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
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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
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�� �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 �
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