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HomeMy WebLinkAboutOrdinance 3332 f co n co L co v N A n _ --i _ ORDINANCE NO . X32 O r '— M r^ cern � o0 AN ORDINANCE VACATING AND ABANDONIN BRT;9N o OF A NORTH- SOUTH ALLEY LOCATED BETW M 9�Hdft MICROF11 MED AVENUE AND LOCUST AVENUE SOUTH OF 9TH ftRfEq^' n WHEREAS , the Board of Directors has the authority under Ark . Stat . 519 - 2304 to vacate portions of streets and alleys which are not required for corporate purposes ; and WHEREAS , the Board of Directors has determined that the following described portion of a north- south alley between School Avenue and Locust Avenue , south of 9th Street is not required for corporate purposes . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section L. 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 an easement on , over , across and under the above described alley to construct , lay , remove , relay , enlarge , and maintain public utility lines . Section 3 . Said utility easement shall be for the benefit of the City of Fayetteville , Arkansas . Section 4 . As a condition of the abandonment of a portion 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 installing , maintaining , removing , or relocating public utility lines located in or upon said vacated alley . PASSED AND APPROVED this 16th day of FPhruary , 1988 APPROVED mayor TE • f!,t. ' t , ;Clerk litEF.�,T.UGPACf�� EXHIBIT "A" Beginning at the Northeast corner of Lot 18 in Ferguson ' s Addition to the City of Fayette - ville , Arkansas as designated on the revised plat of Blocks 5 and 6 in said Addition , recorded in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County , Arkansas , thence along the East property lines of said Lot 18 and Lots 17 , 16 and 15 to a point 25 ' south of the Northeast corner of Lot 15 in said Addition ; thence East 121 ; thence North to a point 12 ' East of the point of beginning ; thence W 12 ' to the point of beginning . CERTIFICATE OF RECORD t, Alma Kollmeyer, Circuit Clink eed Ex-officio Recorder for Washington County. State of Arkansas ( SS Arkansas, do hereby certify that this in- City of Fayetteville ( strument was filed for record in my office I, Suzanne C. MCWethy, City Clerk and as indicated hereon and the same is now Ex-Officio recorder for the City of Fayetteville, duly recorded with the acknowledgement do hereby certify that the annexed or fore- and certificate thereon in Record Book and going is of record in my office and the same ap- Page as indicated thereon. pears in Ordinance & Resolution book IN WITNESS WHEREOF, I have hereunto XX II ,, '' set my hand and affixed the seal of said 1�Y.. at page 3 � 3 Witness my ha d and seal this ex? c Court on the date indicated hereon. 9 ay of Alma Kollmeyer 9 Circuit Clerk and �xofficio Recorde[ City Ct r!< and Ex-Officio R rder /^ " i ( + (y1n by 1 ORDINANCE NO. 3772 A'N' . O R DSM A N C E'� VACATING AND ARAN 1 ONING PORTION OF AI STATE of ARKANSAS NORTH-SOUTH ALLEYS Be. LOCATED BETWEEN I County of Washington SCHOOL AVENUEENUE AND LOCUST AVENUE SOUTH 'OF9THSTREET. WHEREAS, the Board Of Directors has the authority 1 I ' ( , t i C /�-� .t rl[ -�( D� hereby certify that I under Ark. Stat. 519-2704 to . vacate portions Of streets am thepublisher of THE NORTHWEST ARKANSASTIMES, a daily newspaper and alleys which are not re- I having a second class mailing privilege, and-being not less than four pages of qulred for corporate our five columns each, published at a fixed place of business and at a fixed (daily ) pox=; endREAS;Oil@ Board of Intervals continuously in the City of Fayetteville, County of Washington. Arkansas WHE Directors has +determined for more than a period of twelve months, circulated and distributed from an that iM f011owln9 tlexrlbed gonion al a none-Soutn alley established place of business to subscribers and readers generally of all classes batween Scnool Avenue and in the City and County for a definite price for each copy or a fixed price per Locust Avenue, South 01 9th I annum, which price was fixed at what Is considered the value of the publication, Street Is not required fort corporate purposes. based upon the news value and service value Itcontains, that at least fifty percent Now, THEREFORE, BEI of the subscribers thereto have paid cash for their subscriptions to the newspaper IT ORDAINED BY THE BOARD OF . DIRECTORS I or its agents or through recognized news dealers over a period of at least six OF THE CITY OF FAYET• months; and that the said newspaper publishes an average of mot. than forty TEVILLE, ARKANSAS: Fayetteville, Arkansas the City Of Arkanse= I percent news matter. hereby vacates and abort- , dons all a its rights together . I further certify that the legal notice hereto attached In the matter of with the rights of the public generally, in and W the property described In Exhib- 1 `Al // l C Ci x PC. ' �V • �- it "All attached hereto and made apart hereof. y / Section 2. The Citof . Fayetteville hereby waspublished In the regular daily issue of said newspaper for reserves an easement on, Consecutive Insertions as follows: over, across and under the - / above described alley to construct, lay, remove, The first Insertion on Iher%1 /Z day of -- 19 G relay, enlarge, and maintain publicectioili 3. Said a. the second Insertion on the da of 19 lines- Section �. SaidYt1111Y Y e ' psement shall be for the 'pbtieftt of the City or•Fgyef- the third Insertion on the day of 19 tevllle, Arkansas. Section e- As a condition of tee,abandonment of a par- and the fourth Insertion on the d .—� flan of sold alley, the City •— shall be held free and harmless from Iiebl Iity es to any claims of the contiguous -pr arty owners for dam- -,. �i ages to the property Sworn to and subscribed before me this ��, day, t described herein, which C damage Tay resYlit from the I -� Lr.C. 9 .CItY Installing, melntelning, ' publlc Y11�IIfY lines locatetl�n 'C/ ' or upon said vacated alley. - PASSED AND APPROV- I Notkj Public ) ' ED. MIs 16Th day, of Febru- / ery;1987• APPROVED ) y MCommission Expires: 1 Marilyn Johnson , . i.t•F.7rf „ Mayor i.... . 'ATTEST ' gy: Suzanne MCWethY City Clerk EXHISIT "A"' co corner r I at the Northeast corner of Lot la in � ( ` lY�ty/ Ferguson's Addition to the t clty a Fayetteville, Arkam Fees for Printing --_ S / � 3r/sa= as designetetl on the revised plat dditi Blocks ands Cost of Proof In sold Adtllthe recorded In the off ice of the ClrcuiT Clerk pp and Ex-OHicio Recorder of Total —__. S31,_ �Z Washington County, Arkan- and Mance along the East property lines of said Lot 18 end Lots sa le and is to ' ``\ rl, point 29' SoUM of the Nor- /M1',. I ' . . freest eorenr of Lot 15 East 1- „ e sold thence thence East 12'; Mance North to apoint 1 12' East of the Point O � beginninpog; thence W 12', to 1 . intof beginning. the t •� I `\