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HomeMy WebLinkAboutOrdinance 2641 FILECI FSR RECO n // I'll JUN 25 Alf I1 : 15 ORDINANCE NO . a !O �Z WASH G ON COUNT ARK. CIRCUI CLERK AN ORDINANCE VACATING AND ABANDONING AN UNOPENED ALLEY LOCATED IN BLOCK 2 OF SUNSET ADDITION AND AN _UNOPENED ALLEY IN BLOCKS 13 AND 14 OF FAIRPARK ADDITION TO THE , CITY OF FAYETTEVILLE , ARKANSAS . MI ! R0 .j h 'a MED WHEREAS , the Board of Directors has the au un Ark . Stat . 19 - 2304 to vacate portions of alleys which are 17 not required for corporate purposes ; and WHEREAS , the Board of Directors has determined that the following described portions of Block 2 of Sunset Addition and Blocks 13 and 14 of Fairpark Addition are platted but unopened alleys which are not required for corporate purposes . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the City of Fayetteville , Arkansas , hereby releases , vacates and abandons all of its rights together with the rights of the public generally , subject to the reservation of utility easements in and to the following described property : Beginning at the southwest corner of Lot 1 , Block 2 of Sunset Addition to the City of Fayetteville , Arkansas as per plat of said Addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County , Arkansas ; thence east along the southern boundary of Lots 1 , 2 , 3 , 4 , 5 and 6 of said Block 2 of said Addition to the southeast corner of Lot 6 , Block 2 ; thence south to the northeast corner of Lot 71 Block 2 of said addition ; thence westwardly along the northern boundaries of Lots 7 , 81 9 , 10 , 11 , and 12 of said Block 2 of said Addition to the northwest corner of Lot 12 , Block 2 ; thence north to the southwest corner of Lot 1 , Block 2 , said point being the point of beginning ; ALSO Beginning at the northwest corner of Lot 7 , Block 14 of Fairpark Addition to the City of Fayetteville , Arkansas , as per plat of said addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County , Arkansas ; thence running eastwardly along the northern boundaries of Lots 7 , 81 91 10 , 11 , 12 , and 13 of said Block 14 to the northeast corner of said Lot 13 , Block 14 ; thence north 16 feet ; thence west 463 feet , more or less , to the southwest corner of Lot 6 , Block 14 of said Fairpark Addition ; thence south 16 feet , more or less , to the northwest corner of Lot 7 , of said Block 14 , said point being the point of beginning ; ALSO , Beginning at the northwest corner of Lot 7 , Block 13 of Fairpark Addition to the City of Fayetteville , Arkansas , as per plat of said Addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County , Arkansas ; thence eastwardly along the northern boundary of Lots 7 , 81 9 , 10 , 11 , 12 and 13 of said Block 13 to the northeast corner of Lot 13 of said Block 13 ; thence north 16 feet ; thence West 440 feet , more or less , to a point 16 feet North of the northwest m1G17 686 MICROFILMED 2 corner of Lot 7 of said Block 13 ; thence south 16 feet to the northwest corner of Lot 7 of Block 13 , said point being the point of beginning . Section 2 - The City of Fayetteville hereby reserves an easement on , over , across , and under the above described alleys to construct , lay , remove , relay , enlarge and operate public utility lines . Section 3 . As a condition to the abandonment of said alleys 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 alleys . 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 , Section S . A copy of this 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 the County . PASSED AND APPROVED this J7 '- day of , 1980 , APPROVED : �G j ASSISTANT MAYOR ATTEST : CER'CIFICATE OF RECORD State of Arkansas ( SS / Gity of Fayottcville I, Bonnie Goering, City Clerk and E:c-0fflct6 City Clerk recorder for the City of Fayetteville, do berc by certify that the annexed or foregoing is of record in my office and tine same ap- pears, is Ordinance & Resolution book . •� ;• , . � , ; .�, '• � ` L,X__at page �' � ,3... Witness my f 9 v d '•.', 7 f day of hand and ^ al this r i , 19 ' U1!?' �- City Clerk and Ev-Officio R.^cr: '�'- CERTIFICATE OF RECORD STATE OF ARKANSAS J Washington County SS. 1, Alma L. Kollmever, circuit Clerk and Ex-Offlclo Recorder for Washington County do hereby certify that the annexed or fore- son Instrument Was F.Izd for record in my office on thul�day of , q,b„// /o'clocl�M, and the same ,i��, II duty r orded in--- - ';'fir�—tl/—record at pagaei& Witness my hand and seal thisday of 1SLo = 1017 68`7 Circuit Clerk and / tficio Recorded By om Deputy Clerk ABA SU.NSEu]L\c AS cSnRr:SEDr ALLEY LOCATED IN BOCK 2 OF' s UNOPENED ADDITION I AND A11 STATE of ARKANSAS AD. 4 :\LI.E}" IN BLOCKS p as. AND, a of FAFP,ARK ,\DD1-UE. I County of Washington ._ TO THE Cil'}' OF Fal'F:TI'E\'ILLE. ARKANSAS ' \VDERE;IS, the Board of Directors has the authority tinder ,Ark. Stat - 19 =Ye1 ra Vacate portion. Of alleys / I�1� �/rf�' hereby certify that I which 'are not required for vnrlmrale purpmes: :md am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily \VIIEIIEAS. the Ruard a1 Directors has dete'rnaned ilial ore mmndi,g newspaper having a second class mailing privilege, and being not less than descdbM portions of Rloek 2 of Sun..t Addition am Itlorkh 1:1 and la of tour pages Of five columns each, published at a flied place of business and at Fairpark Adddior arc plotted bm a fixed (daily) intervals continuously In the City of Fayetteville, County of • unuper:ed alleys "Inch are not . re. Washington, Arkansas for more thaa a period of twelve months, circulated ieirtd for cnryorale puqunes, SLAV IIIEREFOIIE. IIF: IT OR- - and distributed from an established place of . bustness to subscribers and TORSO TH E(In OF' DIRET- readers generally of all classes In the City & County for a definite price for TORS OF THE OIT}' OF F'A}"ET- TEection ARKANSAS each copy, or a fixed price per annum, which price was fixed at what 1s Sills. I:Arkansas. h Cite of leases. considered the value of the publication, based upon the news 'value and V�alts ne ate dons all of jib ri In - service value it contains, that at least fifty percent of the subscribers together with the rights of the public generally, subjectto the resemationof thereto have paid cash for their subscriptions to the newspaper or its agents neertiedrsand to the rouow-gdsteasements or through recognized news dealers over a period of. at least six months ; Beginning at the _mvtnwest corner of and that the said newspaper publishes an average of more than forty percent Lot 1. Black 2 of Sunset Addition to the news matter. Cil' of Fa%ettevtlle. Arkansas as per of the Circuit (.ler:dition % tole ndo Eh Officio I further certify that the legal notice -hereto attached in the matter of Recorder of Washington n l'g the . Arkansas: Ihence fall: along the �� anthem id B] k of Lot. L 2. 