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 —
