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
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