6, s. o and Gotsaid Block 20l said 6. Hlocn b _ the thence gouisi corner rt Lot b. Blrek 2: Ihence snmh to 1M northeast corner of � ' but 2. Black 2 Of said addition: thence westwardly ;long tin: anthem bion was published In the regular daily Issue of said newspaper for dories of Lots ). x, A lo. 11, and 12 of consecutive Insertions 88 follows : said Block 2 of said .Addition In the nor- thevesl corner he Lot 12. Block 2: -TU f v thence north collie id pones singcornerthe The [fret Insertion on the day OC 1 18 Lot L Black 2, sold point being the point of seginring; _ ,Also Beginning al the norcorner of the second Insertion on the day of 18e C7. Black 4 or Fairoark ark A Addition to the City of mid addition Arkansas, has e the third insertion on the .. day of 19 per pot th said addition an file in the or(ioe of the Circuit Clerk andi04 rico Recorder of Washington _atunly, and the fourth insertion on the day of 19 Arkansas: thenen running id BlWrdlc M ■ n ` y talong the northern hoindaries of Lots [ a➢ 1, [� �b vyalr o the 10 1112, cornnd er of said utak 3. `/`" _— • to the northeast corner eJ said Lm e wAn _ Block H: thence north feet ' est (set, more or t less. to cs, to the southwest earner of Lot 6. Bhwk 14 of -kms said Fairpark Addition: theuM south Sworn to and subscribed before me on this Q 1 ` day of 16 feet, more or less, to the nordauest corner of Lm i, of said Block IJ, said point being the point of beginning: ALSO. Beginning at the northwest 19 corner of 1.01 ], Black It of Fairpark Addition to the City of Facetlecille Arkansas, as per plat of said Addilien I \ tU 0o file in the Office of ;he Circuit Clerk and Es-Officio Recorder of NO ry. •Pub1IC Is ashington Count'. Arkansas: thence eustvardh' along the northern boon- dans of Lots i. a, 9, las. 11. 12 and 1:1 of r said Black lA to the northeast corner of My Commission12,Z) Dl[es: Lot 19 of said Block IJ: Ihence north IG h _ feu. themJA e \Cell I fwd, more or \\ Icss. a paint 161et•t North of the our tbsI rom corner of Lot ] of said Block Il: thence sOUbof Lo 16 feet m the said point - corner of Lot ] of Block IJ. said point ^ ^ / ,Al. ' • ' being the pointof beginning. ` " `'t •�\ Section 2. The r,ca of Fay ti. finer Fees for Printing _ f •'a• � '� � '' , r heresy hsen'es :m casement on, over. across, and under Ins above t es vela% alters a construct. lap, remove, reov, Cost of Proof enlarge and oprrete public utiliic tie . a Sedion2. Aso alle%slinnml staban- llbe Total dell fee nand h alleys the from shall b, held free and harm)ss from ousility pe loan) claims of the cunt to the pro- pert' ae'ners for damages to the pro- Pert; from herein, which damage ma companies team,the iii and otherulili. Ivcampab"' lesl ngaci it, o upon said v utilirr lines Ia mM in a upon said vasa tedai u!l _ l! is- -•� Section th J. Said utf the easemenP encil. be for the . telephone of the s jais. Tti companies, telephone vompnnie•s, gas rompanies, anJ the Cily M F'aret-I .. se„ t'j, ;i Section leeed Arkansas. lX^�1.^•• . Son 5. A cagy of Lha Ordinanre '- dulveerli(iedbq the City Clerkshallbe - _t fe A ; filed in the o(Iire of the Rrrorder of the County and recorded in the Dadl ,i•rttl`=='S Records of the L'ouniv. _ PASSED AND APPROVED this nthl day of June. 1980. APPROVED:' - Paul R. Nolmd ASSISI'ANI \LAYOR AonnieGoering - — Cil) geek Q �,��o�(PiErTf��� , v ., „yam /� ��,` FAYETTEVILLE, ARKANSAS �F CITY ENGINEER'S OFFICE 9����TOH COVE✓i P.O. DRAWER 71701 15011521-7700 o-- �1- _ May 8 , 1980 C\ � 4- Mrs . Bobbie Jones City Planning Administrator Q,LIJ�to',J"' Fayetteville , AR 72701 Dear Mrs . Jones : As you know the Arkansas State Highway Department and the City of Fayetteville Water and Sewer Department are acquiring additional right of way along 6th Street and Highway 62 for widening , curb and guttering , etc . The Highway Department has taken from 10 to 15 feet off the lots on the north side and the City is taking an average of 10 feet off the same lots . s of Block 2 Suset Additio nand Blocks 13 and 14 of Fair Bank Additi have never been opened or used as alleys , so it it our desire to officially close them and it will add more footage to the lots taken . We would appreciate your approval and efforts to close them . very truly yours , to Ed N. Connell Right of Way Agent ENC/skb Don Bunn Plat Review s- 2z -ao 1 L LEWIS - _ 40 —Sc — 'a < — 4 40 N — Z Ln _ N - rr, N - 1 A r _ N _ .. .. f'1 - N --I -- -N• • _ O L r` 3 _N _- — C ---W —� W p c O W (!) fTl O A - W C --0— rn - m i LP Ln Ln 7-1 Y P - - - 'EASTERN n ^^ F�T' F 01_7 ARBUCKLE LANES Z J ` O OD p ' w � u � ..o. — - -RAZORBACK — i K 1' n L v i 1 Ll i2 as (r O z e o A = D - . . . ---- - -- - - - ---- GARLAND - - - - - l 405 Administration Building Fayetteville, Arkansas 72701 WUNIVERSITY OF ARKANSAS Office of the General Counsel May 14 , 1980 Mr . Ed Connell Right - of-Way Division City of Fayetteville City Hall Mountain Street Fayetteville , Arkansas 72701 Dear Mr . Connell : I enclose for your information a portion of our survey showing the existing . fence line as it relates to Block 14 in Fair Park Addition . This is the matter we discussed by telephone . In view of the fact that Mr . Kemp made our survey and has given Mr . Cummings a survey that differs with it , I would ask that the City of Fayetteville hold up any move to vacate the alley in Block 14 until Mr . Kemp can explain which survey is correct . As you can see , the existing fence line is not shown on this survey to be in the North 1 / 2 of this alley , but actually on the back of Lots 9 - 12 , and thus South of the entire alley . Also , I need to know whether the City has in mind the vacation of the East to West alley along the North side of Block 13 in this Addition . As you can see from our survey , our fence appears to be in that alley , and all the way to the South edge of the alley for at least a portion of Lot 7 , Block 13 . This problem is further complicated by the fact that the property owner which filed the plat expressly stated on the face of the plat that no dedication of the streets and alleys was made or intended . I enclose a copy of that plat containing that language . As soon as I have heard from Mr . Kemp , I will be in touch with you . S ' c r ly , Ray Trammell RT : dm General Counsel Encs . The university of Arkansas is an eoual opoortunity/affirmative action institution o9I a "•d y '-'3 l ` Cd ui�onso3ak ' y ZL ; n LSEL� S� ounf Psoaad 163 paTc3 1 _ En m 0 o' zi 1 it �• o, f� d ♦ _r � . v , :, W4 - \ C+ N c, c+ M - •\ _ '? a_s• ,}' . , L ILL aleos -os ° r ._ . _ _ . r / - C+ � W0 r•I m i C+ o o x o , oRr . oC oG , odr •�` od / oL . oL , oS/ O ri pi co 0 (D y O G S� �'1 [� !D 0 CI C,1 V• CD O r: -) ym t* C-1 w 0 - m o _ \ m O O y t > -? m r• \ d Y C+ C+ O Ch n ,, C+ O 5 H O y n ° °• m " D T H ` b C3 Cf C� ^� o 1 9 ° ❑ < 7 y � µ ' ` (D . r° O N . I V L C F [ n 6 G N O ': fi . n I • i \ C/1 i i (D N• ^ ry 1+ 0 '.1 Nppi F(ID O O y N C') C~ T o 0 [1 O T Im • d r ry tL J 'U `` N' cl r S C 8 < £ m o N .