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HomeMy WebLinkAboutOrdinance 3210 MICROFILMED ORDINANCE N0. 3210X%, X AN ORDINANCE VACATING AND ABANDONING A 25 FO* , 6�CT1o9� PLATTED UNOPENED ALLEY LOCATED IN BLOCK 4 OF DUNCAN ' S �„ ADDITION BETWEEN CENTER AND TREADWELS WEST OF��,, " Cp HILL STREET , n�^%? 4, Oik 0 00 WAEREAS, the Board of Directors has the authority under Ark :/ Stat;. Ty § 19-2304 to vacate portions of alleys which are not required for corporate, Fy 4,Q purposes ; and 'r/,r MUMEAS, the Board of Directors has determined that the following described unopened alley located in Block 4 of Duncan ' s Addition between Center and Treadwell and West of Hill Street is a platted but unopened alley which is not required for corporate purposes , NOW, THEREFORE, BE IT ORDAIINED BY THE BOARD OF DIRECMRS OF TBE 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 a utility easement in and to the following described property located in Washington County , Arkansas : Beginning at the Southwest Corner of Lot 1 , Block 4 , I . W. Duncan ' s Addition to the City of Fayetteville , Arkansas as per plat of said Addition recorded in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County , Arkansas ; and running thence East 176 ' ; thence South 25 ' ; thence West 176 ' ; thence North 25 ' , 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 . 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 conpanies 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 corpanies , and the City of Fayetteville , Arkansas . LIBER 1197 PAGE 10,E -z- 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 2nd day of September 1986 . APPRO By: Mayor ` ATTEST F�lfV e ' . ;Ei@rk CERTIFICATE or RECORD C� 3 ✓: .f� ` ,` State of Arknns;js ii •�'.t !i .•.6 City of :<<�e' ±._.vi ".. SS C. t;r r y City C'erk and 'a; f•;r liteCity ^f F;; ettet ills, ,at thr- s a', e : ar fare- ,f mc•,cr d in my of ice .t - ct tLe satnP •, a _ nc.; �; in U;-dii • ana^ �s> Res�;alion bao!c XXL✓ - — ,t �a * SSS 1 .tr itness MY hand and se: this _ D 3 .-- ----- - ''ay of , styficcorclerinCity CI rlc and Es-G;i� LIBER 1197PAGE MON CERTIFICATE OF RECORD STATE OF ARKANSAS I SS. . - Washingion County I I , A7:�a L: Kc!Ir.^�eyer, Cir-uit Cleric and Ex-Officio Recorder for Washir. ton County, do hereby certify that the annexed 1or�fa e going ins rumcntaashied (or record in my office on thet.v-d"sY the same is CERTIFICATE OF RECORD Of '' '=_1 ' o'do : �Nt, and at page Iinw]I duly rerordod in _ P :,o at pagerur State of Arkansas_ Witness my hand and seal this �3day of($ "r 199-6P City of Fayettevi"e f _ AtMA KQmwffm Suzanne C. Kennedy, Gity Cleric and Circuit Clerk and I, x 0 ficio Rec d Ex-Officio re_orde:' far t,e C":y ,.',q r=1i'etteville, By do hereby certi:y I:'r.;t tF + ;r fore- De y Clerk .,��,. rl ; n,p }t - ,l -, setae aP- . . goIStf ori h ,oic - peiirs X . 1...✓ Soo _ 6r it,ess my hen _ _._ . _.day of Recorder f OR DI NANCE NO. 7:10 • A N O R D I N A fi C :v VACATING AAD A6AN CONING A 25 FOOT 1 t. T- TED UNOPENED Al. t %? Y STATE of ARKANSAS LOCATED IN BLOCK : r•" s!. DUNCAN ' S ADDIT . 6i; BETWEEN CENTER .�+ . � County of Washington TREADWELL, WEST G•- HILLSTREET. WHEREAS, the Boartl i Directors has the authority Ip I La'L( .,f� C ' :'=,Ct -�[ I hereby certify that I under Ark. Stat. 519-230e toY am the publisher ot)rHE NORTHWEST ARJ(ANSAS TINES, a dally newspaper vacate portions in. ai Ys 1 having a second class mailing privilege, and being not less than four pages of which are noVreciaired for corporate purposes; and five columns each, published at a fixed place of business and at a fixed Idally) WHEREAS, the Board of Intervals continuously In the City of Fayetteville. County of Washington. Arkansas Directors has determined that the following described for more than a period of twelve months, circulated and distributed from an unopened alley located In established place of business to subscribers and readers generally of all classes Block betty a Cent Addition and In the CII and Count for a definite rice for each co p between Center and Y Y P pY. orafixed rice per Treadwell and West of Hill annum, which price was fixed at what Is considered the value of the publication, sweet is a platted but based upon the news value and service value It contains, that at least fifty percent unopened alley which is not re0uired for corporate put. of the subscribers thereto ha ce paid cash for their subscriptions to the newspaper poses. or its agents or through recognized news dealers over a period of at least six NOW, THEREFORE, BE months; and that the said newspaper publish an-av'era a of more than fort IT ORDAINED BY THE p g Y BOARD OF DIRECTORS percent news matter. OF THE CITY OF FAYET- TEVILLE, ARKANSAS: Section 1. That the City of I further certify that the legal notice hereto attached In the matter of Fayetteville, Arkansas hereby vacates and aban- dons all of Its rights together With the rights of the public l `/1 .(X��;i:. /ani Qct >�� • �-) C/ generally, subject to Me reservation of a utility / easement in and to the fm- was published In the regular daily issue of said newspaper for ' lowing described Property consecutive insertions as follows: . located in Washington Coun. ty, Arkansas: CJS Beginning at the The first Insertion on the a day of /° P� 4-este. 19 116 Southwest corner of Lot 1# Block e, I .W. Duncan's Addy thin to the City of Fayet. the second Insertion on the day of 19 Vville, Arkansas as per plat of said Addition recorded in theofficeof the Circuit Clerk the third Insertion on the day of 19 and Es-Officio Recorder of Washington County, Arkan- sas; and running thence ) and the fourth insertion on the d 19 -'"-- East 176'; thence South 25'; thence West 176'; thence Norah Sectionion 2. The City of - Fayetteville he Sworn to and subscribed before me on this --� day of ment reserves an ease over, across and underrn above described alley tot (SC. // ).t I I (1 ( n construct, lay, remove,) relay, enlarge, and operate / Public utility Imes. Section a. As a contlitlon of the abandonment of said NO PUbi1C alley the City shall be held) free and harmless from Ila- i billy astoanyclaimsof th:•I M Commission Expires: contiguous guous property owners ' ( ' for damages to the property damadescribed herein, wh ice:I 1 L damage may result from the CITY. Or otherutility conal antes removing end , relocating Public utility Imes located-- in or upon salui yy vacated alley. 1 Fees for Printing __._ $ Section A. Said utilltpi easement shall be for the ] benefit of the electric Powe. Cost of Proof _. S companies, telephone com- t ponies, gas companies, anb, Total __._ $ the City of Fayettevillc, l Arkansas. Section 5. A copy of this . the City Clerk certified then n I the City Clerk shall ec rdedl In the office of the Recorder Of the County and rs htl of t In the Dead Records of the County. PASSED AND APPROV- ED this 2nd tley oil September, 1986. APPROVED By: Paul R. Noland I Mayor ATTEST By : Suzanne C. Kennedy City Clerk _