HomeMy WebLinkAboutOrdinance 2345 HLLU r ` ;;
i ! 7 JUN 17 nN 9: 39
ORDINANCE NOe o�3�.S� rr'ASfi i ON COUNTY, ARK
ALMA h3LLMEYER
AN ORDINANCE VACATING AND ABANDONING A PORTION rdFrU' CLtRt rf4�
BIRCH AVENUE LOCATED SOUTH OF ASH STREET AND NORTH OF
SYCAMORE STREET AS EXTENDED .
WHEREAS , a petition was duly filed with the Board of
Directors of the City of Fayetteville , on the 23rd day of
February , 1977 , asking the Board of Directors to vacate
and abandon that portion of Birch Avenue located South of
Ash Street and North of Sycamore Street as extended and
more particularly described as follows :
Beginning at a point five feet south of the
northeast corner of Lot 1 , Block 11 of Parker ' s
Plat of Valley View Acres ; thence in a south-
southeasterly direction along the west line of
lots 1 and 12 of Block 11 to a point 10 feet
north of the North right-of-way of the St . Louis
and San Francisco Railroad ; thence northeast
to the south line of lot 10 , Block 7 to a
point 40 feet due east from the point of be-
ginning ; thence 40 feet west to the point of
beginning .
WHEREAS , after due notice as required by law , the
Board of Directors has , at the time and place mentioned
in the Notice , heard all persons desiring to be heard on
the question and has ascertained that the portion of
Birch Avenue hereinbefore described has heretofore been
dedicated to the public use as a street ; has not been
actually used by the public generally for a period of at
least five ( 5 ) years subsequent to the filing of the
plat , that all owners of the property abutting upon said
portion of Birch Avenue to be vacated have filed with the
Board of Directors their written consent to such abandon-
ment ; 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 DIREC -
TORS OF THE CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 , The City of Fayetteville , Arkansas , hereby
releases , vacates and abandons all its rights , together
with the rights of the public generally , in and to said
street , subject to the reservation of utility easements ,
described as follows :
166
MICROFILMED
DATE OCT 1 7 1978
REEL��
ORDINANCE NO .
Page Two
Beginning at a point five feet south of the
northeast corner of Lot 1 , Block 11 of Parker ' s
Plat of Valley View Acres ; thence in a south-
southeasterly direction along the west line of
lots 1 and 12 of Block 11 to a point 10 feet
north of the North right-of-way of the St . Louis
and San Francisco Railroad ; thence northeast
to the south line of lot 10 , Block 7 to a
point 40 feet due east from the point of be-
ginning ; thence 40 feet west to the point of
beginning .
Section 2 . The City of Fayetteville , Arkansas , hereby
reserves utility easements on , over , across and under the
above described street for the benefit of the City of
Fayetteville , Arkansas , and the electric power companies ,
telephone companies , gas companies , and cable television
companies .
Section 3 . 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 ,
1977 .
APPROVED :
zn
C: MAYOR
4 \
CERTIFICATE 3F RECORD
ATT ES j!
