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Home My WebLink AboutOrdinance 1899 - OR FE . rC� ZD 13 A; 23 Pry I : 25 1' '. , ° hIIPJGI ' "! CO]JNTY ORDINANCE N0 . /g9g q(Z;< ^, id AiALMAI(0LLIIE1cYER AN ORDINANCE VACATING AND ABANDON INGi,CAitr CLERt; PORTION OF AN UNNAMED STREET ABUTTING THE SOUTH SIDE OF THE SOUTH HALF OF LOT 5 , EVIN ' S FARM , A SUBDIVISION TO THE CITY OF FAYETTEVILLE , ARKANSAS WHEREAS , a petition was duly filed with the Board of Directors of the City of Fayetteville , Arkansas , on the 2nd day of January , 1973 , requesting the Board of Direc - tors to close , abandon and vacate the following portion of an unnamed street abutting the south boundary of The South Half of Lot 5 , Evin ' s Farm , a Subdivision to the City of Fayetteville , Arkansas , to - wit : A twenty ( 20 ) foot street running east and west and adjoining the south side of the South Half of Lot 5 , Evin ' s Farm , a Subdi - vision to the City of Fayetteville , Arkansas , for a distance of 660 feet . WHEREAS , after due notice given 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 por - tion of the street hereinabove described has heretofore been dedicated to the public use as a street but has never been used by the public ; that development of the property adjacent to said street for multi - family resi - dential purposes renders said street useless and im - practical ; that the public welfare will not be adversely DEED �8 'Yt� PAGE. 1 DATE OCT 1 3 ]976 REEL t 4T affected by the closing and abandonment of the stated portion of said unnamed 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 , abandons and vacates all of its rights , together with the rights of the public generally , subject to exist - ing utility and sewer easements , and rights - of - way as hereinafter stated in Section 2 , in and to the unnamed street described as follows , to - wit : A twenty ( 20 ) foot street running east and west and adjoining the south side of the South Half of Lot 5 , Evin ' s Farm , a Subdi - vision to the City of Fayetteville , Arkansas , for a distance of 660 feet . SECTION 2 : The abandonment and vacation of the rights of the City of Fayetteville , Arkansas , and the public generally in and to said street as aforesaid is subject to all existing easements and rights - of -way in , over and under said street in favor of and for the bene - fit of the City of Fayetteville , electric power companies , telephone companies , gas companies , and television cable companies ; provided , however , that upon abandonment or surrender of said easements and rights - of - way by the City of Fayetteville and / or said companies , said pro - perty encompassed within said street shall become the property of the abutting owners as provided by law , - Z - DEED8 # 3 FACE .5$ SECTION 3 : That the portion of said street not reserved for utility easements and rights - of - way shall henceforth be and become the property of the abutting property owners as provided by law . SECTION 4 : A copy of this ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of Washington County , Arkansas , and recorded in the Deed Records of said County . SECTION 5 : This ordinance shall be in full force and effect from and after its passage , approval and publi - cation . PASSED AND APPROVED this day of 1973 . APPROVED : BY : Mayor ATTEST : �Jcity cluk DEED 813 PAGE .5g CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I . HELEN YOUNG , 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 Volume ZE at Page //{/ thereof . a�4 /43 IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this 24/!IF' day of 19 �� O� ; FA rill .. : • . 4 : + ' . : �/O Din �� CITY 9ERK - ^ ?� CERTIFICATE OF RECORD t• . . ••• �' ;' ,��" STATE OF ARKANSAS J - �j, • ' • • • • �• '• ,i Washington County SS. c o v � t t ' I, Alma L. Kolimeyer'Circuit Clerk and Ex-Officio Recorder for ,Washington County, do hereby certify that the annexed or fore. going i�njtrumen t was filed for record in moffice on the23day Of 19I ' �t CC 1.-N7r.I dand the same is duly r corded in record_ Witness my hand and seal thi-- 2'!!/ at page c,s7 a�day of 19� - AI MA KO LMD Circuit Clerk and EEx.OOfficio Recorded --• q q3 PAGE 6O By oC .