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Home My WebLink AboutOrdinance 4018 FILED FOR RECORD 97 FEB 14 PP► 2 29 WASHINGTON CO AR K. HARr�C• SS ORDINANCE NO, 4018 AN ORDINANCE VACATING AND ABANDONING A PORTION OF A UTILITY EASEMENT LOCATED AT 670-672 MARTHA DRIVE IN THE DAWN ACRES SUBDIVISION , AS REQUESTED BY DAVE BEVIS . 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 int f of the Recorder of the County and recorded in the Deed Records of the County . f e ♦ . r i ,kP14SED AND APPROVED this 4th day of February , 1997 . Cl APPROVED : Fred Hanna, Mayor ATTEST - By Traci Paul , City Clerk 970"09C�112 EXHIBIT "A " LEGAL DESCRIPTION FOR VAC97-01 A part of Lot number Ten ( 10) , Block One ( 1) , Dawn Acres, a Subdivision to the City of Fayetteville, Arkansas, as designated upon the recorded final plat on file at Book 12, page 87 in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas . Being 1 .75 feet of equal and uniform width off of the South side of the Rear 20 foot Utility Easement of said Lot numbered Ten ( 10) and to include the entire portion of the duplex and its overhang that encroaches onto the said Rear 20 foot utility easement and Being also described as follows: Beginning at the Northeast Corner of said Lot numbered Ten (10) ; Thence South 00 Degrees 30 Minutes 30 Seconds West a distance of 20 feet to the true point of beginning; Thence North 89 Degrees 30 Minutes 14 Seconds West a distance of 70.0 feet; Thence North 00 Degrees 30 Minutes 30 Seconds East a distance of 1 . 75 feet; Thence South 89 Degrees 30 Minutes 14 Seconds East a distance of 70.0 feet; Thence South 00 Degrees 30 Minutes 30 Seconds West a distance 1 .75 feet to the point of beginning. 9 "7UQ9�;; Il,lf' tf♦�lhhltE{Mtfe,$, Q�ffr♦lill2Jerk and' IEk4fRRlIb ,dAr ftrir Washington tGRunR�L>krk2R:lt�.d^•i;�'c:�;v�c;rlry that thiWoQfp-,.TW* In my oRtrm,4wittc,4a.'-,•; . -•o •- :p ;hoaam� cr^on in uxa sst , ' R nsi aag aE. ,eA tqq §1 of sab Court an iho sato ihui%W Kathleen Hamew Circuit Clerk and Exaffigio Recorder -- — R4 (: tl1V )Gr ORDINANCE NO. 4018AN ORDINANCE AND ABANDONING AAPOR- FE3 19 M07 TION OF A UTILITY EASE- MENT LOCATED AT 670-672 STATE OF ARKANSAS 1 MARTHA DRIVE IN THE JS FINAKIcE DEPT, DAWN ACRES SUBDIVISION, ss. AS REQUESTED BY DAVE County of Washington BEVIS. WHEREAS, the City Council has the authority under A.C.A. 1, 'Q�_ hereby cer- §14-54-104 to vacate public tify that I am the publisher o THE NCIRTHWEST ARKANSAS TIMES, a daily groumayn of for portions thereof as be newspaper havin a second class reading privilege, and being not less than foto pages of may not for the time being heg 8 Pr 8 B P B required for corporate five columns each, published at a feed place of business and at a fixed (daily) intervals purposes; and continuously in the City of Fayetteville, County of Washington, Arkansas for more than WHEREAS, the City Council a riodoftwelvemonths, c'trculatedanddistributedfromanestablished lace of business has determined that the follow- l� P ing described utility easement to subscribers and readersgenerallyofallclasses in the City and Countyfor adefiniteprice is not required for corporate foreach copy, or a fixed price per annum, which price was fixed at what is considered the Purposes. NOW, THEREFORE, BE IT value of the publication, based upon the news value and service value it contains, that at ORDAINED BY THE CITY least fifty percent of the subscribers (hereto have paid cash for their subscriptions to the COUNCIL OF THE CITY OF newspaper or its agents or through recognized news dealers over a period of at least six FAYETSectio EVILLE, t the City months; and that the said newspaper ublishes an average than fort rent news Section 1 . That the City ofP B forty Fayetteville, Arkansas hereby matter. vacates and abandons all of its rights together with the rights of the public generally, in and to I further certify that the legal notice hereto attached in the matter of the following described utility , easement: See Exhibit 'A' attached hereto and matte a part hereof. / Section 2. That a copy of this was published in the regular daily issue of said newspaper for Ordinance duly certified by the consecutive insertions as follows: City Clerk shall be filed in the office of the Recorder of the County and recorded in the /� �fJYA�i[.[lf/ day of 19 Deed Records of the County. The fast insertion on We PASSED AND APPROVED this 4th day of February, 1997. the second insertion on the__ day of 19 APPROVED: By: Fred Hanna, Mayor the third insertion on the day of 19 ATTEST: By: Traci Paul City clerk and the fourth insertion on the day of 19 EXHIBIT 'A' LEGAL DESCRIPTION FOR VAC97-01 A part of Lot number Ten (10), Block One (1), Dawn Acres, a Subdivision to the City of Fayet- teville, Arkansas, as designated f er / Ge tel anager upon the recorded final plat on file at Book 12, page 87 in the Office of the Circuit Clerk and Ex-Officio Recorder of Wash- ington County, Arkansas. Being 1 .75 feet of equal and uniform width off of the South side of the Rear 20 foot Utility Ease- ment of said Lot numbered Ten (100 and to include the entire portion of the duplex and its overhang that encroaches onto theRear foot utility easement and Being ng also de- scribed as follows: Beginning at Swom to and subscribed before me on this day of the Northeast Corner of said Lot numbered Ten (10); Thence ,(,///-�' South 00 Degrees Minutes - _/.x__19 di 30 Seconds West a distance of 1/ 20 feet to the true point of be- ginning; Thence North 89 De- grees 30 Minutes 14 Seconds C West a distance of 70.0 feet; No Public Thence North 00 Degrees 30 Catherine Sall �Y Minutes 30 Seconds East a dis- t Notary Public, Statc of Arkansas lance of 1.75 feet; Thence My Commission Expires South 89 Degrees 30 Minutes «rasll`.ngA 0C0URty >S 14 Seconds East a distance of t My Commission tXp1rZ5 02/17/0$ t 70.0 feet; Thence South 00 De- grees 30 Minutes 30 Seconds West a distance of 1.75 feet to the point of beginning. 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