HomeMy WebLinkAboutOrdinance 2260 nFiLED
01 R
ORDINANCE NO , 0 v r� �+ `.
676 AUG 12 AW 8: 48
AN ORDINANCE VACATING AND ABANDONING AN ALLEY LOCATED
IN BLOCK SEVENTEEN OF THE ORIGINAL TOWN ADMN P� LV'AkYCITY
OF FAYETTEVILLE , ARKANSAS , ALMRM� KIAJAS {�
WHEREAS , a petition was duly filed withA KOLLMEYER
6the17Boar of
Directors of the City of Fayetteville , Arkansas , on the fourteenth
day of July , 1976 , asking the Board of Directors to vacate and
abandon all that portion of an alley designated on the plat of
the original town addition to the City of Fayetteville , Arkansas ;
and
WHEREAS , after due notices as required by law , the Board
of Directors has , at the time and 'place mentioned in the notice ,
heard all persons desiring to be heard on the question and has
ascertained that the alley or the portion thereof , hereinafter
described , has heretofor been dedicated to the public use as a
street herein described ; has not been actually used by the public
generally for a period of at least five years subsequently to the
filing of the plat and is not needed for public purposes ; that
all the owners of the property abutting upon the portion of the
alley to be vacated have filed with the Board of Directors their
written consent to such abandonment ; and that 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 Board of Directors hereby releases ,
. vacates and abandons all its rights , together with the rights of
the public generally , in and to the alley designated as follows :
Beginning at the Northwest corner of lot # 10 in Block 17
in the Original Town addition of Fayetteville , Arkansas ,
and proceeding South 160 ' 10 " to a point of beginning :
thence South 10 feet ; thence East 160110 " , thence North
10 feet ; thence West 160 ' 10 " to the point of beginning .
Subject , however , to existing utility easements .
Section 2 , The City of Fayetteville hereby reserves a
utility line easement on , over , across , and under the above
described alley to construct , lay , remove , relay , enlarge and
operate public utility lines ; said utility easements shall also
be for the benefit of the electric power companies , telephone
companies . and gas companies .
Section 3 . As a condition to the abandonment of said alley ,
the City shall be held free and harmless from liability as to
any claims of the contiguous property owners for damages to the
property described herein , which damage may result from the City ,
or other utility companies removing and relocating public utility
lines located in or upon said vacated alley .
Section 4 . A copy of this 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 .
PASSED AND APPROVED THIS Sfd.,dDAY OF , 1976
APPROVED :
' tAY ( •
ti4 a LD7U I,[L—L.ILf
h R
o ATTES3' :
CX � (U�� K 913 03
CITY CLERK MI WALMED
DATE OCT 1 6 1978
REB. >�
CERTIFICATE OF RFC06 `
State of Arkansas ( SS '
City of 1'aycticvi:le
I, Suz.nne C: Kemief; y, Cit• C! :rk and
• Ex•Offieiorocoiiierfort!1eCity .f 'r::yetce .•iile,
do hereby certify that the anneNed or fore-
gning is of record in my office and the same ap-
peurs in Ordinance Ce Resolution book
V at page I S I Witness my
j hand and seal thisdr':of
19
City Clerk and i:: :i_ `: . io ;r
RIGHT OF WAY GRANT
STATE OR ARKANSAS )
ss TRACT NO . 17- B
COUNTY OF WASHINGTON )
That for and in consideration of One Dollar ( ^$1 . 00 ) and other good
and valuable considerations , the receipt of which is hereby acknowledged ,
LEWIS LAND COMPANY
does hereby GRANT, SELL AND CONIFEY unto the Housing Authority of the City
of Fayetteville , Arkansas , its successors and assigns , the right of way
and easement to construct and maintain . an alley on the
following described real estate , to-wit :
Lot # 10 in Block 17 original City of Fayetteville , Arkansas .
Said portion being more particular described as follows :
The Eastmost 5 feet of said property described as follows : Beginning at a
point 5 feet West of the intersection of the North and East property lines
of the above described property thence South along a line parallel to said
East property line a distance of 160 feet to a point on the South property
line . Thence easterly 5 feet to a point at the Southeast corner of the
property thence Northerly 160 feet to a point at the Northeast corner at
Meadow Street thence Westerly 5 feet along the North property line on
Meadow Street to the . point of beginning . and containing in all an area of 800
square feet more or less .
subject to all valid existing contracts , leases , liens or encuabrances
which may affect the property , but without covenant by grantor against
the existence thereof .
