Loading...
HomeMy WebLinkAboutOrdinance 1375 wa( '607 maFILED FOR RECOR ORDINANCE NO * 3/ 7� 1963 NOV 14 AN 9: WASHINGTON COUNTY, A AN ORDINANCE VACATING A PORTION OF AN ALLEY LOCATED IN THE A LLOYD bRCUr Ct CLLERKERK TRENT SUBDIVISION OF THE OAK GROVE ADDITION TO THE CITY OF FAYETTE- VILLE , ARKANSAS , WHEREAS , a petition was duly filed with the City Council of the City of Fayetteville , Arkansas , asking the City Council to vacate and abandon that portion of an alley located in the A . L . Trent Subdivision of the Oak Grove Addition to the City of Fayetteville , Arkansas , and more particularly described as follows : Beginning on Davidson Street , at the Southwest corner of Lot ( 5 ) in block ( 3 ) and running thence in a Northeasterly direction along the West Line ;,,k of Lot ( 5 ) ( 70) feet , more or less , to the Southwest corner of Lot . . ,r. (4 ) in block ( 3 ) ; thence West ( 12 ) feet ; thence in a Southwesterly direction along the East line of Lot ( 3 ) in block ( 3 ) ( 70 ) feet , more or less , to the Southeast corner of said lot ( 3 ) in block ( 3 ) ; thence East ( 12 ) feet to the point of beginning . 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 portion of the alley hereinabove described has heretofore been de- dicated 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 sub- sequent 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 aban- donment ; and that public interest and welfare will not be adversely affected by the abandonment . 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 all that portion of an alley locat- ed in the A . L . Trent Subdivision of the Oak Grove Addition to the City of Fayetteville , Arkansas , more particularly described as follows : Beginning on Davidson Street , at the Southwest corner of Lot ( 5) in block ( 3 ) and running thence in a Northeasterly direction M R�iC�V�7 q� 1918 OCT REEL ' DU PA6E1qu - I Ordinance No . /C 76 along the West line of Lot ( 5 ) ( 70) feet , more or less , to the Southwest corner of Lot (4) in block ( 3 ) ; thence West ( 12 ) feet ; thence in a Southwesterly direction along the East line of lot ( 3 ) in block ( 3 ) ( 70 ) feet , more or less , to the Southeast corner of said lot ( 3 ) in block ( 3 ) ; thence East ( 12 ) feet to the point of beginning ; reservinglunto said City of Fayetteville , Arkansas , its successors and assigns an easement or right-of-way on , over , under , and across the portion of said alley hereby vacated for the purpose of constructing , installing , laying and relaying , re - locating , 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 , and further that the owners agree that they will re- frain from altering or changing the grade of the alley so vacated which would cause damage to utility lines located in the alley . SECTION 2 . A copy of the Ordinance , 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 , approval , and publication . PASSED AND APPROVED this 11th day of November , 1963 . APPROVED : _- /.k GUY E . ROWNj MAYOR AYOR ATTEST : GEORGE Y. 6XVIS , CITY CLERK • Y � I pp YOOK 607 PAGEW 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 thtj440 S4 V C7 therein set forth , and the same is as it appears of Record in PROCEDURE OF CITY COUNCIL RECORD , Volume S at Pagepgl�6 /' thereof* IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this Z.�.Aay of /)O � , 19 �*3. t Cit5 Y CEn f [ FICATE Or RECO RD Q, . . ctATE OF. ARKANSAS t es ' . . - .. ` - • Washington County S n f,:Ucyd McConnell,;Circmt.Clerk and Ex-Officio. Recorder for M Washington County, do hereby certify that the annexed of foorte-" ! \. goin i trume�n� ,t wI�a� s, filed for record in my office on theo7. tl'.y r - eL4W 1"z }l,Q'ciockAM; and the same is �/ of , duly recorded in . .�SGF�f•!,• • • • •�• raefcord;R07`•'• .aat/p'ag/e ..fP 'Witness my hand and seal thiY.7..lay of�1 T • 19 �^3 XCircuit •Olerk and Ex-Offico Recoder 44 + • r ORDINANCE NO. 1375 AN ORDINANCE VACATING A PORTION OF AN ALLEY LO- CATED IN THE A. L. TRENT SUB- STATE of ARKANSAS DIWSION OF THE OAK GROVE ADDITION TO THE CITY OF 55. County of WashingtonFAYETTEVILLE, ARKANSAS. WHEREAS, a petition was duly filed with the City Council of the n �� City of Fayetteville, Arkansas, ask- 1 ung the City Council to vacate and hereby certify that I I, �/ 4..______n.