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HomeMy WebLinkAboutOrdinance 1788 r - rpF � � � � ORDINANCE NO . 1788 AN ORDINANCE VACATING AND ABANDONgfG.AC. 1C ;J COUvllly A PORTION OF SEVENTH STREET , HJtp,IdSNS LYING BETWEEN SCHOOL AVENUE AND LOCUST V' UgELpScYER IN THE CITY OF FAYETTEVILLE ARWSASCUI'( C!EftK WHEREAS , a petition was duly filed with the Board of Directors of the City of Fayetteville , Arkansas , on the 19th day of February , 1971 , asking the Board of Directors to vacate and abandon the following portion of Seventh Street lying between School Avenue and Locust Avenue in the City of Fayetteville , Arkansas , to - Wit : A fifty (50) foot street lying adjacent to and along the South side of Lots Five (5) and Six (6) in Block Nine (9) , Ferguson ' s Addition to the City of Fayetteville , Arkansas , and lying adjacent to and North of Lots One ( 1) and Twelve ( 12) , Block Eight ( 8) in Ferguson ' s Addition to the City of Fayetteville , Arkansas , as per plat of said Addition on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County , Arkansas , and more particularly des - cribed as follows : Beginning at the Southeast corner of said Lot Five ( 5) at the intersection of 7th Street and Locust Avenue , and running thence West Three Hundred ( 300) feet to the Southwest corner of said Lot Six (6) at the intersection of 7th Street and School Avenue , thence South Fifty (50) feet to the Northwest corner of said Lot Twelve ( 12 ) at said intersection , thence East Three Hundred ( 300) feet to the Northeast corner of said Lot One ( 1 ) at the intersection of 7th Street and Locust Avenue , thence North Fifty (50) feet to the point of beginning . 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 herein - above describedlus 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 abandonment of such street . DEED 804 FACE433 MICROFILMED DATE OCT 1 z ,978 REEL �( 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 , sub - ject to reservations and utility easements in and to the street , described as follows , to-wit : A fifty (50) foot street lying adjacent to and along the South side of Lots Five (S ) and Six (6) in Block Nine (9) , Ferguson ' s Addition to the City of Fayetteville , Arkansas , and lying adjacent to and North of Lots One ( 1 ) and Twelve ( 12) , Block Eight ( 8) in Ferguson ' s Addition to the City of Fayetteville , Arkansas , as per plat of said Addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County , Arkansas , and more particularly described as follows : Beginning at the Southeast corner of said Lot Five (5 ) at the intersection of 7th Street and Locust Avenue , and running thence West Three Hundred ( 300) feet to the Southwest corner of said Lot Six (6) at the intersection of 7th Street and School Avenue , thence South Fifty (50) feet to the Northwest corner of said Lot Twelve ( 12 ) at said intersection , thence East Three Hundred ( 300) feet to the Northeast corner of said Lot One ( 1 ) at the intersection of 7th Street and Locust Avenue , thence North Fifty (50) feet to the point of beginning . Subject , however , to an existing sewer right of way and easement of fifteen ( 15 ) feet in width , the center of said easement lying along the southern boundary of the herein described street , and subject , however , to an existing electric utility easement as required by Southwestern Gas and Electric Company , Inc . SECTION 2 : Said utility easements shall be for the benefit of the electric power companies , telephone companies , gas companies , and the City of Fayetteville , Arkansas , provided , however , that upon abandonment by utility companies , said property shall become the property 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 . DEED 804 PACE434 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 . SECTION 5 : This ordinance shall be in full force and effect from and after its passage , approval and publication . PASSED AND APPROVED this 15th day of March 1971 . APPROVED : IA 'ril, Ernest E . Lancaster , Asst . MAYOR v " i A �A " � '• '•.( oVetta*0 ore , CITY CLERK DEED 804 PAGE 435 a 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 , ©h 4�1p fip . / ng , therein set forth , and the same is as it appears of Record in jmt %P�� Volume t**' , at PageS thereof . 'e • IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official fA ! seal this /6'd day of 19 �21 . tx 441 cow CITY CLERK DF�� 804 Face 43fi P S CERTIFICATE OF RECORD 1 , State of Arkansas SS City of Fayetteville �— I, Suzanne C. Kennedy, City Clerk. and ip Ex-Officio recordei for the City of Fayetteville, G3 do hereby certify that the annexed or fore- going is of record in my office and the same ap- pears in Ordinance Resolution book pcge 7:1 n Witness my hand and seal th s day of 19 • City C'erk and L_:=J:fi io Recorder l , C1 I{ - wf'�./ �t iA • - f . CERTIFICATE OF RECORD iSUR OF ARKANSAS SS Wigton County LA7kna L. Kollmeyer, Circuit Clerk and Ex-Officlo Recorder for n County, do hereby certify that the annexed o///rr fore- ��rument was filed for record in my office on the day p�.�S,, "Yl'14 1 at3so'clockp M, and the same Is all0maxled in O ecord eo �/ at page-q3,3 IMMMmy hand and seal thisJ1day of 9c2i • 19� a I M1�K tea y Circuit Clerk and' x- Recorded BY Deputy Clerk oaMNAson'ro. 1781 "INANq 111ACATING AND AB• INDOVIvQl {ION OF FB\EN• 'nI al7i je!LUNG BIGWEMN 6wN AAND L0(.l1FT AV. MffE. IN- .IM CITY OF FAYP:TPF V"F. AMNAM& S'T'ATE of ARKANSAS R 11, a yetllmn was duly fil@A 55. • =rad em tthe ystb County of Washington JJJ gong Me Board asd nMnden the aMat lying (/�� tome, ArCAven. I, -- '- .j :----- -.. .--- hereby certify that I tattle. tetaaee. {{.. ------- _-__ am the .ene al Manage ) of THE NORTHWEST ARKANSAS TIMES, bb[ aelacent a daily ewspaper having a second class mailing privilege, and being not An Wea Nut less than four pages of five columns each, published at a fixed place of .SO the Islasbusiness and at a fixed (daily) intervals continuously in the City of mat�saMee Fayetteville, County of Washington, Arkansas for more than a period to ft of twelve months, circulated and distributed from an established place of oA pie In business to subscribers and readers generally of all classes in the City assig aA ' & County for a definite price for each copy, or a fixed price per annum, ewe � which price was fixed at what is considered the value of the publication, '.�4mo� 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 TAWMat"Jeonvem e.eto 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. N I>» GR � ' M,a« I further certify that the legal notice hereto attached 1n the matter of X14 LM M 1bow ; e< ,. was published in the regular daily issue of said newspaper for ... /--------- - eewaeewtive insertion as follows : '7 r7 _ The first insertion on the _. - 01-� - day of _�94� 71 19___ the second insertion on the .......... ... . day of ____________ 19____. the third insertion on the - day of ----------- ---__. , 1 and the fourth insertion on the _ .. ._ . day of __________—_ 19______.. I Sworn to and ,,subscribed before me on this ___�_l�____ day of ---------- ---/CL_4-4 ra4e------------ 19-Jf �4--- --- --- - - - - Not y Public t. , My Commission Expires : p� I Fees for Printing ____ $-_ (1_.C20 A a Cost of Proof ._____ $___ ________ ' Total --------- $--TQC- -Q told V se m"a t � oneq a iMe'ap.L ^M •080 A" 60 wo at 4a illtdeq: 11111111 UK* end 3 3108 PAtre • ! ear et mtep, WL • AlF�MiW -81A11�Af.1 .� -. '. N ' txtnp A aband P1 YM eha