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HomeMy WebLinkAboutOrdinance 1397 B2Z, P309 FILED FOR RECORD ORDINANCE NO . 1964 JUL -8 P11 2: 14 AN ORDINANCE VACATING AND ABANDONING AN ALLEY ft2NHfy' gN( CT9TY, ARi(, GREGG AVENUE AND RUNNING EAST 255 FEET THEREFROh4-,LtA1UwE NSLL BEING SITUATED BETWEEN HAWTHORN AND PROSPECT STRE$'IJ$CUMAYCERK ETTEVILLE , ARKANSAS , AND FOR OTHER PURPOSES . WHEREAS , a petition was duly filed with the City Council of the City of Fayetteville , Arkansas , on the 30th day of October , 1963 , asking the City Council to vacate and abandon a 20 foot alley connecting to Gregg Avenue and running East 255 feet therefrom , the same being situated between Hawthorn and Prospect Streets , Fayetteville , Arkansas , designated =, on the plat of the Wilson-Adams Addition to the City of Fayette- ville , Arkansas , as same appears platted in the Office of the Circuit Clerk and Ex-Officio Recorder for Washington County , 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 portionof the alley hereinbefore described has here- tofore been dedicated ' b the public use as an alley ; that all 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 adversly 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 re- leases , vacates and abandons all its rights , together with the rights of the public generally , in and to the t4m street designated as follows : A 20 foot alley connecting to Gregg Avenue and Running East 255 Feet therefrom , the same being situated between Hawthorn and Prospect streets , in the City of Fayetteville , Arkansas , its successors and assigns an easement or right-6f-way on , over , under , and across the portion of said alley hereby vacated for the purpose of constructing , installing , operating , laying and relaying , m 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 , as a condition to the closing of said portion of alley AOFlL DTE9 DATE OCT 9 � REEL I ' 622 PACE310 the City shall be held free and harmless from liability as to any claims of the abutting owners for damages to the property described herein , which may result from the City or other utility companies constructing , installing , operating , laying and relaying , relocating , and maintaining all public utilities now located , or which may hereafter be located upon said vacated street , and further that the petitioners agree that they will refrain from altering or changing the grade of the terrain , which would cause damage to utility lines located in that area , 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 day of 1964 . ,APPROVED : GUY MAYOR r ' } F T : 4 ' O, "G AVIS , CITY CLERK 622 PACE M ; 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 fo-reegoing is a true and correct copy of the therein set forth , and the same is as it appears of Record in PROCEDURE OF CITY COUNCIL RECORD , Volume 6 at Page o3� d thereof. IN WITNESS WHEREOF , I have hereunto set I Wit . .. . . . ... ... my hand and affixed my official seal this ` + r day of 19= : OYM 01` City Cler 'y^V W t • Y�tr: CERTIFICATE COF . RECORD . . STATE OF ARKANSAS ss. Washington County . I, Ucyd McConnell, Circuit Clerk and Ex-Officio R^^^rder for ' W.shington County, do hereby certify that the annexnr ff Ire. going instrument was filed for record In my office on ' n:•: `� iay of . . . . . . . . . . . 194!.tj0o'clockP. M, and th du recorded in . A?A4. . . :`.7. record .. at .r. Witness my hand and seal this . .9 dl y of . . . 19 .4 Ci u; Clerk and .. Ex. ffico Recoder