� �?, o Ir IN Cf O (A, F I m O 41 VA V h° .; cn C+ \ a• of ` v o t, O r ° C I CJ t \.._._rd' rr 11i � , . , s6z vl 1S _ / Hs -7 � L [ �C/ • K 1 7,T 77 _ 'v. rr �t a. 4•'I .r �:.c� �"•-1 'N � ' �,, �F( 1q.cc+ 1 !f i} a t. } ir4i .. t , • �t . rr �. ',1 .'tir: 1 ,' . 'd^•. h I if � `!tet t 1. •tr � 4t to: ,il ,. . r i� . t': r ` 1�. t r I l t t• • 11� r ORION, • r . ( ;•t , *fit:i' �•:.d.,r.:' . . �� ''• 1r� r 50 ' 71 . `�0' I 16 71 .50 I 150. t ' 'J k I _ III co. :. . Ali 1 NORTH 0 ` ti w J W1 `^ C I 1 0 m O i'n IUl .r t� C) JJ r ^ • • j � O it n CD r Y!' W • 1 I I (OD ' T I, qr r. r N N �•i`,1 '•: :.. '1:51 j '4.� 6 ty ii, _ _ - .._ t _ V•1 - . ..� /L.L E {'l . r�•li' ' t,� 1: 5'.rl . f t-7 : Ct .Qu _ -. . yi� - 'Or _ AIOR MUl ' nay ' w l Icy SouTH 4' z9 « ww 157 , 00 V 1 SO� LP XI O LO ILD Q) j 1 1 ' - - - - ,%,- SOUTH i 157 . 0 ' 4N ob I • a } a5 tD Q1 dr m e mo i pi -- - GO 0 NI 1 m � O 1 o ` 8 Ii G iH al I 4 ktl t r ,1 1 •n r -,n —. � 9 �tt�d'r ti . ` Irr ,t � i � j ri, S. m ri � 1 1;`;C�:JtS ` Pj. ,. 11 .ie • 1 r �? A LA tak • , Z r'� .K t ' d lrpin r` ' plud to . . ' ,`. . . P. C ' 1 0 w 441 tl 1 Iii t t b N0% CC Ic t "- ?K 01 In . .� . . � r I v r r e4 r - 7 m T o�INIETTF�, �� �r '4�, FAYETTEVILLE, ARKANSAS I $ , CITY ENGINEER'S OFFICE EION ���� P.O. DRAWER F 72701 (501) 521-7700 May 8 , 1980 Mrs . Bobbie Jones City Planning Administrator Fayetteville , AR 72701 Dear Mrs . Jones : As you know the Arkansas State Highway Department and the City of Fayetteville Water and Sewer Department are acquiring additional right of way along 6th Street and Highway 62 for widening , curb and guttering , etc . The Highway Department has taken from 10 to 15 feet off the lots on the north side and the City is taking an average of 10 feet off the same lots . The alleys of Block 2 Sunset Addition and Blocks 13 and 14 of Fair Bank Addition have never been opened or used as alleys , so it it our desire to officially close them and it will add more footage to the lots taken . We would appreciate your approval and efforts to close them . Very truly yours , Ed N . Connell Right of Way Agent ENC/skb 1 GORDON L. CUMMINGS ATTORNEY AT LAW 34 EAST CENTER FAYETTEVILLE, ARKANSAS 72701 -----8- TELEPHONE (501 ) U3-1400 August 2 , 1979 Board of Directors of City of Fayetteville City Administration Building Fayetteville , AR 72701 Dear Sirs : I am asking that the Board ofDirectorsof the City of Fayetteville , Arkansas , vacate as authorized by 519-2304 of Arkansas Statutes Annotated , an alley described as follows ; to-wit : Beginning at the Northwest Corner of Lot ( 7 ) , in Block 14 of Fair Park Addition , to the City of Fayetteville , Arkansas , running thence 463 feet to the Northeast Corner of Lot thirteen ( 13 ) , Block 14 of Fair Park Addition ; thence north 16 feet ; thence west 463 to the South- west Corner of Lot 6 , in Block 14 of Fair Park Addition ; thence 16 feet , to the point of beginning . Thus , we are dealing with a strip of land 16 ft . wide and 463 feet long . This alley has not been used for at least 30 years , if ever , and is not required for corporate purposes . It consists today , mainly , of tangled underbrush . The University of Arkansas has even erected a fence which runs down the middle of a large part of the alley . No property owner could reasonably object , since the vacation of said alley would result in the acquisition of 8 feet of additional property for each of them. The public would not be inconvenienced by the permanent closing of said alley since it has not been used as an alley for at least 30 years , if ever . The existance of said alley does not serve any corporate pur- pose or public benefit and its closing is in the public interest . Enclosed are a copy of the original plat in which the alley lies , a copy of part of the zoning map and a survey for easier identification of the alley to be closed . I hope you will consider and act upon the closing of the above described alley at your earliest convenience . Sincerely , s G . L . C . dd Encls . PLED IN MY OFFICE �HIS DAOF LL1 e<0-4e'7f 19 � '� = City aleft - - 'I L LEWIS _ .o o.o 4o _ .a N — io N • — - N Z —yr V) .__ — — N . _ _ Z -1 w Z a . z w w to O — — ` Z A _ Q— — J co ri --- -EASTERN °O' I - Q— ' 4. { i A of i O ,ARBUCKLE LANE= O0 I ^I i I � � Of eo O '-'n I � W 1 ` _ �I O � � ..o. — — - -RAZORBACK — I i Ln r„ I II I I ' I p 'J b b -- I G II p LP of A N I ' ➢ I i o GARLAND j- - -; C 1 f 7 • • • • • 1. . 1 / 1 !i! -2 H* 3 I../ 1 G o v o F i Jamr ,, y- G� �Cl , � U'•l \l'+ LV�" 11 ' _ n (\ I C' �,1.L l./� _/" �Ir :() ) / Y 6r- 7',7-ct!7 n I; bit P.O BOX 1001 FAYETTEVILLE, ARK. ►HONE 1501) 162.6132 Z172701 LAND SURVEYORS. PLANNERS L CONSULTANTS Fs: 5u of Lars Q, 9, I Od II I N 3LK, 1¢. ROGERS OFFICE - M. 13011 6347• OF -FAIR P 1 1 ADD ITIo Ai -F -'ley aTrtv, LL•@, A� - DON L. KEMP RFO6 PDX 342 ROGERS, ARK. 72756 M &uPI N Cu MMIN6.t AfMAN$A3 *4$• IS MISSOURI OFFICE - P. O. SOX 331 ttg3OuR1 RLE f) 13!12 NEOSNO, ws3OUR1 law A . t,n LqK OILuouiuA RL3 • 2 Y r / NSA4{o'LD'e //,.4/'4wc .Jf Sn —r 7/1 H. I , E 1.. 1' , 1 ♦ L dl' I I . I $1 t HHH: J DON L. KEMP SURVEYOR'S CERTIFICATE • I =W teat 1 b... ay..I the a►uw p•tn. R[GI•TERED t w.►..y r the do t..howe, fnw the Igal dotabut» LAND SURVEYO,I' lurulte.d we by .M..T .ad established obowum eh.t •TATZ OF '' !!WMf Ra .hone., Than an a..enn.sbw.e*F w tb. ARKANSAS - .,Mb one.µ.. iadicatad .. tb. plat. All sR..w.et• w•W tIN anM 7 Will" q ea. Is a am eoil••tae NO 1,5 te•III" /q T • � 4 .2 • { COMMENT Comment of Warner Cable Company as to the proposed closing by the City of Fayetteville of the alley described as follows: Beginning at the Northwest Corner of Lot 7, in Block 14 of Fair Park Addition, to the City of Fayetteville, Arkansas, running thence 463 feet to the Northeast Corner Lot 13, Block 14 of Fair Park Addition; thence north 16 feet; thence West 463 feet to the Southwest Corner of Lot 6, in Block 14 of Fair Park Addition; thence South 16 feet, to the point of beginning. Warner Cable, by its authorized agent, does not object to the closing of said alley. COMMENT: '/ .G�-c\.tad'-lIl'1 4' l/V Ll WARNER CABLE (j To Whom It Nay Concern: The City Engineer does not object to the closing of the alley described as follows: Beginging at the North rest Corner of Lot 7, in Block 14 of Fair Park Addition, to the City of Fayetteville, Arkansas, running thence 463 feet to the Northeast Corner Lot 13, Block 14 of Fair Park Addition; thence north 16 feet; thence West 463 feet to the Southwest Corner of Lot 6, in Block 14 of Fair Park Addition; thence South 16 feet, to the point of beginning. 