______ abandon that portion of an alley ----- —" l' (f�{-•S- -'- -'-- - �(V ---- Y located .m the A. L. Trent Subdi. am the ( Cenci�•it( M�nager) of I-IE NORTHWEST ARKANSAS TIMES, vision of the Oak' Grove Addition to the City of, Fayetteville, Ar• a daily newsp, per having a second class mailing privilege, and being not kansas. and more particularly de- less than four scribed as follows: Beginning on Pages of five columns each, published at a fixed place of Davidson Street'.at the Southwest business and at a fixed (daily) intervals continuously in the City of corner of Lot (s) in block (3) and running thence In a Northeasterly Fayetteville, County of Washington, Arkansas for more than a period direction. along the West Line of of twelve months, circulated and distributed from an established place of Lot (5) (70) feet, more or less, to the Southwest corker of Lot (4) business to subscribers and readers generally of all classes in the City In block (a); : thence-Westt(12);feet; & County for a definite price for each copy, or a fixed price per annum, thence in a Southwesterly direction along the East Line of Lot (3) in which price was fixed at what is considered the value of the publication, block o (3) (70) feet, more or less, to based upon the news value and service value it contains, that at least fifty the Southeast corner of said lot (to P lY in block (3); thence East (12) feet percent of the subscribers thereto have paid cash for their subscriptions to the point of beginning. WHEREAS, after due notice as to the newspaper or its agents or through recognized news dealers over a required by law, the City Council cried of at least six months ; and that the said newspaper has. at the time and place men- P erublishers an P P p tloned In the hotice, heard all per. average of more than forty percent news matter. sons desiring to, be •beard ion the question and has ascertained that I further certify that the legal notice hereto attached in the matter of the portion of the. - alley , herein- above described -has heretofore been ddeedicated to the public nae as an dlley: has not` been actually used by the public generally for y�,(( yl.(,U e yyeriod 'of, at least-five-(5) years _________.____ ________�_____._ __ - subsequ4nt to the filing of-the plat; that all of the owner's of,the-prop- erty abutting on the portion of said was published In the regular dally Issue of said newspaper for---- -________ alley, sought to be vacated have .cpn6ggfltiys. insertion,* as follows : filed •with the City Council their written consent to said ,abandon- ment:, and that public interest.and d_•r h �, welfare will, not beladveisely af- The first insertion on the ___. .1_ __________ day of __�`L{i-cndi� 19=� faded by the abandonment.6 .NOW. THEREFORE. BE IT. OR- DAINED BY THE CITY COUNCIL the second insertion on the ---------------_----------------- day of --------------_______ OF THE CITY OF; FAY ETTEVILLE, ARKANSAS: ' ' SECTION 1. Therei ; Cfty of Fayette- the this'd insertion on the ---------------------_---------- day of ---------------------- villa, Arkansas,, ', hereby relights, vacates, and abandons all its together with the rights off the the and the fourth insertion on the _-__....__.__._____ day o ___ _ _ _ > 9_ -__.. pic. Qene in and tall that Ill portion an alley of an alley locateo d the / c A. L. Trent Subdivision of the Oak Grove Addition the City of Fay- etteville. e, Arkansasa s. more Pattie- ___.___._.i____ _ _____________ —-----------_---—______ ularly described as follows: Be- ginning on Davidson Street, at the Southwest corner of Lot (5) in block (3) and running thence in a Sworn to and subscribed before me on this ---- day of ______.___. Northeasterly direction along the West line of Lot (5) (70) feet, more or less,- to the Southwest corner of - Let (4) in block (3); thence West ��=_�4=__ate-���_E-C--/________ 19_.__�. --- (12) feet, thence in a Southwesterly ` direction along' the East line ]o ($)°.In block (3) (70) feet, morere or ]qss, to the Southeast corner of said lot (fe in block poin thence Notary Public East (12) feet to-. flue point of City of-'Ya a reserving unto said City ce;Fayetteville, A an ea, Its t or censors and assigns - r, easement w right-of-way 6n, over, under, and My Commission Expires : across the portion of said alley / hereby vacated for the purpose of � j 1 �' k-i constructing, installing, laying and Ing alng,l p relocating, and w located all public hereafter now located or which may vacated.-alley be located upon' r. a vscy�tte ratieny by - shaving a I d . city or, any lghtof-waSg having a Fees for Printing ...... $_._ city. , ithse? or rreeou&way-from said city, without r occupants by the own- er, owners, or occupants for dam- I Cost of Proof ages incurred by the id utilities, ^ / aY, maintenance Th paid utilities, ] and urtbeY w that tqm Irpm a ening Total _______ diet hey wilth%grI\Lfrpm -altering or hanging th grade ofAhe"alley dam- ao rviArut �sv(riS� Would cause dam- agerto,funijty.lllnEs'Flacetea ,'In 'dhe. .. AB diC(T.V�.Oa fljCj�1`F"iIs�IChdp.,yo1{'...Ithe dr - it kce;•duly, cerfeRbyand City Cie ,,,sor' lee•the, office of.' toi,ecpr�or bf:'th ��++oounty,..and, recorded fn"the`';Dee�- itecords of the, ccoullkY,. Y' L,%, . r. . .l SEbTION 3. This Qrditt77atirce 'shauj take ' efSect Qnd,' 3re in' force fi�bial and after Its'pasy$ge,Pi approvaland p4bllcatlon. - , ' JkSSED ; AN}7 IiPROVED fhi5) 11th. day of Nnyember, i0G3.7 .APPROVED: GUY E BROWN, Mayon , , ATTEST; GEORGE J. DAVIS,. '" City Clerk. - 15-jt-c