HomeMy WebLinkAboutOrdinance 3973 ORDINANCE NO. 397 '1
AN ORDINANCE VACATING AND ABANDONING UTILITY
EASEMENTS LOCATED UNDER THE FOOTPRINT OF THE
EXISTING BUILDINGS AND THE NEW BUILDINGS OF THE co
NORTHWEST ARKANSAS MALL AS SUBMITTED BY n m
NORTHWEST ENGINEERS. i z rn
v
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacatepAlic cn o
grounds or portions thereof which are not required for corporate purposes; and m z
v 3 rn
WHEREAS, the City Council has determined that the following describePuityN
easement is not required for corporate purposes. 0 0
0
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.
PASSED AND APPROVED this 21st day of May 1996.
APPROVED:
By: �.
red Hanna, Mayor
ATTEST:
By :
Traci Paul, City Clerk
i ;. YEIr4`,
960341992
EXHIBIT "A"
All existing easements lying within a tract of land in the E'k of the SW 'A and in
the W 'k of the SE 'k of Section 23, Township 17 North, Range 30 West in
Washington County, Arkansas, lying under and being defined by the footprint of
the Northwest Arkansas Mall building, said tract being more fully described as
follows: Commencing at the Southwest comer of the NE 'A of the SW 'A of said
Section 23; thence S 00` 39'07 "E along the West line thereof, 368.62 feet; thence
East, 1682.92 feet to a corner of said building, the Point of Beginning; thence
following the face of the exterior wall of said building, the following courses:
N09 "5712 "W, 21 .39 feet; thence S80001950"W1 34. 140 feet; thence
N09058110"W, 40.92 feet; thence N 80"05 '05 "W, 33 .72 feet; thence
N09056'57 "W, 22.09 feet; thence S80003'03 "W, 86.43 feet; thence
N09' 57 '22"W, 81 .90 feet; thence N80001 ' 16"E, 14.00 feet; thence
N09057515 "W, 143 .66 feet; thence N09057' 15 "W, 205 . 14 feet; thence
N80003 '05 "E, 30. 82 feet; thence N09056'27"W, 8. 19 feet; thence N80004'07"E,
12 . 15 feet; thence N09 "57'03 "W, 138.99 feet; thence 580002'50"W, 119.32 feet;
thence S09057'07"E, 10. 10 feet; thence S80002'57 "W, 26.32 feet; thence
S09057106"E, 11 . 34 feet; thence S80"01 '52 "W, 35 .75 feet; thence
N10*02'24"W, 3 .27 feet; thence S80002144"W, 105 .23 feet; thence
S09 " 55 '44"E, 16. 30 feet; thence S80002147 "W, 61 . 33 feet; thence
N09055 '37"W, 16. 11 feet; thence S80003 '03 "W, 81 .68 feet; thence
S09 '57914"E, 18.00 feet; thence S80002146"W, 168 .00 feet; thence
S09" 57 ' 14"E, 38 .00 feet; thence S80002546"W, 196.00 feet; thence
N09 "57' 14"E, 408.00 feet; thence N80002'46"E, 196.00 feet; thence
S09057914"E, 100.00 feet; thence N80002'46"E, 168.00 feet; thence
1409057 ' 1411W, 72 .00 feet; thence N80002946"E, 224.97 feet; thence
S09057'06"E, 35 .79 feet; thence N80 "03' 13 "E, 57. 15 feet; thence S09056'49"E,
37 . 83 feet; thence N80002'35 "E, 27.64 feet; thence N09057'26"W, 19.65 feet;
thence S79059'45 "W, 7.94 feet; thence N09057' 13 "W, 30.65 feet; thence
N80004'01 "E, 7 . 81 feet; thence N09057' 15 "W, 149.96 feet; thence
N80 "02'31 "E, 119.99 feet; thence N09 "56'20"W, 27.77 feet; thence
N80002135 "E, 40.55 feet; thence N09056'53 "W, 28. 27 feet; thence
S80002132"W5 113 .24 feet; thence N09057' 15 "W, 68. 11 feet; thence