4&�4 jSt. fl I/i 6 Z /�, j� i / i ..c iiLrI LAC �`t iLLG.It'�i GLL�( �7. iW' L-(%Lc(..C�v�'1 (�✓i,L1� ,-c �y yam,` (1 To Uhon it Nay Concern: The City Sanitation Superintendent does not object to the closing of the alley described as follows: Beginning at the Northwest Corner of Lot 7, in Block 14 of Fair ?ark Addition; to the City of Fayetteville, Arkansas, running thence 463 feet to the Northeast Corner Lot 13, Block 14 of Fair Park Addition; thence north 16 feet; thence ',lest 463 feet to the Southwest Corner of Lot 6, in Block 14 of Fair Park Addition; thence South 16 feet, to the point of beginning. L CIT SANITA ON SUPERINTENDENT That the abutting real estate affected by said abandonment or the .• Southwestern Electric Power Company Fayetteville, Arkansas 72701 O ( j5;1 August 3, 1979 Mr. Gordon Cummings P. O. Box 1584 Fayetteville, Arkansas 72701 Dear Mr. Cummings: SWEPCO does not object to the closing of the alley described as follows: Beginning at the Northwest Corner of Lot 7, in Block 14 of Fair Park Addition, to the City of Fayetteville, Arkansas, running thence 463 feet to the Northeast Corner Lot 13, Block 14 of Fair Park Addition; thence north 16 feet; thence West 463 feet to the Southwest Corner of Lot 6, in Block 14 of Fair Park Addition; thence South 16 feet, to the point of beginning. Very truly yours, SOUTHWESTERN ELECTRIC POWER COMPANY Leslie Howell Division Superintendent I- COMMENT Coment of Arkansas western Gas Company as to the proposed closing by the City of Fayetteville, of the alley described as follows: Beginning at the Northwest Corner of Lot 7, in Block 14, of Fair Park Addition, to the City of Fayetteville, Arkansas, running thence' 463 feet to the Northeast Corner. of Lot 13, Block 14 of:Fair*Park ,-• . '-�•' I ': Addition; thence north 16 feet; thence west 463 feet to the Southwest Corner of Lot 6, in Block 14 of Fair Park Addition; thence South 16 feet, to the point of beginning. Arkansas Western Gas:Company;'.b9 its -authorized agent, does not object to the closing of said alley; •;r:i.. . .KANSAS WESTERN GAS /I . I % I I Little Rock, Aug"^t 1979 CONCU RR1'.NCE BE IT KNOWN BY THE PRESEI'TS Chat Southwestern Bell Telephone Company hereby concurs in the closing of the following alley in Fayetteville, Arkansas. Beginning at the Northwest Corner of Lot 7, in Block 14, of Fair Park Addition, to the City of Fayetteville, Arkansas, running thence 463 feet to the Northeast corner of Lot 13, Block 14, of Fair Park Addition;thence North 16 feet; thence west 463 feet to the Southwest Corner of Lot 6, in Block 14 of Fair Park Ad- dition; thence south 16 feet to the point of beginning. SOUTIII?ESTERN BELL TELEPHONE COTiT.ANy • Vice President - Arkansas APPROVED AS TO FORM 'General Attorney Thatthe abutting real, estate affected by said abandonment of the U n y J • 11�� Io I I'1 G . yy_ bj` ei. L( _ -.7.-1 5 4r F �p I'.I I 12 1314 L5 16 17 IS - I . _ I NETTLESHIP .a. u. •8 - 1 I 1 _r 7 �' 2 3 4 S� 2_g S Q.2 7!1 6 W � � I 12; II 10 9 8.7 I r `rI1 5 *MAINE ST. 1 2 i I_ 12} 11 10 9 8 L 7 ,,.:STONE ST. rIL I h2354 3 5 4 5 36 i t FTTl I' NEPTUNE ST. i�a- El El 'I II 2 3 4 5'6 Lii-' 4 121iii 10Jn9e F7 IDI I MITCHELL-. I', 2a1 ' 'II' i as-. S. J.I !.' •9VENUS ST. Z I I N ❑ W 5 I3 '' yJ 1 2 3 4 5'6 <-1 -f .. 2-.. ,. Fli4 10 ...1 12I Io2. 9� . I. '�. g I STATE I STREET 4 O. 3 2 { I I , I I. _ l r7 LE Jl'" Ii- 'dl - 1u U. S 2 3 1 NO. 62 HIGHWAY p, .o ti L T12IH2& 56 I 1 -� • PETITION TO CLOSE AN ALLEY LOCATED IN BLOCK 13 AND 14, FAIR PARK ADDITION AND BLOCK 2 SUNSET ADDITION CITY OF FAYETTEVILLE, ARKANSAS To: The Board of Directors of the City of Fayetteville, Arkansas We, the undersigned, being all of University of Arkansas which will most action by its officials) of the real e hereinafter sought to be abandoned and and 14 Fair Park Addition also Block 2 of Fayetteville, Arkansas, a municipal an alley which is described as follows Beginning at the Northwest Corner the owners (except one, the likely join this petition after state abutting the alley, vacated, lying in Block 13 of Sunset Addition, to the City corporation, petition to vacate to -wit: of Lot 7, in Block 14 of Fair Park Addition to the City of Fayetteville, Arkansas, running thence 463 feet ^to.the Northeast Corner of Lot 13, Block 14 of Fair Park Addition; thence North 16 feet; thence West 463 feet to the Southwest Corner of Lot 6, in Block 14 of Fair Park Addition; thence South 16 feet, to the point of beginning. Block 13 Fair Park Addition and Block 2 Sunset Addition: Beginning at a point in the Northwest Corner of Lot 12 of Block 2 of Sunset Addition to the City of Fayetteville, Washington County, Arkansas, and running thence East on and along the North lines of 12 through 7 to the Northeast Corner of said Lot 7, running thence North 15 feet to the Southeast Corner of Lot 6 thence West on and along the South line of Lot 6 through Lot 1 to the Southwest Corner of said Lot 1, thence South 15 feet to the point of beginning. Also beginning at a point in the Northwest Corner of Lot 7 in Block 13 of Fair Park Addition to the City of Fayetteville, Washington County, Arkansas, and running thence East on and along the North lines of Lots 7 through 13 to the Northeast Corner of said Lot 13, running thence North 16 feet, thence West approximately 441 feet to a point 16 feet North of the point of beginning, thence 16 feet South to the point of beginning. That the abutting real estate affected by said abandonment of the alley are Lots 1 (one) through 13 (thirteen), Block 14 and Lots 7 through 13 of Block 13 of Fair Park Addition and 12 through 7 of Block 2 Sunset (2) Addition to the City of Fayetteville, Arkansas, a certified copy of the original plot 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 affect- ed 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. WHEREFORE, the undersigned petitioners respectfully pray that the Board of Directors of the City of Fayetteville, Arkasnas, 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 asto that particular land the owners be free from the easements of the public for the use of said alley. ENC/skb CITY OF FAYETTEVILLE, ARKANSAS To: The Board of Directors of the City of Fayetteville, Arkansas We, the undersigned, being all of the owners (except one, the University of Arkansas which will most likely join this petition after action by its officials) of the real estate abutting the alley, hereinafter sought to be abandoned and vacated, lying in Block 13 and 14 Fair Park Addition also Block 2 of Sunset Addition to the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an alley which is described as follows to -wit: Beginning at the Northwest Corner of Lot 7, in