WITNESS the executor hereof this the Z_day of
197 7 T� -
p
ACffiVOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
BE IT RUIMMERED , that on this date , before me , a Notary Public
within and for said County and State , duly commissioned and acting ,
personally appeared , to me well
known as the person ( s ) wino executed the foregoing Right of Way Grant ,
and that had executed the same for the consideration and
purpose therein mentioned and set forth .
[-FITNESS my hand and seal on this /yam day of
019��. .
Notary Public
ry cornission expires�D/ /�
RIGHT OF WAY GRANT
STATE OF ARKANSAS )
) ss TRACT NO', 17- B
COUNTY OF WASHINGTON )
That for and in consideration of One Dollar ( $,1 . 00 ) and other good
and valuable considerations , the receipt of which is hereby acknowledged ,
LEWIS LAND COMPANY
does hereby GRANT, SELL AP1D COi4VEY unto the Housing Authority of the City
of Fayetteville , Arkansas , its successors and assigns , the right of way
and easement to construct and maintain . an alley on the
following described real estate , to-wit :
Lot # 10 in Block 17 original City of Fayetteville , Arkansas .
Said portion being more particular described as follows :
The Eastmost 5 feet of said property described as follows : Beginning at a
point 5 feet West of the intersection of the North and East property lines
of the above described property thence South along a line parallel to said
East property line a distance of 160 feet to a point on the South property
line . Thence easterly 5 feet to a point at the Southeast corner of the
property thence Northerly 160 feet to a point at the Northeast corner at
Meadow Street thence Westerly 5 feet along the North property line on
Meadow Street to the point of beginning . and containing in all an area of 800
square feet more or less ,
subject to all valid existing contracts , leases , liens or encumbrances
which may affect the property , but without covenant by grantor against
the existence thereof.
llITNESS the executor hereof this the ; day of
-- t—
a
i
i
ACI NOW=MENT _... .....__. .
— STATE OF ARKAP-1SA5 . ) — - --- -.
COUNTY OF WASHINGTON )
BE IT REIZABERED , that on this date , before me , a Notary Public
within and for said County and State , duly commissioned and acting ,
personally appeared , to me well
known as the person ( s ) who executed the foregoing Right of Way Grant ,
- - and that had executed the same for the consideration and
t'."Purpose therein mentioned and set forth .
;TITNESS my . hand and seal on this__ day of ,
Notary Public
� ' • . ley` conunission expires /
ORDINANCE NO .
AN ORDINANCE VACATING AND ABANDONING AN ALLEY LOCATED
IN BLOCK SEVENTEEN OF THE ORIGINAL TOWN 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 fourteenth
day of July , 1976 , asking the Board of Directors to vacate and
abandon all that portion of an alley designated on the plat of
the original town addition- to the City of Fayetteville , Arkansas ;
and
WHEREAS , after due notices as required by law , the Board
of Directors has , at the time and place mentioned in the notice ,
heard all persons desiring to be heard on the question and has
ascertained that the alley or the portion thereof , hereinafter
described , has heretofor been dedicated to the public use as a
street herein described ; has not been actually used by the public
generally for a period of at least five years subsequently to the
filing of the plat and is not needed for public purposes ; that
all the owners of the property abutting upon the portion of the
alley to be vacated have filed with the Board of Directors their
written consent to such abandonment ; and that 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 Board of Directors hereby releases ,
vacates and abandons all its rights , together with the rights of
` the public generally , in and to the alley designated as follows :
Beginning at the Northwest corner of lot @10 in Block 17
in the Original Town addition of Fayetteville , Arkansas ,
and proceeding South 160 ' 10" to a point of beginning :
thence South 10 feet ; thence East 160 ' 10 " , thence North
10 feet ; thence West 160 ' 10" to the point of beginning .
Subject , however , to existing utility easements ,
Section 2 . The City of Fayetteville hereby reserves a
utility line easement on , over , across , and under the above
described alley to construct , lay , remove , relay , enlarge and
operate public utility lines ; said utility easements shall also
be for the benefit of the electric power companies , telephone
companies and gas companies .
Section 3 . As a condition to the abandonment of said alley ,
the City shall be held free and harmless from liability as to
any claims of the contiguous property owners for damages to the
property described herein , which damage may result from the City ,
or other utility companies removing and relocating public utility
lines located in or upon said vacated alley ,
Section 4 . A copy of this 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 .
PASSED AND APPROVED THIS &&DAY OF 1976
i
APPROVED :
�1
MAYOR
ATTEST :
CITY CLERK
_ s
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 , t n d1 rt [ p as (o0 , therein set forth ,
and the same is as it appears of Record in
. d .A X I/ jam-� JA;-s`/ Volume
at Page thereof .
