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Home My WebLink AboutOrdinance 4013 -n D L r N s rn ORDINANCE NO. 4013 1 c = Z = 2 N T y. q7 v O y O p3 AN ORDINANCE GRANTING VAC96- 12, TO VACATE AND cmn o 3rn Cn O p ABANDON A UTILITY EASEMENT LOCATED ON PROPERTY AT 2810 BIRDIE DRIVE AS REQUESTED BY w JOHN THORN . 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 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 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 . Z y F - I I'A1 $.W. AND APPROVED this 21 st day of January , 1997 . 0 APPROVED: . Q // By . - •u - Fred Hanna, Mayor ATTEST: AII ) III ki XZL By : Traci Paul, City Clerk 97004 8`178 EXHIBIT "A " A PART OF LOT NUMBERED SIX (6), BLOCK NUMBERED ONE (1), PARADISE VIEW ESTATES, A SUBDIVISION OF THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT SIX (6); THENCE N00042'32"W ALONG THE WEST LINE OF LOT SIX (6) 27 . 84 FEET; THENCE N890 17 '28"E 9.07 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE INTERSECTION OF THE WEST AND SOUTH ROOF EAVES OF AN EXISTING TWO (2) STORY BRICK AND FRAME HOUSE; THENCE N89002'56"E ALONG THE SOUTH ROOF EAVE 0.93 FEET TO THE EAST LINE OF A TEN (10) FOOT UTILITY EASEMENT; THENCE N00042132 "W ALONG THE EAST LINE OF SAID EASEMENT 30.49 FEET TO THE NORTH ROOF EAVE; THENCE S89 '02'56"W 1 .06 FEET TO THE INTERSECTION OF THE NORTH AND WEST ROOF EAVES; THENCE 500' 57'04"E 30.49 FEET TO THE POINT OF BEGINNING, CONTAINING 30. 215 SQUARE FEET, MORE OR LESS. 441K9 1, Kathiesn Harness, Circuit Clerk and Ex.otficio Recorder for WashingtoA County, A lran4a s, 60 h a:9tY cerL'fy that this irs;r_ment . . . .)r Acord in my oftic0 r .; Indir:t- 7.nd the Sam Is nm. c'u: . , . . 1 J.3 aclalcw• In R7csc: �s insicatod Iherecn. - l i ave how unro 5s.t ;hs seal O1 Said Coun (4-1 iho a:::a ircir3md horeon• Kathlsea H_P11058 Circuit Giurk and of 'ctio WFlco."'..Sr ORDINANCE NO. 4013 AN ORDINANCE GRANTING VAC96-12, TO VACATE AND :N _ ABANDON A UTILITY EASE- MENT LOCATED ON PROP- ERTY AT 2810 BIRDIE DRIVE AS REQUESTED BY JOHN 1 17 THORN. V '`- •� J O 'i.. e 1 WHEREAS, the City Council has the authority under A.C.A. C1 '.1 nl Pt, ;� �" § 14-54-104 to vacate public STATE OF ARKANSAS 1 '. .h.lal_ G_6' e - grounds or portions thereof as J} may not for the time being be ss. required for corporate County of Washington Purposes: and WHEREAS, the City Council //JJ � � � has determined that the follow. I. 1 t,4J(J hereby ter- ing described utility easement fify that I am the publisher of 1HE NORTHWEST ARKANSAS TIMES, a daily is not requifed 'for corporate Purposes. ` newspaper having a second class mailing privilege, and being not less than four pages of NOW, THEREFORE, BE IT five columns each, published at a fixed place of business and at a fixed (daily) intervals ORDAINED BY THE CITY continuously in the City of Fayetteville, County of Washington, Arkansas for more than COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: a period of twelve months, circulated and distributed from an established place of business Section 1 . That the City of to subscribers and readers generally of all classes in the City and County for a definite price Fayetteville, Arkansas, hereby for each copy, or a fixed price per annum, which price was fixed at what is considered the vacates and abandons all of its rights, together with the rights value of the publication, based upon the news value and service value it Contains, that at of the public genemMg in and to least fifty percent of the subscribers thereto have paid cash for their subscriptions to the the following described utility newspaper or its agents or through recognized news dealers over a period of at least six easement. See Exhibit •A• attached hereto months; and that the said newspaperpublfishes an average of more than forty percent news and made a pan hereof. matter. Section 2. That a Copy of this Ordinance duly certified by the City Clerk shall be filed in the I further certify that the legal notice hereto attached in the matter of office of the Recorder of the County and recorded in the � Qj�� J d" f/Q�.d Dead Records of the Count'. WL[tC PASSED AND APPROVED this 21st day of January, 1997, was published in the regular daily issue of said newspaper for APPROVED: By: Fred Hanna consecutive insertions as follows: Mayor ATTEST.: The first insertion on theQdm,11an" dayof l9 _ By: Trevi Paul City Clerk EXHIBIT ^A" the second insertion on the day of 19 A PART OF LOT NUMBERED SIX (6), BLOCK NUMBERED the third insertion on the da of 19 ONE 91) PARADISE VIEW ES- Y TATES, A SUBDIVISION OF THE CITY OF FAYETTEVILLE, and the fourth insertion on the da of 19 ARKANSAS, AS PER PLAT OF Y SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIR. CUIT CLERK AND EX-OFFI. A/ / CIO RECORDER OF WASH- INGTON COUNTY, ARKAN- SAS. BEING MORE PARTICU- LARLY Public / General Manager DESCRIBED AS FOL- LOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT SIX 96); THENCE N 00' 42' 32' W ALONG THE WEST LINE OF LOT SIX (6) 27.84 FEET; THENCE N 89°17' 28' E 9.07 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE INTERSECTION OF THE WEST AND SOUTH ROOF EAVES OF AN EXIST- ING TWO (2) STORY BRICK AND FRAME HOUSE; THENCE N 89' 02' 56' E Sworn to and subscribed before me on this �iJo day of ALONG THE SOUTH ROOF /n1 ^ L( 19 EASE 0.93 FEET TO THE l `� EAST LINE OF A TEN (10) l_Ff--u1 FOOT UTILITY EASEMENT; THENCE N 00. 42' 32• W ALONG THE EAST LINE OF SAID EASEMENT 30.49 FEET (!!C!!!//"• ' (! TO THE NORTH ROOF EAVE; , ' THENCE S 890 02' 56' W 1.06 , -. -- r,�L J211 1 Notary Public FEET TO THE INTERSEC- 1 NotaryPublic, S[:.[eofArkansas TION OF THE NORTH AND My Commission Expires: t Washin ton Count WEST ROOF EAVES; , x Y 1 THENCE S 000 57' 04• E 30.49 . , My Commission Expires 02/27/05 1 FEET TO THE POINT OF BE. ' xxexee(( GINNING, CONTAINING 30.215 SQUARE FEET, MORE OR LESS. _ . Fees for Printing $ Cost of Proof $ Total $ �� 7�0