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Home My WebLink AboutOrdinance 1926 ri • I� J ORDINANCE NO . ! q& 7.3 48 !'rjSt Irrk ECJ COUNTY ,r. AN ORDINANCE VACATING AND ABANDONING A PART OFHAI [ SiEit AVENUE IN THE CITY OF FAYETTEVILLE , ARKANSAS . CIl�CUIT CLERK WHEREAS , a petition was duly filed with the Board of Directors of the City of Fayetteville , Arkansas on the 28th day of June , 1973 , asking the Board of Directors to vacate and abandon the following described portion of Waunetta Avenue in the City of Fayetteville , Arkansas , to - wit : That part of Waunetta Avenue lying between Lot Two ( 2 ) , Block One ( 1 ) , and Lot One ( 1 ) , Block Two ( 2 ) , of Rochier Heights Addition to the City of Fayetteville , and that part of Waunetta Avenue lying between Lots Two ( 2 ) , Three ( 3 ) , and Four ( 4 ) , Block Two ( 2 ) , Rochier Heights Addi - tion to the City of Fayetteville , and the right of way of the St . Louis - San Francisco Railway Company , being more particularly described as follows : Beginning at the Southeast corner of said Lot Two ( 2 ) , Block One ( 1 ) , thence in a Westerly direction to the Northeast corner of Lot Eleven ( 11 ) , Block Two ( 2 ) , of Rochier Heights Addition to the City of Fayetteville , thence in a North - erly direction to the Southeast corner of Lot One ( 1 ) , Block Two ( 2 ) , of Rochier Heights Addition to the City of Fayetteville , thence in a Northwesterly direction along the boundary of Waunetta Avenue to the Northwest corner of Lot Four ( 4 ) , Block Two ( 2 ) , Rochier Heights Addition to the City of Fayetteville , thence North fifty ( 50 ) feet to the West boundary of the right of way of the St . Louis - San Francisco Railway Company , thence in an Easterly direction along the boundary of Waunetta Aven - ue to the place 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 hereinabove described has heretofore been dedicated to the public use as a street ; has never been used by the public ; that all of the owners of the property adjoining and abutting upon the street to be vaca - ted have consented to this abandonment , and that the public interest and welfare will not be adversely affected by the aband - onment of such street . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : C MICROFILMED DEED mGE1 / 2 DATE OCT 1 3 1978 REEL1 :� 4 , Section 1 . The City of Fayetteville , Arkansas , hereby releases , vacates , and abandons all its rights , together with the right of the public generally , subject to the reservation and utility easements in and to the street , described as fol - lows , to - wit : That part of Waunetta Avenue lying between Lot Two ( 2 ) , Block One ( 1 ) , and Lot One ( 1 ) , Block Two ( 2 ) , of Rochier Heights Addition to the City of Fayetteville , and that part of Waunetta Avenue lying between Lots Two ( 2 ) , Three ( 3 ) , and Four ( 4 ) , Block Two ( 2 ) , Rochier Heights Addi - tion to the City of Fayetteville , and the right of way of the St . Louis - San Francisco Railway Company , being more particularly described as follows : Beginning at the Southeast corner of said Lot Two ( 2 ) , Block One ( 1 ) , thence in a Westerly direction to the Northeast corner of Lot Eleven ( 11 ) , Block Two ( 2 ) , of Rochier Heights Addition to the City of Fayetteville , thence in a North - erly direction to the Southeast corner of Lot One ( 1 ) , Block Two ( 2 ) , of Rochier Heights Addition to the City of Fayetteville , thence in a Northwesterly direction along the boundary of Waunetta Avenue to the Northwest corner of Lot Four ( 4 ) , Block Two ( 2 ) , Rochier Heights Addition to the City of Fayetteville , thence North fifty ( 50 ) feet to the West boundary of the right of way of the St . Louis - San Francisco Railway Company , thence in an Easterly direction along the boundary of Waunetta Aven - ue to the place of beginning . Section 2 . That said portion of said street shall become the property of the abutting property owners subject to the reservation of a 10 - foot utility easement in and to said street being five feet either side of the location of any utility plant or equipment presently located in , on over or under said street . 