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
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