HomeMy WebLinkAboutOrdinance 2366 • ' - tlltU I� Uh; rttUUKU ORDINANCE NO . as3-� 1977 AUG 22 PH 3: 32 WASHINGTOi.! COUNTY. ARK AN ORDINANCE VACATING AND ABANDONING A POR'A M 10XLRpWD STREET EAST OF SHERYL STREET AND NORTH OF ROLLIN(fAftr I1LS'LDRIVE AND A PORTION OF CARAWAY STREET BETWEEN LEVERETT AVENUE AND STORER AVENUE NORTH OF TAYLOR STREET . WHEREAS , petitions were duly filed with the Board of Directors of the City of Fayetteville , Arkansas asking the Board of Directors to vacate and abandon that portion of Roland Street East of Sheryl Street and North of Rolling Hills Drive in Oakland Hills Addition to the City of Fayetteville , Arkansas , and a portion of Caraway Street between Leverett Avenue and Storer Avenue North of Taylor Street in Leverett ' s Addition to the City of Fayetteville , Arkansas as per plat of said additions on file in the Office of the Circuit Court and Ex-Officio Recorder of Washington County , Arkansas ; and WHEREAS , after due notice as required by law , the Board of Directors has , at the time and place mentioned in the notices , heard all persons desiring to be heard on the question and has ascertained that the portions of said streets , herein- after described , have heretofore been dedicated to the public use as streets herein described ; have not been actually used by the public generally for a period of at least five ( 5 ) years subsequent to the filing of said plats ; that all the owners of the property abutting upon the portion of the streets to be vacated have filed with the Board of Directors their written consent to such abandonment ; and that the public interest and welfare will not be adversely affected by the abandonment of such streets . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the Board of Directors of the City of Fayetteville , Arkansas hereby releases , vacates and abandons all its rights , together with the rights of the public generally , subject to the reservation of utility easements as hereinafter provided , in and to the streets designated as follows : A portion of Roland Street 50 feet by 150 feet between Lots One , Block Three and Lot Six , Block Two , Oakland Hills Addition to the City of Fayetteville , Arkansas . and , A 40 foot street lying adjacent to and along the North side of Lot 5 in Block 2 , Leverett ' s Addition to the City of Fayetteville , Arkansas , and lying adjacent to and South of Lot 1 , Block 3 in Leverett ' s 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 particularly described as follows : Beginning at the Northeast corner of said Lot 5 , at the intersection of Caraway Street and Leverett Avenue , and running thence West 140 feet to the Northwest corner of Lot 5 , thence North 40 feet to the Southwest corner of said Lot 1 , thence East 140 feet to the Southeast corner of Lot 1 at the intersection of Caraway and Leverett Avenue , thence South 40 feet to the point of beginning. Section 2 . The City of Fayetteville , Arkansas hereby reserves utility easements on , over , across , and under the above described streets ; said utility easements shall be for the benefit of the City of Fayetteville , Arkansas , the electric power companies , the telephone companies , and gas companies . 941 535 MICROFILMED DATE OCT 1 1 1978 REEL - 2 - Section 3 . A copy of this ordinance , duly certified by the City Clerk , shall be filed in the Office of the Recorder of Washington County , Arkansas and recorded in the Deed Records of the County . Section 4 . This ordinance shall be in full force and effect from and after the time provided by law . PASSED AND APPROVED THISL<=R. DAY OF1? .Q , . 1977 . APPROVED : MAYOR ATTEST : CITY ,CLERK .. CERTIFICATE OF RECORD, • ' 7 � of State of Arkansas SS - CRY of Fayetteville 1, Darlene Westbrook, City Clerk and Ex. Officlo recorder for the City of Fayetteville, t:v noeetq c•c. tify that the unnexed or fore. going is of record in my office had the same appears inr8ta_GE_ was _________ book --- ---•-_- at page _6a9y._. Witness my hand and eal this __w.__Ll.______. day of Chy Clerk and Ex-Officio Recorder CERTIFICATE OF RECORD i .•.TF OF AMYJlSAS i SS. Weshin�tcn County I, Alma L. Kollmeyar, Circuit Clark and Fit-Officio Record •r foi Washington County, do hereby certitiy that the annexed _ r lore. going in ument was filed for recpraj_in my office on the2 ?