HomeMy WebLinkAboutOrdinance 2717 ORDINANCE N0 . �;• T� 0 ,
v
AN
EASTTRAVENUEEBETWEENNG AND SIXTH STREETNING A PORTION OFAND SEVENTH STREETc<�T�yC�fi�
AND AN ALLEY RUNNING SOUTH OF SOUTH COLLEGE AVENUE
BETWEEN SIXTH STREET AND SEVENTH STREET .
WHEREAS , a petition was duly filed with the Board of
Directors of the City of Fayetteville , Arkansas , on the 2nd
day of April , 19 81 , asking the Board of Directors
to vacate and abandon the following alley and portion of street
located in the City of Fayetteville , Arkansas , to -wit :
v
Description of alley located in Block 7 , and 8 of
Jennings Addition of the City of Fayetteville , Arkansas ,
more particularly described as follows : Beginning
at the Southwest corner of Lot 1 , Block 7 , Jennings
Addition , thence East 470 feet to the Southeast corner
of Lot 10 , Block 7 , Jennings Addition , thence South
14 feet to Northeast corner of Lot 10 , Block 8 ,
Jennings Addition , thence West 470 feet to -. the Northwest
corner of Lot 1 , Block 8 , Jennings addition , thence
North 14 feet to the point of beginning .
Description of a certain street in Jennings Addition
of the City of Fayetteville , Arkansas , more particularly
described as follows : Beginning at the Northwest corner
of Lot 1 , Block 7 , Jennings Addition , thence South
285 feet to the Southwest corner of Lot 1 , Block 8 ,
Jennings Addition , thence West 55 feet to the Southeast
corner of Lot 4 , Block 16 Jennings Addition , thence
North 285 feet to the Northeast corner of Lot 4 ,
Block 15 , Jennings Addition , thence East 55 feet to
the point of beginning .
WHEREAS , after due notice as required by law , the Board
of Directors has , at the time and place set forth in the
notice , heard all persons desiring to be heard on the question
and has ascertained that the alley and portion of street hereinabove
described have heretofore been dedicated to the public use
as an alley and street ; have not actually been used by the
public for a period of many years ; that all of the owners of
® 037 989
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the property adjoining and abutting upon the alley and portion
of street to be vacated have consented to this abandonment ,
and that the public interest and welfare will not be adversely
affected by the abandonment of such alley and portion of street .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 : The City of Fayetteville , Arkansas , hereby
releases , vacates and abandons all of its rights , together
with the rights of the public generally , subject to reservation
of utility easements in and to the alley and portion of street ,
described as follows , to -wit :
Description of alley located in Block 7 and 8 of
Jennings Addition of the City of Fayetteville , Arkansas ,
more particularly described as follows : Beginning
at the Southwest corner of Lot 1 , Block 7 , Jennings
Addition , thence East 470 feet to the Southeast corner
of Lot 10 , Block 7 , Jennings Addition , thence South
14 feet to Northeast corner of Lot 10 , Block 8 ,
Jennings Addition , thence West 470 feet to the Northwest
corner of Lot 1 , Block 8 , Jennings addition , thence
North 14 feet to the point of beginning .
Description of a certain street in Jennings Addition
of the City of Fayetteville , Arkansas , more particularly
described as follows : Beginning at the Northwest corner
of Lot 1 , Block 7 , Jennings Addition , thence South
285 feet to the Southwest corner of Lot 1 , Block 8 ,
Jennings Addition , thence West 55 feet to the Southeast
corner of Lot 4 , Block 16 Jennings Addition , thence
North 285 feet to the Northeast corner of Lot 4 ,
Block 15 , Jennings Addition , thence East 55 feet to
the point of beginning .
Section 2 : The City of Fayetteville hereby reserves an
easement on , over , across , and under the above described
alley and portion of street to construct , lay , remove ,
relay , enlarge , and operate water and / or sewer pipe lines, public
utility lines , and storm drainage lines and appurtenances thereto .
® 1037 999
i
3 -
Section 3 : As a condition to the abandonment of said
alley and portion of street , the City shall be held free and
harmless from liability as to any claims of the contiguous
property owners for damages to the property described herein ,
which damage may result from the City , or other utility
companies removing and relocating public utility lines
located in or upon said vacated alley and portion of street .
Section 4 : Said utility easement shall be for the
benefit of the electric power companies , telephone companies ,
gas companies , and the City of Fayetteville , Arkansas ,
provided , however , that upon abandonment by said utility
companies , and by the City of Fayetteville , said property
shall become the property of the abutting property owners .
Section 5 : A copy of the ordinance duly certified by
the City Clerk shall be filed in the office of the Recorder
of the County and recorded in the Deed Records of the County .
PASSED AND APPROVED THIS ,?I/ DAY OF 1981 .
