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HomeMy WebLinkAboutOrdinance 2455 C 1LtUJUh gLLUKU J ORDINANCE No .,Q,CSS 1918 AUG IS PM 3: 47 AN ORDINANCE VACATING AND ABANDONING A PORTION OFFiii`;G 1 i,iJ COUNTY. ARS A M ;��tPR��'�R LOCATED EAST OF VANDEVENTER AVENUE BETWEEN MAPLE STREET AMCWGt T IN ENGLEWOOD ADDITION TC THE CITY OF FAYETTEVILLE , ARKANSAS . WHEREAS , a petition was duly filed with the Board of Directors of the City of Fayetteville , Arkansas , on the 20th day of July , 1978 , asking the Board of Directors to vacate and abandon that portion of an unopened alley hereinafter described ; and 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 alley hereinafter described has heretofore been dedicated to the public as an alley ; 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 said alley to be vacated have consented to the abandonment ; and that the public interest and welfare will not be adversely affected by the abandonment of said 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 of its rights , together with the rights of the public generally , subject to the reservation of utility easements , in and to the following described alley : A portion of a 12 foot alley in Block 4 , Englewood Addition to the City of Fayetteville , running, East-West between Vandeventer Avenue and Shady Lane , more particularly described as follows : Beginning at the Southwest corner of Lot 4 , Block 4 , Englewood Addition , said point being on the East right-of-way line,• of ,Vandeventer Avenue and running thence East 88 . 5 feet to a point on the South line - of Lot 3 , in said Bleck v , thence South 12 feet to a point on the North line of Lot 6 in said Bleck 4 , thence West 88 . 5 feet to the Northwest corner of Lot 5 in said Block 4 , thence North 12 feet to the point of beginning . Section 2 . The City of Fayetteville hereby reserves easements on , over , across and under the above described streets and alleys tc construct , lay , remove , re-lay , enlarge and operate public utility lines . Said utility easements shall be for, the benefit of the City and for the electric power companies , telephone companies , gas companies and cable television companies . Section 3 . As a condition to the abandonment cf said alley , the City shall be held free and harmless from liability as to any claims of the contiguous property owners for damages tc the property described herein , c which damage may result from the City or other utility companies removing and re-locating 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 . n '7 �1 (� PASSED AND APPROVED this day of - C`� � 1978 . it ! � O ��7 A# tt@4E]PC.iTE JF RECORD A54 :............. 1 State of ansae 54 DE f AYt Tl '', City of Fi e C-) TF�{-�� '•. �� !. Da,r]ene lVectbrook, City Clerk and Ex= � '•, r =. Officio recorder for the City of Fayetteville, m : 3 do hereby certify that the annexed or fore- going is of record in my office and the same €t ly appears in ` JN co . :. ; + ./ — at page book "' Witness my hand and MICROFILMED this — / _ day of DATECT i 7 >!t>�O 19 �� R6i� �1 to City Ge-,, z^d Ex-Officio Recorder CERTIFICATE OF RECORD + OPE OF ARKANSAS I cr shington County I SS. I, AIma,L, Kollmeyer, Circuit Clerk and EX-Officio Recorder for Washington 'County, do hereby certify that tha annexed or fore. going Instru ant was filed for reco in my of lice on theme oa X duly recorded ) �,{drNijo �cloak nt, and the same is Witness my hand and seal _' ° - . Ex-Officio Recorded ��