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HomeMy WebLinkAboutOrdinance 2625 FILED FOR RECORD ORDINANCE N0 , r_XQas mo APR 18 PI4 2' 30 AN ORDINANCE VACATING AND ABANDONING A GTON COUNTY. ARK. 1 9RLMEYER AN ALLEY LOCATED IN BLOCK 1 OF OAKLAND pLAcBC1gD01fTT0K TO THE CITY OF FAYETTEVILLE , ARKANSAS� T � Fyj 11 AAAA I ; WHEREAS , a petiti was duly filed with the Board of " Directors of the City of Fayetteville , Arkansas , on the 28th day of March , 1980 , asking the Board of Directors to vacate and abandon the following alley located in the City of Fayetteville , Arkansas , to-wit : Beginning at the Southeast corner of Lot 1 , Block 1 , Oakland Place Addition to the City of Fayetteville , Arkansas , thence west to the southwest corner of Lot 71 Block 1 of said addition ; thence south to the northwest corner of Lot 8 , Block 1 of said addition ; thence East to the northeast corner of Lot 17 , Block 1 of said addition ; thence north to the southeast corner of Lot 1 , Block 1 of said addition , said point being the point of beginning . 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 alley hereinabove described as heretofore been dedicated to the public use 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 the alley to be vacated have consented to this abandonment , 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 : The City of Fayetteville , Arkansas , hereby releases , vacates and abandons all of its rights , together with the rights of the public generally , subject to reservation of utility easements in and to the alley , described as follows , to-wit : Beginning at the Southeast corner of Lot 1 , Block 1 , Oakland Place Addition to the City of Fayetteville , Arkansas , thence west to the southwest corner of Lot 7 , Block 1 of said addition ; thence south to the northwest corner of Lot 8 , Block 1 of said addition ; thence East to the northeast corner of Lot 17 , Block 1 of said addition ; thence north to the southeast corner of Lot 1 , Block 1 of said addition , said point being the point of beginning . MiC?0F1L4AD 101615 976 DATE JUN 6 Lggp REEL - 2 - Section 2 : The City of Fayetteville hereby reserves easements on , over , across , and under the above described alley to construct , lay , remove , relay , enlarge , and operate water and/or sewer pipe lines and public utility lines . 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 : Said utility easements shall be for the benefit of the electric power companies , telephone companies , gas companies , 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 . 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 . PASSED AND APPROVED THIS 1�"DAY OF �t �x , 1980 . APPROVED : MAYO CERTIFICATE OF RECORD •. i State of Arkansas ( SS tt ° City f Fayett vine f ? ? j oEK10 ' ek, City Clerk and Ex. LERK ,r ' A 11 ;, 0 / ..4 Officio recorder for the City of Fayetteville, , ?•,,'•. ., do hereby certify that the annexed or fore- ' ' F going is of record in my of ice and the same o« L ) appears in Ordinance & Resolution book i., - • Ix at Page �;'itness my OF RECORD hand and sea] this day of S WE OF aRRa;•Isas ) � " W „shn(;;mi Ceunry ) SS. ..,<,..,,.,r”' � 19—. !, a. L. i�; •. ":r, OA Circuit Clerk and Ex-Officlo Recorder for W.is• un;ton Cor,nty, i•o hereby certify that the annexed gobfore• City Clerk' and .Ex-Officio Recor r 9vin .,Atrumant waa l;ippd��for r rdin m office on the nay of _ �`6 o rloc X and the sam is $� }/�♦e�y/ duly race dad !n ---�Q��ecord tpageo�p l� MSC 1 Witness my hand and seal i . day of 9 Circuit Clerk and aCfficio Recorded oy Deputy Clerk PETITION TO VACATE AND ABANDON A PUBLIC ALLEYWAY TO : THE HONORABLE MAYOR AND MEMBERS OF THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS The undersigned , being the owners of certain real estate abutting a public alleyway , being fifteen ( 15 ) feet in width , and running East and West , lying South of Lots 1 , 2 , 3 and 7 and North of Lots 8 and 17 , all in Block One ( 1 ) , Oakland Place Addition to the City of Fayetteville , Arkansas , as designated upon the plat of said addition to said city , do hereby petition the Board of Directors of the City of Fayetteville , Arkansas , a municipal corporation , to vacate said above described alleyway . The real estate affected is : Lots Numbered 1 , 2 , 3 , 7 and 