HomeMy WebLinkAboutOrdinance 2721 Fk .
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ORDINANCE NO . kfq 1. �qy 13R�c0�
AN ORDINANCE VACATING AND ABANDONING AN UN
& < �H -
SOUTH ALLEY FROM DOUGLAS STREET TO TAYLOR STRE Tt'
LEVERETT AVENUE AND WHITHAM AVENUE IN THE CITY OF
FAYETTEVILLE , ARKANSAS .
WHEREAS , a petition was duly filedwith the Board of
Directors of the City of Fayetteville , "/Arkansas , on the 4th
day of March , 1981 , asking the Board of Directors to vacate
and abandon the following alley located in the City of
Fayetteville , Arkansas , to -wit :
Beginning at a point on the Southwest corner of Lot 8
in Leverett ' s Addition to the City of Fayetteville ,
Arkansas and on the North Right - of -Way of Douglas Street ,
thence West along the Right - of -way of Douglas Street to
vel the Southeast corner of Lot 10 in said Addition , thence
North along the Eastern Boundary line of Lot 10 to the
South Right - of -Way of Taylor Street , thence East along
the Right - of -way of Taylor Street to the Northwest corner
of Lot 9 in said Addition , thence South along the Western
boundary line of Lot 9 and Lot 8 in said Addition 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 hereinabove described has
heretofore been dedicated to the public use as an alley ; has
not actually been used by the public for a period of many
years ; that all of the owners of the property adjoining and
abutting upon the alley 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 .
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 , described as
follows , to -wit :
w1038 273
2 -
Beginning at a point on the Southwest corner of Lot 8
in Leverett ' s Addition to the City of Fayetteville ,
Arkansas and on the North Right - of -Way of Douglas Street ,
thence West along the Right - of -Way of Douglas Street to
the Southeast corner of Lot 10 in said Addition , thence
North along the Eastern Boundary line of Lot 10 to the
South Right - of -Way of Taylor Street , thence East along
the Right - of -way of Taylor Street to the Northwest corner
of Lot 9 in said Addition , thence South along the Western
boundary line of Lot 9 and Lot 8 in said Addition to the
point of beginning .
Section 2 : The City of Fayetteville hereby reserves an
easement on , over , across , and under the above described
alley to construct , lay , remove , relay , enlarge , and operate
water and / or sewer pipe lines and public utility lines .
Section 3 : As a condition to the abandonment of said
alley , 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 .
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 6tLk DAY OF 1981 .
APPROVED :
MAYOR
,AT4iSST : l fC4xF O�. n � rtn
FAYE �l
..' t, Ma UJ/
city of Fayetteville
l'c �' �� •t 1. Vivian Soettel, CRY C3erl. and Ex'officio
m
do here-
t ' recorder for the City of FayetteNgl r
CSEA7 ) by certify that the annexed or foregoing is
of record in my office and the s',une ap
r. ;, : • . years in ordinance & Resolution book
X t page__,;Z � Witness MY
bandst seal thi // tA day of
Yl 1 19
I Of City Clerk aad Ex-Officio ecorder
' r
CERTIFICATE OF RECORD
STATE OF ARKANSAS I SS:
Washington County
I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for ,
Washington County, do hereby certify that the annexed or fore-
going Instrument was filed
''for��r��ecorJn my office on the-0-day
p} 2Lati, ' o'clocllilht, and the same is
duly recor d In record at pagegU9
Witness my hand and seal th- .day of 199L
Circuit Clerk and
Exd} ficio_Recor ed
By
Deput Clerk
`ara...-:r .— . .:.,Is• .•_� � .•--tie..-. - .
VACATING AND . , Y �•� _
viniMNING AN UNOPENED
, 1` RTH•SOVTH ALLEY FROM, V
DnUGLAB STREET TO TAYLOR.
j STREET BETWEEN LEVEIWTT ATTEST"'f:'` .STATE Of ARKANSAS 1
AVENUE AND R'Hn HAM AVENUE' VWIaa all
IN THE CITY OF FAYET7MUA•Ey'. CITY ={ . .% s.. . County of Washington JJJ
ARKANSAS. F+r SEALI . ! .
