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HomeMy WebLinkAboutOrdinance 2110 FILED ORDINANCE NO . a 110 FOR RECORD AN ORDINANCE VACATING AND ABANDONING AN ALLEY LOC"AT&N 13 PM 2: 27 BETWEEN HILL AND DUNCAN AVENUES , NORTH OF PUTMAN STRVAINWON COUNTY SOUTH OF TREADWELL . ARKANSAS ALMA KOLLMEYER WHEREAS , a petition was duly filed with the BoardOgt(Mg rs of the City of Fayetteville , Arkansas , asking the Board of Directors to vacate and abandon a certain alley in the City of Fayetteville , Arkansas , described as follows : A 20 foot alley running North-South in Block 5 of I . W . Duncan ' s Addition to the City of Fayetteville , bounded on the East by Lots 1 through 6 inclusive of Block 5 and bounded on the West by Lots 7 through 12 inclusive of Block 5 , and more particularly described as follows : Beginning at the Northwest corner of said Lot 1 , Block 5 at a point on the South right-of-way line of Treadwell Street , and running thence South 310 feet to the Southwest corner of said Lot 6 , Block 5 to a point on the North right-of-way line of Putman Street , thence West along the North right-of-way line of Putman 20 feet to the Southeast corner of said Lot 7 , Block 5 , thence North 310 feet to the Northeast corner of said Lot 12 , Block 5 to a point on the South right-of -way line of Treadwell Street , thence East along the South right-of- way line of Treadwell Street 20 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 ascer- tained that the alley hereinbefore described has heretofore been dedicated 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 the petitioner is the owner of all property contiguous to said alley ; and that the public interest and welfare will not be adversely affected by the abandonment of such alley . 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 , together with the rights of the public generally , in and to the aforedescribed alley in the City of Fayetteville , Arkansas , and as a condition to the closing of said alley , the City shall be held free and harmless from liability as to any claims of the contiguous pro- perty owner for damages to the .preperty .,,described herein , which damage may result from the City or other - utility companies re- moving and relocating all public utilities " lbcated in or upon said vacated alley . The City hereby retains an easement over , under , through and across the aforedescribed property for public utility and sanitary service purposes . Section 2 . A copy of this ordinance , duly certified by the City Clerk , shall be filed iii the office of' the Recorder of Washington County , and recorded° :in,,the ,deed records of the County . . afrtaik.,- Section 3 . This ordinance shall be in full force and effect from and after the time provided by law . PASSED AND APPROVED THIS _Fh DAY OF �6�•K ¢J , 1975 . APPROVED : '9 MAYOR ATTEST';'' ccs ' 897 319 �-4�= '--• h1iCROFILMED ��TT7G••CY �F2E( `% . . . . , . • ,�' DATE OCT 1 61978 REEL 1 1 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 foregoing is a true and correct copy of the Fayetteville , Arkansas , &- � ./ a //0 , therein set forth , and the same nnis as it appears of Record in Volume at Pagethereof . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this !/ day of if 'lay 'S. r..A' 1" i) o . w� x CITY CLERK p } f r . . VOL 887 320 CERTIFICATE OF RECORD STATE OF ARKANSAS SSS. Washington County I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio oxad, Jr re Washington County, do hereby certi:y •:na. :ha ann�zaC r fore- Washington on the Jfday CERTIFICATE OF RECO.: 0 gang instrurrrt991,,ent was filed for record MY - 19 at�o',lor,': �iv1 and t' 91 iso of ecord at P'd /7 State of Arkansas I SS f •' r duly recorded in City of I:ryetteville I It my hand and seal Al MA .day o�, : f, ALMA KOLLMEYE Suzanne C. Kennedy. City rC+lerk and? Circuit Clerk and ii, recorder forthe City of Fa>etteville, • + Ex•Officio Recorde - / do hereby certify that the annexed of 'fors- r GIS C/ geint: is of record in my office and toe same ap- sy pears s Ordiaance & Resolution book U at Page 3D7 Witness my day of hand atm?a�ihi�_ 19 City Clerk a Ed xn and 1 STATE of ARKANSAS 1 Ohunty of Washington I, q�l `-'^l , hereby certify that 1 ORDINANCE NO. ".u8 am th Publisher of THE NORTHWEST ARKANSAS TIMES, a daily AN UHDINANCE VACATirvG AND newspaper having a second class trilli privilege, and being not less than AHANI%INING AN ALLEY LOCATIIS R177- EM N Hn.L .AND DUNCAN AVE- four pages of five columna each, published at a fixed place of business and at NLES NORTH OF PUMAS I%'RElr a fixed (daily ) intervals continuously In the City of Fayetteville, County of AND 8011TH OF 'IRF-ADwII.I.. WHEREAS, a petition was duly Dies Washington, Arkansas for more than a period of twelve months, circulated with me Board of Directors of the City of Ftionteville, Arkansas, asking the and distributed from an established place of business to subscribers and Pnerd at Intecmre le vacate and ahem readers generally of all classes in the City & County for a definite price for - - A cerlaln alley In the Cit? of ,ttevule, Aideness. described u each copy, or a fixed price per annum, which price was fixed at what is 'AS considered the value of the publication, based upon the news value and A m tool allay running North-Sd h service value It contains, that at least fifty percent of the subscribers In Bagnis S of L. W. Ilurcan's Addition to ws C" of it"whi•vale, bounded thereto have paid cash for their subscriptions to the newspaper or Its agents an ilia last by Iota I through II or through recognized news dealers over a of Block 5 a posta In nd bomtled period of et least e1Z months ; on the Wast by Lots v through 12 and that the said newspaper publishes an average of more than forty percent ,rlug," of Block 5, and more Parti- news matter. n l a r l y described as follows: t: ap latlWe 1. Black Swett comet apoint I further certify that the legal notice hereto attached in the matter of W teeth nand runniingl thence nthzeadwea Street, for o 510 feet W the Southwest A Cor ser of said tut 8. Black 5 to a ]pint In Na Naere right-Of-w"way 110• Of _ _- the N n .9ltget, thence li the North rl we way Iln sa feel to -e fou caner of was published in the regular daily issue of said newspaper for 5. th __. . . . . . !.. said lot r, Block 5, therm North 5111 feet t1 the Northeast Comer of t%taearbE inBRPt10IN 88 follows : theLot 12, Blot- 5 In a polo[ ti- the South r. warning line of Tread- Sou .treat. -encs Said Treadwell-• The fleet insertion on the __---...__ _X—.. day of C./{�:2fx.____ South Its fact leo♦ of 7 t begs - Street 2p lee[ b we polo[ of begin- has. the second Insertion on the --------------------- day of __. 19__ WHEREAS, Wer due notices as re- quired by low, we Board of Directors, at the um• and pace wassUanad is the third Insertion on the - _._._.___- ----------- ._ day of we notice, heard all persons dsalrlaa 19.---. m he heard on the question, and has ascertained that the alley berelnbeft and the fourth Insertion on the day of described hu heretofore ben dedicalp. -- - - -___-_---,-._____ 19-..._. . to the Public me as An alley% has Eu4 been actually used by the pubte generally for a period of at least Dw S —0C n ^ – -=rs subsequent th the filing of Use -at the petitioner is the oww all DMpNV mangle as - Mid allyl ` - that the pre leo Interest Red walM Sworn to and subscribed before me on this da of not tV . Ublit rIy Aftrest Awa bv ' IPF __. y - --_-_.. Idollnrni of suCh Alle .. ,. . .,m. . .._ OR- F F ..-----_-----------.. --I-.Al— 19-!_�-__� G No Public My Commission Expires : If the in gclt for damages c 1 pmpenY suit hW herein City Or yyala l�f l mar result from the Cay m - nl Al comlicNta res localving and hon all public a alley located in [), said ins nceled `Way. The CRY der, nn I [), retains an eaaemenl aver, under. u:h and umss the ar Fees for Printing __ -- =.--(44ist-- •.sU' g _ � for public utility sanitary ly and sanita ' "cdef-siter of this modusamea. Cost of Proof _._ ...... .. ----- certified M' , , or Clerk, shall r , t led - 1 ��T.-e a the recorded in Nae 1n he Total hinrO rl t'o.,m y. And recorded In .___.—.... dead 3. Thisrdq re are County Mai �ccan ]. This effect tan Nall M In after intoe and effeCl from •rM after time pDed by IAV. PASSEDASSED AND APPROVED THIS ]b iT OF .lune, 11173. APPROVED:, Alarcon R Orion or Mgor }'I"I'E5C \%ta+breok •rk