APPROVED :
601�
MAYOR/
ATTEST : /
'�". . - •C ,.CLERK
CER` WICATE OF RECORD
S•`.ate of Arkansas ( SS
iF ( n i
. ' (SEAj �' City of Fayeitrriile
PA
[, Vivian Koettel, City Clerk and Lx-Officio
order for the 041' of Fay-ttevi!!e, do here-
• / certify th,.t the uunexed or fore ioing is
or record ir, my office aad the same ap-
pears in Ordinance & Resolation book
CERTIFICATE OF RECORD -SCI at page I .F Witness my
hand and s 1 this- 7ZW ay of
STATE OF ARKANSAS SS. - , 19
Washington County
I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for City Clerk and Ex-Officio Recorder
Washington County, do hereby certify that the annexed or fore.
going instrument was filed for re-.,,ordln my office on tha,�day
of� 98Lat W Z< Mock and the same is
duly recorded in record 143.: at page/Q
Witness my hand and seal this*
his .day of 19$/
Circuit Clerk and 1
99
By Ex-Of��cio (teco Ued ® - � � 991.
Deputy Clerk
STATE of ARKANSAS
t... ORDINANCE IND. 2117��taint of street, deacnbed u follows, b U.
An Ordinance vaptbtg and Ahan wit: . , County of Washington
sonans A Portion d Fall Avenue De[ 0estrlplro d alley located in Bleck
ween Sheath Street and SeventhSired 7 and t d Jennings Addition of the city
and an Alley Ru ntng South of Swo of Fayetteville. Arkansas, mare par. ' 1�
College Avenue between Sixth Streei titularly described as follows: Begine. T \ LWl]�y�yy hereby certify that 1
andSesenth Street. - ing at the Southwest earner d Lot 1, 7 JILT __
WHEREAS, a petition was duly files Block 7, Jennings Addition, theme am the E/ubllBhei of THE NOR EST ARKANSAS TIMES, a daily
ivilA the Board of Directors of the Citl East 4M feel to the Smtheast is rner d
of Fayetteville. Arkansas, on the 2r Lot lo, Block 7. Jennings Addition, aeweDaPer having a second @lea@ mailing Privilege. and being not less than
day of April, 1N1, asking the Board o thence South H feet to Northeast cor- four Pages of five columns each, published at a fixed place of business and at
Direct loE tate aridabandon
of r� Ron, themof LM e Weesst 470.feeet Jennings
non a fixed (daily) interval@ continuously in the City Of Fayetteville, county of
follwi all and
located in the City d Fayetteville thwet corner of Lot 1, Black s, Jen- Washington, Arkansas for more than a period of twelve monthe, circulated
ca
Arkansas, [&Wit: - I Ings Addition, thee North N feet lo
Description of alley located in Blod thepolmofheginning, and distributed from an established place of . business to subscribers and
7 and a of Jennings Addition of the CitjDescription d a certain street in readers generally of all classes to the City & County for a definite price for
d o
Fayetteville. Arkansas, more par, Jennings Addition of the City of Fayd-
ticwarly described as fallow,: Begins to vdle, Arkamm, inner particularly each copy, or a fixed price per annum, which price waa fixed at what Is
Ing at jhe en
Southwest corner d r Lot 3 deseribM as follows: Beginning at the
Block 7, Jennings Addition, then Northwest corner d wt 1, Block 7, cowl
dered the value of the publication. Dared upon the ,ewe 'value and
East a a feet to the Southeast oximsd Jennings Addition, theme South ffi service value it contains, that at least fifty percent of the subscribers
Lot 10. Blink 7, Jennings Addition feet to the Southwest carrier of Int I,
thee South 15 Ice1 to Northeast car, Block s. Jennings Addition, enemas thereto have paid cash for their subscriptions to the newspaper Or Its agents
ner of Lot 10, Block a, Jennings Addi West 55 feel to the Southeast corner ofor through recognized news dealers over a Period Of at least sex months:
lion, thence West 170 feel to the Nor: Lot 1, Block 16 Jennings Addition,
lhsvesl corner d Int 1, Block a. Jon' thence North 253 feet to the Northeast and that the said newspaper publishes an average of more thanforty percent
theaddison, Deme North Is feet ti corner of Int s; Block 13, Jennings Ad- news matter.
Pontpbeginning. dition,. theme East 55 feel to the point
I Description of a certain street is of beginning,
tevMings rAddiition intone prof F.y lj reserves an try of Fayetteville
will, t further certify that the legal notice hereto attached in the matter of
described as follows: Beginning at the aeras• and order the above described
Northwest corner of Lot 1, Black 7, alley and ionto of street to construct.
n, Ord,t 3 1 R�/��,n /'�1
Jennings Additiothree Sautb its 'lay, remove, relay, enlarge, a
fed to the Southwest tuner of Lot 1; operate watt/ aM-or sewer pi lines,
Block s, Jennings Addition, thence public uti!ity ling, and storm Mirage
West SS feel to the Southeast caner of e mth
linand appurtemes ereto.