S80003' 15 "W, 7 .27 feet; thence N09056158"W, 23 .55 feet; thence N80001 '42 "E,
7 .32 feet; thence N09057' 19"W, 69.73 feet; thence N80002'46"E, 367 .02 feet;
thence S09057' 18 "E, 163 .68 feet; thence S80003 '27"W, 17 .79 feet; thence
S09056933 "E, 25 .92 feet; thence N80002'38 "E, 48. 13 feet; thence S09 "57' 17 "E,
130. 19 feet; thence N80002'52"E, 36.00 feet; thence N35 "02'52 "E, 22 . 87 feet;
thence S54057'08 "E, 58 .00 feet; thence S09057'08"E, 15 . 16 feet; thence
N80002152 "E, 145. 31 feet; thence S09057 '08 "E, 266. 17 feet; thence
S80"02152"W, 238 .98 feet; thence S09057'29"E, 25 .54 feet; thence
N80004'38 "E, 8 . 39 feet; thence S09"41 '46"E, 101 .64 feet; thence S80005 '40"W,
7 .63 feet; thence S09056'58"E, 59.56 feet; thence S79059' 13"W, 48.40 feet;
thence S09 `57 '09"E, 45 .63 feet; thence N80002' 19"E, 16.21 feet; thence
S09057'25 "E, 79.79 feet; thence S80002'09"W, 9.65 feet; thence S09 "57'21 "E,
96034993
Page 2
Exhibit "A"
106.27 feet; thence N80004'34"E, 9.51 feet; thence S09057' 14"E, 157.42 feet;
thence S80002'48"W, 94.24 feet; thence S09" 57' 15 "E, 89.68 feet; thence
S80003902"W9 53 .31 feet; thence N09057921 "W9 123 .22 feet; thence
S80002946"W, 114.79 feet to the POINT OF BEGINNING. Containing 735,291
square feet or 16. 88 acres, more or less, and excluding the Blanket ROW to
Arkansas Western Gas, Book 367, page 395 .
And also including a part of an easement lying within a tract of land in the Erb
of the SW IA of Section 23 , Township 17 North, Range 30 West in Washington
County, Arkansas, said part of the easement to be vacated being more fully
described as follows: Commencing at the Southwest corner of the NEIA of the
SW IA of said Section 23 ; thence N88049'54"E, along the South line thereof,
2, 123 .40 feet; thence N01010'06"W, 215 .20 feet to the Point of Beginning;
thence N09057'08"W, 25 .00 feet; thence N79002' 18"E, 90.65 feet; thence
N09056'58"W, 196.75 feet; thence N80003 '02"E, 25 .00 feet; thence
S09056'58 "E, 196.50 feet; thence S80006'25 "E, 31 .49 feet; thence S76005'39"E,
77.44 feet; thence S00046'37 "E, 26. 19 feet; thence N76005 '39"W, 76.32 feet;
thence N86035 '26"W, 50.98 feet; thence S79 "02' 18 "W, 92.52 feet to the Point
of Beginning. Containing 10,634 square feet, more or less.
96034994
I, Kalhican Harness, Circuit Gerk and
Ex-officio Recorder for Washington
Cour*/, Arkansas, do hereby oerttly that
this ktswAnvent was filed for record in my
office as Indicated hereon and the same
is now duly rec ed with the aoknow-
lediMment and certtficzte thereon in
Record Book and Pago as Indicated
thereon.
IN WITNESS V%rriEREOF, I havo here-
unto set my hand and affixed the seal of
said Court on the date Indicated herOM
Kathleen Harness
Circuit Clerk and
Ex-offlclo Becordor& . .
Jt•. 4� : i : ' r . . h by
• ORDINA'IICE NO. 3973. . .
AN'ORDINANOE VACATING thence Se0002' 0 ,
AND ABANDONING UTILITY leer; thence S09*5
9°
16.30
EASEMENTS LOCATED UN- S80 02'47'Wetthence
EASEMENTS fees
tU
DER THE FOOTPRINT OF THE thence N09055137'W, 16. 11 R e v
EXISTING BUILDINGS AND feet; thence S80003'03'W,
THE NEW NORTHWESTNGS OF THE ARKANSAS 81 .68 feet; thence JUN 1 1 1996
MALL AS SUBMITTED BY thence E.
