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Home My WebLink AboutOrdinance 3941 FILED FOR RECORD 196 JON 1. 0 PIS 2 27 :7:tSHIi! GTON CO AR K . HMNESS ORDINANCE NO. 3941 AN ORDINANCE VACATING AND ABANDONING A SEWER EASEMENT FOR THE CLIFFS, PHASE I, LOCATED THE INTERSECTION OF CLIFFS BOULEVARD AND HIGHWAY 265, FOR LINES WHICH HAVE BEEN RELOCATED, AS REQUESTED BY TOM HOPPER FOR THE CLIFFS NO. 1 , A LIMITED PARTNERSHIP. 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 sewer 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 1 h day of December 1995 . APPROVED: By : Fred Hanna, Mayor ATTEST By: a �. , AQ Traci Paul, City Clerk w ,\IN11111fpNyh _ 96001870 �' LEGAL DESCRIPTION EXHIBIT 'A" The Cliffs, Phase I Petition to Vacate a Sewer Easement Description of Easement A part of the W 1/2 of the NE 1/4 and a Part of the NE 1/4 of the NE 1/4 all in Section 14, Township 16 North, Range 30 West, Washington County, Arkansas described as: From a found pile of stones marking the North 1 /4 comer of said Section 14; run along the North line of said Section 14 S87°12'38 "E 1372.29 feet to an iron pin on the westerly right-of-way line of Arkansas State Highway 265 ; thence coincident with said westerly right-of-way line the following courses: S04004123 "W 658.08 feet to an iron pin; thence S85°55 '37 "E 10.00 feet to an iron pin; thence S04004'23 "W 384.94 feet to the point of beginning; then SO4"04123"W 271 .30 feet to an iron pin; thence leaving said westerly right-of- way line N87°10'38 "W 30.44 feet to an iron pin on the East line of said W 1 /2 of the NE 1/4 of Section 14; thence along said East line S02°40'51 "W 1252.49 feet to an iron pin on the aforesaid westerly right-of-way line of Arkansas State Highway 265; thence coincident with said westerly right-of-way line S04004'23 "W 18 .78 feet to an iron pin at the PC of a curve; thence coincident with said westerly right-of-way line 42.98 feet along a 924.93 foot radius (centerline 6 degree) curve to the right to an iron pin on the South line of said W 1/2 of the NE 1/4 of Section 14; thence along said South line N87008'37 "W 803 .60 feet to an iron pin; thence NO2043 '42"E 800.00 feet to an iron pin; thence N87017'26"W 69.08 feet; thence N01048' 12"W 354.54 feet; thence N14°48'33 "W 12.55 feet; thence N66"47'28"E 44.59 feet; thence N41°57'40"E 280.75 feet; thence N85007' 10"E 307.99 feet; thence N64001 '57"E 300. 17 feet; thence S85°55 '37"E 156.48 feet to the Point of Beginning containing 28.08 acres more or less, subject to any and all Easements and/or Rights-of-Way of record. 96001871 STATE OF ARKANSAS s. s County of Washington I, �- hereby cer- tify that I a n the pu isher ofE NORTH*ST ARKANSAS TIMES, a daily newspaper having a second class Cling privilege, and being not less than four pages of ORDINANCE NO. 3941 five columns each, published at a fixed place of business and at a fixed (daily) intervals AN ORDINANCE VACATING , �*AND ' AN DONING A SEWERcontinuously in the City of Fayetteville, County of Washington, Arkansas for more than `EASEMENT FOR THE CLIFFS, a period of twelve months, circulated and distributed from an established place of business i`PHASE (,'LOCATED THE IN- , to subscribers and readers generally of all classes in the Ci and Count for a definite rice PHASE 1, IL E CLIFFS ' g Y City Y P .80ULEVARD AND HIGHWAY for each copy, or a fixed price per annum, which price was fixed at what is considered the 26 .BEEN FOR LINES WHICH HAVE value of the publication, based upon the news value and service value it contains, that at BEEN RELOCATED, AS HAVE P t" �iOUESTED BY TOM HOPPER 1 least fifty percent of the subscribers thereto have