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HomeMy WebLinkAboutOrdinance 3221 ORDINMXE too. 3221 MICROFILMED AN ORDINANCE VACATING AND ABANDONING THAT PORTION 8J F�9 F/SFO OF ELIZABETH STREET LOCATED BETWEEN 1363 AND 149P 1 9 HAROLD STREET . WERFAS , the Board of Directors has the authority under q C: Yt# 2 § 19-2304 to vacate portions of streets which are not rete�O�fQ�UU corporate purposes ; and �//T O`A�F � Ty q9 MEREAS, the Board of Directors has determined that the followiW/r �! described street is not required for corporate purposes . IOV, THEREFORE, BE IT ORDAIIM BY THE BOARD OF DIRECDORS OF THE CITY OF FAYETTEVILLE, ARRANISAS : (/ 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 that portion of Elizabeth Street located between 1363 and 1403 Harold Street as designated on Exhibit "A" attached hereto and made a part hereof . Section 2 . The City of Fayetteville hereby reserves an easement on, over , across and under the above described street to construct , lay , remove , relay , enlarge , and operate public utility lines and drainage structures . Section 3 . 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 . 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 4 day of November , 1986 . APPROVE 1 B i Mayor ATETSTf �( r `� r �. y 'Crerk LIBER 1209 PAGE 296 t , EX=IT 'A' Beginning at the Northwest ( NW) corner of Int 7 in Block 2 of Stubblefield Addition in the City of Fayetteville , Arkansas ; thence South 180 ' to the Southwest ( SW) corner of said Lot 7 ; thence West 50 ' to the Southeast ( SE ) corner of Lot 1 in Block 5 of Stubblefield Addition ; thence North 180 ' to the Northeast ( NE ) corner of Lot 1 in Block 5 of Stubblefield Addition ; thence East 50 ' to the Point of Beginning , VOR1209FA6iM 1, Alma Kollmcycr, Circuit Clerk and Ex-officio ,".rcc ,.r for V::,shinglon County, CERTIFIC �t Ark arsac, do h>r<b/ ccrify that this in RECORD .ies <d :or record in my office State of Arkagas ( • as irdlc..ted Iv-rean and the Same is now rka SS duly recorded with the acknowledgement City of Fflyctt and certificate thereon in Record Book and 1, Suzanne C. Keime:ly, City Clerk and Page as indicated thereon. E%-Officio rCCor(ier fOr the City of Fa)'CateVilt@. IN WITNESS WHEREOF, I have hereunto do hereby' Certify that the a;c❑i:'CC:1 Or fore- set my hand and affixed the seal of said going is of :ecnrd in my office a't(t the Smile ap- Court on the dale indicated hereon. pears in Ordinance G Resolution book Alma Kollmeyer X X I —at page---19Z � SVitness my Circuil Clerk and Ex-ofilcio corder hand and seal this�.o�_—___day of tv� eT . City Clerk and Ex-Ofleio Record . ,ORDINANCE NO. ]til ' A N O R D 1 N A N C E STATE of ARKANSAS VACATING AND ABAN - DONING THAT PORTION aa' OF ELIZABETH STREET County of Washington LOCATED BETWEEN 170.1 AND 1403 HAROLD -: St BEET. 4 �1 M EREAS, the Board of C -A hereby cer(lfythat I Directors has the authority f. - uhber Ark. Stal.. S19a701 to am the publisherof THE ` THP% EST ARKANSA IVIES. a dally' newspaper vacate portions of streets having second class mall ng privilege. and being not less than four pages of vzTlich .are not required for R a corporate Purposes; and five columns each, published at a fixed place of business and at a fixed Nally ) 1 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 street is not required, for established place of business to subscribers and readers generally of all classes corporate Purposes. t NOW, THEREFORE. BE In the City and County for a definite price for each copy. or a fixed price per t ORDAINED By THE annum. which price was fixed at what Is considered the value of the publication, BOARD OF DIRECTORS based Upon the news valueand service value it contains• that at least fifty percent OF THE CITY OF FAYET- YEV ILLE, ARKANSAS: of the subscribers thereto have paid cash for their subscriptions to the newspaper ,section 1. That the City of or Its agents or through recognized news dealers over a period of at least six ryayeftevllle, Arkansas hereby vacates and aban months: and that the said newspaper publishes an average of more than forty Ins all of its rights together percent news matter. th the rights of the public generally, in and to that por- tion of Elizabeth Street Io- I further certify that the legal notice hereto attached In the matter of �1J � catea be67 and HarOltl Street as tleattached on Exhibit ."A•• ttachetl /f / t ( " L' •.( e ' hereto ands made a part . hereof / Section 2. The City of F ayettevi tie hereby was published In the regulardaily issue ofsaid newspaperfor reserves an easement on, consecutive insertions as follows: over, across and under the '! alzpve describetl street to construct, lay, remove. The first Insertion on the day of � � 19 d In relay, enlarge, and operate public utility , ructu lines and the second Insertion on the day of 19 drainage structures. ti l I Section 7. As a nt of tan of 'ine t the City shall 04 said street the City shall be hem the third Insertion on the day of 19 free and harmless from lia. bility as to any claims of the and the fourth Insertion on the day—ot\ 19 contiguous Property owners for damages tothe property described herein. , which damage may result from the City, or other utility com- _ ' panles removing and Sworn to and subscribed before me n this - 'S � day of relocating public utility lines f located in or upon. ,`ale vaceted street. Section 4, Said utility ' easement shallhe for the beret it Of the electric power. . copanies, - telephone com- NotaPublic ' panmies, gas companies, and z :the City of Fayetteville, Arkansas. - "' My Commission Expires: Section S. 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 Deed in the Deed Records of the County. PASSED AND APP ROV , •�/7 ,[�[ ED Ihis 4 day OI November. Fees for Priming $ • • • / 1986. .5� .•.,.;', APPROVED By: Paul R. Nolantl ayCOSI of Proof _- S .., ..•. ' Mor, ATTEST "' J By ; Suzanne C. Kennedy Total __ S City Clerk EXHIBIT "A" Beginning at the Northwest ( NW) Corner 01 Lot 7 in Block 2 of Stubblefield Addi- tion in the City of FaYef- teville, Arkansas; thence South 180' IO the Southwest (SW) corner of said Lot 7; thence West 50' to the Southeast (SE) corner of Lot 1 in Block 5 Of Stubblefield , . Addition; thence North 180' to the Northeast (NE ) cor* ner of Lot 1 in Block 5 Of Stubblefield Addition ; thence East 50' to the Point of Be inning —