8 , owned by Unitarian Fellowship of Fayetteville , Arkansas , a non - profit religious corporation ; and Lot 17 , owned by Don R . McCaskill and Linda J . McCaskill , Husband and Wife ; all in Block One ( 1 ) , Oakland Place Addition to the City of Fayetteville , as designated upon the recorded plat thereof in the Office of the Circuit Clerk and Ex - Officio Recorder of Washington County , Arkansas . There is attached hereto marked Exhibit "A" , and made a part hereof , a certified copy of the plat on file in the Office of the Circuit Clerk and Ex - Officio Recorder of Washington County , Arkansas , showing the location of the fifteen ( 15 ) foot alleyway sought to be vacated , together with the lot and block number of each lot abutting on the alleyway sought to be vacated . That the public interest and welfare will not be adversely affected by the abandonment of said alleyway . WHEREFORE , the undersigned petitioners pray that the Board of Directors of the City of Fayetteville , Arkansas , take appropriate action to vacate and abandon said fifteen ( 15 ) foot alleyway , and that title to the real estate sought to be abandoned be vested in the abutting property owners as provided by law , free from the easement of the City of Fayetteville , Arkansas , for public use as an alleyway . UNITARIAN FELLOWSHIP , a non - profit religious corporation and DON R . McCASKILL and LINDA J . McCASKILL , Husban and Wife BY : UMsrris A . art , Attorney for Petitioner 118 S . College Fayetteville , Arkansas 72701 WHEREFORE , the undersigned petitioners respectfully pray that the Board of Directors of the City of Fayetteville , Arkansas , abandon and vacate the above described real estate , subject tosaid utility and sewer easements , and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law , and as to that particular land the owners be free from the easements of the public for the use of said alley . UNITARIAN FELLOWSHIP , Petitioner BY : - PresPent Don R . McCaskill , Petitioner c (L n a Mcbaskill , Petitioner STATE OF ARKANSAS ) ) SS COUNTY OF WASHINGTON ) BE IT REMEMBERED that on this date , the 7th day of August , 1979 , personally appeared before me , a Notary Public within and for the county and state aforesaid , Don R . McCaskill , Linda J . McCaskill and Sylvia Swartz , who stated that they have read the foregoing petition , and that they had signed same for the considerations therein set forth . WITNESS my hand and seal as such Notary Public this date , the 7th day of August , 1979 . Charlie Me earis Notary Public My Commission Expires : FILED I MY OFFICE THIS a DAY F QJC'0` 1910 C City Cle: . r' ci ;✓' U 1 � ' k e S . l J rIV 31 � Y . . .. .. .. . . , ,v cv o., n . ec. •J , G 1p M1 .f. n � 1VM iAlf/ 0 � O ` 9 , sem✓ H b M _1_ w _ P .. . .. . 0 sr cl � � tu U. I Otil� � CIO ;.��'` � �� ��ii Ty T�T7TT TL' (� J- �"- 1�11��JLu01F LL, MIE&TEMENT FOR AD RTISI G ,OG j Jnr # I� wrs Arkansas iWO y quo Leased Wire( of M Cqe 1Qp ,Y .L %LM"r Circulation Associated Pressl FAYETTEVILLE, ARKANSAS Where It Pays 72701 q �j n 19 C7o To ( 11l 1 160z( Tian Advertiser "io . ..." . ." ?3'.liyiiiS.i!k. '3. Menthol Data— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 _16 _L17 Number Inches Number Lines Amount To Balance Account Rendered $ 16 19 20 21 22 231 24 25 26 27 28 29 30 31 TeTaL s Z r I H 4 ... ... .: n. -.0- . i a. '.:.....:. - . .F.�.ati._.: :✓... _y_ INCXCf , 1 — TOTAL TOTAL $ I • 1(.}'� ALL ACCOUNTS DUE NOT LATER THAN IOTH OF MONTH. YOUR CREDIT IS VALU- ABLE. PROTECT IT AND ACCOMMODATE US BY REMITTING PROMPTLY. t:• /:.YJ::t:;+tt�yvss. , . 't.�i,+�?;iyn,ti :�a,..;ar,.:M^' alvir . ..e� - ' 1 . ' � � f ji '•v l M� ) � s • . N 1 .r - �� . ., - v s trr �u c�'Q>w a �` 3.. ,`ai t e� a K M t+ S :. °:`�.t':='a• i �ni.<..y T.. .- STATE of ARKANSAS C ty of Waehlar as I� hereby certify that I am the Publisher of THE NORTHWEST ARKANSAS TIMES, a dally newspaper having a second class mailing prlvllege, 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 and distributed from an established place of . business to subscribers and readers generally of 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 or through recognized news dealers over a period of at least six months ; and that the said newspaper publishes an average of more than forty percent NOTICE news matter. Notice is hereby rg77ven to an persam that a petition habeen filed with tee ; I further certify that the legal notice hereto attached in the matter of City Clerk of the City of Fayetteville. t Arksmit, by the Unitarian Fellowship r / t �.