HomeMy WebLinkAboutOrdinance 3990 FILED FOR RECORD
ORDINANCE NO. 3 9 9 0 196 SEP 11 PM 2 27
NASHINGTON CO AR
AN ORDINANCE VACATING AND ABANDONING 14. 5%RNESS
WIDE STREET RIGHT-OF-WAY CONNECTING LISA LANE
AND BRENT LANE AS REQUESTED SPENCER AND
MARTHA ALBRIGHT.
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 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 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 a portion of the above-described street right-of-way to construct, lay, remove, relay,
enlarge, and maintain public utility lines. The reserved utility easement is located in
Washington County and is described more particularly as follows :
See Exhibit " B" attached hereto and made a part hereof.
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.
Section 4. 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 .
o� PA$�YD. AND APPROVED this 3rd day of September 1996.
APPROVED:
hey ry
red Hanna, Mayor
A t'I'EST-
By :
Traci Paul, City Clerk
9605'7445
RUCr19-1996 1050 COLDWELL BAWER FRUCETTE 1 501 444 7546 P . II
Exhibit " A "
EASEMENT DEED PARCEL NO. 765.15520.99e (+
4w mr pM so,"
STATE OF ARKANSAS )
COUNTY OF WASHINGTON } DE rr KNOWN GY THESE' PRESENTS;
Thal Oran in COaslGmnibn a.�r 9..DAIWrrs1 aGl '
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(iranbr) Pain. Ile rocxfla of 1v111tl1 is nOMDy ackn A a" va v moat 91 (hatpin styled
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kV*n COur1fY. Arkansan.
TO,HAVE ANO 70 HOLO ealcl WOmlms oAW aaitl Graalca a5 suaa9sma and "34u, for•. :uses andPwposes I1ar�tirL�Mvc.marnbe4
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LIVING
P• A dalUdNT REVOCApL11 SPENCER D. ALORIONT III REVOCADLL••
LMNO TRUST tl)Ictl Navemba G, 1991
LMWG TRUSTC4ka Novembar G, 1991
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WASHINGTON COUNTY ABSTRACT & TITLE COMPANY, INC.
SNS
BONDED ABSTRACTERS' — TITLE INSURANCE SHEET NO. I r'
TOTAL P . 04
RIJCr18-19% 2244 1 501 444 7546 P. 04
9605'7446 '
SEP-04-1996 OB: 36 CO -DWELL BANKER FAUCETTE 1 501 444 7546 P. 02i02
Exhibit " B "
25 FOOT UTILITY BASF.PMT
A part of the E} of the Hractional .AW} of. Section 2, '8-16-NA -R"31)-W
desorlbed W beginning at a point which is .South 638. 87 feet,
&at 683.18 feet and South 488 . 92 fegt from the NW Corner of said
P& 8f the Fraotional Wk.; Thence 182 06100"E 18.18 feet; Thence
U89 57 21 "EI 20 . 00 feet ; Thence South 152 .54 fee • Thence N89o571210E
25. 00 Coati Thence North 177. 54 feet ; Thence S89 57121 "W 146.71 feet;
Thence 882 06rOOW 16: 45 feett Thence South 25-24 test to the point of
beginning.