Block 14 of Fair Park Addition to the City of Fayetteville, Arkansas, running thence 463 feet to the Northeast Corner of Lot 13, Block 14 of Fair Park Addition; thence North 16 feet; thence West 463 feet to the Southwest Corner of Lot 6, in Block 14 of Fair Park Addition; thence South 16 feet, to the point of beginning. Block 13 Fair Park Addition and Block 2 Sunset Addition: Beginning at a point in the Northwest Corner of Lot 12 of Block 2 of Sunset Addition to the City of Fayetteville, Washington County, Arkansas, and running thence East on and along the North lines of 12 through 7 to the Northeast Corner of said Lot 7, running thence North 15 feet to the Southeast Corner of Lot 6 thence West on and along the South line of Lot 6 through Lot 1 to the Southwest Corner of said Lot 1, thence South 15 feet to the point of beginning. Also beginning at a point in the Northwest Corner of Lot 7 in Block 13 of Fair Park Addition to the City of Fayetteville, Washington County, Arkansas, and running thence East on and along the North lines of Lots 7 through 13 to the Northeast Corner of said Lot 13, running thence North 16 feet, thence West approximately 441 feet to a point 16 feet North of the point of beginning, thence 16 feet South to the point of beginning. That the abutting real estate affected by said abandonment of the alley are Lots 1 (one) through 13 (thirteen), Block 14 and Lots 7 through 13 of Block 13 of Fair Park Addition and 12 through 7 of Block 2 Sunset the original plot 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 affect- ed 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. WHEREFORE, the undersigned petitioners respectfully pray that the Board of Directors of the City of Fayetteville, Arkasnas, 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. X70 . �% J)t Dated this .,� i - � day of 19 O r7h21. n ( £c i Sb 'I '_S tie, the undersigned, being all of the owners (except one, the University of Arkansas which :,ill most likely join this petition after action by its officials) of the real estate abutting the alley, hereinafter sought to be abandoned and vacated, lying in Block 14, Fair Park Addition to the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an alley which is described as follows to -wit: Beginning at the Northwest Corner of Lot 7, in Block 14 of Fair a Park Addition, to the City of Fayetteville, Arkansas, running thence 463 feet to the Northeast Corner of Lot 13, Block 14 of Fair Park Addition; thence North 16 feet; thence West 463 feet to the Southwest Corner of Lot 6, in Block 14 of Fair Park Addition; thence South 16 feet, to the point of beginning. That the abutting real estate affected by said abandonment of the alley are Lots 1 (one) through 13 (thirteen), Block 14 of Fair Park Addition to the City of Fayetteville, Arkansas, a certified copy of the original plot 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 affect- ed by the abandonment of this portion of the above described alley. it The petitioners pray that the City of Fayetteville, Arkansas, a- I' bandon 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. 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 /I_4 L//day of , 19M 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 Martin Lancaster, Sandra Lancaster, Thomas Buysse, Agnus Buysse, Maupin Cummings, Louise Cummings, Ermel Swaney Fox, Myrtle Winkle, Faye Swaney Southerland, Billie Pautte, Raymond Mitchell, Dwain Mitchell, William Parrette, John Purttle, Gordon Cummings, Margie Pierce, Carl Pierce, Lewis Johnson, Harold Johnson, Christine Johnson, and Ruth Johnson, seeking to close and vacate a certain alley in Block 13 and 14, Fair Park Addition and Block 2 Sunset Addition to the City of Fayetteville, Arkansas, more particularly described as follows: Beginning at the Northwest Corner of Lot 7, in Block 14' of Fair Park Addition to the City of Fayetteville, Arkansas, running thence 463 feet to the Northeast Corner of Lot 13, Block 14 of Fair Park Addition; thence North 16 feet; thence West 463 feet to the Southwest Corner of Lot 6, in Block 14 of Fair Park Addition; thence South 16 feet, to the point of beginning. Block 13 Fair Park Addition and Block 2 Sunset Addition: Beginning at a point in the Northwest Corner of Lot 12 of Block 2 of Sunset Addition to the City of Fayetteville, Washington County, Arkansas, and running thence East on and along the North lines of 12 through 7 to the Northeast Corner of said Lot 7, running thence North 15 feet to the Southeast Corner of Lot 6 thence West on and along the South line of Lot 6 through Lot 1 to the Southwest Corner of said Lot 1, thence South 15 feet to the point of beginning. Also beginning at a point in the Northwest Corner of Lot 7 in Block 13 of Fair Park Addition to the City of Fayetteville, Washington County, Arkansas, and running thence East on and along the North lines of Lots 7 through 13 to the Northeast Corner of said Lot 13, running thence North 16 feet, thence West approximately 441 feet to a point 16 feet North of the point of beginning, thence 16 feet South to the point of beginning. That the abutting real estate affected by said abandonment of the alley are Lots 1 (one) through 13 (thirteen), Block 14 and Lots 7 through 13 of Block 13 of Fair Park Addition and 12 through 7 of Block 2 Sunset Addition to the City of Fayetteville, Arkansas. -2 - 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 on June 17, 1980, at 7:30 P.M., in the Board of Directors Room, City Administration Building, Fayetteville. 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. This notice first published on this day of June, 1980. Bonnie Goeringw CITY CLERK Notice is hereby gl, en in all 1wrsons that a petition has been filed with the City Clerk of the City of Fayelleeille. Arkaasns by Marlin lanc:nter, Sam dra 18m•aster, Thornav Ifuysse. Agnes Buvsse. Maupin Cummings. Louise Cummings, Er;ncl Saaney Fax. Ayr-. lie IVinkle. !'aye Sw:mcy SoutherluM. Billie :'aulle. ttavrnond Mitchell. ❑wain Michell„ Vii ham Pormlte, John l'urttle. Gordo., Cummings. Margie Pierce Caul Pierce. Lewis Johnson. Ilarold Johnson. Christine Johnson. and Rulh Jnhllmnl. srtking 1': Close and vacate n remain alley it ❑lackt13 and 14. Pair Park Additlor ::nit Block ^ Sunset Addition to the City ..n s'n It Ville Arkansas, more par of Lal 7. in Bock 14 M r air rare. nuul-1 lion to the ('.n• d Fayeltevil@, Arkan4 Las. running thence Cal feet to the Not theast Corner tit Ltd 13. Bock 14 oil Fair Park Addition:' (hence North 16 • lect:t thence Rest 4GJ .feet- to the ':.taL - atFair I Corner of lade in Block Ill of Fair Park A t of tit : thence South IS lee!, to the point ni ta'ginning. Black III Fair Park Addition and Black 2 Sunset Addition: P+egiruiag at a point in the Sort thorn: Comer of Lot 12 of Block 2 uI Sunset Addition In the City of Fay'eb tevdie,\Vashiflt0flhence County. Arkansas. and runuhig thence Fast on and along the North Cotes of 1J through 7 to the tort least CnrmT W said Lot T. running thence North IS te9 to Ilse $rnatl1Past Corner nl Wl 6 thence Kist an and along the South line of lot through Lot I In Its Souihu eel Corner of said i Lot I. thence Stmth IS fret to Inc point el beginning Also(neing atplvnl in the Noator hv est Corner of Lot 9 in Blerk !J of Fair Park Addition to the City of Fuvel seine. t1'ashingtnCoun- t,,: Arkansas, and ruaning thence East on sod along Its North lines of lots through 13 to the Northeast Corner of said Lot It finning (hence North 16 fed, tM-nee PJtst nppnninlalie 441 [eel to a Win. 16 feet North of the point d hegnt ff. lwrx', IG Icel South to the point of heginninq. 