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Home My WebLink AboutOrdinance 3090 r FILED FORRECORD '85 �1flY 31 pm 1 `f9 1iAaHi „ CTON COUP:+ TY AR ALMA KOLL � EYER CRULINANCE _NO• CIRCUIT CLERK 09 ICROFILM�i0- - r AN ORDINANCE VACATING AND ABANDONING A PLATTED UNOPENED ALLEY LOCATED NORTH OF TREADWELL AND WEST OF DUNCAN, WHEREAS , the Board of Directors has the authority under Ark . Stat . §19-2304 to vacate portions of alleys which are not required for corporate purposes ; and r MIRMAS, the Board of Directors has determined that the following described unopened alley located North of Treadwell and West of Duncan is a platted but unopened alley which is not required for corporate purposes . NOW, TBEREFORE, BE TT ORDAINED BY THE BDARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City of Fayetteville , Arkansas hereby 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 located in Washington County , Arkansas : The East one-half of a 20 foot wide alley which is adjacent to the West side of the following lots : the South 14 . 5 feet Lot 2 , Lot 3 , Lot 4 , Lot 5 and Lot 6 , all in Block 7 of I .W. Duncan ' s Addition to the City of Fayetteville , Arkansas , being more particularly described as follows : Beginning at the S .W. corner of said Lot 6 ; thence N 89° 59 ' W 10 . 0 feet to the centerline of said Alley ; thence North 234 . 5 feet along said centerline to a point lying 14 . 5 feet North and 10 feet West of the S .W. corner of said Lot 2 ; thence S 89059 ' E 10 . 0 feet to the West line of said Lot 2 ; thence South 234 . 0 feet to the Point of Beginning , containing 2 , 345 sq . feet , more or less , as per plat on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County , Arkansas . Section 2 . The City of Fayetteville hereby reserves an easement on , over , across and under the above described alley to construct , lay , remove , relay , enlarge , and operate public utility lines . -2- 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 located in or upon said vacated •alley . Section 4 . Said utility easement shall be for the benefit of the electric 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 County . PASSED AND APPROVED this 21 day of May , 1985'0 -Ifs A Mayor .ATTEST : 'yY o . t`a rc .° pp�. �� M hN�N_ uuMtf . Y it Clerk CERTIFICATE OF RECORD State of Arkansas ( SS ( :ity of Fayetteville I C azanne C. Kennedy, City Clerk and CERTIFICATE OF RECORD )Mcio recorder for the City of Fayetteville, u. , hereby certify that the annexed or fn '. STATE OF ARKANSAS I SS is of record in my office and the same a - Washington County I Resolution oc:u•s in Ordinance f� Reso.a.wn book I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder far v y ,2 witness "+ !' do hereby certify that the annexed or fore. _p 1I I_at page Washington County, ��yy �� gbina MMinst,,r..ument was,f�ihd f,or record in my office on thW� h,5,1-day f.a,ul and seal this vC il` ' of � clock fA. and the sam1e is ,T 19�-- — !��—rererd at pagNZO duly recorded in 19� _ Witness n hand and seal th daY of ,rty Clerk and -Offi'in r' — — Circutt Clerk and � R^_cordeQ 1r� c By—( Deputy cler bou 1AC) PA 20 j'WJ!74 , . -. r7702$' FOROCCLASSIFIED MAKE CHECKS _ ADVERTISING PAYABLE 10 -► CLASS CODE 0 84 U NORTHWEST ARKANSAS TIMES P.O. DRAWER D PAT I= AWODNT AM 212 N. EAST AVE. • 08 / 18 /85 99sim ` FAYETTEVILLE. AR 72701 AGATES OR S INCHES ZONE EDITIONS OPER S/V I A 00 V SKIP SCHEDULE (- 5 — 4 Q AD GIVEN BY PHONE IR of Fayet Cc . . _ _ . 501 -000-0000 I Drawer F INDEXING TERMS ORDINANCE No . 3090^' AN ORDI Fayetteville START DATE STOP DATE 72702 08/09 /85 08 /09 /85 ;L RETURN THIS PORTION W)TH PAYMENT 13670 i f .1 I ORDINANuego. sv w AVN ORDINANCE ,. . 