HomeMy WebLinkAboutOrdinance 3367 FILED FOR RECORD
$8 OCT 19 PSI 2 26
WASHING_ION CO AR
A. KOLLMEYER
ORDINANCE NO , 3367 MICROfiLMED
AN ORDINANCE VACATING AND ABANDONING A PORTION
OF A NORTH- SOUTH ALLEY LOCATED BETWEEN SOUTH
COLLEGE AVENUE AND SOUTH WASHINGTON AVENUE
NORTH OF 15TH STREET .
WHEREAS , the Board of Directors has the authority under
Ark . Code Ann . § 14 - 54 - 104 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 South
College Avenue and South Washington Avenue , north of 15th Street
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 , in and to the following described alley :
" Beginning at the SE corner of Lot 5 in Block 8 of Berl
Dodd Addition to the City of Fayetteville , Arkansas ,
thus North along the Eastern property lines of said Lot
5 and Lot 4 of said Block 8 to the Northeast corner of
Block 4 ; thence East 10 ' to the Northwest corner of Lot
7 in said Block 8 ; thence South on the West boundary
lines of said Lot 7 and Lot 6 in said Block 8 to the
Southwest corner of said Lot 6 ; thence West 10 ' 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 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 .
1291P.A31
. 2 —
PASSED AND APPROVED this 2nd day of August 1988 ,
APPROVED
By : _ naa tL lA�
Mayor
ATTEST
By :
Clerk
c ! �
4
ueEa 1291PAGE832
�Y
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� l
CERTIFICATE OF RECORD I, Alma Kolimeyer, Grant Clot and
6s-o ficin Recorder fer Washington C="#
State of Arkansas ( SS Arkansas, do hereby certify that this in-
City of Fayetteville ( strument was tiled for record in my office
1, Suzanne C. McWethy, City Clerk ands mdicafed hereon and the same is now
duly recorded with the acknowledgement
Ex-Officio recorder for the City of Fayetteville,
nd certificate thereon in Record souk and
do hereby certify that the annexed or fore-
going is of record in my office and the same ap PBgas indicated (hereon.
I
pears in Ordinance & Resolution book N WITNESS WHEREOF, I have hereunto
,
`IV, sal my hand and affixed the seal of said
Xd
_ at page 34 O Witness m}Court on the date indicated hereon.
hand nd seal this �7� day OrAlma Kollmeyer
Grcuit Clerk and
Etvoflicia Recorder
STATE of ARKANSAS lI
ORDINANCE NO. 3367 ' J 88.
AN OR D INA N C E County of Washington
VACATING AND ".ABAN-
DON ING A PORTION OF A
NORTH -SOUTH, (ALLEY
LOCATED BETWEEN I . 7 hereby certify thatISOUTH COLLEGE
'AVENUE AND SOUTH am the publisher of TH NORTHWEST ARK AS TIMES, a daily newspaper
WASHINGTON AVENUE having a second class mailing privilege, anit-ling not less than tour pages of
NORTH OF 15TH STREET. five columns each, p p g y
WHEREAS, THE Board of published at a fixed lace of business and at a fixed (daily)
Directors has the authority Intervals continuously in the City of Fayetteville. County of Washington, Arkansas
under Ark. portions
Sia
Street vacateto portions of for more than a period of twelve months, circulated and distributed from an
streets and alleys which are established place of business to subscribers and readers generally of all classes
not required for corporate In the City and County for a definite price for each copy, or a fixed per
. purposes; and price
WHEREAS, the Board of annum, which price was fixed at what Is considered the value of the publication,
Directors has determined based upon the news value and service value it contains, that at least fiftypercent
that portio of a lewingdescrilley of the subscribers thereto have aid cash for their subscriptions to the newspaper
portion na South co alley or its agents or through recognized news dealers over a period of at least six
between South College
,Avenue and South Washing- months; and that the said newspaper publishes an average of more than fort
fon Avenue, north of 15th Y
Street is nor squired for cor- percent news matter.
rporate purposes.
NOW, THEREFORE, BE
IT ORDAINED BY TEH I further certify that the legal notice hereto attached in the matter of
BOARD OF DIRECTORS
OF THE CITY OF FAYET- n /�
TEVILLE, ARKANSAS:
Section 1. That the city of
Fayetteville, Arkansas
hereby vaclites and aban. /
' dons all of its rights together was published In the regular daily issue of said newspaper for
. with the rights of the public consecutive insertions as follows:
generally, in and to the fol- .)
lowing described alley:
"Beginning at the SE cor. The first insertion on the v p
tier of Lots in BlockB of Berl day of _C53.,_ 19 f12_
Dodd Addition to the City of
Fayetteville, Arkansas, thus the second insertion on the day of 19
North along the Eastern
property linea of said Lot 5
and Lot 1 Of said Block 8 to the third Insertion on the day of 19
the Northeast corner of
Block 6; thence East 10' to
the Northwest comer of Lot and the fourth insertion 00 the day—Of_ ])�
7 In said 'Black 8; thence
South on the West boundary
lines of said Lot 7 and Lot 6In said Block 8 to the
Southwest corner of said Lot S orn to and subscribed before me n this IS day of
6; thence West 10' to the
point of beginning."
Section 7. The City of
.Fayetteville hereby Ci 4 (�` . I
reserves easement on,
over, across and under the
above described alley to '
construct, lay, remove, No a 'y Public ,
relay, enlarge, and maintain
public utility lines. f
•. : Section a. Said utility My Commission Expires: '
easement shall be for the
benefit of the City of Fayet-
�tevllle, Arkansas.
. Section 6. AS a condition of
the abandonment of a por.
tion of said alley, the City
shall be held free and
• harmless from Itas to
any claims of thee Contiguous Fees for Printing ) 5
property owners for tlrty g —
idesc to the property
damage
herein, which
damage may result from ins Cost of Proof 5
City Installing, maintaining,
removing, or relocating Total 1
Public utility liens located in
or upon said vacated alley.
PASSED AND APPROV-
ED THIS Intl day of August, J
1988.
! APPROVED n1
By: Marilyn Johnson ` \-
Mayor � �1 _
ATTEST I \V• �� ' '
By : SuzanMMcWethy _
City Clerk
