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HomeMy WebLinkAboutOrdinance 3383 I-' LED FOR RECORD • ' ^ 1 ' '�� NOU Pn WASNINC7N 0CO � 7 AR A. KOLLMEyE ORDINANCE NO . 3383 R AN C OF ARDINANCE EAST-WESTCATING ALLEY ALOCATEDABANDONING BETWEEN LIIGHTON MICRQF � TRAIL AND RODGERS AVENUE IN THE RODGERS PLACE ADDITION . 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 an east -west alley between Lighton Trail and Rodgers Avenue in the Rodgers Place Addition 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 : " All of Lots Numbered Thirteen ( 13 ) and Fourteen ( 14 ) in B1ock 'Numbered Two ( 2 ) and all of Lots Numbered Thirteen ( 13 ) and Fourteen ( 14 ) in Block Numbered Three ( 3 ) of Rodgers ' Place , on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County , Arkansas , also being a part of the Northwest Quarter ( NW 1 / 4 ) of the Southeast Quarter ( SE 1 / 4 ) of Section Fifteen ( 15 ) , Township Sixteen ( 16 ) North , Range Thirty ( 30 ) West of the Fifth Principal Meridian , Washington County , Arkansas . " Section 4 . As a condition of the abandonment 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 4th day of October 1988 , APPROVED BY dA1�J aFAyET! Ma or P . r i !r n P �yR "j C • • y lerk r�ror t � ' 1, Alma Kollmoyer, Circuit Clerk and Ex-officio Recorder for Wpthirgtor. County. CERTIFICATE OF RECORD 'Arkansas, do hereby certify that Xs in- State of Arkansas SS strumeni was bled for record in my office City of Fayetteville as indicated hymn and !,he scm^ is now 1, Suzanne C. McWethy, City Clerk and duly recorded with the ack:: ab-dgtMont Ex-Officio recorder for the City of Fayetteville, and cerhficzta trc, .,on a :..cord !look and thereon. do hereby certify that the annexed or fore- Pogo as indicated OF, I have hereunto A7 is of record in my office and the same ap- IN WITNESS thCrLo Set my hand and affixed the seal of said pears din Ordinance & Resolution book Court on the date indicated hereon. 1S.Xrat page .Yoh Witness my Alma Kollmeyer hand and seal this day of Circuit Clerk and 1 19 Ex-officio Record l y C(c c and Ex-Officio Rec der er ro y , v STATE of ARKANSAS 1 J} sa. County of Washington - ORDINANCE NO. ]7&t - I ! "' ` ��o_�C„t,L„(_ hereby certify that I A N ORDINANCE VACATING AND ABAN- am the publisher of TjIE NORTHWEST ARKA AS TIM ES, a daily newspaper DONING A PORTION OF A having a second class mailing privilege, and being not less than four pages of EAST-WEST ALLEY LO- CATED O- P g C A T E D BETWEEN five columns each, published at a fixed place of business and at a fixed (daily) :, LIGHTON TRAIL AND intervals continuously in the City of Fayetteville, County of Washington, Arkansas RODGERS - AVENUEIN for more than aP eriod of twelve months, circulated and distributed from an ;THE , RODGERS PLACE, established place of business to subscribers and readers generally of all classes WHEREAS, the Board of in the Cit and Count for a definite rice for each Directors has the Boardauthority Y Y P copy, or a fixed price per under Ark. code Ann. S14- annum, which price was fixed at what is considered the value of the publication. 54.104 vacate portions of based upon the news valueand service value It contains, that at least fifty percent streets and alleys which are trot required for corporatef of the subscribers thereto have paid cash for their subscriptions to the newspaper purposes; dna 4 d or Its agents or through recognized news dealers over a period of at least six I WHEREAS, the terms of months; and that the said newspaper ublishes an average of more than forty DirectorsHERhas determined ofP g that the following described percent news matter. portion of an east-west alley •between Llghton Trail and Rodgers Avenue In the I further certify that the legal notice hereto attached in the matter of Rodgers Place Addition Is not required for corporate ; puOsTHEREFORE, NOW, BE I ill ',//n/n/ rt QAC.•! (�� l�U' / ✓ /D • �J L) J <- ORDAINED BY THE B ! BOARD OF DIRECTORS ! / OF THE CITY OF FAYET- was published in the regular daily Issue of said newspaper for TEVILLE, ARKANSAS: Section 1. That The City of COnSeCUI1Ve InSerLIOBS as f0110W5: Fayetteville, Arkansas hereby vacates and abam j The first Insertion on the /L u�• da of �% did dons an of Its rights fogefher Y 19 0_ with the rights of The publlc generally, In and tc the fol- the second insertion on the da of 19 lowing described alley: Y "All of Lots Numbered j Thirteen (19) and Fourteen the third Insertion on the day of 19 (14) in Block Number” Two (R) and all of Lots Numbered _ Thirteen (13) and Fourteen and the fourth insertion on the day pf_ 19, (14) to Block Numbered Three (0) of Rodgers of the on file In one office of the i Circuit Clerk and Ex-Officlo 1 Recorder of Washington /0 C County;' Arkansas, also be- . Sworn to and subscribed before me on//thts CYI. day of Ing a part of the Northwest / Ouarrer ( NW34) of the r CQ Southeast Quarter (SEI/) of 9 I Section Fifteen ( 15 ) , Township Sixteen ( 16) North, Range Thirty (70) West of the Fifth Principal , dry Public • .' . • ' Meridian, Washington Coun- ( , ty, Arkansas." Section A. Aseconditlon of " My Commission Expires: the abandonment of said alley, the City shall be ee held. frand harmless from lia- bility as to any claims of the contiguous property owners for damages to the property ' described herein, which damage may result from the O City Installing, maintaining, removing, or relocating Fees for Printing _ S r public utility lines located in or upon said vacated alley. PASSED AND APPROV- Cost of Proof _ s ED this 4th day of October, ' L _ 19aa. APPROVED Total _. S By: Marilyn Johnson I Mayor ) ATTEST .. By Suzanne C. Mc Wethy City Clerk Seal INOV 16M