HomeMy WebLinkAboutOrdinance 1499 FILED FOR RECORD ORDINANCE NO . Zy 10'. 4 SIMC6L Vril COUNTY AN ORDINANCE AMENDING ORDINANCE N0 . 10b Qk' ,iko R 24 , 1952 , TO RELEASE AN EASEMENT RESERVED TO THE CIT&.0 RCUIT C0��K L WHEREAS , by Ordinance No . 1038 , enacted November 24 , 1952 , the City Council of the City of Fayetteville , Arkansas , vacated and abandoned the following described alley in the City of Fayetteville , Arkansas : All that portion of a twenty ( 20 ) foot alley running north from Hazel Street to Holly Street in Block Two ( 2 ) of the corrected plat of South 680 feet , College Addition to the City of Fayetteville , Arkansas , as designated on the plat of said addition now appearing of record in the Plat Book at page 218 thereof in the office of the Circuit Clerk and ExOfficio Recorder for Washington County and WHEREAS , by Ordinance No . 1038 , the City Council reserved an easement over and across the above described alleyway for con- struction and maintenance of public utility lines , including the right to tunnel under any structures built on and across said alleyway , without liability in damages to the abutting property owners , and WHEREAS , it now appears that neither the City nor any public utility has ever utilized said reserved easement , and that no need for it is contemplated , and that the public interest will not be adversely affected by terminating said easement so as to permit full use of the property for construction purposes , NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : SECTION 1 . That Ordinance No : 1038 of November 24 , 1952 , is hereby amended by deleting in its entirety the reservation of an easement contained in Section 1 of said ordinance . SECTION 2 . That while it is believed that no utility lines now exist in said alley , as a condition to the termination of said reserved easement , the City shall be held harmless from any costs or damages involved in removing , relocating and relaying any public utilities which may be discovered in said alley during the course of construction . MiCROFILMER DATE. 0 + rigs REEL_y � 682 213 SECTION 3 . That this ordinance shall be in full force and effect from and after its passage , approval and publication . PASSED AND APPROVED this "'= day of ""` , 1966 . APPROVED : !T/� DO TRU O , JR. YOR ATTEST : - R OGE 3-/rIKVIS< CLERK rh >o� s arc /' w U82 PAE214 CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I, GEORGE J. DAVIS , City Clerk within and for the City of Fayetteville , Arkansas , do hereby certify that the annexed and foregoing is a true and correct copy of the therein set forth , and r the same is as it appears of Record in PROCEDURE OF CITY COUNCIL RECORD, Volume & at Page - D thereof. IN WITNESS WHEREOF , I have hereunto set FAYfTjF ,� my hand and affixed my official seal this \\ � . • .+.. Qf day of 1910. 9=--- 7� V . T City lerWo CERTIFICATE OF RECORD STATE OFARKANSAS ) Washington county ss. ' I, Lloyd McConnell, Circuit Clerk and Ex-Officio Recorder for Washington County, do hereby certify that the annexed or fpya. going in ent was filed�,�fQQQr rec bd�n my office on the tr. day of" " ' t . . , o'c ck!.h , and the same is duly recorded in . . . ro .. . . . . . . . . .ytr ord . .� . at page .a �� Witness my hand andseal this .Y. day of cull Clerk and Ex-Ottico Recod& STATE of ARKANSAS 1 J 88. County of Washington Iq I• ------ -- . _. Y--------------__ ---- ---------------------------_., hereby certify that am the (G neral Manager) of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at a fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City & County for a definite price for each copy, or a fixed price per annum, •� which price was fixed at what is considered the value of the publication, _ based upon the news value and service value it contains, that at least fifty �1 percent of the subscribers thereto have paid cash for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months ; and that the said newspaper publishers an average of more than forty percent news matter. I further certify that the legal notice hereto attached in the matter of --------------------------- ie was published in the regular daily issue of said newspaper for----------- wxeeeettve insertionle as follows: The first insertion on the --------__Z..pp _--------- day of ,��•_ the second insertion on the ____—______._______. day of ------------------__ 19___. d 't the third insertion on the '�- ---- day of ------------ 19— I and the fourth insertion on the da to Sworn to and subscribed before me on this day of - ,,nCTIOp l.nohutilwhileinesnne- p „M, IIf 1 it ed se, y„l01 sada. ----------------- 19---G- Ke linance .ist in Said alley, As a condition I the termination of Asia Teserved ,,moment, the City shall he held , -- ----- - - w�'�`� lrinleas from any costs or dam N ry Public ..em Involved In removing, relo• ; - ting and relaying an}• Public r1101ea which may he discovered Mid alley during the course of My Commission Expires: matructla”. SECTION athis o c ' 'limit be In fuit force and affect ' Y r.nn and after its Passage. aa. I .,.oval and publication PASSED AND APPROVED thio ! ;ni day of June. 11146. APPROVED Fees for Printing Na• or g ------ ;------� . O nov TRI Ino JR -- rr.ST i ORGF J . DAVIS a-n.. Cost of Proof ---------- $-_---------------_--- __ Total ---------- $----'ll-��