(/f d F Undi J. cCamm and Dow R. � ' I / l/ 1 O�� j��� r t and Linda c McCaskill, asking to ' cline and vacate an alley lying south Lala 1, f, a, and 7, Block One 111D,. 1 ' Oakland Place Addition to the City of Fayetteville, and lyi.-4 north of Lots g was published in the regular daily issue of said newspaper for std 17, in Block One (1) Oakland Platt consecutive Insertions as follows: Addition to the City of Fayetteville, said lot being IS feet in width and rune ing<mtandwol. Notice is further given that the The tint insertion on the day of 19 Board of Diteetonaf the City of Fayel- teville, Arkansas willconduct a hear- ingonmidpetition, midhearingtobe the second insertion on the day of 18 heM April is, 19M at 7:30 P.M. in the Board of Directors Room, City Ad- ministration Building, Fayetteville, the third insertion on the . day of 19 Arkansas Any persom desiring to be , heard on the tralter of this petition art i urnsherebya ratified to h present of mid I and the fourth insertion on thes.�Aay of 19 time and place to show Hunt, 9 any, (W�t�Z H why mid petition should not be ' granted. - t Angela R. Medlock , . , • CityChert Sworn to and subscribed before me on this day of N terry Public My Commission Expires: \\ 'Zo 83 zl . `�� Fees for Printing _ — ' It „ 1 Coat of Proof . i.- .—'p Total G- 1 /- •,.ltt . ,,nuula,” `t STREET AND/OR ALLEY CLOSING CHECKLIST Under provisions of Ordinance No . 1898 , petitioners shall present to the City Clerk in duplicate , the following information before processing shall begin : Petition to close and vacate street or alley , including a photostatic or certified copy of the plat on record in the Circuit Clerk ' s office . ( A sample petition is attached ) Written consent of all property owners of property abutting alley or street . Abstractor ' s Certificate of Ownership stating names of all / owners of property abutting alley or street . ►/ - Comments from owners or agents of all utility companies concerning streets or alleys to be closed and its relation - ship to existing or planned utilities with recommendations as to what action should be taken . It is also recommended that you obtain approval from both the City street superinten - dent and the sanitation superintendent . Southwestern Bell Telephone Co . Arkansas Western Gas _4Z Southwestern Electric Power Co . Warner Cable Co . Ozark ' s Electric Co -op ( if applicable ) _ L City Engineer V City Street Superintendent City Sanitation Superintendent INFORMATION TO BE C014PLETED BY CITY CLERK $40 Filing Fee RECEIPT NO . ?0 39 ( PW381 ) Copy to Planning Administrator Copy to Street Superintendent and Sanitation Superintendent Copy to Agenda Notice Published DATE 3 � � ( I 6b Ordinance Adopted/ Failed ORDINANCE NO . d C a, c n" � Ec Q uc � nE � t � `c '! mm docoeo o � c � C L C In Y Y O Ibo �^a, d 7 C 'r y C w C C i f �' r E ` C L ar O G cv a y " - Ili d •y W 3d. 'C1 p 7 .In C td. E .J U OC V FU, rp• x -• .0 W C y �"' d In ° Ia . E L L L V U C d C. y y d > d 07 Y U V L L > '^ .vo o ec ,: .In a 'u L; « , c x c y � °° >' `a 3 w s o c ti g' t « c .fl OrIc s. w mo6d aci 3 c •E c w ° ti? L tlE ro 442 CIS s. o r :i 06 ° In O' � .°+ ° 00w m ,E z J. i N Pr id. 6_0 ro Q. 0 ro C fCISyC •C C .. 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C 'u w° °' m m 0 6 Z �° o m « aui o ami d o ° ° L s .a m ro O d ro m u .a m O •o d C y C ro O « r 0 m m 3 O d o r. c C u d C y �' y m « >' an d R' i s U L ami E w u C u o 0o CS O ^ i s Qn O m C ° Y 7 ° r E 6 ' •C .O, O vR �pdc �� ot d ° ucIn Waoc ro ° ° oEc w W d aI W E C' ` d r�•1 °' Oia d T cyiv � v °c •�+ m oa `" eGd• .E aQU I°� ICa •3 .d0 Q,' « .c ° � � ` c aD m ama ° � ° � m � ao 6 ' A' « a � camm vo ood � lav Yaw � mmV «i «0° uVC '" a � z =� a6i E u � c6i Im 4: 4 d d .dy.