HomeMy WebLinkAboutOrdinance 1486 . .. 1 : 672 w'di F�C£p ,rpt ;r£l p l]
ORDINANCE NO . l 196� �£B ,3 ply
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AN ORDINANCE VACATING AND ABANDONING A PORTION OF AN P, A, �u+vey ;ft
A . L . TRENT SUBDIVISION OF OAK GROVE ADDITION TO THE C � CO:V"+ELR?i,
FAYETTEVILLE , ARKANSAS , AND IN BLOCK 14 OF REVISED PLAT OF BIbQIC
14 AND 15 IN CITY PARK ADDITION TO THE CITY OF FAYETTEVILLE ,
ARKANSAS .
WHEREAS , a petition was duly filed with the City Council of
the City of Fayetteville , Arkansas , on the 17th day of January ,
1966 , asking the City Council to vacate and abandon a portion of
an alley in A . L . Trent Subdivision of Oak Grove Addition to the
City of Fayetteville , Arkansas , and in Block 14 Revised Plat of
Blocks 14 and 15 in City Park Addition to the City of Fayetteville ,
Arkansas , more particularly described as follows :
Beginning at the Southwest corner of Lot ( 4 ) in Block
( 3 ) of A . L . Trent Subdivision of Oak Grove Addition
to the City of Fayetteville , Arkansas , and running
thence in a Northerly direction with the West line of
said Lot ( 4 ) to the Northwest corner of said Lot ( 4 ) ;
thence continuing in a Northerly direction with the
West line of Lot ( 2 ) of Block ( 14 ) Revised Plat of
Blocks ( 14 ) and ( 15 ) of City Park Addition to the City
of Fayetteville to the Northwest corner of said Lot
( 2 ) aforesaid ; thence continuing in a Northerly direc-
tion with the West line of Lot ( 1 ) of Block ( 14 ) of
the Revised Plat of Blocks 14 and 15 of said City Park
Addition to the Northwest corner of said Lot ( 1 ) ;
thence in a Northwesterly direction with the South line
of TRENTON BOULEVARD to the Northeast corner of Lot ( 3 )
in Block ( 14 ) Revised Plat of Blocks 14 and 15 of City
Park Addition ; thence in a Southwesterly direction
along the East lines of Lots ( 3 ) and ( 4 ) in Block ( 14 )
of the Revised Plat of Blocks 14 and 15 City Park
Addition and also along the East line of Block ( 3 ) in
A . L . Trent Subdivision of Oak Grove Addition to a
point West of the point of beginning ; thence East ( 12 )
feet , more or less , to the point of beginning .
and ,
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 herein before
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 years subsequent to the filing of the
plat ; that all the owners of the property abutting upon the
portion of the alley to be vacated have filed with the Council
pAICROFll MD
DATEa`��T�1TB
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REEL�+�•—
672 mid40
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their written consent to such abandonment , and that the public
interest and welfare will not be adversely affected by the aban -
donment of such 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 afore described
portion of an alley located in A . L . Trent Subdivision of Oak
Grove Addition to the City of Fayetteville , Arkansas , and in
Block 14 of Revised Plat of Blocks 14 and 15 in City Park Addi -
tion to the City of Fayetteville , Arkansas , and reserves unto
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 con-
structing , installing , operating , 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 .
As a condition to the closing of said portion of an alley , the
City shall be held free and harmless from liability as to any
claims of the abutting owners for damages to the property des-
cribed herein , which may result from the City or other utility
companies constructing , installing , operating , laying and re-
laying , relocating and maintaining all public utilities now
located , or which may hereafter be located upon said vacated
alley , and further the petitioners agree that they will refrain
from altering or changing the grade of the terrain , which would
cause damaga to utility lines located in the area .
SECTION 2 . A copy of this Ordinance duly certified by the
City Clerk shall be filed in the office of the recorder of the
County and recorded with 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 January , 1966 .
APPROVED :
GUY EV BROWN ,` MAYOR
ATTEST :,
S , CITY CLERK
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672 PA(d41
"
"
CERTIFICATE
f t
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
."It 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 th
therein set forth , and
the same is as it appears of Record in PROCEDURE OF CITY
COUNCIL RECORD, Volume 4j at Page44"d thereof,
IN WITNESS WHEREOF , I have hereunto set
r9gv
my hand and affixed my official seal this
li1>YE+T*Ieio
�` day of 19016
6
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4 CityClea "
CERTIFICATE OF RECORD
STATE OF ARKANSAS )
Washington County r ss.
