Loading...
HomeMy WebLinkAboutOrdinance 3308 K, '8eFF6 F`'R RF o0 441 9Uy `o, coop 11 ORDINANCE NO , 3308 G1T 2/F ✓Ty ,z , AN ORDINANCE VACATING AND ABANDONING M�CROFItMED UNOPENED PORTION OF CREST LANE BETWEEN HIGHLAND AVENUE AND POLLARD AVENUE . WHEREAS , the Board of Directors has the authority under Ark . Stat . § 19 - 2304 to vacate portions streets which are not required for corporate purposes ; and WHEREAS , the Board of Directors has determined that the following described unopened portion of Crest Lane located between Highland Avenue and Pollard Avenue is a platted but unopened street which is not required for corporate purposes . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the City of Fayetteville , Arkansas hereby 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 Southwest Corner of Lot 4 in Block 10 of City Park Addition as per plat of said Addition recorded in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County , Arkansas.; thence , along the South boundary line of said Lot 4 to the Southeast Corner of said 'lot ; thence South 20 ' to a point on the North boundary line of Block 11 in said City Park Addition ; thence , West 170 ' to the Northwest corner of said Block 11 ; thence North 20 ' to the Southwest Corner of Lot 4 in said Block 10 , the same being the point of beginning . 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 . 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 . pp _ LIM,, 1250PAGE 892 - z - 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 3rd day of November 1986 , APPROVED By /LAaY Mayor lerk EIBER 893 �r250PtiU-E �i 1, Alma Kollmeyer, Circuit Clerk and CERTIFICATE Or RECORD Ex-officio Recorder for Washington. Countyt State of Arkansas Arkansas, do hereby certify Ihaf this in- City of Fayetteville SS strument was filed for record in my office as indicated hereon and the same is now I, Suzanne C. McWeth y, City Clerk and duly recorded with the acknowledgement Ex-Officio recorder for the City of Fayetteville, and certificate thereon in Record Book and do hereby certify that the annexed or fore- page as indicated thereon. going is of record in my office and the same ap- IN WITNESS WHEREOF, I have hereunto pears, in Ordinance Ordinance & Resolution book set my hand and affixed the seal of said at page- 'Z-- J— .�, Witness my Court on the date indicated hereon, hand nil seal this -- � t - �—yday of 'Alma Kollmeyer 19 Xd Circuit Clerk and s Lrof�licio RecordeE S City Cler and Ex-Officio Pea ,rd'=r Or OR OIR D I NO. 330111 C AN OR D IN A N C E VACATING AND ABAN- DONING AN UNOPENED STATE of ARKANSAS 1I I• PORTION OF CREST yea. L A N E B E T W E E N 11 HIGHALNO AVENUE AND County of Washington POLLARDAVENUE. WHEREAS, the Board of Directors has the authority //�I �)� / �� - under Ark. Stat. ss19-2004 to I L� l_l ,i. �, y�-�CG ,� a vacate portions streets t• hereby certify that I which are not required for am the publisher of VIENORTHICFST AKASSAS TIMES, adaily newspaper corporate purposes; and having a second class mailing privilege, and being not less than four pages of WHEREAS, the Board of P g Directors , has determined five columns each, published at a fixed place of business and at a fixed ( daily ) that the following described Intervals continuously in the City of Fayetteville. County of Washington, Arkansas unopened portion of crew Lane lacrti between for more than a period of twelve months, circulated and distributed from an Lan Highalnd Avenue and established place of business to subscribers and readers generally of all classes Pollard Avenue is a platten to the Cit and Count for a definite rice for each co p p but unopened street which is y y P copy, or a fixed rice of not required for corporate annum, which price was fixed at what Is Considered the value of the publication, purposes. based upon thenews valueand sercicevalueit Contains, thatat least tiff percent NOW, THEREFORE, BE fifty IT ORDAINED BY THE of thesubscribers thereto have paid cash for their subscriptions to the newspaper BOARD OF DIRECTORS or Its agents or through recognized news dealers over a period of at least six OF THE CITY OF FA ARKANSAS: months; and that the said newspaper ublishes an avers a of more than fort OF THE CITYOF P g Y Section 1 . That the City Of percent news matter. Fayetteville, Arkansas hereby vacates and aban- dons all ofits rights together ) I further certify that the legal notice hereto attached In the matter of with the rights of the public generally, subject the u �� + reservation Of a utility (/,L easement in and to the fol el C lowing described property located in Washington Coun- ty, Arkansas: was published in the regular daily issue of said newspaper for Beginning at the Southwest consecutive insertions as follows: Corner of Lot 4 in Block 10 of , City Park Addition as per I plat of said addition re- The first Insertion on the t !7�� da of Zt Ab uJ9 tper/ _ corded in the office of the y Circuit Clerk and Ex-Officio Recorder of Washington the second insertion on the day of 19 County, Arkansas; thence, along the South boundary line of said Lot 4 to the the third insertion on the day of 19 Southeast Corner of said lot; thence South 20' to a point on the North boundary line of and the fourth insertion on the day-o[ _ 19 Block 11 in said City Park Addition; thence. West 120' to the Northwest corner of said Block it ; thence North 1' 20' to the Sdutnwe6t Corner Sworn to and subscribed before me on this J'l— C day o[ of Lot 4 in said Block 10, the _ i same being the point of �, �J , beginning- lt" (1 1 / C 9 (l [_ , . Section 2. The City of I / Fayetteville hereby 'I ,: ) reserves an easement on, ' over, across and under the above described street to . o ary Pubilc construct, lay, remove, L ) � relay, enlarge, and operate1 f pubc utnny IInes. My Commission Expires: I f t , Section 0, As a ion of /] t }`'•, \ � ' the abandonmentnt of of said /�� 11/_ street the City shall be held ''•�� free and harmless from Iia- / '!;� Illln '•" biliN as to any claims of the Cdtl dam gS s property owners for damages to the property oesarlbetl herein, which 17 -7 4 Q O t damage may result from the Fees for Printing — _ S (/ / 1 0 com- panies other utility and ponies removing and relocating public utility lines COSI Of Proof _- J located in upon said �) vacated street. y '7 Section Said utility Total __.- $ S� ( _ easement shall be for the benefit of the electric power 0 D companies, telephone com- panies, gas companies, and the City of Fayetteville, Arkansas. +I Section S. l copy of this the City C duly certified ed I the City Clerk shall ec rder in the office of the Recorder /r of the County and rvVjJ/ in the Deed Records of of the the I rrunty. PASSED AND APPROV- ED ay of Novs b r, 36. day of APPROVED 1996. APPROVED By : Marilyn Johnson Mayor ATTEST By : Suzanne C. McWethy City Clerk