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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