I, Lloyd McConnell, Circuit Clerk and Ex-Officio Recorder for
Washington County, do hereby certify that the annexed or f re
going i trument was filed for record in my office on the•o
of. 1 194%ztM.3/0' n
0 o cicckrM, and the same is
duly ecmyh in . . . . ,�, rrford , . .(P_7
Witness my hand and seal this .},day of�7� A. at page .
19. ro 6
Ci uit Clerk `
Ex-Offico Recoder
I
j
STATE of ARKANSAS 1
}
County of Washington 111 ss.
I, ____ _. ���`'p'(���__a'... ___ 4'� ...__ , hereby certify that I
rl am the ( Gen ral ltlanager) THE NORTHWEST ARKANSAS TIMES,
th a daily newspaper having a second class mailing privilege, and being not
A
less than four pages of five columns each, published at a fixed place of
business and at a fixed (daily) intervals continuously in the City of
Fayetteville, County of Washington, Arkansas for more than a period
of twelve months, circulated and distributed from an established place of
business to subscribers and readers generally of all classes in the City
& County for a definite price for each copy, or a fixed price per annum,
which price was fixed at what is considered the value of the publication,
based upon the news value and service value it contains, that at least fifty
percent of the subscribers thereto have paid cash for their subscriptions
to the newspaper or its agents or through recognized news dealers over a
rr period of at least six months ; and that the said newspaper publishers an
. . n ' " ' 'haverage of more than forty percent news matter.
f "6f.BI°°t nl� I further certify that the legal notice hereto attached in the matter of
_________------------------ - <<-¢.._____________-------- ______.-----
was published in the regular daily issue of said newspaper for-----------
oaaeeeB6ise insertion] as follows : ''// /
The first insertion on the ______7___�__-.__ day of 77—Te-�K 19a W
the second insertion on the _-------- day of ___—__-_-_- 19----
the third insertion on the _________________________________ day of
and the fourth insertion on the _...______...__..__. day of __._____—______-_
,y
At �{ � .
Sworn to and subscribed before me on this - - - day day of -----
wo—taiyPublic
A t with
� -S trohat a
/My Commission Expires: (,
ainIT
a E tea n � hanORW willt
EB C Y AVETTF-
OIINCIL q �/
I ARKANS : ' I Fees for Printing
Thr 'riio of Fay- '
\ ! IN hrreby re- '
-.none all of , Coat of Proof ....-_— $--- ______--
rights ghts of ,
and to the 11Al , ,
. .. f an alley Total __---- $a`_�t__i
Sobdivision
the City
rtlrn ap, A ' =. [ and in
u Of Revise" of Blocksi
15 in City P , ,Addition tol
Favettrrllle. Arkansas.
-= unto avid City of Fay-
. trkasras, its Successors
=signs An easement or right
I: a xy. nn; over, under, and across
the pogietG of said alley hereby
vacated, for the purpose of con-
stru- t�taumg. operating, )
Is% in� ` `gtlWJ)'ng• relocating '
and maint•1Nng'l4ipublic utilitlN
I ca tag er whieh may herb
r be located upon said vacated
by said City, or any Cm'Wlrl•
paving a franobtse or nghht o[
from said City. As a condition
I') the closing of ppId portion of mt ,
Alley, the City gid
be held free '
and harmless from liability as to
any claims of the abutlina owners
for damages to the property de-
srnbed herein. which may result )
from the City or other utility com-
panies constructing. installing. op-
erating. laying and relaying. m-
locating and maintaining all public
I n " ties now located. or which
hereafter be located upon acid
I, it alley, and further the pe-
rs agree that they will re-
from altering or changing the
of the terrain. which would
I, damage to utility lines lo-
o in the area.
SECTION 2. A copy of this OrAI-
nance duly certified by the City
Clerk shall be filed in the office
of the recorder of the County and
recorded with deed records of the
County.
SECTION s. This Ordinance shall
take effect and be in force from
and after its passage, approval and
publication.
PASSED AND APPROVED this '.
da % rt
, %
lan ,lar[ 1a
PR
l'Y F
(:C1 F. BROWN. Mayor
5TTEST
GEORGE .I . DAVIS.
( lU Clerk
IT
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