HomeMy WebLinkAboutOrdinance 2089 7
ILED
FOR RECORD
ORDINANCE NO , c`Z089
'75 qAR 17 Pp V. 57
AN ORDINANCE VACATING AND ABANDONING CERTAIWACOUNTY
IN J . H . MCILROY ' S UNIVERSITY SUBDIVISION TO THE aLi�tEYER
FAYETTEVILLE , ARKANSAS . CIRCUIT L'AEY
WHEREAS , a etition was duly filed with the Board of
Directors of the City of Fayetteville , Arkansas , on the 31st
day of January , 1975 , asking the Board of Directors to vacate
and abandon certain alleys in the City of Fayetteville , Arkansas ,
described as follows :
Beginning on the East line of Ozark Avenue at
the Southwest Corner of Lot 31 , Block 1 , J . H .
McIlroy ' s University Subdivision of a part of .
the Southwest One-Fourth of the Northwest One -
Fourth of Section 16 , in Township 16 North , Range
30 West , in the City of Fayetteville , Washington
County„ Arkansas , as shown by the plat of said
Subdivision filed April 1 , 1927 , and recorded in
the Office of the Circuit Clerk and Ex -Officio
Recorder in and for said County and running thence
East one hundred and seventy- six ( 176 ) feet to an
intersection with an alley which runs North to
South ; thence South fourteeen ( 14 ) feet ; thence
West one hundred and seventy- six ( 176 ) feet ; thence
North fourteen ( 14 ) feet to the point of beginning ;
ALSO , beginning at the Southeast Corner of Lot 31 ,
Block 1 , J . H . McIlroy ' s University Subdivision of
a part of the Southwest One -Fourth of the Northwest
One-Fourth of Section 16 , in Township 16 North , Range
30 West , in the City of Fayetteville , Washington
County , Arkansas , as shown by the plat of said Sub-
division filed April 1 , 1927 , and recorded in the
Office of the Circuit Clerk and Ex-Officio Recorder
in and for said County , and running thence North four
hundred and fourteen ( 414 ) feet to a point on the
South line of Lot 8 , Block 1 , in said Subdivision ;
thence East fourteen ( 14 ) feet ; thence South four
hundred and fourteen ( 414 ) feet to a point which
is the Southwest Corner of Lot 52 , Block 1 , in said
Subdivision ; thence West Fourteen ( 14 ) feet to the
point of beginning .
WHEREAS , after due notices as required by law , the Board
of Directors , 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 ( 5 ) years subsequent to the filing of the
plat ; that the petitioner is the owner of all property contiguous
to the said alleys ; 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 . That the City of Fayetteville , Arkansas ,
hereby releases , vacates and abandons all its rights , to-
gether with the rights of the public generally , in and to
the aforede scribed alleys in the City of Fayetteville , Ar -
kansas , and as a condition to the closing of said alleys ,
VOL 682 345
pAiCR�FOCT 1 61978
DATE-�`
R��` �
the City shall be held free and harmless from liability as
to any claims of the contiguous property owner for damages
to the property described herein , which damage may result
from the City or other utility companies removing and relo-
cating all public utilities located in or upon said vacated
alleys .
Section 2 : A copy of this Ordinance , duly certified
by the City, Clerk , shall be filed in the Office of the
Recorder of Washington 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
1975 .
APPROVED :
MAYOR
ATTEST :
CITY CLERK
CERTIFICATE OF RECORD
State of Arkansas ( SS
City of Fayetteville
I, Suzanne C- Kennedy, City Cfar% and
Er-Officio recorder for the City of Fre y ettevflle,
do hereby certify that the anner:e:l rr f'-,re-
going is of record in my office and G';c t-Mm, a•p-
peurs ,in\ O/rdviauce & Resofudotr book
�/ at page. VvIftl'e sn nig
bnd and seal this _ _.day of
CERTIFICATE OF RECORD
City Clerk ard: Ii f?Yftcii:: nr, r, i ;r
STATE OF ARKANSAS ) SS.
Washington County
I, Alma L. Kollmeyer, Circuit efertify thk and at the annexed orefore-
Washington County, do herebyday
going instrument was filed for rec�ojrod in my
Band the ssv e;,
04 1cS/�atL_-_ 'clock
at age3
record at
witduity rss my hand
day of
witness my nand and seal thisl&l MA KQ LMEYEh
circuit Clerk and
Ex-Officio Recorded
Deputy Clerk
'VoL' 882 346
i
CERTIFICATE
STATE OF ARKANSAS )
CITY OF FAYETTEVILLE )
I . DARLENE WESTBROOK, City Clerk within and for the City of
Fayetteville , Arkansas , do hereby certify that the annexed and a
foregoing is a true and correct copy ' of the Fayetteville ,
Arkansas , (�j� �� u a�rc_p a� ao 3? 9 , therein set forth ,
and the same is as it appears of Record in
Volume S V
at Page thereof .
