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HomeMy WebLinkAboutOrdinance 2634 i FOR REUG �[' a� 3 Igo Pahl 23 PM 3` 40 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 , /yE O . 1_ ZW. lam', 10 L d U E (r N � Cid ERK '9 I1C924 C 0 . ..•; 1 r r 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 7 17 13 \ � . 16 / -f-I �I�L•'OQ__ I ,I 10 --. i1I I I 1' 912 1 14 IS 15 P 7 O 8 JLO <16 6 Q 17 2 I 2 3 18 � - ROCKWOOD7 w 12 L3 W 15 16 17 18 1i' � 8 9 1 S4— —9 '`•_I—IlI,.—T+_ro- -_ _:I._Ia _I. _II-1'. 14 10 I I - Ld LLJ � '> 5 3 2 1 > 3 4 3 2 1 pI�- c P—F— R ' \G1I3I�l I Q 4 BEC - - STREET 14 - 8 13 :I I� )- 1 IS16 1 17 18 191 20 ! 2r 3 12 , -IS 1=6 6 (� C 2gi 4;Qjj Oj2 I 4 v --- TRUST; STREET- 5 ; 6� CAl I to 7 ' 1 .' II j ,4 \� � \� 9 1110 If 121 13 14 14 .. 131\' Jlo 3Q � 7 \ 8 Sof.. ' \ . 7 i .. . r 4 ,1) 2 , � . II 31 STREET t ` 1. it II 14 6 to xo 6 ,+ • _ 12 13 ----- 5 tI 17 `' 8 -----\\ 11 12 X13 7 7 1 8 O . B 11 S 4^ 3 2 t 7 17 4 'i 7 '-\\ 4 `. .3 \, 218 \ \ o. I40 — - - � I � v - ; _ ff ,. arA =: w G - CL- jo \v IS Oza F 't6 Z+. • f � V r. �/ ~ Vr is 19 t - - not 1 111 �e w ` N to 0 it D. 5° di Q L N 5 . ti Pt � dj 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 L7 LZ day, °} — �T1at ��o�'clo,:!aAtd, and the same i in �} • ' duly recorde . reccrd - at age,Q-"G Witness my hand and seal this day of lg . 1 Circuit Clerk and `Hl e-01 ;'dO R2corded . i....�• By o i h c0MPA—NYrp rTip � x � L Ch _< ass pUIT z m 'n a 'M A P L- - \5 T, c f b se Z -� � � • � n Q-e P to 3 -� � T -+� rA R d ASD $ � ti o x SL a Qn Yq n t o O II �i �1e1O ,(lod R6 po 0;0!.10- 1ia10 11n0nO lleas pue PueU ,cw ssaul!M 10 Rep- :o'o� u, pjooai ,gnp i aed to pW si awes aLi , r .4 'Ii /4 RePAlcUlU- a:o1 Jo Poxauoe atiu.�'� j01 JaPJOoaa 0!3wo-x3 pue XIO 31noi1O ',oflunoo o I FiunoO uoi��- .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') 1 �4' lIZ' Lt=GENA /� � U1 f rope,'(r� owned �y �� 022 O Z HDU r+ 1 . LoNcin�o f PHYLL' $ J . l.. or�4iNo, F4f � ,P $ LdCK '9 R[VISfFD PLp.T 1 l3� c E. 13oRA< E:\/hA ) ZvRf /� RJ (�2AC6V, fff J �O /hpUN1A� N Vl �xl �$ Awl -PDN r