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HomeMy WebLinkAboutOrdinance 1494 CE 6 61 FACE " A 19oi, APR I 1 PMl 1 : 51 ORDINANCE NO . jy'�� ni pTi . ;RK . WAS}114;t;T6i'i O .;hELL LLQ-Y D 1 • C �_ o AN ORDINANCE VACATING AND ABANDONING PORTIONS OF TAYWICST ' ET AND BELL AVENUE IN HOPPER ADDITION TO THE CITY OF FAYETTEVILLE , ARKANSAS . WHEREAS , a petition was duly filed with the Board of Directors of the City of Fayetteville , Arkansas , on the 7th day of March , 1966 , asking the Board of Directors to vacate and abandon the following described portions of Taylor Street , a/k/a Hopper Street , and Bell Avenue located in the Hopper Addition to the City of Fayetteville , Arkansas , to-wit : All that portion of Taylor Street which is described as follows : Beginning at the Southwest Corner of Lot 8 of the Hopper Addition to the City of Fayette- ville , Arkansas , and running thence south 30 feet , thence in a easterly direction with the southern boundary of Taylor Street 495 . 90 feet more or less to the northeast corner of Lot 20 ; thence north 30 feet ; thence west with the northern boundary of said street to the point of beginning . All that portion of Bell Avenue beginning at 11 . 2 feet south of the northeast corner of Lot 5 of the Hopper Addition to the City of Fayetteville , and running thence north with the western boundary of Bell Avenue to the northeast corner of Lot 11 , in the Hopper Addition ; thence east 40 feet , thence south with the eastern boundary of Bell Avenue , to a point which is 40 feet east of the point of beginning , thence west 40 feet to the point of beginning . WHEREAS , after due notice as required by law , the Board of Directors 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 portions of the streets hereinbefore described have heretofore been dedicated to the public use as streets; have not actually been 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 streets to be vacated have filed with the Board their written consent to such abandonment , and that public interest and welfare will not be adversely affected by the abandonment of such streets . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : SECTION 1 . The City of Fayetteville , Arkansas , hereby MICROFILMED DATE REEL r 677 PACE317 - 2 - releases , vacates and abandons all its rights , together with the rights of the public generally , in and to the above-described portions of Taylor Street , a/k/a Hopper Street , and Bell Avenue in the Hopper Addition to the City of Fayetteville , Arkansas , and reserving unto said City of Fayetteville , Arkansas , its successors and assigns an easement or right of way ten ( 10 ) feet on either side of any existing public utility now located in or upon said streets , said easement or right of way to be on , over , under and across the portions of said streets hereby vacated for the purpose of operating , maintaining , relocating and relaying all public utilities now located in or upon said vacated street by said City , or any corporation having a franchise or right of way from said City . As a condition to the closing of the above-described por- tions of streets , 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 operating , maintaining , relocating and relaying all public utilities now located in or upon said vacated streets , and further 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 this 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 be in full force and effect from and after its passage__, approval and publication . ✓ PASSED AND APPROVED this T� day of , 1966 . APPROVED : "t�m 44 DONSTRUMBOr J , MAYOR ATTEST : GEGRGB IS , CITY CLERK %t;. 677 PAU3IS 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 th therein set forth , and the same is as it appears of Record in PROCEDURE OF CITY COUNCIL RECORD , Volume _ � at Page IC5 thereof. IN WITNESS WHEREOF , I have hereunto set my hand and affixedmy official seal this day of 19 lP 6. r City C r , srnre oCeRT I FI CATZ dF XECORD ARKANSAS VTATe I A ) ng'ton County t �• , Lloyd 8omhin ginstrunmen� do hereby certify thatX-Offlclo Recorder for of. was filed t the annexed or i . �. ' . . or record in my office on t ora. duly recorded in ��7 � 19L'�t1 So'c,n m he'elday Witness my hand • " record .record , (q, 7 a �, and the same is and seal this .4 /. day of at Paga• (,(e Circuit Qe'rk'agand EX.Oific0 .t�rod::r ORDINANCE VNO. 1494 AN ORDINANCE VACATING AND ABANDONING PORTIONS OF . TAYLOR STREET. AND BELL - AVENUE IN HOPPER ADDITION TO THE CITY OF FAl'EITEVILLE, ARKANSAS. STATE of ARKANSAS WHEREAS. 