HomeMy WebLinkAboutOrdinance 2182 I
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ORDINANCE NO , a /�� SH'.i :Grr. ! C J:IT'i
AN ORDINANCE VACATING AND ABANDONT,14dk_ i`%' '� Yk�
A PORTION OF STREETS AND ALLEYSf 1. ' ` `' " \
LOCATED IN FERGUSON ' S ADDITION
TO THE CITY OF FAYETTEVILLE , ARKANSAS
WHEREAS , a petition was duly filed with the Board of
Directors of the City of Fayetteville , Arkansas , on the 13th day
of October , 1975 , asking the Board of Directors to vacate and
abandon the following portions of streets and alleys located in
Ferguson ' s Addition to the City of Fayetteville , Arkansas , to -wit :
A portion of a sixteen ( 16 ) foot alley lying West
of Lots 1- 6 inclusive , Block 20 in Ferguson ' s
Addition to the City of Fayetteville , beginning at
the Southwest Corner of Lot 6 in Block 20 in
Ferguson ' s Addition to the City of Fayetteville ,
thence West Sixteen ( 16 ) feet , thence North to the
South boundary line of Seventh ( 7th ) Street , thence
East Sixteen ( 16 ) feet to the Northwest Corner of
Lot 1 in Block 20 in Ferguson ' s Addition , thence South
to the point of beginning .
A portion of West Avenue beginning at the Southwest
corner of Lot 2 in Block 15 in Ferguson ' s Addition
to the City of Fayetteville , thence North to a point
where the West line of Block 14 in Ferguson ' s
Addition intersects the East line of the St . Louis -
San Francisco Railway right -of-way , thence in a
Southwesterly direction along said right-of -way to
a point Sixty ( 60 ) feet West of the Southwest Corner
of Lot 16 in Block 14 in Ferguson ' s Addition , thence
South to the Southeast Corner of Lot 6 in Block 20
in Ferguson ' s Addition , thence East Sixty ( 60 ) feet
to the point of beginning .
A portion of Seventh ( 7th ) Street beginning at the
Southeast Corner of Lot 15 in Block 14 in Ferguson ' s
Addition to the City of Fayetteville , thence West to
the Southwest Corner of Lot 15 in Block 23 in
Ferguson ' s Addition , thence South Fifty ( 50 ) feet ,
thence East to the Northeast Corner of Lot 1 in
DATEO � 6 1975
Block 15 , thence North to the point of beginning ,
less and except that portion of Seventh ( 7th ) Street
previously closed by Ordinance No . 1748 .
An unnamed Thirty ( 30 ) foot street beginning at the
Northwest Corner of Lot 16 in Block 14 of Ferguson ' s
Addition to the City of Fayetteville , thence North
to the St . Louis- San Francisco Railway right-of -way ,
thence in a Northeasterly direction along said right-of -way
to the point where the St . Louis -San Francisco Railway
right-of -way intersects the former Great Pacific and
Eastern Railway right-of-way , thence in a Southeasterly
direction along said right-of-way to the North line of
Seventh ( 7th ) Street , thence West Thirty ( 30 ) feet ,
thence in a Northwesterly direction along the East line
of Lot 16 in Block 14 of Ferguson ' s Addition to the
point of beginning .
An unnamed Thirty ( 30 ) foot street starting at the
Northwest Corner of Lot 6 in Block 15 in Ferguson ' s
Addition to the City of Fayetteville , thence East to
a point Thirty ( 30 ) feet West of the right-of-way of
the former Great Pacific and Eastern Railway for a
point of beginning , thence in a Southeasterly direction
along a line parallel to said right-of-way to the West
line of School Avenue , thence North to said Great Pacific
and Eastern Railway right-of-way , thence in a Northwesterly
direction along said right-of -way to the South line of
Seventh ( 7th ) Street , thence West to the point of beginning .