IN WITNESS WHEREOF , I have hereunto
set my hand and affixed my official
seal this day of
197 .
iA '. �� : CITY CLERK
' S
VOL 882 347
STATE of ARKANSAS 1
AN ol VAWIINtw. ieq a
Arm County of Washington
AHA 4ffiCTTAILCYR ml ^
D
. my I, ! __ hereby certify that I
ofith am thl Publisher of THE NORTHWEST ARKANSAS TIMES, a daily
OM
say ,aylq tee Hoerr newspaper having a second class mailing privilege, and being not less than
or y of ehaotlo0 can four pages of five columns each, published at a fixed place of business and at
Arknesslain alk" n the City a Falauavlllr,
Beglau Y, mumu Y faro..; a fixed (dally ) intervals continuously in the City of Fayetteville, County of
sem m Net r» a Ozark
A �rl�timon�y Washington, Arkansas for more than a period of twelve months, circulated
su .'e-peat-af -toe othre"eat and distributed from an established place of business to subscribers and
one-Ftettq•af tee ft2nes pY-Founh readers generally of all classes to the City & County for a definite price for
of
Range
lest t City or North, each co p per annum, which price was fixed at what is
Range 90 West, d Its Cly a North, copy, Or a fixed rice
tevwe. Washinplm 611111b, Ariesal as considered the value of the publication, based upon the news value and
shown by one Plat at ftp 6ubgvisket
filed April 1, 19ff, rd eoorge . In the service value 1t contains, that at least fifty percent of the subscribers
orrice of the arcet Cot am aadf icm thereto have paid cash for their subscriptions to the newspaper or its agents
Recorder In and far said County and
running thence East one hundred and or through recognized news dealers over a period of at least six months ;
sevewith nsir OIs) rest to o hto Sia ° and that the said newspaper publishes an average of more than forty percent
with an alley which runs North er 60Pth;
thence South fourteen (14) fog; .thence news matter.
West one hundred and seventy-ex (176)
feet : thence North er; n (14I I further certify that the legal notice hereto attached in the matter of
lug:rtYI
to the point of es
ALSO. beginning at the 3oelkme
Corner of tut 31. Block 1, J. H.
Mellmv's University Subdivision of a vt /9
part of the Southwest One-fourth Of / �Y � -��----.- -7 / /1 _ - _d --?-------------------__—.---.--..._
pa Northwest one-Fourth h of Sectkar - --.. - J--<f..L
16, in Township 1s Narth, Ran" 70
West. in the City or Fayettevmr,
Washington County, Arkansas, as shorn was published in the regular daily issue of said newspaper for..___ __.-_
by the plat. n "Id Subd,it ]nihe [fW gaw�a fnsertiont as follows :
Apel t,Circuit
are ttt and
in the office Re.
Of tie Cn an Clerk and ECounty, a! �� �J
curler m and for said county, and The first insertion on the �.� ._. day of _�C= 4ed 19- 7, —
rummg [hence eel t four intlr , m0 -- -
fourteen (4 of feet b l point op sthe
aid
South line of Lot s, Block f 1.r In Ytl
reset:Subdism Nercr, Eau hundred am the second insertion on the ______ day of -__. 19----------_
feet: thence So at fou hundred sad
fourteen (414) roe m e point w6nh
Is the Southwest Corder or int jr, the third insertion on the __ __-____. day of _ 19----------..
West o In Subdivision:t [point
Rest Fourteen `(lI) feet to the pint
g.
u ed by
, the
et moot and the fourth insertion on the .._. ...../_�--�-. _ y pf ---------
WHEREAS. ._
hLime
after, due potents Y /V,'
quored by law, ter due L of Dfrast is-
at Me time qa m 4, 1
the a pea heard kti Versions dislifft
to be heagd tL the. puestiop
aecertnetl Ve the alleys herehl�
desCrtb(heH trywto! )tetpto(pN been ddlep���aep 7
nuhbc tel a. e:Lpya: users al Sworn to and subscribed before me on this 4e day of
"on ditnshy use - -
W' the pupllc
generally tor • period of it jests
Mu avo
;l , at ; & the
in Me filing e
the plat ; that the petitioner is the Owner
said w4. _----_-_- 19_�Z
of as property rheUpubli to the acts ""-.._-"-".._...._..._-_-"—_-"""""—
alleys; and l n t the adversely
elyainterest and
welfare the will not he adversely eveotod
b.N the abnndanmem a such Carr.
NOW, T'IrEREFtlRE, ]ns TT ORDAIN- Q .-_—_--_..---_.
En BY Roe RD OF mREm-ORS N y Public
OF THE CITY OF FAYLTI�VD '
A P.KANSAa:
Section 1. That the City or fayetteville.
Arkansas, hereby releasers, vacates and My Commission Expires :
ahandnns all its rights. Weather with
the rights of the public generally, in _
and to the eforville. Arkansas,
alleys n its
Ory of Fayetteville.closing
of said
and Y _-.---_---- -(—,J �•/---
a conditionitshall
ll the held
fre of said alleys,
the " shall be heli free ands of the from liability as to any claims of the
•ontiguow Ptoperb owner for damages Fees for Printing
to the ProPerty described herein, which
damage may result from Ne City is.
other utility companies removing and ..
PRIM&Umt all Public uti ities located n Cost Of Proof . .. .......... _-- ---------------------
or upon said vacated alleys. I
Sam = a A top.filed
a this a• Total _ -
dinam duty c e r t i f i e d by the -----^-- ---
City Clerk, shall be nlyd In the Oma
of the ReroMer of Washington Comfy
are recntdM in the Deed records of
the County.
Sectim 7. This Ordinance shall be
in full force and effect from and after
is p6aWge, aPproral and publication.
Passed and approved this 4th day of
%larch, Inn.
Approved
Mann R. Orton
Attest : Mayor
Darlene Westbrook
City Clerk
llc 15