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Home My WebLink AboutOrdinance 3954 FI ED FOR RECOR 9617fl 5 P 2 29 "✓ASHIN N CO AR ORDINANCE NO. -i95d ARN AN ORDINANCE VACATING AND ABANDONING 4 -1 TtHT-Y• EASEMENTS ON PROPERTY IN NORTHWEST VILLAGE LOCATED EAST OF NORTH COLLEGE AND SOUTH OF ZION CONTAINING 12.22 ACRES AS REQUESTED BY SECOND CENTURY INVESTMENT. WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public grounds which are not for the time being required for corporate purposes; and, WHEREAS, the City Council has determined that the following described utility easement is not for the time being 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, in and to the following described property located in Washington County, Arkansas: See Exhibit "A" attached hereto and made a part hereof. Section 2. 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. FGYtir ; ti ;� PASSED AND APPROVED this 19TH day of MARCH , 1996. ca CT) T APPROVE x - o O By : m �CI p ► 1 t_ _ ' red Hanna, Mayor no ,\, o D � tT Cn ATTEST: B. Traci Paul, City Clerk 960639 TRACTS A. 8, C, AND D AS TAKEN FROM THE SURVEYS BY ALAN REID AND ASSOCIATES DATED NOVEMBER 1 , 1991 AND JULY 14, 1991 . FINAL PLAT BY DEVELOPMENT CONSULTANTS. CM OF FAYETTEVILLE, ARKANSAS To: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the utility easements hereinafter sought to be abandoned and vacated, lying in Tracts A, B, C, and D as taken from the Surveys by Alan Reid and Associates dated November 1, 1991 and July 14, 1991 . Final Plat by Development Consultants. Part of the Southeast 1/4 of the Southeast 1/4 of Section 23, T-17-N, R-30-W, more particularly described as follows: Commencing at the Northwest comer of the Southeast 1/4 of the Southeast 1/4 of said section 23; thence East 111.18 feet to the POINT OF BEGINNING; thence East 657.32 feet; thence south 551.50 feet; thence West 73.40 feet; thence South 328.12 feet; thence West 607. 19 feet to a point on the East right-of-way of U.S. Highway No. 471; thence along said right-of-way line to the following six (6) bearings and distances: 1) North 04° 41' 41" East 198.59 feet, 2) North 00° 01' 13" East 130.20 feet; 3) North 24.50 feet; 4) North 00° 02' 00" East 45.85 feet; 5) North 021 34' 00" East 199.32 feet; 6) North 00° 28' 04" West 242 feet to the POINT OF BEGINNING, containing 12.224 acres, more or less. That the abutting real estate affected by said abandonment of said utility easements in Tracts A, B, C, and D as taken from the Surveys by Alan Reid and Associates dated November 1, 1991 and July 14, 1991 Final Plat by Development Consultants. . (Marked as Exhibit A) and described as: 1. Ten (10') foot Utility Easement to the City of Fayetteville along the West Line of Tract C. Book 556, page 340 and 341. 2. Ten (1(Y) foot Utility Easement to the City of Fayetteville along the West Line of Tract A. Book 556, page 339. 3. Twenty (20') foot Utility Easement to Southwestern. Bell Telephone along the West Line of Tract A. Book 1000, page 70. 4. Twenty (2( ') foot Sewer Easement along the East Line of Tract B. Book 943, page 258. 9606J230 5. Ten (1( ') foot Utility Easement to Ozarks Electric along the North Line of Tract C. Book 823, page 645. 6. Ten (1(Y) foot Utility Easement to Ozarks electric along the East Line of Tract A. Book 823, page 645. 7. Ten (1(Y) foot Right of Way Grant along the East Line, South East Comer of Tract A. Book 823, page 983. 8. Twenty-Five and One Half (255) foot Road and Gas Easement. Road Easement Book 509, page 585. Gas Easement Book 534 page 409. 9. Ten (10') foot Utility Easement to Ozarks Electric along the East Line of Tract C. Book 823, page 645. Petitioners state that the above described real estate has not been used by the public for a period of many years, and that the public interest and welfare would not be adversely affected buy the abandonment of the above described utility easements. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, and that the Arkansas, a municipal corporation, petition to vacate existing utility easements which are described as follows, to wit: 1 . above described real estate be used for their respective benefit and purpose and now approved by law. The petitidners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said easements. � 7 Dated this �� day of 1995. J 964633231 1 Kalhleon 1',arne<r �cr°,t;l C1erk and WashingtO^ Reeoru- e;e,Cy cerCrN that iclo M County, Pnsyne,. � ;y, rcr. the $erne Instn 30 A`riv. " r,r knoW inu,.... . . theIn r:I°raon'iin \s ro:: d.:.y .. , dicated hate.1 h therc°n.t , S` vy`�` ed !Ya seal o ia9vt . .. ereon. :e! n,y ;is ,d nmG ,n.iiC2r.d un•c ino said CpUr ' fia \.en Fl • 1 ; LrO} do oy Exhibit "A " Part o e Southeast 1 /4 of the Southeast 1/4 0 3 , T- 17-N, R-30-W, more panic described as follows: Commencing at the No st corner of a Southeast 1 /4 of the Southeast 1 /4 of said section 23 ; thence Eas LA1' feet to the POINT OF BEGINNING, thence East 657 . 