+ State of Arkansas SS
City of Fayetteville
d '•, L/ 1 • Darlene Westbrook, City Clerk and Ex-
� �� ''• • CITY CLERK Officio recorder for the City of Fayett,^.ville,
. • ' ^ do hereby cerci."y that the annexed or fore-
going is of record in my offi e (Ind the ame
appears in. - 1 ook
at page Witness my
N3 ha and seal this 7 day of
170 19.L_
City Clerk and Ex-Officio Recorder
�R� IFICATE DF x vV�D
/ p KA ' , nd EX.Dt, Recdroe tore
HSPS ` S5. {cio
STv4a�nEton countl eYer, c Cle�t{lY that the anm=xe day ,
cpit the
1, AIma 1.. Kollin do hereby ca my otflcI a n the sama )s
to collo Y . tfor re it 4 an
go{nhg{� trule
mentwast{19 `�t "r' cOrK atPag,°19i- /
record
ay of F
of ed in seal this L
duty re- and cKeoit clef
Witness mY nand Reeoa ed
.01ticio
BY Deputy clerK
STATE of ARKANSAS 1
County of Washington
ORDINANCE NO. 1343
nN ORDINANCE 3 ACATING ANn i 1 -_ _ -., . ---_ - _ -_ _ _ - hereby certify that l
yli %% ONIVG A PORTION OF BIRCH -- - – -
cENCE LOCATED SOUTH OF Asn am the Publisher of THE NO HWEST ARKANSAS TIMES, a dally
-rREE.T AND NORTH OF SYCAMORE
INPFT AS EXTENDED- newspaper having a second class mailing privilege, and being not lees than
•.v11ERAS. a petaim was defy filed four pages of five columns each, published at a fixed place of business and at
it ane a,ard or nirItehce 2 or me Car a fixed ( daily ) Intervals continuously In the City of Fayetteville, County of
th elf oiile. on Zhe 19rd day of
, hricon . 197, asking the second of Washington, p
o n`htom 11 "„ al^ and abandon rant gton, Arkansas for more than a period o[ twelve months, circulated
.,.,,tion ar siren Avenee loeakd sanm and distributed from an established place of business to subscribers and
I! Ash , st4'eet and Nanb of SwArdore '
sti6et Ya extended all amore POOCulRrlc readers generally of all classes in the City & County for a definite price for
drecribed es tie's each copy, or a fixed price per annum, which rice was fixed at what Is
ReidaMng at a polnl nve feet south nuf
,r tM1r rsmheaet corner or lad 1. at considered the value of the publication, based upon the news value and
r:,, sae's Plat or vnbr Vol service value it contains, that at least fifty in a south-Valley erir Y percent of the subscribers
.. oin at, .,g the wed line or lots thereto have paid cash for their subscriptions to the newspaper or its agents
1 ud :1 of Sisk 11 to a point 10
BOL noon If the North right-Of-Way or through recognized news dealers over a period of at least six months :
i
jLk
. Loma .fid can thensouthand that the said news a p g y percent
li
ast m tba Baum p per ubltshes an avers a o[ more than tort to a pilot In news matter.
the pm of
el west to the I further certify that the legal notice hereto attached in the matter of
. , u reyutredbat winiatimm in
ythe �1fge��a`��fgpp n has.,
� tp y{ 'Sllfp 'p Iresnoea and debbhns �—
.ecega�aaR ro.t of Birch
- = --z3y�--------------------- -
AMwa described has
Irrenrmre let, m 'lee pul lc was published in the regular daily issue of said newspaper for .
by - r �l t, for Actuallysso kreyaused i1BR9eeetlYA Insertiorto as follows :
of m pOeeeDan,
to W Rare �7
of n yid The first insertion on the --._ .. ... day of
vacs
Dirsed
t an "i the second insertion on the ____------ ------------- day of ... ... 19----------.-
Interest
and Ifo" y af-
ro by such the third Insertion on the ___-_--.-_-____...._.- --- day of ---------------------- 19____--------
NO THEILEFORE 9 M OR- I
t!Y OFday of --__.e ...-.____.
OF
OR 1)aJ?J_(ey�rGoiwN/
F an the fourth Insertion on e –_------_
1. 1M 'die. ,
b And
is
with
t lbw ' a in
b In
he
t • mage. Sworn to and subscribed before me on this 02 Of da7 of -..-__....—
a.
o t'orelr 1,
A or Parra t'e PIM n .1MIeT —^»-_-_—.-. 19---L�
Acres; tbaoeo 10 a
directlaf a(ewL' a. . --- -
1 and It ad Eleck 11
reet N
ofthe
' Raiiro d No y Public
line w
fre
b ¢ �M
point - M Commission Expires :
serY
'Araanousn axg, G
e:inemmin 00
Ilse above W4" -
berMit of lbs Car of FavemoolK
Arkansan, and lbs electric eeeer
c,,mpantaa,
ae eompew
navyaniea, and cable WevYbsin mmF¢Be for Printing ---_
Va s.
section ...
3. A lop) of this ordinance
, d fficis eined by a4 dere man Cost of Proof ._.__..___. f_------...._
hc
in the office of the Recorder
of the County and recorded in the Deed
Her%SS] of the only. Total
PAtiNF.n ,A\T3 .APPNOVF.D TIir9 7 __---•—.---- f—.............
DAY OF June, all
APPROVED'
Ereert E. l.nncnnler
ATTEST:
MAYOR '
Dettew wentrbrooY —
CITY CI,F,RE
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