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
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Leased Wire( of M Cqe 1Qp ,Y .L %LM"r Circulation Associated Pressl FAYETTEVILLE, ARKANSAS Where It Pays
72701 q �j
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To ( 11l 1 160z( Tian
Advertiser
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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 $
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ALL ACCOUNTS DUE NOT LATER THAN IOTH OF MONTH. YOUR CREDIT IS VALU-
ABLE. PROTECT IT AND ACCOMMODATE US BY REMITTING PROMPTLY.
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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
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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 .
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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 )