Beginning at a point Ten ( 10 ) feet South of the
point of intersection of the South line of
Sixth ( 6th ) Street (U . S . Highway 62 ) , with the
West line of Lot 11 in Block 14 of Ferguson ' s
Addition to the City of Fayetteville , thence South
and Southeasterly along the West line of Lots 11 ,
12 , 13 , 14 and 15 in Block 14 to the South line of
Seventh ( 7th ) Street , thence West Thirty ( 30 ) feet
to the right-of-way of the former Great Pacific
and Eastern Railway , thence in a Northwesterly
direction along said right-o£ -way to a point Ten ( 10 )
feet South of the South line of Sixth ( 6th ) Street
( U . S . Highway 62 ) , thence East to the West line
of Lot 17 in Block 14 , thence Southeasterly along
the West line of Lot 17 to the Southwest Corner of
said Lot 17 , thence North along the East line of
Lot 17 to a point Ten ( 10 ) feet South of the South
line of Sixth ( 6th ) Street (U . S . Highway 62 ) , thence
East to the point of beginning .
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DEED 899 38
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 streets and alleys herein-
above described has heretofore been dedicated to the public
use as streets and alleys ; has not actually been used by the
public for a period of many years ; that all of the owners of
the property adjoining and abutting upon the streets and
alleys to be vacated have consented to the abandonment , and
that the public interest and welfare will not be adversely
affected by the abandonment of such streets and alleys .
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 of its rights , together
with the rights of the public generally , subject to reservations
and utility easements in and to the streets and alleys , described
as follows , to-wit :
A portion of a sixteen ( 16 ) foot alley lying West
of Lots 1- 6 inclusive , Block 20 in Ferguson ' s
Addition to the City of Fayetteville , beginning at
the Southwest Corner of Lot 6 in Block 20 in
Ferguson ' s Addition to the City of Fayetteville ,
thence West Sixteen ( 16 ) feet , thence North to the
South boundary line of Seventh ( 7th ) Street , thence
East Sixteen ( 16 ) feet to the Northwest Corner of
Lot 1 in Block 20 in Ferguson ' s Addition , thence South
to the point of beginning .
A portion of West Avenue beginning at the Southwest
corner of Lot 2 in Block 15 in Ferguson ' s Addition
to the City of Fayetteville , thence North to a point
where the West line of Block 14 in Ferguson ' s
Addition intersects the East line of the St . Louis .
San Francisco Railway right-of -way , thence in a
- 3 - DEED 899 39
Southwesterly direction along said right-of -way to
a point Sixty ( 60 ) feet West of the Southwest Corner
of Lot 16 in Block 14 in Ferguson ' s Addition , thence
South to the Southeast Corner of Lot 6 in Block 20
in Ferguson ' s Addition , thence East Sixty ( 60 ) feet
to the point of beginning .
A portion of Seventh ( 7th ) Street beginning at the
Southeast Corner of Lot 15 in Block 14 in Ferguson ' s
Addition to the City of Fayetteville , thence West to
the Southwest Corner of Lot 15 in Block 23 in
Ferguson ' s Addition , thence South Fifty ( 50 ) feet ,
thence East to the Northeast Corner of Lot 1 in
Block 15 , thence North to the point of beginning ,
less and except that portion of Seventh ( 7th ) Street
previously closed by Ordinance No , 1748 .
An unnamed Thirty ( 30 ) foot street beginning at the
Northwest Corner of Lot 16 in Block 14 of Ferguson ' s
Addition to the City of Fayetteville , thence North
to the St . Louis -San Francisco Railway right-of-way ,
thence in a Northeasterly direction along said right-of-way
to the point where the St . Louis -San Francisco Railway
right-of-way intersects the former Great Pacific and
Eastern Railway right-of-way , thence in a Southeasterly
direction along said right-of-way to the North line of
Seventh ( 7th ) Street , thence West Thirty ( 30 ) feet ,
thence in a Northwesterly direction along the East line
of Lot 16 in Block 14 of Ferguson ' s Addition to the
point of beginning .