+ T � .A � w ayi 47 u d y F y a .o ro In 00 aro rm .. mp w 6u CERTIFICATE OF OWNERSHIP STATE OF ARKANSAS ) ) ) se . COUNTY OF WASHINGTON ) We , the undeisigned , duly and lawfully bonded and ' licensed abstracters within and for the above mentioned County and State , do hereby certify that we have made a careful search of the records insofar as they pertain to the lands hereinafter described , and find the title is vested in Unitarian Fellowship of Fayetteville , Arkansas , a non-profit religious corporation , The land covered by this certificate is described as follows , to-wit : Lots 1 to 9 , inclusive , in Block 1 , of Oakland Place , an addition to the city of Fayetteville , Arkansas , as shown upon the recorded plat thereof , Issued at Fayetteville , Arkansas , for the use and benefit of The City of Fayetteville this 26th day of March 19 79 GREER ABSTRACT COMPAN't .. BY AMERICAN LAND TITLE ASSOCIATION G REE R A AST RAC T COMPANY ARKANSAS LAND TITLE ASSOCIATION EETAELISNED IIOE Fayetteville, Arkansas _ Page ND. 4 72701 CITY INSPECTOR /��0:� (O�l,` P. O. DRAWER F 15011521 -7700 22 7d RE : Non - Conforming Signs within the City Limits of Fayetteville Sir : This letter is to officially remind you that all signs within the City shall be brought into compliance with the requirements of the City Sign Ordinance by the 19th day of January 1980 , or removed . The marked portions of the violations listed below are applicable to signs at your location . FREE STANDING SIGNS PROJECTING SIGNS more than one per lot Too lar e , 16s . ft . maximum Too close to road Above ea% or roof line Out of businessNot allowed in R- Districts lot a1 , Led in an R- District Other Too lar e in square footage Other ROOF SIGNS WALL SIGNS MAllowed only by variance More than one per wall OTHER Too large Out of business6in �a Size limited in R- Districts , Other If you have any questions , or if I can be of assistance to you , feel free to contact me at 521 - 7700 Ext . 260 . Sincerely ohn Dietzen Inspection Department JD/mk PETITION TO CLOSE AN ALLEY LOCATED IN BLOCK 1 , I . W . DUNCAN ' S ADDITION CITY OF FAYETTEVILLE , ARKANSAS TO : The Board of Directors of the City of Fayetteville , Arkansas We , the undersigned , being all the owners of the real estate abutting the alley hereinafter sought to be abandoned and vacated , lying in Block 1 , Duncan ' s Addition to the City of Fayetteville , Arkansas , a municipal corporation , petition ' to vacate an alley which is described as follows , to -wit : YOUR LEGAL DESCRIPTION That the abutting real estate affected by said abandonment of the alley are Lots 3 , 4 , Block 1 , and Cots 5 , and 6 , Block 2 , 1 . W . Duncan ' s Addition to the City of Fayetteville , Arkansas , a certified copy of the original plat located in the Circuit Clerk ' s Office for the County of Washington , State of Arkansas , is attached hereto , marked Exhibit A . and made a part hereof as though set out herein word for word , Petitioners state that the above described real estate is not open and has not been used by the public for a period of many years , and that the public interest and welfare would not be adversely affected by the abandonment of this portion of the above described alley . The petitioners pray that the City of Fayetteville , Arkansas , abandon and vacate the above described real estate , subject , however , to the existing utility easements and sewer easements as required , and that the above described real estate be used for their respective benefit and purpose as now approved by law . The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law . ( over ) WHEREFORE, the undersigned petitioners respectfully pray that the Board of Directors of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements,:and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this day of , 1979. I PETITION TO VACATE AND ABANDON A PUBLIC ALLEYWAY TO: THE HONORABLE MAYOR AND MEMBERS OF THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS The undersigned, being the owners of certain real estate abutting a public alleyway, being fifteen (15) feet in width, and running East and West, lying South of Lots 1,2,3 and 7 and North of Lots 8 and 17, all in Block One (1), Oakland Place Addition to the City of Fayetteville, Arkansas, as designated upon the plat of said addition to said city, do hereby petition the Board of Directors of the City of Fayetteville, Arkansas, a municipal corporation, to vacate said above described alleyway. The real estate affected is: Lots Numbered 1,2,3,7 and 8, owned by Unitarian Fellowship of Fayettevi]le, Arkansas, a non- profit religious