HomeMy WebLinkAboutOrdinance 1503 682 PACE 428
FILED FOR RECORD
h
02,
ORDINANCE NO . / S . 48 NM 21 ,Jun ' 66
AN ORDINANCE VACATING CERTAIN ALLEYS IN MOUNTANSy1iJ9WIWUNTY
y��,�i'i4Q118IJAITION TO
THE CITY OF FAYETTEVILLE , ARKANSAS , LLOYDhIcCONNELL
CIRCUIT CLERK
WHEREAS , a petition was duly filed with the Board of Directors
of the City of Fayetteville , Arkansas , on the 1st day of June ,
1966 , asking the Board of Directors to vacate and abandon the
following described alleys in the Mountain View Addition to the
City of Fayetteville , Arkansas , to-wit :
A 10 foot alley commencing at a point on Company
Street between lots 4 and 5 in Block 2 and running
thence North terminating at Trust Street , and
another alley commencing at a point between lots 7
and 8 in Block 2 and running thence East terminat-
ing at North Sequoyah Drive .
and ,
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 alleys hereinbefore described have heretofore
been dedicated to the public use as alleys ; have 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 alleys to be vacated have filed withthe
Board of Directors their written consent to such abandonment , and
that the public interest and welfare will not be adversely affected
by the abandonment of such alleys .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS 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 aforedescribed alleys in
Mountain View Addition to the City of Fayetteville , Arkansas , re-
serving 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
alleys , such easement or right of way to be on , over , under and
across the alleys hereby vacated for the purpose of operating ,
maintaining , relocating and relaying all public utilities now lo-
cated in or upon said vacated alleys by said City , or any corpora-
tion having a franchise or right of way from said City . As a
condition to the closing of the above -described alleys , 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 ,
MICROFILMED
DATE �r�,,,,,; �a 1978
682 PAPE 429
2 -
which may result from the City or other utility companies operating ,
maintaining , relocating and relaying all public utilities now to
cated % in or upon said vacated alleys , 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 ��" day of 1966 .
APPROVED :
DON TRUMBO , JR . , MAYOR
ATTEST :
.... ` .FYlr .
7 ; ,GEOR AVIS , CITY CLERK
y '•
682 PACE 436
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 aad
foregoing is a true and correct copy of th
r /c , , therein set forth , and
the same is as it appears of Record in PROCEDURE OF CITY
COUNCIL RECORD, Volume 171 _ at Page c=;olcov thereof.
IN WITNESS WHEREOF , I have hereunto set
'' "'••� my hand and affixed my official seal this
" � �• day of 19Vf� .
City MOW
CErTrFICATE OF R _.ORD
STATE OF ARKANSAS
Washington County 1
SS•
' I. Lloyd McConnell, C,trcirit Cork and EX.Ofticto Recovder for
Washington County, do h.=,re€ry cerdq titer GFv+ 3nmtxed' r foto
going Instrument was ti 12d irn record in mec(f, d aro ttt�`r�/,dyY
m"' • • �• �" � �19'44at....o'ci ocA. .,rje and tke sa
dU1Y recorded in.s 4r,.W. + e4.4.,C.
W1110116" my hand and seatirv� 1/d' Y o4 .... . ..�at pa ¢. •
ga. 1 d
Ez-*: & Reeoo¢I
STATE of ARKANSAS 1
ORDINANCE NO. ISO) Jr ss
AN ORDINANCE VACAT G ER. County of Washington
TAIN ALLEYS IN MOlrJVTAl�fj�
OVIEWFF ADDTTION , THE CITY /�
OF FA A13DM N T ARKANSAS. ' A
WHEREAS, a petition wait duty I, ._.__. __.._ . . a__— ' ., hereby certify that I
filed with the Hoard of Directors �r. � -----------------------S
of me Cur of Fayetteville, wrkan- am the (Gene al MAnager) of THE NORTHWEST ARKANSAS TIMES,
sea. on the tat day of .lune, 1966, a daily newsp per having a second class mailing privilege, and being not
asking the Board of Directors to less than four p p
yachts and abandon the following pages of five columna each, published at a fixed lace of
described alley* is the Mountain business and at a fixed (daily) intervals continuously in the City of
View Addition to the City of Fhy-
etteville, Arkansas. to-wit: Fayetteville, County of Washington, Arkansas for more than a period
A 10 foot alley commencing at a of twelve months, circulated and distributed from an established lace of
be-
tween lots 4dinBlock
Company
and Street tse= P
business to subscribers and readers generally of all classes in the City
and running thence North ter-
minating at Trust Street. and an. & County for a definite price for each copy, or a fixed price per annum,
other alley commencing at a which price was fixed at what is considered the value of the publication,
point between lots T and 8 In
Block 2 and running thence East based upon the news value and service value it contains, that at least fifty
terminating at North Sequoyah percent of the subscribers thereto have paid cash for their subscriptions
Drive.
