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HomeMy WebLinkAboutOrdinance 2462 WILED FOR RECORD '1313 SEP 27 ,ILS '9 09 " SKi ' GTO'W CT�UNT'Y. ARK. ORDINANCE NO . a�1 " eKi XOLUMEOYER CIRCUIT CLERK AN ORDINANCE VACATING PORTIONS OF TREADWELL STREET , BUCHANAN AVENUE , DELAWARE AVENUE AND OHIO STREET . 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 streets are not required for corporate purposes . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE : 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 : Tract 1 A portion of Treadwell Street and Buchanan Avenue in the I . W . Duncan Addition to the City of Fayette - ville and a portion of Treadwell Street in the Oak Park Place Addition to the City of Fayetteville and being more particularly described as follows , to -wit : Beginning at the Northeast corner of Lot 1 , Block 8 of the I . W . Duncan Addition , thence South 255 ' , thence West 195 ' to the Southeast corner of Lot 212 of the Oak Park Place Addition , thence West along the South line of said Lot 212 to its intersection with the East Right of Way line of Delaware Street as platted , thence South 80 ' , more or less , to a point on the Northwesterly line of Lot 302 of the Oak Park Place Addition , thence Northeasterly 15 ' , more or less , to a point on the North line of said Lot 302 , . thence East 128 ' , more or less , along the North line of Lots 302 , 301 , and 300 of said Oak Park Place Addition to the Northwest corner of Lot 1 , Block 9 , of the I . W . Duncan Addition , thence East 195 ' thence South 335 ' , thence East 50 ' , thence North 335 ' thence East 195 ' , thence North 50 ' , thence West 195 ' , thence North 255 ' , thence West 50 ' to the point of beginning . Tract 2 A portion of Delaware Avenue in the Oak Park Place Addition to the City of Fayetteville and being more particularly described as follows , to -wit : Beginning at the Southeast corner of Lot 509 of said Addition , thence Northeasterly along a curve which describes the Easterly and Southeasterly boundaries as platted of Lots 509 , 503 , 501 and 500 in said Addition to the South- east corner of said Lot 500 , thence North along the East line of said Lot 500 to its intersection with the South ® 973 484 MICROFILMED DATE_ OCT I REEL_ 114 Right of Way line of California Boulevard , thence North- easterly along said South Right of Way line to its intersection with the West line of Lot 209 of said Addition , thence South 240 ' , more or less , to a point on the Northwesterly boundary of Lot 302 of said Addition thence , Southwesterly to the Northeast corner of Lot 303 of said Addition , thence Westerly and Southwesterly along a curve .which describes the North and Northwesterly boundaries , as platted , of Lots 303 and 304 of said Addition to the Southwest corner of said Lot 304 , thence West 40 ' to the point of beginning . Tract 3 All that portion of Ohio Street lying between Delaware Avenue and Virginia Avenue in the Oak Park Place Addition to the City of Fayetteville , Arkansas , and being more particularly described as follows , to -wit : Beginning at a point which is 30 ' South of the Northwest corner of lot 517 in said Addition , thence South 40 ' to the centerline of Ohio Street as platted , said point being 440 ' North of and 97 . 61 ' East of the Southwest corner of the NW 1 / 4 - SW 1 / 4 of Section 16 , Township 16 North , Range 30 West , thence South 15 ° 17 ' West 35 . 12 ' to a point on the West line of . lot 800 in said Addition , thence Northeasterly along a curve having a 20 ' radius 26 . 07 ' to a point on the North line of said lot 800 , thence East 195 ' , more or less , thence Southeasterly along a curve having a 20 ' radius 31 . 41 ' to a point 30 ' North of the Southeast corner of lot 812 of said Addition , thence North 60 ' , thence West 203 . 5 ' , thence Northwesterly along a curve having a 20 ' radius 31 . 