corporation; and Lot 17, owned by Don R. McCaskill and Linda J. McCaskill, Husband and Wife; all in Block One (1), Oakland Place Addition to the City of Fayetteville, as designated upon the recorded plat thereof in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. There is attached hereto marked Exhibit "A", and made a part hereof, a certified copy of the plat on file in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, showing the location of the fifteen (15) foot alleyway sought to be vacated, together with the lot and block number of each lot abutting on the alleyway sought to be vacated. That the public interest and welfare will not be adversely affected by the abandonment of said alleyway. WHEREFORE, the undersigned petitioners pray that the Board of Directors of the City of Fayetteville, Arkansas, take appropriate action to vacate and abandon said fifteen (15) foot alleyway, and that title to the real estate sought to be abandoned be vested in the abutting property owners as provided by law, free from the easement of the City of Fayetteville, Arkansas, for public use as an alleyway. UNITARIAN FELLOWSHIP, a non-profit religious corporation and DON R. McCASKILL and LINDA J. McCASKILL, Husband] and Wife BY: uefia'ris A. Hart,'Attorney for Petit 118 S. College Fayetteville, Arkansas 72701 r , WHEREFORE, the undersigned petitioners respectfully pray that the Board of Directors of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject tosaid utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. UNITARIAN FELLOWSHIP, Petitioner BY: res ent Don R. McCaskill, Petitioner �L cl L�� n a 3. Mcbaskill, Petitioner STATE OF ARKANSAS ) )SS COUNTY OF WASHINGTON ) BE IT REMEMBERED that on this date, the 7th day of August, 1979, personally appeared before me, a Notary Public within and for the county and state aforesaid, Don R. McCaskill, Linda J. McCaskill and Sylvia Swartz, who stated that they have read the foregoing petition, and that they had signed same for the considerations therein set forth. WITNESS my hand and seal as such Notary Public this date, the 7th day of August, 1979. Charlie Me earls Notary Public My Commission Expires: FILED I MY OFFICE THIS 19.gO C City Clerk CERTIFICATE OF OWNERSHIP STATE OF ARKANSAS COUNTY OF WASHINGTON We, the undersigned, duly and lawfully bonded and licensed abstracters within and for the above mentioned County and State, do hereby certify that we have made a careful search of the records insofar as they pertain to the lands hereinafter described, and find the title is vested in Don R. McCaskill and Linda J. McCaskill, husband and wife The land covered by this certificate is described as follows, to -wit: Lots 17 and 18 in Block 1, of Oakland Place, an addition to the city of Fayetteville, Arkansas, as shown upon the recorded plat thereof. Issued at Fayetteville, Arkansas, for the use and benefit of The City of Fayetteville, Arkansas , this 26th day of March , 197_. AMERICAN LAND TITLE ASSOCIATION G R FE R ABSTRACT C O M P A N Y ARKANSAS LAND TITLE ASSOCIATIONI ITAPLISNED uo5 Pepe NO. Fayetteville, Arkansas i9: o4 CERTIFICATE OF OWNERSHIP STATE OF ARKANSAS ) ))ss. COUNTY OF WASHINGTON ) We, the undersigned, duly and lawfully bonded and'licensed abstracters within and for the above mentioned County and State, do hereby certify that we have made a careful search of the records insofar as they pertain to the lands hereinafter described, and find the title is vested in Unitarian Fellowship of Fayetteville, Arkansas, a non-profit religious corporation, The land covered by this certificate is described as follows, to -wit: Lots 1 to 9, inclusive, in Block 1, of Oakland Place, an addition to the city of Fayetteville, Arkansas, as shown upon the recorded plat thereof. Issued at Fayetteville, Arkansas, for the use and benefit of The City of Fayetteville , this 26th day of March , 19 79 AMERICAN LAND TITLE ASSOCIATION GREEK ABSTRACT COMPANY UTAGLIGHED IGD8 Fayetteville, Arkansas ARKANSAS LAND TITLE ASSOCIATI Page No. arcfl to, lyou NOTICE Notice is hereby given to all persons that a petition has been filed with the City Clerk of the City of Fayetteville, Arkansas, by the Unitarian Fellowship of Fayetteville, Arkansas and Don R. and Linda J. McCaskill, seeking to close and vacate an alley lying south of Lots 1, 2, 3, and 7, Block One (1), Oakland Place Addition to the City of Fayetteville, and lying north of Lots 8 and 17, in Block One (1) Oakland Place Addition to the City of Fayetteville, said lot being 15 feet in width and running east and west. Notice is further given that the Board of Directors of the City of Fayetteville, Arkansas will conduct a hearing on said petition, said hearing to be held April 15, 1980 at 7:30 P.M. