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Home My WebLink AboutOrdinance 3267 i FILED y- FOR RECORD 1 087 nflY 29 PM 3 29 WAALM ;2TCOU u » AR tJTY ALMA KOLLMEYER ORDINANCE NO . 3267 CIRCUIT CLERK MICROFILMEDAN ORDINANCE VACATING AND ABANDONING A PORTION OF AN EAST/WEST ALLEY LOCATED BETWEEN LOUISE AND ILA STREETS SOUTH OF WILSON AVENUE . WHEREAS , the Board of Directors has the authority under Ark . Stat . § 19 - 2304 to vacate portions of alleys which are not required for corporate purposes ; and WHEREAS , the Board of Directors has determined that the following described east /west alley located between Louise and Ila j Streets south of Wilson Avenue is not required for corporate purposes . U NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : U Section 1 . That the City of Fayetteville , Arkansas hereby d 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 NE Corner of Lot 1 , Block 2 of Wilson ' s First 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 ; thence South 100 ' to the NE Corner of Lot 3 , Block 2 of said Wilson ' s First Addition ; thence East 12 . 5 ' to the West Boundary Line of Lot 8 , Block 2 of said Wilson ' s First Addition ; thence North along the Western Boundary Line of said Lot 100 ' to the NW Corner of said Lot 8 , Block 2 ; thence W 12 . 5 ' to the Point of Beginning . 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 companies removing and relocating public utility lines located in or upon said vacated alley . LIBER1227 PAGE 010 - 2 - 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 . 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 19 day of May 1987 , APPROVED By : � YIJ QoJ Mayor ATTEST By : (/City Cle c LIBERIMPAGE011 ti I, Alma Kollmeyer, Circuit Clerk and (iL;R IFICATE OF RECORD Ex-officio Recorder for Washington County. Arkansas, do hereby certify that this in- E1ate of Arkansas ( SS strument was Wcd for record in my office of L' avc!C Qvill!' l as indicated hereon and �he same is now ; ,:^anre C. Kennedy. rt>' GU ;k U;; duir recorded 'with the acknowledgement . � )fiic:io recorder for the City !ff P r;c`. t-'"rifle, and certificate thcroon a: Record Book and JrCI)y certify that the :na:;c-:•"' .. • -- Page as indicated :hereon. gr,itt it is of record in my Office and the wind Lip- IN WITNESS WHEREOF, I have hereunto "rS in Ordinance lZesolation honl: set my hand and affixed the seal of said �/ Y Court on the date indicated hereotL Witness rar Alma Kollmeyer .:'Y i•° : nd and seal this------- -_ ._ da7 cf Circuit Clerk and :;,t7. s•- ' �s Etcofficio Eflco rj.Gl' M1 rY , S �YYY • •W r. Y��rrrrrfllif � Il ltt ftt ....._,. . ... ._. . .. - STATE of ARKANSAS l w Legal Notices - ` =' = '' legal Neum , } es. County of Washington 1 ORDINANCE N0. N C E contiguous property Owners ' VA ORD ] N A NCE for damages herein,the property VACATING AND ARAN- damage dresutfrom ; 'DONING A PORTION OF damage may result from iheI, j, C - hereby certify that ( AN EAST/WEST ALLEY City, Orother utility com-. • LOCATED BETWEEN panies 'removing and am the publisher o HE NORTHWEST AR NSAS TIMES. adaily newspaper L O U I S E AND ILA relocating public utility lines having a second class mailing privilege, and being not less than four pages of STREETS SOUTH ; OF locatvacat cl all ' upon , ,said five columns each, published at a fixed place of business and at a fixed (daily) I . WHEREAS, the , vacatetlalle . . WHEREAS, the eoartl Of', . . section 1. 'Said uanty Intervals continuously In the City of Fayetteville, County of Washington, Arkansas Olrectors has The authority easement shall be for the. for more than a period of twelve months, circulated and distributed from an r under Ark. Stat: S19-2304 to benefit of the electric power ' vacate portions of alleys companies, ' telephone com-� established place of business to subscribers and readers generally of all classes which are hot required for• genies, gas companies, and in the City, and County for a definite price for each copy, or a fixed price per corporate purposes; and the city of _ Fayetteville, .. ., WHEREAS, the �Board of Arkansas. i^ annum, which price was taxed at what Is considered the value of the publication. �- M...-.r+ice; : Directors has determined . Section s. A copy Or this, based upon the news value and service value it contains, that at least fifty percent that the following described ordinance duly certified by : of the subscribers thereto have paid cash for their subscriptions to the newspaper east/west alley located be. the City Clerk shall be filed tween Loulse and Ila Streets in the office of the Recorder: or Its agents or through recognized news dealers over a period of at least six south of Wilson Avenue is of the county and recorded months: and that the said newspaper publishes an average of more than forty .not required for 'corporate in the Deed Records of the County. . . : , percent news matter. � purposes. OTHEREFORE, BE B PASSED AND APPROV- iT ED this today of May, 1987.ORDAINED BY THE ,, APPROVED I further Certify that the legal notice hereto attached in the matter Of BOARD DIRECTORS • " ' OF THE CITY OF FAYET- ;o}rio- By : Marilyn Johnson T VILLE, ARKANSAS: . .._„ -.:i, Mayor. //Q / Section 1. That the City of ATTEST” ' ^ ntr. �` _yt &I )t au n �• CP Fayetteville,' Arkansas ' By : Suzanne MOWethya,: hereby vacates an aban- City_Clerk dons all of Its rights togetherwas published in the regular daily issue of said newspaper for With the rights of the public generally, subiect to the consecutive insertions as follows: reservation of a utility / �yn� easement in ,and to the fol- The first insertion on the � day of 19 lowing described property located In Washington Coun- ty, Arkansas: the second insertion on the day of 19 Beginning at the NE Cor- ner of Lot 1, "Block 2 of Wilson's First Addition to the third insertion on the day of 19 the City, of Fayetteville, Arkansas as per plat of said Addition recortletl in rhe of- and the fourth insertion On the d 19 Tice of the Circuit Clerk antl Ex-Officio Recorder of Washington County Arkan- MS; thence South 100' to the ^ C 1p NE Corner of Lot 3, Block 2 Sworn to and subscribed before me 9 this t�J (l_, d Of of said Wilson's First Addi- tion; thence I- E '12.5' }0 the West Boundary Line of Lot 8, Black 2Addition ; 41 said Wilson's First 9 ' /1 // i 1 along the Wthenc a North along the Western Boundary Line oft saitl Lot 100' to the l NW Corner of said Lot 8, N t ry Public . BIOck2; thenceW 12.5- tothe Pointol Beginning. ' � Section 2. The City of My Commission Expires: •Fayetteville hereby reserves an easement on, over, across and under the above %described alley to construct, lay, remove,. relay, enlarge, antl operate . Public Uta lines. K $ 1 ion 3.3. As d COdtll110d 01 the abandonment of saidI l0 • rK� �� alley' the City snail be held Fees for Printing —_ S free and harmless from Ila- bility,as to any Claims of the i Cosi of Proof Total ___._ S