HomeMy WebLinkAboutOrdinance 1603 68 MAY 22 IT- 48
ORDINANCE NO , 1603 WASHINGTON COUNTY
ARKANS13
AN ORDINANCE VACATING AND ABANDONING A PORTION OF AN AL`);LIIA IN -, PUTMAN ' S
ADDITION TO THE TOWN OF FAYETTEVILLE , ARKANSAS . .' fa ,
WHEREAS , a petition was duly filed with the Board of Directors of
a the City of Fayetteville , Arkansas , on the 29th day of April , 1968 ,
asking said Board of Directors to vacate and abandon that portion of
the alley lying midway between the East boundary line of Hill Street ,
and the West boundary line of University Street , and extending North
from the North boundary line of Putman Street for a distance of three
hundred ten ( 310 ) feet to a point three hundred ( 300') feet South of the
South boundary line of Center Street in the City of Fayetteville , Ark -
ansas , more particularly described as follows , to-wit :
From the Northeast corner of the Northeast quarter of
the Southwest quarter of Section 16 , Township 16 North
of Range 30 West of the 5th P . M . , thence three hundred
twenty-five ( 325 ) feet South ; thence West six hundred
twenty-three and five tenths ( 623 . 5 ) feet to a point
of beginning , thence South three hundred ten ( 310 ) feet
to the North boundary line of Putman Street , thence
West nineteen ( 19 ) feet nine ( 9 ) inches along the boun-
dary line of Putman Street , thence North three hundred
ten ( 310 ) feet , thence East nineteen ( 19 ) feet nine ( 9 )
inches to the point of beginning .
WHEREAS , after due notice as required by law , the Board of Direc-
tors has , at the time and place mentioned in the notice , heard all per -
sons desiring to be heard on the question , and has ascertained that the
portion of the alley hereinbefore described , has heretofore been dedi -
cated 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 Board of
Directors their written consent to such abandonment , and that the pub-
lic interest and welfare will not be adversely affected by the abandon -
ment of such alley .
NOW THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
CITY OF FAYETTEVILLE , ARKANSAS :
SECTION I . 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 alley described as follows , to-wit :
From the Northeast corner of the Northeast quarter of
the Southwest quarter of Section 16 , Township 16 North
of Range 30 West of the 5th P . M . , thence three hundred
twenty - five ( 325 ) feet South ; thence West six hundred
twenty-three and five tenths ( 623 . 5 ) feet to a point of
beginning , thence South three hundred ten ( 310 ) feet to
the North boundary line of Putman Street , thence West
nineteen ( 19 ) feet nine ( 9 ) inches along the boundary
line of Putman Street , thence North three hundred ten MICILOVILMFD
( 310 ) feet , thence East nineteen ( 19 ) feet nine ( 9 ) I9t
inches to the point of beginning . R L�
BOOK 723 e;ce 139
SECTION II . That while it is believed that no utilities now
exist in said alley , as a condition to the closing of said alley
and a release of rights therein , the City of Fayetteville , Arkansas
and utility companies shall be held harmless from any cost or damages
involved in removing , relocating and relaying any public utility which
may be discovered in said alley .
SECTION III . A copy of this ordinancqg duly certified by the
City Clerk shall be filed in the office of the recorder of the County
and recorded with the deed records of the County .
SECTION IV . That by reason of the fact that the lands hereby
vacated and released by the City are to be used for erection of hous -
ing units for which there is an acute need in the City , ant" emergency
is declared to exist , and this ordinance being necessary for the
immediate preservation of the public peace , health and safety , shall
take effect from and after its passage and approval .
PASSEDIYVD APPROVED this Df1—,4 day of May , 1968 ,
APPROVED :
DON TRUMBO , MAYOR
ATTEST :
2&tv
GEORGE VIS , CITY CLERK
BQ;7h: 729 PmE W)k
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 th4-1,10� w 41
LAAoO�� "'a"'�2. �' ��o °� , therein set forth, and
the same is as it appears of Record in PROCEDURE OF CITY
COUNCIL RECORD, Volupie at Page a�thereef.
IN WITNESS WHEREOF, I have hereunto not
my hand and affixed my official seal this
p�J day of �, 19 t„to/ /� .
