HomeMy WebLinkAboutOrdinance 2634 i
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ORDINANCE NO .
W,"•,SNING� GN GOUhTY• ARK .
ALMA CK 7 CLERRKR
AN ORDINANCE VACATING AND ABANDONING THAT 4TRTION OF
COMPANY STREET BETWEEN ASSEMBLY DRIVE AND VINSON STREET .
WHEREAS , a petition was duly filed with the Board of
Directors of the City of Fayetteville , Arkansas , on the 2nd day
of May , 1980 , asking the Board of Directors to vacate and
abandon the following portion of a street loc��1t96t1� Y MED
of Fayetteville , Arkansas , to-wit : 11���� ff�� JJ�rH 1��//��
That portion of Company Street lying between Assembly Road
and Vinson Street and bounded by Blocks 9 and 14 as shown
on the revised plat of Mountain View Addition to the City
of Fayetteville , as per plat of said addition on file in
the office of the Circuit Clerk and Ex-Officio Recorder of
Washington County , Arkansas .
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 street hereinabove described
has heretofore been dedicated to the public use as a street :
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 street 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 portion of
street .
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 portion of the street , described
as follows , to-wit :
That portion of Company Street lying between Assembly Road
and Vinson Street and bounded by Blocks 9 and 14 as shown
on the revised plat of Mountain View Addition to the City
of Fayetteville , as per plat of said addition on file in
the office of the Circuit Clerk and Ex-Officio Recorder of
Washington County , Arkansas .
, yr . r
M1U
DATE FIik, ht
DATE nus < 1980
/ PEEL
- 2
Section 2 : The City of Fayetteville hereby reserves
an easement on , over , across , and under the above described
street 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
portion of street , 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 portion of said street .
Section 4 : Said utility easement 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 .
Section 6 : This Ordinance shall not be effective until
such time as the owners of Lot 7 , Block 9 of Mountain View
Addition and the owners of Lot 7 , Revised Plat Blocks 14 - 15 of
Mountain View Addition execute a Bill of Assurance containing a
covenant running with the land that said lots will not be sold
as . land locked lots .
f4
PASSED AND APPROVED THIS c2,0-- DAY OF , 3980 .
APPROVED :
:A'�• •. :r%..;. . 11�. . . .. . - MAYO
NTS ,
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CERTIFICATE OF RECORD
State of Arkansas ( SS
City of Fayetteville
I, Bonnie Goering, City Cleric and Ex-Officio
recorder for the City of Fayetteville, do here.
CERTIFICATE OF RECORD
by certify that the annexed or foregoing is
STATE OF ARKANSAS ) SS. of record in my office and the same ap-
Washington Countypears in Ordinance 6 Resolution book
I, Alma L. Ko!lmeyer, Circuit Clerk and Ex•Officlo Recorder for �qy -� / I
Washington County, do hereby certify that the annexed o fore.
at page—x.�.L�„ S7jljtneSS my
_� —`f
goinginstrument was tiled for recyp7r�din my office on th hand and seal this.-- a ay ay Of
of .t at -Q':lock_nM� ,�a�nd the same is 19
duly recorded inTT record ivi y� at page�--� '
Witnoss my hand and seal lhi . day of 19 City Clcrlc and Ex-Officia
Circuit Clerk and
ate%-Cfficio Recorded
Deputy Clerk
J
{
PETITION TO CLOSE AND ABANDON
A SECTION OF COMPANY STREET
LOCATED BETWEEN ASSEMBLY ROAD
AND VINSON STREET
CITY OF FAYETTEVILLE , ARKANSAS
Prepared By :
Hugh E . Longino , Jr .
Attorney at Law
P . O . Box 4157
Fayetteville , AR 72701
Tel : 521 -6070
PETITION TO CLOSE AND ABANDON
A SECTION OF COMPANY STREET
LOCATED BETWEEN ASSEMBLY ROAD
AND VPNSON STREET
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
that portion of Company Street hereinafter sought to be abandoned and
vacated , lying between Assembly Road and Vinson Street , in Mountain
View Addition to the City of Fayetteville , Arkansas , a municipal ,
corporation , petition to vacate a street described as follows , to -wit :
That portion of Company Street lying between Assembly Road
and Vincent Street and bounded by Blocks 9 and 14 as shown
on the Revised Plat of Mountain View Addition to the City
of Fayetteville as designated upon the recorded plat of
said Addition in the County of Washington and State of
Arkansas and on the Master Street Map of the City of Fay -
etteville , Arkansas .
