HomeMy WebLinkAboutOrdinance 1604 ORDINANCE N0 . 1604
AN ORDINANCE VACATING A CERTAIN STREET IN ,f MQ-% 10: 16
ADDITION TO THE CITY OF FAYETTEVILLE , au �i
ARKANSAS WASHINGTON V1' ITY
ARI( ANS .; ;
WHEREAS , a petition was duly filed with the B'oa�dl %-&'Directors
/Of the City of Fayetteville , 11Arkansas , on the 5th �ay' ( of 'May , 1968 ,
asking the Board of Directors to vacate and abandon the following
described street in the Elmwood Addition to the City of Fayetteville ,
Arkansas , to wit :
An unnamed street commencing at the North edge of Overcrest
Street running thence North between Block 3 and Lot 1 ,
Block 4 , to the North edge of said addition , Elmwood
Addition , Fayetteville , Arkansas ,
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 street hereinabove described has been dedicated to the
pubic but that otherwise used and has not been used by the public
for a period of at least five years subsequent to the filing of the
plat and prior to the filing of the petition ; that all owners of
property abutting on the said street have filed with the Board of
Directors their written consent to said abandonment and vacation ,
and that the public interest and welfare will not be adversely
affected by the abandonment of said street .
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 above described street , reserving
unto the City of Fayetteville , Arkansas , its successors and assigns
an, easement or right of way in said street for the purpose of
laying utility lines , such easement or right of way to be 2 $ feet
in width on the west side of the aforesaid unnamed street . As a
condition to the closing of said street , the City shall be held free
and harmless from liability herein , which may result to the abutting
property owners in connection with the laying of said utilities .
SECTION 2 . A copy of this Ordinance duly certified by the
City Clerk shall be filed in the office of the recorder of this
county and recorded in the deed records of this county .
BOOK - ,._ 3�
�
729 1 DATE OCT I 1 1971
REEL
SECTION 3 . This Ordinance shall be in full force and effect
from and after its passage , approval and publication .
PASSED AND APPROVED this 3rd day of June , 1968 .
APPROVED : (
DON TRUMBO , JR . , MAYOR
ATTEST : .
`i t GWI GE Wvas , CITY CLERK
f�
w : �
Boon 729 PAQ391
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
op 0
foregoing is a true and correct copy of thoey .
therein 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
( A1 (j a hand and affixed my official seal this
�/
day of , 19 O
CIARK
CITY
' Cow :; - -
. : .
BOOK 729 PACE 392
CERTIFICATE OF RECORD
STATE OF ARKANSAS
Washington County SS.
I, Alma L. KcllmeyerCi
I
Washinrcuit Clerl< and Ex-Offlclo Recorder for
goinggton County, do hereby cervi,,"y that ih2 annexed or fore-
--i n/y3,*/�urent was filed for re,or- in my o�
I
ticp on the day
duly recorded in ,moa --O�` !0t"� N, and the same
Witness n; -record is
Y hand and seal this — at paga-' -i Q
17 day of 194
ALMA KOLL EYER
Circuit Clerk and�—
Ex 0, • ia Recorded
By /
De,outy Clerk
fe
'R sy CITY WATER DEPARTMENT
rO�Z� - HILLCREST 3.4301
WILLIAM C. SMITH
ZIP 72701 CITY ENGINEER
May 15 , 1968 SUPT. WATER PLANT
Planning Commission
City of Fayetteville , Arkansas
Fayetteville , Arkansas
Re : Petition to Close and Vacate an
unnamed 50 foot street in Elm-
wood Subdivision , which commences
at the North edge of Overcrest
Street and proceeds north to edge
of the Subdivision.
Gentlemen :
The City of Fayetteville Water and Sewer Department objects to the
closing of this unnamed street . It is intended that it be used for
right of way for a sewer main to serve the subdivision and areas south
of the subdivision ,
This proposed sewer main will connect to a 12" interceptor sewer which
is presently under contract to be constructed along the north property
line of Block 3 and Block 4 in the above referenced subdivision .
In addition , this street was located at this point in order to permit
access andgrowth to the north of the subdivision . It is clear that
this growth is in the future since Dr . Vinzant owns a considerable
block of property to the north and does not care to presently . subdivide
it . However , when this area to the north develops fully , Overcrest
Street will need to be broken in order to provide access to the north
and prevent it from becoming a long street without any cross streets ,
If you have any questions concerning this , please contact me .
Very truly yours ,
Claude R . Starr
City Engineer
CRS : jm
cc City Manager
J . W . Gallman
l '
• LAW OFFICES OF
BALL AND GALLMAN
P. O. BOX 667 - 201 NORTH EAST AVENUE
FAYE:TEVILLE, ARKANSAS 72701
C. J. BALL
JAMBE W. GALLMAN May 20 , 1968
Planning Commission
City of Fayetteville
Fayetteville ; Arkansas 72701
Re : Petition to close and vacate an unnamed 50 foot
street in Elmwood Subdivision , which commences
at the North edge of Overcrest Street and proceeds
North to edge of subdivision .