SEP-03-1996 1844 SR; S?15F,97 aFz o "n
TOTAL P . 02
SEP-3-19% 2029 1 501 444 7546 P . 02
96057447
BILL OF ASSURANCE
This declaration of a Bill of Assurance made this3YJ day of�erA
1996, by the undersigned owners of the following described real estate located in the City
of Fayetteville, Washington County, Arkansas and more particularly described as follows,
to-wit:
Part of the East Half (EI/2) of the Fractional Northwest Quarter (Fri. NW'/4)
of Section Two (2) in Township Sixteen (16) North of Range Thirty (30) West
and being more particularly described as follows, to-wit: Beginning at a point
which is 638.37 feet South and 683. 18 feet East of the Northwest corner of
said East Half (E'/2) of the Fractional Northwest Quarter (Fri. NWI/a), thence
South 89 ' 49' East 643.56 feet, thence South 0' 07' 52" West 638.37 feet,
thence North 89 ' 49' West 642. 10 feet, thence North 638.37 feet to the point
of beginning, containing 9.42 acres, more or less. LESS AND EXCEPT: A
part of the EIA of the Fractional NWY4 of Section 2, T-16-N, R-30-W,
described as beginning at a point which is South 1277.79 feet and East 701. 18
feet from the NW corner of said E1/2 of the Fractional NWI/4; said point being
a found iron pipe; thence North 152.54 feet; thence North 89 ' 57' 21" East
120.00 feet; thence South 152.54 feet; thence South 89 ' 57' 21 " West 120.00
feet to the point of beginning, contain 0.42 acres, more or less, Fayetteville,
Washington County, Arkansas. ALSO LESS AND EXCEPT: A part of the
East Half (El/2) of the Fractional Northwest Quarter (NW'/4) of Section Two
(2), Township Sixteen (16) North, Range Thirty (30) West, Washington
County, Arkansas, described as beginning at a point which is South 638.87 feet
and East 683. 18 feet from the NW corner of said East Half (EI/2) of the
Fractional Northwest Quarter (NW1/4); said point of beginning being a found
concrete monument at the SW comer of Lot One (1), Block One (1) of the
Jerry D. Sweetser Subdivision; Thence along the South line of said Subdivision
S89 ' 59' 25' E (Deed S 89 ' 49' E) 130.00 feet to the SE corner of said lot;
thence South 100.00 feet to a set iron pin; thence N 89 ' 59' 25" W 130.00 feet
to a set iron pin; thence North 100.00 feet to the pint of beginning; containing
0.298 acres more or less. Subject to a utility easement described as beginning
at the SW corner of said tract; thence North 88.80 feet; thence S 89 ' 59' 25"
E 15.70 feet; Thence S 04 ' 57' 20" W 89.13 feet to the South line of said
tract; thence N 89 ' 59' 25" W 8.00 feet to the point of beginning. ALSO
LESS AND EXCEPT: A part of the EIA of the Fractional NWI/4 of Section
Two(2), Township Sixteen (16) North, Range Thirty (30) West, Washington
County, Arkansas, described as beginning at a point South 638.87 feet and
East 926.74 feet from the NW corner of said E1/2of the Fractional NWY4; said
point of beginning being the SW comer of Lot 3, Block 1 of Jerry D. Sweetser
Subdivision; thence along the South line of said subdivision S 89 ' 59' 25' E
(Record S 89 ' 49' E) 250.00 feet to the SE corner of the W1/2 of Lot 5, Block
1 ; thence South 100.00 feet to a set iron pin; thence N89 ' 59'25' W 250.00 feet
to a set iron pin; thence North 100.00 feet to the point of beginning,
containing 0.574 acres, more or less. ALSO LESS AND EXCEPT: A part of
9605'7448
the East Half (EI/2) of the Fractional Northwest Quarter (NWI/4) of Section
Two (2), Township Sixteen (16) North, Range Thirty (30) West, Washington
County, Arkansas, Described as beginning at a point which is South 638.87
feet and East 813. 18 feet from the NW corner of said East Half (El/2) of the
Fractional Northwest Quarter (NWY4); said point of beginning being the SW
corner or Lot 2, Block 1, of the Jerry D. Sweetser Subdivision; thence along
the South line of said subdivision S 89 ° 59' 25" E (Deed S 890 49' E) 113.56
feet to the SE comer of said Lot Two (2); thence South 100.00 feet to a set
iron pin; thence N 89 ° 59' 25" W 113.56 feet to a set iron pin, thence North
100.00 feet to the point of beginning, containing 0.260 acres, more or less.