That the abutting real estate affected by said abandonment of the street
includes Lots 1 , 7 and 8 of Block 14 and Lots 5 and 6 of Block 9 , of
the Revised Plat of Blocks 14 and15and the Revised Plat of Block 9 ,
of the Revised Plat of Mountain View Addition to the City of Fay-
etteville , Arkansas , certified copies of the original plats located
in the Circuit Clerk ' s Office for the County of Washington , State
of Arkansas , are attached hereto as Exhibit ' s "A " and " B " 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 , and that the public interest and
welfare would not be adversly affected by the abandonment of this
portion of the above described street .
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
purposes 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 .
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 aban -
doned 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 street .
Dated this 0 day of April , 1980 .
LLongHugh
ino , Jr .
P iJKnji o
Bit E . Bracey , J
FILED IN MY OFFICE THISRuth Ann Bracey
eZ
AY OF 19�d
City Clerk
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2TIFICAfiE •OF'RECORD��''
' STATE OF.AR
I Washington County � ��_
I, Alma L. I(ollmeyer, Circuit Clerk and Ex•Officio Recorder }aa1---
Washington County, do hereby certify that the annexed or-lore.
going instrun ant Was `iced for record in my office on the
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Witness my hand and seal this day of lg
. 1 Circuit Clerk and
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.SS ( SVSW08V !O 3-LV-1
G80038 30 31d01311830
STATE OF ARKANSAS )
ss .
COUNTY OF WASHINGTON)
KNOW ALL MEN BY THESE PRESENTS , that I . Winfield S . Bronson , Jr . ,
a certified abstractor , do hereby swear that I have performed a carefu
study of the records of the Circuit Clerk and Ex- Officio of Washington
County , Arkansas , and find that the following individuals are the
only property owners ' abutting Company Street in the City of Fayettevi e ,
Arkansas between Assembly Road and Vinson Street , to -wit :
Hugh E . Longino and Phyllis J . Longino , husband and wife ,
Lots 1 , 7 & 8 Revised Plat of Block 14 & 15 of the
Revised Plat of Mountain View Addition to the City of
Fayetteville , Arkansas .
Bill E . Bracey and Ruth Ann Bracey , husband and wife ,
Lots 5 & 6 of the Revised Plat of Block 9 of Mountain View
Addition to the City of Fayetteville , Arkansas .
AFFIANT , further sayeth not .
• /
Win e S . JBronson , Jr .
BRONSON ABSTRACT CO . , INC .
BRONSON ABSTRACT COMPANY, INC.
28 E. CENTER PHONE 521.4100
FAYETTEVILLE, ARKANSAS SHEET NO.
.7�1
REVISED T OF BLbC (4jIt 15
OF THE R ISTD PLAT F
AMOUNTf1� I N IEW / DDI ON
1 '17. 2' 8'
COMPAN `C 57. (4')
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Lt=GENA /� � U1
f rope,'(r� owned �y �� 022 O
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HDU r+ 1 . LoNcin�o f PHYLL' $ J .
l.. or�4iNo, F4f � ,P $ LdCK '9
R[VISfFD PLp.T
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BILL OF ASSURANCE
OF
HUGH E. LONGINO AND PHYLLIS J. LONGINO
Husband and Wife
This declaration of a Bill of Assurance is made this day of
, 1980, by Hugh E. Longino and Phyllis J. Longino, owners of
the following described real estate located in the City of Fayetteville,
Washington County, Arkansas, and more particularly described as follows,
to -wit:
Lots 1, 2, 3, 7 and 8 Revised Plat of Block 14 and 15 of the
Revised Plat of Mountain View Addition to the City of Fayetteville,
Arkansas as per plat of said addition on file in the office of the
Circuit Clerk and Ex-Officion Recorder of Washington County,
Arkansas.