An unnamed Thirty ( 30 ) foot street starting at the
Northwest Corner of Lot 6 in Block 15 in Ferguson ' s
Addition to the City of Fayetteville , thence East to
a point Thirty ( 30 ) feet West of the right-of-way of
the former Great Pacific and Eastern Railway for a
point of beginning , thence in a Southeasterly direction
along a line parallel to said right-of-way to the North
line of E:rghth Street thence . Eas't'. to said Great Pacific
and Eastern Railway right-of-way , thence in a Northwesterly
direction along said right-of-way to the South line of
Seventh ( 7th ) Street , thence West to the point of beginning .
Beginning at a point Ten ( 10 ) feet South of the
point of intersection of the South line of
Sixth ( 6th ) Street ( U . S . Highway 62 ) , with the
West line of Lot 11 in Block 14 of Ferguson ' s
Addition to the City of Fayetteville , thence South
and Southeasterly along the West line of Lots 11 ,
12 , 13 , 14 and 15 in Block 14 to the South line of
Seventh ( 7th ) Street , thence West Thirty ( 30 ) feet
to the right-of -way of the former Great Pacific
and Eastern Railway , thence in a Northwesterly
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direction along said right-of -way to a point Ten ( 10 )
feet South of the South line of Sixth ( 6th ) Street
( U . S . Highway 62 ) , thence East to the West line
of Lot 17 in Block 14 , thence Southeasterly along
the West line of Lot 17 to the Southwest Corner of
said Lot 17 , thence North along the East line of
Lot 17 to a point Ten ( 10 ) feet South of the South
line of Sixth ( 6th ) Street ( U . S . Highway 62 ) , thence
East to the point of beginning .
Subject , however , to an existing utility easement as required by
Southwestern Bell Telephone Company , and subject , however , to
an existing electric utility easement as required by Arkansas
Western Gas Company ,
SECTION 2 : The City of Fayetteville hereby reserves
easements on , over , across , and under the above described streets
and alleys to construct , lay , remove , relay , enlarge , and operate
water and/or sewer pipe lines .
SECTION 3 : As a condition to the abandonment of said
alleys , the City shall be held free and harmless from liability
as to any claims of the continguous property owners for damages
to the property described herein , which damage may result from
the City , or other utility companies removing and relocating
public utiltiy lines located in or upon said vacated streets
and alleys .
SECTION 4 : Said utility easements shall be for the benefit
of the electric power companies , telephone companies , gas com-
panies , and the City of Fayetteville , Arkansas , provided , however ,
that upon abandonment by said utility companies , and by the City
of Fayetteville , said property shall become the property of the
abutting property owners .
- 5 -
[DED 8JL
SECTION 5 : A copy of the ordinance duly certified by the
City Clerk shall be filed in the office of the Recorder of the
County and recorded in the Deed Records of the County ,
SECTION 6 : This ordinance shall be in full force and
effect from and after its passage , approval and publication .
PASSED AND APPROVED THIS 6�m DAY OF JANUARY , 1976 ,
APPROVED :
Marion Orton , MAYOR
ATTEST :
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a WeskUA � Y CLERK
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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 isa, true and correct copy ' of the Fayetteville ,
Arkan. m as , AAI. , ¢ therein set forth ,
and the same is as it appears of Record. in ,•
Volume
at Page thereof .
i
IN WITNc;SS WHEREOF , I have hereunto
set my hand and affixed my official j
seal this &A day of }
ItS F A L ) l X! Ao > Aae � n_ ae �
i A Y f ! jf • CITY CLERK
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CERTIFICATE OF RECORD
STATE OF ARKAMSAS I
Washington County SS.
I' AI^ta L. Kolhnoyer,,Circuit Clerk Washin5ton COun
Bol^8 tru �' dO hereby cert and Ex-prylcio Recorder for
or Un was r rc Y that tha a ed or
ile/� cor i��ppJJ,,In tficennex /[/fOre-
. duty re ed in 19/ clbck on theNday
M• a^ the sa
o` �Yltand recortl me is
and seal this �c at PaBa
- ��gY of
,y.. ,Circuit Clerk and
01 c•Officio Recor ed
.� Deputy Clerk
CERTIFICATE OF RECORD
State of Arkansas
City Of huyctt.:eillo � SS
L Sa aline C. Kaave,ll'T City Clerk and
Ea-Off% io recon ler for the City Of 0�;tyettecille,
do herchy certifyt
tI .. t .
