 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 21st day of March 1995 . APPROVED: By : F ed Hanna, Mayor ATTEST/: By: >� /f �S /fZQ�L' jLo Ii Traci,Paul, City Clerk Y T V41 "' - ' '° ` 95015804 r EXHIBIT "A " A part of Lot Numbered Seventeen (17), Boardwalk Addition, Phase III , Fayetteville, Arkansas, as per the final plat on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, and being more particularly described as follows: Beginning at a point 42 .04 feet West and 26.93 feet South of the Northeast corner of said Lot Seventeen (17), said point being on the West Boundary of a thirty-five (35) foot utility easement; thence S 12 ' 50'43 "W along said easement boundary 56. 84 feet to the South side of an existing wood deck; thence S 89050'40" E 12.49 feet to the corner of said deck; thence N00009'20" E along the East side of an existing house 55 .00 feet to the point of beginning. 95015805 I, .sere kms' o R Ctrl and Eve 'wvcbNa:.Fiinf)tor� Co x7 , i 4r.^rem, an t cmlYv co"Illy tha4 r B r.( 'd for record In MY I�rs�:con and Itw� eame is rdow Wry recordou :;;:h the -f:nowm Id ioc".;bnk?sr, and na ,5.,^.to 5 knc .O'eatad Raoc:d and PevaIN es Ind tp,to v't my tryrd ar+; a`•Ued a`e 3eai of sai" Gout on ii'•� kiQ.ctN o hetaon. Ktnhlen Hamas om,, t GWI` ar.,J Exp�'ci1&I�ol ' �t � V b ORDINANCE NO. 3880 • • - , . AN ORDINANCE VACATING - - AND ABANDONING A. PORTION OF A UTILITY EASEMENT ON LOT 17 OF STATE OF ARKANSAS BOARDWALK ADDITION, PHASE III, REQUESTED BY Ss. KIM EASTERLING County of Washington WHEREAS, the City Coun- Cil has the authority under / ,.., q A.C.A. 414-54-104 to vacate 1, �AJ `i� hereby cer- public grounds or portions thereof may not for the tify that I am the publisher of THE NO THWEST ARKANSAS TIMES, a daily timeime being be required for newspaper havin a second class mailing privilege, and being not less than four pages of corporate purposes andB B P B WHEREAS, the City Council five columns each, published at a fixed place of business and at a fixed (daily) intervals has determined that the fol- continuous) m the Cit of Fayetteville, County of Washington, Arkansas for more than lowing described utility Y Y Y tY B easements are not required a period of twelve months, circulated and distributed from an established place of business for corporate purposes. to subscribers and readers generally of all classes in the Ci and Count for a definite price NOW THEREFORE, BE IT B Y lY Y P ORDAINED BY THE CITY for each copy, or a fixed price per annum, which price was fixed at what is considered the COUNCIL OF THE CITY OF FAYETTEVILLE, value of the publication, based upon the news value and service value it contains, that at IL ARKANSAS: least fifty percent of the subscribers Hereto have paid cash for their subscriptions to the Section t That the city newspaper or its a encs or through recognized news dealers over a period of at least six of Fayetteville. ArkansasB B B hereby vacates and aban- months; and that the said newspaper publishes an average of more than forty percent news dons all of its rights matter. together with the rights of the public generally, in and to the following described, portion of a utility, I further certify that the legal notice hereto attached in the matter of easement: O n _ / L `^ ,., ^ O Sea Exhibit " A " attached. (C/.10 `0— . 'q (4X.1 hereto and made' a part hareoi. Section 2. That a copy of wasublished in the regular daily If said newspaper for this Ordinance duly certified P B Yssue onews PPC by the City Clerk shall be consecutive insertions as follows: tiled in the office Of the Re- corder of the County and r recorded in the Deed Re- The first insertion on the J dayof 19 cords of the County. PASSED AND APPROVED this 21st day of March, the second insertion on the day of 19 1995. APPROVED: By: Fred Hanna. Mayor the third insertion on the ATTEST: day of 19 By: Traci Paul. City Clark EXHIBIT -A- and the fourth insertion on the day of 19 A part of Lot Numbered Se- venteen ( 17), Boardwalk Ad. dition, Phase III, Fayette- ville, Arkansas, as per the final plat on file in the of- fice of the Circuit Clerk and �Ex-Officio Recorder of L C E IV ED Washington County, Arkan- sas. and being more parti- cularly described as tollows:i � �� (Beginning at a point 42.04 1995 feet West and 26.93 feet 1JJ South of the Northeast cor t- nar of said Lot Seventeen r741SrtC nCD�" -117), said point being on the 0E. WEst Boundary of a thirty- five (35) foot utility ease- ment: thence S 12'50'43 '. W along said easement boundary 56.84 feet to the South side of an existing 'wood deck: thence, S89'50'40- E 12.49 feet to tha' corner of said deck: thence NOO'09'20' E along Swom to and subscribed before me on this day of the East side ofesting 19 house 55.00 feet xi t xthe Point of beginning. AS i t Catherine Sall Notary Public Notary Public, State of Arkansas My Commission EWashington County 1 t jy Commission Expires 07/27/051 «ccccccc<cccccccccc`«ccccuc ....cr Fees for Printing G Cost of Proof $ Total $