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