HomeMy WebLinkAboutOrdinance 1513 VOL FAPcM
F OR RECOkO
ORDINANCE NO , � .
AN ORDINANCE TO VACATE AND ABANDON APO TION, 014 TZSV)SPRING
STREET AND GREGG AVENUE (OR STREET) LYIN BETWEEN J E WEST
BOUNDARY LINE OF THE RIGHT- OF WAY OF THE.%S -TLbikIS�SA FRANCISCO
RAILROAD RIGHT- OF - WAY AND THE EAST BOUNI�A �Y LI{ P QF THE RIGHT-
OF - WAY OF THE ST, LOUIS - SAN FRANCISCO RAILAQ"� R4GI$T- OF -WAY IN
THE CITY OF FAYETTEVILLE, ARKANSAS .
WHEREAS, a petition was duly filed with the Board of Directors of the
City of Fayetteville, Arkansas, on the '%day of 1966, asking the
Board of Directors to vacate and abandon a portion of West Spring Street and
Gregg Avenue (or Street) lying between the West boundary line of the right- of- way
of the St . Louis- San Francisco Railroad right- of- way and the East boundary line
of the right- of-way of the St . Louis- San Francisco Railroad right- of- way; and
WHEREAS, after due notices 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 portion of the streets herein-
after described has heretofore been dedicated to the public use as streets; that all
of the owners of the property abutting on the portion of said streets sought to be
vacated have filed with the Board of Directors their written consent to said abandon -
ment; and
WHEREAS, the franchised public utility companies having public utility
poles, lines, pipes, or wires, within that portion of West Spring Street and Gregg
Avenue (or Street) sought to be vacated have filed with the Board of Directors their
written consent to said abandonment; and
WHEREAS, the public interest and welfare will not be adversely affected
by the abandonment;
NOW, THEREItORE, 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 right, together with the rights of the public generally, in and
to the following described portion of West Spring Street and Gregg Avenue (or Street)
lying between the west boundary line of the right- of- way of the St . Louis- San
Francisco Railroad Right - of-Way and the east boundary line of the right- 6f - way of
.. - 4
MICROFILMID
DATE
REEL_ � ��,
VOL 43
Page Two - Ordinance No .
the St . Louis - San Francisco Railroad right - of- way within the corporate limits
of the City of Fayetteville, Arkansas, to - wit:
Beginning at a point where the west boundary line of the right -
of- way of Gregg Avenue ;(or Street) intersects the south boundary
line of the right- of- way of West Spring Street in the City of
Fayetteville, Arkansas, thence east two hundred and thirteen
and sixty- five hundredths (213 . 65) feet, thence north forty- four
(44) feet to the north boundary line of the right- of- way of West
Spring Street, thence West two hundred and thirteen and sixty- five
hundredths (213 . 65) feet to the west boundary line of the right - of- way
of Gregg Avenue (or Street) , thence South forty- four ( 44) feet to the
point of beginning.
Section 2 : That the City of Fayetteville, Arkansas, hereby reserves
for the benefit of itself, its successors and assigns, an easement or right of way,
including the right of ingress and egress thereto, on, over, under, and across
ten (10) feet on each side of the existing water and sewer mains now located in
the vacated portion of West Spring Street and Gregg Avenue (or Street) for the
purpose of constructing, installing, laying, relaying, relocating, and maintaining
said water and sewer mains and appurtenances thereto .
That a change in the grade of the present surface of the vacated portion
of West Spring Street and Gregg Avenue (or Street) shall be prohibited if such
change would endanger said existing water and sewer mains and appurtenances
thereto .
That the City of Fayetteville, Arkansas, hereby reserves for the benefit
of Southwestern Electric Power Company and Southwestern Bell Telephone Company,
their respective successors and assigns, an easement or right of way, including
the right of ingress and egress thereto, on, over, under, and across the vacated
portion of West Spring Street and Gregg Avenue (or Street) for the purpose of
constructing, reconstructing, inspecting, patrolling, hanging new wires on, main -
taining and removing the existing telephone and electric power lines and appurtenances
thereto now located within the vacated portion of West Spring Street and Gregg
Avenue (or Street) , including but not limited to, the right to trim and/ or remove
VOL
Page Three _ Ordinance No. _
trees or other obstructions that endanger or may interfere with the efficiency
of said existing telephone and electric Power lines and appurtenances thereto.
