HomeMy WebLinkAboutOrdinance 3907 F�CfO FO R R6Cp ORDINANCE NO_ 3907 '95 jut 20 p RD WASNINoTAN 3 $g DINANCE VACATING AND S RPORTION RTION OF WEST VIEW STREET ANDONING AN K' UNCONHARly SON SO AR RIGHT OF WAY AS REQUESTED BY RALPH BROPHY, 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 1994. APPROVED: By : F ed Hanna, Mayor ATTEST: OfEVol By. Traci Paul, City Clerk p� TT ' ',. a 5036368 EXHIBIT W LEGAL DESCRIPTION A part of the SE 'A of the SW 'A , and a part of the SW 'A of the SE 'A of Section 35, Township 17N, Range 30W being more particularly described as follows: Be;inning at the NE Corner of said SE 'k , SW ',b , Section 35, Thence S 89 47'38" W 11 .21 feet; Thence S 01 `02'05 " W 10. 10 feet to the Point of Beginning; Thence N 89050'22 " E 531 .3 feet; Thence S 00001 '35 " E 40.0 feet; Thence S 89050'22" W 530.60 feet; Thence N 01 002905 " W 40.0 feet to the Point of Beginning. 95036369 I. Kathleen Hemeas, Circuit Clerk ant' 6x.ofBdo Recorder for Washingtcc County. Arkansas, do hereby certify IN. . INS instrument was flied for record In mi otitco as indicated hereon and the same N rrow duty recorded with the acknow- ledgement and certificate thereon in Record gook and Page as indicated thoreon. IN WITNESS WHEREOF, I have here- unto set my hand and affixed the seat 01 said Court on the date indicated hereon Kathleen Harness Ciicult Clerk and Ex officio Recorder Dy ORDANANCE NO. 3907 AN ORDINANCE VACATING STATE OF ARKANSAS 1 as. ANDABANDONINGAN J4 UNCONSTURCTED PORTION ' OF WEST VIEW STREET RIGTH. County of Washington OF WAY AS REQUESTED BY RALPH BROPHY, SUBJECT TO' G1Cyo� �. SI''I lZ�� THE RESERVATION OF AN I, hereby ter- ' UTILITY EASEMENT tify that I am the publisher of TH NORTHWEST ARKANSAS TIMES, a daily WHEREAS, the City Council has the authority under A.C.A newspaper er havin a second class mailing privilege, and being not less than four pages of 14-54-104 to vacate portions of five columns each, published at a fixed place of business and at a fixed (daily) intervals sweets and corps which are not continuous) 1n the Cit of Fayetteville, County of Washington, Arkansas for more than required for corporate purposes Y Y Y tY g and, aperiod of twelve months, circulated and distributed from an established place of business WHEREAS, City Council has to subscribers and readers generally of all classes in the City and County for a definite price determined that the following decribed street right-of-way is a for each copy, or a fixed price per annum, which price was fixed at what is considered the .platted but unopened street which value of the publication, based upon the news value and service value it contains, that at is not required for corporate least fifty percent of the subscribers thereto have aid cash for their subscriptions to the purposes. Y Pe P p NOW THEREFORE, BE IT newspaper or its agents or through recognized news dealers over a period of at least six I ORDAINED BY THE CITY months; and that the said news a r ublishes an avers eofmore than forty COUNCIL OF THE CITY P Pe P g rty pereentnews OF FAETTEVILLE, matter. ARKANSAS: Scallion 1. That the City Council hereby vacates and abandons,i I further certify that the legal notice hereto attached in the matter of subject to the reservation of a I utility easement in and to the \ l� ✓� '�C/; f7 following described property , 11t"LJ -IlJ `A located in Washington County Arkansas: was published in the regular daily issue of said newspaper for I See Exhibil'A' anached hereN and made a pan hereof, consecutive insertions as follows: Section 2 The City of Fayetteville - hereby reserves a 20 foot sewer easement to run 10 feet centered The first insertion on the as dayof 19� over the existing sewer lines, to be used to construct, lay, remove, relay, enlarge, and maintain public the second insertion on the day of 19 sewer lines. Section 0. A copy of this ordtrrerlce duty certified by the City the third insertion on the day of 19 Clerk shall be in the office of the recorder of the county and ' recorded in the deed records of and the fourth insertion on the day of 19 the county. I PASSES AND APPROVEDIhis / 18t day of July, 1994. {{�� q4^-v�. �lY APPROVED: � 6. vJ � � 11 1� W By Fred Hanna Fred Hanna, Mayor By:ATTT eci Paul I ��U G I 1995 Publisher / General Manager Traci Pual, City Clerk LEGAELDESCRIPTION FINANCE DEPT.. A pan of the SE 1/4 to the SW I 1/4, and a part of the SW 1/4 of the SE 1/4 of Section 35, Township 17N, Range SOW ! being more particularly described as follows: Beginning at the NE Corner of said SE 1/4, SW 1/4, Section 35, Thence S 89 degree 47'38' W 11 .21 feet; Thence S 01 f degree02'05' W 10.10feetto l -(,.,1. the Point of Beginning: Thence . Sworn to and subscribed before me on this �w N 89 degree 50'22' W 530.60 day of feet: Thence N 01 degree n �" 02'05' W 40.0 feet to the Point 19 t �' of Beginning. C !t««ttrt�t�tt"t«ttttt«�r�tlt�tt Notary Public Catherine S My Commission E gfg pttblic, St2[eofAttrgpggg t Washington County ; «cc«ccccc«cccccccccccccccccccccl Fees for Printing .$ Cost of Proof $ Total $ - CSS