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Home My WebLink AboutOrdinance 1878 ir > t 72 nUG 28 F" 7 " t; ORDINANCE N0 . _ 4!l; SH;1f, TfjN f I'T'Y APKANSAS AN ORDINANCE VACATING AND ABANDONING ALMA KOLL A PORTION OF THE ALLEY Ci CUIT C (. �7G. h BETWEEN DOGWOOD LANE AND MISSOURI 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 � n d day of 1,f 1972 , asking the Board of Directors to vacate and abandon that certain portion of the alley lying between Dogwood Lane and Missouri Way in the City of Fayetteville , Arkansas , more particularly described as follows , to-wit : A twenty (20) foot alley traversing the rear of Lot Four (4) and lying between Lots Five (5) and Six ( 6) , Block Two ( 2 ) , in the Goff Addition to the City of Fayetteville , Arkansas , as per plat of said Addition on file as Plat No . 393 in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County , Arkansas . WHEREAS , after due notice as required by law , the Board of Directors has at the time and place set forth in the notice , heard all persons desiring to be heard on the question and has ascertained that the portion of the alley hereinabove described was heretofore dedicated to the public use as an alley , but has not actually been used by the public for a period of many years ; that all of the owners of property adjoining and abutting upon said portion of alley to be vacated have consented to this abandonment ; and that the public interest and welfare will not be adversely affected by the abandon- ment of said portion of alley . 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 rights of the public generally , in and to that certaain port- ion of alley between Dogwood Lane and Missouri Way more particularly described as follows , to-wit : A twenty ( 20) foot alley traversing Lot Four (4) and lying between Lots Five ( 5 ) and Six (6) , Block Two ( 2 ) , of the Goff Addition to the City of Fayetteville , Arkansas , as per plat of said Addition on file as Plat No . 393 in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County , Arkansas . DEED 83 '1 PAGE Oil DATE OCTC1 s 1978 a REEL)� SECTION 2 : That the City of Fayetteville , Arkansas , hereby reserves a public utility easement in and to that portion of the above described alley , which easement is fifteen ( 15 ) feet in width , being 7 - 1 / 2 feet either side of any public utility located on , over , across , or below the above described alley on the effective date of this Ordinance . SECTION 3 : Property comprising said portion of said alley shall become the property of the abutting property owners in accordance with law . SECTION 4 : A copy of this Ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of Washington County for record in the Deed Records of the County . SECTION 5 : This Ordinance shall be in full force and effect from and after its passage , approval and publication . PASSED AND APPROVED this lot day of �� 1972 . APPROVED : oe/ i Mayor v / ATTEST : WZ&V �(4 Helen Young , y ClIk DEED 831 PAGE. 81 ti CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I . HELEN YOUNG , City Clerk within and for the City of Fayetteville , Arkansas , do hereby certify that the annexed and foregoing is n/a -� t'�rue and correct copy of the Fayetteville , Arkansas , (Ull�'jmnm( v , 21 , a2 , therein set forth , and the same is as it appears of Record in Volume at Page qpW thereof . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this a/dC/2 day of 19 . .�0� fAYflrf` ' ♦ •' + CITY CPERK .. 11 OEEO 837 PACE 82 CERTIFICATE OF RECORD State of Arkansas ( City of Fayetteville ( SS I, Suzanne C. Kennedy, City Clerk and Ex-Officio recorder for the City of Fayetteville, do hereby certify that the a e:»se;l or f,3re- goinP. is of tro; ? i•1 my c"F.,e :: :d t"ie sa:n ' ap- Mors i t O i.T...... A, 6t.: ' .)i;lti t❑ book dd SiL' RTIFICATL OE REC C City C . . .. .._. u , eCOrder and ille, 4-1 • CitY::�leik�stiid=E:r iJ.If•ii; I;ecorder CERTIFICATE OF RECORD STATE OF ARKANSAS Washington County 1 SS. I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for Washington Count , going Y do hereby cerr,'Y that tha g instrument was filed for re,, annexed Cr fore. of o d in my of'ice on ¢'Q( thQ�day, duly record din Jl :.