ie a:uloee. ! or fore-
goi.t is of record in my of`ice aad tete same ap-
pears in Ordinance F3 RlaIsolution hoot
V :a Pane T2� Witness my •
hand and seal this (lay of
City Clerk and Ex-Officio R— ecorder
• F—. - ORDINANCE NO. =D9- -
rA/ -10RDINANCE VACATING ' AM
f l+ - ARANO9NI}Pc' ' Its.- STATE of ARKANSAS 1
ef^ !a[IION OF J}
AGUSO 88.
To . T D CI F1:RGCSON•S AD COUII[y OI Washington
Ip. 11; QIY OF FA
ARKANSAS 1
WHEREAS , penn tk, was duly Oad H
with the BSwwlydd of Directors of the C4
of Fareeterille, Arkaral oq: the tae I, _. . _ _ . hereby certify that I
day of October. 1975, aatl9rd
a,}be Boa
a pirectors to vacate and, aLaedw the am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily
falfalor ;Ldit toms d streets ane ) bre newspaper having a second class mailing privilege,
vi m cions ,n'x sets an n, meand being not leas than
[our pages of five columns each, published at a fixed place of business and at
a fixed (daily ) intervals continuously in the City of Fayetteville, County of
Washington, Arkansas for more than a period of twelve months, circulated
and distributed from an established place of business to subscribers and
readers generally o1 all classes In the City & County for a definite price for
each copy, or a fixed price per annum, which price was fixed at what is
considered the value of the publication, based upon the news value and
service value It contains, that at least fifty percent of the subscribers
thereto have paid cash for their subscriptions to the newspaper or its agents
1�' ) or through recognized news dealers over a
g period of at least six months ;
and that the said newspaper publishes an average of more than forty percent
^F ' news matter.
I .r
„n I further certify that the legal notice hereto attached in the matter of
aid
l
ritio m a,viot: was published In the regular daily issue of said newspaper for---------
A A portion of Seventh t7lCo Corner
Dat 15i in at the southeast (kmnrr of i'eRRswtive insertions as follows :
`. % tteville,uson Adds
n Block 11 in eaevdle, thp)co - //
,rn t? comer of - 1.oN The first insertion on the __-4-Oil-._.--_ day of
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tin ci real
on's Add n.
U) fall.
, r .rr of Wt , the second insertion on the _.-_.. .. . —-------- 19------
gin, M. les
___. dal of ..__-.._
n1 ax pt ,
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III Street the third Insertion on the ______..._.___.. dal of 19------
s at .
hegonan
at the NrntNwest comer a. and the fourth insertion on the --------------------- dip of .-._.._---__--------_ 19_--.---_-.
Lot 19 in BI1pp9e�t 14 of EWryyW�e rM' .
tion to the 9 lel Fayett`e%' 1 e //y���
Kar[h to the St_ LnuieSan Francisco a [V /t- f
•rh. . re St o T.V/�« VLIV L(/MVN�
,id, 10
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-r Sworn to and subscribed before me on this _ .... day of __—---------
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N'nrowest Comer sof NO Public
r r , Fergeeon's Aid&
,reettrrl theme
6 lam feet west My Commission Expires :
direction to line teacl;:�t� right-"ay to the
West woe ��� ✓/
fi of
said cant islrs•
way dow- �swl
�. Weave a lldrttr Fees for Printing ------- $.
�t�pr d4eeYtar: n1eeR ad& IdO -01- .._-L2
. bandanas
Mast 40 the 9oodl of Cost of Proof S.
3D=X at a tholl Tint (19) fact X,a4
Sow of all Polar Ir alleffiesiction of 61 D
the 9atAh - '.1d1�tR -(9th) Street Total _------------- __._..
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to a -print Ten ( Ir)) [eel South
ah r(id) Street
¢r Elft to
I I, Block 14,
.. .. tI0JWId.IIJI1 I i the West
-_ next Corner
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