Lot s; Block 1a Jennings AdmtiotO Section 3: As a condition to the aban- Was published in the regular dally Issue of said newspaper for
thence North 2M feet to the Northeast dosenl of mid alley andportion d consecutive insertions as follows:
mrrer d Lot s, Block 15, Jennings Ad-� street, the City shall be held free and
dilion• theme Ent 55 feet to the pont barrwess from liability as to any
ofbeginning. - ' "^ claims of the contiguous propertyThe first insertion on. the day of 18
WHEREAS. after due noun as re. owners for damages to the property
clulred by law. the Board Of Director described herein, which damage may
has. at the time and place set forth in result from the City, or other public 18
the notice, heard all persona desiring utility companies removing andthe second Insertion On the day Of
to be heard on IDs question and has relocating public utility lines located
ascertained that the alley and portion in or u 1D
Of street hereinabove described haw it=of street. vacated alley and pan the third insertion on the dal of
heretofore been dedicated to the public Sections: Said utility easement shall 19
use as an alley and street; have not ao be for the benefit of the electric ewer d the fourth insertion OD the Adv Ot
lually been used by the public fw-a companies, an
telephone companies, gas pas `
period of many yeah: dont all of the to it We. Ar, and the City d Feyet- 1 —
owners of the property a0jdd� aro tedlle, Arkamas, provided, however. D /torp
abutting upon the alley and portion of that upon ahandoment by said utility �^-'
street to be vacated have commented to co niq and by Oe City of Fayet:
this est a m we and that the public levies, mid property dull became the
interest and welfare will not n- property of the abutting properly
adversely affected by the ahaMo-
ment d such alley am portion of Secowb,tion 5: A copy Of the ordinance Sworn to and subscribed before me on this Ilay Of
street
DAIN Couduly nty
and bythe City Clerk Deed
all be
NOW, THEREFORE. BE IT OR. filed in the office of the Recorder d the
PAINED BY THE CITY
OF.DIRET, Ceunry dna recalled in the Deed 18
TORS OF THE CITY OF. FAYET- Reeoedsd@rc County
TEansas, ARKANSAS:' PASSED AND APPROVED THIS
Section 1: The City d FayetevBk, 215 DAYOFAPRIL, 1801. . - -
Arkansas. hereby releases, vacates . ,_...:ate. APPROVED:
aMabandonsallufiurights. togeI= JOHN TODD . NO .Public
with the rights of the public gen erailY. MAYOR
wbjecl to reservatim of u1BilY ATTEST:
easements in and to the alley and pas- ;VIVIAN koE1TEL
. • ` . .. - , n
CITYCLERKRK My Commission Expires:th ' \2Z 8 3
:
Fees for Printing _ ` '' �i - , : ;•:
Cost of Proof
Total i
STREET AND/OR ALLEY CLOSING
CHECKLIST
•
Under provisions of Ordinance No . 1898 , petitioners shall present to the City
Clerk n duplicate , the following information before processing shall begin :
Petition to close and vacate street or alley , including
a photostatic or certified copy of the plat on record in
the Circuit Clerks office . ( A sample petition is attached )
Written consent of all property owners of property abutting alley
or street .
Abstractor ' s Certificate of Ownership stating names of all
�Zx�
owners of property abutting alley or street .
Comments from owners or agents of all utility companies
concerning streets or alleys to be closed and its relation -
ship to existing or planned utilities with recommendations
as to what action should be taken . It is also recommended
that you obtain approval from both the City street superinten -
dent and the sanitation superintendent .
Southwestern Bell Telephone Co .
/ Arkansas Western Gas
I/ Southwestern Electric Power Co .
Warner Cable Co . �I
/ Ozark ' s Electric Co -op ( if applicable )
City Engineer y 0F06
City Street Superintendent
City Sanitation Superintendent
/ INFORMATION TO BE COMPLETED BY CITY CLERK
1/ $40 Filing Fee RECEIPT NO . ( PW381 ) D
Copy to Planning Administrator
Copy to Street Superintendent and Sanitation Superintendent
v Copy to Agenda
Notice Published DATE •
Plat Review
Planning Commission
Board of Directors/ Ordinance Adopted/ Failed : ORDINANCE NO .
