HomeMy WebLinkAboutOrdinance 1568 ORDINANCE NO . A � �/ FILED F uR iXE� Lmu
AN ORDINANCE VACATING AND ABANDONING A PORTION OF MAPLE STREET
IN EAST MOUNT AND MOUNTAIN VIEW ADDITIONS TO THE CITY i�F
$ FAYETTEVILLE , ARKANSAS . % : J0 , MrFcj7
tl`t tY SN ::c rr r rrnryTY
p, WHEREAS , a petition was duly filed with the Board o Directd s
`l t.w
of the City of Fayetteville , Arkansas , on the 18th day ofMSep-t . ,
1967 asking the Board of Directors to vacate and abandon CIWITCLERK
following portion of Maple Street located in East Mount, : t and
Mountain View Additions to the City of Fayetteville , Arkansas , to-wit :
A thirty ( 30 ) foot street lying adjacent to and along
the South side of Lots 1 , 2 , and 3 in Block 9 of the
Revised Plat of Mountain View Addition to the City of
Fayetteville , Arkansas , and lying adjacent to and North
of part of Lot 12 in the East Mount Addition to the
City of Fayetteville , Arkansas , as per plat of said
additions on file in the office of the Circuit Clerk and
Ex-Officio Recorder of Washington County , Arkansas ,- and
more particularly described as : Beginning at the
Southwest corner of said Lot 3 at the intersection of
Assembly Drive and Maple Street and running thence East
175 . 0 feet to the Southeast corner of said Lot 1 , thence
Southeast 30 feet more or less , to the Northeast corner
of said Lot 12 , at its intersection with Maple Street ,
thence West 143 . 75 feet , thence Northwest 42 . 4 feet to
the point of beginning ,
_�--_- - WHEREAS , after due notice as required by law, the Board of Direc-
tors has , at the time and place set forth in the notice , heard
all persons desiring to be heard on the question and has ascertained
that the portion of the street hereinabove described has heretofore
been dedicated to the public use as a street ; has not actually
been used by the public subsequent to the filing of the plat ;
that all the owners of the property adjoining and abutting upon
the street to be vacated have consented to the abandonment , and
that public interest and welfare will not be adversely affected by
the abandonment of such street ,
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF FAYETTEVILLE , ARKANSAS :
SECTION 1 . The City of Fayetteville , Arkansas , hereby releases ,
vacates and abandons all its rights , together with the rights of
the public generally in and 'to the above. described portion of
Maple Street in Mountain View and East Mount .- . Additions to the
City of Fayetteville , Arkansas , reserving unto said City of Fayette -
ville , Arkansas , an easement or right of way on , over , under and
across the portion of said street hereby vacated , for the purpose
MICROFILMEDDATE
1 1 1918
BOOK 715%) P;4fA ?9
REEL
of constructing , installing , operating , laying and relaying ,
relocating and maintaining all public utilities now located or
which may hereafter be located on said vacated portion of
Maple Street by said City , or any corporation having any franchise
or right of way from said City . As a condition to the closing of
said portion of Maple Street , the City shall be held free and
harmless from liability as to any claims of the abutting owners
for damages to the property described herein , which may result
from the City or other utility companies instructing , installing ,
operating , laying and relaying , relocating and maintaining all
public utilities now located or which may hereafter be located
upon said vacated portion of Maple Street , and further the
petitioners agree that they will refrain from altering or changing
the grade of the terrain , which would cause damage to utility lines
located in that area .
SECTION 2 . 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 .
SECTION 3 . This Ordinance shall be in full force and effect
from and after its passage , approval and publication .
PASSED AND APPROVED this 9 ./A day of October , 1967 .
APPROVED :
DON TRIUM O , JR . , MAYOR
ATTEST :
r.
�4
�• G l
\� .% • �'e Cbz
: ,i, GEORGE D S , CITY CLERK
.rsFa. TA � i1VA
BOOK 715 PAE 130
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 ato
AA � &!4-ta e 1�6 8 therein set forth, and
the same is as it appears of Record in PROCEDURE OF CITY
COUNCIL RECORD , Volume _at Page OO thereof.
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed my official seal this
day of 19 �.
CI�Tf CLERK
BOOK 715 PAGE 131
r :r .
�7 r: -
i .
i
CERTIFICATE OF RECORD
•9—M, 09 ARKANSAS I
SS.
villshington County I
1.Alma L• Kollmayer, Circuit Clerk and Ex-OffkloRecorder for ,
Wilshboon County, do hereby certify that the annexed or fore-
.going Instrument was fill r record ea.in my.Qftice on the day
• 1 84080d M, and the Same is
Duly recorded in at paBe,�
W.1biess my hand and seal thi�day of19
ALMA HUME
�Y�tII.TeiRi�nH'r
Ex-Officlo Recorded
r_
By 4AQ —
Deputy Clerk
A P(MTM 'v ^,^
STATE of ARKANSAS 1
}
County of Washington J as.
r
i r i
I, ---- :en yy<. _.-- -- --�-- It ------I_ _.---------_-----• hereby certify that I
am the ( ' efal 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
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
___--- _____.____1 ------ ------- __------------------_----- ---------
was
-
was published in the regular daily issue of said newspaper for__.
consecutive insertions as follows :
The first insertion on the day of 1962
the second insertion on the day of ._----__----------- 19_._
the third insertion on the ----- --- ..__._...______- day of ----------_-_—._._. 19_—_
u[-
'y and the fourth insertion on the __. ___. . _.. .... day of _
t1 '
Ve desm'1bcd on 1
Sworn to and subscribed before me on this ___ day of ----- ----------
------
rt /? �' _' "-0��--` -------- 1944�-,7
e ��` ���
L '�
d maiM aininq al - ------- --
,,n ', '. Not Public
"
T1 My Commission Expires :
re: '
Fees for Printing
hic?h Cost of Proof ---------- $----------------____
101
nein $-- ---- ,5
° Total -------
----
-i m
on
Cite
:fice
nd
s 01i
.hall
nm
its
