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HomeMy WebLinkAboutOrdinance 3216 PO t'1460 -8e Ofd 1 RFCo '9 GMIN INCE Rn. 3216 W4-3,y/1,j.%8 A1j 10 S MICROFILMED q4M yC 0 AL EIG OF MOUNTAIN VIEW ADDITIORDINANCE VACATING AND ON ANO H ING OF MAPLE E� T rqR EAST OF VINSON AVENUE . FffiREAS, the Board of Directors has the authority under Ark . Stat . Ann . § 19-2304 to vacate portions of alleys which are not required r\ �j for corporate purposes ; and V MIERFAS , the Board of Directors has determined that the following described alleys are not required for corporate purposes . NOKr THMM F BE TT ORDAINED BY THE BOARD OF DIRSC M16 OF THE CITY OF FAY91TEV F AfflUlSAS : Section 1 . That the City of Fayetteville , Arkansas hereby vacates and abandons all of its rights together with the rights of the public generally in and to the following described alleys : ( a ) A twenty foot wide alley running East and West between Lots 3-4 and Lots 11-12 in Block 8 of Mountain View Addition to the City of Fayetteville , Arkansas ; and ( b) A ten foot wide alley running North and South between Lots 5-8 and Lots 4 and 11 in Block 8 of Mountain View Addition to the City of Fayetteville , Arkansas . Section 2 . The City of Fayetteville hereby reserves the following described easement to construct , lay , remove , relay , enlarge , and operate public utility lines : Five feet of equal in uniform with along the entire East boundary of the ten foot wide alley running North and South between Lots 5-8 and Lots 4 and 11 in block 8 of Mountain View Addition to the City of Fayetteville , Arkansas . Section 3 . Said utility easement shall be for the benefit of the natural gas companies in the City of Fayetteville . Section 4 . As a condition to the abandonment of said alleys , the City shall be held free and harmless from liability as to any claim of the contiguous property owners for damages to the property described herein , which damages may result from the City , or other utility companies removing and relocating public utility lines located in or upon said vacated alleys . LIBER 112®5 PAGE 790 -2- 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 APPRDVED this 21st day oOctober , 1986 . f� APPROVED. Mayor M1 * 'tfii is �c C'lerk fiui; l • ,✓ UBfR1205PAGE791 r I, Alma Kollmeyer, Circuit Clerk and Ex-officio Rccordw for Washington County# Arkansas, do eLi by certify the this in- CERTIFICATEOF RECORD strument ; ,cd for record in my office CORD as indic_!ed imicon the same is now State of Arkansasa daffy rcco:de3 aifh 1.._ ac;;rc':.Icd anent City Of I' ayett,+ i. !�: ( •S'•S` and cer:ilicofe liicrecn I.• V.-cord Book and 'y I Suzanne C. T{_ Page as ircd c;.red Ihcrccn. E7;-Of IC10 I'ep0_' ler -1er' y City Clerk and IK ;.'i-ii1F55 \"r:H'.FCF, I have hcreuntG do hereby cel-cot, i1;tt ,? C ?y ;>f Fay:;aeville, setm y haincl inaffixed the scoff of said going ig -I . 2 " ' 'alta :_ ' .., Court ou rhe :iale indicated hereon. Of recot'd in core. [nV 6ftice T'Ci I:Le 57:TP3 ap' Alma Ko;ImcYer Pears in Orcliannr"e j� n , , tt..xI Ciroull Clark and .1} --ai nngo._73 \?Y]t e.SS My Recorder YYFF hand and °eat , A ?: .is . _ 19_ o y C•tj erk and Ez- :a0 Record . ' r ORD INA NCE NO. 3216 AN ORDI NANCE VACATING AND ABAN- DONING TWO ALLEYS IN STATE of ARKANSAS BLOCK EIGHT OF MOUN- TAIN VIEW ADDITION ss. NORTH OF MAPLE County of Washington STREET AND EAST OF VINSONAVENUE. I - WHEREAS, the Board Of Directors has the authorityR- hereby certify that I under Ark. Stat. Ann. 5190 2304 to vacate portions of am the publisher fTHE NORTHWEST KANSASTINIES. adaily newspaper alleys which are not re- having a second class mailing privilege. and being not less than four pages of quired for corporate pur. poses; and five columns each, published at a fixed place of business and at a fixed (dally ) WHEREAS, the Board Of Intervals continuously In the City of Fayetteville. County of Washington, Arkansas Directors has determined fthan a period of twelve months. circulated and distributed from an ' or more an that the following described alleys are not required for established place of business to subscribers and readers generally of all classes corporate purposes. BE REl In the City and County for a definite price for each copy, or a fixed price per NOW, THEREFORE IT ORDAINED BY TME I annum, which price was fixed at what Is considered the value of the publication. BOARD OF DIRECTORS I based upon the news value and service value It contains, that at least fifty percent OF THE CITY A FA : Of the subscribers thereto ha ve aid cash for their subscriptions to the newspaper OF THE CITY OF P P Section 1. That the City of or Its agents or through recognized news dealers over a period of at least six Fayetteville, Arkansas months: and that the said newsp a hereby vacates and aban- per publishes an average of more than forty dons all of its rights together percent news matter. with the rights of the.publiC . generally in and to the fol- lowing described alleys: I further certify that the legal notice hereto attached In the matter of (a) A twenty foot wide alley running East and West )� , between Lots 3-4 and Lots / " 1112 in Block 8 of Mountain t !. C -if- A '.( if J/ /t View Addition to the City of Fayetteville, Arkansas; and ml A ten foot wide alley I waspublished In the regulardaily issue of said newspaper for running North and south be- Consecutive insertions as follows: tween Lots 5 8 and Lots 4 and 11 in Block 8 of Mountain View Addition to the City of The first Insertion on the •� t. day of / 19 G�— Fayetteville, Arkansas. Section 2. The City of Fayetteville hereby the second Insertion -on the day of 19 reserves the following ) described easement to con- struct" lay, remove, relay, the third Insertion on the day Of 19 enlarge. antl operate public utility lines: Five feet of equal in and the fourth Insertion on the day of 19 uniform with along the en f tire East boundary Of the ten , foot wide alley running I North and South between I / _ Lots 5 8 and Lots 4 and 11 in , Sworn to and subscribed before me ,on this day of block 8 of Mountain View ' Q Addition to the City of Fayetleville, Arkansas. Section 3- Said utility / easement shall De for the p / 1 benefit Of the natural gas companies in the City of Not PUbI1C Fayetteville. 1 ! t 1 Section 4. AS a condition to the abandonment of said My Commission Expires: alleys, the City shall be held free and harmless from lia. bility as to any claim of the contiguous property owners for tlamages to the property described herein, which tlamages may result from the City. Or other utility companies removing and C relocating public utility lines Fees for Printing located in or upon said vacated alleys. Section 5. A Copy of this Cost Of Proof ---- --- ordinance duly certified by the City Clerk Shall be filed I in the office of the Recorder Total _-.. . S Of the County and recorded in the deed records of the County. PASSED AND APPROV- ED this 21 s1 tlav of October, 1986. APPROVED: Paul R . Noland t, Mayor (//'1l1tlgt/IIV. ATTEST : Suzanne Kennedy City Clerk