IN WITNESS WHEREOF , I have hereunto
set my hand and affixed my official
seal this ��j day of
19
i
o .
CITY CLERK
3JOn a�1� 4"
c �fi�f1cA�6 of REGOKo
arta°
NgR� , gS•
ptticto F or.fore"
S-Vpo- pF A� alnw ` opt" 5"
en�ex
ed
WyshlnSl Kpllm°Yat hief by par'Jiv ODyofifice °n �e,some t$
% Plm nc+®UnYl d0 �rracotdY �k ead ga D
Hsstim mpntWp` ttl'rJ�° ° nf at Pa 19
Be�nQl ay °f SEN
d Y reoord0d t told and gpat tM and
V 10, nil,to `JAI - R
rn
STATE of ARKANSAS
ss.
County
�) ooff ;Washington
I, L/'�+'_7 . r� _ . hereby certity that I
am the Publisher of THEARKANSAS TIMES, a dally
newspaper having a second class mailing privilege, and being not less than
four 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
oaop - and distributed from an established place of business to subscribers and
AN A14J readers generally of all classes in the City & County for a definite price for
R each copy, or a fixed price per annum, which price was fixed at what is
O considered the value of the
publication, based upon the news value and
t STM,' service value it contains, that at least fifty percent of the subscribers
or thereto have paid cash for their subscriptions to the newspaper or its agents
lsenlg 4 or through recognized news dealers over a period of at least six months ;
a Mix
cs ON ty� Sys and that the said newspaper publishes an average of more than forty percent
designalad• ao tAk �6i eygnal news matter.
town addidon to the cur of 1•retyvW,
Arkansas; and III
WHEREAS, afterdlwhKlbttevas I further certify that the legal notice hereto attached in the matter of
rep Wren hr lea. the 9 I trims
has. at In time and plane manuoned
In the motor. hard all persons draining
to be hoard on the initiation and hes
ascertained that the alloy or the portion 1.........___._..s....v__..y:._.______.____.___--__._
ha
'rbertrf, hereinafter tlearrithhas
rtYa(T allies" din,ort ed m the
has
\
An as +� -t t harem described. has was published in the regular daily issue of sai _ _ _ _..__..
O:Mi' sc&WIY used by We While ..1
d newspaper for
ganstssir,Apples period of at law ave •sass•ga6WB insertions as follows :
soh•sls Ody I , the mens not as
,t &Ad iv04
�11 � IM far Wblte W.trol
owners ed N The first insertion on the .._.1. l..._....___. day of .} s kie,� .._..___
No I n have BUU wYh t
their srt�a1te1�qs the second insertion on the tray of ------- 19____.___..
. ,ar.nm l /�ihd
am addMII not M
enactee - by the tM ab.eewmsnl , the third insertion on the __. __ ------__ --- day of .. ----- 1l............
P.
Tp _
TlBE! BE IT OR-
n
BY
THE BOARD OF and the fourth insertion on the _ . .__.... dal of
OF'
, IRS OF THE or Di ors
I I I X, a % 11 ' As
I ii — of abandon
. . I abandons
— the rights --
,I . g� gNorthwest
'I , m and b the
ce ng et the N rt
v r.
Ua xrJlld,'rl .m ru ♦ _
let • ori PJ al t anew of Sworn to and subscribed before me on this __. _4...._...- flay of ._—..._.._
7 At tt(p Original
lee
• of --- ---_----- _ — ---- 1D---24/
--
.141 ael In tett : he<point teat leg m�o
In stt+,rid In Ire litof btirag ng,
...rr_. i. m ef-n Lo eaul,ng uttlih As. ......—...__
+' a No Public
'IYm Cho a PayttevKle
,...',as asrpafw>a did, ,
art' My Commission Expires:
MofVM _, Iris LVfapanithe
torr NAZI ,a 5
I 'll .nen. 'film
rho Prone ;ra, e1a,a,. r.r ore con. Free for Printing {
me rolRrt} ox'nera for damages
the p [I-A% dcu'rlbtN herein. w'M1IoM1
- -.age r,:,,r ,r..ar from the at., or Cost of Proof ._._---__--- f....__
i'llio, removing and /1
I..: ti 1, 111 rmef IlfalM Inr )I
a I . Total
urG m 1. A I I I u.in al
dolt M in ,-k s
ey . t- r orderl
eM
bs the , recorder
- otl
the manly and , t , rclrn In the deed
rerofQk,of the founts
r PASTED AND APPROVED THIS led
VAX OF ♦tICUSr, Ira.
. . . a APPROVED
VIA MARION R. ORTON
o " AIAVOR
Darlene WMbl
CITY CLERK
1 tC 14