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Home My WebLink AboutOrdinance 2447 - r' LED FOP, REt ORU ' 78 JUIN 13 PPI is 07 V1ASHiMGTOM COUNTY 1Mi MiS S .: LMA MULLMEYER ORDINANCE N0 . a��/ CIFf:n; T rl_ Ef, l( AN ORDINANCE VACATING AN UNOPENED , PLATTED STREET IN TOMLYN VALLEY VIEW ADDITION OF THE CITY OF FAYETTEVILLE , ARKANSAS . WHEREAS , the Board of Directors has the authority under Ark . Stat . 19 - 2304 to vacate portions of streets which are not required for corporate purposes ; and WHEREAS , the Board of- Directors has determined that the following described portion of Tomlyn Valley View Addition is a platted but unopened street which is not required for corporate purposes . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That 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 property : Beginning at the Northeast corner of Lot 4 of Tomlyn Valley View Addition of the City of Fayetteville , Arkansas as per plat of said subdivision on file in the office of the Circuit Clerk and Ex- Officio Recorder of Washington County , Arkansas ; thence East 20 feet ; thence South 233 . 3 feet ; thence West 20 feet ; thence North 233 . 3 feet to the point of beginning . Also , beginning at the NE corner of Lot 12 of Tomlyn Valley View Addition of the City of Fayetteville , Arkansas , as per plat of said Subdivision on file in the Office of the Circuit Clerk and Ex- Officio Recorder of Washing - ton County , Arkansas ; thence East 20 feet ; thence South 172 . 6 feet ; thence West 20 feet ; thence North 172 . 6 feet to the point of beginning . Section 2 . The City of Fayetteville hereby reserves an easement on , over , across , and under the above described street to construct , lay , remove , relay , enlarge , and operate water and/ or sewer pipe lines . 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 . Section 4 . Said utility easement shall be for the benefit of the electric power companies , telephone companies , gas companies , and the City of Fayetteville , Arkansas . Section 5 . 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 . >� 965 624 MICROFIbp DATE 1 71979 REEDIT,,. Section 6 . This ordinance shall be in full force and effect from and after its passage , approval and publication . PASSED AND APPROVED THIS L_ day of frp � 1978 . APPROVED : * MAYOR ;• ' � 'rAYfr , til1TTE�ST j '•. • �� s •.r t ;.CL Y, CLERK CERTIFICATE OF RECORD ARKANSAS i :cn County i SS. Abna L. Kollmeyer, Circuit Clerk and Ex-Officio Recordor TL Nashington County, do hereby certify that the annexed . r t;,Te: loin„ trument was filed for record in my office on the /6J day of2-N _ 19t/:Aj'clor.!c PM, and the sa::�e is duly recorded in 0 record_ ��at pal;_ �oe1o� Witness my hand and seal this /IF day of 19Zp Circuit Clerk and Ex- ,cio Reco By Deputv Clerk CERTIFICATE OF RECORD State of Arkansas City of FaYettcvilla f SS I, Sr. gnne Ex" C. Kin:edy City Ct,,.k do 7f is=� rer e f:;rt' o City of ., , ,. and -• •6 Geri: . til et:avi,la, g= - -`. W rerord is ` ` %'t' fore. tnYCl; ,re , ;' �l f :•e !;Tn nD. ne,:.-si�s C : li taace hand and sr.:: :., l , n�ss mY 1 t,..