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Home My WebLink AboutOrdinance 3502 � r FILED FOR RECORD 090 SEP 5 FM 1 17 ORDINANCE N0 , 19;n? WASHINNIIG��IuM GO AR AN ORDINANCE VACATING AND ABANXNGu � :AV �' �� UNOPENED PORTION OF CLEBURNE AVENUE BETWEEN PARK AVENUE AND HIGHLAND AVENUE . WHEREAS , the Board of Directors under A . C . A . § 14 - 54 - 104 has the authority to vacate and abandon platted but unopened street which are not required for corporate purposes ; and WHEREAS , the Board of Directors has determined that the platted , unopened portion of Cleburne Avenue between Park Avenue and Highland Avenue is not required for corporate purposes . NOW THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . The Board of Directors . hereby vacates and abandons subject to the reservation of a utility easement as hereinafter provided , an unopened portion of Cleburne Avenue between Park Avenue and Highland Avenue as more fully set forth in Exhibit A attached hereto and made a part hereof . Section 2 . Abandonment of the above described street right - of -way is conditioned upon reservation of the following described and existing utility easement for the use and benefit of ( a ) utility companies providing the public with natural gas , electricity , and telephone service , ( b ) the City of Fayetteville Water and Sewer Department , and ( c ) cable television companies providing the public with cable television service as more fully set forth in Exhibit B attached hereto and made a part hereof . Section 3 . A copy of this ordinance duly certified by the City Clerk shall be in the office of the recorder of the county and recorded in the deed records of the county . PASSED AND APPROVED this 21st day of august 1990 . APPROVED : By : Mayor AT,�EST : G F �Y ;`Clty 'C • erk �} �� '•, LIB[R 1383MGE 183 , r EXHIBIT A Legal Description Beginning at the Southeast corner of Lot numbered Six ( 6 ) in Block Numbered Six ( 6 ) of A . L . Trent ' s Revised Plat of City Park Addition to the City of Fayetteville , Washington County , Arkansas a per plat of said Addition recorded in the office of the Circuit Clerk and Ex - officio Recorder of Washington County , Arkansas ; thence West 170 feet along the South boundary line of said Lot Numbered 6 to the Southwest corner of said Lot Numbered 6 ; thence South 35 feet to the Northwest corner of Lot -Numbered 14 in Block Numbered 5 in A . L . Trent ' s Revised Plat of City Park Addition to the City of Fayetteville , Washington County , Arkansas ; thence East 110 feet to the Northeast corner of said Lot Numbered 14 ; thence North 35 feet to the point of beginning . LIBER 1383PAGE184 EXHIBIT B Legai Description Beginning at the Northeast corner of Lot Numbered 14 in Block Number 5 in A . L . Trent ' s Revised Plat of City Park Addition to the City of Fayetteville , Washington County , Arkansas as per plat of said Addition recorded in the office of the Circuit Clerk and Ex- officio Recorder of Washington County , Arkansas ; thence North 20 feet ; thence West 170 feet ; thence South 20 feet to the Northwest Corner of said Lot 14 ; thence East to the point of beginning . Olt LIB(R 1383P4Gc185 '.KATE OF RECORD .�,7ettev�le Tba k City C erk and Ez- o recorder for the City of : :vlllet 7 certify that t_fe la of record in .•e9 :e and the same appears :n Q:iintooe & Resolution boots Lc ✓ t. e Seal �s�ST— day of m l , 1 ty Clert d t , 1, Almo Kcflmsysr, Circuit Cfetk wd &•e!:idoCxade ,r %VcshingtonCouMy, , Iut this in• tt:emc -it t:•as f. : a: mco:d in my office as inc'ic-ted ia.