and, - to the newspaper or its agents or through recognized news dealers over. a
WHEREAS, atter sue notice of I- I period of at least six months; and that the said newspaper publishers an
required by law, the Board no of DI- ;i P
rectors twee, at the time and place average of more than forty percent news matter.
mentioned In the notice, heard all ,
persons desiring to be heard on the i I further certify that the legal notice hereto attached in the matter of
question and has ascertained that
the alleys berelnhefore described
have heretofore Mean dedicated tb
the public use as alleys; have not
been actually used by the public -(
generally for a period of at least
five years subsequent to the flllhil
of the plat: that all the owners of
the property abutting upon the al• was published in the regular daily Issue of said newspaper for--------t_—_.___
lays to be vacated have filed with f zea ,,auzea• •j--- insertionpf as follows :
the Board of Directors their writ-
ten consent W such abandonment. .q
and that the public Interest and The first insertion on the ___--- dX3_
welfare will not he adversely af-
fected by the abandonment of
such alleys. the second insertion on the _-_______------------- da of
NOW. THEREFORE. HE TT OR- Y
DAINED BY THE BOARD OF Di-
RECTORS OF THE CITY OF FAY- the third insertion OR the
ETTEVILLE, ARKANSAS: ____---- day of ---------------- 19—
SECTION 1. The City of Fayette-
ville. Arkansas. hereby releases,
vacates and abandons all Its rights, and the fourth insertion on the ____ --- --- ---- day of
together with the rights of the
public generally, In and to they, t
aforedescribed allays in Mountains yg t tel • V �W�.{'\V+��
View Addition to the City of ray-
etteville. Arkansas, reserving unto
said City of Fayetteville, Arkansas.
its successors and assignsi en ease- Zai
meeither rafae of way
sen (10) ei Sworn to and subscribed before me on this __peel__ __.____ day of ._._.___.__-
on lic utility now located in or upon )
raid alleys, such easement or right )
of way to be on, over. under and G
across the alleys hereby vacated ; _________ _________—____________ 19_________
for the purpose of operating, main-
taining. relocating and ralaying
all public utilities now located I" ' �( �
or upon said vacated alleys by —"-__"- -------""---N Pu
said City, or any corporation hay- N dry Public
Ing a franch Lae or right of way
from said City. As 9 condition to
the closing of the above-descrlbed
alleys, the City shall be held free , My Commission Expires:
for damages to the property de- /7
any claim of the abutting owners
and harmless from liability as y ..S.Gy�'L�C —erg
hermay �J O
scribed herein, whish y r N
from the City ti other till try
companies operating, g maintaining.
pub)
P D g• E.
relocating and relaying all public , p
utilities now locates f rt upon Fees for Printing __— $__ _i !
said vacated alleys, and further the
petitioners agree that they will re-
frain from alteringor changing Goat Of Proof _ _ ______
_____ $_ — _
theterrain,grade of the terrain, whish
locum cause damage to utility Hees ' /
located M that area. Total
SECTION R. r copy of this
Caere duly certified by the City
City
Clerk a be filed to the officethe recorder
and
of reorder of the county and
recorded In the deed records of the
county.
SECTION Ordinance shall
be in full force
and effect from
and after its D^^^age. approval
and publication
PASSED AND APPROVED this
20th of June, 1966.
APPROVED:
•[ DON TPr^tsnnn IR . Mayor
Cti0Rt3E J. DA %Ib
, City Clerk 23-lte