HomeMy WebLinkAboutOrdinance 2291 F �
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• ORDINANCE NOL
` '76 NOV 24 AIa 10: 19
AN ORDINANCE VACATING AN UNOPENED PORTION OF GA bDjAVENUE
LOCATED BETWEEN WEST CENTER STREET AND CALIFORNIA DR �h�f4OAK:Ji7r
PARK PLACE ADDITION TO THE CITY OF FAYETTEVILLE , ARK I`OLLMEvr,�
R JIT CLEnif
WHEREAS , a petition was duly filed with the Board of
Directors of the City of Fayetteville , Arkansas , on the 22nd
day of October , 1976 , asking the Board of Directors to vacate
and abandon all that portion of a street designated on the plat
of the original Oak Park Place Addition to the City of Fayetteville ,
Arkansas ; and
WHEREAS , after due notices as required by law , the Board
j of Directors has , at the time and place mentioned in said notice ,
heard all persons desiring to be heard on the question and has
ascertained that the streetor the portion thereof , hereinafter
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 years subsequently to the
filing of the plat and is not needed for public purposes ; that
all the owners of the property abutting upon the portion ofthe
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 Board of Directors hereby releases ,
vacates and abandons all its rights , together with the rights of
the public generally , in and to the street designated as follows :
A rectangular section of Garland Avenue immediately South
of Maryland Street a/k/a West Center Street as that street
is originally platted and immediately North of California
Drive as that street is also platted on the official plats
and records , being more adequately described as follows :
Beginning at the Northeast corner of Lots 600 , Oak Park
Place Addition to the City of Fayetteville , Arkansas , and
running thence South to where the East boundary of Stadium
Drive intersects Garland Avenue , then East to the Southwest
corner of Lot 116 of Oak Park Place Addition , thence North
along the East boundary line of Garland Avenue as platted ,
to a point opposite the beginning point as hereinabove set
forth , thence West 40 feet to the point of beginning .
Section 2 . The City of Fayetteville hereby reserves a
utility line easement on , over , across , and under the above
described street to construct , lay , remove , relay , enlarge and
operate public utility lines and drainage structures ; said utility
easements shall also be for the benefit of the electric power
company , telephone company , gas company , and cable television
company . '
Section 3 . As a condition to the abandonment of said 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 public utility
lines located in or upon said vacated street .
DEED 919 1216
MICROFILMED
DATE A REEL I q 978
l
Section 4 . A copy of this 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 .
PASSED AND APPROVED THIS DAY OF 1976 .
APPROVED :
n MAYOR °
CERTIFICATE OF RECORD
State of Arkansas ( SS
City of Fayetteville
I. r rnn--e C. Kennedy, City Clerk and
F. f the City of Fayetteville,
d. t Ch ,. rta;:-�;r_�'. or fore-
9 i - ay e3 !"o
.. i t` L `8t^le aP
racss my
hand and seal 1 ' is_ .- _ . --- _-day of
City Clerk and Ex-Officio Recorder
919 137
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//��a true and correct �cyopy of the Fayetteville ,
Arkansas , (1[j1dtoy /JnrAl � 7 , therein set forth ,
and the same is as it appears of Record inC �AGPJQ/
J 0 �
Volume
at Page A— thereof .
IN WITNESS WHEREOF , I have hereunto
set my hand and affixed my official
seal this day of
CITY CLERK
n�E� 919 138
OHD
Afrna L. I(ellmeyer, Circuit CI^Cc and ExOfficio R
Washir,�)on County, do hereby cerin
goin ; ecord�r fog
Bccccc.....n,,s,._____„-u, Crit Was filed f r Y that if i annaxed .,r /
of rte., 1 record i ore.
/ �-ed i at lY office on th�ay
duty recorded in� cOrc LO,�, and th
Witness m r^cord p C Same is
Y hand and seal Y,rat pagc��y
ay1(0
of
Circuit Clerk and
'%-Officiorde
BY
Deputy Clerk
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