HomeMy WebLinkAboutOrdinance 1038 9001K 447 PAGE 360 '
ORDINANCE N0 . 1038
AN ORDINANCE TO PROTIDE FOR ABANDONING AND VACATING THE ALLEY EXTENDING NORTH FROM
HAZEL STREET TO HOLLY STREET IN BLOCK TWO OF THE COMECTED PLAT OF SOUTH 680 FEET,
COLLEGE ADDITION TO THE CITY OF FAYETTEVILIE , ARKANSAS
WHEREAS , a petition was fuly filed with the City Council of the City of Fayetteville ,
Arkansas , on the 28th day of October , 1952 , asking the City Council to vacate and ab-
andon all that portion of a bventy ( 20 ) foot alley running north frcm Hazel Street to
Holly Street in Block Two ( 2 ) of the Corrected Plat � ' of south 680 feet , •College Addi-
tion to Fayetteville , Arkansas , as designated on the plat of said petition now appear—
ing of record in the Plat Book at Page 218 thereof , in the office of the Circuit Clerk
and Ex-Officio Recorder for Washington County, Arkansas , and
WHEREAS , after due notices as required by law the Council has , at the time and place
mentioned in the notice , heard all persons desirin,,- to be heard on the question and
has asdertained that said alley has heretofore been dedicated to the public use as an
alley herein described ; has not been actually used by the public generally for a per-
iod of at least (5 ) years subsequent to the filing of the plat; that all of the owners
of the property 'abutting upon. the alley sought to be vacated have filed with the Council '
their written ' c_onsent 'to such abandonment ; and that the public interest and welfare will
not be adversely affected by ' the abandonment of such alley .
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ) ARKANSAS :
Section 1 . The City of Fayetteville , Arkansas , hereby releases , vacates , and abandons
a isiights , together with the rights of the public generally, in and to the alley
designated as follows :
at
a All that portion of a twenty ( 20 ) foot alley running north
Z. � from Hazel Street to Holly Street in Block Two ( 2 ) of the
� . car rected plat of South 680 feet , College Addition to the
o`
, c p _ City of Fayetteville , Arkansas , as designated on the plat
-,
"- of said addition now appearing of record in the Plat Book
p tr,n J:dt page 218 thereof in the office of the Circuit Clerk and
O£ficiooRecorder for Washington County, Arkansas .
Reservingsuunto the said City an easement over and across the above described alleyway
for construction and maintenance of public utility lines , it being understood that the
city shall have the right and privilege to tunnel under any structures built over and
across said alleyway for such purposes without liability in damages to the abutting
property owners .
Section 2 . A copy of ' the orainance duly certified by the City clerk shall be filed
in o3iice of the Recorder of the county and recorded in the deed records of the
county ,
Section 3 • This ordinanoe shall take effect and be in force and effect frau and after
i s"� passage . •
Passed and approved this 2 day of November , 1952
Attest0-71Powell hes, M or
MICROFILMED
go W. McGehee , City C7ee r DATE OCT 6 1979
REEL=
This is to certify that this is a true and . correct copy of Ordinance No. 1038 as it
appears on Page 469, Book E of the proceedings of the City Council .
— /dov9l mcue ee , City Clerk