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Home My WebLink AboutOrdinance 3261 E FILED ORDINANCE NO . 326611� mm��FOR RECORD AN ORDINANCE VACATING AND ABATIb&&b3A jR NN MICROFILMED OF EAST AVENUE SOUTH ON,ASAtCHIBA 1 fj BOULEVARD . ALMA IOttt' C' OU,dTY AR WHEREAS , the Board of Directors CI KCY4W hority under Ark . Stat . § 19 - 2304 to vacate portions o Tr(941ERK which are not required for corporate purposes ; and WHEREAS , the Board of Directors has determined that the following described portion of East Avenue is not required for corporate purposes . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF J THE CITY OF FAYETTEVILLE , ARKANSAS : i d 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 property described in Exhibit " A" attached hereto and made a part hereof . Section 2 . The City of Fayetteville hereby reserves the easement described in Exhibit " A" attached hereto on , over , across i and under the above described street to construct , lay , remove , e) relay , enlarge , and maintain public utility lines , drainage structures and sidewalks . 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 com- panies , and the City of Fayetteville , Arkansas . Section 5 . 1A 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 5 day of May 1987 . \\ APPROVED Mayor f l � � 1. By : JMdBn � fit, 1E '�►. "'Clerk may , LIBER1224PAGE894 IL EXHIBIT "A" Beginning at a point on the East right of way of East Avenue , said point being 99 . 75 feet North of the Southwest corner of Lot 1 , Block 42 of the Original Town Plat of the City of Fayetteville , Arkansas , and running thence N 89 degrees 50 ' W 55 feet to the West right of way of said East Avenue , thence North 45 . 10 feet to the South right of way of Archibald Yell Boulevard , thence N 67 degrees 40 ' E with said right of way 59 . 46 feet , thence South 67 . 85 feet to the point of beginning . Containing 0 . 07 acres , more or less , as per plat on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County , Arkansas . II8FR12?4r4cE895 • 1 CERTIFICATE OF RECORD 1, Alma Ex1, Kollmeyer• Circuit Clerk 'tate of Arkansas ( qg k°Ce zand « v_sl:ingion hcroby c.; r!!1 Countyr �.1tV of Fayetteville ( Arkansas, do shw^>ni m hot ,7 Clerk and as hkd !or r l , Suzanne C. I{CnnC(1V, city as mdlcalad hcreo cco, c elhce Officio recorder for the City cf Fayetteville, duty re n Gnd ;he , fore- and c°rded whh the ack;:o wled 's now 'lo hereby- certify that the aillic`.^tl OT cort,hcate Ihereo - gement ': .i '.i is of record in lay office a:iCl the Sane aP' pa5e ac f r :n ,+ccord Book and in thereon. •tears in Ordinance f� Resolution book I.v wlrvess w Witness n1 !` my hand and HEF•EOF, I have hereunto SCI . X --at PaSe atfixed �• t Court o;� the the seal of _,.—.day O. i sai hand and Seal this— date indicated hereon, d ]911-1-Alma KeflmeYer �'� clio r Goff"cuq Clcik sad City Cl rk and Ex-Off i� o RCCOr 1"Ex-of/icio gecorder by IIA /1 ORDINANCE NO. 3261 A N O R D I N A N C E • VACATING AND ABAN DOMING A PORTION OF EAST AVENUE SOUTH OF • ARCHIBALD YELL . BOULEVARD. WHEREAS, the Board of Directors has the authority under Ark. Stat. 5192304 to STATE of .ARKANS,Li vacate portions of streets as. which are not required for corporate purposes; and County of Wishinglon WHEREAS, the Board of Directors has determined , that the following tlescribetl portion of East Avenue is not I _ 4t5her herebycecitis matl required for corporate pur- poses. am ItepubT EN R'FI WEST ,XRKAV!� STINIES. a dailc newspaper NOW, THEREFORE, BE having a second class mailing prlvilegn• and being not less than four pages of IT ORDAINED BY THE flee columns each, published at a fixed place of business and at a fixed Idaily' 1 BOARD OF DIRECTORS OF THE CITY OF FAYET- intervals continuousl.% in the Cliy of Fay stleville. Count) Of Washington. Arkansas TEVILLE, ARKANSAS:. for more than a perind of twelve months. Circulated and distribuled from an Section 1. That the City of Fayetteville, Arkansas established place of business to subscribers and readers genera IN of all sasses hereby vacates and aban- in the City and County for a definite price for each copy, or a fixed price per dons an of its rights together annum, which price was fixed at what Is considered the value of the publication, With the rights of the public - generally, In and to the based upon the news value and service value it contains. that at least fifty percent property described in Exhib of the subscribers thereto have paid cash for their subscriptions to the newspaper , It "A" attached hereto and made pari hereof. Or its agents Or through recognized news dealers Over a period of at least six Section 2. The City of months: and that the said newspaper publishes an average of more than forty ; Fayetteville hereby percent news matter. : reserves the easement Pe described In Exhibit "A" at- tached hereto on, over, 1 further certify that the legal notice hereto attached in the matter of across and under the above described street to con- struct, lay, remove, relay, y� enlarge, and maintain public utility lines, drainage t structures and sidewalks. Section, 3. Asa condition of ' was published in the regulardailc issue of said newspaperfor �— the abandonment of saic street the City shall be hely Consecutive Insertions as follows: •free and harmless from lia bility as to any claims of the The first insertion on the Jl day of 19 e contiguous property owners for damages to the property I '_ described herein, which the second insertion on the day of 19 damage may result from the City, or other utility corn- panies removing and the third insertion on the day of 19 relocating Public utility lines (coated in or upon said vacated street. and the fourth insertion on the day:of. 19 --� Section 4.' Said - utility easement shall be for the benefit of the electric power If = companies, telephone corn / parties, gas companies, and Sworn to and subscribed before me on this day of the City of Fayetteville, Arkansas. Section S. Acopy of this Ordinance duly certified by the Clerk Shell be in thee off of the Recorder tler of the County and recorded \ to Public in the Deed Records of the County. PASSED AND APPROV- EDthis5dayofMay. 1987. My Commission Expires: . APPROVED ^ , By : Marilyn Johnson Mayor ATTEST By: Suzanne C. Kennedy City Clerk Seal EXHIBIT "A"Beginningata point on the Fees for Pt'inting . . S East right of way of East Avenue, said point being 99.75 feet North of the Cost Of Proilf ._— . ------- ---- -- Southwest corner of Lot 1. Block 42 of the Original x) 478 Town Plat of the City .of 'rota) S U Fayetteville, Arkansas, and running thence N 89 degrees I 50'W 55 feet to the West right of way of said East Avenue, thence North 45.10 feet to the South right of way of Ar- chibald Yell Boulevard, thence N 67 degrees 40'E with said right of way 59.46 feet, thence South 67.85 feet to the point of beginning. Containing 0.07 acres, more or less, as per plat on file in the off ice of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkan. sa5.