•day of q: IYUat3 "o'clock M, and the same is duly recorded in " 0(� � record 'f at page�S� Witness my hand and seal this�r�1day of 19�77 WW KOLLMfYER Circuit Clerk and yx,Officio Recordsej%A Deputy Clerk STATE of ARKANSAS 1 Jy es. ORDWANCE NO. Ma County Of Washington AN ORDINANCE VACATING ANDI ABANDONING A PORTION OF HOli STREET EAST OF SHERYL 1M�� r. __ STREET AND NORTH OF ROLLING 1 V� �r ` H hereby certify that I ❑1L1S DRIVE AND A PORTION OF VVVV''� `'���"`��^^``++++����t���� ''' 5 - C A R A W A Y STREET BETWEEN am the Publisher of THE NOR WEST ARKANSAS TIMES, a daily LEY F:RETT AVENUE AND STORER A c E N U E NORTH OF TAYLOR newspaper having a second class mailing privilege, and being not less than S TRE ET. [our pages of five columns each, published at a fixed place of business and at WHEREAS, pef.Cnus were duly filed o .at the heard he bnxlnrs of Ole Ow of a fixed (dally ) intervals continuously in the City of Fayetteville, County of f DiOtteeWin le vaer:Re. Archin:cate nett abandon aakino this oWashington, Arkansas for more than a period of twelve months, circulated of Vint pi to Band street Eaat of and distributed from an established place of business to subscribers and Sheryl effect and North or Rolbng HIM Drive in Oakland Rine Addition m the readers generally of all classes in the City & County for a definite price for Cqof Fayetteville. Arkansas, and a each copy, or a fixed price per annum, which price was fixed at what is yedinn of real street between Learned Avenue and state Avtnaa considered the value of the publication, based upon the news value and Nowt at Taylor strut M Leverets service value it contains, that at least fifty percent of the subscribers Addition W Me Cirity of Fayetteville, Arlian..ae as par plat or said additions thereto have paid cash for their subscriptions to the newspaper or its agents on file is the Office d We Circuit Court and Ex-Orrivlo. Racmer of Washugggn or through recognized news dealers over a period of at least six months : Coo". Arkansas• and and that the said newspaper publishes an average of more than forty percent WHEREAS, alter due soap as aqu.:rd Ice iaw, the atard of IBrericea news matter. has. it the time and Place ment:omd M the lined., nears all persons desiring I further certify that the legal notice hereto attached 1n the matter of e nt• hed on the question and has y g smads; iaetl Mat rW rifting of sue Mrede .dwe#Ater deeirmilardl eve recensions bank dedieaterd ath go fin" use as Mid herein described: have r, ,� /•a �� /� not been atluelly used by Ne patello ....—_._..__—._._.._..__.. generally for a panod a at lenat five G• years subsequent to tie filing of ,ad plata: Nat an the o..nere of the was published in the regular dally issue of said newspaper for_----. .__._.__ ._... Properly abusing will the portion of the streets to be vacated have filed insertion as follows : n•M the Board of rerertors nil.: wrtbn consent m such abandonment: and that -((((�^^^'^ttIt ���,�''��`�''rrn/'`��� x'1'''1 the Polthc Interest am wenare will not The first insertion on the _._�..... -- -----_-- day of . vet.._ 19....5_..1 be aAcersefy affected by the aban- U deal of >nch enreefi. NOW, THEREFORE, BE IT OR- the second Insertion on the __. --------------- day of __. __._..._ 19..._._...... D.AINED BY THE BOARD OF DIRECTORS OF THE CITY OF 1 FAYETTEVILLE, ARKANSAS: the third Insertion on the __..___._._...__ ... day of --------- 19..___..... Sector 1. That the Board of Doren Win of the City N Fayetteville. Arkadasa hereby releases, vacetea and and the fourth insertion on the abandms an its runnel, together with day fl[ ____ ---_------------ 19..._...- the rint4 s ted pthtic Provided i, subject to the reservation d injury levlkS_. _ifJ^b' I�. _Y_T aged he the as bavMeRer pias fig t4 and m rte streets dtaineded et fm fee ' b portion50fK t o stilet 50 feet by ISD fed bet - Lots OM, Block Three and E.at .trio„ Black Turn.. Oakland Nina AAddSdt1t�ppto M the Ou7 Sworn to and subscribed before me on this .... day of ..________._._ N FydllaWe, Areawe. And .A 40 but street t h adjacent to W 19--- aid along Me North aide of W[ 3 _----- __...._. .__-. CiBlock 2. ichi g, Addition b the City d FWettnille, Arhamaa, as per Ex- light ar nld Addition hit tile in the '•� ounce of Me Circuit Clark and Eli- �� office Romi of W"Iwiotl County.and ArtnNo y PaDlic -- —__ nsae. mea panho tarty described as follows: Beginning a the' Northeast corner of said ] S, at m Chile intaw YCaaRAaP'! t ata My Commission Expires : Levetett Avenue sued mane tbenee Oral lY fat M 1st NalYPe tomer Or Daze Lett ffyam Haslet Y to roe Sath turner of sad fitt t 1,1. these — - East 14040SC reef to the StRshead corner ------ of La 1 d the ormilocccon of Caraway and L`verett Avenue thence South 40 rest W the point d bd Siv- goes. Flee for Printing ......_ _...__ .\ L Secuta L TM City of Fayetteville. Arkaneas hereby resenes ml easemt•nta an, over, *mss, and trader Cost of Proof _..._ ...__. {._------___._._.._.._-- lire alawe described access; end uhlfti I anomants doll he her the cenefit of \ the C. el Fayetteville. Arlc nam, Md electric Mower complains. the tdephma Total ............._. _._..._.......:=.`�.-- companies. and gas.pmpNK Section 3. A qy a this ordinance duly certified by the city Clerk, shoo: be filed In Me Dowel of the Recorder of Washingbn County. Arkanom anti reeanled in Me Dead Records of the Cq M1 . Section a. This ordNaece Wal be full force half effect from and after e time provided Inc law. PASSED AND APPROVED THIS e 1 DAY OF August ISA. APPROVED: Ernest E. Laneuter MAYOR ATTEST: IlerieM Westbrook CITY WEEK I Te 14