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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