7T.at thr diwtUnj real estate of - reeled 4yI ^Laid l abadontirasntl31 thin I .the ing on Said petition. into lea' na .o uc held on June 19. 1!iPt•. at 7::A pm.. in. the Board of lircclers Room. City Ad - Any persons gearing in Ic the matter of this petition are hereby notified to be present, at said time and place to show cause. If ahy.t w•hy said petition should not be granttd.. This notice first published on this 16 day of June.19Gu ' t -rr+' .. _: 3t'nnnnie C«Tina STATE of ARKANSAS _ County of Washington 83 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 thYregular daily issue of said newspaper for______________ consecutive Insertions as follows: 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 v9 Sworn to and subscribed before me on this ____Sl day of Ii Ip IILq, •. 19 • • > Notary Public My Commission Expires: �. / 4 D '•,, Il till, 1, l,,. Fees for Printing _C Cost of Proof y - Total i 9' 4 . nn•� S i V,. r S. GORDON L. CUMMINGS ATTORNEY AT LAW 34 EAST CENTER FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (501) 443-1400 August 2, 1979 Board of Directors of City of Fayetteville City Administration Building Fayetteville, AR 72701 Dear Sirs: I am asking that the Board ofDirectorsof the city of Fayetteville, Arkansas, vacate as authorized by h9-2304 of Arkansas Statutes Annotated, an alley described as follows; to -wit: Beginning at the Northwest Corner of Lot (7), in Block 14 of Fair Park Addition, to the city of Fayetteville, Arkansas, running thence 463 feet to the Northeast Corner of Lot thirteen (13), Block 14 of Fair Park Addition; thence north 16 feet; thence west 463 to the South- west Corner of Lot 6, in Block 14 of Fair Park Addition; thence 16 feet, to the point of beginning. Thus, we are dealing with a strip of land 16 ft. wide and 463 feet long. This alley has not been used for at least 30 years, if ever, and is not required for corporate purposes. It consists today, mainly, of tangled underbrush. The University of Arkansas has even erected a fence which runs down the middle of a large part of the alley. No property owner could reasonably object, since the vacation of said alley would result in the acquisition of 8 feet of additional property for each of them. The public would not be inconvenienced by the permanent closing of said alley since it has not been used as an alley for at least 30 years, if ever. The existence of said alley does not serve any corporate pur- pose or public benefit and its closing is in the public interest. Enclosed are a copy of the original plat in which the alley lies, a copy of part of the zoning map and a survey for easier identification of the alley to be closed. I hope you will consider and act upon the closing of the above described alley at your earliest convenience. Sincerely, dd G.L.C. Ends.HEED IN MY OFFIC HIS DAJ1 City GI?rk FAYETTEVILLE, ARKANSAS CITY ENGINEER'S OFFICE P.O. DRAWER F 72701 (501)521-7700 May 8, 1980 Mrs. Bobbie Jones City Planning Administrator Fayetteville, AR 72701 Dear Mrs. Jones: As you know the Arkansas State Highway Department and the City of Fayetteville Water and Sewer Department are acquiring additional right of way along 6th Street and Highway 62 for widening, curb and guttering, etc. The Highway Department has taken from 10 to 15 feet off the lots on the north side and the City is taking an average of 10 feet off the same lots. The alleys of Block 2 Sunset Addition and Blocks 13 and 14 of Fair Bank Addition have never been opened or used as alleys, so it it our desire to officially close them and it will add more footage to the lots taken. We would appreciate your approval and efforts to close them. Very truly yours, Ed N. Cell Right of Way Agent ENC/skb Ni 5. HI - .«..� . LEWIS .rt4a.. a e _ Gp jFj— pow .GT . Z rd fir— I�. r -I, m ---; --EASTERN %p 1 �. I 2 ; , 1 J y L V.c2__ ' ARBUCKLE LANES � I \H. H I L 'o. : I11 - U, r 'P ----- .f.. --- .' .C z O f it I .1 i! yll GARLAND .. PETITION TO CLOSE AN ALLEY LOCATED IN BLOCK 13 AND 14, FAIR PARK ADDITION AND BLOCK 2 SUNSET ADDITION CITY OF FAYETTEVILLE, ARKANSAS To: The Board of Directors of the City of Fayetteville, Arkansas We, the undersigned, being all of the owners (except one, the University of Arkansas which will most likely join this petition after action by its officials) of the real estate abutting the alley, hereinafter sought to be abandoned and vacated, lying in Block 13 and 14 Fair Park Addition also Block 2 of Sunset Addition to the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an alley which is described as follows to -wit: Beginning at the Northwest Corner of Lot 7, in Block 14 of Fair Park Addition to the City of Fayetteville, Arkansas, running thence 463 feet to the Northeast Corner of Lot 13, Block 14 of Fair Park Addition; thence North 16 feet; thence West 463 feet to the Southwest Corner of Lot 6, in Block 14 of Fair Park Addition; thence South 16 feet, to the point of beginning. Block 13 Fair Park Addition and Block 2 Sunset Addition: Beginning at a point in the Northwest Corner of Lot 12 of Block 2 of Sunset Addition to the City of Fayetteville, Washington County, Arkansas, and running thence East on and along the North lines of 12 through 7 to the Northeast Corner of said Lot 7, running thence North 15 feet to the Southeast Corner of Lot 6 thence West on and along the South line of Lot 6 through Lot 1 to the Southwest Corner of said Lot 1, thence South 15 feet to the point of beginning. Also beginning at a point in the Northwest Corner of Lot 7 in Block 13 of Fair Park Addition to the City of Fayetteville, Washington County, Arkansas, and running thence East on and along the North lines of Lots 7 through 13 to the Northeast Corner of said Lot 13, running thence North 16 feet, thence West approximately 441 feet to a point 16 feet North of the point of beginning, thence 16 feet South to the point of beginning. That the abutting real estate affected by said abandonment of the alley are Lots 1 (one) through 13 (thirteen), Block 14 and Lots 7 through 13 of Block 13 of Fair Park Addition and 12 through 7 of Block 2 Sunset (2) Addition to the City of Fayetteville, Arkansas, a certified copy of the original plot 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 affect- ed 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. WHEREFORE, the undersigned petitioners respectfully pray that the Board of Directors of the City of Fayetteville, Arkasnas, 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 asto that particular land the owners be free from the easements of the public for the use of said alley. Dated thi 5%TdS SPA A.. I ��L•�. .