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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