HomeMy WebLinkAboutOrdinance 4126 ORDINANCE NO, 4126 co
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AN ORDINANCE VACATING AND ABANDONING A x a
RESERVED UTILITY EASEMENT ON, OVER, ACROSS AND
UNDER THE NORTHERN 20 FEET, THE WESTERN 20 FEET, a " s70
AND THE EASTERN 15 FEET OF A PREVIOUSLY VACATED ;=; —
AND ABANDONED STREET RIGHT OF WAY BETWEEN � o 0
LOTS 21 AND 23 OF THE COLT SQUARE SUBDIVISION v `'' o
CONTINGENT UPON THE DEDICATION OF A STREET cin
RIGHT OF WAY ALONG THE SOUTHERN PORTION OF LOT
21 OF COLT SQUARE SUBDIVISION.
WHEREAS, the Fayetteville City Council by Ordinance No. 3835 vacated a 50 foot
reserved street right of way to ac ted between Lots 21 and 23 of the Colt Square; and
WHEREAS, such vacation reserved a utility easement along and/or through such right of
way; and
WHEREAS, such reserved utility easement was granted in error and/or is no longer
required for corporate purposes; and
WHEREAS, the City Council has the authority under Ark. Code Ann. § 14-54-104 to
vacate public grounds which are 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 all of its right together
with the right of the public generally in and to the utility easement reserved in Ordinance No. 3835
filed on October 24, 1994 in Washington County, Arkansas and located in Washington County,
Arkansas and more properly described as follows:
See Exhibit A attached hereto and made a part hereof.
Section 2. As a condition of the aforementioned vacation and abandonment of said
utility easement, a street right of way shall be granted to the City of Fayetteville to run along the
Southern portion of Lot 21 of Colt Square Subdivision, as described more fully in Exhibit A above.
Section 3. 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 17day of 1998.
Page 2
Ordinance No. 4126
' APPROVED:
%v
Fre Hanna, Mayor
ATTEST:
By: `Y�/� � �yu��
iHeather Woodruff, Ci�aty Clerl��
9®1061149
EXHIBIT A
The Northern 20 feet, the Western 20 feet and the Eastern 15 feet of the property
described below:
The South 25' of Lot 23 and the North 25' of Lot 21 of Colt Square in Fayetteville,
Arkansas as per plat on file in the Office of the Circuit Clerk and Ex-Officio
Recorder of Washington County, Arkansas and being more particularly described
as Commencing at the N. E. Corner of Lot 23 thence S 0°42'48"W 230.82 Feet to
the P.O.B., thence S 0°42'48"W 50.00 Feet, thence S 89°46'07"W 115 .75 Feet,
thence along a curve to the left 52.34 Feet, said curve having a radius of 50.00 Feet
and an interior angle of 59°59'27" thence N 89°46'07"E 115 .34 Feet to the P.O.B.
98106 00
Ir Kelhlppn rrr:rnr..e ron•. ry a�sr¢ -:N`-i Ex.ofi101e
Reorxder fr•rV15:.. .; ;_::, z4:,„: do hereby
certity that the IOurPnrE, n•aa, al,j !; rm
r r; rd in my
office as Indic:rad nereor and :rrn AliTi o 5 now duty
recorded kiln file r•rd certificate
thereon In Record Book Rnd nape %u Ino.ceted thereon.
IN WITNESS WHERFSIF I h, I .rounto set my
hand and enxad the soar of saw cad t on the date indi-
cated hereon.
Kathleen Hamnen
Circuit C'
by 'rX nd `X. Ifca RecorderMa
3 ti LL�.S
ORDINANCE NO. 4126 STATE OF AMWR FI L M
AN ORDINANCE VACATING EXHIBIT - VP09 1998
AND ABANDONING A RE- The Northern 20 feet, the West- Washington
SERVED UTILITY EASEMENT County of Washin ton .��/1[
ON, OVER, ACROSS AND UN- am 20 feet and the Eastern 15 r11�r71�11L .