WHEREAS. a pollution vial duly filedi CERTLFICATE OF RECORD
with the Burd of Directions Of We CIH' 4laled ay amus .
d pretleeille, Arka mit. on Ws Curd Fayettevill
e 55 `
day of MercAlYeLn4ing Dr Burd d . L Vivian Aoeltel, City Clerk and En T LafM?• hereby certify that I
Diredas le vluW and abandon the Officio recorder for the City of Fay'et. 7
Direct ng alley Istvled W Or L1ty,d, teville• do hereby certify that the an- am the Publisher of THE NOA HWEST ARKANSAS TIMES, 0, daily
followiFayetteville. Artamas. tudk il? . timed w foregoing u d record .m my newspaper having a second class mailing privilege, and being not lase than
-BeguuuM at a DdM m Lie off" and the dance a Resolution boine ok pears in,Or four
{ southwest corner of via Vvtest pages of flue columna each, published at s fixed place of Dvsfaeae and at
Addition to the sty d eayetteviBe.i Witnoa mY hand am seal this lash day s used (daily) Intervale continuously In the City of Fayetteville, County of
Anaraas ab an the Naos Ridtlaf- dMay, lost.
Way d Douglas Stmt ttrrre IN :1',17 Virion Knitel Washington, Arkansas for more than a period of twelve months, circulated
awry tlrc Hightd-way d pouQas CYty Clerk and En-Officio Recorder
Slmuoer fight lcortrer of id lel Rett "` _ _ and distributed from an established place ot . buelneee to subscribers and
ou
in seed Addition. Wena North am6 - readere generally of all classes in the City k County for a definite price for
the Eastern Boundia 11m of Let is W which price was aged at what 18
the South Right-d- ay. d Taylar�. each copy, or a fixed price per 91111111911111111113otl ,
St.eet theme East a the Right W- considered the value of the publicatton, based upon the neve 'value and
way of Taylor Street . the NorineasI
chow of Lot s in said AddWm ltrnca' service value It contains, that at least fifty percent of the subscribers
sof ofalong
and L ts'a in aid Addition
fur thereto have paid cash for their subscriptions to the newspaper or its agents
th Loi 9 and Lot 6 m said Addition W
the ERMing. ' Or through recognised neve dealers over a period of at least elz months;
.WHEREAS.
after due rof Dc
as ti
spired by law, the Board d Directors and that the Bald newspaper publishes an average of more than forty percent
has, at the time and place set forth in news matter.
tips mice. bend all persons desiring
to li heard m th quatlm and has- aarertnimd that qe an" herewbove I further certify that the legal notice 'hereto attached In the matter of
described his heretofore Seen
dedicated bathe public mem are],' /-� /�
has not actually been used OY the ^ ter C, ` ,ref1 � (' „1 I
public for a period of many years; ad- l) ) l 1 \\ N \\ , /1 adall -
joining
i the w'ncn d the prupon operty aIle oto
be iacated nd abutting
ihaven camented W this
abandonment, and that the public In- was published In the regular Bally issue of said newspaper for
teres[ and welfare will not be sdver es- consecutive insertions all follows:
ly affected by the abandonment of
f suchalley.
I NOW, THEREFORE, BE IT OR. The first Insertion on. the ..J_L_J day of , 19
DAINED BY THE RUARD OF DIREC I
TORS OF- THE CITY OF FAYET.
T Section
1: TheCityARKANSAS: the second insertion on the day of 19
ISanas 1: The City le Fayetteville,
Arkansas. hereby nlemes, vacates
and abandons all of its rights, together the third Insertion On the day Of 19
w1O the rights of the public generally.
subject W reserva0m d utility
easements ln .M ro lir sassy. descriR - and the fourth Insertion on the day of 19
ed as follows. wail:
Beginning at a Point m the Soathwesl
cornier d Lot s in L.everell's Addition - r.