, '18.00 feet;
8 00
NORTHWEST ENGINEERS. feet;
hence 'd9Qf ' l4.E, STATE OF ARKANSAS p r1�
WHEREAS, the City Council feet; Uen fe t; *t hence FINANCE DEFT.
has the authority under S800038.00 feet; thence ge,
A.C.A.§ 14-54-104 to vacate thence N0905460W, 196.00 feet; Count of Washington
public grounds or portions feet: t hence ' 14'E, '46'E, Y B
thereof which are not required feet; Thence N80°0 thence,
196.00 feet: thence /1
W corporate purposes: and S09°57' 14'E, 100.00 feet; I, ( hereby cer-
wHEREAS, theed that Council thence N8o°02'46'E, t68.00 fi that I am the publisher of TH NORTHWEST ARKANSAS TIMES, a daily
tier determined that the fol- fY P Y
lowing described utility ease- feel; thence t; t 1 nee newspaper havin a second class mailing privilege, and being not less than four pages of
W.
meet is not required for carpo- 72.00 Leet: thenceg B P B B i B
rate purposes. � Ne0002'46'E , 224 .97 feet; five columns each, published at a feed place of business and at a fixed (daily) intervals
NOW, THEREFORE; BE IT thence S09057'06'E, 35.'E,79 continuously in the City of Fayetteville, County of Washington, Arkansas for more than
ORDAINED BY THECITYfeet; thence N80°03' 13
COUNCIL OF THE CITY 57. 15 feet; thence a period of twelve months, circulated and distributed from an established placeof business
OF FAYETTEVILLE, S09956'490E, 37.83 feet; to subscribers and readers generallyof all classes in the City and Countyfor adefiniteprice
ARKANSAS: thence N80002'35'E, 27.64
feet: thence N09057'26'W, foreach copy, or a fixed price per annum, which price was fixed at what is considered the
Section 1 . That the City y 19.65 feet: thence value of the publication, based upon the news value and service value it Contains, that at
Fayetteville: Arkansas hereby P Po
vacates and abandons all of S79°59'45'w. 7.94 feet; least fifty percent of the subscribers thereto have aid cash for their subscriptions to the
its rights together with the thence N09°57-'"f3'W, 30.65 Y Pe P P
rights of the public generally, feet; thence N80°04'01'8.-7-81 - newspaper or its agents or through recognized news dealers over a period of at least six
in and 10 the following de- feet; thence N09°57' 15-W, months; and that the said news t ublishes average than fort percent news
scribed property located in 149.96 feet; thence
P P an avera B forty
Washington County, Arman- N80°02'310E. 119.99 feet; matter.
sas; thence N09°56'20'W, 27.77
See Exhibit 'Am attached here- feel; thence N80002'35'E,
to and made a part hereof. 40.55 feet; thence I further certify that the legal notice hereto attached in the matter of
Section 2 A copy of this Or. N09056'53'W. 28.27 feet;
dinance duly certified by the thence 560002'32-W, 113.24 nr✓/Ml�M �O,
City Clerk shall be filed in the feet; thence N09°57' 15'W,
` office of the Recorder of the 68. 11 feet; thence /
County and recorded in the S80°03' 15'W, 7. 27 feet: was published in the regular daily issue of said newspaper for
Deed Records of the County. thence N09056'58:W, 23.55
'PASSED AND AP. feet; thence N8001'42-E, 7.32 consecutive insertions as follows:
PROVED this 21st day of feet; thence N09657' 19'W,
May. 1996. 69.73 feet; thence
APPROVED: N80°02'46'E, 367 .02 feet; The first insertion on the /ne dayof 19_94P
By: Fred Hanna thence $09°57' 18'E, 163.68
Mayor feel; thence S60003'27-W,
ATTEST: 17.79 feel: thence the second insertion on the day of 19
By: Traci Paul S09°56'330E, 25.92 lest:
City Clerk thence N80002'38', 48.13 feet;
EXHIBIT °A° thence S09057' 1 70E, 130. 19 the third insertion on the day of 19
All existing easements lying feet; thence N80002'52'E,
