HomeMy WebLinkAboutOrdinance 2396 FILED
FOR RECORD
ORDINANCE NO . a3g6 077 NOV 29 AN 9: 07
WASHINGTON COUNTY
AN ORDINANCE VACATING AND ABANDONING A PORTIONARKANSAS
STORER AVENUE BETWEEN LAWSON AND SYCAMORE STREETS . � MEK
CIRRCUITCUITYER CLERK
Whereas , a Petition was duly filed with the Board of
Directors of the City of Fayetteville , Arkansas , on the 26th
day of October , 1977 , asking the Board of Directors to
vacate and abandon the following described portion of Storer
Avenue between Lawson and Sycamore Streets ; and
Whereas , after due notice as required by law , the Board
of Directors has , at the time and place set forth in the
Notice , heard all persons desiring to be heard on the question
and has ascertained that the portion of the street hereinafter
described has heretofore been dedicated to the public use as
a street ; has not actually been used by the public for a
period of many years ; that all of the owners of the property
adjoining and abutting upon the street to be vacated have
consented to the abandonment ; 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 DIRECTORS
OF THE CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 . The City of Fayetteville , Arkansas , hereby
releases , vacates , and abandons all of its rights , together
with the rights of the public generally , subject to the
reservation of utility easements in and to the following
described street , to -wit :
Part of the Northwest Quarter of the Northwest Quarter
of Section 9 , Township 16 North , Range 30 West , described
as beginning 525 feet South and290 feet West of the
Northeast corner of said 40 acre tract ; and running
thence West 40 feet ; thence South 175 feet ; thence
East 40 feet ; thence North 175 feet to the Point of
Beginning .
Section 2 . The City of Fayetteville hereby reserves a
utility easement , on , over , across , and under the following
described portion of the aforesaid street to construct , lay ,
remove , relay , enlarge , and operate public utility lines ,
to -wit :
or
pplCRO ® L910
DA'TE��
2WJJAf
Part of the Northwest Quarter of the Northwest Quarter
of Section 9 , Township 16 North , Range 30 West , described
as beginning 525 feet South and 290 feet West of the
Northeast corner of said 40 acre tract ; and running
thence West 15 feet ; thence South 175 feet ; thence East
15 feet ; thence North 175 feet to the Point of Beginning .
Said utility easement shall be for the benefit of the electric
power companies , telephone companies , gas companies , and the
City of Fayetteville , Arkansas .
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 may result
from the City , or other utility companies , removing and
relocating public utility lines located in or upon said
vacated street .
Section 4 . 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
Washington County .
PASSED AND APPROVED THIS DAY OF
1977 .
APPROVED :
MAYOR
10
6 "�;TiCEf�j
lel
r Ul]kwTIFYCATI' OF AOECI RD
3 Sl6
State of .Arkansas Iif SS
,<a�i` ��y♦@I+ ' dLK ' 1...JityofFayetteville
rr1a;1C{tT�E. OF RECORD T, Darlene Westbrook, Cit Clerk and Ex-
rn + eft , y
-r_ c�:r • aNSAs ] .5�.- �
Officio recorder for the City of Fayetteville,
WashinCton couniy heveby certify that the annexed or fore-
I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder foi : nittg is of record in my Office and the enure
Washington County, do hereby certify that :he annnxed -, rCfore -..pears In ddM 4u& 2Ar book
going tC,strument was filed for record in my mice on the� da> , — W / '/� y/
of �o-.� 19��at-f56orkA P.1, and th< sa. ie is - — at page C?!&✓% L/Witness my
duly recorded in !�.[o G� record—�JSF at pag::)#I h:.,d and seal this _—.i-�O/-/,— day Of
Witness my hand and seal this 30 day of x_13�7 , 191.1—.
-DfF10�C Ko1,1�M. .��y --
Circuit Clerk and - - — -- ---
Ex-0ff10 Recorded City Cleek (=:d (Ex-OHietc FQ,eeorder
DePutyOark 94iy ? U
STATE of ARKANSAS 1
County of Washington J} ga.
11 �✓- '1'f'"�� y. _ hereby certify that I
am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily
newspaper having a second class mailing privilege, and being not legs than
.ORDINANCE NO. CI be four pages of five columns each, published at a fixed place of business and at
AN VACATDIG AND a fixed (daily ) intervals continuously in the City of Fayetteville, County of
A EEN LN OF N AND Washington, Arkansas for more than 8 period of twelve months, circulated
AMMOM 6A POR LAMBDN AND
SYCAMORESTREETS and distributed from an established place of business to subscribers and
. I P,nii ,.. n. fms:. ,e readers generally of all classes in the City & County for a definite price for
each copy, or a fixed price per annum, which price was fixed at what Is
considered the value of the publication, based upon the news value and
" r II - service value it contains, that at least tiff
_, ,. .r Y Percent of the subscribers
,.. , ,, .,,n„re thereto have paid cash for their subscriptions to the newspaper or Its agents
� -aymradby or through recognized news dealers over a period of at least six months ;
- ., t lbeWae and that the said newspaper publishes an average of more than forty percent
heard 19 news matter.
b.., ,re =, I”
.m+ �, _ .I that the
�Ie+e1 I further certify that the legal notice hereto attached in the matter of
1M
r
-I nv
..r "" t roprrty it
he ------
�.._ ...------_—_. _-__-------- ._..
edb 1
by was published 1n the regular daily Issue of said newspaper for
r .vIT insertion as follows :
, t I -.e. LAITORDAS OF
It - V: ryiit ' I � lrt NET ORS EL _
A Rs. AS tlh' PAY h:TTEVII.I.E. -
AsaApghs. : r The first insertion on the -- day of ...... 19.._�..
s+ctisn h The holes or Fayetteville.
trkavns, hereby refits.i
to etheatels.r with
and
-.:Man all pubic generally,
subject
lto the second insertion on the day of ......... 19___.__._.
ems d We public generally, +ubiin to
refervaling de utility strements in and
.be following the described street. totsm of the third Insertion on the __ ____—__ day of ...................____.... 19.___.... .
II th es the Ner of Set Qwrtee d the
, rmrth. Rangerdsectione described
Township
North. Range so ween, de+ feet as and the fourth Insertion on the - day of __._...___.... 19____._.
Clnnin8 d95lest Snlh and t90 feet West - ^'
.I the Northeast corer d said as acre //�sD
It am running thence Westpwas feet. t r �,
.,ee sb in feel dense East a feet . Vr
r..,tce Norus Its fees b On point of --�-_-
I, . hereby
,a�n The ciq- nr Fayetteville nP Sworn to and subscribed before me on this ______.......... day of
---dI
i
Ile L
-�Q.osfI-IrI
NottaWPublic
.i
r. MY Commission Expires:
_on � L J/---�
r.an as. v
LIM
for da
Loy -1� :d �: -rlr., frod [�
Clatma d mnuge+ lis - Fees for Printing ___..... S-a . ao
awnen
drrribad hweln which may olrmy n
the City, w other utility companies,
removing and relocating public utility gar Cost of Proof _ .____ _---------__ ............
located law upen+nid vacated stories. _
Sectien a A copy of this ordirlanee duly
e
pit r, ;he , I clerk shag be filed in Total ........—__ ;---- .ao-
• ' .r of Washington
v IIS:_ .he Deed 14rdrds
„, ,,,
PASSED Un \PPMALD 1'RIa 15
DAYOFNDII ESIaER. IVR
APPROVED-
'ErnwtE Lancaster
IrreSTIr
1�rlev Balt ,