�__ - �� of City Clerk andl ® 965 625 STATE of ARKANSAS es. County of Washington - ^ _ ^ - - 1, V H SI=�YY�'y hereby certify that I ORDNANCE NO. lost am the Publisher of THE NO HWEST ARKANSAS TIMES, a dally AN ORDINANCE DIHAVACATING AN UNOPENED, NCEPLATTED V STRIM IN newspaper g privilege, and being not less than P Per having a second class mailing TOMLYN VALLEY view ADDrrft OF four pages of five columns each, published at a fixed place of business and at THE CITY OFPAYMEVILI$ sm, a fixed (daily ) intervals continuously in the City of Fayetteville, County of OWNE1111 e►ClilWa 6ae ' Washington, Arkansas for more than a period of twelve months, circulated All. Stet 1►>7a1 b Yafale ron prwu �MdlenMn 1 . and distributed from an established place of business to subscribers and yarcd REAS the Roa sl of t aha readers generally of all classes in the City & County for a definite price for WHEREAS the ht ld of nK otscr hes detern�naa d,al me ay %ang erItIvAn -n each copy, or a fixed price per annum, which price was fixed at what is AS a pla led but at lo �alled tie.which s port considered the value of the publication, based upon the news value and reVu4ed lard a fIOW ��ppE1IDpAAI� service value It contains, that at least fifty percent of the subscribers Rv THE OP OfYL7D118 OF thereto have paid cash for their subscriptions to the newspaper or its agents ' HR CITYOF YRT14TIR ARYA . or through recognized news dealers over a period of at least six months ; ,„ uan 1. 7M �t� and that the said newspaper publishes an average of more than forty percent 11 andons ~� yf news matter. abandae W dib Ib rights d ere av therea n .011allfillty eseerioni in land I further certify that the legal notice hereto attached in the matter of to tne tuaowmg desenbed property Regimmny al the Northeast corn, r of L.N 401' Tome m allei t Irw Addluon at the G Ira Fayetteville, Arkansas as • plot a ppnn 6 #- n ll syv ��/1 Circ s Chorkiae an file m the dike athe ------------ ----------_.-----1._—--- ---------------_--------------__.---__._....----------. . _. CTrattil CTeel sadF IN - wa moom (:amt East 30fae; Itima m3 filed, was published 1n the regular daily issue of said newspaper for ....... Clisnee wee s fast;Xffle Ham consecutive insertions as follows : fdWt a � - - asThe first insertion on the 2 I __ day of _ _..i.. ..-C--__. 19-1 -_- said clerk afhe lee of the Circuit CIM old Arlocto Recorder „r ,t z,Washington theory. Arkansas, men« the second insertion on the _ _. _ day of _. ___ __ 19._.--.-._- tlan mi to a,t . mt. thence Se No h 11 feet. honer wrsl :b eget inn. ee Yorin 1 iT.a feel .r isctontrt beginning.of the third insertion on the - _ _ -_. day of --- ------------ 19----.--__. 5,v1 ti t. The Clp' an, over Acrohereby reseri es an easement on, over.street to and ..trier me chose described stroet to eon- and the fourth Insertion on the day of ._--__----______ 9---_ -- ,Inns :e. remi rtlay , enlarge, and perale uateraMur aver pipe Lnea. IVfa�'J`/\K+- r✓.Y_� � --- Snt fol 6 Ala condition thy the about In hen- fi-re of said ureN Ne Cab tyiR held ----_ — n]. and harmless frons s liability as O any la ms of the to the pr property nomas n r damages to the properly t fronbhe ere n. which dame r comp .ull frwine Sworn to and subscribed before me on this ._. ... ..___ day of -_.--_------.— rui cis other Public corny line leans inn aha ron sandnt public it"t. linea la steel in ur upon sold vacated street. n/ Section a. Said Wilily easamept Shull he ------------------------- ------ --_... 10_0 for he heroic of the electric poise- eom- pames telephone eompamea, gas com- panies. and the t'ity of Favetledle. Arkare _ sea section s A copy of this ordovaore duly No Publle eerblled by the Cory t'Ierk shall tee filed in the office of the Recorder of :he County and recorded in live Dtsd Rsv nrds it the Com It My Commission Expires : Section 6. This ordmence shall be In full forts eaercmha n ctlasilets passage Appal and publication PASSED AND APPRtNEU THIS a day Of Jure, tm. ' APPRO'lED. V Ermsl a Larx•aster Fees for Printingy I MnYON _.--._ _— ' ATTEST' Darienewestbrunk Cost of Proof _._..._ ' CITICLERK It<. l, - Tota] ............. 5----_...-.---.._.--