within a tract of land in the E1/ 36.00 feel; thence
2 of the SW1/4 and in the W7/ N35002'520E, 22.87 feel; and the fourth insertion on the day of 19
2 of the SE1/4 of Section 23, thence S54057'08'E, 58.00
Township 17. North, Range 30 feet; thence S09°57'08', 15.16
1 West in Washington County, feet; thence. N80002'52',
' Arkansas. lying under and be- 145.31 feet; thence
ing defined by the footprint of S09057'080E, 266. 17 feet;
the Northwest Arkansas Mall thence S80002'52'W, 239.98 '
building. said tract being feet; thence S09°57.29-E, ', Publish General Manager
more fully described as fol- ' 25.54 feet: thence
lows: Commencing at the N80004'380E, 8.39 feet; thence
Southwest corner of the NE1/4 S09°41146-E. , 101 .64 feet;
of the SWI/4 of said Section , thence S80°05.40-W. 7.63
23; thence S00039'070E along ; feet; thence S09°56hence
the West line thereof, 368.621 5,9;56 feet;
feet: thence East 1682.92 feet S79°59' 13-W, 48.40 feeC,
to a corner of said building.; thence S09057'09-E. 45.63
the Point of Beginning;, ( feel; thence N80°02' 19'E,
thence following the face of 116.21 feet; thence
the exterior wall of said build-i $09°57'25'E, 79.79 feet;
Ing , the following courses: ; thence S80002'09'W, 9.65
N09057' 12'W. 21 .39 feet; feet; thence 509°5 hence
,
t
thence S80001'50-W, 34. 140 N800106.27 feet; thenc
feet; thence n09058. 10-W, 5090 7* 14', . 1 feet: thence
40.92 feet; thence 509°57' 14'E, 157,a2 feet;
Ne0°051050W. 33.72 feet: thence S80°02'48-W. 9424 Swom to and subscribed before me op this day of
thence N09°56'57-W, 22.09 feel; thence S09057' 15'E,
feet; thence S 80003'03-W, 88.68 feet; thence
86.43 feet; thence S80°03'02'W, 53:31 feet; 19
N09°57422'W. 81 .90 feel: thence N09°57'2VW, 123.22
' 16'E. 14.00 feet; thence S80102'46-W.
thence N80°01
feet; thence N' 16 15'W, 114.79 feet to the POINT OF
143.66 feet; thence BEGINNING . Containing LNoWy
imere�!
N09°57' 150W. 205. 14 feet; 735.291 square feet or 16.80 1
thence N80003'05'E, 30.82 acres, more or less, and exlud- Catherine Sall I Notary Public
feeC thence N09°56'27-W, ing the blakes ROW Io-Arkan-8.19 feet: thence N80°04'07'E, sas Western Gas. Book 367, My Commission Expire Public, Slate Of Arkansas
12. 15 feel: thence ' page 395. Washin nCWn t
1 . 1 5T03'W, 130.91 feet; , And also including a part of IYthence S80°02'50-W 119.32 Ian easement lying within ammi681nn Expires 0?J27/OS )
' feet; thence S09057'o70E, ; tract of land in the E1/2-of the Cccccl
10.10 fees; thence ISW1 /4 of Section 23, Town-
S80002'57'W, 26.32 feet; ship 17 North, Range 30 West
thence S09°57'06'E, 11 .34 in Washington County, Arkan-
feet; thence S80°01 '52'W, i sas, said part of the easement Fees for Printing $ j3
35.75 feet; thence to be vacated being more fully)
N10°02'24'W, 3.27 feel: - - Cost of Proof $
Total $ ° 62
III NORTHWEST ARKANSAS TIMES III
P.O. Drawer D • Fayetteville, Arkansas 72702 • (501 ) 442-1777 • (800) 498-1991 • Fax (501 ) 442-5477
JW 1 1 13,96
FINANCE DEPT,
described as follows: Com-
mencing at the Southwest
corner of the NE1 /4 of the
SW1 /4 of said Section 23:
thence N88049'54'E, along
the South line thereof,
2, 123.40 feet; thence
N01.10'060W, 215.20 feet to
the Point of Beginning;
thence N09.57'08'W, 25.00
feet; thence N79002' 18'EI
90.65 feel; thence
N09.56'584W, 196.75 feet:
thence N80003'02"E, 25.00
feet; thence S09.56'580E,
196.50 feet: thence
S80.06125'E, 31 .49 feet;
thence S76.05'390E, 77.44
feet; thence S00046'37'E ,
26. 19 feet; thence
N76.05'39'W, 76.32 feet;
thence N86.35'26'W, 50.98
feet: thence S79.02' 180W,
92.52 feet to the Point of Be-
ginning. Containing 10,634
square feet, more or less.