� ncrD Deputy Clerk 81 CL^ Or RECORD 3 City :f I, Su::an: c C. - rrIc and ,e FEx-6 : : ,i.) reca: e:. f . .,. . ; f . : al F do 6ereb; th.a bu . :; .. . .. ve • ' going is of roc•�rd i : my office " d t e same ap- pears in Ordia:u:cc C' Itesol .rti .rt hook Witness my hand and seal t!tis -----=-1 —`I y of City Clerk and Lx-Officio Recorder STATE of ARKANSAS ss. County of Washington All �SANC!VAACC471NG ANDI, a - .� t - - • r, -' hereby certify that I A n0flT10N OF AN am the ublisker of T4 NORTHWEST ARKANSAS TIMES, a daily y ABf7T1'RVG newspape having a second class mailing privilege, and being not lees than four pages of live columns each, published at a fixed place of business and at ASCteW , bw;"d Ag a fixed (daily ) Intervals continuously in the City of Fayetteville, County of riled Washington, Arkansas for more than a period of twelve months, circulated macv and distributed from an established place of business to subscribers and aBoard readers generally o1 all classes in the City & County for a definite price for a andacate '. eMamed , each copy, or a fixed price per annum, which price was fixed at what is 41ye considered the value of the publication, based upon the news value and A • Bite- service value it contains, that at least fifty y percent of the subscribers thereto have paid cash for their subscriptions to the newspaper or its agents 0 M or through recognized news dealers over a period of at least six months ; a fade ibsa to the fxer, a Pionere- and that the said newspaper publishes an average of more than forty percent vllle. ArtaAus, for • aidtedee of MOi fret. news matter. nHFRF193. after dests green as rr,lu,rca I law, the Ensure a Director. I further certify that the legal notice hereto attached in the matter of ha at m¢ time and place set forth in the notire. heard air perform desiring to be I.ars on the lineation end has same. N Bed that the portion of the street here. 'naao. e described has here orore been `tlam___ / �_ ________ ._..____........---_._.__ drd.ruled to the pubic t , a street --' _ "—"-- si has never been used ) by !the public: chat tie"lnnment of the Vmyerti ad*- was published In the re __- eent to %aid e�-eet for multi-lamtw real- P guise dally issue of said newspaper for drntial nurM.e% : macre said street use- consecutive Insertions as follows : Ina And mm'sebeel: that the white wells,@ will not be advererlF affected , is, the rlo%tlng and abandonment of the The first Insertion on the x� ''-H - -- da of ,il _______. 19._x. . Stated contain nr Aid unnamed street. y NOW THFFF.FORF_ BBF, 1T OR. I MINED By THF Re AnD of DraE(} the second insertion on theday of ___. 19.......----- TORSI OF THF O OF FAyZTT} - ----- ------ 1'MIX. ARKANSAS FE(TION 1 : The rite of Fayeuevite' the third Insertion on the A,.kan.as. hereby relea%es, Abaranre and ____ day of -- -- 19_ ------ - vaeates all of its righlm, together with , the rights or the public mem to a damn tied, a cin herrirreve ; and the fourth insertion on the _____ day of --_-___—---------- - 18..._..... al@Id in SeetlM d In and to the nni named street d"trileed as follows, toi fa wit �i ) I , A twenty t2b !hit street running east ; IF and west and ad.iointng the south aide of the South Half a rut e, Eetn's , Fa rot. a subdlrl@ion to the city of Pap. Sworn to and subscribed before me on this _.___.____.---- day o10111" so rep, ment and As. XX=O.N' 2: The abandon felon of the lrevil e, to rights eai0And he Arhansais, for a distance & I Whi In V/ rl¢htsnt-way hr, . beer and under !beet in faster �f ter for�tpo — --- of The the city or tI�s�ttevale. e y Public tit, eompaiN (d�pone crwo companlea, ytl,LMlalon cab, Provided, 7pwP .that upon a or surnnaeF alt este !.%emcee Commission EiDL'ea: rishds -*," ty`Ibs lnty of Farad and/or Bald .. gimpane, said b 7 enrm teryeSed within said 'd @I reel %hahe-I trema the properly M the aWitieg owN� <rs as ON sed That law. SEt not A: 'teat the MI^."M M ud !tree! not messed ( utL'il> .fa'sair h e and -'snta-oFway haremrm >K Fees for Printing ------- 8.-�L11_, r L and od, ow the ^f' t •batelrf. pmMrt.. nwnen of. rl sec�rtoN t : A m oram Cost of Proof ..--- -----_--- _...__...__............... duly reclined filed in the ht .cord a. . �s needed N 1hIWailunj oli : - :ale All, TOtal �r— fbunt, sETON 7: 'lids nMinam'e shall be in hill force and effect from and after Its part"ife. approval and publication PAffi AND APPROVED this 16th day of Jsnoaq. lord. APPCnt'FT : Pv : RVSliELh T. PVRDT, Mayor ATIfill ' Helen : Nolen iff'1'mm¢. rr, ,4th - _ - - e_6 lie