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HomeMy WebLinkAboutOrdinance 4025 FILED FOR RECORD 97 MRR 24 PM 2 47 ORDINANCE NO. 4 0 2 5 WASHiNG'iON CO AR K . H ;+ ioiLSS AN ORDINANCE VACATING AND ABANDONING A UTILITY EASEMENT LOCATED ON THE WEST SIDE OF LOT 84, BROOKBURRY WOODS SUBDIVISION, AS REQUESTED BY DAVID JORGENSEN ON BEHALF OF ROGER WILKINS . 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 . .BAWD AND APPROVED this 18th day of March , 1997 . ve APPROVED: Fred Hanna, Mayor ATTEST: By : Traci Paul, City Clerk EXHIBIT "A " VAC 97-02 A part of lot 84 of Brookbury Woods Subdivision being described as follows : Commencing at the SW Corner of Lot 84 thence S 76 °E 10.00 Feet, thence N 15 °34 ' E 10 .00 Feet to the P.O . B . , thence N 74°26 ' W 5 .00 Feet, thence N 15034' E 92.99 Feet, thence S 74 '26' E 5 .00 Feet, thence S 15 '34 ' W 92.99 Feet to the P. O .B. , Containing 464.93 S. F. 97' 17506 , K2 'fir-dL-n N..:s:� . Cisar•1 a.ark end Ey cY do Recorder for Kashington do nr`ir! csrtitY that :scord in MY � ,sf , fri':�' : 1.. - crdtheoam� is r" C:a� 2 d ,. :' ttw acknow, Icr2^4 sr Ytareon in Indic:.ted Lhnra.+n. I tays here- . (\ESf3 Wi�EREu� unto cat . h...nd and atiixad the coal of Oats R+d �cated hereon' said Court on the Kathleen Harness Circuit Clerk and offici Recorder 4Y STATE OF ARKANSAS ss. County of Washington h eaer hereby cer- tify that I am the of Ty O- ORTHW ST ARKANSAS TIMES, a daily ORDINANCE NO. 4W newspaper having a second class mailing privilege, and being not less than four pages of AN ORDINANCE VACATING five columns each, published at a fixed lace of business and at a fixed (daily) AND ABANDONING A UTILITY P P ( y) intervals EASEMENT LOCATED ON continuously in the City of Fayetteville, County of Washington, Arkansas for more than THE WEST SIDE OF LOT 84 a period of twelve months, circulated and distributed from an established place of business BROOKBURY WOODS SUB- to subscribers and readersgenerallyofallclasses in the City and County foradefiniteprice DIVISION, AS REQUESTED BY DAVID JORGENSEN ON foreach copy, or a fixed price per annum, which price was feed at what is considered the BEHALF OF ROGER value of the publication, based upon the news value and service value it contains, that at WILKINS. least fifty percent of the subscribers thereto have paid cash for their subscriptions to the WHEREAS, the City Council has the authority under newspaper or its agents or through recognized news dealers over a period of at least six A.C.A.§ 14-54-104 to vacate months; and that the said newspaper publishes an average of more than forty percent news Public grounds or portions maUer. thereof as may not for the time being be required for corporate Purposes; and I further certify that the legal notice hereto attached in the matter of WHEREAS, the City Council has determined that the follow- inn describedutility easement ♦ C V O . is not requited Q for corporate purposes. was published in the regular daily issue of said newspaper for NOW, THEREFORE, BE IT ORDAINED BY THE CITY consecutive insertions as follows: COUNCIL OF THE CITY OF FAYETfEVILLE, ARKANSAS: ��(( $ -ion 1 'That the City of The first insertion on the w � day of 19 R7 Fayetteville, Arkansas hereby vacates and abandons all of its rights together with the r;ghts of the second insertion on the day of 19 the public generally, in and to the following described utility easement: the third insertion on the day of 19 See Exhibit "A" attached here- to and made a part hereof. and the fourth insertion on the da of 19 Ordinance duly certified.by the City Clerk shall befiled in the office of the Recoider of the County and recorded in the Deed Records of the County. PASSED AND APPROVED Pnblis of O neralManager this 18th day of March, 1997, APPROVED: By: Fred Hanna, Mayor ATTEST: By: Traci Paul, City Clerk EXHIBIT "A" VAC 97-02 A part of lot 84 of Brookbuw Woods Subdivision being do- scribed as follows: Commend ' Ing at the SW Comer of Lot fin thence S 760 E. 10.00 Feet, thence N 15034' E 10.00 Feet ' to the P.O.B., thence N 74026' J / W. 5.00 Feet, thence N 15034'E 92.99 Feet, thence S 74026' E Sworn to and subscribed before me on this n 0 day of 5.00 Feet, thence S 15°34' W 92.99 Feet to the P.O.B., Cory taining 464.93 S.F. 19_j/ —_ Ktt��tttrttttteee tut « t "&iff tPublic, StRleOf cattsa 1(Notary Public Washington County My Commission Expires: My CDMIM Sion Expires 02f271051 «cccc«cccccccccccaccccccccccccd� Fees for Printing Cost of Prof $ Total $ •.3