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Home My WebLink AboutOrdinance 4104 ORDINANCE NO. 4 AN ORDINANCE VACATING AND ABANDONING STREET RIGHT OF WAY LOCATED SOUTH OF 6TH STREET AND EAST OF HIGHWAY 71 AND FUTRALL DRIVE, AS REQUESTED BY CEI ENGINEERING ON BEHALF OF CRACKER BARREL IN VAC98-5 .00. WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate portions of streets and alleys which are not required for corporate purposes and, WHEREAS, City Council has determined that the following described right of way is a platted but unopened street right of way which 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 Council hereby vacates and abandons the following described property located in Washington County Arkansas, See Exhibit "A" attached hereto and made a part hereof. Section2. A copy of this ordinance duly certified by the City Clerk shall be in the Office of the Recorder of the County and recorded in the Deed Records of the County. PASSED AND APPROVED this 7h day of July 1998. APPROVED: By: Xot/ .y� red Hanna, Mayor ATTEST: —� p By: ;l,71zc u /z4a:zr.u� Hea�druff, City 69rk ; . fo - .? o - r/ ' tom' q I98461177 EXHIBIT "A" LEGAL DESCRIPTION FOR VAC 98-5.00 EXISTING STREETRIGHT-OF-WAY D .SCRIPTION- Being the Street right-of-way South of Lot 2 in Major Addition as shown on the final plat of Major Addition as recorded in Plat Book 14 at Page 47 in the County Recorder's Office, Washington County, Arkansas, more particularly described as follows: Beginning at the Southeast comer of said Lot 2; thence South 33 degrees 48 minutes 17 seconds East 60. 17 feet to the Northeast Comer of Lot 3 of said Major Addition; thence North 90 degrees 00 minutes 00 seconds West along the North line of said Lot 3 for 329.26 feet to the Easterly right- of-way line of U.S. Highway #71 bypass; thence North 20 degrees 55 minutes 16 seconds, West along said easterly right-of-way line for 53.53 feet to the Southwest corner of said Lot 2; thence South 90 degrees 00 minutes 00 seconds East along the South line of said Lot 2 for 314.89 feet (314.55 feet record) to the point of beginning, and containing 16, 104 square feet or 0.370 acres, more or less. 980611'78 I, Kathlagn UVORH@, dfrlsMt� a Gereby Rpgprdef far W44hInglOn GAIbh t odor rel to MY COA Athlo ImInimal was now dulY 011106 Indicated eand eNke reeardildwith lhe AlAkW0d80 thereon In Raoord Book and Pape as IndlCeted thereon• IN WITNESS WHEREOF• 1 have hereunto eet MY hand and affixed the Goal of said Court on lha date indl• sated hereon. Kathleen Iameae I oorcle Cireult Clerk end E11 by��— ORDINANCE-sNo. 41U4 AN ORDINANCE VACATING AND ABANDONING STREET RIGHT OF WAY LOCATED i SOUTH OF 6TH STREET AND EAST OF HIGHWAY 71 AND FUTRALL DRIVE, AS RE- QUESTED BYNEERING ON BEHIALF OF STATE OF ARKANSAS ENGI- AUL u I� � u CRACKER BARREL IN 1 VAC911-5.00. JJ SS. WHEREAS, the City Council County of Wd$f1lrlgtOfl • •• � uw�. L _ has the authority under A.C.A. §14-54-104 to vacate portions of streets and alleys which are not required for corporate pur- I, RANDALL COPE, hereby certify that I am the publisher of THE poses and, NORTHWEST ARKANSAS TIMES, a daily newspaper having a second WHEREAS, City Council has class mailing privilege, and being not less than four pages of five determined that the following columns each, published at a fixed place of business and at fixed (daily) described right of way is a plat- ted but unopened street right of intervals continuously in the City of Fayetteville, County of Washington, way which is not required for corporate purposes. Arkansas for more than a period of twelve months, circulated and NOW THEREFORE, BE IT OR- distributed from an established place Of business to Subscribers and DAINED BY THE CITY COON- readers generally of all Classes In the City and County for a definite price CIL OF THE CIN OF FAYET- for each copy, Or a fixed rice r annum, which rice was fixed at what 7EVILLE, ARKANSAS: PY P per P Section 1 That the City Council is considered the value of the publication, based upon the news value hereby vacates and abandons and service value it contains, that at least fifty percent of the subscribers the following described property thereto have aid for their subscriptions to the newspaper or its a ants located in Washington County P P9 Arkansas. 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 A copy of this ordi. nance duly certified by the City Clerk shall be in the Office of the Recorder of the County and I further certify that the legal notice attached in the matter of recorded in the Deed Records /� �y//� of the County. ( / (d/ / C'//// / l o . PASSED AND APPROVED this 7th day of July, 1998. I APPROVED; was published in the regular daily issue of said newspaper for By: Fred Hanna, Mayor consecutive insertions as follows: ATTEST;� I The first insertion on theday of 19 By: Heather Woodruff, City Clerk the second insertion on the day of 19 EXHIBIT "A LEGAL DESCRIPTION FOR the third insertion on the day of 19 VAC98-5.00 EXISTING STREET RIGHT- and the fourth insertion on the da of 19 OF-WAY DESCRIPTION Y Being the Street right-of-way South of Lot 2 in Major Addition M in shown on the final plat Major Addition as recorded in I Plat Book 14 at Page 47 in the "Publisher / General Manager County Recorder's Office, / Washington County, Arkansas. more particularly described as follows: Sworn to and subscribed before me on this (2� ///�/ Beginning at the Southeast cor- ner of sed Lot 2, thence South r \ n��` 1g 33 degrees 48 minutes 1t sec- `/.Ir X / o onds East 60. 17 feet to the Northeast Corner of Lot 3 of said Major Addition; thence !!!!!l!!!!!!!![!llKlll! !!! f IP North 90 degrees 00 minutes i!! cine Sall 00 seconds West along the North line of said Lot 3 for 329.26 feet to the Easterlylop OU right-of-way line of U.S. High- r Waslnng 7f05 r(NotaryPublic way d71 bypass; thence North My Commission Expires: ` M ComlRissioD Expt � cccc!! 20 degrees 55 minutes 16 am- onds West along said easterly kvL4(tc right-of-way line for 53.53 feet to the Southwest comer of said Lot 2; thence South 90 degrees 00 minutes 00 seconds East Fees for Printing .... ..... .. ... .... ... .......... .......... .. ....$ along the South line of said Lot 2 for 314.89 feet (314.55 feel record) to the point of begin- Cost of Proof. .. ........ .... .. ....... ..... ............ ... ..... ... .$ sing, and containing acres. 6, 104 square feet or ming acres, moreor Tess. - -- - - - - Total.... .. ........ ...... ....... .. ... .. .... ... .. ... ... ..... .... ........$