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HomeMy WebLinkAboutOrdinance 2088 0iI !R0 ORDINANCE 11O . L175 HAR17 PH 1 ': 4V AN ORDINANCE VACATING AND ABANDONING A POR A7ihF^�P IVY STREET LYING BET47EEN VINSON AVENUE AND READ AVENYMH KOLLMEYER CIRCUIT CLERK WHEREAS , a Petition was duly filed with the Board of Directors of the ✓City of Fayetteville , Arkansas , on the 12th day of February , 1975 , asking the Board of Directors to vacate and abandon a portion of Com any Street lying between Read Avenue and Vinson Avenue in tha City of Fayetteville , Arkansas , described as follows : A forty ( 40 ) foot street lying adjacent to and along the South side of Lots One ( 1 ) , Two ( 2 ) , and Three ( 3 ) in Block Seven ( 7 ) , Mt , View Addition to the ' City of Fayetteville , Arkansas , and lying adjacent to and North of Lots Ten ( 10 ) , Eleven ( 11 ) , Twelve ( 12 ) and Thirteen ( 13 ) , Block Eight ( 8 ) , Mt . View 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 par- ticularly described as follows : Beginning at the Southeast Corner of Lot One ( 1 ) , Block Seven ( 7 ) at the intersection of Read Avenue and. Company Street and thence running West two hundred and fifty ( 250 ) feet to the Southwest Corner of Lot Three ( 3 ) , Block Seven ( 7 ) , at the intersection of Vinson avenue and Company Street , thence South Forty ( 40 ) feet to the Northwest Corner of Lot Ten ( 10 ) , Block Eight ( 8 ) at said intersection , thence East two hundred and fifty ( 250 ) feet to the Northeast Corner of Lot Thirteen ( 13 ) , Block Eight ( 8 ) at the intersection of Read Avenue and Company Street , thence North forty ( 40 ) feet to the point of beginning , all within Mt . View Addition to the City of Fayetteville , Washington County , Arkansas . WHEREAS , after due notices as required by law , the Board of Directors , at the time and place mentioned in the notice , heard all persons desiring to be heard on the question , and has ascer - tained that the portion of Company Street hereinbefore described has heretofore been dedicated to the public use as a street herein described ; has not been actually used by the public generally for a period of at least five ( 5 ) years ; that all the owners ofzthe property abutting upon the portion of the street to be vacated have filed with the Board of Directors their written consent to such abandonment ; and that 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 : Section 1 . That 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 aforedescribed portion of Company Street in the City of Fayetteville , Arkansas ; provided , the City of Fayetteville hereby reserves twenty ( 20 ) feet of equal and uniform width along the North side of the afore -described portion of Company Street for a public utility and drainage ease - ment ; and as a condition to the closing of said portion of Company Street , the City shall be held free and harmless from liability as to any claims of the contiguous property owners for damages to the property described herein , which damage may result from the City or other utility companies removing and relocating all public utilities located in or upon said vacated street . Section 2 . A copy of this Ordinance , duly certified by the City Clerk , shall be filed in the office of the recorder of Washington County , and recorded in the deed records of the County . �p t ' VOL °2 JAS MICROOAT OCTr 9 REEL . 2 - Section 3 . This Ordinance shall be in full force and effect from and after its passage approval and publication , PASSED AND APPROVED THIS DAY OFC(ntP /� , 1975 . APPROVED : f22r�4 2 Jan) MAYO i ,'� ITY CLERK CERTIFICATE OF RECORD State of Arkansas City of Fayetteville ( Sa i I, Suzanne C. Kennedy, City C!cr;: and Ex-Officio recorder for the Ci;y of Fr.yette: file, do hereby certify that the a:, nr;,e;; . • r going t•tre- is of racord in my office and the sauno ap- pears in Ordinance & Resolution bok, o -- %V at page—cL—. witness my hand and seal this..