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HomeMy WebLinkAboutOrdinance 1748 STATE of ARKANSAS 1 JP County of Washington as, . �E " ' ________ . . , hereby certify that I rnims.Nrr: n—iru am th ( Ceneral ....... anager) 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 ___ . . . tr_ 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 ------------------------------------ - - - - a( — ; by was published in the regular daily issue of said newspaper for ._-�-___ t , to ooaeoan Wls insertion as follows : 11 L t IF „ te ,[. and That the puhllc wri r� elfarh will not be adsrenety aa ' The first insertion on the -.-_. 1 � h _ day of _- -_- 191-0 b the abandonment a[ such --” THEREFORERE IT OR- . i n BY THE BOARD OF DiwFC- the second insertion on the ____ ___ day o ------------ ---------- 19____-._ OF THE CITY, OF FAYETTS, ARKANSAS: -PION f. The rily of FayeteYmn the third insertion on the _____ __ day of ___---------------- 19___ ,ma, bereay releases, Nabatea and we rights of ofits pubbe geeneereany 11i and the fourth insertion on the _ ____. _ __ day of _____— ____-__- 19--__ i„ rt to a reserve utility easement, N I to the street described as follows, .erne twe right ,van end nese- Iwe•�h'Ji f n( fie }eel In width. },e- Sworn to and subscribed before me on thisday of qq� Lfoo� /J � ICo ---- --------- -I,tPublic ,. My Commission Expires : !� eI t I - ---- om- - - z wprr�n--id and mall petty n .. r oft the abutting 11lOI. . 55 SFXTIOX A That i T, . ' . of Rev. Fees for Printing --- ---- - -------- enthel"It tut or m men ll , Nae- menti sha :gme4ypa< the aemona N 4. A _ Cost of Proof -_.--_ $--_----_-_----__- �F.(Lation l A 1�. ty Ma isNance em thud 1 4e C4V Meek shell Ee t m t>r oalw At ma,a , this r nrl Total -__-- rds Of and 11* WAtdld 10 ._ilr Deed I'TInf i -!Ya ONlam. shell be ,e 'loge, aed flfert �mm� and eller ;avge, applagool UAp and D this 6t ,.SaID” APPROVED tbls 6N M duly� filing, FPROV1�Q� /:ARL1NM.l JR., Mayor ST: ILYN MCOM Cterk 15 It ' 70 AORDINANCE NO . ;I0 A RKl1 P'S �t S AN ORDINANCE VACATING AND ABANDONING A PORTION .OF•1!SEVENTH/ESTREET LYING BETWEEN SCHOOL AVENUE AND WEST AVENUE IN THEr 'CITXEOF FAYETTEVILLE , ARKANSAS . WHEREAS , a petition was duly filed with thq Board of Directors of the City of Fayetteville , Arkansas , on the . . Irj day of 1970 , asking the Board of Directors to vacate and a a on the tollowing portion of Seventh Street , located in F'e' rguaon ' s Addition to the City of Fayetteville, Arkansas , to -wit : A portion of Seventh Street lying between Lot Fifteen ( 15 ) , Block Fourteen ( 14 ) , and Lot One ( 1 ) , Block Fifteen ( 15 ) , of Ferguson ' s Addition to the City of Fayetteville , Arkansas , as on file �t in Book 4 , Page 203 . WHEREAS , after due notice as required by law , the Board of Directors 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 for a period .of many years ; that all of the owners of the property adjoining and abutting upon the street to be vacated have consented to this abandonment , and that the public interest and welfare will not be adversely affected by the aban - donment 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 of its rights , together with the rights of the public generally , subject to a reserve utility easement , in and to the street described as follows , to -wit : A permanent right of way and easement of twenty - five feet in width , being twelve and one - half ( 12 1 / 2 ) feet on either side of the center of that portion of Seventh Street lying between Lot Fifteen ( 15 ) , Block Fourteen ( 14 ) , and Lot One ( 1 ) , Block Fifteen ( 15 ) , of Ferguson ' s Addition to the City of Fayetteville , Arkansas , as on file in Book 4 , Page 203 , being reserved for the benefit of the electric power companies , telephone and tele - graph companies , and gas companies ; further , that there be a permanent right of way and easement of twenty - five ( 25 ) feet in width on the south half of said street for the benefit of the City of Fayetteville . SECTION 2 . Said utility easements shall be for the benefit of the electric power companies , .telephone companies , gas companies and City of Fayetteville , Arkansas , provided , however , that upon the ' abandonment by utility companies said land shall become the prop - erty of the abutting property owners . SECTION 3 . That said portion of Seventh Street not reserved for utility easements shall become the property of the abutting property owners . SECTION 4 . A copy of the 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 . JAMES O. BURNErr ATTORNEY AT uW '`j 29 E. CENTER STREET ,p l �5 PACE 6y TELv TZLETTEVILLE. ARK. pptEy�-; EPHONE 449-8884 „[(� 2 . _ SECTIONS , This Ordinance shall be in full force and effect from and .after its passage , approval and publication . PASSED AND APPROVED this day of 1970 . APPROVED : M.RY UK C` ( A rid(/ op rejo N ja 1 ACKNOWLEDGMENT STATE. OF ARKANSAS ) ss . County of Washington) On this day personally appeared before the undersigned , a Notary Public in and for the County. and State aforesaid , duly qualified and acting , �jy�� � y� j�Qtn C�� : to me .well known to be the person w ose name appears in ttai�a ve and fore - going Ordinance . IN WITNESS I I have hereunto set my hand and seal this % day of EOF , , 1970 :. • D a.. - ota y Public' ,...amNaN.•,, toofiFg1%N EXPIRES : sly 1% _ < `2 U4 � : r o�oH. Co � O,. . . JAMES O. BURNETT ATTORNEY AT LAW 29 E. CENTER STREET � � r FAYE `TEVJLLE, ARK. ��� TELEPHONE 439-3892 DEED 1 UL (J(j i CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE i I , MARILYN MOORE, 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 Fayetteville, Arkansas , f 7 `�� , therein set forth, and the same is as it appears of Record in r� ti �. Y�//1y1BeooZ ,Volume l at Page 1 3 thereof. i IN WITNESS @THEREOF, I have hereunto set my hand and affixed my official seal this �� day of op ... •off. ( A Y!!�f`/ ' tea' 0410 74 CIT,& CLERK M • a. j i i j 1 i p �? DEED 705 PAGEJ3.0 CERTIFICATE OF RECORD State of ATli.WISUS ( SS City of Fayeaeville 1. i .tzanne C. Kennedy, City Clerk and E;:Of_icio recorder der for the City of Fayette aMe, do h2rel>y certify that the annoyed or fore- going is of record in my office and the same ap-. Pears in Ordinance & Resolution book _ at page--as Cz li Witness my hand and seal th_s— clay. of 19— City C'erk and Ex-Officio Reao�f 0 C��W F, CERTIFICATE OF RECORD v":icn county SS, L. Kolimeyer, Clrcult Cleet and @x-officio Record ,r for Washington County, do hereby certliy that the annexed ; r t� going' rment was fileed��for record in my office on Wc,2ti1y rd � r�sAidedl �g� record � _c: fc:. �M am 14nd and seal this .C� Ayr 1 7{(�A N EYE