� .�� IA. t/('luui%/ day of19 ME:, ig4d City Clerk PETITION TO CLOSE AN ALLEY LOCATED IN BLOCK 14, FAIR PARK ADDITION CITY OF FAYETTEVILLE. ARKANSAS TO: The Board of Directors of the City of Fayetteville, Arkansas We, the undersigned, being all of the owners (except one, the :ii: University of Arkansas which will most likely join this petition after action by its officials) of the real estate abutting the alley, hereinafter sought to be abandoned and vacated, lying in Block 14, Fair Park Addition to the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an alley which is described as follows to -wit: Beginning at the Northwest Corner of Lot 7, in Block 14 of Fair Park Addition, to the City of Fayetteville, Arkansas, running thence 463 feet to the Northeast Corner of Lot 13, Block 14 of Fair Park Addition; thence North 16 feet; thence [Jest 463 feet to the Southwest Corner of Lot 6, in Block 14 of Fair Park Addition; thence South 16 feet, to the point of beginning. That the abutting real estate affected by said abandonment of the alley are Lots 1 (one) through 13 (thirteen), Block 14 of Fair Park Addition to the City of Fayetteville, Arkansas, a certified copy of the original plot 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 affect- ed by the abandonment of this portion of the above described alley. The petitioners pray that the City of Fayetteville, Arkansas, a- bandon 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. 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 r6 day of 19M FILED�N MY OFFIC IS Ay_OF.__ 19W Clork PETITION TO CLOSE AN ALLEY LOCATED IN BLOCK 13 AND 14, FAIR PARK ADDITION AND BLOCK 2 SUNSET ADDITION CITY OF FAYETTEVILLE, ARKANSAS To: The Board of Directors of the City of Fayetteville, Arkansas We, the undersigned, being all of University of Arkansas which will most action by its officials) of the real e hereinafter sought to be abandoned and and 14 Fair Park Addition also Block 2 of Fayetteville, Arkansas, a municipal an alley which is described as follows Beginning at the Northwest Corner the owners (except one, the likely join this petition after state abutting the alley, vacated, lying in Block 13 of Sunset Addition to the City corporation, petition to vacate to -wit: of Lot 7, in Block 14 of Fair Park Addition to the City of Fayetteville, Arkansas, running thence 463 feet to the Northeast Corner of Lot 13, Block 14 of Fair Park Addition; thence North 16 feet; thence West 463 feet to the Southwest Corner of Lot 6, in Block 14 of Fair Park Addition; thence South 16 feet, to the point of beginning. Block 13 Fair Park Addition and Block 2 Sunset Addition: Beginning at a point in the Northwest Corner of Lot 12 of Block 2 of Sunset Addition to the City of Fayetteville, Washington County, Arkansas, and running thence East on and along the North lines of 12 through 7 to the Northeast Corner of said Lot 7, running thence North 15 feet to the Southeast Corner of Lot 6 thence West on and along the South line of Lot 6 through Lot 1 to the Southwest Corner of said Lot 1, thence South 15 feet to the point of beginning. Also beginning at a point in the Northwest Corner of Lot 7 in Block 13 of Fair Park Addition to the City of Fayetteville, Washington County, Arkansas, and running thence East on and along the North lines of Lots 7 through 13 to the Northeast Corner of said Lot 13, running thence North 16 feet, thence West approximately 441 feet to a point 16 feet North of the point of beginning, thence 16 feet South to the point of beginning. That the abutting real estate affected by said abandonment of the alley are Lots 1 (one) through 13 (thirteen), Block 14 and Lots 7 through 13 of Block 13 of Fair Park Addition and 12 through 7 of Block 2 Sunset r, (V Addition to the City of Fayetteville, Arkansas, a certified copy of the original plot 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 affect- ed 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. WHEREFORE, the undersigned petitioners respectfully pray that the Board of Directors of the City of Fayetteville, Arkasnas, 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. ENC/skb 3f_ 19 FILED), MY OFFIC IS DAY OF 19 JQ ity CIerV • • f1 V �VIV N��� I W • )/W.• i . YI • Pa. box 1001 7AYETTIVtUA ARK. • MWNI IS0I) 643.4152 zD 71701 LAND SURVEYORS. PLANNERS & CONSULTANTS sL, of Lsrs e, ,1 of I 1 Iv BLOC, t¢: ROGERSOfi1CI-PM .IS0I►IN.7Mt 0-F' +AIR ADO ITIDii) "P W e'TTtvILLE, AM •DON L. KIM • ROD 65O* SU Roofus. ARK. f7ES M Rv'N C U M M Snot ARKAI"S SL1 t 11 MISSOURI Fp@ O - P. O. .O* flu (MA MN10YS1 Skit 1101 • 14105140, MISSOURI 64110 n LAK• OM Al10MA Skit S" /6',t.vrteo .4«ey I. 4 7/' a r � _I ii. I I Lsr 9 Lsr IO I • . .. • • D _ rr SURVEYOR'S CERTIFICATE DON L. KEMP 1 SPWt I Si. wand d+ Aan SW at018TE1IEO f m a the .La thew*. ft.. W low w LAND SURVEYOVI' 1Y.RiJd m b ins. MJ 08MMi..t .aaeSS' STATE OF enmRn Y .Mw6, rlbw aM a ARKANSAS • 4.,M.t7 ••AML a. tsdtuW M IS EIAt. AU S. :.. •.* ti..MM wxAb tq t•� a It1�M NO. -- r t p. - - • COMMENT Cogent of Warner Cable Company as to the proposed closing by the City of Fayetteville of the alley described as follows: Beginning at the Northwest Corner of Lot 7, in Block 14 of Fair Park Addition, to the City of Fayetteville, Arkansas, running thence 463 feet to the Northeast Corner Lot 13, Block 14 of Fair Park Addition; thence north 16 feet; thence West 463 feet to the Southwest Corner of Lot 6, in Block 14 of Fair Park Addition; thence South 16 feet, to the point of beginning. Warner Cable, by its authorized agent, does not object to the closing of said alley. COMMENT: WARNER CABLE To Whom It May Concern: The City Engineer does not object to the closing of the alley described as follows: Beginning at the Northwest Corner of Lot 7, in Block 14 of Fair Park Addition, to the City of Fayetteville, Arkansas, running thence 463 feet to the Northeast Corner Lot 13, Block 14 of Fair Park Addition; thence north 16 feet; thence West 463 feet to the Southwest Corner of Lot 6, in Block 14 of Fair Park Addition; thence South 16 feet, to the point of beginning. To Whom it May Concern: The City