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Home My WebLink AboutOrdinance 4064 FILED FOF; RECORD 97 OCT 14 Pfd 2 16 NASNIhG I Uri GU AR ORDINANCE NO, 4064 K . r,'Q , i , l, ESS AN ORDINANCE VACATING AND ABANDONING A PORTION OF CENTER STREET LOCATED AT 2 N. COLLEGE, AS REQUESTED BY RICHARD ALEXANDER ON BEHALF OF OZARK BUILDING L.L.C., REQUEST, VA 97-5.00 AND CERTAIN CONDITIONS OF SUCH VACATION. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate streets, portions of streets and other 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 street right-of- way 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, subject to certain conditions specified hereinbelow, in and to the following described property located in Washington County, Arkansas: See Exhibit "A" attached hereto and made a part hereof. Section 2. The City of Fayetteville hereby reserves an easement on, over, across and under the subject property running 10 feet on each side of the existing sewer line, to construct, lay remove, relay, enlarge, and maintain public utility lines. In the alternative, the applicant may request to relocate the existing sewer line to a location as approved by the Engineering Division. Any such relocation shall be at the applicant's expense. Section 3. That parking requirements regarding the loss of approximately 12 or 13 public parking spaces shall be waived. Section 4. That the right-of-way to be vacated shall be reduced in size by an amount sufficient for improvements to intersections at College/Center and County Avenue/Center. Said reduction shall be as approved by the Engineering Division. Section 5. 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 7th day of October , 1997. 9707(4 '3 Page 2 Ordinance No. 4 0 6 4 APPROVED: By: 2140 � FrId' Hanna, Mayor ATTES . By: Traci Paul, City Clerk ' fJ w' 97070384 EXHIBIT "A" A PART OF THE SOUTHWEST QUARTER (SWI/4) OF THE NORTHWEST QUARTER (NWl/4) OF SECTION FIFTEEN (15), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE N 03°00'25" E 82.00 FEET; THENCE S 87005'34" E 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 03000'25" W 17.00 FEET; THENCE S 8705'34" E 95.00 FEET; THENCE S 03000'25" W 5 .00 FEET; THENCE S 87°05'34" E 100.00 FEET; THENCE N 03000'25" E 22.0 FEET; THENCE N 87°05'34" W 195 .00 FEET TO THE POINT OF BEGINNING, CONTAINING 3815.00 SQUARE FEET, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. 9 �)tti Harness, e!rnitt Gsrk hrd ExperiabY 1, Kath^sen bingCounty. Adransa eoo�d in mY Recorde, that thisainetrumont was His d for and the Barre 's now duly certiycertificate Office as indica the hacknowled9ement and recorded with ok and Pa99 indicated thereon• thereon in Record Bo IN WITNESS WHEREOF, 1 have hereunto set mY hand and aftixed the soar of said Caurl on the date in I- cared hateon r,.tiievn >a=mass_ r,, R corder Gr.�,� . � •- Y `� �_rr...r-rte by t ORDINANCE NO. 4054 APPROVED: I AN ORDINANCE VACATING By, Fred Hanna, Mayor AND ABANDONING A POR- , TION OF CENTER STREET ATTEIST STATE OF ARKANSAS LOCATED AT 2 N. COLLEGE, AS REQUESTED BY RI- By: Traci Paul, City Clerk CHARD ALEXANDER ON BE. SS. HALF OF OZARK BUILDING EXHIBIT "A" County Of Wa$fllll9tOf1 L.L.C., REQUEST,. VA 97-5.00 AND CERTAIN CONDITIONS A PART OF THE SOUTH-, OF SUCH VACATION. WEST QUARTER (SWI/4) OF, I, RANDALL COPE, herebyCertii that I am the publisher of THE THE NORTHWEST QUART y WHEREAS, the City Council (NW1/4) OF SECTION FIF NORTHWEST ARKANSAS TIMES, a daily newspaper having a second has the authority under TEEN (15), TOWNSHIP SIX A.C.A.