HomeMy WebLinkAboutOrdinance 3949 FILED FOR RECORD
196 FEB 23 Prl 2 10
ORDINANCE NO. 3949 WASHINGTON CO AR
AN ORDINANCE VACATING AND ABANDONING THATRNESS
PORTION OF JERRY AVENUE WHICH LIES SOUTH OF
HELEN STREET LOCATED SOUTH OF HUNTSVILLE
ROAD, EAST OF HAPPY HOLLOW ROAD AS REQUESTED
BY GREG FOSTER ON BEHALF OF JERRY AND
ELIZABETH WATSON .
WHEREAS, the City Council has the authority under A. C.A. § 14-54- 104 to vacate
portions of streets which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of
the street right-of-way of Jerry Avenue 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 of Fayetteville, Arkansas hereby vacates and abandons all
of its rights together with the rights of the public generally, 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 an easement on, over, across and
under the above described street right-of-way to construct, lay, remove, relay, enlarge, and
maintain public utility lines.
Section 3 . Said utility easement shall be for the benefit of the electric power
companies, telephone companies, gas companies, cable companies and the City of Fayetteville,
Arkansas.
Section 4. 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 24t day of February 1996.
APPROV
By: ;�.._
F e,Hanna,, Mayor
ATTEST:
By ' AIIAA
Traci Paul, City Clerk Y _� 9 � G G " �
EXHIBIT "A'
Description of Utility Easement to be Retained:
Beginning at the NE Comer of Lot 10, Block 4, of the Watson Addition to the
City of Fayetteville for a Point of Beginning; thence East 40.44' , thence S
8029136" E 151 .67' , thence West 20.00' , thence N 8 `29"36" W 146.67' , thence
West 20.44' , thence N8029'36" W 5 .00' to the POB, containing 3101 .23 Sq.
Ft.
96010638
1, Kgthben Harness Circuit clerk tol
Ex-oNicio RJcordsr for byaE r%)
Arc:ncaa, e� hzrOby cer: ylat
County,
rnt cr" -5 (or r_rord In my
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raa dti�' r '�,.;�c_tn rtiicrcrona In
F�r:rc.lt tc ea indicated
Recd+ 6JJ:c rsd
thctOJn. rail{-;�RECr, lhave he...
lR YdITiiES., , r;xed tho seal at
unto >t my hand end in
geld court on the daio indicated hereon•
Kathleen Hamess
circuit�cierk and
EX-o ti o Recordar
—ORDINANCE NO 5949
AN ORDINANCE VACATING STATE OF ARKANSAS
' AND ABANDONING THAT 'ACounty ss.
PORTION OF JERRY VENUE I J Couoof Washing
WHICH LIES SOUTH AV NEL- /
EN STREET LOCATED SOUTH
OF HUNTSVILLE ROAD, EAST I
OF HAPPY HOLLOWhereby cer-
t
REQUESTED BY GREG Addition to the City of Fayet-, fify that I am the publi er of THE NORTH EST ARKANSAS TIMES, a daily
FOSTER ON BEHALFOF JER- teville for a Point of Begin- newspaper having a second class mailing privilege, and being not less than four pages of
RY AND ELIZABETH wAT- ting: thence East 40.6.4' ,. five columns each, published at a fixed lace of business and at a fixed (daily)SON. thence S 8°ce E E 1 40.4'4 ',' p p ( y) intervals
thence West 20.00', thence N'. continuously in the City of Fayetteville, County of Washington, Arkansas for more than
WHEREAS, the City Council 80 29-36-20. W thence , thence a riod of twelvemonths, circulated and distributed froman established placeof business
has the authority under A.C.A. West 20.44', thence '. the gel Pe
§14-54-1°4 to vacate portions W 5.00 to the POB, containing , to subscribers and readers generally of all classes in the City and County for a definite price
of streets which are not re- 3101.23 Sq. Ft. for each copy, or a fixed price per annum, which price was fixed at what is considered the
quired for corporate purposes: Po
and value of the publication, based upon the news value and service value it contains, that at
-- least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
WHEREAS, the Cary Council newspaper or its agents or through recognized news dealers over a nod of at least six
has determined that the fol- P� B B g lR
lowing described portion of months; and that the said newspaper publishes an average of more than forty percent news
the street right-of-way of Jerry matte[
Avenue is a platted but uno-
pened street which is not re-
quired for corporate purposes . I further certify at the legal notice hereto attache in the matter of
NOW, THEREFORE, BE IT .
ORDAINED ET THE CITY
COUNCIL OFTHE CITY '
OF FAVETTEVILLE, I was published in the regular daily issue of said newspaperfor
ARKANSAS: P 8 Y
Section 1 . That the City of consecutive insertions as follows: //11
Fayetteville, Arkansas hereby
vacates and abandons all of ✓✓!!//
its rights together with the The first insertion on the dayof l9
rights of the public generally„
subject to the reservation of a
utility easement in and to the the second insertion on the day of 19
following described property
located in Washington Coun- the third insertion on the
ty. Arkansas: day of 19
See Exhibit 'A' attached here- and the fourth insertion on the to antl made a part hereof. day of 19
Section 2. The City of Fayette-
ville hereby reserves an ease-
ment on. over, across and un- n E G '� L u
der the above described street
right-of-way to construct, lay, MAW
remove, relay. enlarge, and ublisher / Generarager
maintain public utility lines. IIIriR 0 1 1996
.;action 3. Said utility ease-
ment shall be for the benefit FINANCE DEPT.
of the electric power compa-
nies, telephone. companies,
gas companies, cable compa-
nies and the City of Fayette-
ville, Arkansas.
tZ 4. A copy of this Ordi-
nance duty certified by the
City Clerk shall be filed in the
Office of the Recorder of the
County and recorded in the �//01/�" �—
Deed Records of the County. Swom to and ubscribed before me this day of
PASSED AND AP.
PROVED this 20th day of Fe- 19
bru
, Han /
APPROVED:
By: Fr
By: Hanna, Mayor
ATTEST: Notary Public
By: Traci Paul, City Clerk
EXH1131T •A' My Commission Expires: }r ///1/�7 ()C)eclaccecauaacccccecccacccecc5t
I n « ' tin f Utility as - -/ p?5'� Jr C
ment to he Retained' }< W1IILd NCDO W0]l
Beginning at,the NE Corner of t�
Lot 10, Bin the NE
the Watson °ta'�' Public, State of Arkansas ;(
_ IO� g0 {t Denton County <C<
t My Commission Expires 07/y 'I
s/OS
Fees for Piloting $ tl4ClUlKt\klCtlttltq\ttt/ 5/05
Cost of Proof $ 4��
Total $