Sanitation Superintendent does not object to the closing of the alley described as follows: Beginning at the Northwest Corner of Lot 7, in Block 14 of Fair Park Addition; to the City of Fayetteville, Arkansas, running thence 463 feet to the Northeast Corner Lot 13, Block 14 of Fair Park Addition; thence north 16 feet; thence West 463 feet to the Southwest Corner of Lot 6, in Block 14 of Fair Park Addition; thence South 16 feet, to the point of beginning. CI T SANITA ON SUPERINTENDENT Southwestern Electric Power Company Fayetteville, Arkansas 72701 August 3, 1979 Mr. Gordon Cummings P. O. Box 1584 Fayetteville, Arkansas 72701 Dear Mr. Cummings: SWEPCO does not object to the closing of the alley described as follows: Beginning at the Northwest Corner of Lot 7, in Block 14 of Fair Park Addition, to the City of Fayetteville, Arkansas, running thence 463 feet to the Northeast Corner Lot 13, Block 14 of Fair Park Addition; thence north 16 feet; thence West 463 feet to the Southwest Corner of Lot 6, in Block 14 of Fair Park Addition; thence South 16 feet, to the point of beginning. Very truly yours, SOUTHWESTERN ELECTRIC POWER COMPANY Leslie Howell Division Superintendent nt 0 S COMMENT Comment of Arkansas Western Gas Company as to the proposed closing by the city of Fayetteville, of the alley described as follows: Beginning at the Northwest Corner of Lot 7, in Block 14, of Fair Park Addition, to the City of Fayetteville, Arkansas, running thence 463 feet to the Northeast Corner of Lot 13, Block 14 of Fair Park Addition; thence north 16 feet; thence west 463 feet to the Southwest Corner of Lot 6, in Block 14 of Fair Park Addition; thence South 16 feet, to the point of beginning. Arkansas Western Gas Company, by its authorized agent, does not object to the closing of said alley. Little Rock, August , 1979 CONCURRENCE. BE IT KNOWN BY THE PRESENTS that Southwestern Bell Telephone Company hereby concurs in the closing of the following alley in Fayetteville, Arkansas. Beginning at the Northwest Corner of Lot 7, in Block 14, of Fair Park Addition, to the City of Fayetteville, Arkansas, running thence 463 feet to the Northeast corner of Lot 13, Block 14, of Fair Park Addition; thence North 16 feet; thence Brest 463 feet to the Southwest Corner of Lot 6, in Block 14 of Fair Park Ad- dition; thence south 16 feet to the point of beginning. SOUTHWESTERN BELL TELEPHONE COMPAN5' APPROVED AS TO FORM General Attorney 405 Administration Building Fayetteville, Arkansas 72701 UNIVERSITY OF ARKANSAS • Office of the General Counsel May 14, 1980 Mr. Ed Connell Right -of -Way Division City of Fayetteville City Hall Mountain Street Fayetteville, Arkansas 72701 Dear Mr. Connell: I enclose for your information a portion of our survey showing the existing fence line as it relates to Block 14 in Fair Park Addition. This is the matter we discussed by telephone. In view of the fact that Mr. Kemp made our survey and has given Mr. Cummings a survey that differs with it, I would ask that the City of Fayetteville hold up any move to vacate the alley in Block 14 until Mr. Kemp can explain which survey is correct. As you can see, the existing fence line is not shown on this survey to be in the North 1/2 of this alley, but actually on the back of Lots 9-12, and thus South of the entire alley. Also, I need to vacation of the East to Block 13 in this Additi our fence appears to be South edge of the alley know whether the City has in mind the West alley along the North side of Dn. As you can see from our survey, in that alley, and all the way to the for at least a portion of Lot 7, Block 13. This problem is further complicated by the fact that the property owner which filed the plat expressly stated on the face of the plat that no dedication of the streets and alleys was made or intended. I enclose a copy of that plat containing that language. As soon as I have heard from Mr. with you. RT:dm Encs. Kemp, I will be in touch Ray Trammell General Counsel The University of Arkansas is an equal opportunityIaffirmative action institution 29[ t 7 9 1 �1:•J\i z• h t. J.oz OL / i La .obi I 0 0 ' ! 4 7 �. v 0 ' N s I. r r ur or; oL •o4 r 6 .0L ,o4 �s A yL„1 N� f/ t s '%. 1 '• c c c, S f1 z/ Ir o/ 6 8 L c':; / h —. /• /' • aS /S •rL .r1 .rL •/L .1' Q w z E00s; c ysb•h,od/ ,od/ .S. . oL OLr S C 7 ¶.V/. 3 o'l •-'c'-Vi -'eT If- JC/ 'S' 9 L C a y o/ L 6 01 ' I . L S 6 s c £ I , z i 6 e/.. : c/ _ 1s U L_ sr ✓ o 4. S k 6 S. ( £ RI ' t 6 ' I OI I rdti9r' v/1 9 Lf 8 01 r. OI L C 1 9,/ z -H��/ Q t (\ ,L • r I /. r 2 - - _ - ro H CY (fl - ON I N o m H 1 v N no H '3• It' C+r•ro m N N' '-. ' C+ • C+ m ro C)• H .e O < 'tJ to•h n I •/ri o f Y ar� <a o • Cl) �-•1 nnwo m, 't'I P. N. )-'C1 ^' CD ef O M r• •• S N < < c+ O 0 O CO O D O < o' n :.y r, n 0- C) r••ca 0 \ m• CC m o 0 CD. 'f :. _3 m r• fi to p Cn fi ch O c1• Ni-c+ 0 O 0' O C • I -r '4V1 H O ,•-9 h m to . by < ' 7 '.c+Y tp. , • n fl cD a, 0 '• R r• r• Cn n i• NA k n cr7G;r 0 H < i"AN lO cD 'O O C H (D • Fl) n IJ cF n p. CD '?i.,-'0 P. 0 O• H .. m r• m M :tl c + -ro rt o o N _ C7 c+ i .y< IO toyG p, 01r1 n :h O. D> 0 ••ON i P.8 co < c« 6 a r IN O o c'' -or{•' 0 -CD o II t'J' ° 0 C7 II 0N • x O N O C4 t'r .' m • cnn • 10 CD'4 •r+ 00 •N 0-0- I 0 00 • < v •a w I-i F FAYETTEVILLE, ARKANSAS CITY ENGINEER'S OFFICE P.O. DRAWER F 72701 (501)521-7700 May 8, 1980 Mrs. Bobbie Jones City Planning Administrator Fayetteville, AR 72701 Dear Mrs. Jones: As you know the Arkansas State Highway Department and the City of Fayetteville Water and Sewer Department are acquiring additional right of way along 6th Street and Highway 62 for widening, curb and guttering, etc. The Highway Department has taken from 1O to 15 feet off the lots on the north side and the City is taking an average of 1O feet off the same lots. The alleys of Block 2 Sunset Addition and Blocks 13 and 14 of Fair Bank Addition have never been opened or used as alleys, so it it our desire to officially close them and it will add more footage to the lots taken. We would appreciate your approval and efforts to close them. ENC/skb Very truly yours, £1,ic/ Ed N. Connell Right of Way Agent Don Bunn Plat Review S- 22-8-o r Y'' <}!•, i``i inn 1, q. . 11 1„�v 1 r.' 'a .4 i t ♦ .aT^, ♦ 1' 1 !( • r ♦S 1 v.T . . �/yam . ` A 1 n u1�' � r � •,� �-�! ♦ • . rX'/✓/w—n-+i /1 !. ♦ J a T' , l JIr l N� �•p� IM'IY ��;r Y�r•'�r� ' 1 n!: t`l 1.41. ! r.J,J T� 1 •A {.' J:' �f1I• II:1. « t 11 r 1, ,I r•n .1 ,.♦('. � Al •�•I / 1� • rI'/!ll 114'/,� • , .1: 1 ��,,J^ •1 I.1. 1, n � 1 4< r Y , , r ) t si • : ) / •'[ ; `' ,, ' 1 h1. r'. all , 1 y4.9 •I N w M• �1 Fr;w{Ir. '� a /�' ;1• tl., o. 6 t f r ': . • . . i s. I�i.:.•:!, T 4!I I r4 t,r . , I 41 {` rg41 .. • I ' ). r .,. :' It l it n • - .9I � 1 1• • .: . • 1 ,{ i ♦. 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