HomeMy WebLinkAboutOrdinance 3012 ORDINANCE N0 , MICROFR_ 'ry AN ORDINANCE VACATING AN UNOPENED , PLATTED PORTION OF YEATER AVENUE IN THE CITY OF FAYETTEVILLE , ARKANSAS . 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 Yeater Avenue is a platted but unopened street which 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 ry r—mss , vacates , and abandons all of its rights together with the rights of the public generally , subject to the reservation of utility and access easements in and to the property described in Exhibit "A" attached hereto and made a part hereof . Section 2 . The City of Fayetteville hereby reserves a 30 foot wiTe utility and access easement on , over , across , and under the center of the above described street . Section 3 . As a condition of the abandonment of said street te ity 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'�T electric power companies , telephone companies , gas companies , cable television companies , and the City of Fayetteville , Arkansas . Said access easement shall be for the benefit of abutting property owners . Section 5 . A copy of this Ordinance duly certified by the CityMeTTE 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 5th day of June 1984 . APPROVED : By : i ,n — Mayor c� ,- , n', ATTES : m; v r rr) r„ O 70 c. By : y ' gr. � a mX1111PRGE193 ,r d+= EXHIBIT "A" Beginning at the Northeast corner of Lot 1 in Block 3 of Harrison ' s Addition to the City of Fayetteville , Arkansas , as per plat of said addition on file in the Office of the Circuit Clerk and Ex- Officio Recorder of Washington County , Arkansas ; thence , South along the eastern boundaries of Lots 2 , 3 , 4 , 5 , 6 , 7 , 8 and 9 of said Block 3 to the Southeast corner of said Lot 9 ; thence , East 60 feet to the Southwest corner of Lot 9 in Block 4 of said addition ; thence North along the western boundary of Lots 9 , 8 , 7 , 6 , 5 , 4 , 3 , 2 , and 1 of said Block 4 to the Northwest corner of said Lot l in said. Block 4 , thence West 60 feet to the point of beginning . CERTIFICATE OF RECORD State of Arkansas ( SS CERTIFICATE OF RECORD City of Fayetteville ( STATE OF ARKANSAS I, Suzanne C. Kennedy, City Clerk and Washington County SS. Ex-Officio recorder for the City of Fayetteville, I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for do hereby certify that the annexed or fore- Washington County, do hereby certify that the annexed or fore• going is of record in my office and the same ap- going instrument was filed for record in myoffice on theialay pears in Ordinance & Resolution book of 1YAaQ31o'cloARM, and the same is Yly .-at page Witness my duly rec ed in \_�c�_record ` ' , 1 fp3 Witness my hand and seal this da of --S-1..1 r at page\ l J hand an se 1 this a0 lay of 19$y ' I —`T_ ' Circuit Clerk and Ex-Officio Racer ed i Cler and x- tf cio Record oy�� �. t=i`2 r D puty Clerk BOOK1111PAGE194 STATEMENT FOR ADVERTISING - " Nnrt4wro # Arkansas 0imrs Leaned Wire Of DRAWER D Circulation Associated Prean FAYETTEVILLE, ARKANSAS Where It Para ' 72701 19 Advertiser J (�= 'E.�fL' C.�rC.l7�- !tJ / /LI. Q� a mE- Mach d Dal" 1 2 3 4 -5F-6T-7 8 9 10 11 12 13 14 15 16 1 17 Nsnber Inchm I I I I I Amnont J ♦ ' To Balance Account Rendered 3 18 19 20 21 22 23 24 25 26 27 28 A01 o. tE1 N RUu 1Q Taal INCHES 3 TOT" 3 INCNfI TOTAL ALL ACCOUNTS DUE NOT LATER THAN LOTH OF MONTH. YOUR CREDIT IS VALU. ABLE. PROTECT IT AND ACCOMMODATE US BY REMITTING PROMPTLY. ` ORDINANCE NO. 3012 t I~ AN ORDINANCE VACAT- ING AN UNOPENED , I PLATTED PORTION OF i YEATER AVENUE IN THE CITr OF FAYETTEVILLE. ARKANSAS. -. STATE of ARKANSAS l ! - WHEREAS, the Board of J Directors has The authority County of Washington under Ark. Stet. sa19-2304 to vacate portions of streets wbicb are not required for_ ^ corporate purposes; andv Aa tui WHEREAS, the Board of I• �Nis4 y i hereby certify that I Directors has determined that am the publisher of THtHlIVElt