��EpYETif��` FAYETTEVILLE, ARKANSAS
+� P. O. DRAWER F 72701 [601) 64.7700
Ar i 4
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February 27 , 1981
Mrs . Sue Phillips
1414 S . West Street
Fayetteville , Arkansas 72701
Dear Ms . Phillips and concerned parties :
Per your petition , I have no objection to the closing of the alley
running East/West between Blocks 7 & 8 , Jennings Addition , City of Fayetteville ,
Arkansas ; nor to the closing of the unopened street right-of-way lying
between Blocks 7 & 8 , and 15 and 16 , Jennings Addition to the City of Fayetteville ,
Arkansas .
If you have any further questions , please contact me .
Very truly yours ,
CITY OF FAYETTEVILLE
Owl, �, �
Wally C . Brt
Sanitation Superintendent
WCB : cs
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WARNER CABLE
OF FAYETMALLE
125 West Mountain Street
Fayetteville, Arkansas 72701
501 521 7730
February 27 , 1981
Mrs . Sue Phillips
1414 S . West Avenue
Fayetteville , AR 72701
Dear Mrs . Phillips :
We do not have an objection to the closing of the alley lying
East $ West between Block 7 & Block 8 of the Jennings Addition .
Also , the closing of an unopened street lying between Block 7
$ Block 8 and Block 15 & Block 16 of this same addition does
not pose a problem for us .
Sincerely ,
L . 0 . Ferguson
LOF / ehc
Warner Amex Cable Communications Inc.
�� �,.'<<�, FAYETTEVILLE, ARKANSAS
I CITY ENGINEER'S OFFICE
TON ( P.O. DRAWER F 72701 (601) 621-7100
March 2 , 1981
Sue Phillips
1414 Southwest Avenue
Fayetteville , AR 72701
Re : Alley Closing
Dear Mrs . Phillips ,
The City Engineers ' Office has no objection to the
closing of the alley and street as indicated on the attached
plat . A 20 foot utility easement must be retained for the
existing 6- inch water line .
Sincerely yours ,
Donald R . Bunn
City Engineer
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U Southwestern Electric Power Company
~ a oJ7J, Fayetteville , Arkansas 72701
epos I �r March 9 , 1981
Mrs . Sue Phillips
1414 South West Avenue
Fayetteville , Arkansas 72701
Dear Mrs . Phillips :
SWEPCO has no objection to the closing of the unopen
portion of East Street , between Sixth and Seventh
Streets , in Fayetteville .
We also have no objection to closing the east - west
alley , between Block 7 and Block 8 , in the Jennings
Addition , provided we are given a utility easement to
cover our facility there .
This easement should provide the right of ingress
and egress and the right of tree trimming and tree
removal .
Very truly yours ,
SOUTHWESTERN ELECTRIC POWER COMPANY
Robert Waldren
Division Engineering Superintendent
nt
ETTf��� FAYETTEVILLE, ARKANSAS
} P. O. DRAWER F rm [6011641.7100
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To : Mrs . Sue Phillips
1414 South West Ave .
Fayetteville , AR 72701
Re : Street and alley closure petition .
Date : March 5 , 1981
1 . I have no objection to the alley closure lying East and West between
Block 7 and Block 8 of the Jennings Addition to the City of Fayette -
ville .
2 . The East Street right-of-way between 6th and 7th Streets . may be abandoned
as a street but must be retained as a drainage easement since the Town
Branch creek bed consumes the entire right- of-way .
3 . If I may be of further assistance to you in this matter please feel free
to call .
Respectfully ,
CClaytonr Pow we 1�
Street Supt .
CC : City Engineer
Planning Administrator
Inspection Supt .
Little Rock, March 26, 1981
CONCURRENCE
BE IT KNOWN BY THESE PRESENT that Southwestern Bell Telephone Company
hereby concurs in the closing of the following alley and unopened street
in Fayetteville, Arkansas .
Lot 1 and the West 20 feet of Lot 2 in Block 7; the Fast 30 feet
of Lot 2 and the West 20 feet of Lot 3 in Block 7 ; the East 30
feet of Lot 3 and the West 20 feet of Lot 4 in Block 7; the East
30 feet of Lot 4 and the West 45 feet of Lot 5 in Block 7; the
East 5 feet of Lot 5 and Lots 6 and 7 in Block 7 ; and Lots 8, 9
and 10 in Block 7; Lots 1 and 2 and the West 22j feet of Lot 3
in Block 8; the East 27j feet of Lot 3, Lot 4 and Lot 5, except
the East 5 feet in Block 8; the East 5 feet of Lot 5, and Lots 6
to 10 inclusive , in Block 8; Lots 3 and 4 in Block 15; Lots 3 and
4 in Block 16 ; all of the above described lands being in Jennings
Addition, to the City of Fayetteville , Arkansas ,
SOUTHW TERN BELL TELEPHONE COMPANY
BY � .N .
is Preside - Arkansas
APPROVED AS TO FORM
G n al Attorne