Ilf � r /.,s
K
Vb•
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BOOK 729 mr.E141
fn
CERTIFICATE OF RECORD
STAT.EOFARY"S"S SS. IdoRacocdarfor
.
yYeshingmn Coin , Circuit Clerk and Fx•Off or, fore+
I, Alma L: K011meyer, certify that the annex ned84
wommew County, do hereby office oo tha4n
mentwas filed for record in my m and thesam�p
goingl gkgat_—o'clockat�e 7
Of record
duly recorded In daY of
Wltneas My hand hand and Seal this�� �A Kn1.I M
ZicRecorded
BYOeputy Clerk -• .
STATE of ARKANSAS
Couj_1f Was ' gtoI, __ es.
._-_- , hereby certify that I
am theneral Manager) of THE NORTHWEST ARKANSAS TIMES,
a daily newspaper having a second class mailing privilege, and being not
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
period of at least six months ; and that the said newspaper publishers an
average of more than forty percent news matter.
I further certify that the legal notice hereto attached in the matter of
--- ---
was published in the regular daily issue of said newspaper for_____/---__--_
cuaseeu6i� insertion* as follows:
gp
The first insertion on the -------45.12--_ _ day of _ __ _ 190&
the second insertion on the ---------- --- ---. ------------ day of _______—___.__
the third insertion on the ----- -----------.--------- ---- day of _____._._--------- 19—
and the fourth insertion on the _____-_--- of
Sworn to and
subscribed before me on this __G_. ___J.__-____ day of ------------ -
- -
- -------- ------ -`-� -------------------
le
_ ---_- --
No Public
My Commission Expires :
• v% _ __i�1_P2.2
v;
.j Fees for Printing __-_ $_4Pe_82-Z
Cost of Proof _ _------
Total ------— $-OZD---ewdwJ-
Street, thence West nineteen )
191 feet nine 191 inches along .
the boundary line of Putman
Street, thence North three hun-
dred ten (310) feet, thence East
nineteen T10) feet nine ($I Inch"
to the point of beginning.
1 VWXREAS, after due notice as
� nequfrell by Is the Board of
Die ton has. at the time and
place in the notice,
beard e11 deefring to be
I ea
heard - Q tffttt and has
aR° ° pgrtlon of the
A bed, has
, he _ to they
net
bicactually a h p
been public
generally for at least
five y the fill-
ing of ple owners
of the. upon the
the vacated
W fgpd of DI-
recfnn• .thetr t to
such I1arWo "1Mt the
p lhhte we loll not
ba. . the abom
do ev,NOW' E rr OR
-
DA orDI_
rAy-
e. o Fayette.
Eteleaees. Va.
and all Its right,
Qyether the rights of the
Pit blic in and to the
Rowe, to-wit:
en the ast corner of
e No puarter of the
Southwest r of Section 18,
Towosblp pith of Range 30
Wed of Alth P.M., thence
y-five (ass)
race West sist
F
tenths W Y pOtne of
begs nn
(ng, thece ' three
hundred ten ( 110) ' feet in' the
North bounden• 11ne of Putman
w
Almet. t Wert nineteen
Inches along
ry - of Putman
(QOttt�h ee hun—
ce East
2D - ) rYYa/9) inches
a ~int of be ing.
a5 II. That While it is be-
lieved that no utilities now exist in
said alIe, ,--as a condition to the
closing of said alley and a release
of rights therein, the City of Fay- I
etteville. Arkansas and utility com-
panies shall be held harmless from
any mat or damages involved in re-
moving, relocating and relaying
any public utility which may be
discovered in said alley.
SECTION 111. A copy of this
ordinance duly certified by the
City Clerk shall be filed in the
office of the recorder of the Coun-
ty and recorded with the deed re-
cords of the County.
SECTION IV. That by reason o[
thq fact that the lands hereby va- I
caied and released by the City ere ,
jo � be used for erection of housing.
Units for which there is an acute )
need to the City, an emergency Is
declared to exist, and this ordin
once being "necessary for the im-
mediate preservation of the pub-
lic peace, health and safety, shall
take effect from and after its
passage and approval.
PASSED AND APROVED this
20th day of May. 1968.
APROVED:
DON TRUMBO. MAYOR
ATTEST:
GEORGE J. DAVIS, CITY CLERK
Ite 28