§ 14-54-104 to vacate TEEN (16) NORTH, RANGE p class mailingprivilege, and being not less than four pages es of five streets, portions of streets and THIRTY (30) WEST, BEIN�i columns each, published at a fixed place of business and at fixed (daily) other public grounds on por- MORE PARTICULARLY DE- Intervals continuously In the City of Fayetteville, County of Washington, tions thereof as may not for the SCRIBED AS FOLLOW time being be required for cor- COMMENCING AT TH$ Arkansas for more than a period of twelve months, circulated and pointe purposes; and SOUTHWEST CORNER OF distributed from an established place of business to subscribers and SAID 40 ACRE TRACT„' WHEREAS, the City Council THENCE N 03000'25" E 82.00 readers generally of all classes in the City and County for a definite price has determined that the follow- FEET; THENCE S 87'05'34" E for each copy, or a fixed price per annum, which price was fixed at what Ing described street of right of 30.00 FEET TO THE TRUE way is not required for corpo- POINT OF BEGINNING: is considered the value of the publication, based upon the news value rate purposes. THENCE S 03000'25" W 17.00 and service value it contains, that at least fifty percent of the subscribers FEET; THENCE S 87005'34" E NOW, THEREFORE, BE IT 95.00 FEET; THENCE s thereto have paid for their subscriptions to the newspaper or its agents ORDAINED BY THE CITY 03`00'25' W 5.00 FEEET; or through recognized news dealers Over a period Of at least SIX months COUNCIL OF THE CITY OF THENCE S 87005'34' E 100.00 and that the newspaper publishes an of more than fort FAYETTEVILLE, ARKANSAS: FEET; ?HENCE N 03°00'25" E e sanews paP P average aJ y 22.0 FEET; THENCE N percent news matter. Section 1 . That the City of 87005'34" W 195.00 FEET TO Fayetteville, Arkansas hereby THE POINT OF BEGINNING. vacates and abandons all its CONTAINING 3815.00 rights together with the rights of SQUARE FEET, MORE OR I further certifythat the legal notice attached in the matter of the public generally, subject to LESS, WASHINGTON COI N- certain g certain conditions specified TY, ARKANSAS. l.I herein below, in and to the for- lowing oolowing described property locat- ed in Washington County, Al I kansas: was published in the regular daily issue of said newspaper for See Attached "A" attached consecutive insertions as follows: - hereto and made a part hereof. l QQ Section, . The City of Fayette- The first insertion on the QST 7 day of 19 -I ville hereby reserves an ease- ment on, over, across and un- der the subject property running the second insertion on the day of 19 10 feet on each side of the ex- isting sewer line, to construct, - the third Insertion on the da Of 19 lay, remove, relay, enlarge, and y maintain public utility lines. In the alternative, the applicant and the fourth insertion on the day of 19 may request to relocate the ex- isting sewer line to a location as /y approved by the Engineering /a(I Division. Any such relocation shall be at the applicant's ex- Peril Publis r / General Manager Section 3. That parking re- quirements regarding the loss of approximately 12 or 13 pub- lic parking spaces shall be Swornto and subscribed before me on this day of waived. �C /) n�� 19 V� r Section 4. That the right-of- way to be vacated shall be re- duced in size by an amount suf- ficient for improvements to iry tersections at College/Center and County Avenue/Center. r LLJC., Said reduction shall be as ap,- r Notary public, State of Ark as ,< Notary Public proved by the Engineering Divi- r son. My Commission Expir Washington County < y mmissl Section 5. That a copy of this ccccccccccccacccccaucccccccccc<1< Ordinance duly certified by the City Clerk shall be filed in theG�- office of the Recorder of the Fees for Printing ... ............ .. ............ ..... ... .... ......$ County and recorded in the Deed Records of the County. Cost of Proof. ...... ........ .. ... .... ..... .. ... .... ... .. . .. ... . ...$ q PASSED AND APPROVED this 7th tlaY of October. 1997. Total. ... ....... ......... .... .. . .. .. ... . .. . ... .. ..... .... ... ... .. . .....$ �0 4 S3 ?0o