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 of 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 DAY OF 1973 . APPROVED : J ATTEST : CITY -6CLEI �^ DEED Uvt "rAGF1 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 , jnQ�y��, therein set forth , and the same is - as it appears of Record in �ia�licaix+.� � ��y�;cti.Bye� IJ Volume at PageX&2W thereof . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this day of C, . FAY( //' , 192 . �� .• • .. .. . .. •'�� CITY CLFZK DEED 855 PAGE 174 CERTIFICATE , OF RECORD ST_. E OFcARf<ANSAS ] � WashinCton County ] S. I. Alma L. Kollmeyer, Circuit Qerk and Ex-Officio Recorder for WashinEton County, do hereby'certify that`the annexed or fore...,. , 1 ument t ed,for � an � Vrte i0 goi nstrumentwas filed forrecordvn-my office on the /q day' 0 103a"eclockAMM, and the sameis duly record in record O .SS at page'�� Witness my hand and seal thisL,5"day o 19 y.9 ALMA' KALIM FYFP Circuit Cl^rk and Ee-061clo nzcor d Deputy Clerk CERTIFICATE OF RECORD State of Arkansas ( SS City of Fayett;. . ._,,, I, Suzanne C. Keine !y, City C!e-l.. and Ex-Officio recorder f,,, t".Cc:"v ::f i tye Yeaille, do hereb�i certify th,vt tho a :::rre. ! nr fore- gni i.^, i; of mcnrd i" my office aInd the same ap- pears in Ordinance C EZe :olution hook. —u_1_at pages. Witness my hand a•Id n.al th9s —clay of 19 . City Clerk and Ex-Officio Recorder OReiA �.AfP. �„ IY •1 " 1 STATE of ARKANSAS 1 J} . I County of Washington ss xl , hereby certify that I am the Publ sher of T E NORTHWEST ARKANSAS TIMES, a daily newspap having a second class mailing privilege, and being not less than . H.nR :o 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 fI:I'd . 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 rd 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 publishes an average of more than forty percent .x, I oinews matter. sea ," rng weft M. Luxot %--Gn further certify M we} a Xie a: FranI fth �r that the legal notice hereto attached 1❑ the matter of R11. .All*Ianroeson 'allo ong nNn hk'ltlmlm trannetto AOaaM b mg fJr+ at Sinn sec. •R'1"_ (��. � L� l� ( ,, IT ' law iter nue noXb a _..--u..... ._ 1. Anel�..._.. , - �.. lax, the Bent of d a . - !'me and 9lao pat . In - - ., d an tat was published in the regular daily issue of said newspaper for the as- the , 411 forget consecutive insertions as follows : 1. nee! sue a eetafg to Xwe as a r sees ,eep�es ,, add aae a Yla The first insertion on the day of .a U .._ 19..1. . v of M1srrr' 0"" K .)M r,qe. •.. r�nsf apd 'atatitlnk raer „ t1e• r "" `'amW ^ave the second insertion on the day of ... ...._.____--_ 19------------ us tNa g : tentant ate, the pall letereat A-i ,re@ere wul nm he #4- suuphe'etree" ted ly me fG"^"n ment of the third insertion on the day of ._.___---- 19------___ 1:11W. TRDRF.FORF., RE rr oe.nAtN- Fn BY PBE lap.4RD me nntarnjX, and the fourth insertion on the - da of ---_...... 19.__._... '"1!5 f1h B OF FAFRCYBFnORs y -......__.__ no r !y at idm, mavive, I It tulthe rs.aeeew•TI a ,Tpfaft� f Sworn to and subscribed before me on this _-^� _ ..._ day of . 1 r maea vara ed a l SoA'' - _. _...______ One ,b 19.01 Nota Public -- Tl(L/ �. t 11.1 ling, 1Fant, JAI m ommiseion Expires: rat Tee ' l el la. A ItIon to M= op.• q � So nwgINriy Fees for Printing ----- -----� . --i32112C ata d wawa t `tom or of At Cost of Proof -------- . .. - eln fe . Henn Total ------ I ." an Aft- n"undaq41 . • 4 e1 m " the plegia of tM -. :. 1 parson of wld . . IXepfVa� Ise . , sn DlRaSr�p .. :abMNAbtis9.a0faaae-- ' .oeasom,ali7lp' - . �Illnt pnefe4w b sto • ^ r,ert stall be 96 . yfl