Section 3. That as a condition to the closing of said portion of West Spring
Street and Gregg Avenue (or Street), the City shall be held free and harmless from
liability as to any claims of the abutting property owners for damages to the vacated
portion of West Spring Street and Gregg Avenue (or Street), which may result from
the constructing, installing, operating, laying and relaying, relocating and maintaining
the above mentioned public utilities.
Section 4 . That 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 5. This ordinance shall take effect and be in force from and after
its passage, approval, and publication. 0040
PASSED AND APPROVED this �ay of 1966.
" MAYOR
?4F)(/CLERK
vol 689 M.E245
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
etherein set forth, and
the same is as it appears of Record in PROCEDURE OF CITY
COUNCIL RECORD, Volume _at Page thereof.
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed my official seal this
day of 41444444-9 u- 19 4
/49`0496- 1, R�
CITY L K
1 �
CERTIFICATE OF RECORD
STATE OF ARKANSAS
Washington County I ss.
I, Lloyd McConnell
Washington C . Circuit Clerk and Ex-Offi
ounty, do h r cio Recorder for
gong .ns ru ' ebY certify that the anncz
Of �y ment was filet' for record.i '� _r fore.
W ✓/ rs n mY officz! on tha . day
duly recorded in , . 1 Yat//, o'clock M, Ind the s:,me is
Witness mt Secord . (oYf
y hand and seal this day of at�p3ge ''? '-t„
19
• _ ItCle' Pr•'G.Grsye.l.�
,Ex-Offico Recoder
,, , -- STATE of ARKANSAS
SS.
,FI County of Washington
0
. G AVENUE ( STREET)
BIN ING BETWEEN THE WEST ^ �
BOUNDARY LINE THE RIGHT
OF WAY OF
OF THE ST.
LOUIS•SAN I, _._-. C, u'.L i.`.- _ .._-_�,..�.ftLt�,�_:�,,>v-y._ --------- - , hereby certify that I
FRANCISCO RAILROAD RIGHT- am the C Hera Mana er
OF-WAY AND THE EAST BOUND- ( *R 1 g )j of THE NCdRT WEST ARKANSAS TIMES,
AMY LINE OF THE RIGHT-OF- a daily ne Spaper having a second class mailing privilege, and being not
WAY OF THE ST. LOUIS-Swat pages of five columns each, published at a fixed place of
� �F'RRppNCISCO RAILROAD RIGHT- 1255 than four
ErTEv1 IN THE CITY . FAY- business and at a fixed (daily) intervals continuously in the City of
E wHERFA9 ARKANSAS.
ed with
As, a Board o war duty
ors Fayetteville, County of Washington, Arkansas for more than a period
:fled with the Board of Directors
of the Cite of Fayetteville, eArkain-mber, Of twelve months, circulated and distributed from an established place of
.ass. Bost the the
day d September, business to subscribers and readers generally of all classes in the Cit
1986, raking the Board of Directors K Y Y
M vacate and abandon a porton of & County for a definite price for each copy, or a fixed price per annum,
West Spring Street and Gregg Av
enue (or Street) lying between the which price was fixed at what is considered the value of the publication,
West boundary line of the right-of- based upon the news value and service value it contains, that at least fift
way of the St. Louls-San FraocheO P y
Railroad right-of-way and the East percent of the subscribers thereto have paid cash for their subscriptions
boundary line of the righLof-way
of the St. Louis-San Francisco to the newspaper or its agents or through recognized news dealers over a
Railroad right-of-way: and period of at least six months ; and that the said newspaper publishers an
WHEREAS, after due notices Y
quired by law, the Board of Dl- average of more than forty percent news matter.
rectors has. at the time and Placa
mentioned in the notice. heard all I further certifythat the legal notice hereto attached in the matter . . f
persons desiring to be heard on the g
question and has aacertained that :.
the portion of the streets herein- 1
after described has heretofore been
� the
trdeetse that all of the the of , _____ _.. - _ _ _ _____ ______ __ _______._the property abutting on the por-
tion of said streets aought to be
vacated haus Well with the Board was published in the regular daily issue of said newspaper for.--
of Directors their written consent
to said abandompent: and eamnesi6m insertions as follows:
WHEREAS. the franchised public
utility companies having public
utility poles, lines, pipes, or wires, The first insertion on the - _ 1110-i day of'd
within that portion Of West Spring
Sweet and Gregg Avenue for
i Street) sought to be vacated have the second insertion n the ----- _
filed with the Bawd of Directors seo ------ ---- - -- day of ..___________ 19---
their written consent to said abat
donment: and
WHEREAS, the public interest the third insertion on the _._________ _. day of _..__________ 19__. .
