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HomeMy WebLinkAboutOrdinance 1076 ORDINANCE NOa 1076 ' AN ORDINANCE VACATING A PORTION Or HOTL DRIVE AND A PORTION OF A THIRTY-FOOT PUBLIC ROAD AS SHOWN BY THI; PLAT OF H07Z ADDITION TO THE CITY OF FAYETTEVILLE . ARKANSAS , AND FOR OTHER PURPOSESa WHEMAS , a petition was duly filed with the City Council of the City of Fayetteville , Arkansas , on the 18th day of October, 1954, askinm the City Council to vacate and abandon all of that portion of Hotz Drive running West from the South west corner of Lot Fifteen (15 ) , (as shown on the plat of Ifotz Addition to the City of Fayetteville, Arkansas, recorded in Washington County plat book at page 285, and also shown on the Revised plat of Hotz Addition to the City of Fayetteville , Arkansas , recorded in Washington County plat book at page 291 ) to the West line of said addition. Said Hotz Drive is shown on the original plat of said Hotz Addition as a forty (40 ) foot street being South of Lots 15, 160 17 , and 18, and being North of a tract which, according to the original plat of Hotz Addition, was described by metes and bounds and was not divided into lots* On the revised plat of said Hotz Addition, said Hotz Drive as shown on the original plat ends at a pbint even with the West line of • Lot Fifteen (15 ) , (which lot is the same in both the original plat and the revised plat ) and' becomes a divided . street with the portion of it originally platted as running due Test from that p6int having been absorbed in some of , the lots shown on the revised plat of said addition ; and, together with that portion of the thirty (30) foot public road on the 'West .side •of Hotz Addition and running South from the South line of the intersection of said public road with the East,•."est public road running. along the South side of the tier of lots numbered one (1 ) to eight (8 ) , inclusive , all as shown on the original plat of said Hotz Addition, and, WHEREAS , after due notice as required by law, the City 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 the portions of the . streets hereinabove described have heretofore been dedicated to the public mse , as , streets and alive not been actually used by the public generally for a period of at, least five ( 5 ) years subsequent to the filing of the plat, that all of the owners of the property abutting on the por- MiCROFILMED DATE Qn z.— 1978 REEL l ORDINANCE NO . 1076 - 2 tions of said streets sought to be vacated have filed with the City Council their written consent to said abandonment; and that public interest and welfare will not be adversely affected by said abandonment of said streets . NOR , THEtEFORE , BF IT ORDAINED BY THE CITY CO'INCIL OF THE CITY OF FAYRTTEVT. LTr , ARKANSAS : Section 1 . The City of Fayetteville , Arkansas , hereby releases , vacates and abandons all its rights , together with the rights of the public generally, in and to that portion of Hotz Drive running West from the Southwest corner of Lot Fifteen (15 ) (as shown on the plat of Hotz Addition to the City of Fayetteville , Arkansas , recorded in Washington County plat book it page 285, and also shown on the revised plat of Hotz Addition to the City of Fayetteville , Arkansas, recorded in Washington County plat book at page 291 ) to the Wiest line of said addition. Said Hotz Drive is shown on the original plat of said Hotz Addition as a forty (40 ) foot street being South of Lots 15, 160 17 , 18 , and being North of a tract which, according to the original plat of Hotz Addition was described by metes and bounds and was not divided into lots on the revised plat of said Hotz Addition, said Hotz Drive , as shown on the original plat ends at a point even with the Viest line of Lot Fifteen (15 ) , (which lot is the same in both the original plat and the revised plat ) and becomes a divided street with the portion originally platted as running. due Viest from that point having been absorbed in some of the lots shown on the revised plat of said addition, as same is now platted in the office of the Circuit Clerk and Fx-Officio recorder for Wash- in,vton County, Arkansas . Section 2 . The City of Fayetteville , Arkansas , hereby releases , vacates and abandons all its right, together with the rights of the public generally in and to that portion of a thirty ( 30 ) foot public road on the Viest side of Hotz Addition and running South from the South line of the intersection of said public road with the East West public road running along the South side of the tier of Lots Numbered One (1 ) to eight (8 ) , inclusive , all as shown on the original plat of said Hotz Addition, as same is now platted in the office of the Circuit Clerk and Ex-Officio Recorder for OROINANCft N0, 1076 m 3 iashington County, Arkansas . Section 3 . A copy of this ordinance , duly certified by the City Clerk of the City of Fayetteville , Arkansas , shall be duly filed in the office of the Pecorder of the County, and recorded on the deed records of the County. Section 4. This ordinance shall be in effect from and after its passage . PASSED AND APPROVED VaS _�• OAY OF JANUARY, 19550 * ATTEST : ROY SCOTT, ONYU .W . UCCECHB?, City Clerk C E R T I F I C A T E This is to certify that the above and foregoing is a true and correct copy of Ordinance No . 1076 as it appears of record in book F , Proceedings of the Fayetteville City Council , at page 92 -' . ... JpV . McGEFIIEE , Uity Cleric i