ARKANSAS TIMES, a daily newspaper - the following described portion having a second class mailing privilege, g revile e, and being not less than four pages of of Yeater Avenue Is a platted but unopened street which Is five columns each, published at a fixed place of business and at a fixed (dally) ' not required for corporate intervals continuously in the City of Fayetteville, County of Washington. Arkansas purposes. NOW. THEREFORE, BE IT for more than a period of twelve months, circulated and distributed from an ORDAINED BY THE BOARD established place of business to subscribers and readers generally of all classes OF DIRECTORS OF THE in the City and County for a definite price for each copy, or a fixed per CITY OF FAYETTEVILLE, Price ARKANSAS; annum, which price was fixed at what is considered the value of the publication, Section 1. That the . Cuy of based upon the news value and service valueitcontains, that at least fifty percent Fayettlio vasa s, an hereby of the subscribers thereto have p newspaper rayetty vacates, end ebam paid cash for their subscriptions to the news a r eons all of ITcrlghts togetbtr or its agents or through recognized news dealers over a period of at least six with /M rights Of true Public per months; and that the said newspaper p g y generally, subject M the reser,- p publishes an average o[ more than [ort vation at utility and access percent news matter. easements In and To The we- perty described in.Exhibit ^A•' I further certify g attached hereto and made a y that the legal notice hereto attached in the matter of part hereof. , . . Section 2. The City of Fayef- tevll le hereby reserves a 30 foot wide utility and access -ea"- meet on; over, . across, and under the center of the above / aexribed street: .a ° ' "' _ was published in the regular daily issue of said newspaper for Section-3. 'AS-a condition of consecutive insertions as follows: The abandonment of said street the City shall be held free and harmless from liabllity as To The first insertion on the I day of - 19 any claims of the Contiguous property ownLrs for damages to the property described the second insertion on the day of 19 herein, whicR damage : may result from the City„ or other utility companies -removing the third insertion on the day of 19 and relocating public utility nota Id hretl In or upon . Sala and the fourth insertion on the day of 19 vacated threat.S Section shall 1. Salr the a easel - minT shall be for the benefit The aphonic power companies,s. Telapnone , companies, pas companies, cable television worn to and subscribed before me on this I&" day of companies, and the City of Fayetteville, . Arkansas. Said 8"asa 'easement -snan7be"for- the benefit of abutting Properly owners. '• . . ' - /) Sectloil S. ' A Copy of this '�& gM7 / Ordinance duly certlfled by the City Clerk shall be flied In tM Not r '. PUbIiC office of .the . Recorder of the County and recorded In the Sty Commission Expires: Deed Records*# fM County. 6 ' PASSE DAN D APPROVED. this Sth day of June, 1"4.' �rti -APPROVED: By: Paul R. Noland .. .w: i: pµ : Mayor ' ATTEST: . By: Suzanne C. Kennedy' "'"'• eiryelerk I - Fees for Printing n S 7/, `ot the Northeast, corner rner o of Lot 1 on to ] of of rrave" lvile,Ar to the sty Cost of Proof S of F tat of said Arkansas, as per plat ofsold of then on file Total S � ' Cl tk Ofhce ffi the Recorder cuit der Clerk and Exgo ,o County , of Washington ,tse, Cooney , , _ Me easas;ter Tbofndaries along Me eastern boundaries 6 an 9 of Lots - � ' `r D 2, 3, 4, t .6, * a and 9 of Bald V Block 3 to the Southeast corner ' feetsaid LOT 9; thence. East 60 - { feet to me tSouthwest4said di- , J l L p 21984 Lot 9 in Block 4 of said atlhe , ileo; thence North .loop the western boundary of. Lots 9, g, 7, S, 4, 3, 2, and , of said Block ACCOUNTS PAYABLE 4 to the Northwest corner of I, said Lot -1 In said Block 4, thence West 60 feet to the point .