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HomeMy WebLinkAboutOrdinance 1054 �IIUh V14 r,�(ih )_C� d Y r ORDINANCF N0. inz,4c AN ORDINANCE TO PROVIDE FOR ABANDONING AND VACATING A FIFTEEN ( 18 ) TOOT ALLEY RUNNING NORTH FROM MAPLF STREET TO AN UN-NAKED FORTY (40 ) FOOT ROAD (NOR RNONN AS F,ITHER RENT DOUGLAS STREET OR CARDRELL LA". ) . AS DESIGNATED ON TRE REVISED PIAT OF OLIVERADDITION TO TAE CITY OF FAYFTTEVILLE, A .�TANSAS . KHYREAS , a petition was duly filed with the City Council of the City of Fayette- ville, Arkansas, an the 18th day of May, 1955, asking the City Council to vacate and abandon a fifteen ( 15 ) foot alley run^_ing north from Maple Street to an un- named forty (40 ) foot road (now known as either West Douglas Street or Cardwell Lone ) , as designated on the revised plat of Oliver Addition to the City of Fayetteville . Arkansas , now appearing of record in Plat Book at page 230 thereof in the office of the Circuit Clerk and Ex-Offioio Recorder for Washington County, Arkansas , and olff.RF.AS , after due notions as required by law. the Council has , at the time and place mentioned in the notice , heard all persons desiring to be heard on the question and has ascertained that said alley has heretofore been dedicated to the public use as an alley herein describedi has not been actually used by the pub- lio generally for a period of at least five (8 ) 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 consent to such abandon- mentj and that the public interest and we fare will not be adversely affected by the abandonment of such alley. NOR, TREREFORF, BF IT ORDAINED BY THE CITY COUNCIL OF THE CITY Cr FtYSTTEVILIr. RK" NSAS s Section 1 . The City of Fayetteville, Arkansas , hereby releases, vaostes , end Ma Mons all its rights , together with the rights of the public generally, in and to the alley designated as follows A fifteen ( lb ) foot alley running north from Maple Street to on un-named forty (40) foot road (now known as either vest Douglas Street or Cardwell Lane ) , so designated on the revised plat of Oliver Addition to the City of Fayetteville, Arkansas, now appear- ing of record in Plat Book at page 230 thereof in the office of the Circuit Clerk and gx-Officio Recorder for ' ashington County, Arkansas . Reserving unto the said City an easement over, across , in and to the above described alleyway for construction and maintenance of public utility lines , it being under- stood that the city shall have the right and privilege to tunnel under any struc- tures built over and across said alleyway for such purposes without liability in damages to the abutting property owners . Section 2 . A copy of the ordinance duly certified by the City Clerk shall be •r n e office or the Recorder of the Cotmty, and recorded in the deed records of the County. Section S . This ordinance shall take effect and be in force and effect from and after r its passage . Passed and approved this day of Attests POWF..L1 H. RHEA , Wkyor . W. MaGEREEO City Clerk This is to certify that the above is a true and correct copy oi ° prdinance enumber 1054 as ' it appears of record in Book "F" , Proceedings of City Council . Page Number 19e F`'1 `- (; y Clerk of Fayettevill .a $ Arkansas . CERTIFICATE OF RECORD STATE OF ARKANSAS SS. COUNTY OF WASHINGTON I, W. S. Bronson, Circuit Clerk and Ex- Officio Recorder for the County aforesaid, do hereby certify that the annexed and foregoing instrument of writing was filed for record in my i office onDDthe--------------------- -----------------day of------ ------A. D., 195 3_., at_ k)O'clock_I___M__., and the same is now duly recorded with the acknowledgments and certificates thereon in Record Book__S4µ----Page----1_2_'___. IN WITN/ESS WHEREOF, I ha a hereunto set my hand and affixed the seal of said court, this - . .. -- day of - -------- - - 1,9 .513 c t CI an Eer / ,��