ALSO LESS AND EXCEPT: A part of the East Half (EI/2) of the Fractional
Northwest Quarter (NWI/4) of Section Two (2), Township Sixteen (16) North,
Range Thirty (30) West, Washington County, Arkansas, described as
beginning at a point which is South 638.87 feet and East 1326.74 feet from the
NW corner of the El/2 of the Fractional NWIA; said point of beginning being
a found concrete monument at the SE corner of Lot Six (6), Block One (1)
of the Jerry D. Sweetser Subdivision; thence S 0 ' 07' 52" W 100.00 feet to a
found iron pin; thence N 89 ' 59' 25" W 149.78 feet to a set iron pin; thence
North 100.00 feet to the SW corner of the East Half (EI/2) of Lot Five (5),
Block One (1); thence along the South line of said subdivision S 89 ' 59' 25"
E (Record S 89 ' 49' E) 150.00 feet to the point of beginning, containing 0.344
acres, more or less.
WHEREAS, the owners have requested and received from the city council of the City
of Fayetteville, in Ordinance No. 3 9 9 o the vacation of a certain 50 foot wide street
easement upon the above described real property; and,
WHEREAS, the entire tract of land described above is currently being used by the
owners for one single family dwelling; and,
WHEREAS, the owners have promised and agreed, in consideration for the
aforementioned vacation, to rededicate the vacated easement at such time that any
additional development occurs on the aforementioned property; and,
WHEREAS, the owners are desirous of making a declaration of the aforementioned
promise and agreement in the form of this Bill of Assurance with the intention of
guaranteeing the dedication of such 50 foot wide street easement should any additional
development occur in the aforementioned property and to bind themselves, their successors,
and assigns and the aforementioned property with the obligations and restrictions
hereinafter set forth for all present and future development and use of said property.
NOW, THEREFORE, the owners that the above described real property shall be held,
developed, transferred, sold, conveyed, and occupied subject to the covenants and
restrictions herein set forth:
9605'7449
] . The 50 foot wide street easement vacated by the city council of
the City of Fayetteville by Ordinance No. 3990 As set
forth in the Easement Deed executed April 11, 1994 and
recorded in Deed Record 94021887 of the Office of the Circuit
Clerk and Recorder of Washington County, Arkansas shall be
rededicated to the city at such time that any development
occurs on the subject property in addition to the existing single
family dwelling and appurtenant structures thereto.
2. No structures may be built on the vacated easement.
WITNESS my hand and seal this Jrck day of 4 p0 9 e✓ 1996.
�� Flv��J . Qgp
MARTHA P. ALBRIGH'I 61 SPENCER D. ALBRIGHT, II
Individually and as trustee for Martha Individually and as trustee for Spencer
P. Albright Revokable Living Trust D. Albright Revokable Living Trust
dated November 6, 1991 , and as trustee dated November 6, 1991 , and as trustee
for Spencer D. Albright, III, Revocable for Martha P. Albright, Revokable Living
Trust Dated November 6, 1991 . Trust Dated November 6, 1991 .
V ,rte �1 % &WL5,
Bruce M. Armstrong Joa K. Armstrong
COUNTY OF Washington
STATE OF Arkansas
u •; - .UAbscribed and sworn to before me the day and year above written .
: d # PN1
4 aA0)126&aa&y
,
s- AR PUB IC
My term; , expiies :
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Is raw d4., rcw orda; vath Iheckckpop'-
lne-omant iniol certlrl_a»i 'thereon OR
Rsord Bou.. Bad Page as mdlcaWS
the•zon. . .
IN '. . ITNESS WHIMRO P, 1 Mom hem
unio ect my harts and affixed the Seal of
sad Court on the date Indicated hw=L
Kaihtoen Harness
Circuit Clerk and
If Recorder
ORDINANCE NO. 3990
AN ORDINANCE VACATING
AND ABANDONING A 50' ,
WIDE STREET RIGHT-OF- Q a'� IV "dWAY CONNECTING LISA Il V
LANE AND BRENT LANE AS
REQUESTED SPENCER AND
MARTHA ALBRIGHOCT Q 4 JOjO
T.