paid cash for their subscriptions to the 1-FOR,.THE CLIFFS NO. 1 . A, newspaper or its agents or through recognized news dealers over a period of at least six {`[LIMITED PARTNERSHIP. months; and that the said newspaper publishes an average of more than forty percent news BEgIT 'OBDAINED BY THEI matter. CITY COUNCIL OF THE ( CITY OF FAYETTEVILLE, � AFIIKANSAS: I further certif that the legal notice hereto �attached in the matter of rSection 1 . That the City I h/,UiY1nit?A11 "Fayetteville, Arkansas herebyy vacates and abandons all of I its'n ht together with the NE1/4 of SectionKll4; thenCer was published in the regular daily issue of said newspaper for rights of the public generally, . along said _East line in and to the following de- S02040'51 'W 1252x9 feet to consecutive insertions as follows: scribed sewer easement: an iron pin on the aforesaid westerly right-of-way line of See Exhibit 'A' attached here- Arkansas Slate Highway 265; ' The first insertion On the dayof 19 6 to and,made a part hereof. thence coincident with said le, westerly right-of-way line Section. 2. That a copy of SO4°04'23'W 18.76 feet to an the second insertion on the day of 19 ths Ordinance duly certified iron pin at the PC of a curve; by`ttbe City Clerk shall be filed thence coincident with said in the office of the Recorder westerly right-of-way line the third insertion on the day of 19 of the-County and recorded in 42.98 feet along a 924.93 foot thee, Deed Records of the radius (centerline 6 degree) , County. - curve to the right to an iron and the fourth insertion on the day of 19 pin on the South line of said PASSED AND AP- W1/2 of the NE114 of Section PROVED this 9th day of De- 14; thence'along said South cember, 1995. line N87008'37'W 803.60 feet 0 ' to an Iron pin; thence APPROVED: NO2°43'42'E 800.00 feet to an By::Fred Hanna, Mayor iron pin; thence N87017'26'W IA - � lSJO Publisher / Gene Manager 69.08 feet; thence vr. . J O (ATTEST: N01 °48' 12S.W 354.54 feet: 4 ,By:,Traci Paul, City Clerk thence N14048'33'W 12.55 , F�IVftiClrC DEPT . feet; thence N66047'281E FINANCE r LEGAL DESCRIPTION 44.59 feet; thence ' EXHIBIT 'A' N41057'400E 280.75 feet; thence N85007' 100E 307.99 The Cliffs, Phase I feet; thence N64001 '57'E Petition to Vacate a Sewer 300. 17 feet; thence Easement S85055'370E 156.48 feet to the Description of Easement Point of Beginning containing 26.08 acres more or less, sub-, A part of the W112 of the NE11 lett to any and all Easements ' 4 and a part of the NE1/4 of and/or Rights-of-Way of the NE1/4 all in Section 14, record, Township 16 North, Range 30 ,West, Washington County, Sworn to and subscribed before me on this dayof A- ansas described as: - r m a found pile of stones v11 ma�Tj1tc��Q0g the Norihl/4 Comer : 19 o 'rsa; Section 14: run along ph,North line of said Section 40,4"C, 1A S87°12'38'E 1372.29 feet to an iron pin on the westerlyrigotof-way line of Arkansas State Highway 265 thence co- incident with said westerly right-of-way line the following M Commission Expires: courses: S04004'23W 658.08 YCCCC«(f(<([«<(tt<[[CC<Cc(C<C«CCS( feet to an iron pin: thencer C S85055'370E 10.00 feet to an �7 5-0 � < Wilma McDowell iron pin; thence S04004'23'W I 384.94' feet to the point of be- ,rotary Public, State of Arkansas ,� ginning; thence S04004'23'W ( r Benton County r< 1271 .30 feet to an iron pin; 12 O tt r My Comrltission Expires 07/25/05 '( thence leaving said westerly Fees for Printing , right-of-way line N87910'38'W $ N\ll\\\lte[c\\\\\RC\\\\\\CRl\\\CC 30.44 feet to an iron pin on the; East line of said W1/2 of the Cost of Proof $ Total $ r OfAC. . . . 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