'VACATING AND ASIAN- _ yGONINO A PLATTED IUNO►ENED ALLEY LO' r tCA BD NORTH OF TIIEADWELL AND WEST , OF nURCAN 0 • "WHEREAS, the Boare of STATE of AIRKAftAS 1 Olreclore has JIM Owthwity ` se. Urger AYR. star. 619.2204 to J `vacate pgllom of alleys County of Washington which are rot required for COrporale purpoee+l and `r WHEREAS,ctorshins board o v! c lolnclor+ no aetermineo I J hereby certify that I that the following Cperibetl , unopened e119Y located am the publisher of THE NORTHW TARKANSASTIMES, adallynewspaper • North of Treadwab and West having a second class mailing privilege. and being not less than four pages of , 01. Duncan Is a-Plaited but . t unhood ld allay which Is Mt five columns each, published at a fixed place of business and at a fixed (dally) required tor, -corporate pur- • intervals continuously In the City of Fayetteville, County of Washington. Arkansas geNOW, THEREPORE, BE for more than a period of twelve months, circulated and distributed from an IT ORDAINED BY THE established place of business to subscribers and readers generally of all classes e BOARD of DIRECTORS in the City and County for a definite price for each copy, or a fixed price per r OF THE CITY OF PAYET- tTEVILLE, ARKANSAS: annum, which price was fixed at what Is considered the value of the publication, f Section 1. That the City Of based upon the news value and service value it contains, that at least fifty percent ` Peorialit, Arkansas Ihereby t and a on. of the subscribers thereto have aid cash for their subscriptions to the newspaper dons sit of in rights together or Its agents or through recognized news dealers over a period of at least six fwnn the {bht+ of the public months; and that the said newspaper publishes an average of more than forty , •p9Mra1 subjectto the re 4 s9rva M of utility eaee- percent news matter. described located •. ,cin Washington county, I further certify that the legal notice hereto attached In the matter of YrArkati a: , . The East ley. which I • 20 . I• Im widealley. Is ad" �� ,./ -.Y • , / ( �i 3090 lacethe went died Of Ra following Lotlets: ten South of S Nei Lot s, Lot I Lel c Lo S . / and Lot a. an In Block 7 Of was published in the regular daily issue of said newspaper for r•I.W. Duncan's Addition to consecutive insertions as follows: ym9 City of payetteullle, . ello I Arkansas, Dmore 'Par- . ppc tticuurly daneribed s+ The first Insertion on the day of 19 Q� ,follows: Beginning of me S.W. coroer or mid t_or et �thence .N w degrees Sr W the second insertion on the day of 19 1Qo feet to the conterllM of l Sold Alley: 'thence . Norm {224. 3 feet alongthe third Insertion on the da of 19 t said ) centefltrar to ) Po j 14 5 We feet; Norm and 10 reef and the fourth insertion on the day of 19 II West o the S.W. Ct S Of T, he •.cob Lot " 259, ; 1Mnce 6 M l' Wyrt eI M of 1 .0 fear to t2 IMnce South 224.0 feet to the `point of Beginning, contaln- Sworn to and subscribed before me on this day of Ing 2,W m. feel More he pp ,•t re , per, pIN on fit* In the (/�CLLC_ p � t and - ten Circuit er of 9 Q i� 1 and ingwal lo Recorder o Wasltlnplort COuoY, Arkin- Section2. The City Of Notarypublic F 9;y Jot 1, & villa hereby rr.eeea9rr1�pes art - easement Ort, ovar,�s and unciertho Mc Commission Expires: +above described alley N 'constru N, ^lay, ^relnOv6 , relay, enlarge, and Operate public utllitY lima. 6ectton 7. AS a Condition Of aN abandonment Of mid, dBW me Clry shell De hold free and harmless from ltd- _ blllty p to any claims�� r 12mtiguous Property Fee s Im Printing I for damages to the property described herein, which 1 ( damagrmay reit frm -S from In*-, Cost of Proof —_ — City, or m other utility cam- I ponies removing and' "locating Public utility ,IBeL. Total —_._ SQT• S located In Or upon cold voCatadalley. l section " A Sato uhlt" ( easement shall be for the •,.benefit of the electric Power Icompanies, hileohone Com" RECEIVED r /� r I \ / r y1 .Ponies. Das companies, dna ft G C C V C D the City of Fayetteville, ,'f I U Arkansas. AUG 2 1 IS85 Section -S. A copy o chit Ordinance duty certified by line city Clerk sisal, be filed ' In the office of the Recorder ACCOUNTS PA'i k:: _, 'o the county and recorded "ln the Dead Records Of the county. PASSED AND APP,ROV- EDthI12lday APPROVED 55 988 By : Paul R. Noland Maya