41 ' to the point of beginning . Section 2 . The City of Fayetteville hereby reserves a public utility and drainage easement on , over , across , and under the property described as Tract 3 in Section 1 above ; the City of Fayetteville also reserves a public utility and access easement on , over , across , and under the west one - half of the property described as Tract 2 in Section 1 above . Section 3 . As a condition to the abandonment of said street the City shall be held free and harmless from liabi - lity 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 easements 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 . PASSED AND APPROVED this day of 1978 . APPROVED : mw"'. . OF fr AYE7t •., ti, C r/�jy cFa L� :• MAYOR U �� ' J s� ® 973 485 • . . ..%:. • FY CLERK CERTIFICATE OF RECORD STATE OF ARKANSAS I SS' - Washington County I I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for Washington County, do hereby certify that the annexed or fore- going Instrum nt was filed re-or m my officemon theand the samay e ip of -19y at�� clockXM� If duly recorded m record 97 at pa95:f e' y witness my hand and seal thi^ day of 19Z! Circuit Clerk and Fx-Officio Recorded By Denuty Clerk State of Ari.ansas SS city of Fa T e_t Ille L fAJ� 1 /KeoUocjG City Clerk and Gx- Officiorec:rda. for the City of Fayettev: ! e, CIO here,•; that the annexed or fore- going going is of ree- o, rd iii my office and the same appears in�n ��_-I-/ book at page lJ . wItuess m9 - . 1 �� -,---- day of h d and seal this ____ is. City Icrk I ":.w•" ' STATE of ARKANSAS County to of Washington" ssCyti�t��► (}.rv ' , Tracts , . .. r , ORDLNANCF S10 Leh -' VV All that ion of ohlo street lying bel- - - hereby certify AN ' ORDINANCE VACATLVG POR: Dorf I, -_ - _-__ -..___. - . __ -_-_. - ___ ._ -. ___._-..__ y that I TIONS OF A EADWELL DELAWARE ween Delaware Avenue and Virginia BUCNANAN AVENUE, DELAWARE Avenue in the Oak Park Platt Addition to am the Publisher of THE NORTHWEST ARKANSAS TIMES, a dally AVENUE AND OHIO STREET. the City of Fayetteville. Arkansas. and Or n¢ws a WHEREAS the Board of Di. m. icg more particularly described as follows, P Per having a second class mailing privilege, and being not less than the authority under Ark. stat 19.2301 s to,wlt: Beginning at a point which is sly four pages of five columns each, published at a fixed place of business and at thea u South of the Northwest corner of lot 510 in poniau of streets whim arc not re ad Addition, thence South w• to the a fixed ( daily ) intervals continuously in the City o1 Fayetteville, County of quired'WHEa corAS, the Board of and centerline of Ohio Street as platted, said Washington, Arkansas for more than a period of twelve months, circulated 'WHEREAS, the Board or Director has determined that the following described the S being Southwest c North of ane Yf.61• East of stents ars not required for corporate put- Section Southwrxt turner of the NW L.. - sWi, or and distributed from an established place of business to subscribers and - Section 16, Township 16 North, Range 30 readers generally of all classes in the City & County for a definite price for THEREFORE, West, thenes thence South 15 degrees 1T West NOW, THEREFORBE IT BY .THE E, DIRECTORS OF b.12' to a point on the West line of lot 806 in each copy, or a fixed price per annum, Which price was fixed at what is THE CITY OFFAYETTty of Fa. ` ' I a curvSaid e having a ZVrition. themeadus M07' to aspoint considered the value of the publication, based upon the news value and rkanasSection, That the City , Fayetteville, on the North line of said lot roa thence East service value it contains, that at least fifty percent of the subscribers 195', more or less, thence Southeasterly rights sbandama all of is rights together with the slangs come having a311' radius 3l.O' toa thereto have paid cash for their subscriptions to the newspaper or its agents rlghls or the f utility easements subject n the int 96' North of the Southeast cornet' of or through recognized news dealers over a period of at least six months ; reefollo in of utility easements in and to �° dtefolloving deacTrac prOpertY: 1912 of said Addition, thence North rly `t I � thence West suss', thence Northwesterly and that the said newspaper publishes an average of more than forty percent w:SC portion of Treadwell Street and along a curve having a 20' radius 31.11' to news matter. Bik"non Avenue in the I.W. Duman Addi- the Point of beginning. ' • " ' tion to the City or Fayetteville and a pw- - Section 2. The City of Fayetteville hereby lion of Treadwell Stmt in the Oak Park iexerveis public utility and drainageeaae- I further certify that the legal notice hereto attached in the matter of Place Addition to the City of Fayetteville matt on, over, across, and "der the pro and being more partiauiarly described as perry described as Tract 3 in Section I t follows, WWII: • • - • -. • . • • � . above; the City of Fayetteville also y / Beginning at tee Northeast corner of Lot reserves a public utility and easement on, .F, L/ b L Block a of the I.W. Duncan Addition, over, Same. and under the west one.half of -- - -------------------_--......