WHEREAS, the City Council DEP
has the authority under A.G.A. STATE OF ARKANSAS F�1VfxRliE puj '
§14-54-104 to vacate portions
of streets which are not re- ss.
quired for corporate purposes; County of Washington
and
WHEREAS, the City Council ,
has determined that the follow- 1, lC�.r'r'ifiLt L / hereby ter-
ing described street right-of- tify that I am the publisher oArHE AfORTHWFST ARKANSAS TIMES, a daily
way is a platted but unopened newspaper having a second class mailing privilege, and being not less than four pages of
- street ate pup s not required for five columns each, published at a fixed lace of business and at a fixed (daily)corporate purposes. P P ( y) intervals
NOW, THEREFORE, BE IT continuously in the City of Fayetteville, County of Washington, Arkansas for more than
ORDAINED BY THE CITY a period of twelve months, circulated and distributed from an established place of business
COUNCIL OF THE CITY OF to subscribers and readers generallyof allclasses in the City and County for adefinite price
FAYETTESection 1, T , ARKANSAS: for each copy, or a fixed price per annum, which price was fixed at what is considered the
Section 1 That the City of
Fayetteville, Arkansas hereby value of the publication, based upon the news value and service value it contains, that at
vacates and abandons an of its least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
rigors together with the rights of newspaper or its a agents or through recognized news dealers over a period of at least six
the public generally, subject tog g 8
the reservation of a utility ease- months; and that the said newspaper publishes an average of more than forty percent news
ment, in and to the following matter.
described property located in
Washington County, Arkansas:
See Exhibit •A' attached hereto I further certify that the legal notice hereto attached in the matter of
and made a part hereof.
Section 2, The City of Fayette-
ville hereby reserves an ease- � �^' ^^ _rte 1 q0
ment on, over, across and un-
der a portion of the above-de- was published in the regular daily issue of said newspaper for—L.
scribed street right-ol-way to consecutive insertions as follows:
construct, lay, remove, relay„
enlarge, and maintain public ll
utility lines. The reserved utility The first insertion on the JL4 ,bAa) l dayof 19�
easement is located in Wash-
ington County and is described '
more particularly as follows: the second insertion on the day of 19
See Exhibit OB' attached hereto
and made a part hereof. the third insertion on We
Section 3. Said utility ease- day of 19
ment shall be for the benefit of i
the electric power companies, and the fourth insertion on the dayof 19
telephone companies. gas ,
companies, cable companies,!
and the City of Fayetteville. I
Section 4• That a copy of thist
Ordinance duty certified by the;
City Clark shall be filed in the
office of the Recorder of the Publisher O neml Manager
; County and recorded in the
Deed Records of the County. '
PASSED AND APPROVED
this 3rd day of September,
1996.
APPROVED:
By: fired Hanna
Mayor
ATTEST:
By:Traci Paul
City Clerk
Exhibit 08*
25 Foot Utility Easement
A part of the E1/2 of the Frac- Swom to and subscribed before me on this �`-lo
banal NWt/4 of Section 2, T-16- �f1 C�1D t�/1 � day of
N, g at a poindest
whibedch
as begin- - -�T�-1 , N�L-0�
ning at a point which is South
638.87 feet, East 638.78 feet 19
and South 488.92 feet from the
NW Corner of said E12 of the
Fractional NW1/4; Thence NAwe
nt
82.06'00' E 18.18 feet; Thence Catherine Sall
N 89057'21 ' E 120.00 feet; x Notary blit
Thence South 152.54 feet; 1 Notary Public, State of Arkansas ,<
thence N 89057'21 " E 25.00 My Commission Expires < Washington County 1S
feet; Thence North 177.54 feet: x M Commission Expires 01/27/05
Thence S 89'57'21 ' W 146.71 x Y P
feet; Thence S 82°06'00' W Rcu<ucxccc[Ccl
16.45 feel; Thence South 25.24
feet to the point of beginning.
- -' -- - - Fees for Printing
Cost of Proof $ -'
Total $ / f (o, / &