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HomeMy WebLinkAboutOrdinance 4053 FILED FOR RECORD " ° 7 SEP 1S PM 2 29 WASHING -( ON 00 AR ORDINANCE NO. 4053 K• h'AriJESS AN ORDINANCE VACATING AND ABANDONING A PORTION OF A UTILITY EASEMENT LOCATED AT 2416 HONEY LANE, AS REQUESTED BY JIM BOB AND JOAN WHEELER. 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. PASSED AND APPROVED this 2nd day of. SQptember, 1997. Jl� � • APPROVED: 4(/00w� d R1 By: Fred Hanna, Mayor ATTEST: By: Traci Paul, City Clerk 97062748 .� EXHIBIT "A" BUILDING SETBACK AND UTILITY EASEMENT VACATION A PART OF LOT ONE ( 1), LYNN LEIGH ESTATES, A SUBDIVISION TO 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 FOLLOW: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT ONE (1 ); THENCE WEST ALONG THE SOUTH LINE OF SAID LOT ONE (1 ) 143 .71 FEET; THENCE NORTH 22.20 FEET TO THE POINT OF BEGINNING; THENCE NORTH 2.80 FEET TO A POINT ON THE NORTH SIDE OF THE TWENTY-FIVE (25) FOOT BUILDING SETBACK AND UTILITY EASEMENT; THENCE WEST ALONG THE NORTH SIDE OF SAID BUILDING SETBACK AND UTILITY EASEMENT 32.44 FEET TO THE WEST ROOF EAVE OF AN EXISTING HOUSE; THENCE LEAVING THE NORTH LINE OF SAID BUILDING SETBACK AND UTILITY EASEMENT SOUTH 2.80 FEET; THENCE EAST 32.44 FEET TO THE POINT OF BEGINNING. 9'7062'749 I, Kathlson Harness, Circuit Gln'Y. sn�' -a her Recorder for Washington Ceunty, Arkansas, .0 hereby certity that this Instrument was filed for record in my office as indicated horaon and the some is now duty d certificate recorded with the acknowiedgee tIndicated thereon thareon In Record Book and Patl IN WITNESS wH REOF, I have hereunto set my hand and affixed LING cool or said Court on the data indi- cated hereon. Kathleen Harness Ciro Cl k and Ell, by Recorder �^ by ORDINANCE NO. 491W AN ORDINANCE VACATING AND ABANDONING A POR- W L �; k: lf v r. l TION OF A UTILITY EASE- MENT LOCATED AT '2416 HONEY LANE, AS REQUEST- ED BY JIM BOB AND JOAN STATE OF ARKANSAS SEP 15 1997 WHEELER. WHEREAS, the City Council .S.S. has the authority under A.C.A County of Washington f FINANCE DEPT, §14-54-104 to vacate public grounds or portions thereof as may not for the time required I, RANDALL COPE, herebycertify that I am the publisher of THE for corporate purposes: and Y WHEREAS, the City Council NORTHWEST ARKANSAS TIMES, a daily newspaper having a second has determined that the follow- class mailing privilege, and being not less than four pages of five ing described utility easement is not required for corporate Columns each, published at a fixed place of business and at fixed (daily) purposes. _ intervals continuously in the City of Fayetteville, County of Washington, NOW, THEREFORE, BE-IT Arkansas for more than a period of twelve months, circulated and ORDAINED BY THE CITY distributed from an established place of business to subscribers and COUNCIL OF THE CITY.OF FAYETTEVILLE, ARKANSAS: readers generally Of all Classes In the City and County for a definite price Section 1 . That the City of for each copy, or a fixed price per annum, which price was fixed at what Fayetteville, Arkansas hereby is considered the value of the publication, based upon the news value vacates and abandons all its rights together with the rights of and service value it contains, that at least fifty percent of the subscribers the public generally, In and to thereto have aid for their subscriptions to the newspaper or its agents the following described utility P P easement or through recognized news dealers over a period of at least six months See Exhibit 'A' attached hereto and that the said newspaper publishes an average of more than forty and made a part hereof. percent news matter. Section 2. That a copy o1 this Ordinance duly certified by the City Clerk shall be filed in the Office of the Recorder of the I further certify that the legal notice attached in the matter of County and recorded in the Deed Records of the County.+ PASSED AND APPROVEQIhis — - -" T �O 93 2nd day of September, 1997.,• APPROVED: was published in the regular daily issue of said newspaper for consecutive insertions as follows: By: Fred Hanna, Mayor ATTEST: The first insertion on the r day of 19 ` By: Trait Paul, City clerk EXHIBIT -A- the second insertion on the day of 19 BUILDING SETBACK AND UTILITY EASEMENT VACA- the third Insertion On the day of 19 TION A PART OF LOT ONE (1), LYNN LEIGH ESTATES, A SUBDIVISION TO THE CITY and the fourth insertion on the day f 19 OF FAYETTEVILLE, ARKAN- SAS, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIR- CUIT CLERK AND EX-OFFI. CIO RECORDER OF WASH- INGTON COUNTY, ARKAN- Publisher / e ral Manager SAS. BEING MOE PARTICU- LARLY DESCRIBED AS FOL- LOW: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT (1); THENCE WEST Swom to and subscribed before me on this I day of ALONG THE SOUTH LINE OF SAID LOT ONE ( 1 ) FEET; THENCE NORTHH22.2 FEETTHE POINT OF . GINNININ BE- G; THENCE NORTH 2.80 FEET TO A POINT ON THE NORTH SIDE OF THE .. TWENTY-FIVE (25) FOOT «« BUILDING. SETBACK AND f UTILITY EASEMENT; CatenneSall ' Notary Public HE THENCE WEST ALONG TNO NORTH SIDE OF SAID BUILD- My Commission EXpir �Yf 11b(IC, StareOPArkan 1 ING SETBACK AND UTILITY r ' gtonuEASEMENT 32.44 FEET TO1i OIID[y , Tiff WEST ROOF EAVE OF ` My Cvmmission Expires 07/27/051 AN EXISTING HOUSE; C«(<CC(C(((C<CC(CCCCCCCCCC<cCCCC(t' THENCE LEAVING THE NORTH LINE OF SAID BUILD- Fees for Printing ING SETBACK AND UTILITY ........ - - - $ EASEMENT SOUTH 2.80 FEET; THENCE EAST 32.44 FEET TO THE POINT OF BE- Cost Of Proof.... ... ........ ................. ......... ... ..... ....$ GINNING. Total.................. .. ... .... ..... ... .. ... .... .. ... ........ .... .....$ P&lfsaP30y