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HomeMy WebLinkAboutOrdinance 1779 ORDINANCE NO . 1779 AN ORDINANCE VACATING AND ABANDONING AN ALLEY IN ARCHIAS - BUSHNELL ADDITION TO THE CITY OF FAYETTEVILLE , ARKANSAS . WHEREAS , a petition was filed with the Board of Directors of the City of Fayetteville , Arkansas , on the 18th day of January , 1971 , praying that said Board vacate abandon a certain alley in said City , described as follows : The North - South alley lying between Lots 1 and 2 and Lot 13 in Block 1 in Archias - Bushnell Addition in the City of Fayetteville , Washington County , Arkansas , and extending North from Douglas Street in said City to Lot 19 in Block 1 in said Addition ; and , WHEREAS , said Board of Directors , after due notice of the time and place for the hearing on said petition , heard all persons desiring to be heard , and determined that the alley described above was dedicated to public use and that there no longer exists any reason why said alley should not be vacated and abandoned as hereinafter set forth , and that such action will not adversely affect the public interest . 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 aforesaid alley , except as set forth in Section 2 , of this ordinance , and as a condition to the closing of said alley , the City shall be freed of all liability from claims made by abutting owners resulting from the City or any utility company removing and relocating utilities lines located in or upon said alley . SECTION 2 . The City of Fayetteville , Arkansas , hereby retains a temporary sewer easement ten feet in width in said alley , being five feet either side of where said sewer is now located , and retains a permanent sewer easement over , under , and across the west ten feet of said alley as shown on the official plat of Archias - Bushnell Addition to the City of Fayetteville , Arkansas . MICROF�`�'2 1918 pATE REEL 2 SECTION 3 . A copy of this ordinance , duly certified by the City Clerk shall be filed for record in the office of the Circuit Clerk and Ex - Officio Recorder of Washington County , Arkansas , and recorded in the deed records in said office . SECTION 4 . This ordinance shall be in full force and effect from and after its passage , approval and publication . PASSED AND APPROVED this 1st day of February , 19 71 APPROVED : Ernest E , - Lancaster , Asst. Mayor ATTEST : G�°or/�fJx 31aoAa) Lo etta Moore , City Gler F— FILED 11 D FOR RECO P 0T'� RC. O, `JC'. 71 FEB 17 P11 3: 31 . 911 FE61 ? etl 3 • ORDINANCE NO . 1779 WASHiAR{ AN AS t4TY %11ASNIpp.A ASs ALMA liOLLMEYER ALCIRCU S CLERK AN ORDINANCE VACATING AND ABANDONING fC1FqLTLWR N ARCHIAS - BUSHNELL ADDITION TO THE . CITY OF FAYETTEVILLE , ARKANSAS . WHEREAS , a petition was filed with the Board of Directors of the City of Fayetteville , Arkansas , on the 18th day of January , 1971 , praying that said Board vacate anJ abandon a certain alley in said City , described as follows : The North - South alley lying between Lots 1 and 2 and Lot 13 in Block l in Archias - Bushnell Addition in the City of Fayetteville , Washington County , Arkansas , and extending North from Douglas Street in said City to Lot 19 in Block 1 in said Addition ; and , WHEREAS , said Board of Directors , after due notice of the time and place for the hearing on said petition , heard all persons desiring to be heard , and determined that the alley described above was dedicated to public use and that there no longer exists any reason why said alley should not be vacated and abandoned as hereinafter set forth , and that such action will not adversely affect the public interest . 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 aforesaid alley , except as set forth in Section 2 , of this ordinance , and as a condition to the closing of said alley , the City shall be freed of all liability from claims made by abutting owners resulting from the City or any utility company removing and relocating utilities lines located in or upon said alley . SECTION 2 . The City of Fayetteville , Arkansas , hereby retains a temporary sewer easement ten feet in width in said alley , being five feet either side of where said sewer is now located , and retains a permanent sewer easement over , under , and across the west ten feet of said alley as shown on the official plat of Archias - Bushnell Addition to the City of Fayetteville , Arkansas . DEED 800 PAGE 426 2 SECTION 3 . A copy of this ordinance , duly certified by the City Clerk shall be filed for record in the office of the Circuit Clerk and Ex - Officio Recorder of Washington County , Arkansas , and recorded in the deed records in said office . SECTION 4 . This ordinance shall be in full force and effect from and after its passage , approval and publication . PASSED AND APPROVED this 1st day of February , 19 71 APPROVED : Ernest E . Lancaster , Asst . Mayor T0� EAYfJA `i.. ATT rv, + T �� •.. O ' Q fi.9h,QJ 4.:JZ. Otta Moore City Cler c DEED- 800 PAGE427 CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I . LOVETTA 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 , therein set forth , and the same is as it appears of Record in _ 0R L , L!/ Volume at Page3 5 55 thereof . IN WITNESS WHEREOF , I have hereunto 1+.oy Wf/ set my hand and affixed my official seal this / day of Y T fl� 19 t7 CITY CLERK DEED 800 PACE 428. 131,M7 CERTIFICATE OF RECORD S, .t of Ar' ens'ls SS City of s,'c`.t vile l and I, �:.zsmne C. `. ^. ^ ''Y. City Clerk ;f F ly'ttevill% Es-Q r fore- do hcrcb-,, certi � t't .i t"-[; .- _f ... .` .. cit' •.- simsap- goi�a^. i� of –^-r^�-d i" nY � pears ct of a -- — hand and s2^-1 , y ___— • ' s: rdcr City Clerk and - CERTIFICATE OF RECORQ STATE OF ARKANSAS ] Washington County ] SS- ?A 1, Alma L Kollmeyer, Circuit Clerk and Washington County, do herebycertify Ex-Officio annexed Red ogr M go7nginstrumentwas filed forret� 'tmat the annexed oCt�+a o! 197/ata Yoffice on #wZME duly recorded in /� U'ciccV-0Al, and tale SWM IS I`=��c%record ,Y hand and seal this �� atpgg � _AOday of_,t ----"A KOLLMEYER Circuit Clerk and � � Ex�-OfJficio Recorded BY _.es vD P:ay Clerk J STATE of ARKANSAS as. County of Washington --- -- , hereby certify that I -- --- -- -- - am thGen�ral Manag r) of THE NORTHWEST ARKANSAS TIMES, adaily ewspaper 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 ° 0ie ' '4?' ' period of at least six months ; and that the said newspaper publishers an n. 1P1 JSM average of more than forty percent news matter. I 1all I"I a n4 I further certify that the legal notice hereto attached In the matter of .rmil r Rind -------------------------- was published in the regular daily issue of said newspaper for. ___L_____. •eexseu ,Wga insertions as follows : k it The first insertion on the ____- 4, - day of _______ ____ 19--71 the second insertion on the _____.__---__----.------- day of _-----______-___ the third insertion on the ________________- day of ____.______-__-.__. and the fourth insertion on the __-..___.-_-___ day of ____ ----- __--_-___ . ,I lJ V1 w� Sworn to and subscribed before me on this __A�14Z. day of .. --- ---- - ---- ----- ------- 191. --- -- ------ ---- rru11aneotyvar r.,emem p•c . under. NotPublic T, A sae. .Im�n en tlw MIIM�1 ��te• - •nr9 eddiUm p a,. � `'• „�i My Commission Expires : Ilfer the Q he neo in :derat— nnr :i I .I nfllpj O n Gall W 1 �' aftaii �t� Fees for Printing ___ $__.©!1�-je . ..[ , I , I.t day Cost of Proof __ ___ $_—_______._ Total --------- $--------------------