WHEREAS, the City of Fayetteville by Ordinance No. 2634 has re-
leased, vacated and abandoned all of its rights together with the rights
of the public generally, subject to reservation of utility easements in
and to the portion of the street described as follows, to -wit:
That portion of Company Street lying between Assembly Road and
Vinson Street and bounded by Blocks 9 and 14 as shown on the
revised plat of Mountain View Addition to the City of Fayetteville,
as per plat of said addition on file in the office of the Circuit
Clerk and Ex -Officio Recorder of Washington County, Arkansas.
WHEREAS, said ordinance shall not be effective until such time as
the owners of Lot 7, Block 9 of Mountain View Addition and the owners
of Lot 7, Revised Plat Blocks 14-15 of the Revised Plat of Mountain
View Addition execute a Bill of Assurance containing a covenant running
with the land that said lots will not be sold as land locked lots.
WHEREAS, the owners of Lot 7 of the Revised Plat of Blocks 14-15
of the Revised PLat of Mountain View Addition, having promised and agreed
to make such a declaration, are desirous of making such declaration in
the form of a Bill of Assurance with the intention of guaranteeing that
Lot 7 of the Revised Plat of Blocks 14-15 of the Revised Plat of
Mountain View Addition will not be sold as a land locked lot and to
bind themselves, their heirs, successors and assigns and the afore -
described real estate and its subsequent owners with the obligations
and restrictions hereinafter set forth.
NOW THEREFORE, the owners declare that the above described real
property shall be held, transferred, sold and conveyed subject to the
covenants and restrictions herein set forth, as follows:
(1) At such time as title to Lot 7, Revised Plat of Blocks 14 &
15 of the Revised Plat of Mountain View Addition shall pass from Hugh
E. Longino and. Phyllis J. Longino, husband and wife, to any other
person or entity, either by conveyance, devise, or intestate succession,
said property shall not be sold as land locked.
WITNESS our hands on the date and year herein first written above.
Hugh E. Longino
Phyllis J. Longino
ACKNOWLEDGEMENT
STATE OF ARKANSAS
ss
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before the undersigned notary
public, duly commissioned and acting in and for the County and State
aforesaid, personally appeared Hugh E. Longino and Phyllis J. Longino,
husband and wife, known to me to be the persons subscribing to the above
and foregoing Bill of Assurance, and who acknowledged and stated to me
that they had signed the same for the purposes and considerations there-
in contained.
WITNESS my hand and seal as such notary public on this day
of 1980.
Notary Public
My Commission Expires:
ORDINA! CE NO. ¢W - .r , STATE of ARKANSAS l
AN ORDINANCE VACATING AND r 99.
COMPAN INC THAT PoBETW OF County of Washington J
COMPANY Y STREET BETWEEN N
ASSEMBLY DRIVE AND VIWSON
STRE&T.
WHERR EAS, a petition was duly Tied
with the Board of Director, of the Clly Tj hereby certify that I
of Fayetteville, Arkansas, an the rrd am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily
day of May. lied, asking the Board of
Directors to vacate and abandon Be newspaper having a second class mailing privilege, and being not less than
tmrowtygien te street located In four pages of five columns each, published at a fixed place of business and at
thewit: sty a FaFnyetavilk, Arkams, to a fixed (daily) intervals continuously in the City of Fayetteville, County of
9 be pmt Assembly se Coy Roo anevty. Washington, Arkansas for more than a period of twelve months, circulated
ins h ttwea atCom any t Vim
son Street and handed try Blocksaaod and distributed from an established place of business to subscribers and
14 u slsown on the revted plat of
Mountain Viisw Addition a the City d readers generally of all classes in the City & County for a definite price for
Fayetteville, as per plot of isk addl. each copy, or a fixed price per annum, which price was fixed at what is
don m file in the Slice d llr Circuit
Clark and EzORheio Recorder d considered the value of the publication, based upon the news value and
wSohhnter due mu service value it contains, that at least fifty percent of the subscribers
WHEREAS, after due notice as tvt
quires by law, the Board d Dlnclas I thereto have paid cash for their subscriptions to the newspaper or its agents
has, at the time and piece ad fan= m { or through recognized news dealers over a period of at least six months;
the notice. heard ae person dokktg
to be heard on the hthention and hasf and that the said newspaper publishes an average of more than forty percent
oseertaaed that thenation d the. news matter.