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. Any persons desiring to be heard on the matter of this petition are hereby notified to be present at said time and place to show cause, if any, why said petition should not be granted. Angela R. Medlock City Clerk Publish one time on or before April 13, 1980. ARKANSAS WESTERN GAS COMPANY April 9, 1979 Dr. John K. Day, M.D. 1834 Wheeler Fayetteville, AR 72701 Dear Dr. Day: This will advise you that Arkansas Western Gas Company has no objection to closing the alley located between Lots 1, 2, 3, and 7 and Lots 8 and 17 in Block 1 of the Oakland Place Addition to the city of Fayetteville, Arkansas. Thank you for your inquiry on this matter. Sincerely, ��CSX�fas. Frank O'Donnel Operating Manager 2/5/6 Fpsr OFFICE 8OX 1288 0 FAVEHEVILLE 9 ARKANSAS 72701 9 TELEPHONE 501521.5400 • ..r_ • 1 7 • ... vY6 r• ! O♦in♦4ftpYG .1j•a'drJA$fYi�J� la,. •Ya r•,* Fri arf�YU•%�F,L r ia.Y..•.. ♦( ..r ♦ 4 •4 a rv, 4 / Yry i L f JY � ♦ 1 _.:+ c. V r 4J N,�e�� J Y r � s if+'ri• fJw ♦ 4 �ji if' •1 >ie- 41♦ )I •.•4 K r '_n r%Yl "LL'L}'�.4 t. n '.♦f F Yv -M� �Y! tv... �J' .....4 j ..I'hJr+vn fvSj'Sf irv. 1•��yY (r `:,J, +yfa.r�••ai•..r / r r34�`j•yl yjyY w�4 w•JaM1 .i!_.^uY � ,L�.tw a •L-4 ✓y� 6 Vii''♦' i r^'1-^.'J'..TiLkC.+f. >= ^4. ♦♦tr....3..ai'y.�', Yq�vy♦ lit r.fi�F�.r-fa r .�(�j �e 7v. ---. wA'y [ r7.. }�Y�Maf-'j��t�`•y.�y♦� i +♦Q .��di�. .in W u 7rE vl .4yg}� CC.44�. y ..�� �. '1.9 iYf 4 �(1♦MSfI t 'I_*.�ti if+u'frT.T f a"Lv.Y.ti CAiJ:� v_�rnyyi�t�a�h M •lhYl�l )3 M✓n�`t �. � XTT � ♦ Y[T Mr :`ry • 4- �.'niNr ( � 1FI_cY .: HY �r'� t. M� Wy��r`1M /�.Y.}�%lr�� nS .v 1..� YV � 7 • •.•fy��NMAN:A♦ V • ..l Y r. Y � ! ti:LwF M1�: � YC ii�� fµ'•t' C l �� ry.�/-4� R ��}iy"l;ihv`y1 •• ✓r•�a }�..��1!•"�r����A; �e.•ay�fG4v yL�� •.� 1 ._ S�•:1. )_G•!!e /t pY(S��n�TY '4ry4-4�L`�i"�'y i�; K� a��iir. t Sv ♦ (� Yi 'i ,ye � r */� �� • \I avm--4���� Y � 0.��`rv'44yr-�4��y iV.yy�yLH��. ♦ •M J��C6v '� :r+ 'h f� a.fTT ry `Y t'�. e.,,r��yy-•if•Ptcy��^ ��N. 5•v�r ♦Nt H b ^ r`: • �` �n �~ f . i .'Jli^J. r •..sl ♦ :I��`Y. <_eL Y,Y �i:•�r W xl". Ti •..-♦NTj. :ny t��YmJ:yf.t {M V v i r} �I,M... �F _ ) .v . cPTd O. !• CL/Cot t o 7 Le —c( —+.-ti ilJ /..—ca. y o?GzJJ lam -/--.j /'t'4t4' (J tt d, f' 7'o (nse R._ a ^! � .YI � 4r_ / per,, O � CPS 3-13-7 A V s 7c'V, 7C !�'— /✓�A...1t/f-L. IJL''iC_;��/.�) �"�G/%'.Shy' </ 4i _ .O GLtZ.,n/ .ice Chu-e-4C&.L. /V It;, .') IW '1 J dry 1. ` S FAYETTEVILLE, S_RKANSAS CITY ENGINEER'S OFFICE P. o. DRAWER F 72701 (501) 521.7700 May 30, 1979 Mr. John K. Day 1834 Wheeler Fayetteville, Arkansas 72701 Re: Alley Closing - Oakland to Storer, south of Cleveland Dear Mr. Day, I have no objection to the closing of the alley in question. We do, however, have a sewer line in the alley and we must retain a 15' easement. If there are any questions, please call me. Yours truly, Donald R. Bunn City Engineer DRB/elm 1834 Wheeler Fayetteville, Ark. 72701 March 29, 1979 Warner Cable Co. 125 W. Mountain Fayetteville, Arkansas 72701 Dear Sir: Please find enclosed a copy of the legal description of land on which is an alley which the Unitarian Fellowship of Fayetteville, Ark. wishes to have closed. Also, find enclosed a copy of the city plat, on which is drawn in red, the alley in question. Please let me know if your company has any objection to the alley being closed. We need this in writing please. Sincerely yours, John K. Day, M.D. Board Member, Unitarian Fellowship Southwestern Electric Power Company P. 0. Box 1328 Fayetteville, Arkansas 72701 April 6, 1.979 Mr. John K. Day 1834 Wheeler Fayetteville, Arkansas 72701 Dear Mr. Day: In regard to your letter of March 29, 1979, please be advised that Southwestern Electric Power Company has no objection to the closing of the East-West alley be- tween Storer and Oakland Street, South of Cleveland, in Fayetteville. Very truly yours, SWEPCO Floyd R. Hornaday Distribution