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HomeMy WebLinkAboutOrdinance 1271 BOOK 555 598 ORDINANCE NO. /d /! FILED FOR RECORD AN ORDINANCE VACATING AN ALLEY RUNNING NORTH AND SOUTH BETWEEN EAGLE AND CLEVELAND STREETS IN BLOCK NUMBERED AIiff4f: IB �ftW1 ' ROSE HILL ADDITION TO THE CITY OF FAYETTEVILLE, Alt onto ARa COUNTY ARKANSAS LLOYD M� CONNELL WHEREAS , a petition was duly filed with the City Council of✓&ItONRf Fayetteville , Arkansa4 on the 20th day of March , 1961 , asking the City Council to vacate and abandon an alley running North and South between Eagle and Cleveland Streets in Block Numbered Thirteen ( 13 ) in Rose Hill Addition to the City of Fayetteville , Arkansas , and WHEREAS , after due notices 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 portion of the alley hereinabove described has heretofore been dedicated to the public use as an alley; has 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 portion of said alley 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 the abandonment of said 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 all its rights , together with the rights of the public generally, in and to the alley running North and South between Eagle and Cleveland Streets in Block Numbered Thirteen ( 13 ) in Rose Hill Addition to the City of Fayetteville , Arkansas , reserving unto said City of Fayetteville , Arkansas , its successors and assigns , an asement or right- of-way on, over , under and across the said alley hereby vacated MICROFILM[[ DATE oc7 9 REEL 78 Ordinance No . BtlQN CJC�5 599 Page Two for the purpose of constructing , installing , laying , and relaying , relocating and maintaining all public utilities now located, or which may hereafter be located, upon said vacated alley by said City or any corporation having a franchise or right- of-way from said City, without recourse by the owner , owners , or occupants for damages incurred by the construction or maintenance of said utilities . SECTION 2 . A copy of the60rdinance 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. SECTION 3 . This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED THIS day of 1961 . APPROVED: �f fAYFj�:•.. + ': �) ., � ,Tf '(• ' GUY E . BROWN, MAYOR ATTES71. 1 . 1 10 h GEORGE ZS, CITY CLERK CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I . GEORGE J , DAVIS , City Clerk within and for the City of Fayetteville , Arkansas , do hereby certify that the annexed and foregoing is a true and correct copy of the( e� Lot therein set forth , and the same is as it appears of Record in PROCEDURE OF CITY COUNCIL RECORD , Volumey at Page irl thereof , IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this day of . _ r r � ♦1..11 /� 1 go oj'•. : ¢ ph }° City (gleiKl CaUfttt,�r { CERTIFICATE OF RECORD ` STATE OF ARKANSAS Washington County r 55. I, Lloyd McConnell, Circuit Clerk and Ex-Officio Recorder for Washington County, do hereby certify that the annexed or fore• going instrument was filed for record in my office on the JCday of. . • . 19�olJat 9�o clock!9. M , and the same is .�. . t ' " duly recorded in . . . . , • „ recorci ..6SL4;� . . aaGt�pa e .r1QV Witness my hand and seal this �rl. day of . G 19i/ P4, ".ze . . . . . . . . . . . . . . . . . . Cireuit Clerk and Ex-Offico Recoder