DER THE NORTHERN 20 feet of the property described r1
FEET, THE WESTERN 20 below: I, JEFF JEFFUS, hereby certify that am the publisher of THE
FEET, AND THE EASTERN 15 The South 25' of Lot 23 and the - NORTHWEST ARKANSAS TIMES, a daily a having a second class
FEET OF A PREVIOUSLY VA-
CATED AND ABANDONED North 25' of Lot 21 of Coll g privilege,e
inl
STREET RIGHT OF WAY BE- Square in Fayetteville, Arkan- maig , and being not less than four pages of five columns each,
TWEEN LOTS 21 AND 23 OF sas as per plat on file in the of- published at a fixed place of business and at fixed (daily) intervals
THE COLT SQUARE SUBDIVI- fice of the Circuit Clerk and Ex-
SION CONTINGENT UPON Officio Recorder of Washington continuously in the City of Fayetteville, County of Washington, Arkansas for
THE DEDICATION OF A County, Arkansas and being more than period of twelve months, circulated and distributed from an
STREET RIGHT OF WAV more particularly described as mrn a P
ALONG THE SOUTHERN Commencing at the N.E. Cor- established place of business to subscribers and readers generally of all
PORTION OF LOT 21 OF ner of Lot 23 thence S
COLT SQUARE SUBDIVI- 0042'48"W 230.82 Feet to the classes in the City and County for a definite price for each copy, or a fixed
SION. P.O.B. , thence S 0042'48"W rice per annum, which rice was fixed at what is considered the value of the
50.00 Feet, thence S P P P
WHEREAS, the Fayetteville 8946'07"W 115.75 Feet, publication, based upon the news value and service value it contains, that at
City Council by Ordinance e- thence along a curve to the left least fifty percent of the subscribers thereto have aid for their subscriptions
3835 vacated a 50 foot re- 52.34 Feet, said curve having ft ��r p p
radius of 50.00 Feet and an in- i;. ,'
served street right 1 way beat. to the newspaper or its agents or through recognized news dealers over a
ed between Lots 21 and 23 of tenor angle of 59059'27" thence
the Coli Square: and N 89046'07"E 115.34 Feet to period of at least six months and that the said newspaper publishes an
the P.O.B. - - average of more than forty percent news matter. f
WHEREAS, such vacation re-
served a utility easement along I> '
and/or through such right of
way: and I furthepiqedify that the legal notice attached in the matter of
WHEREAS, such reserved uuil.
ty easement was granted in er-
ror and/or is no longer required -
for corporate purposes: and
was published in the regular d ily issue of said newspaper for -L- j: ::
WHEREAS, the City Council r. .
has the authority under Ark. consecutive Insertions as f II
Code Ann. §14.54-104 to va-
cate public grounds which are
not required for corporate pur- The first insertion on the day of 19 y
poses.
NOW, THEREFORE, BE IT the second insertion On the day of 19
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS: j, the third insertion on the day of 19 — I'
Section 1. That the City Council IL
hereby vacates and abandons the fourth insertion on the a Of 19 I-
all of its right together with the y ••:
right of the public generally in
and to the utility easement re-
served in Ordinance No. 3835 � ' •
filed on October 24, 1994 in � '.
Washington County, Arkansas General Manager
and located in Washington
County, Arkansas and more Sworn to and subscribed before me on this da of
property described as follows:
See Exhibit A attached hereto I :(
and made a part hereof. 19 —
I
Section 2. As a condition of the "`p «� « 7 2� r
aforementioned vacation and S
abandonment of said utility r r I ,:
easement, a street rigor of way Notary Public, State of Arkansas 1 Notary Public
shall be granted to the City of r Washington County 1 `'
Fayetteville to run along the
Southern portion of Lot 21 of My Commission Expires:
Cat Square Subdivision, as de- �uccccttcccuccccccccccttcccccc<cc < <
scribed more fully in Exhibit A
above.
Section 3. A copy of this ortli- Fees for Printing.......................................................$
nance duty certified by the City
Clerk Shall be filed in the office
of the Recorder of the County Cost of Proof.............................................................$
and recorded me deed re-
of the c
cords of the county.
Total..........................................................................$
PASSED AND APPROVED !'.
n this 17th day of November, - - -
1998.
APPROVED:
By: Fred Hanna, Mayor
ATTEST:
By: Heather Woodruff, City
Clerk
I'
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