��ig —`oclork M, and the Witness —'�`x' ----record sort1Ge�s my hand and seal thisday f at paga W o A KOL ) 9 EYE Circuit Clerk and Ex-Officio Recorded BYr Deputy Clerk STATE of ARKANSAS County of Washington as. 1, _. (`/` 1 l • 0q.W1 _ , hereby certify that I ORDINANmp NO. elm am the RubIl er of, T NORTHWEST ARKANSAS TIMES, a daily .AN ORDINANCE VACATING AND ARAN- t7 KKOIrHNC, A 1roRTIore of THE nt1.EY newspape having a second class mailing privilege, and being not lase than HETWEFN DOGWOOD UNE AND ails. SOVRT WAY IN THE CITY OF FAY- four pages of five columns each, published at a fixed place of business and at LITEt . ARKANSAS a fixed (daily ) intervals continuously in the City of Fayetteville, County of WHEREAS a petition was duly filed , with as? cit Beard a Directors Of the y Washington, Arkansas for more than a period of twelve months, circulated d Fa Judge, Arkansas. on Ba ard and distributed from an established place of business to subscribers and day a lune. 19TL, ansas. tot thertl a Directors to .acute and abandon Mat readers generally of all classes in the City & County for a definite price for certain Portion a use alley Irina be- tween chrtred Lade and etissouri wav each copy, or a fixed price per annum, which price was fixed at what is in the City of Fayetteville, Arkansas, considered the value e more particularly described as follow,, vof thpublication, based upon the news value and to.wil service value it contains, that at least fifty percent of the subscribers A twenty t root alley [reversing the thereto have aid cash for their subscriptions to the newspaper or its agents rear nt Lot Four they and ging tbit.he P P tweed nos Five (s) and sir (s), Block or through recognized news dealers over a period of at least six months : Two. (?), in the Oepf Addition to me Oty of Fa> euevtue, silk , as Per and that the said newspaper publishes an average of more than forty percent Plat of said Addition " file as net news matter. Net 393 in the office of the Circuit Clerk And L1.0111ciu Recorder of waffi- olfon County, Arkansas. I further certify that the legal notice hereto attached in the matter of WHEREAS, atter due notice as tepuircd hr law, the Board Of Directors has at /� �� /�f '�f , [, �J me da and pone del forth In the notice. _--� �i��l:LA1C< /Ir• `�`-� IS / S heard all Persona designing ascertained er be beard th Me Westin and Ma btMn that _ _ .._ the ed " of the Ailey hereinabove de- scribed was herctaorc dedlmted to me . Public use as an alley, but has bet aa ' was published in the regular daily issue of said newspaper for twnv been used tee for consecutive insertions as follows : d a many veea rs: Matt period! dF W Mea rt n! p certv adtoin ing 11fd abul- vr,I1:nn of 4 - - ThY9md- The first insertion on the __.� _ _.. day All ' • P v of he ad ' e6 faded h- the abanduealnif ralfI Wo the second insertion on the - day of ____ .. ___ _. _ 19___.._..- hon or alley. Now, TintlREFORE, INC. tr OR- DAINED BY THE BOARD of DoE(•- the third insertion on the -____- day of 19___._._._._ TORS OF THE CITY OF FAYE TE- PILLS, ARKANSAS: eocmON I: Thi City x Fayenemna and the fourth insertion on they of __. - - 19--------- Arkansas, herebv relestles. vacates, and - y ----__--_ abandons ail its rights, together with /� Rota a the Pui pnersliv. in and �/ /� 1 'n that certain portim Of alley between 0�rl C V ' \� ' ngwmd y de and Masoud War more -"• vinA awe ' flatbed as IIA, tee to-wit: I t ir twenty A pmt ellry traversing ret Four A And ItIng between Lot, Sworu to a d subscribed before me on this Piro (51 and Aix ion to the Two f2v, - - - -------------- dBy O1 _--.__.__ F the OaN Addition b the City of Fayetteville. odguArkansas. as Per plat of said Addition m ole as Plel No. and 19 •'l _ E the otrine Recorder Me Ciof Clerk and .._..._.__ ___ _ . .__.._____ —_______ L Ex-0tturr : Thatof Washington ��T� Counh'. Aroul SEille. a That the Coy er Fey- Publille, Arkansas, hereby reserves a --_ _ - ___--_- ---1-j---------------_-----_ Public utility eaAbovet a end to that No ublic which a Me above described eller, width being 7 f fifteen IIA het in width. Beit rh het inner side of env Public ut➢fry heated m, over atm do My Commission Expires: fir below lee above descrilwd entry on , the effective doh er this Ordinance. .SE(n1TON g: Pall" v elf become said nnrWr a Yid alley shall become then -- "o in c Me 1hlth i property nwn- , i n accordance with In th srxrf'fON 4: A cpD>' of thisOrdinentt 111:Y certified by the Cny Clerk :ball y p he riled In the mho of the Re Larder Fees for Printing _..-._ =--41.6 . g of Washington County for rseprd in use Deed Records of the County. SEr`CIOV S: This Orduunu shelf he Cost of Proof ---------------- _._________....__. 'n NII force and effect frgp and after art passage, approval and JYhgetion. PISSED AND APP R04'Ep llils tet day ; Total --------------- _QU SS M August. it Y APPROVII � bdt d . ]OE FRED "AWi[, asaybr ITTl:ST: HPlen Young, 0OM1Clerk itc