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 Tr