HomeMy WebLinkAboutOrdinance 1236 ORDINANCE NO . 1236 535 207
AN ORDINANCE VACATING AND ABANDONING, ALL THAT PORTION OF AN ALLEY
RUNNING NORTH AND SOUTH BETWEEN NINTH STREET AND ELEVENTH STREET
WITHIN BLOCK SEVENTEEN OF FERGUSON ' S ADDITION TO THE CIT_ Y OF
FAYETTEVILLE, ARKANSAS .
WHEREAS , a petition was duly filed with the City Council of the City of Fayetteville ,
Arkansas , on the Z6th day of March , 1960 , asking the City Council to vacate and
abandon all that portion of the alley designated on the plat of Block Seventeen ( 17 ) of .
Ferguson ' s Addition to said City , now appearing of record in the Photostat ,Plat Book ,
page 203 , in the office of the Circuit Clerk of Washington County, beginning _at Ninth
Street and running to Eleventh Street , bounded on the East by Lots. . One ( 1 ) through
Twelve ( 12 ) inclusive , and bounded on the West by Lots Thirteen ( 13 ) through Twenty-
four ( 24) inclusive ; and
WHEREAS , after due notices 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 the alley or the portion thereof, hereinbefore described, has
heretofore been dedicated to the public use' as an alley herein described; has not been
actually used by the public generally fora period of at least five ( 5 ) years subsequent
to the filing of the plat ; that all the owners of the property abutting upon the portion of
the alley to be vacated have filed with the Council their written consent to such
abandonment ; and that public interest and welfare will not be adversely affected by the
, .abandonment of such alley , z n
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCI96F THE CIt.Yj OF
FAYETTEVILLE , ARKANSAS : ? no
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SECTION 1 . The City of Fayetteville , Arkansas , hereby releas , vacWies andi o '
abandons all its rights , together with' ihe rights of the public generallWy , in4nd to the o '
alley designated as follows : - c
A twelve ( 12) foot alley running North - and South from Ninth to Eleventh Street ,
bounded on the East, by Lots One ( 1 ) through Twelve ( 12 ) inclusive , and bounded on the
West by Lots Thirteen ( 13 ) through Twenty- four ( 24) inclusive in Block Seventeen ( 17 ) of
Ferguson Addition to the City of Fayetteville , Arkansas , and as recorded in the Photostat
Plat Book, Page 203 ; in the office of the Circuit Clerk of Washington County , Arkansas .
Provided, however , after said alley is abandoned and vacated by the City of
Fayetteville , Arkansas , any presently existing facilities within the alley belonging to
any owned by any public utility may be removed by such public utility before any building
or structure is built over that portion of land which had been the alley .
SECTION 2 . A copy of this ordinance' duly certified by the City Clerk shall be filed
in the office of the Circuit Clerk ofthe ' County and recorded in the deed records of
the County .
SECTION 3 . This ordinance shall take effect and be in force from and after .its
passage and approval .
PASSED AND APPROVED THIS 11th day of April , 1960 . MICROFILMED
DATE_p 9 1978
APPROVED : " ' REEL
GUY BR WN; MAYOR
T TEST :
GEORG J. MAVIS , CITY
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CERTIFICATE O
$TATE OF ARKANSAS L ss. - j ; ;
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do hereby n my office on the .
washin8lon County, and the same is
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duly recorded in . seal this� I
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