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