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HomeMy WebLinkAboutOrdinance 1796 ORDINANCE NO . I�I76 - s R AN ORDINANCE VACATING AND ABANDON A PORTION OF ELM STREET 7 � Y — � 10'. 35 LYING BETWEEN LEVERETT. _AVENUE AND CHEST_NiTr. TAVENUEry IN THE CITY OF FAYETTEVILLE % ARKANSA51: n ;!: AS ItryRCUITLR CLERK WHEREAS , a petition was duly filed with the Board of Directors of the City of Fayetteville , Arkansas , on the 51d day of q6; , 1971 , asking the Board of Directors to vacate and abandon the (, following portion of Elm Street lying between Leverett Avenue s and Chestnut Avenue in the City of Fayetteville , Arkansas , to-wit : A forty ( 40 ) foot strip of land lying adjacent to and along the South side of Lots 7 , 89 9 , and 10 in Block 2 of Parker ' s Plat of Valley View Acres Subdivision to the City of Fayetteville , Arkansas and lying adjacent to and North of Lots 1 , 29 3 , 49 �& 5 in Block 3 of Parkers Plat of Valley View Acres Subdivision to the City of Fayetteville , Arkansas as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County , Arkansas . The same being designated as Elm Street . 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 adjoi-ning 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 . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : A110CROF1LML:D DEED PAGE425 DATE 2 1978 REEL .r 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 reservations and utility easements in and to the street , described as follows , to-wit : A forty ( 40 ) foot strip of land lying adjacent to and along the South side of Lots 7 , 89 99 & 10 in Block 2 of Parker ' s Plat of Valley View Acres Subdivision to the City of Fayetteville , Arkansas and lying adjacent to and North of Lots 1 , 29 3 , 49 & 5 in Block 3 of Parker ' s Plat of Valley View Acres Subdivision to the City of Fayetteville , Arkansas as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County , Arkansas . The same being designated as Elm Street . SECTION 2 : That said portion of Elm Street shall become the property of the abutting property owners . SECTION 3 : 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 4 : This ordinance shall be in full force and effect from and after its passage , approval and publication . PASSED AND APPROVED this GAJ, day of , 1971 . APPROVED : Mayor a �7 !i7EST : �. • 0 . CityClerk;, .,a CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I , LOVETTA MOORE , City Clerk within and for the City of Fayetteville , ArkansaT , do hereby certify that the annexed and foregoing is a true and correct copy of the Fayetteville , Arkansas , s�u(/tiQ,a, e' ! )o_ / '�) 96 1 , therein set forth , and the same isas.�it appears of Record in wt�Q.,,P,r a / Qpciae .. Volume at Page 95 thereof . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this day of i DLa34 r.1r r : T , 19 CITY CLERK DEED 806 PAGE427 CERTIFICATE OF RECORD State of Arkansas .City of Fayetteville SS \ E Suzanne C. Kennedy, City Clerk o Officio recorder for the Cityty F do hereby certif and going is of Y that the alorteville, recordin m aitnc_eeI fore- Pears in Ordinance Yoffice and the sal Resolution `ne ap- �at book =hand p,ee� Witness in a1 this_�_ � �daY of :y . .er:- 't d E . G"fi; I— _`�--order CERTIFICATE OF RECORD. STAT; OF ARKANSAS I Washington County I SS. Aron County, dorherebit Clerk and �-OfFclo Recorder Washin going instrum Y certify that the for instrument was filed for re annexed or f of cord in my office fore. r `9—i9 at/O ` on the (qday Y recorded in c1o`=1a+M, and Witness to day of ' the same is, Y hand and seal this_�day of at page.ya2yS ALMA — 1 `7/ Circui KQLLMEand -A ffici ecorded By •� '.,. .. - ePutY Clerk SPATE of ARKANSAS as. County of Washington I, _ f . z _ __'^�_`^' `. .. _______ , hereby certify that I am the kener 1 Manage r9 of THE NORTHWEST ARKANSAS TIMES, "' • � ^ a daily n wspaper 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 •t 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, t 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 ,at period of at least six months ; and that the said newspaper publishers an valley view tlMI�r, W Of average of more than forty percent news matter. and eying aa- ITts I. I further certify that the legal notice hereto attached In the matter of ���. ---- - - - - - ---- - - -- ---------------------- -- was published in the regular daily issue of said newspaper for---------/------_ .cwtegautise insertion@( as follows : ��n""" ''' been dro-.�et ° The first insertion on the __- _._ . 1 U day of _�� 19__'�� e r „ , »oto We o 1 ed W the been s Greet ; Was as �1W b Ween a„ � � the second insertion on the ____ - __ _ __. - day of _-__._..______.___ 19_____ pnbhr tar . wW-4 many s a of the motion of the pr..' ung and aaoi upon the -, the third insertion on the _______ - day of __ --- 19 vanished harass ttnsented :oan.ionmern, and that the puh :- and welfare wOPW be adameisr and the fourth insertion on the . . day of ____ --------------- 19_____-._ ed by the abandonment of s, NOW. THEREFORE, BE rr ✓ S- F[!) BY THE BQ#" OF DIFF , tucB THE: rr" OF FAYETLEt'I T �o-i isR,. 1: 'y heCity d Feities, and -: rias.. M1ereby. :Ieleases, vacates, and ,niorc all a Ile rights, together with rights of the biding generally, sub Sworn to and subscribed before me on this ___—________. day of ..I to reservitidlis and malty ease. - -enu in and tow istreeh described as follow:l. LPWA: - A Inds Nib food strip of land Idng _. -_ . _ _ _ _ ____________ _____ _ __------------------ 19.7/—- adjacent to and along the south side of Lots 7, 8. 9, d: le in BIN it 7 of Parker's flet of Valley lie Aedes Parker's :ion to the vCits of - /Cly/ YYY��CCL_ G�GLGLQ22ii Fayetteville, Arkansas and lying ad -- - - - - - - - - ----- -- - - - - -- bli -------- mrent to and north of tats 1. 2. s, Nota Public <. A b in Block g .af Parker's Plat , M Valiev view Amt's 6obdivismn to the l`hof Fayetteville. Arkansas as per plat of said Inbdivlston on file My Commission Expires: in the office, of the CUgua Clark and K\-Offlrio Recorder of y1fashington �J Cb,mga Arkansas. a being �.[/j/t/ f,/ 1 QJ csountdesig , , la Elm 8lree�L� ___y _ SEC-TION 2: That sal��+aa�)`,+��-�A' Elm ctrret shall become IIr4�t"ptgs of the abating property mmere SE:CI94N ::: A ropy, of the oM naw,e Fees for Printing r• . I I -i In t"e Oils Clerk .hall M ___.__ -...___ Cost of Proof - M er / Total ---------- - 3.10+10