HomeMy WebLinkAboutOrdinance 4065 Il'E� FOR REC-0R1
OCT 28 PR 2 Oa
ORDINANCE NO. 4065 &AShilNgVen f A?7
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AN ORDINANCE VACATING AND ABANDONING A
PORTION OF EIGHTH STREET BETWEEN SCHOOL AND
LOCUST AVENUE AND ALL OF THE ALLEY BOUNDED BY
EIGHTH AND NINTH STREETS AS REQUESTED BY JERRY
ALLRED ON BEHALF OF THE RAY ADAMS TRUST.
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 a platted but unopened street which is not required for corporate purposes. Further, that the
alley 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 above described street right-of-way to construct, lay, remove, relay, enlarge, and maintain
public utility lines. Said utility easement shall be for the benefit of the electric power companies,
telephone companies, gas companies, cable companies, and the City of Fayetteville.
Section 3 . Said vacation and abandonment of street right-of-way and alley shall be
contingent on the applicant providing a plan acceptable to the Street and Engineering Divisions to
accommodate the drainage currently on the Eighth Street right-of-way and improvements based
on that plan be completed to the satisfaction of the Engineering Division.
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SectivinA. That a copy of this Ordinance duly certified by the City Clerk shall be filed
ivt the office of the Recorder of the County and recorded in the Deed Records of the County.
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"i P' EA,AND APPROVED this 21gt day of October , 1997.
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APPROVE
By:
L red Hanna, Mayor
ATTEST
By:
Traci Paul, City Clerk
9'7074361-'
EXHIBIT "A"
STREET RIGHT-OF-WAY:
A PART OF THE NORTHWEST QUARTER (NW 1 /4) OF THE NORTHEAST
QUARTER (NEI/4) OF SECTION TWENTY-ONE (21 ), TOWNSHIP SIXTEEN
( 16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER
OF BLOCK SEVEN (7), FERGUSON'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE
IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER
OF WASHINGTON COUNTY, ARKANSAS; THENCE NORTH 40.00 FEET TO
THE SOUTHWEST CORNER OF BLOCK EIGHT (8) OF SAID ADDITION;
THENCE 589035'01 "E 300.00 FEET TO THE SOUTHEAST CORNER OF
BLOCK EIGHT (8) OF SAID ADDITION; THENCE SOUTH 40.00 FEET TO
THE NORTHEAST CORNER OF BLOCK SEVEN (7) OF SAID ADDITION;
THENCE N89035'01 " W 300.00 FEET TO THE POINT OF BEGINNING. THE
ABOVE DESCRIBED TRACT BEING ALL THAT PORTION OF EIGHTH
STREET LYING EAST OF SCHOOL AVENUE AND WEST OF LOCUST
AVENUE.
ALLEY VACATION:
A PART OF BLOCK SEVEN (7), FERGUSON'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE
IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER
OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER
OF LOT ONE ( 1 ) OF SAID BLOCK SEVEN (7); THENCE SOUTH 290.00 FEET
TO THE SOUTHWEST CORNER OF LOT SIX (6) OF SAID BLOCK SEVEN
(7); THENCE N89°35'01 "W ALONG THE SOUTH LINE OF SAID BLOCK
SEVEN (7); THENCE S89°25'01 "E 12.00 FEET TO THE POINT OF
BEGINNING. THE ABOVE DESCRIBED TRACT BEING ALL THAT
PORTION OF A TWELVE (12) FOOT WIDE ALLEY LYING SOUTH OF
EIGHTH STREET AND NORTH OF NINTH STREET, RUNNING NORTH
AND SOUTH THROUGH THE CENTER OF BLOCK SEVEN (7) OF
FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS.
9707436;;
I, Kathleen Harness, Circuit Clerk and Ex-officio
Recorder for Washington County, Arkansas, do hereby
certify that this instrument was filed for record in my
office as indicated hereon and the same is now duly
recorded with the acknowledgement and certificate N
thereon in Record Book and Page as indicated thereon.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the seal of said Court on the date indi-
Gated ereon.