W the Cit)) d Fayetteville, Arkansas , H f
and an the North Ralit4-Way, of
Douglas Street thtace Weal along los
RightN-Way of Douglas Street W the '
Southeast earner of to to in mid Addi- - Sworn to and subscribed before me on t" day of
tion, thence North along the Eastern
Boundary lite of Lot to W the South
Fast alta of Taylor Stmt Taylor
East ales 11w• Rhwest way d Taylor 19
1, steel W the NmNwesl ewoerh Long
ins a ernboundary
Addition. areae South alms
the a in salbaudary Title th Loti and
Wt e W uid Addition W the taint of
beginning.
Sebum reserves n ityea d ent ettevillean. MIT. Notary b71C
heteo . and or an easement i MIT.
i saps; and order the above veuelay. spm"i�
alley W construct,operate
remove, relay.
1,1 ((Ili r r
enlarge, and operate water ntiiMY COIDID1es/OD Expires:
se , .
wer pipe Imre end public utility
lines. \
�
Section t: As eerdilim to theabao- \ \ tx ` •/ � 1 .
donmenl of said the Cil) shall be '
held free and harmless from liability
as W aqv claims of the contiguous pro-
perty owners Ise damages W the pro- ..
Film for PINs11ng
perly described herein. which damagge .
may result ftwn the City, w other utili.
ty companies removing and relocating . .
public utility nrrs located W or upon Cost of Proof a
acid vacated alley.
Sections: Said uOHy easement shall
be for We benefit of the electric power. TOW {
companies, telephone companies, gas
mmpenrs, end We City of Fayeb
Wville, Arkansas, prorMed, however,
that upon abandonment by said utility
companies, and by the City of Fayet-
teville.
ayebteville. veld properly shelf become the
Property of the abutting Property
owners.
Section S: A copy of the ordinance
duly certified by lir Cive Clerk shall he
filed in the office of the Recorder of the
Canty and marded in the Deed .
Records of the County.
PASSED AND APPROVED THIS
SW DAY OF May, l%)
APPROVED:
JOMTodd
MAYOR
b MAR 4 1981
PETITION TO CLOSE AN ALLEY
IN LEVERETT ' S FIRST
ADDITION TO THE CITY OF
FAYETTEVILLE , ARKANSAS
TO : THE CITY MANAGER and
THE BOARD OF DIRECTORS OF
THE CITY OF FAYETTEVILLE , ARKANSAS
We , the undersigned , being all the owners of the real estate
abutting the alley hereinafter sought to be abandoned and
vacted , lying in Leverett ' s First Addition to the City of
Fayetteville , Arkansas , petition to vacate a portion of said
alley which is described as follows , to -wit :
Beginning at a point on the Southwest corner of Lot 8
in Leverett ' s Addition to the City of Fayetteville ,
Arkansas and on the North Right - of -Way of Douglas Street ,
thence West along the Right -of -Way of Douglas Street to
the Southeast corner of Lot 10 in said Addition , thence
North along the Eastern boundary line of Lot 10 to the
South Right -of-Way of Taylor Street , thence East along
the Right -of-Way of Taylor Street to the Northwest corner
of Lot 9 in said Addition , thence South along the Western
boundary line of Lot 9 and Lot 8 in said Addition to the
point of beginning .
That the real estate affected is the West 65 feet of Lot 8 , the
West 65 feet of Lot 9 , and Lot 10 in Leverett ' s First Addition
to the City of Fayetteville , Arkansas ; That there is attached
hereto a photocopy of said plat , marked Exhibit "A" and made a
part hereof as though set out herein word for word ; certified
copies of the original plat is on file in the office of the
Circuit Clerk and Ex Officio Recorder of Washington County , Arkansas ,
showing the same location as herebefore described .
