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HomeMy WebLinkAboutOrdinance 4116 i� FILED FOR RECORD ORDINANCE NO. 4116 ' 98 SEP 10 AM 10 40 WASHINGTON CO AR K . HARNESS AN ORDINANCE VACATING AND ABANDONING A PORTION OF AN UTILITY EASEMENT LOCATED AT 2394 BIG OAK DRIVE, LOT 4 BLOCK 10 OF THE EAST OAKS SUBDIVISION, PHASE II, AS REQUESTED BY JOHN AND LESLEY GREEN IN VA98-9.00. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate 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 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 18'" day of August , 1998. APPROVED: By: t " red Hanna, Mayor t ; • ATTEST: By: vr4 .c 0(z� str�i��� 7 Heather Woodruff,City�� sl 9807820, EXHIBIT "A" ✓X V 090 A part of Lot 4, Block 10 of the Final Plat of East Oaks Subdivision Phase 2 in Fayetteville, Washington County, Arkansas, as recorded in the Circuit Clerk's office, more precisely described as follows: Starting at the Northeast Corner of said Lot 4; thence South 00 degrees 14 minutes 53 seconds east 25.00 feet; thence South 89 degrees, 46 minutes, 37 seconds West 77.25 feet to the true point of beginning; thence along the building setback line, South 89 degrees 46 minutes 37 seconds West 37.55 feet; thence along the West edge of the house North 00 degrees 34 minutes 48 seconds West 2.86 feet; thence along the North edge of the house, North 89 degrees 00 minutes 00 seconds east 3.30 feet to the true point of beginning containing 115 .73 square feet or 0.003 acres more or less. 980?8203 I, Kathla®n Fla[7r±as, 61hrf111 k!leik and EY.ottlals Recerder for Washington CoArkansas, do hereby certify that this instrument was filed for record In my 0Rice as indiaoted horaon and the same Is now duly t and certificate thereondIn Reco d Book and P g 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. Kathleen Harness Circuit Clerk._nd E ofticlo Reconle ORDINANCE N0. 4116 STATE OF ARKANSAS AN ORDINANCE VACATING AND ABANDONING A - S EASES. TION OF AN UTILITY EASE- MENT LOCATED AT 2394 BIG County of Washington .OAK DRIVE, LOT 4 BLOCK 10. OF THE EAST OAKSSUBDI- VISION, PHASE It, AS RE- QUESTED BY JOHN AND I, RANDALL COPE, hereby certify that I am the publisher of THE LESLEY GREEN IN VA98- NORTHWEST ARKANSAS TIMES, a daily newspaper having a second 9.00. class mailing privilege, and being not less than four pages of five WHEREAS, the City Council columns each, published p (daily) has the authority under A.C.A. p lished at a fixed lace Of business and at fixed dail §14-54-104 to vacate public intervals continuously in the City of Fayetteville, County of Washington, grounds or portions thereof as may not for the time being be Arkansas for more than a period of twelve months, circulated and anfar corporate parpoa- es: and p distributed from lace of business to subscribers and es: d rom an es WHEREAS; the City Council readers generally of all classes in the City and County for a definite price has determined that the follow- for each copy, or a fixed price per annum, which price was fixed at what Inn described utility easement is not required for corporate p aseu{�is considered the value of the publication, based n the news value Purposes. and service value it contains, that at least fifty percent of the subscribers NOW, THEREFORE, . BE IT thereto have paid for their subscriptions t0 the newspaper or Its agents ORDAINED BY THE CITY or through recognized news dealers over a period of at least six months COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: and that the said newspaper publishes an average of more than forty Z., percent news matter. Section 1 . That the City of i Fayetteville, Arkansas hereby vacates and abandons all of its rights together with the rights of the public generally, in and to I further rtify that the legal notice attached in the matter of the following described utility �� easement; See Exhibit 'A" attached hereto and made a part hereof. Section 2. That a copy of this was published in the regular daily issue of said newspaper for Ordinance duly certified b the consecutive insertions asfo OWS: City Clerk shall be filed in the office of the Recorder of the County and recorded i the The first insertion on the day of 19 Deed Records of the County. PASSED AND APPROVED the second insertion on the day of 19 _ this 18th day of August, 1998. APPROVED: the third Insertion on the day of 19 By: Fred Hanna, Mayor ATTEST: and the fourth insertion on the day of 19 _ By: Heather .Wood ruff, City Clerk EXHIBIT "A" VA98-9.00 A part of Lot 4, Block 10 of the Publisher eneral Manager Final Plat of East Oaks Subdivi- sion Phase 2 in Fayetteville, Washington County, Arkansas. as recorded in the Circuit Sworn to and subscribed before me on this day of Clerk's office, more precisely t Northeast as follows; Starting the Northeast Corner of said Lot 4; thence South 00 degrees 19 14 minutes 53 seconds east 25.00 feet; thence South 89 de- I e46 minutes, 37 seconds W Westst i 76 mfeet to the true point of beginning; thence along the building setback line. South 89 degrees 46 minutes �� Catherine Sall Notary Public 37 seconds West 37.55 feet; My Commission Explre � 1 thence along the West edge of ), ' • late of Arkansas , the house North 00 Degrees 34 Washington County 1 minutes 48 seconds West 2.86 feet; thence along the North tafy Commission FxPires 02I27M51 edge Of the house, North 89 de- •(((((((((((((q((((((K(((((((( / grees 00 minutes 00 seconds Fees for Printin east 3.30 feet to the true point g . .. ... .... .... ... .. .... ... .. ... .. ... . •$ of beginning containing 115.73 square feet or -0.003 acres Cost of Proof.... .. ..... ......... ... .... ..... ..... ....... .... .....$ more or less. , I• ' Total... .... ..... ......... .. . .. ..... . ... .. ....... ............. . .. .....!$