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HomeMy WebLinkAboutOrdinance 2904 I F� .Pk F� 9� �,A ORDINANCE NO . � 90 ' 9 Z� RFro�O AN ORDINANCE VACATING A PORTION OF AN EAS. ST ALLEP /0 �6 WEST OF PARK AVENUE BETWEEN ILA STREET VST STREET , 444 -' uly CIRC A"044M /�� Y WHEREAS , the Board of Directors has the author /e 4 � ` R Ark . Stat . Ann . § 19 - 2304 to vacate portions of streets rv1ch are not required for corporate purposes ; and WHEREAS , the Board of Directors has determined that l the following described portion of an east -west alley west d of Park Avenue between Ila - Street and Maple Street is a platted but unopened street which is not required for corporate puroses . I 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 and drainage easements in and to the following described property : Beginning at the Southeast corner of Lot 2 in Block 6 in Englewood Addition to the City of Fayetteville , Arkansas , as designated upon Drake ' s replat of said block recorded at Page 192 of the plat book in the Office of the Circuit Clerk and Ex Officio Recorder of Washington County , Arkansas ; thence , West 109 feet to the Southwest corner of said lot ; thence South 12 feet to the Northwest corner of Lot 7 in said block ; thence East 109 feet to the Northeast corner of said Lot 7 ; thence North 12 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 public utility lines and drainage facilities . Section 3 . As a condition of the abandonment of said alley 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 and drainage facilities located in or upon said vacated alley . - 2 - Section 4 . Said utility and drainage easement shall be for the benefit of the elctric 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 country . PASSED AND APPROVED this day of C 1983 . I . APPROVED : m By : � . t Mayor O,VTEST. : By : City Clerk CERTIFICATE OF RECORD State of Arkansas ( SS City of Fayetteville I, Suzanne C. Kennedy, City C'erk and Ex-Officio recorder for the City of F!Iyetteti iiie, do hereby certify that the ann- e ; n:- fo;- is of record in my office azul tite s.^.fn: ap. heUS in Ordinance F9 Resolution hon; --XLI-"t page 3 3 .. whiless my r and se 1 this ,y of lv t � ,; i l 4CATE OF RECORD erk and Er:Officia da::nr er MATE OF ARKANSAS SS. Washington County I, `Ur-i31. Ko7 .1 ` 13'. CS V=nit Cccr(YifY that Offithe a nexed or fore' Washington Coun-Y, • •"r,.BY day, going instrument 'f,as filed'for re;o[d in my office on ih °f 1`i�+at ��° c1ov1 M and the Same Is O .3 at page" duly recorded in �•fI� yf,y�y)�,�,,,,// rerord� 19 Witness my hand and seal this aQ day of circuit Clerk and� de Ex-Officio Re Ap Oy .,r. . r�,rk m1073 1 't ? ti ORDINANCE NO. M . . . AN ORDINANCE VACATING'; A PORTION OF AN EAST- WEST ALLEY WEST ' OF , PARK ,AVENUE BETWEEN - ILA ' STREET AND MAPLE STATE of ARKANSAS 1 STREET: ;-.. .�. J{ as. WHEREAS, the , be of ) Directors• has'_the authority County of Washington Sunder Ark: Stat: Ann. 519.220e to vacate' portions. of - Strait -which are, not: requiredfor ' corporate purposes: and'-•, '- I, QUzysu d hereby certify that I WHEREAS;. ete� Board at. am the publisher of THE NORTHWES ARKANSAS TIMES, a daily newspaper DireER has . the- Boar that P Y the following described portion having a second class mailing privilege, and being not less than four pages of of .an east-west: alley west of five columns each, published at a fixed place of business and at a fixed (daily) Park Avenue, between Its }Street and Maple Street -is "a : intervals continuously in the City of Fayetteville, County of Washington, Arkansas platted but' unopeneW' street" for more than a period of twelve months, circulated and distributed from an which is rwt require0 for coy- established lace of business to subscribers and readers generally of all classes poratepurposes: - P g Y NOW. THEREFORE, BE IT in the City and County for a