and welfare will not be adverSSIT
affected by the abandonment;
NOW. THEREFORE, BE IT OR- and the fourth insertion on the .. . day of __ __-__._....__ 19_
1
DAINED BY THE BOARD O Dl-
RECTORS OF THE CITY OF FAYE'
ETTVILLE, ARKANSAS:
Section 1: The City of Fayette-
villa. Arkansas hereby releases,
vacates and abandons all its rights --- -- - ------ --------
together with the rights of the
public generally, in and to the fol-
lowing described portion of west Sworn to and subscribed before me on this Z"_ day of .
-_ ' .
Spring Street and Gregg Avenue
(or Street) lying between the West A
houndary line of the right-of-way
of the St. Louis-San Francisco Rail- _
road Right-of-Way line
atm the east ___ ________ 19_
boundary linee -S the Francisco
Rail
m the St. Louis-San Francisco Ran
road rtghtof-way within the cor-
porate limits Of the City of Fay-
ettArkansas. w1 ! N-_o__- y_ Public ublic
Beinng at Rpoitwhere the
west boundary line of the right-
of-way of Gregg Avenue (or
Street) trdersects the south My Commission Expires :
boundary line of the rightof- I
way of West Spring Street in the
City of Fayetteville. Arkanaae. 1F O
thence asst two hundred and - ----- --- -- - ---- -- — -f---
thirteen a n d "Y-five hun-
dredths (213.65) feet, thence rwrth
forty-fora (M) feet to the mrth
boundary line of the righLof-way Fees for Printing �/y
of West String Street, thence g _-___ $_ _.___: _ C-_
West two hundred and thirteen
and sixty-five hundredths (211.6511
feet to the went boundary line Of Cost of Proof __--_ $____--_.._._..___._
the rightof-way of Gregg Av-
enue (or Street), thence South
forty-four (44) feet to the pointTotal
-----
of beginningg
Section Y That the Cityher re
of -
ille, Arkansas. hereby re-
.r the benefit of itself, its
vsgn
is. an te-
r:£h-. " a% . includinggthe
he
,nencg and screw thereto.
�.-cr, c::2 er. and aoten i
. , cdv o -he
he esiatinirn£
That a change in the grade of the
present surface of the vacated por-
tion of West Spring Street and
Gregg Avenue (or Street) shall be
prohibited if such change would
endanger said existing water and
sewer mains and appurtenances
thereto.
That the City of Fayetteville. Ar-
kansas, hereby reserves for the
benefit of Southwestern Electric
Power Company and Southwestern
Bell Telephone Company, their re-
spective successors and assigns, an
easement or right of way, includ-
ing the right of ingress and egress
thereto, on, over, under, and
across the vacated portion of West
Spring Street and Gregg Avenue
(or Street) for the purpose of con-
structing, reconstructing, inspect-
ing. patrolling, hanging new wites
on, maintaining and removing the
existing telephone and electric
power lines and appurtenances
thereto now located within the
vacated portion of West Spring
Street and Gregg Avenue (or
Street), including but not limited
to, the right to trim and/or remove
trees or other obstructions that en-
danger or may interfere with the
efficiency of said existing tele-
phone and electric Power lines and
appurtenances thereto.
Section 3. That as a condition
to the closing of said portion of
West Spring Street and Gregg Av-
enue (or Street). the City shall be
held free and harmless from lia-
bility as to any claims of the
' abutting property owners for dam-
ages to the vacated portion of West
Spring Street and Gregg Avenue
(or Street). which may result from
the constructing, installing, oper-
ating, laying and relaying, reto-
rating and maintaining the above
mentioned public utilities.
Section 4. That a copy of this or-
dinance duly certified by the City
Clerk shall be filed in the office
of the Recorder of the Countv, and
recorded in the Deed Records of
the County.
Section 5. This ordinance shall
take effect and be m force on
and after its passage, approval,
and publication.
PASSED AND APPROVED this
19th day of September, 1966.
DON TRUMBO, Mayor
ATTEST:
GEORGE J. DAVIS.
City Clerk
21 1-tc