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HomeMy WebLinkAboutOrdinance 3566 ORDINANCE NO . 3566 SFA AN ORDINANCE VACATING AND ABANDONING A P 9s 0 P 'E IUD OF THE STREET RIGHT-OF-WAY FOR WESTWMEJ WEST FROM CREST DRIVE . 0 WHEREAS , the Board of Directors has the authou r Ark . Code Ann . § 14-54 - 104 ( 1987 ) to vacate portions careets 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 Westwood Drive west from Crest Drive is a platted but unopened street which I s not required for corporate purposes . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVIT-1- 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 : Beginning at the Southeast Corner of Lot Numbered 1 in Re-plat of Lots 5 , 6 , of Crestwood Acres Addition to the City of Fayetteville , Washington County , Arkansas , thence W West 651 feet along the South boundary line of said Lots Numbered 1 , 20 31 4 to the Soutwest Corner of said Lot Numbered 4 ; thence South 50 feet to the Northwest Corner of Lot Numbered 8 in Re-plat of Lots 5 , 6 of Crestwood Acres Addition to the City of Fayetteville , Washington County , Arkansas ; thence East 651 feet along the North boundary line of said Lots Numbered 8 , 71 61 5 to the Northeast corner of said Lot Numbered 5 ; thence North 50 feet to the point of beginning . Section 2 . As a condition of the abandonment of said street right-of-way and 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 3 . 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 17th day of September , 1991 . ��b[PA431;,i6 43 APPROVED : gy : s/ Mayor sc s AVEyS�!' ,, : gAley" ; CiY} Cl J� EIBER1433P,.GE495 1, Alma Kol'mnyar, Circuit Ciork and &-officio C c- -"01 Cou;ry, aktn-t,, : . CERTTa CATS OF RECUFtD Ir z State of A,riIvWas City of &•'874teville SS I, Sherry °Phoma and Ex- Officio recorder for the lerk City of I. ro Fayetteville, do hereby certify the the ca! ar • " . .d annexed or foregoing is of record in my Cuur! p .. _ , ,• office and the Ordinance same appears at Aima ::• ., . page & Resolution book V J at Cncuu C. , ._.,d seal Witness my han aad '"'" �zc� day of Ex•offido Recoruar 19 9 by C Clerk an � Liz-ilfftcl:, Recorder • . ---OROIiVAa1C0.'3566se STATE of ARKANSAS l AN iORDINANCE VACAT- ING ANDA BANDONINGZ•A PORT1ON OF. �THE RIGHT-. I County of Washington OF-WAY. FOR WESDN.00D, DRNEnWEST FROM tCREST- DRME-t WHEREAS. The Board-or I, - hereby certify that I Directors: has rheeuihority am the publisher of THE NORTHWEST ARKANSAS TIMES, a dally newspaper under Ark. Code Ann. 14-54-104 11897) to' vacate having a second class mailing privilege, and being not less than four pages of portions of streets which five columns each, published at a fixed place of business and at a fixed (daily) are not required for, corHo rota Hs; and _ Intervals continuously In the City of Fayetteville. County of Washington, Arkansas ' : WHEREAS, the ecam of for more than a period of twelve months, circulated and distributed from an Directors hes. determined established place of business to subscribers and readers generally of all classes that the following described portion of the street right- in the City and County for a definite price for each copy, or a fixed price per of-way for Westwood Drive - annum, which price was fixed at what Is considered the value of the publication, west from Creatis a based u n the news value and service value it contains, that at least fifty percent which Is not required for of the subscribers thereto have paid cash for their subscriptions to the newspaper corporate Purposes. Ior Its agents or through recognized news dealers over a period of at least six IT ORDAINED' BY THE months; and that the said newspaper publishes an average of more than forty BOARD DIRECTORS OF percent news matter. THE . CITY OF FAYETTE- VILLE, ARKANSAS: Section 1 . That the City I further certify that the legal notice hereto attached in the matter of of Fayetteville, Arkansas hereby vacates and aban- dons all its right together withh s the rights iof s the public generally, subject to the reservation of a will. ity easement in and to the was published In theregulardaily issueof said newspaper for following described property consecutive insertions as follows: located in Washington , County, Arkansas: / Beginning at the South= The first insertion on the day of 19 L east Corner of Lot Num- bered 1 in Re-plat of lots 5. 6. of Crestwood Acres Ad- the second insertion on the day of 19 clition to the City of Fayet- teville, Washington County, ( Arkansas; thence West 651 the third Insertion on the day of 19 feet along the South bound- ary line or said Lata Num- , and the fourth insertion on the day of 19 . 4 to the beretl 1 , 2. 3 Southwest Corner of said Lot Numbered 4; thence South 50 feet to the North- ' west .Comer of Lot 'Num- bored B in Re-plat of, lots S. Sworn to and subscribed before a on this day of '6 of Crestwood Acree Addi- villt0 Illy City-Washington County (�C _I9Gy villa otheCityo Cqunty, _I --- ) Arkansas; thence .'East '651 feat along the North.bound- ary line of said Lots ;Num- – �bered 6.. 7, 6, 5 - tO theO ary Public Northeast comer of aidLot ' Numbered 5; thence North - 50 feet to the point' of My Commission Expires: beginning. SeeT. As a condi- ' tion off h tee abandonment Of the street right-of-way and the City shill from held fray send-t h any clai from liability ' as'Tb any Property of the,con- tiguous Property owners for damages to the preporty Fees for Printing 5 described herein, ';which , damage may result' from the City, or other . utility Cost of Proof —. S compi compannes removing, and ^ �D relocating public utility lines located in or upon .said vac. 'rota) S ated street right- f--X(ay. Section 3. A copy Of this Ordinance duly certified by the City Clerk arfir be filed in the office ole'the Recor- der of the County and re- corded in the Dead Records of the County. , PASSED AND AP- PROVED this 17TH day of R E tG t IV LU j September, 1991 . APPROVED: BY: FRED S. VORSANGER Mayor NOV 0 4 1991 BY:SHERRATTEST: ' City Clark Y, L. THOMAS - - -- - - FINANCE DEPT.