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HomeMy WebLinkAboutOrdinance 2493 15i9G� Co 'G JAN _ r AJ110. 0 1:;4 Cllgj� 1 �� Jillr CIRCU/T Ci CRS�IARFf. J ORDINANCE NO . u 9 AN ORDINANCE VACATING AN UNOPENED PORTION OF NORTH 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 portion of North Street is an unopened street and 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 a utility and drainage easement in and to the property described in Exhibit "A" attached hereto and made a part hereof . 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 drainage structures and public utility lines , including cable television lines . Said utility easement shall be for the benefit of the City and all public utility companies , including cable television companies , providing utility service within the City . 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 or drainage structures 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 the County and recorded in the Deed Records of the County . PASSED AND APPROVED this R /0' day ofXVCt1h4&,4) 1978 . APPROVED �, te e MAYOR CERTir➢CATE JF RECORO TTEScr - l• : i . J < ;•. State of Arkansas City of Fayetteville SS Clerk and I;e- "` '• Officio recordeim for the City- of r^^i^2ttevi. le. ��.C;ITY CLERK do hereby ce tify tha'. the a_.;.eNed or fore- ' • � : 'Ji{� • • ',- ' �• going is of •ecord in my offi id the same ' ' ,ill , ( fn ((� appears Cord In UJB 1/ 1 at page Witness my ha and seal this a t _..___. day of MiCROFIIMFD DATEFFI , �� R City C erk and Ex-Officio Recorder h.alo njnuaQ _- Aa POPJ0308 0131Po-z3 pue Ajalo jmogo �6T 10 FRP sn;j leas PUP Puey ,(w ssoujiM / S 10 eHed Jug p�ral /,`pny�w P�TPioaal Amp sl ewes 0;41 put? 'j-1 �;,au;o,£o je_ - ni_� l .}o D��ea41 uo socAV! i�. .;a njjsw ^u.. -eIo3 io PDxcuue r.;± jell; „•lilac Ap .nq op ',; ;ui.00 uo;BWyseM ioj .ePJooay ci3i!{o-x3 PUC HJaIO .-j ew;V 'I SS rijun. O uojHmgar:M A A part of the SW 1 / 4 - NE 1 / 4 , NW 1 / 4 - SLY 1 / 49 NE 1 / 4 - SW 1 / 4 , and SE 1 / 4 - NW 1 / 4 , all in Section 8 , Township 16 North , Range 30 West of the 5th P . M . , more particularly described as follows : 20 feet either side of a line beginning at a point 180 feet West of the SW Corner of the SW 1 / 4 - 14E 1 / 4 of said Section 8 , said point being on the East Line of Eva Avenue , thence East 541 . 5 feet to the West Line of Valley View Drive ; Also 20 feet either side of a line beginning at a point 401 . 5 feet East of the SW Corner of the SW 1 / 4 - NE 1 / 4 of said Section 8 , said point beginning being on the East line of Valley View Drive , thence East 300 . 0 feet to the West line of Oak Drive ; Also 20 feet either side of a line beginning at a point 741 . 5 feet East of the SW Corner of the SW 1 / 4 - NE 1 / 4 of said Section 8 , said point being on the East line of Oak Drive , and thence East 300 . 0 feet to the West line of Sunset Avenue . STATE of ARKANSAS l County of Washington i oxutrvArvre No. 2JlJ �--�--�•. .. -y 'AN ORDINANCE. VACATING AN i. .............. ........_..... --- ._ . . .- -..-. _....._....-.-...._. -_., hereby certify that I UNOPENED PORTION OF NOF am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily STREET. - WHEREAS, the Board of Directors hos newspaper having a second class mailing privilege, and being not less than the authority under Ark. Stat. 19-x304 l0 vacate puritans d stens which are mn re. four pages of five columns each, published at a fixed place of business and at quired for corporate purposes: and a fixed (daily) intervals continuously in the City of Fayetteville, County of WHEREAS. the Board of Directors has determined that the meowing described Washington, Arkansas for more than a period of twelve months, circulated portion of Norm Street is an unopened and distributed from an established place of business to subscribers and st,"t and is not required for corporate readers generally of all classes in the City & County for a definite price for purposes ON THEREFORE4HEITORDAI: each copy, or a fixed price per annum, which price was fixed at what is BY THE BOARD OF DIRECTORS OF THE CITY OF F'AYE'ITEVILLE, Art A considered the value of the publication, based upon the news value and SAS: Section 1. That the City of Fayetteville service value it contains, that at least fifty percent of the subscribers Arkansas. hereby releases. %nates and thereto have paid cash for their subscriptions to the newspaper or its agents abandons all of its rights together with the rights of the public' generally, subject to or through recognized news dealers over a period of at least six months; the reservation of a utility and drainage and that the said newspaper publishes an average of more than forty percent easement in and to the property described :n Exhibit "A" attached hereto and made a news matter. part hereof. Section z. The City of Fayetteville I further certify that the legal notice hereto attached in the matter of hereny reserves an easement on. sever. 1 across, and under the above de.•cribed street to construct, lav remove, relay, enlarge. and operate drainage structures /� , ,9 p / t t and public utility fines. including cable 'V)•d r 19G M C -- - -------- - i --�------p-- ---� -- - 1a� be for the benefit of the City and all public utdity companim including cable televi , was published in the regular daily issue of said newspaper for--------/ ---- --- - sion companies. providing utility service - - withintheCity. eexuuexitve-i¢sertlonr as follows : Section 3. As a condition to the abandon- roenl of said street the City shall be held !y free and harmless from liability as to any i The first insertion on the ... . .. .___.._-__. day of .w:eZ..C%....--..— 19...7L- dorms of the contiguuus property owners far damages to the property deacnbed herein, which damage may result from the i the second insertion on the --------------------------- day of ----------------—---- ... 19.----. City, or other utility companies I conr i drolma l structures locateliblic d in ;rupon said W B ge the third insertion on the _.......................... ... day of --.......-......_-_------ 19----- vacated afMCl. Section J. th copy of this ordinance duty e<rnfiee by the coy seek �nan be filedfiledin in , and the fourth insertion on the ----- ---------- day of ..._..__---.-------- 19_.--- the office of the RQ tturder of the mmy and recorded in the Diced Recons of the , or s' + - ,:r',`I'j,•l'iyv4.vv ly. ty -...ter;ti�_ 1• •<. PASSED AND APPROVED this 191h of December 1". APPHO\'ED Ernest to ncoster 1 Ar MAYOR i Sworn to and subscribed before me on this .-----�:-::°....- day of ...—_— la R. Angaia R. Medlock ' CITYC.LERK - -- - _ ----- I te Ll ......—......_-...)Lf:2a _ Lq—.LLJ- , � '<<- ]fes •-=- ,LyC� .� No ry Public My Commission Expires: 7� _�—� d ' Fees for Printing ---..._-Cost of Proof ............. $------------------------- Total --------------- ;........x - •.,1`..! t, t 1