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HomeMy WebLinkAboutOrdinance 4117 FILED FOR RECORD 98 SEP 10 RM 10 90 ORDINANCE NO. t,LU WASHINGTON CO AR _ K . HARNESS AN ORDINANCE VACATING AND ABANDONING A PORTION OF AN UTILITY EASEMENT LOCATED AT 2911 BIRDIE DRIVE, PARADISE VIEW ESTATES, PHASE I. LOT I, AS REQUESTED BY LYLE AND KELLEY NICHOLSON IN VA98-10.00. 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: S ctionl. 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 18d' day of August 1998. ;31 APPROVED: } ap Y Byj�k'�l�ru� Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerkf � A07819CID) EXHIBIT "A" A part of Lot 1 , Block 3 of the Final Plat of Paradise View Estates in Fayetteville, Washington County, Arkansas, as recorded in the Circuit Clerk's Office, more precisely described as follows: Starting at the Southeast Comer of said Lot 1 ; thence South 89°17'28" West 26.03 feet; thence North 15°26'01 " East 62.72 feet to the true point of beginning; thence along the building setback line North 15°26'01 " East 23. 17 feet; thence along the East edge of the house South 00°51 '32" East 22.24 feet; thence along the South edge of the house South 89008'26" West 6.50 feet to the true point of beginning containing 72.30 square feet or 0.002 acres more or less. 98076199 I, Kathleeo Hampig, Clrgull Clerk and 5x-OMCio Recorder for Washington County, Arkansas, do hereby certify that this Instrument was filed for record In my office as Indicated hereon and tho came is now duly recorded with the ec,nowlsdnemant and certificate thereon In Record Book and Pago as Indicated thereon. IN WITNESS WHEREOF. 1 have hereunto set my hand and affixed the seal of said Court on the date indi- cated hereon. Kathleen Harness Circuit Clof z� .:officlo Recorder In, t . STATE OF ARKANSAS SS. County of Washington r ORDINANCE NO. 4.117 - North 15°26'01 " East 23. 17 I, RANDALL COPE, herebycertify that I am the publisher of THE feet; thence along the East Y AN ORDINANCE VACATING edge of the house South , NORTHWEST ARKANSAS TIMES, a daily newspaper having a second AND ABANDONING APOR- 00051 '32" East 22.24 feet: . Class mailingprivilege, and being not less than four pages TION OF AN UTILITY 'EASE- thence along the South edge of P 9 9 p g S of five MENT LOCATED AT 2911 the house South 89°08'26" columns each, published at a fixed place of business and at fixed (daily) BIRDIE DRIVE, PARADISE West 6.56 beginning fasttothe true 2.30 intervals continuous) in the Cit of Fayetteville, Count of Washington, VIEW ESTATES, PHASE 1 , of beginning containing 72.30 Y Y Y Y 9 LOT 1 , AS REQUESTED BY square feet or 0.002 acres Arkansas for more than a period of twelve months, circulated and LYLE AND KELLEY NICHOL- more or less. SON IN VA98-10.00. distributed P buted from an established lace of business to subscribers and � — readers generally of all classes in the City and County for a definite price WHEREAS, the City Council for each co or a fixed rice r annum, which rice was fixed at what has the authority under A.C.A. PY. P P8 P §14-54-104 to vacate public is considered the value of the publication, based upon the news value grounds portions thereof as for and service value it contains, that at least fitt rcent of the subscribers may not far the timerbeing Da y pe required for corporate purpos- thereto have paid for their subscriptions to the newspaper or its agents as: and or through recognized news dealers over a g cog period of at least six months WHEREAS, the City Council and that the said newspaper publishes an average of more than forty has determined that the follow- percent news matter. ing described utility easement pe is not required for corporate purposes. NOW, THEREFORE, BE IT I furthA certify thatthe legal notice attached in the matter of ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLLLE, ARKANSAS: Section 1 . That the City of j Fayetteville, Arkansas, hereby was published in the regular daily issue of said newspaper for r vacates and abandons all of as right together with the rights of consecutive insertions as foil WS: the public generally, in and to �nJ� the fallowing described utility / easement; The first Insertion On the , LQ2day of 19 See Exhibit 'A" allached hereto and made a pan hereof. the second Insertion on the day of 19 _ Section 2 That a copy of this Ordinance duty certified by the the third insertion on the day Of 19 City Clerk shall be filed in the office of the Recorder of the County and recorded 1 the and the fourth insertion on the day of 19 Deed Records of the County. PASSED AND APPROVED this 18th day of August, 1998. APPROVED: Publis / General Manager By; Fred Hanna. Mayor ATTEST Sworn to and subscribed before me on this � By: HeaHeather / day of Woodruff, City Clark 01 EXHIBIT "A' VA98-10.00 19 A part of Lot 1 , Block 3 Final Plat of Paradise Vieww Es.Es- tates in Fayetteville, Washing- ton County, Arkansas, as re- !!!!!!!!!!!!!!! Sat) . Notary Public C91 - - - corded in the Circuit Clerk's Of. (ice, more precisely described My COmmissiOn EXpi 'S: Catherine Kansas as follows; Starting at the �t Notary County r Southeast Comer of said Lot 1; thence South 89°17128" West r Washington fres 0?127105 ' 26.03 feet; thence North Commission 1:1 15°26'01" East 62.72 feet to the true point of beginning; thence Fees for Printing . ... along the building setback line Costof Proof... .... ..... .. ... .... .......... .......... ..... ... ....$ �J //� Total. ... .. ... ......... .. ... .... ..... ... .. .... ... ..... ..... ... ........ .$ r / 0