32 feet; then sou 51 .50 feet; thence West 73 .40 feet; thence South 328 . 12 feet; thence West 607. eet to a point on the East right- of-way of U.S. Highway No. 471 ; thence along right-of-way line to the following six (6) b gs and distances: I) North 04` 4 " East 198 .59 feet; 2) North 00'0 ' " East 130.20 feet; 3) North 24.50 feet; 4) 0002'00" East 45 . 85 t; 5) North 02 " 34'00" East 199.32 feet; 6) North " 28'04" West 2g feet to the POINT OF BEGINNING, containing 12.224 acres, e or l S. / Ne, ty 1, zg41 9601/659 n. of: [ra:e - -. In nsra- - - aiof cYr ..G .7. .. _ . . .. �. ] j,preoll. cnd :r:corder STATE OF ARKANSAS l JS ss. County of Washington , ,, ///J 1, W/1 LLC�C. hereby cer- ORDINANCE NO. 0954 See Exhibit 'A' attached here. lily that I am the public r of THE NORTHWEST ARKANSAS TIMES, a daily to and made a part hereof. AN ORDINANCE VACATING - newspaper having a second class mailing privilege, and being not less than four pages of AND ABANDONING A UTI LI- Section 2 A copy of this Or- five columns each, published at a fixed place of business and at a fixed (daily) Intervals IN NORTHWEST V PROPERTY durance duly certified by the continuously in the City of Fayetteville, County of Washington, Arkansas for more than IN NORTHWEST VILLAGE LO- City Clerk shall be certified in the ,OAND EAST OF NORTH office of the Recorder of the ' aperiodoftwelve months, circulated anddistributedfromanestablished place ofbusiness COLLEGE AND SOUTH OF County and recorded in the to subscribers and readers generallyofallclassesinthe City and County for a definite price ii CONTAINING •12.22 Deed Records of the County. ACRES AS REQUESTED BY for each copy, or a fixed price per annum, which price was fixed at what is considered the SECOND CENTURY INVEST. PASSED AND AP• value of the publication, based upon the news value and service value it contains, that at MENT. PROVED this 19Th day of least fifty percent of the subscribers thereto have aid cash for their subscriptions to the March, 1996. y Pe P P WHEREAS, the City Council newspaper or its agents or through recognized news dealers over a period of at least six has the authority under A.C.A. Approved: months; and that the said newspaper publishes average of more than hfor percent news § 14.54. 104 to vacate public By Fred Hanna, Mayor P es an avers g ly grounds which are not for the matter, time being required for corpo-, Attest: rate purposes: and, By Traci Paul, City Clerk I fur[ et, certify that the legal notice hereto al d in the matter of WHEREAS, the City Council Exhibit PAN 1 has determined that the fol. lowing described utility ease- Part of the Southeast 1 /4 of meal is not for the lime being the Southeast 1/4 Of Section required for corporate purpos- 23, T-17-N, R-31 more par- was published in the regular daily issue of said newspaper for es. ticularry described.as follows. 1 consecutive insertions as follows NOW, THEREFORE, BE IT Commencing at the Northwest ^ ORDAINED BY THE CITY corner of the Southeast 1/4 of COUNCIL OF THE CITY the Southeast 1/4. 01 said sec- The first insertion on the T.1 day ofl9� OF FAYETTEVILLE, tion 23; thence East 111 . 18 ARKANSAS: feet to the POINT OF BEGIN- NING , thence East 657.32 the second insertion on the day of 19 Sect on 4 . That the City of feet; thence south 551 .50 feel; Fayetteville. Arkansas hereby thence West 73.40 leer, vacates and abandons all of is thence South 328. 12 feel: the third insertion On the day of 19 rights of the public generally, thence West 607. 19 feet to a in and to the following de. point on the East right-of-way scribed property located in of U .S. Highway No. 471 ; and the fourth insertion on the day of 19 Washington County, Arkan- thence along said right-of way sas: • line to the following six (6) 1 bearings and distances: 1 ), North 04'41 '41 ' East 198.59, % feet; 2) North 00'01 ' 13' East, 130.20 feet; 31 North 24 .51 Public et, / Ge ral Manager feet 4) North 001M'00' Eash 45.85 feel: 5) North 02'34'00" East 199.32 feet; 6) North; 00'28'04' West 242 feet to Ilia POINT OF BEGINNING; coi taming 12.224 acres, more or, less Swo to and subscribed fore me on this </`- / day of LA 1� Notary Public My Commission Expires: 5 r Fees for Printing $ �• �J Cost of Proof $ Total $ r