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Home My WebLink AboutOrdinance 4000 FLED FOR RECORD 096 OCT 7 PM p 56 ASHINCTON CO AR K . HARNESS ORDINANCE NO , 4000 AN ORDINANCE VACATING AND ABANDONING A UTILITY EASEMENT LOCATED SOUTH OF SANDINGHAM STREET AND WEST OF HIGH AVENUE AS REQUESTED BY JAMES WETWISKA . WHEREAS , the City Council has the authority under A . C . A . § 14 - 54 - 104 to vacate public grounds or portions thereof as may not for the time being be required for corporate purposes ; and WHEREAS , the City Council has determined that the following described utility easement is not required for corporate purposes . NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYE7TEVILLE , 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 utility 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 . F . PASSED AND APPROVED this 1st day of October 1996 , o i APPROVED . to 4 ` k '�! '_ " - .rf '>� .� By : 1� red Hanna , Mayor ATTEST : X2,bB n"ni, , Traci Paul , City Clerk 96063237 EXHIBIT "A" ENCROACHMENT INTO 25 ' BSB & UE ALONG EAST SIDE HOUSE A PART OF LOT NINETEEN ( 19 ) , BRIDGEPORT ADDITION , PHASE I , IN FAYETTEVILLE , WASHINGTON COUNTY , ARKANSAS , AS SHOWN IN PLAT RECORD 13 , PAGE 58 , IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY , ARKANSAS , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT NINETEEN ( 19 ) ; THENCE NORTH ALONG THE EAST LINE OF SAID LOT NINETEEN ( 19 ) 64 . 21 FEET ; THENCE WEST 24 . 20 FEET TO THE INTERSECTION OF THE SOUTH AND EAST EAVES OF A ROOF OVER A CONCRETE PORCH FOR THE TRUE POINT OF BEGINNING ; THENCE WEST ALONG SAID SOUTH EAVE 0 . 80 FEET TO THE BUILDING SETBACK AND UTILITY EASEMENT LINE ; THENCE NORTH ALONG SAID SETBACK AND UTILITY EASEMENT LINE ; THENCE NORTH ALONG SAID SETBACK AND TUILITY EASEMENT LINE 24 . 56 FEET TO THE EAVE OF THE HOUSE ; THENCE EAST ALONG SAID EAVE 0 . 80 FEET TO THE INTERSECTION OF THE NORTH AND EAST EAVES OF SAID HOUSE ; THENCE SOUTH ALONG THE EAST EAVE 24 . 56 FEET TO THE POINT OF BEGINNING , CONTAINING 19 . 56 SQUARE FEET , MORE OR LESS , ENCROACHMENT INTO 25 ' BSB & UE ALONG NORTH SIDE HOUSE A PART OF LOT NINETEEN ( 19 ) , BRIDGEPORT ADDITION , PHASE I , IN FAYETTEVILLE , WASHINGTON COUNTY , ARKANSAS , AS SHOWN IN PLAT RECORDS 13 , PAGE 58 , IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY , ARKANSAS , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID LOT NINETEEN ( 19 ) ; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT NINETEEN ( 19 ) 25 . 00 FEET TO THE BUILDING SETBACK AND UTILITY EASEMENT LINE ; THENCE EAST ALONG SAID BUILDING SETBACK AND UTILITY EASEMENT LINE 36 . 18 FEET TO THE WEST EAVE OF THE HOUSE FOR THE TRUE POINT OF BEGINNING ; THENCE NORTH ALONG SAID EAVE 1 . 68 FEET TO THE INTERSECTION OF THE WEST AND NORTH EAVES OF SAID HOUSE ; THENCE EAST ALONG SAID NORTH EAVE 34 . 56 FEET TO THE INTERSECTION OF THE NORTH AND EAST EAVES OF SAID HOUSE ; THENCE SOUTH ALONG SAID EAST EAVE 1 . 68 FEET TO THE BUILDING SETBACK AND UTILITY EASEMENT LINE ; THENCE WEST ALONG SAID BUILDING SETBACK AND UTILITY EASEMENT LINE 34 . 56 FEET TO THE POINT OF BEGINNING , CONTAINING 59 . 10 SQUARE FEET , MORE OR LESS . 9606�i2�38 1. M=nml e'n lirme Circuit a .h n 9ton Racordar to t^�a� ,.., ,- ,dtty that _u::ar?, p•k nus. da '' a y In my rAl .. . �' zcknow• .,.. ;Con In indic.^.ted 4r•.0 55l t•: i �`�'r - ,� "" a(i 018988101 9ai7 Gca!t on 9�:� ace tn'.•i:,at9d hereon• etrnua CV?rt; and Fjt•OntCw' Ftacu[der Yd • ' "r4 r I RDI NANCENOENCROACHMENT INTO 25' AN ORDINANCE VACATING BSB 8 UE ALONG NORTH p E pV r Gr AND ABANDONING A UTILITY SIDE HOUSE A PART OF LOT - f� EASEMENT LOCATED . NINETEEN (19), BRIDGE- SOUTH OF SANDINGHAM PORT ADDITION, PHASE I, IN NOVREET AND WEST OF HIGH FAYETTEVILLE, WASHING- 0 6 1°96 AVENUE AS REQUESTED BY TON COUNTY, ARKANSAS, P� JAMES WETWISKA. AS SHOWN:IN PLAT RE- WHEREAS, the City Council CORDS 13, PAGE 58, IN THE STATE OF ARKANSAS l (�G �D has the euO thorlty under A.C.A. OFFICE F THE CIRCUIT } ss. FINANCE DEPT, §14-54.104 to vacate public CLERK AND EX-OFFICIO,RE. grounds or portions thereof as CORDER OF WASHINGSAN County of Washington may not for the time being be COUNTY, ARKANSAS, BEING required for corporate MORE PARTICULARLY DE- ,, nn I //�� purposes; and SCRIBED AS FOLLOWS: I, yn crAl LAL1e / herebycer- WHEREAS, the City Council COMMENCING AT THE has determined that the fallow- NORTHWEST CORNER OF fify that I am the publisher THE NORTHWEST ARKANSAS TIMES, a daily Ing described utility easement SAID LOT NINETEEN (19); , newspaper having a second class mailing privilege, and being not less than four pages of is not required for corporate THENCE SOUTH ALONG THE five columns each, published at a fixed lace of business and al a fixed (daily) purposes. WEST LINE OF SAID LOT' P P ( y) in[crvals NOW, THEREFORE, BE IT NINETEEN (19) 25.00 FEET continuously in the City of Fayetteville, County of Washington, Arkansas for more than ORDAINED BY THE CITY , TO THE BUILDING SETBACK aperiodoftwelvemonths, circulatedandiistrlbutedfromanestablishedlace of business COUNCIL OF THE CITY OF AND UTILITY EASEMENT P FAYETTEVILLE, ARKANSAS: LINE; THENCE EAST ALONG to subscribers and readers genemllyofallclasses in the City and County foradefinile price Section 1 . That the City of SAID BUILDING SETBACK foreachcopy. orafixedprloe perannum, which pricewasfixed at what isconsidered the Fayetteville, Arkansas hereby AND UTILITY EASEMENT value of theublication, based upon the news value and service value it contains, that at vacates and abandons all of Its LINE 36. 18 FEET TO THE P po rights together with the rights of • WEST EAVE OF THE HOUSE least fifty percent of the subscribers thereto have paid cash for their subscriptions to the the public generally, In and to FOR THE TRUE POINT OF newspaper or its agents or through recd nized news dealers over a nod of at least six tWollowing described utility BEGINNING; THENCE NORTH g g g easement: ALONG SAID EAVE 1.68 FEET months; and that the said newspaper publishes an average of more than forty percent news Sea made a 8A0par attached hereto • TO THE INTERSECTION OF matter. andSec made . part hereopy THE WEST AND NORTH Section 2. That a w of this EAVES OF SAID HOUSE; Ordinance duly certified by the I THENCE EAST ALONG SAID I further certify that the legal notice hereto allaclfed in the matter of City Clerk shall be filed in the NORTH EAVE 34.56 FEET TO office of the Recorder of the THE INTERSECTION OF THE - County and recorded In the NORTH AND EAST EAVES OF �n r m n m lrCJ [1NT(T Deed Records of the County. SAID HOUSE; THENCE PASSED AND APPROVED SOUTH ALONG SAID EAST this 1st day of October, 1996. was published in the regular daily issue of said newspaper for APPROVED: EAVE 1 .68 FEET TO THE By. Fred Hanna BUILDING SETBACK AND consecutive insertions as follows: Mayor UTILITY EASEMENT LINE; ATTEST: THENCE WEST ALONG SAID By:Traci Paul BUILDING SETBACK AND The first insertion on the IQ['jT16On . /[-) day of 19 9en City Clerk UTILITY EASEMENT LINE EXHIBR "A" 34.56 FEET TO THE POINT t ENCROACHMENT INTO 25' OF BEGINNING, CONTAINING the second insertion on the day of 19 BSB 8 UE ALONG EAST SIDE 59.10 SQUARE FEET, MORE HOUSE A PART OF LOT OR LESS. NINETEEN (19), BRIDGE- the third inserty ion on the da of 19 PORT ADDITION, PAHSE I IN FAYETTEVILLE, WASHING- and the fourth insertion on the day of l9 I TON COUNTY, ARKANSAS, AS SHOWN IN PLAT RECORD 13, PAGE 50 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARAA4� - KANSAS, BEING MORE PAR- TICULARLY DESCRIBED AS Publish General Manager FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT NINETEEN (19); THENCE NORTH ALONG THE EAST LINE OF SAID LOT NINETEEN (19) 64.21 FEET; THENCE WEST 24.20 FEET TO THE INTERSECTION OF THE SOUTH AND EAST EAVES OF A ROOF OVER A CONCRETE PORCH FOR THE TRUE POINT OF BEGIN- NING; THENCE WEST ALONG SAID SOUTH EAVE 0.80 FEET TO THE BUILDING SETBACK Sworn to and subscribed before me on this AND UTILITY EASEMENT day of LINE; THENCE NORTH ALONG SAID SETBACK AND Q UTILITY EASEMENT LINE 191., _ THENCE NORTH ALONG SAID SETBACK AND UTILITY. L EASEMENT LINE 24.56 FEET TO THE EAVE OF THE 1 HOUSE; THENCE EAST' S Catherine Sall j Notary Public ALONG SAID EAVE 0.80 FEET TO THE INTERSECTION OF r Notarypublie, State of t THE NORTH AND EAST My Commission Expi�4 Washington t EAVES OF SAID HOUSE; � M 8 County t THENCE SOUTH ALONG THE 1 y Commission Expires 07J27l051 EAST EAVE 24.56 FEET TO f4([<(c(c1 THE POINT OF BEGINNING, CONTAINING 19.56 SQUARE FEET. MORE OR LESS. Fees for Printing Y/o Cost of Proof $ Total $ / 91510 ='1`: Po 1/96.26