Gentlemen :
We have received a copy of the letter of May 15 , 1968 , from Mr .
Claude R . Starr , City Engineer , raising objections to the petition
to vacate and close the above street .
As we understand Mr , Starr it is planned that a sewer will utilize
the street and he further suggests that development to the North in
the future will require use of the street .
As to the first objection we note that the City has no easement for
a sewer or water line across the North property line of Block 3 and
Block 4 . A sewer line cannot go across there because it would cost
the City too much to move a septic tank which cost originally about
$ 3 , 500 . 00 •. However , Dr . Vinzant has agreed to a sewer line being
placed on the South side of the creek which traverses these blocks
in the southern portion . Needles to say he has no objection to a
12 ' interceptor sewer line teeing off to the South at any reasonable
point selected by the City . that will facilitate their service in
Elmwood subdivision . It , therefore , seems that this objection should
not be considered as meritorious norpreventing the requested closing .
The second objection directed toward future growth to the North is
equally unfounded . We note that Elmwood utilizes a "U " shaped street
as its only one . There is no outlet on the plat except to Old Wire
Road . However , Overcrest Street has been extended easterly by Dr .
Planning Commission
Page 2
May 20 , 1968
Vinzant granting a road easement on property he owns abutting on
the North and: East . It is obvious that this subdivision plat does
not contemplate future development in any direction and we know
of no master plan utilizing that portion of the street we seek to
close . Most of the area sought to be closed is traversed by a
large creek running from East to West . The likelihood that it
will ever be opened and improved for any purpose is extremely
remote . The property to the North of the unnamed street is owned
by Dr . Vinzant and utilized for pasture . . Needless to say , should
he ever decide to subdivide this area he will be required to plat
it and adequately tie the streets there into existing streets .
When and if this is done there would be no problem in breaking
Overcrest . The need for a break is doubtful because this sub -
division is essentially developed and obviously designed to be
an island without access except on Elmwood Drive and Overcrest .
Further the streets have neither curbs , gutters or storm drains
and appear to be very short lived . We submit that objection two
is without merit in view of the topography and forseeable use of
the Elmwood property and adjoining property .
We would like the opportunity of discussing the matter with you
at your convenience .
Kindest regards .
Yours very truly ,
James W . Gallman
JWG : mm
cc : Dr . John W . Vinzant
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STATE of ARKANSAS
as.
Count of Was ' gto
I, ---` -" --....-------'----"----- ------'–'------^ hereby certify that I
ODINANCE ACO. icor am the General Mana er of THE NORTHWEST ARKANSAS TIMES,
AN ORDINANCE VACATING A 6' )
' CERTAIN STREET IN ELMWOOD a daily newspaper having a second class mailing privilege, and being not
ADDITION To THE CITY of less than four published at a fixed place of
ADDITTEVD TO HE CI AB. Rages of five columns each,
WHEREAS, a Pe&tkn was duly business and at a fixed (daily) intervals continuously in the City of
filed with the Board of Directors
tof the City of Fayetteville, ArkaI Fayetteville, County of Washington, Arkansas for more than a period
geStill dayBoardf Directors of twelve months, circulated and distributed from an established place of
vacate and abandon the fonowiag business to subscribers and readers generally of all classes in the City
described street in the Elmwood
(Addition to the City of Fayett& & County for a definite price for each copy, or a fixed price per annum,
vfAn Arkansas,edst eat , which rice was fixed at what is considered the value of the
1 •last unnamed attest cemgrcitcfiig P publication,
at tae- North edge of overcreat based upon the news value and service value it contains, that at least fifty
.�
•Street. gunning thence North be-
' tween, Block a and .Lob, 1,Block percent of the subscribers thereto have paid cash for their subscriptions
�• 4. to the North edge-of said adat- to the newspaper or its A ants or through
tide:Etmi'vood Addition;Fayette- g g recognized news dealers over a
Wandim'• Ar period of at least six months ; and that the said newspaper publishers an
WHEREAS, after dueg. notice as avers e of more than fort
required by law,- the Board of DDi-
re ctors has; at the time and place I further certify that the legal notice hereto attached in the matter of
mentbaed1. the notice, heard all
pexao[r9 ;dealring to be heard on the
guest" and rasa aacertalned that
the street herNm®bove described /�( -
lb" been dedicated to the public Cll�f��sa!rr�a ?
but that othetwise used and has0.
001b etTZusedi by the publiclfoaa
verb 'of at least five years eub'x- was published In the regular dally issue of said newspaper for___ -----___--
quest to the filing of- the,plat and eeasae>aiive insertions as follows :
prior to the _filing oVthe petition; / ,
that all owners'• property abut- p _ek
ting on the ut,of t haver,f ehM The first insertion on the _____U-____ day of
with the Bo 7.
written consent 'to sail,and vacatox4�andthat the
public interemba t welfare will the second insertion on the _ _______._.___ day of __—_—_ 19--
not be adverael . `9l fected'-�by the
abandapment of; ealErsfi