HomeMy WebLinkAboutOrdinance 2771 .�JSi pl+ O,p
ORDINANCE NO . d 77/
AN ORDINANCE VACATING A PORTION OF SOUTH STREET
IN THE CITY OF FAYETTEVILLE , ARKANSAS . F , .
WHEREAS , the Board of Directors has the authority under 7
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 Street is platted
but unopened and is not required for corporate purposes .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS
'1 OF THE CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 . That the City of Fayetteville , Arkansas ,
hereby re eases , vacates , and abandons all its rights together
with the rights of the public generally , subject to the reservation
of permanent and temporary easements , in and to the following
described property :
A part of Block Numbered 40 in the original Town plat
to the City of Fayetteville , Arkansas , and being more
particularly described as follows , to -wit : Beginning
at the Southwest corner of Block 40 then running East
79 . 50 feet ; thence South 12 feet ; thence West 79 . 50
feet ; thence North 12 feet to the point of beginning .
Section 2 . The City of Fayetteville hereby reserves
on , over , across , and under the above described lands , (a ) a
permanent easement to construct , lay , remove , relay , enlarge
and operate public utility lines , and ( b ) a temporary construction
easement to construct a street and / or sidewalk .
Section 3 . The City of Fayetteville hereby reserves
a permanent easement of 4 . 5 feet of equal and uniform width
on , over and across the Southern portion of the aforedescribed
property for the purpose of constructing and maintaining
a street and / or sidewalk .
Section 4 . As a condition of the abandonment of the
afore es'cri e3 portion 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 easement .
Section 5 . The reserved utility easement shall be for
the ben�o� the electric power companies , telephone companies ,
gas companies , cable television companies , and the City of
Fayetteville , Arkansas .
Section 6 . A copy of this Ordinance duly certified
by the C— ity 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 1981 .
_-_ APPROVE
, F rwyf�'•.
MAYOR/////
S�2Gi�
c'' L�TY' CLERK T� 'muS r 1 E L
1
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to o& Jet vl ce;MOt{� gel otSe sao°� 4
CERTIFICATE OF RECORD gta C
o1 cel ' %t9 ore oa orb ss � '
Ci �- e O. 9 oe oe IL
NATE OF ARKANSAS I 4 roY t� ttYe ��P, esOi mit �� O
tVe•hh y SS.
( srsY
O r
len Ce.lnt I l� n�Oj�" 1'� �y�ce � (g
Circuit Clerk and Ex-Officio Recorder for b1 co
crOYa �Ya+°� e •19 c0Y`le
,;o n Cit.- ' - 'ior^.by cnrtify that the annexed or fore- FtY �� tQ`S4' 040
„cinJ instramot, : •.v J of for recurdyin my office on tho-Zhay
of �/� � CJ- '- 13�I tI03G' �t ��a�'S
r�pc.c- z _ r;o^ky1l, and the same is
dul/ recordedin ___ - n�f-�_ record /bs� atpage4a4 aOVA I � `
J c
�yitncss my hand and seal thinns ''/y day of �_ c/ 198
&r and
and
x-Officio Rec rded
by
Deputy Clerk ci
t t �
.�+�"",y�2'—•wr�*m"'Vol+za"'•�arw.'.s..'•.-."�'�y..•*a'�'!�'.. T'�r'�'Tw, .,.�,.,.-»•�,ay�
wJi .a �dr'c"` Y sl>a qc 'la•"'. : _ . . m.'. err' '_t :y:;.s r �� :..