Street MeeiMMnf .1..'MLwI I ;
.v w -
use as a street: -bas ml actually ores I further certify that the legal notice hereto attached in the matter of
used by the p,aic fora penal d many:
years; that all
ins rethed abuttinguponI o' / � t� / --f•+� L)��
shad bbd met, hen amwoned e
this etrtdoonhe el and that tie oubbe,
adverst' and bastion' y he not dr.
rm t01rvchported dsSes.a- ....1
pREYCastrat. ..1 was published in the regular daily issue of said newspaper for
NOW, THEREFORE, BE IT OR., consecutive insertions as follows:
TORS OF THE CITY- OF FAYET-
DAINFD BY THE BOARD OF DIREC.
TEVIIJE.ARKANSAS:..
( section 1: The City of Faydavilb, The first insertion on the day o[ )7g11
_ Arkansas, herby rtkasn, nuts
and abandon all of Its ripQ�td, togettn .
withthe righudue pu gemeney, the second insertion on the day of - 19
..subiect to reservation of utility
easements In and to the portion at the
stmt, describedaa fdbws.to•wit: the third insertion on the .day of 19
That portion of Company Street ly.
Ing between Assembly Road and Yin'
soh Street andbounded by Blacksaand and the fourth insertion on the -_1y of 19
• 14 as shown on the revisal plat d - p,
Fayettevinille,
View Addition la to the d a d ^A H
• Fan an tile
as per pVlat f said audit ( .nUl IVIAJ[t L�
on on in the ficio R tba circuit
• Clerk Washington and Es -Officio Arkansas.
d
WSection 2: e C ty of F y
rebyon a The City o Fayetteville 1
acroby rarn the above es, roe; l Sworn to and subscribed before me on this \ B1'-.. they of
across, and to o under area ve, a ay. j
'street e,eantropelay.were,reap,
enlarge, and operand r anditr
'sewer pipe Ross and public utility �1y 1!I��
line.
I. Secliona: Asaeohationtatheaban• C �l b
donment of said portion of street, the �r�'
City shall be held Iree and harhnkt
from liability as to any claims of the ,
avntinguao property owmes..for Otary'Pub11C
J
damages to the property dncrtbed
hertn, which damage my rdiot treat ,
the City, or other utility eempahtin MY Commission Expires: 1`I, .-',
"moving and relwaling public utility `�
tine located to or upon Said portions a`;,I • \i
Yid stets. ... .
Sections: Said utility easement shall 6t
be far ON Istas"I Of the electric power g—� %. •ht\ ";�•.
-ttc000c�.ppp.anles, lekohat, and e companies, gas
.tern A,
-p City S Faye1• Fees for Printing• n.�`;,, ih'n,J..
,Waked, said uever,
that upon tl and
the Fay
ty
lmwme_nuwk.��LLeinbec City meta
1a: property snag become the Cost of Proof f
properly of the abutting property
awnerk.1 , ,
du • • . ..
Section le A stir d the ordinance Total =
ty 011111 dby thhe CitY Clerkshall x.
filed In thedfiad the In the
tie .
County and recorded In the Deed
Records a thhe County. `t
Section a: This ordina i dull nor
be n eL ockn one u ain R'eC 1 V! D
View A of Lot 7. Block s d Mountain 1 G �.a
Vieweddilt aoc %downer a lain
View flat Blacks cu 14-1301 Moulin'
View Addition dregste a Bill a - ''-h 1 1JCO
Aterarhtt aentat t,at aavaantruts
beu do tba kits that ek leis whit het '
be add as land locked Iota.
1
• PASSED AND APPROVED THIS Af:f,'�yt;+yP."ItrLB
tandajd May, told. ,
.. ,oRa .'ra+APPROVEDa
4' ••.:John Todd '
•••••4 it'>,! -C MAYOR )
`SeuoleGmiN .''a'•t,t'x=.`1