-_--_-_-__---_------ thence South 266 , thence West-19(y to the the property described as Tract 2 in Section r labove:r,vrl 5 -, . '4it;,% .i, ... Sace Addition,cth nce We2 of AbeOak Part" ; Section e. ria a condition to the abandon- was published in the regular daily issue of said newspaper for---------------_........-.. Race neoai thence West along Lie menl of said street the City shall be held South line of Said RLot ight moi Way Mine of t t�AaYpOEIYCinS¢T[{ODfBS follows : we a the End Rigel te Way line of free and harmless from liability az w any Delaware Street u Platted, tbence South claims of the contiguous property owners 6u" more or less, to a int on the Nor- - The first Insertion on the ...._` ' s. W _. — �--- - day of .....""'-- - - -the Hy, for damageato Ue Property described Plug Addison, point Northeasterly IS', ' herein, which damage may resultfronat emothe tonic err less, to a point on the None line of City or other utility cotnpnniea removing the second 1n6erti0n on the -_-_ _ ___.-"-_... " day of ---___.__-"_........ 19. said Lot 3� thence East led', mom or lea, and relocating public utility lines located In """"""""' along the North line of Lata 3M,9m. and 300 cruponsaidvacatedstreel. ' ;tt d aid Oak Park Place Addition to the Nor- � Section e. Said utility easemela shell be the third Insertion on the ---__---_------------_- --- day of --- 19.--------_ tliwisl come of Int 1, Block 9, of the I.W. for the benefit of the electric power can- Human Addition, theme East I%' these' panes, telephone companies, gas am- Smith 336': Nett Fast W', theme North ponies, and the city of Fayetteville. Arkan- and the fourth insertion on the _- day of ------ 335':thence Fest 195', theme North M% ' •-seri . ." . .. - r -_x...."_--_- T_"--_.---- r M teems Wert Iia', thence NOM 255', 1hm10e-, : - Section 5. A copy of this ordinett duly 4 t + Wal `A' mthe point of tegiueng. catiied by the City Clerk shall be filed in Tract led office of the Recorder of the County and �� - - A:poriion of Delaware Avenue in the Oak recorded in the Deed Records of the Com' Park Platt Addition W the City of Fayet. ty. teville and being more particularly - PASSED AND APPROVED this 5th day described asloan" . towit: of September, 1978.... . r - ' % Beginning at the Southeast corner of Lot APPROVED: Sworn to and subscribed before me on this 3e?__-._---- day of ----- 569 of aid Addition, thence Northeasterly ? , • 'r C > v" c: Ernest E. Lancaster along a curve which describes the Easterly , , - - -- w MAYOR — - / 7 and Southeasterly boundaries as platted of ' ATTEST:: e _ __ J / lots 5a, 502, 501 and M. thence North ' .Angela R. Medlock r�. A .:e:.� L, t?; r .--"---_.._ - -_ - _-"._.--_"----_-- 19".-.--,V— along ._ along the East line of said int 5lal to its to City Clerk .� . . l�r •, t L '7 tersecsm with the South Right of Way line l 1 tc 29 of (California Boulevard, thence Nor, - - - - - L L3riLY LL line its i Gloag said salt Right tl Way.. line 1 its mid Addition, with the West line or N [y Public Lot e o of said Addition, feces Saute 210', '. more n ary o a point on the Northwester theme. me. Southwesterly of tot 302 of said Addition thawe, 5athwesleNy to the Northeast cor- My Commission Expires : of Irl of said Addition, theme We Sam wenteriy and Southwesterly song a curve sv'him describe the Nor'la LOW - l� wterly boundaries, Platted,edb or Wla - thrsm �— M3 and 304 ol.,said Addition '.W the. Southwest career of said Lot 314, thence �1 Westeo' toewintofbegirming: „ Q' -thFees for Printing ...".... Z- Cost of Proof ----- --------- $-"-"Y---'y-------"""----- M !"- Total u 8 ' �-- •_"ate f