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Home My WebLink AboutOrdinance 4112 r FILED FOR RECORD 098 AUG 13 PI4 1 43 WASHINGTON CO AR K . HARNESS ORDINANCE NO, 4112 AN ORDINANCE VACATING AND ABANDONING A PORTION OF AN UTILITY EASEMENT LOCATED AT 2097 HAILEY DRIVE, AS REQUESTED BY RICHARD RUSH INVA98-8.00. 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: 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 41h day of August , 1998. APPROVED:: , By:�/� Fred Hanna, Mayor ATTEST: Heather Woodruff, City erk r114rNr/r o`Pl�t i f- fir ; � f2V V:.. . 4 9806946 EXHIBIT "A" LEGAL DESCRIPTION FOR VA 98-8.00 Legal Description ,: A part of Lot numbered Seventeen (17), Madison Avenue Subdivision in 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 follows: Commencing at the northwest corner of said Lot Seventeen ( 17), said point being a set iron on the right of way of Hailey Drive; thence South 54 degrees 11 minutes 36 seconds West along the boundary between Lots Seventeen ( 17) and Sixteen ( 16) 27.47 feet; thence South 34 degrees 48 minutes 24 seconds East 8.27 feet to the existing roof overhang at the northwest corner of the house; thence South 34 degrees 14 minutes 16 seconds West along the roof overhang on the west side of the house 5.08 feet to a point on the southerly line of a ten (10) foot utility easement; thence North 54 degrees 11 minutes 36 seconds East along the southerly line of said utility easement 5.40 feet to the roof overhang on the North side of the house; thence North 55 degrees 45 minutes 56 seconds West along said roof overhang 1 .84 feet to the point of beginning. 98069464 I, Kathleen Hareees, Qv,,ylr C,fa:4 And ':a-otllcio Recorder for Washington County, Arkansas, do hereby oettffy that this instrument was filed for record in my office as indicated horeon and the some is now duly recorded with the acknowiadgement and certificate 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- cated hereon. Kathl en Harness Circ I rk and Ex-officio Recorder b A ORDINANCE NO. 4112 STATE OF ARKANSASSS. AN ORDINANCE VACATING EXHIBIT "A"— County of Washington AND ABANDONING A POR- TION OF AN UTILITY EASE- LEGAL DESCRIPTION FOR HENT LOCATED AT 2RE- VA 98-8.00 I, RANDALL COPE, herebycertify that I am the publisher of THE MENTHAILE 'DRIVE, AS 097 y QUESTED BY RICHARD Least Description: NORTHWEST ARKANSAS TIMES, a daily newspaper having a second RUSH INVA98-8.00. Apart of Lot numbered Seven- class mailing privilege, and being not less than four pages of five WHEREAS, the City Council teen (17), Madison Avenue columns each, published at a fixed place of business and at fixed (daily) has the att104 t riry antler A.C.A. Subdivision in the City or Fayplat of Intervals continuous) In the tilt of Fayetteville, Count Of Washington, §14-54-104 to vacate public teville, Arkansas, as per plat of y y y y g grounds or portions thereof said subdivision on file in the Arkansas for more than a period of twelve months, circulated and which are not required for cor- Office of the Circuit Clerk and porate purposes: and ex-officio recorder of Washing- distributed from an established place of business to subscribers and ton County, Arkansas, being readers generally of all classes in the City and County for a definite price WHEREAS, the City Council more particularly described as has determined that the follow. follows: Commencing at the for each copy, or a fixed price per annum, which price was fixed at what ing described utility easement northwest corner of 'said Lot is considered the Value of theublication, based upon the news value is not required for corporate Seventeen (17), said point be- P PO ,purposes. ing a set iron on the right of and service value it contains, that at least fifty percent of the subscribers way of 4 deer es 11; thence thereto have aid for their subscriptions to the newspaper Or Its agents NOW, THEREFORE, BE I7 South 54 degrees 11 minutes P P wSpaPe ORDAINED BY THE CITY 36 seconds West along the or through recognized news dealers over a period of at least six months COUNCIL OF THE CITY OF boundary between Lots Seven- FAYETTEVILLE, ARKANSAS: teen (17) and Sixteen ( 16) and that the said newspaper publishes an average of more than forty 27.47 feet; thence South 34 de- percent news matter. Section 1 . That the City of grees 48 minutes 24 seconds Fayetteville, Arkansas hereby East 8.27 feet to the existing vacates and abandons all of its roof overhang at the northwest rights together with the rights of corner of the house; thence the public generally, in and to South 34 degrees 14 minutes I further certify that the legal notice attached in the matter of the following described utility 16 seconds West along the roof �I easement: overhang .n the west side of n LAO O 5 the house feel to s point , ! � (i See Exhibit "A' attached hereto on the southerly line of a ten and made a part hereof. ( 10) foot utility easement; thence North 54 degrees 11 mi- was published in the regular daily issue of said newspaper for Sect on 2, That a copy of this nutes 36 seconds East along consecutive insertions as follows: Ordinance duly certified by the the southerly line of said utility City Clerk shall be filed in the easement 5.40 feet to the roof /1 office of the Recorder of the overhang on the North side of The first insertion on ithe L County and recorded in the the house; thence North55 de- day of 19 Deed Records of the County. grees 45 minutes 56 seconds West along said roof overhang the second insertion on the PASSED AND APPROVED 1 .84 feet to the point of begin- day Of 19 this 4th day of August. 1998. ning. APPROVED: - _ _. the third insertion on the day of 19 By: Fred Hanna. Mayor and the fourth insertion on the day of 19 _ ATTEST: By: Heather Woodruff, City Clerk Publisher General Manager Swum to and subscribed before melon this t.2 day of i 19?S— rar rrrrrrarrrrrrcrrnrr rrr r'n 1 ' Washington CoU n ary Public My Commission Expires: My Commission Expires 02127/05) «cccccccc Fees for Printing . ... .. ..... .... ... ...... .. . ....... . .. ..........$ I bV Cost of Proof... .... .. ... .. ....... .. ........ .... ..... ........ .....$ Total. .. ... ..... .... .. ... .... ..... .. ... . ..... ... . ........ ... ... .. ..... .$ I I 0