HomeMy WebLinkAboutOrdinance 3332 f co
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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
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