HomeMy WebLinkAboutOrdinance 3144 ORDINANCE NO . 3144
AN ORDINANCE VACATING AND ABANDONING A PORTION MtcitpFfu4m
OF KANTZ LANE LOCATED BETWEEN EAST OAKS DRIVE
AND BALL AVENUE .
WHEREAS , the Board of Directors has the authority under
Ark . Stat . § 19 - 2304 to vacate portions of streets whfchcoare not
required for corporate purposes ; and n = T
rn
WHEREAS , the Board of Directors has det�rmined5hat the
following described unopened portion of Kantz Lane= 18cgted3beliween
East Oaks Drive and Ball Avenue is a platted butiunogened Abet
which is not required for corporate purposes . ;' � o = o o _
M m c
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD ;�(jt JJIR%tT&S OF
THE CITY OF FAYETTEVILLE , ARKANSAS : X < I..,
p O
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 a utility
easement in and to the following described property located in
Washington County , Arkansas :
The exterior portion of the platted cul -de- sac on Kantz
Lane between East Oaks Drive and Ball Avenue leaving one
" stubbed in" street connected to another " stubbed in"
street , as per plat on file in the office of the Circuit
Clerk and Ex-Officio Recorder of Washington County ,
Arkansas .
Section 2 . As a condition of 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 . 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 5th day of November 198.5 .
APPROV
By : `
_ Mayor
lIQ[fl 125(7 PnGE ft
MB
CERTIFICATE OF RECORD I, Alma Kolimeyer, Circuit Clcrk and
State of Arkansas SS Exrofficio Recorder lop Wash , -,ton County,
City of Fayetteville Arkansas, do hereby certify Ihc, ,:Ps ;n.
I, Suzanne C. IvlcWethy, City Clerk and
ftrument was filed for record in ny e,ige '
Ex-Officio recorder for the City of Fayetteville, as indicated hereon and 6,e same is now
do hereby certify that the annexed or fore- duly recorded with then Record
ooemont
going is of record in my office and the same ap- ^d certificate thereon ir. }record f ook and
pears in Ordinance & Resolution book Pago as indicated thereon.
IN WITNESS WHEREOF-, I have hereunto
at page y`s`P Witness my 10t my hand and affixed the seat of said
titin and seal ' this day of 9O1QI on the date indicated hereon,
9 91ma Kollmayar
Ckcuif Clark and
Jerk and Et -Olivieflido -Rao.
ficin Recorde
1
ORDINANCE NO. 5144 .
AN ORDI NANC E•I
VACATING AND ABAN-
DONING A PORTION OF
KANTZ LANE LOCATED' STATE Of ARKANSAS
BETWEEN ' EAST OAKS aa.
DRIVE AND B A,L L, County OI WasNngtOn
AVENUE. - .. .
WHEREAS, the Board of ,
Directors has the authority _ � /
under ArK. Stat. 519.2904 to .� C ,�(� ,/j' C' >'L .1 C S. �(
vacate portions of streetsI I, - '- hereby certify that I
which are not required for am the publisher of TJJE NORTHWEST ARKANSAS TIMES, a daily newspaper
.corporate purposes; and
WHEREAS, the Board of having a second class mailing privilege, and being not less than four pages of
Directors has determined five columns each, published at a fixed place of business and at a fixed (daily)
that the following described Intervals continuously In the City of Fayetteville, County Of Washington, Arkansas
unopened portion of Kantz
Lane located between East for more than a period of twelve months, circulated and distributed from an
Oaks Drive and Ball Avenue established place of business to subscribers and readers generally of all classes
is a platted but unopened
street which is not required, in the City and County for a definite price for each copy, or a fixed price per
for corporate purposes. annum, which price was fixed at what is considered the value of the publication,
NOW, THEREFORE, BE .
IT ORDAINED BY THE, - based upon the news value and service value it contains, that at least fifty percent
BOARD OF DIRECTORS I of the subscribers thereto have paid cash for their subscriptions to the newspaper
OF THE CITY ARKANSAS:TEVI LLE, FA or Its agents or through recognized news dealers over a period of at least six
Fayetteville,That Arkansas I ��; and that the said newspaper publishes an average of more than forty
hereby vacates and aban-
dons all of its rights together j
with the rights Of the public I further certify that the legal notice hereto attached In the matter of
generally, subject to the
reservation of a utility
easement in and to the fol- / '{
lowing described Property' - f LCL 1 L ,� -,L- @ C. - N! -
located in Washington Coun
ty, Arkansas: -
The exterior portion of the I was published In the regular daily issue of said newspaper for
platted cul-de-sac on Kantz
Lane between East oaks I consecutive insertions as follows:
Drive and Ball Avenue leay. O
Ing one "stubbed In" street The first Insertion on the ILL day oft --Ce • 19 ^ L
connected to another "stubl
bed in" street, as per plat on
file In the office of the Cir- the second Insertion on the day of 19
cult Clerk and Ex-Officio
Recorder of Washington:
County, Arkansas. the third Insertion on the day of 19
Section 2. As a condition of
the abandonment of said-
street
aidstreet the City shall be held and the fourth insertion on the day--of� 19-
free and harmless from
lia-bility as to any claims of the
contiguous Property owners
for damages to the property. I _
described herein, which / ✓, ' a
damage may result from the Swain to and subscribed before me on this - day Of
City, or other utility cam-- ;
panies removing and-
relocating
nerelocating Public utility lines . U ' `
located In or . upon . said-
vacated street. C���^^ r K: �/�/� . , -
Section 4. A c0PY of this ,
'Ordinance duly, certified by , 9Wtary Public i„
the City'. Clerk shall be filed'
in the office of the Recorder' / I 1 I 'I �.'� I
of the County and recorded- My Comm isslOn Expires: ry�,l�i L ,.v''
In the Deed Records Of the:
County.
PASSED AND APPROV-" '
- ED this Sth day of;
November, 1985.
. . APPROVED
. . '
By: Paul R. Noland ' ,
. . . Mayor,
ATTEST "+ - ' FM for Printing _ S
By: Suzanne Kennedy
`.�
Clio Clerk w ,i
Cost of Proof _ S
Total —. 3
I