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HomeMy WebLinkAboutOrdinance 2624 ORDINANCE NO . F (� �U FOR RECORD ' [990 APR 18 PM 2; 30 AN ORDINANCE VACATING AND ABANDONING AN UJ�I OF SOUTH CHURCH AVENUE BETWEEN SOUTH STREEret11AD' YELL BOULEVARD . 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 South Church Avenue between South Street and Archibald Yell Boulevard is a platted but unopened street which is not required for corporate purposes . NOWT THEREFORE , BE IT ORDAINED BY THE 130ARD 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 Northwest corner of Lot 1 in Block 17 of Jennings Addition ; thence West to the Northeast corner of Lot 1 , in Block 25 of said Addition ; thence South along the eastern boundary line of Lots 1 , 2 , 3 , 4 and 5 in said Block 25 to the North right-of -way line of Archibald Yell Avenue ; thence northeasterly along said right-of-way line to a point on the west boundary line of Lot 1 in Block 17 of Jennings Addition ; thence North along the West boundary line of said Lot 1 , Block 17 to the northwest corner of said Lot 1 , said point being the point of beginning . Section 2 . The City of Fayetteville hereby reserves a utility and drainage easement on , over , across , and under the above described street to construct , lay , remove , relay , enlarge , and operate public utility 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 , cable television 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 1 - 1980 , APPROVED : ,�,`�. :•, v �ti ' •. �. ` MAYOR a� . -war • , = 1915 975 =. fir. •. i 410 �Y2 ; r`"f*.> M`81cp0 ,0. IS ( � 84 ,.. ,. ,,,,, • -:. DATES-- � 4 REED+ ,J CERTIFICATE OF RECORD CERTIFICATE OF RECORD State of Arkansas SS STATE OF ARKANSAS ) City Fayctt illRe/ Washington County ) SS' 11 ,n • e i t City Clerk and Ex- I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officlo Recorder for Officio recorder for the City of Fayetteville, Washington County, do hereby certify that the annexed ogore- do hereby certify that the ann=cd or fore- gin 'instrument vias til=d tor_edinoftice on thoday going is of record in my office and the scone of 1 - t_o'clo_ M, and the sa appears in Ordinance fa Resolution book duly reco ed in record 10 at pagAM _ I X at page, :fitness my Witncss my hand and seal is lday of 19 ' hand and seal this 1y of Circuit Clerk and -� c-Gffi-io Recorded . _,::r I,)•., �,� • QY _ Deputy clerk City Clerk "and Itebor ec • . . . u,1,. . 4 ' STATE of ARKANSAS 1 County of Washington J} as. Ham . T.# hereby certify that I am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at a fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of . business to subscribers and 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 1s OHu1NANCE:%0.iui ' I considered the value of the publication, based upon the news 'value and AN ORDINANCE VACATING AND ABANDONING AN UNOPENED PORI service value It contains, that at least fifty percent of the subscribers TION OF SOUTH CHURCH AVENUE thereto have paid cash Br TR'EEN SOUTH STREET AND for theft subscriptions t0 the newspaper Or Its agents ARCIIIRALDYELLBOULEVARD. Or through recognized news dealers Over a period of at least six months; WHEREAS. the Board of Directors and that the said newspaper publishes an average of more than forty percent has the authority under Ark. Sial. sia am to vacate portions of slreels I news matter. which are not required for corporate purposes: and I further certify that the legal notice hereto attached in the matter of WHEREAS. IM Board of Directors has determined that the following portion'described uSouth Church / Avenue hepoSoo uth Street and I L/v9 45 Archibald Vell,ltoulevard is a platted Awe Ma unopened street which is not re- / Nuired far corporate purposes. NOW, THEREFORE. HE IT was published in the regular daily Issue of sanewspaper a er for ORDAINED BY THE BOARD OF : D DIRECTORS OF THE CITY OF iconsecutive insertions as follows : . FAYEiTEVILLE, ARKANSAS: Section I. That the City of Fayet- teville, Arkansas, hereby mleases. The first insertion on the day of 19 vacates, and abandons all of its rights together With the rights of the public generally. subject to the reservationof the second insertion on the day of 18 utility easements in and to the (allow- ing described property: Beginning at theNorlh%ml cornerpf the third insertion on the . day of 19 Lot 1 in Black It of Jennings Addition: thence West to the Northeast comer of Lot 1. in Black E of vid Addition: I and the fourth insertion on the day of �� 19 theme South along the eastern 1 SW11d i g , y theme Sut aloe 2the eatern hour- - !IYtlJyl se f) Black .l las ted Narlh rightd-way line of Archibald Yell Avenue: thence are. I . . thcssterly along said rigid+d way line to a point an the west boundary ;me of Lot 1 In Ifiack 17 of Jennings Addition: thence North along the West boundary I Sworn to and subscribed before me on this day of line or said Lot 1, Black 17 to the nor thwesl corner of said Lat 1, said p( inl being the point of beginning. U^'f't Section 2. The City of E'a)'ettevillc ' . sf \ 190 herehy reserves a utility and drainage easement an, over, across, and under the above described street to concoct, lav, remove, relay, enlarge, and aperale puhlic utility lines. Section 2. As a condition 10 the - Notary bllc abandonment of said street the City h ' dd shall be held free and harmless from , I liability as to any claims of the can h liguous property owners far damages My Commission Expires: ? ' to the property described herein, A l which damagemay result from the Ci1 `� ty, or other utility companies mumv. IFCY _ �., ing and relavtng puhlic utility lines J i lacaledn 4. Said vid ility c slm•L Section e. Said ull of eaclod poll M: for the benefit n( the dectric, power cmnpuniea. Idephone c Fees for Printing panes. gas ascom and City of falserI TIII ' I yl'hhh' h uan comrkansa arW the Cily of FayeD f:OeC Of Proof ' leville. Arkansas. _ Section 5. A copy of this ordinance dulyrertifiedbyt eCily Clehstallbe ' Total filed in ted office of the Recorder of the County and recorded in the Decd Records of the County. PASSED AND APPROVED this 15th day of April, 1990. • John Todd ' • MAYOR ' ISeaU . . ATTEST: Angela Il. Medlock CITY ( LERH " •' u'!