definite price for each copy, or a fixed price per ORDAINED BY ORS. BOARD annum, which rice was atwhat is considered the value of the publication, OF DIRECTORS. E THE P . CITY OF-. FAYETTEVILLE, ` based upon the news value and service value It contains, that atleast fifty percent ARKANSAS-' ,.: L•r of the subscribers thereto have paid cash for their subscriptions to the newspaper c Section l rf. tfie City o Fayetteville, Arahereby f or its agents or through recognized news dealers over a period of at least six releases, vacates, and aban- months; and that the said newspaper publishes an average of more than forty done all of its rights together ; percent news matter. with the rights of the public generally, subiect-to the reser- vation a ut)lity and drainage : I further certify that the legal notice hereto attached in the matter of easements In Sind to the follow- irgdescribedproperty: , .. - ' / A Beginning 'at the southeast - /,�,//i •y� 9 corner of Lot'i In Blod11 a in �U,C[hf (L/YL� ¢• / // . ,� / Enolewged Addition to the City /J of Fayetteville; Arkansas, as designated upon Drakes replat was published in the regular daily issue of said newspaperfor of said block recorded at Page 197 all the plat book in the Office consecutive insertions as follows: of the. CirNilq.Clerk and. Ea OfflcfaCount RecorderAawastangton The first insertion on the �`5 da of 19 1 County,' rOf ashinnca, Y West 409 feet to the Southwest corner of said lot: thence South. the second insertion on the day of 19 12 feat to the Northwest corner of Lo14,tn YMncaid, bfockiLie the third insertion on the da I Eaat'109.feef: to' the Noribliast. y Of 19 ff Corner. of saki,'"Lot H' _nlence #4RNorth02ifeet; fe! tne-point^of. and the fourth insertion a day of 19 j/ Section b The City of Fayet-- , tevllle hereby;- reserve an over;easement on, across, and ' under.': the+ above described street Vo: construct; lay, re. Sworn to and subscribed before me on this day of .moveg relay;l,' imlarge;; and operate public utility-lines and. Section 7. As t condition y \` the'City Shall be el said alley � the City shall DQ vela free and harmless from liability as to � any claims of -the contiguous Notary Public property property owners for damages ,to the property- described My Commission Expires: . herein, which .damage may ' result ifonl '}he City, or other I utility: companies removing and relecating� public utility lis . and- drainage, facilities ' nelocated in or upon said vacated ' alley. A. :k.s 1 1� -W:; 1r1tA'. C Section 4. Said utility and drainage easement shall be for Fees for Printing the benefit of the electric power g — companles; telephone coMpa- nies, gas companiea,'and the City a Faye"evllle,"Aransas. Cost of Proof _ $ ( Setllon S. A copy' of, this '�ll Ordinance duly certified by the Total — $ � City, Clark shall be filed in the ofliee of .theq Recorder of the County end recorded in the Deed Records of the country-d . PASSED 'AND APPROVED MIS 22M day of March. 19112. ­ APPROVED: By : Paul R. Noland Mayor ATTEST: . seal BY ; Olivia A. Kelly C;t+ CIe•k MAKE CHECKS PAYABLE TO 015439 INVOICE FOR NORTHWEST ARKANSAS Now CLASSIFIED AUVERTISIN(i TIMES 1v�Q TIMES 1 9M UNT 212 NORTH EAST AVENUE = / ' •�'q ' '� O 07132 FAYETTEVILLE, ARKANSAS 72701 YOUR CLASSIFIED INVOICE IS HOW DUE. IF NOT PAID WITHIN 10 PHONE : 501 /442-6242 DAYS AMOUNT DUE WILL BE PHONE CLERK 501 - - 00 INDEXING TERMS: ORDINANCE City of Fayetteville AD GIVEN BY CLASSIFICATION Grauer F Fayetteville tAR CODE SOLICITED BY OPERATOR 72702 D V OO START DATE STOP DATE SKIP SCHEDULE 04 / 01 /F; 04 / 01 ! 3 R5 PLEASE PAY PROMPTLY '•ORDINANCE NO. 2?04^' AN ORDINANCE VACATINIG A PORTION OF AN EAS T -WEST ALLEY WEST OF PARK AVENUE DETWEFN ILA STREET FIND MAPLE STREET . ^' WHEREAS • the Board of Directors has the aut �eority un der Ark . Stat . Ann . 519- 2304 to vacate portions of streets whit h are not requir