-:: ,a „^J h; �^_me is now duly scar Jed lc :'r trio uckr avl^ogement and coC':c^la Lr 'con in Record Book and Pace as InGc of Ihomon. hl kr1Tffi5 W; :ZRZCP, I have hereunto Wt my hand and affixed the seal of said Court on the date indicated hereon. Alma Kollmeyer Circuit Clark and Ex-officio Recorder by ORDINANCE NO.. 3502 RAn Ordinance Vacating, L y and Abandoning an Un- opened Portion of Cleburne OCr � Z � Avenue between Park Avenue l• I" land Highland Avenue. Whereas, the Board, of Di. rectors under A . C .A. § FINANCE14-54-104 has the authority to STATE OF ARKANSAS �EPTV vacate and obandon platted COUNTY OF WASHINGTON ss. but unopened street which are not required for corporate ' Purposes. and Whereas, the Board of Di. I do solemnlythat I general rectors has determined that ' swear am $ ,the plotted, unopened portion manager and/or editor of THE MORNING of Cleburne Avenue between' 'Park Avenue and Highland Av-' NEWS, a daily newspaper published in said eine is not required for, ancorpo- count d that I was general manager and/or rate purposes. y $ $ Now Therefore, Be It Or- editor on the dates of publication hereinafter doined by the Board of Direc ' ton of the City of Fayetteville; stated, and that said newspaper has bona fide Arkansas: circulation in said county on said dates, and Section I . The Board of DI- rectors hereby vacates and had been regularly published in said county for abandons, subject to the re- servation Of a utility easement a period of one month next before the date of as hereinafter provided, an iunopened portlonof Cleburne publication of advertisement hereto annexed, IAvanue between Park Avenue and that said advertisement was published in a nd Highland Avenue as more ( fully set forth in Exhibit A at. said newspaper —I— times for LL. weeks t=6 hed hereto and made a part hereof. colsecutively, the first insertl0 therein hav- . Legal Description: Begin- ning at the Southeast corner of in ben ,m�addey on the � day of . Lot numbered Six (6) In Block ��, 19. and the last on the Numbered Six (6) of A.L. Trent's Revised Plot of City Park Addi. day of , 19^ tion to the City of Fayetteville. Washington County. Arkansas a per plat of said Addition recorded in the office of the Circuit Clerk and Ex-officio Re- corder of Washington County, Arkansas; thence West 170 Authorized Signature feet along the South boundary line of said Lot Numbered 6 to S the Southwest comer of said Sub ribed and swom before me this da Lot Numbered 6: thence South p � y 35 feet to the Northwest corner of 19tn of Lot Numbered 14 In Block Numbered 5 In A.L. Trent's Re- Wed Plot Of City Park Addition to the City of Fayetteville, ary Public. Washington Eat7f toe Northeast comer of sold Lot Numbered 14: thence North 35 My commission expires �� #h° point of begir�^ 19g� ' I Cost of publication: $ 1 CJ Section 2. Abandonment of the above described street right-of-way is conditioned upon reservation of the follow- ing described and existing utiL ity easement for the use and benefit of (a) utility companies providing the public with no- turol gas, electricity, and tele- phone service, (b) the City of Fayetteville Water and Sewer Department, and (c) cable television companies provid- ing the public with cable tele- vision service as more fully set forth In Exhibit B attached hereto and made a port hereof, Legal Description: Begin- ning at the Northeast corner of Lot Numbered 14 in Block Number 5 In A.L. Trent's Re- vised Plat of City Park Addition to the City of Fayetteville. Washington County, Arkansas as per Piot of said Addition recorded In the office of the Circuit Clerk and Ex-officio Re- corder of Washington County. Arkansas; thence North 20 feet; thence West 170 feet: thence South 20 feet to the Northwest comer of sold Lot 14; thence East to the point of beginning. Section 3: A copy of this ordinance duty certified by the City Clerk shall be in the office of the recorder of the county and recorded In the deed re- cords of the county. Passed and Approved this 21st day of August, 1990. Approved: By WHOM W. Martin Attest: Mayor By Sherry L. Thomas, City Clerk Wit. 11