HomeMy WebLinkAboutOrdinance 3374 i+
FILED FOR RECORD
' 88 UCT 19 PSI 2 27
WASHING1 ON CO AR
AAOLLMEYER
ORDINANCE NO , 3374 MICROFILMED
AN ORDINANCE VACATING AND ABANDONING A PORTION
OF THE STREET RIGHT-OF-WAY FOR AZALEA TERRACE
ADJACENT TO TOWNSHIP ROAD .
WHEREAS , the Board of Directors has the authority under
Ark . Code Ann . § 14 - 54 - 104 ( 1987 ) to vacate portions of streets
which are not required for corporate purposes ; and
WHEREAS , the Board of Directors has determined that the
following described portion of the street right -of -way for Azalea
Terrace adjacent to Township Road 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 :
A part of Brookside East Subdivision in the City of
Fayetteville , Arkansas , as per plat of subdivision
recorded in the office of the Circuit Clerk and Ex-
Officio Recorder and being more particularly described
as follows : Beginning at the Southeast corner of Lot 62
of said subdivision ; thence North 890 48 min . East 15 . 8 '
to a point of curvature ; thence along a curve with the
radius of 23 . 0 ' and a tangent length of 47 . 4 ' bearing
North and East a distance of 51 . 5 ' to a point of
tangent ; thence North 380 23 min . West 32 . 9 ' to the
Northeast corner of said Lot 62 ; thence Southwesterly
along the East line of Lot 62 , said line being a curve
with a 50 ' radius a distance of 69 . 7 ' to the point of
beginning .
Section 2 . The City of Fayetteville hereby reserves an
easement on , over , across and under the above described street
right - of -way to construct , lay , remove , relay , enlarge , and
maintain public utility lines .
Section 3 . Said utility easement shall be for the benefit
of the electric power companies , telephone companies , gas com-
panies , and the City of Fayetteville , Arkansas .
EIBER 1291 phc.[842
- 2 -
Section 4 . As a condition of the abandonment of said
street right - of -way 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 right -
of -way .
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 6th day of September 1988 ,
APPROVED
By :
f FAYErMayor
F
'4
w
t ,
_ . . UBEP, 1'291 P.cE843
r �
1
CERTIFICATE OF RECORD
State of Arkansas I, Alma Kolimeyer, Circuit Clerk and
SS Ex-officio Recorder for Washington County,
City of Fayetteville \ Arkansas, do hereby certify that this in-
I, Suzanne C. McWethy, City Clerk and strument was filed for record in my office
Ex-Officio recorder for the City of Fayetteville, as indicated hereon and the same is now
do hereby certify that the annexed or fore- duly recorded with the acknowledgement
going is of record in my office and the same ap- and certificate thereon in Record Book and
p�e/a�rs� in Ordinance & Resolution book Page as indicated thereon.
,XX / 1� at page 5 T2 Witnese my IN WITNESS WHEREOF, I have hereunto
set my hand and affixed the seal of said
hand a d seal this 9a lay of Court on the date indicated hereon.
YQY4jjL1j, 19 Alma Kollmeyer
AWO Circuit Clark and
City Clerk and Ex-Offici Recorder Lx-�cificio Recorder
by _ yY\l—
•• r T - - ORDINANCEAO- 3374 -
A N - O R 0 LN A N -C E -
VACATING AND ARAN- STATE Of ARKANSAS
':OONING ;A . PORTION. ' OF;
'THE `:STREET- -RIGHT- as.
OF-WAY -.FOR" AZALEA. County Of Washington
;TERRACE. t1DJACENT;,.TO;
.✓= �
TOWNSHIP ROAD.AM. -
WHEREAS, the Board of I'
Directors has the authority hereby certify that I
'under Ark. Code Ann. Su- am the publisher of T E NORTHWEST ARKANSA IMES, a daily newspaper
54-1a Ogen ro vacate _por- having a second cla s mailing r
tions of streets which are not g g p Ivllege, and bein not less than tour pages of
,required for corporate'pur " five columns each, published at a fixed place of business and at a fixed (daily)
' poses; and : -,<;- -intervals continuously in the City of Fayetteville, County of Washington, Arkansas
WHEREAS; The Board of
Directors has determined for more than a period of twelve months, circulated and distributed from an
that the following described established place of business to subscribers and readers generally of all classes
portion of the street right-
away for Azalea Terrain the City y and County for a definite price for each copy, or a fixed price per
adjacent to Township Road annum, which price was fixed at what is considered the value of the publication,
' is a planed but unopened, based upon the news value and service value it contains, that at least fifty percent
street which is not required. Y
'forcorporare purposes. ' ;' of the subscribers thereto have paid cash for their subscriptions to the newspaper
NOW, THEREFORE, BE or its agents or through recognized news dealers over a period of at least six
IT ORDAINED BY THE
BOARD OF DIRECTORS months; and that the said newspaper publishes an average of more than forty
SOF THE CITY OF FAYET- percent news matter.
' TE V I LLE; ARKANSAS: zj
Section 1. That the City o6
: Fayetteville, Arkansas. I further certify that the legal notice hereto attached in the matter of
'hereby vacates and aban-
dons all of its rights together: �1^
with the rights of the public
generally, subject to the
reservation of a utility
easement in and to the fol- /
4mwing dexrlbed propertY was published in the regulardaily issueof said newspaper for
located In Washington Coun-
, , Arkansas: - •'+ consecutive Insertions as follows: ////� �; ®�
Apart of Brookside y st
of da (S[ ,-,
Subdivision in me Cary s The first insertion on the v
. Fayetteville, Arkansas, &. y of �L19
6 0 —
per plat of subdivision rtr.
corded In the office of the the second insertion on the da of 19
Circuit Clerk and Ex-Officio Y
Recorder and being ~@
,particularly describedas the third insertion on the day of 19
follows: Beginning at the
southeast corner of Lot 62 of
said subdivision; thence and the fourth insertion on the da-y9 1
Norm 89e 48 min. East 15.8'
;to a point of curvature; .
:thence along a curve with
the radius of 23.0' and a-
:tangentlength of a-a' bear-,
; Ing North and -. East a - worn to and subscribed before me o thisr- S Id of
distance of 513' to a.point.of
1 min. tethence North -Nora �T v SS
min. West 32.9' to ihe-Nor-. -�^^-t� 196 L . l
theast"corner of said Lot 62;.
menta Southwesterly along
me East IIna of Lot 62, said
line being a curve with a 50' No y Public
radius a distance of 69.7' to
the point of beginning.
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