HomeMy WebLinkAboutOrdinance 3906 f�LfO
ORDINANCE NO. 3906 ,9S ✓ t 2 ppP�fOpRD
AN ORDINANCE VACATING AND ABANDONINGwA4tSHlNCTD 3 S8
UNCONSTRUCTED PORTION OF BROPHY AVENUg' H4 H CO
AR
OF WAY AS REQUESTED BY RALPH BROPHY, RNfss qR
SUBJECT TO THE RESERVATION OF AN UTILITY
EASEMENT.
WHEREAS, the City Council has the authority under A. C.A . § 14-54- 104 to vacate
portions of streets and alleys which are not required for corporate purposes and,
WHEREAS, City Council has determined that the following described street right-of-
way is a platted but unopened street which 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 Council hereby vacates and abandons, subject to the
reservation of a utility easement 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 a 20 foot sewer easement to run
10 feet centered over the existing sewer lines, to be used to construct, lay, remove, relay,
enlarge, and maintain public sewer lines.
Section 3 . A copy of this ordinance duly certified by the City Clerk shall be in the
office of the recorder of the county and recorded in the deed records of the county .
PASSED AND APPROVED this 18th day of July 1995 .
APPROVED:
By: / 4vi
red Hanna, Mayor
ATTEST:
B
$ 7� 3 y . Traci Paul, City Clerk 9503636£
`:. .CLF_ ` ,•/ '
""/4rn, nl i IP
EXHIBIT "A "
LEGAL DESCRIPTION
A part of the SE 'A of the SW 14 , and a part of the SW 14 of the SE 'A of Section
35, Township 17N, Range 30W, being more particularly described as follows:
Beginning at the NE Comer of said SE '/a , SW 'b , Section 35, Thence N
89 54955 " E 31 .29 feet; Thence S 00000'00" 89.48 feet to the Point of
Beginning; Thence S 19049917 " E 559.52 feet; Thence S 88017 '52 " W 63 .74
feet; Thence N 19044'00" W 550.93 feet; Thence N 00000'00" 48 .94 feet;
Thence N 89050'22 " E 60.00 feet to the Point of Beginning.
95036367
I, Kathleen Harness, Circult Clerk and
Ex-oMc*o Recorder for Washington
County, Arkeneea, do hereby oaNly that
this huAnrnent was (fad for record in my
office ea kro7catad harem and the same
Is now duly recordtd wim N9 acknow.
lodgement end certificate thereon In
Rctord Book and Page as Indicated
thereon.
IN WITNESS WHEREOF, I have here-
unto eat my hand and affixed the seal of
self Court on the date Indicated hereon
Kathleen Herne
,i . •. .. Circuli Clark and
6c<APclo Recd
by
STATE OF ARKANSAS
ss.
County of Washington
anda part of the SW 1/4, and a
Legal part of the SW 1/4 of the SE 1/4 I, hereby cer-
E 002 of Section 35, Township 17N,
Range 30W, being more fify that I am the publish of THE NORTHWEST ARKANSAS TIMES, a daily
I
- particularly descnbed W follows:) newspaper having a second class mailing privilege, and being not less than four pages of
r ORDINANCE NO,3906 Beginning at.the NE Corner oft five columns each, published at a fixed lace of business and at a fixed (daily)
1 31. AN ORDINANCE VACATING said SE 1/4, SW 1/4, Section 35, P P ( y) intervals
AN UNCONSTRUCTED , - Thence N 89° 54'55" E 31.29 feet; continuously in the City of Fayetteville, County of Washington, Arkansas for more than
S PORTION OFBROPHY Thence S00°00'00' 89.48 feet' a period of twelve months, circulated and distributed from an established place of business
t § AVENUE. RIGHT OF WAS AS to the Point of Beginning; Thence to subscribers and readers generally of all classes in the Ci and Count for a definite price
REQUESTED BY RALPH S19049'1 T E 559.52 feet; Thence' g Y IY Y P
�-- BROPHY, SUBJECT TO THE - S 88°1 T52' W 63.74 feet; Thence, for each copy, or a fixed price per annum, which price was fixed at what is considered the
RESERVATION OF AN UTILITY N 15044'00'W 550,93 feet Thence) value of theublication, based upon the news value and service value it contains, that at
EASEMENT. N OO°00'00'48.94 feet; Thence n' P !"
89°50'22' E 6000 feet to the Point least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
q'WHEREAS, the City Council of Beginning newspaper or its agents or through recognized news dealers over a period of at least six
has the authority under A.C.A. §,
[1454-104 to vacate portions of months; and that the said newspaperpublishes an average of more than forty percent news
streets and alleys which are not matter.
;required for corporate purposes
gond, -
I further c tify that the legal notice hereto attached in the matter of
*WHEREAS, City Council has
"'determined that the following
-'Pots ibe t unopened st -way iso '
;,pbaed but unopened street which
,isnot required for corporate was published in the regular daily issue of said newspaper for
,:purposes. .
NOW, THEREFORE, BE IT ' consecutive insertions as follows:
RORDAINED- BY THE CITYI
.:COUNCIL OF THE CITY OF The first insertion on the / day of 19 l�
FAVWrnMLLE. ARKAMSAA
w.
"'feeUon 1. That the City Oouncil the second insertion on the day of 19
'hereby vacates and abandons.
",subject to the reservation of a .
;utility .easement in and to the the third insertion on the day of 19
;following described property
located in Washington County '
tArkansas: ' . and the fourth insertion on the day of 19
See Extlftld'A' atarhed hereto and
`.made a part hereof. , uJ
-vacation 2. The Clly of Fay�le f`
hereby reserves a 20 foot sewer �—
cvertleMrotingseran 10 eetcentered AU l � G 1� ^ 5 Publishe aM na er
abase rtes existing sewer lines, to g
be used to construct, lay. remove,
'relay, enlarge, and maintain.
t rOncE DEPT,
Section S. a -copy of this
;ordinance duly certified bythe
biry.Clerk shall be in the office of
"(he recorder of thecounty and
recorded in the deed records of
the county.
PASSED AND APPROVED
i this 18th[day of July, 1995
°s P
MAPPROVED. ,.
By: Fred Hanna, Mayor l
Swom to and subscribed before me on this day of
i ATTEST: \ lel
By: Traci Paul, City Clerk
r19
EKNIBIT •A' ^f r
LEGAL DESCRIPTION
a
A part of the SE 1/4 of the SW 1/4, l Notary Public
My Commission Expires:
7
Fees for Printing —$
Cost of Proof $
2
Total $ 6 5 to