Engineer Little Rock, April , 1979 BE IT KNOWN BY THE PRESENTS that Southwestern Bell Telephone Company hereby concurs in the closing of the following alley in Fayetteville, Arkansas. Lots 1 to 9, inclusive, in Block 1, of Oakland Place, an addition to the City of Fayetteville, Arkansas as shown upon the recorded plat thereof. SOUTHWESTERN BELL TELEPHONE COMPANY BY Vi e- esident Arkansas APPROVED AS TO FORM Fayetteville, April 4, 1979 ENGII;E;�RI'riG OPERATIONS l i` h" H - CSP I::est - Little Rock ''e have received a request from John K Day, M.D. on behalf of the Unitarian Fello•:rship to close an alley in the City of Fayetteville. The alley is shown circled in red on the attached plat. We do not have any facilities in this alley at present, and do not plan any in the future. We do recommend concurrence in this closing. Concurred: District Plant I' nager .._ I I 7.t 16 7 ; . 6 BERRY STREET — '.4• I ..\I,•. •J 2 ,I .. ,II c - 12 ,N IN //I' 2 ,2 . ; II2 . 10 ;I , All _ ; 10' :3 13 43 2 11�6 ;3 -- ;9 12 II 10 - 9.;4 9 a4 16 s8 : s 5 7 8a4 fiOPPER 8• 5 8; 5 . 5 (—tR I IY IY 7; ILO' ;6 ,7 - EAGLE - STREET ___jL� x 12 c1 1; - /L IY' �—= I I ;1 is 2 1131 9 4 pl .t tat 8;11:. 5 /.L ii 741116 _r —F' 12 ; 1 /4.12 I1 ;2 . i I- 11; IOt 43 4 3 2 I I 10^ 14 15 9 t `4 7 8 9 .- . 5 6 8;5 8, Y. 7; y/ ;6 �7; 1 CLEVELAND L'' to r , is I— 1/,42 611 r. .. 13 14' �\ I 6 IS /L.,' 7:1 fi Y 8. 9 ci 9 '4,' . 8 8 r, . , ,Q.. S I 6 4, ^3Z IY r L .� ' :I : 2 8 7 6 : 4; J3 Y .N A N-. I 2I — Li 3f; 30 „429 28 274 lI 26; 256, 244 23g- I 22; 21 20° - 19Q' I8: ,y' 174 z3.1 4 I.4.,' 51/4. t 9 10 11 ;12 13 14 Us I6 - DOUGLAS • I, • 3; ;I6 4 ; h l5 0 S; z14. z W 6 ; 13 Y z 7; G O 3 125UB. 8; ;11 9; Co IJ/ IQ -j'1 1-1 12 4 3 50. MAPLE 4 5 6 7i�i; 17 I•.• -- 9; I;I8 10 . 19 II 11420_- 1241 1 13 ;I ;22 14;111;23 I4 1541 1;24 16: 125- /.4. -1. 30.29 28 27 26 r J O: O N 4 II ii 6 5 H• N ILI' 78 QI.. I CARAWAY CtSTP I 4; 5, 6\ 7 81 9` J.- J. 10 II • ;5 IL. '4 i3 2 (� Y _ .L/ •I 1 -. 14c F V I L 'a- 3� .1 '\ WW - i5 'I� - .4.. > J:: J�4-"• W W 2> v6; 191 20 ' II .i JI 2020 ' x R CERTIFICATE OF OWNERSHIP STATE OF ARKANSAS ) ))as. COUNTY OF WASHINGTON ) We, the undersigned, duly and lawfully bonded and'licensed abstracters within and for the above mentioned County and State, do hereby certify that we have made a careful search of the records insofar as they pertain to the lands hereinafter described, and find the title is vested in Don R. McCaskill and Linda J. McCaskill, husband and wife The land covered by this certificate is described as follows, to -wit: Lots 17 and 18 in Block 1, of Oakland Place, an addition to the city of Fayetteville, Arkansas, as shown upon the recorded plat thereof. Issued at Fayetteville, Arkansas, for the use and benefit of The City of Fayetteville, Arkansas , this 26th day of March , 1979 . GREER ABSTRACT COMP Y BY: AMERICAN LAND TITLE ASSOCIATION GRE ER ABSTRACT COMPANY ARKANSAS LAND TITLE ASSOCIATIC UTAPLIS N[C CC. Page No. fav,Hevilla. Arlonsas CERTIFICATE OF OWNERSHIP STATE OF ARKANSAS ) ))ss. COUNTY OF WASHINGTON ) We, the undersigned, duly and lawfully bonded and licensed abstracters within and for the above mentioned County and State, do hereby certify that we have made a careful search of the records insofar as they pertain to the lands hereinafter described, and find the title is vested in Unitarian Fellowship of Fayetteville, Arkansas, a non-profit religious corporation, The land covered by this certificate is described as follows, to -wit: Lots 1 to 9, inclusive, in Block 1, of Oakland Place, an addition to the city of Fayetteville, Arkansas, as shown upon the recorded plat thereof. Issued at Fayetteville, Arkansas, for the use and benefit of The City of Fayetteville this 26th day of March , 19 79 GREER ABSTRACT COMPANY BY AMERICAN LAND TITLE ASSOCIATION G R E ER ABSTRACT COMPANY ARKANSAS LAND TITLE ASSOCIATIC "TAPLISHED 1000 Page No. Fayetteville, Arkansas I CM 000 zO z o �3 + tom � A le '? I re.J' 1_r., ,v %r eO t._ C de' 2• J: rN •.... '. v Y \ 4 4 4 b •• 4 4 4 4 4 6 0. b• it 1.\• O u _ 1• w Y 4 a Y 4 Y M• : I �.-- h r• G rIill _i Iso 0. T!\ . �-. ., DID I T'. N- C' e: of ; 1' 4 • II1 L . Iq ♦ 4 M . 