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
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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 :
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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
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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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• ' duly recorde . reccrd - at age,Q-"G
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.
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REVISED T OF BLbC (4jIt 15
OF THE R ISTD PLAT F
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