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Home My WebLink AboutOrdinance 4101 ♦ J ORDINANCE NO. 4101 m AN ORDINANCE VACATING AND ABANDONING THAT n - PROPERTY DESCRIBED IN VACATION PETITION VAC98-7.00 x On FOR A UTILITY EASEMENT LOCATED ON LOTS 8 AND 9 ON x z ry EMERALD SUBDIVISION (PHASE 1), AS REQUESTED BY J.B. o AND OMA HAYS; AND ADDING A 15 FEET UTILITY m o EASEMENT LOCATED IN PHASE II OF EMERALD n 3 SUBDIVISION. o 70 Cn o s WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public grounds or portions thereof which are not 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 attached hereto marked Exhibit "A" and made a part hereof. Section 2. That the following described 15 foot utility easement attached hereto marked Exhibit "B" and made a part hereof is hereby dedicated in Phase II of the Emerald Subdivision. Section 3 . 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 I & day of June , 1998. `!4 •• " " APPROVED: . `•. By: Na� E•2ztl ` .?: , . Fred Hanna, Mayor T ATTEST: By: Heather Woodruff, City 9erk 9806117" EXHIBIT "A" LEGAL DESCRIPTION FOR VAC 98-7.00 Legal Description - I itility Easement being vacated on I lot R: Part of Lot 8, Emerald Subdivision, Phase I, Fayetteville, Arkansas, as per subdivision plat record 12-32, being more particularly described as follows: Commencing at the NW comer of said Lot 8, thence East 25.00 feet, thence South 00 degrees 40 minutes 12 seconds West 10.00 feet to the point of beginning, thence east 106.46 feet, thence South 15.00 feet, thence West 106.63 feet, thence North 0 degrees 40 minutes 12 seconds East 15 .00 feet to the point of beginning. Legal Description - Utility Easement Being Vacated on Lot 9: Part of Lot 9, Emerald Subdivision, Phase I, Fayetteville, Arkansas, as per subdivision plat record 12-32, being more particularly described as follows: Commencing at the NE comer of said Lot 9, thence West 20.00 feet, thence South 00 degrees 18 minutes 00 seconds West 10.00 feet to the point of beginning, thence West 115.69 feet, thence South 15.00 feet, thence East 115 .77 feet, thence North 00 degrees 18 minutes 00 seconds East 15.00 feet to the point of beginning. 98061173 EXHIBIT B Legal Description 15 Foot i itility_Easement Dedication Part of the Northwest Quarter of the Southeast Quarter of Section 35, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast Comer of said Northwest Quarter of the Southeast Quarter, thence South 89 degrees 50 minutes 00 seconds West 336.86 feet, thence South 00 degrees 36 minutes 00 seconds East 656.21 feet to the point of beginning, thence South 00 degrees 36 minutes 00 seconds East 15.00 feet, thence West 411 .67 feet, thence North 15.00 feet, thence East 411 .51 feet to the point of beginning. All being in the City Limits of Fayetteville, AR. 98061174 ItalNig d Ntitngab 19 ' all dlere dAd tiYePaeby R®bard6r`�r Wda,NlR�lan Pr?Ianry led gems, do hereby 618@"ly I At e IRg NR �nf cyan iilad tar reegrd In my alilA�6E(i 10. 115a Rong. fedoem ntAnd ceNricattee theFa9R R p,Wrd ®Ao4 And 0490 ae indicated thereon. IN WITN956 Wr1E.6!'.Cn I have hereunto oat my hand and ?faxedilhg gael of geld Coag on the date Inds. Gated homn, t Kethlaen Namesc Cl cult Clerk and @xafaolo r r by ORDINANCE NO. 4101 , AN ORDINANCE VACATING AND ABANDONING THAT R y ` y L ✓ PROPERTY DESCRIBED V VACATION PETITION VAC98. rl 8- . 7.00 FOR A UTILITY EASE- MENT LOCATED LOTS 8 AND 9 O EMERALD OTS a STATE OF ARKANSAS l JUL 0 8 1003 VISION (PHASE 1), AS RE- QUESTED BY J. B. AND OMA SS. HAYS; AND ADDING A 15 County of Wa :ri L FEET UTILITY EASEMENT J} shington LOCATED IN PHASE II OF EMERALD SUBDIVISION WHEREAS, the city Council I, RANDALL COPE, hereby certify that I am the publisher of THE has the authority under A.C.A. NORTHWEST ARKANSAS TIMES, a daily newspaper having a second §14-54-104 to vacate public - LEGAL DESCRIPTION FOR class mailing privilege, and being not less than four pages of five grouwhich are of portions forcerf vac se-7.00 columns each, published at a fixed place of business and at fixed (daily) which ere not portions for roof ' POrale purposes; and Legal Dem ' t' - Ul'I'N E tig intervals continuously in the City of Fayetteville, County of