4 '� Y .. • JJ• ._ •J s7 4 • , • v STATE of ARKANSAS 1 y as. County of Washington l •r--l)ltIIINANVE NO. sari AN ORDINANCE VACATING AND ABANIK)NING A W)RTION (IF AN, ALLEY LOCATED IN BLOCK I OF (,AKIAND PLACE ADDITION TO TIIE CITY OF FAYETTEVILLE.,, ARKANSAS. I WHEREAS, a petition was duly tiled, with the @nrd of Directors or the City, 1 Fayetteville, Arkansas, on the 25th dayvl March,acat asking the Board e, folilmnrs to vacate and abandon Ihci Following alley hwaled in the City of Fayelleville. ArkaflsaAlO-WIL Beginning at the the Southeast Corner of Ind I. Block I, Oakland }'lave Addition to IM• City of Fayetteville,e ca n turner thewest to the southwest turner tillll lot 7, Black I of said tunaddition; (hence south to theid addirtcernec of Lot 1 Block I of said addition: thence East to the northeast corner of Inn I?. Block I; of said addition; thence north to the southeast corner of Lot L Block I of said addition, said point being the point td beginning. WHEREAS, after due notice as it. quirts by law, the Hoard of Directors has, at the lime and place set forth in the notice, heard all persons desiring to he heard on the queslim and has ascertained that the alley edi bove described as heretofore been dedicated to the public use as an alley; has not actually been used by the public for a period of many years; that all of the of the property adjoining and abutting upon the alley to be vacated have chat to this abandonment, and that the public interest and welfare will na be adversely affected by the abandonment of such alley, NOW. THEREFORE, HE IT OR- rOUS O IlY TIIE BOARD OF DIREC. TIdts OF TIIE CITY OF FAYET T SoctioE, ARKANSAS: Scaliui 1: The City, of Fayetteville, and duos, hereby releases, vacates and a he all or its rights, together with the rights of the public generally, subject to reservation of utility easements in and to the alley, describ- ed us follows, to -wit: It 1. Blong at the l Southeast turner of Lott Itim'k I. Oakland Place Addition In the City of Fville. Arkansas, sout hwest weal to the southwest corner of Lot 7. Block I of said addition: thence south to the northwest corner of Lot 8. Black I of said addition: thence East to the northeast corner of Lot 17. Block 1 of said addition: thence north to the southeast corner of Lot I. Block I of said addition, said point being the point of beginning. Section 2: The City of Fayetteville hereby reben'es easements on, over. across, and under the above described alley to construct. la)'. removo. relay. enlarge, and operate water and -or sewer pipe lines, and public utility lines. Section 3: Asa condition to the abam donment of said alley, the City shall be held free and harmless from liability as to any claims of the contiguous pro- perly owners for damages to the pro- perly described herein, which damage may result from the City, or other utili- ty companies removing and relocating public utility lines located in or upon cod vacated alley. Section 4: Said utility easements 'shall he for the benefit of the electric power companies, telephone con- I ponies. gas companies, 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. Sn9ion 5: A copy of the ordinance duly certified by theCityClerk shall he filed in the office of the Recorder of the County and recorded in the Deed Records of the County. PASSED AND APPROVED THIS ISIh day M April. I9w. APPROVED: • - ' johnTtdd MAYOR ATTEST: .� Angela R. Medlock CITY CLERK SEAT. 11f2 �l-%��..�.a I# hereby certify that I am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily 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 and distributed from an established place of . business to subscribers and readers generally of 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 or through recognized news dealers over a period of at least six months; and that the said newspaper publishes an average of more than forty percent news matter. I further certify that the legal notice hereto attached in the matter of was published in the regular daily issue of said newspaper for, consecutive insertions as follows: 7. ,- The first insertion on the day of 19—/ the second insertion on the day of 19 the third insertion on the .day of 19 and the fourth insertion on the day of 19 Sworn to and subscribed before me on this ` " "` day of r'- ;Pots .'Public'., •�� MY Commission Expires: ' ' ) I ' ' ` ,' ) ,I i _____________________________________I /,till Fees for Printing _4 •1 Cost of Proof 1< Total = %/•