1 - WHEREASS. a petition war duly Jr as. of with the Boats of Directors County of Washington va ee ec 1�e ee lolusm IE hereby certify that I the Board of %pl - ------ --- ""-=---- vi evil end abandwf She Den A - - " ____ ._ _ __a'�ai Ho ppeerr Strerts et ihd,ar aA�v-•. fJle e at am the ( Gonager) -ITHE NORTHWEST ARKANSAS TIMES, Addi- tion to the City of souls, Ar- a daily newspaper having a second class mailing privilege, and being not katuas. to-soft: less than four p p All that portion of Taylor Street pages of five columns each, published at a fixed lace of which is descrtbed As renews: Be- business and at a fixed (daily) intervals continuously in the City of ginning sot the Sort of Lot 9 tha Heppe diNNI Fayetteville, County of Washington, Arkansas for more than a period to the City Of Fs Ar- of twelve months, circulated and distributed from an established place of karws, and retailing thesu a eouys 30 feet, thence in a eeatWI7 it" business to subscribers and readers generally of all classes in the City tion with the southern & Count for a definite rice for each co p per annum, Of Taylor Street 495.90 fM I�' Y P copy, or fixed rice or lore to the northeast , sin. f which price was fixed at what is considered the value of the publication, Lot m; thence north 59 f I thence west with the. amthemibased upon the news value and service value it contains, that at least fifty Iwundary of said street to the percent of the subscribers thereto have paid cash for their subscriptions I point of beginning All that portion of Bell Avenue to the newspaper or its agents or through recognized news dealers over a northeast at Ile feet south of the period of at least six months ; and that the said newspaper publishers an northeast at 11.2ner a 245 t Of the ', stopper Addition to the City of average of more than forty percent news matter. Fayetteville, and running thence: norm with the to the northeast I further certify that the legal notice hereto attached in the matter of co Heli Avenue to the a Hopper turner of Lot sac in the Hopper Addition: thence gut 40 tett. ' thence south with the eastern point n soh of Bell Avenue, to n poio[ which 4 b feet east of the --- ----------------- _____ -------------------- ---------------------------------_____ ninthence lVefft 40 tet ttof the po1M of beginning WHEREAS, after due notice Aswas published in the regular daily issue of said newspaper for_____ ____ required by law, the Board of Di- eeRg¢Ctlthl insertions as follows: rooters has, as the time and place mentioned in the notice, based all •� cA�� - v� persons dterlrlOg to be heard on me The first insertion on the __.___7 - day of _--1?1 ��-------- 19_G-li question ant_ ucertalned that ""---------'"' . the porti&W et this streets hegeln- been dedl�pgtN tide puve blic heretofore as the second insertion on the day of -_________._.._ streets: have rapt actually been used by the public generally for a period the third Insertion on the - da of of at least five yeah subsequent to -------- - - Y ---- ; the filing of the plat: that all the upon t of the to be yr abutting and the fourth insertion on the _____. da _._._ __ _ _ _ 19 upon the streets to be vented have - - y coed with the Hoard their written consentpublic such abandonment, and thatthattponm ubhe Interest end welfare will not be adversely affected by --------- >----+----------- --------------.-.. the abandonmentantof such streets, OR- DAINED THEREFORE. BE IT OR DAINED BY THE BOARD OF DI- � RECTORS Or THE CITY OF FAY Sworn to and subscribed before me on this --------------___ --- day of IETTEVILLE. ARKANSAS: SECTION 1. The City of Fayette- ville, Arkanay. hereby releases. crates and abandons all 14 rights. 19_le�- tocether with the rights of the public generally. in and to the above-described portions of Tay- lor Street, a 'k .'a Hopper Street, _--------------------___ _ -0%, se woe end Bell Avenue in the Hopper Ad- _ _- '-" '-"--"------- dition to the City of Fayetteville, N cry Public ArkNnaa. and reserving Unto said City of Fayetteville. Arkansas. its succession and assigns an raae- ment or right of way len sol feet My Commission Expires : no either side of env exisang pub- lic utllfty now located in or upon Q sold street#. said easement or right of way to he on. over. under and across the portions of said attests herel•> vacated for the purpose of operating, maintaining. relocating and relaying all public Utilities Fees for Printing ------ $_� 404__ now located to or upon reed vs- rated street by said City, Or any • eerporetion having a franchise or Cost of Proof ------ $__----- ------ ___ right of way from said City. As a ; condition to the closing of the / I above-described portions M �_SGstreets. Total _____ $- t �_ _ the City shall be held tree and - ' harmless !torn liability as to any cinhns of the abutting Owners for uamages to the property deaaribed herein. which may result from the City or Other utility companies 01- t crating maintaining. relocating and relaying all public utilities now located In er up" said va- cated streets, and further the peti- tioners agree that they n'ill refrain from altering or changing the grade of the terrain. which would rause damage to utility lines lo- cated In that area. SECTION R. A copy of this Ordi- nance duly certified by the City Clerk shall be filed to the office of the recorder of the county and recorded in the deed records of the county. SECTION 3. This Ordinance shall M: :n full force and effect from and after its paswge, approval and publication. PASSED AND APPROVFn t}' is iih da:. o: April, 1966. n Pl'nnVED ^JN TRUMBO. ]R Mayor <:= ; m !r .r;, : F. J. DAVIS, � risk 7-tn