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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