S
r
STATE of ARKANSAS l
County of Washington
lrJ'J} ee
0RDINANCESa. !,5
AN ORDINANCE VACATING A ' VVV - hereby certify that I
PORTION OF SOUTH STREET IN
THE
THE CITY OF FAYETTEVILLE, am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily
. ARKANSAS. newspaper having a second class mailing privilege, and being not less than
WHEREAS, the Board of Directors t
has the authority "der Ark. Starr, tour pages of five columna each, published at a fixed place of business and at
IsM to vacateportions of ktreeu' a fixed (daily) Intervale continuously In the City Of Fayetteville, County of
which arc not required for corporate
purposes: and . . I Washington, Arkansas for more than a period of twelve months, circulated
WHEREAS, the Board of Directors and distributed from an established place of business to subscribers and
has determined that the following
described portion of South street is readers generally of all classes In the City & County for a definite price for
platted but unopened and is trot is
required far corporate purposes. each copy, or a fixed price per annum, which price was fixed at what
. NOW, THEREFORE. BE IT considered the value of the publication, based upon the news 'value and
ORDAINED BY THE BOARD OF
DIRECTORS OF THE CITY OF . service value It contains, that at least fifty percent Of the subscribers
FAYETTEVILLE, AHKANSAS:
Section 1. That the . City of . . thereto have paid cash for their subscriptions t0 the newspaper or its agents
IFayettevllle, Arkansas. hereby.- or through recognised news dealers over a period of at least six months:
releases, vacates. and abandons all ita and that the said newspaper publishes an average of more than forty percent
rights together with the rights of the '
public generally, Subject to -the news matter. _.
reservation of permanent and
temporary easements, in and to the I' turther .certify that the legal notice 'hereto attached 1n the matter of
following described property: -
A part of Block Numbered ao in the '
t original Town plat to the City of
I' morettep rt Arkansas, and being � flT-� rl y-j r1V1 � � J 2, 77 /
more particularly described he 1 1 (� l t
follow!, las om of Block
at the
runniSouthng
stn feet;
Block a !hep
12 feet: hen We% fear: thence hems was published In the regular daily issue of said newspaper for,
South-
12 feet; Ihmtt West into feet; thence "
North Sectio 2. T the City
of,,Fayetring. CpaseCntlYe lnaeiLlOae ae [Ol10we:
Section se The n,IY er. across. nd
hereby the above
es over, across. and //n /y/`l ) (�-(/
punder ermanent
basemen torn laM.. laia The first Insertion on. the -1.4�—+�— day o[ ` 18 Vii_.
permanent easement to construct, fay,
remove. relay, enlarge and operate
twhileempo ry co hoes, .o ml a the second Insertion on the day o1 19
temporary construction easement to
eWel aThe ander sidewalk.
S '
Section 3.. The City of permanent the third insertion on the day of 19
casement reserves a permanent .
eiimtsa MA.'hfeet of equal and
uniform width Mover and across the and the fourth insertion On the day Of 79
Smthero portian hf.tt,e aloredeseribed
property • fend;Me purpose et
inm \ .i
constructing and 1paintag a street
endewalk.
Section a. As a condition of the
abandonment of the a(o City
shot] be
portion of said street, the Cily shall be
held free and harmlem from liability Sworn to and subscribed before me on this —Any of
as to any claims or the contiguous
i property owners for damages to the n ,i
property described herein, which
damage may mull from na City, or • C YA f l / lJ, ll Ip
other utility companies cunitremoving and,
relocating public d v lire located
ea m upon saltl vacated street' b vim.
raiment.
Section S. The reserved utility NO PuD11C
easement shall be for the benefit ofthe
cinemv "•
come per companies, telephone - ssss,\ , �•) I:IIG, ,
companies. bas companies. sable ,\ .
television companies, and the
City al .
1
Fayetteville, A
c.Aansas. My Commission Ezpltee :
Section fi. A cmpY at this Ordinatue
. duly cerlifind byy the City Clerk shall be t;•
filed in the Office of the Recorder of. 1 )
the County and recorded in the Deed
Recordsollhe County.
PASSED AND APPROVED this 3rd
day Lf November. Had. APPROVED: Fees for Print
John Tadd, MAYOR
ATTEST:
Vivian LERKl Cost Of proof
CITY CLERK
Ile le
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