__day of City Clerk and Ea-Officio ILcoor9�c CERTIFICATE OF RECORD STATE OF ARKANSAS Washington County ( SS. I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for Washington County, do hereby certify that the annexed or fore- goin instrument was filed' for record in my office on the qday of lYv at�o'clocfr�M�� and the same is duly recorded in oo��D �� recordat p3g%T3!?0 Witness my hand and seal this-ZAltday of .f ALMA KOLLMEYER Circuit Clerk and Ex-Officio Recorded _ 3Y Ala Da, u`,♦ Clerk l *Ala Vol Qt74 I ' • I i CERTIFICATE STATE OF ARKANSAS ) CITY OF FAYETTEVILLE ) I , DARLENE WESTBROOK, City Clerk within and for the City of Fayetteville , Arkansas , do hereby certify that the annexed and foregoing is MM a true and correct copy of the Fayetteville , Arkansas , np Ah • OX therein set forth , and the same is as it appears of Record in i pte /go ojci Volume at Page 6?1/ ?%( thereof . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this day of IAt ( �Ifs '0. / ILlle �l � 19 -U " r ♦ -' ,�I ` V �,�� O.. o . F�♦ CITY CLERK •'•wNr'�' von 882 350 STATE of ARKANSAS County of Washington t ORDMANCR NO. 2M AN ORDINANCE VACATING AND A BANMN'ING A PORTION OF COM - PANY .ME= LYING nE7sr MN VIN I, hereby certify that I SON AVEU. AND MAD s luta filed am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily tN ARM- . a wee EM Bled wide the Board e( �y.r" of me . City newspaper having a second class mailing privilege, and being not less than of FRVeaevllle. AIR yWe . an the 12th day of FeeIRmL 19M Wfes dee bard four pages of five columna each, published at a fixed place of business and at of Oanda+ to emRb and desddso a a fixed (daily ) intervals continuously in the City of Fayetteville, County of parRnu of Oases win between RON Avenue M Avenue In the Washington, Arkansas for more than a period of twelve months, circulated IHtV N phi'' ` ?Tl I and distributed from an established place of business to subscribers and As �Rowu ferry I/h) fent 1fh�' edlCewt readers generally of all classes in the City & County for a definite price for to and aloe tee ONO SM N Lala Dan (1) Tam (t) and Tame (3) In each copy, or a fixed price per annum, which price was fixed at what Is absel Seven (7), ML VIM Ad== considered the value of the publication, based upon the news value and to the elty e7 �ppp�11a Aekmma soy INo< adb,osyfK ane North at service value it contains, that at least fifty percent of the subscribers L - Trn not, �e+a� (I1); thereto have paid cash for their subscriptions to the newspaper or Its agents (12) 'MM 115ll. 11Nt 11Mt M. ML View to me VMS, or through recognized news dealers over a period of at least six months ; of Fgetdevme: not em' pis and that the said newspaper publishes an averse of more than forty percent of mw Cft* to the P g of tm ClNsutt Cllrlr and Fs4RkM news matter. of clfnu u 111111 t��Ua�1 09 I further certify that the legal notice hereto attached in the matter of soRdeert Owesr4iet -olr M�e seven 4T N the' M Aoenw Roy pp�Yety sheet and tG Inmhl( �IR-M thundred sed fifty 4250lt Y he aNnweeC ------- / )4D._Z:;:Z_ r) — - -------- -- - of Lotder.a_Ia14. f Vi IwM-.e" at roe �etleo d 't7mwoe n 4c m� Southe was published In the regular daily Issue of said newspaper for or • Block (9) at ossene aehw insertions as follows : said two Is ) MM5r-tee I --.. . Js----- day of I//� 19_7s N N), - The [fret insertion on the of /Deet. Y, me the second Insertion on the _. . __ _... day of __. 19............ W - the third Insertion on the ____-- _. day of '�ssld of nu the twrsetw -a mi and the fourth insertion on the ----------------- day of /-- - - V ----------------- to taO` aetmts.ap� has . nut seed , br m Public — -if O (sl ep ¢ —d � Sworn to and subscribed before me on tele _ - - .... day of . its dew anu 1 ------------------ _ _LY.i`..__. i be ..._ -- ----- 19--1-'�— 7R . NoO y Public till pq of Food$"*. .- d M Commission Expires: a is 1oPa�iMM Of MMI (7n lV/ ,�,9f, rftwe Nos _ �MiYI of use aft24 ^ c 4 Fees for Printing *"@mot an . So CO. .�� Coat of Proof --------- j..__.----_...-...c../-.-_. las .tq the Total ._----------- W iWtldrw Iuhi 'Leapt N this Otdhiame. _CHI. .Clark. "I ems N ON memdea cNou.._&nd.N4 1M h1 m the COONS. I. Oldlh. - shelf ee- In 11111 eNs md'ertent'flumand ale Ra we. sms.lVwr Jefelm.daX at. Approved: R. Orin Gmles [ppglsh -