Kathl a Harness
Clrou t erk and Ex•officlo Recorder
by
ORDINANCE NO. 4065 EXHIBIT "A"
AN ORDINANCE VACATING STREET RIGHT-OF-WAY I_t L V If V ` �,
AND ABANDONING A POR-
TION OF EIGHT STREET BE- A PART OF THE NORTH-
TWEEN SCHOOL AND LO- WEST QUARTER (NW1/4) OF STATE OF ARKANSAS
CUS7 AVENUE AND ALL OF
THE ALLEY BOUNDTHE NORTHEAST QUARTER t1 G .� 107
0 1�S.S. V ✓
ED BY
EIGHTH AND NINTH (NE 1/4) OF SECTION TWEN-
S7REE7S AS REQUESTED TY-ONE (21), TOWNSHIP SIX-
TEEN (16) NORTH, RANGE County of Washington t
BY JERRY ACCRED ON BE, THIRTY (30) WEST, BEING FiNano�E DEAi,
HALF OF THE RAV ADAMS
TRUST. MORE PARTICULARLY DE-
SCRIBED AS FOLLOWS; BE- I, RANDALL COPE, hereby certify that I am the publisher of THE
WHEREAS, the City Council GINNING AT THE NORTH- ,NORTHWEST ARKANSAS TIMESa daily newspaper having hes the authority under A.C.A. WEST CORNER OF BLOCK y papg g a second
portio s o tovacate other SEVEN (7), FERGUSON'SCITY
AF class mailing privilege, and being not less than four pages Of five
-portions of streets and other DITION TO THE CITY OF 9 P � 9 9 P 9
Public grounds or portions FAYETTEVILLE, ARKANSAS, columns each, published at a fixed place of business and at fixed (daily)
thereof as may but for the time AS PER PLAT OF SAID ADDI-
being be required for corporate TION ON FILE IN THE OFFICE intervals continuously in the City of Fayetteville, County of Washington,
Purposes; and OF THE CIRCUIT CLERK AND
EX-OFFICIO RECORDER OF Arkansas for more than a period of twelve months, circulated and
WHEREAS, the City Council WASHINGTON COUNTY, AR- distributed from an established place Of business to Subscribers and
has determined that the follow- . KANSAS; THENCE NORTH
40.00 FEET TO THE SOUTH- readers generally of all classes In the City and County for a definite price
ing described street right-of- WEST CORNER OF BLOCK for each copy, or a fixed r annum, which price was fixed at what
way is a platted but unopened EIGHT (8) OF SAID ADDI- py price P
street which is not required for TION; THENCE S89035'01E is considered the value of the publication, based upon the news value
corporate purposes. Further, 300,00 FEET TO THE SOUTH-
that the alley is not requlred1cir EAST CORNER OF BLOCK and service value it contains, that at least fifty percent of the subscribers
corporate purposes. EIGHT (8) OF SAID ADDI- thereto have paid for their subscriptions to the newspaper or its agents
TION; SOUTH 400
NOW, THEREFORE, BE IT FEET TOETHE NORTHEAST Or through recognized news dealers Over a period of at least SIX months
ORDAINED BY THE CITY CORNER OF BLOCK SEVEN and that the said news UbIISheS an average O} more than fort
COUNCIL OF THE CITY OF (7) OF SAID ADDITION; Paper P y
FAYETTEVILLE, ARKANSAS: THENCE N8V35'01" W 300.001 percent news matter.
FEET TO THE POINT OF BE.
Section 1 . That the City of GINNING. THE ABOVE DE-
Fayetteville, Arkansas hereby SCRIBED TRACT BEING ALL
vacates and abandons all of its THAT PORTION OF EIGHTH
rights together with the rights of STREET LYING EAST OF I further certify that the legal notice attached in the matter of
the public generally, subject to SCHOOL AVENUE AND
certain conditions specified WEST OF LOCUST AVENUE. G `O• No .. �U6r
hereinbelow, in and to the fol- rip pQp
lowing described property locat- ALLEY VACATION: '
ed in Washington County, Ar-
kansas: A PART OF BLOCK SEVEN was published in the regular daily issue of said newspaper for
(7), FERGUSON'S ADDITION
See Exhibit "A' attached hereto TO THE CITY OF FAYETT.E- Consecutive Insertions as follows:
and made a part hereof. VILLE, ARKANSAS, AS PER
PLAT OF SAID ADDITION ON G �j�
Section 2. The City of Fayette- FILE IN THE OFFICE OF THE The first insertion on the O 1 day of 19 t ( .
villa hereby reserves an ease- CIRCUIT CLERK AND EX-OF-
ment on, over, across and un- FICIO RECORDER OF WASH-
der the above described street INGTON COUNTY, ARKAN- the Second Insertion On the day Of 19
right,gf-way to construct, lay, SAS, BEING MORE PARTICU-
remove, relay, enlarge, and LARLY DESCRIBED AS FOL-
maintain public utility tines. Said LOWS: BEGINNING AT THE the third insertion on the da of 19
utility easement shall be for the NORTHWEST CORNER OF y
benefit of the electric power LOT ONE (1) OF SAID BLOCK
companies, telephone comps- SEVEN (7); THENCE SOUTH and the fourth insertion on the da of 19
ntes, gas companies, cable 290,00 FEET TO THE SOUTH- y —
companies, and the City of WEST CORNER OF LOT SIX
Fayetteville. (6) OF SAID BLOCK SEVEN
Section 3. Said vacation and (7)1 THENCE N89°25'01 ' E
abandonment of street contin12.00 FEET TOT HE POINT OF BEGINNING. THE ABOVE-
way and alley shall be coniine
gent on the applicant UbllShe General Manager
a plan acceptable to thea Street
ALL THAT PORTION OFA DESCRIBED TRACT BEING TWELVE (12) FOOT WIDE AL-
and Engineering Divisions to LEY LYING• SOUTH OF
accommodate the drainage cur. EIGHTH STREET AND `
rently on the Eight Street right- NORTH OF NINTH STREET, Swom to and subscribed before me on this lJ'1 / day Of
basedof-waand improvements RUNNING NORTH AND
based to that plan to be come SOUTH THROUGH THE CEN-
plated to the satisfaction of the TER OF BLOCK SEVEN (7)
Engineering Division. OF FERGUSON'S ADDITION
Section 4. That a copy of this TO THE CITY OF FAYETTE-
Ordinance duty certified by the VILLE, ARKANSAS
City Clerk shall be filed in the !!lilt ! ! ! ((!!!(!E!!!!!! �!!!
office of the Recorder of the r 1 it
County and recorded In the, 1 Notary public, State of Arkansas ;t Notary Public
Dead Records of the County. Washington County
My Commission Expire 1:
PASSED AND APPROVED 1 Y
this 21st day of October, 1997. MY CCommission ECCCCCCCC000CCCCZC
APPROVED: '
By: Fred Hanna, Mayer Fees for Printing . ..... ......... .. . .. .... ..... ..... .............$
ATTEST.
Cost of Proof................. .............. ....... ...... .. .......$
By: Traci Paul, City Clerk
Total.... ... ........... .. ... .... .. .. ... ... ......... ..... ....... .I......$
�d 38'00