Washington, WHEREAS, the City Council mentbeing vacated onLolB has determined that he follow- Arkansas for more than a period of twelve months, circulated and Part of Lot 8, Emerald Subdivi- distributed from an established place Of business tO subscribers and Ing described utility easement sion, Phase 1, Fayetteville, Ar- is not required for corporate kansas, as per subdivision plat readers generally of all classes in the City and County for a definite price Purposes. record 12-32, being more par. for each copy, or a fixed rice r annum, which price was fixed at what titularly described as follows: PY P per P NORDAINED BY THE OW, THEREFORE, BE IT Commencing at the NW corner is considered the value of the publication, based upon the news value CITY of COUNCIL OF HE CITY OF feel hence South 00 degrees and service value it contains, that at least fifty percent of the subscribers FAYEITEVILLE, ARKANSAS: 40 minutes 12 seconds West thereto havetions to the newspaper aid for their subscriptions 10.00 feet to the point of begin- FP P WSpaper or its agents Sect.on t That the City of ring, thence east 106.46 feet, or through recognized news dealers over a period of at least six months ayetteville; Arkansas hereby thence South 15.00 feet, vacates and abandons all of its thence West 106.63 feet, and that the said newspaper publishes an average of more than forty rights together Mh he rights of thence North 0 degrees 40 mi- percent news matter. the public generally, in and to nutes 12 seconds East 15.00 the following described utility feet to the point of beginning. easement attachetl hereto marked Exhibit `A' and made a Loral Description - Utility Ease- Part hereof. ment vacated on Lot 9 1 further ce 'fy that the legal notice attached in the matter Of $acli0fLZ That the following Part of Lot 9, Emerald Subdivi- described 15 toot utility ease. sion, Phase 1, Fayetteville, Ar- mens attached hereto marked kansas. as per subdivision plat Exhibit, .B- and made a part recortl 12-32, being more par - hereof s hereby dedicated in ticularly described as follows: / Phase II o. the Emerald Subdi. Commencing at the NE cornet was published in the regular daily issue of said newspaper for vision. of said Lot 9, thence West consecutive insertions as fol WS' 20.00 feet, thence South 00 de- Ordinance a That a copy of this grees 18 minutes 00 seconds Clark nce tle f certified by City West 10.00 feet to the point o. The first insertion on the f� day of 19 Clerk shall be filed in the office beginning, thence West 115.69 Of the Recorder of the County feet, thence South 15.00 feet, and recorded in the Deed Re- thence East 115.77 feet, hence cents of the County. North 00 degrees 18 minutes the second insertion on the day of 19 00 seconds East 15.00 feet the PASSED AND APPROVED point of beginning. this 16th day of June, 1998. the third insertion on the day of 19 APPROVED: EXHIBIT B By: Fred Hanne, Mayor Legal Description and the fourth insertion on the day of 19 ATTEST.. 15 Foot Utility Easement D di- G=n By: Heather Woodruff, City part of he Northwest Quarter of Clerk the Southeast Quarter of Sec- EXHIBIT OA' tion 35. Township 17 North, Publisher I eneral Manager Range 30 West, Washington particlows; Co described t fol- Swom to and subscribed before me on this t� � day of lows; Commencing et the Northeast Comer of saitl North- west Quarter of the Southeast Guenter, thence South 89 de- 19 1 grees 50 minutes 00 seconds West 336.86 feet, thence South 00 degrees 36 minutes 00 sec- onds East 656.21 feet to the !!!!!!!! !?I < point of beginning, thence t ! ! !!! !! ! South 00 degrees 36 minutes 00 seconds East 15.00 feet, r N 1 Notary Public thence West 411 .67 feet, OtarYPubtic, StateOfArkansas thence North 15.00 feet, thence My Commission Expires , Wachinuh,nr East 411.51 feet to the point of /�� beginning. All being in the City r MY W]Tlnjisti0n Expires 01/2710 t Limits of Fayetteville, AR. (titCttt(tt4tt(««tt<c(tc(t<t q� Fees for Printing . ..... ......... ... ...... ..... ..... ... ...... ....$ Costof Proof. .. . ... .. .. . .. ... ... . .. ... ..... .... ... '. ... ... .. . .. ..$ Total. .. ... ..... .... .. ... . ... .. ..... ... .... ..... . ....... .... ... ........$