The Petitioners state that the above described real estate is
not open and is not actually being used by the public for a period
of many years , and that the public interest and welfare should
not be adversely affected by the adbandonment of this portion of
the above described real estate . 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 the purpose as now provided by law .
Petitioners further pray that the above described real estate be
vested in the abutting property owners as provided by law .
WHEREFOP.E , 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 utili -
ties and sewer easements , and that title to the 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 streets and
alleys .
DATED this 17th day of April 1981 .
UNIVERSI ARKANSAS
BY :
WAYN B . ALL
SIX of 3WX 9 - W N Ran a - 30 w
e
yor It So 1104
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CERTIFICATE
We , the undersigned hereby certify that we have made
a careful search of the records of Washington County , Arkansas ,
and find that the record owners of the hereinafter described
lots in Leverett ' s Addition to the City of Fayetteville , Ark -
ansas , are as follows , to -wit :
W 65 feet of Lot 9 - Wayne B . Ball
W 65 feet of Lot 8 - Wayne B . Ball
Lot 10 and E 33 - 1 / 3
feet of Lot 11 - Board of Trustees , University of Arkansas
WITNESS our hands this /7 1L day of April , 1981 .
GREEK ABSTRACT COMP dY
BY :
Little Rock, March 30 , 1981
CONCURRENCE
BE IT KNOWN BY THESE PRESENT that Southwestern Bell Telephone Company
hereby concurs in the closing of the following alley in Fayetteville,
Arkansas .
Beginning at a point on the Southwest comer of Lot 8 in Leverett ' s
Addition to the City of Fayetteville , Arkansas and on the North
Right-of-Way of Douglas Street, thence West along the Right-of-Way
of Douglas Street to the Southeast comer of Lot 10 in said
Addition, thence North along the Eastern boundary line of Lot 10
to the South Right-of--'day of Taylor Street, thence East along the
Right-of-Way of Taylor Street to the Northwest corner of Lot 9 in
said Addition, thence South along the Western boundary line of
Lot 9 and Lot8 in said Addition to the point of beginning .
SOUTHWESTERN BELL TELEPHONE COMPANY
BY
� 9&a4t
Vice sident - Arkansas
APPROVED AS TO FORM
/Genjill Pt9tome
240. 09 Closing of alley - Fayetteville , AR
Fayetteville, March 13, 1981
1
I
I DISTRICT MANAGER - OSP ENGII�:� RING WEST - Little Rock
We have received a letter from Wayne Ball requesting permission to
close and vacate an alley.
The alley is located in the West 65 feet of Lot 8, the West 65 feet
of Lot 9, and Lot 10 in Leverett ' s First Addition,
Southwestern Bell does not have any plant within this right-of-way
and will not need the right-of-way in the future . We recommend
concurrence with this closing.
Questions on this matter may be referred to R. G. Hav,cins on 442-3167.6gzeILOS EngiPpx� neering
CONCU=4 D :
Dist . Mgr. -Res . I & M
� Network
Network Distribution Services
I
f
I '
ARKANSAS WESTERN GAS COMPANY
1AA
POST OFFICE BOX 7288 0 FAYETTEV ILLE Q ARKANSAS 727019501521-5400
March 5 , 1981 VV
Mr . Wayne B. Ball , PA
P . O . Box 1612
Fayetteville , Arkansas 72701
Dear Mr . Ball :
In relation to the petition to close the alley between Taylor Street and
Douglas Street and west of Whitham Street , this will advise you that we
presently have a 2" natural gas pipeline existing in that alley . This
pipeline is necessary for service to customers in that area . We would
not object to closing the alley , providing we retain a right of way
easement with a minimum width of 10 ' .
We will be glad to work with you towards that end .
Yours very truly ,
Frank O ' Donnel
Operations Manager
3/4/7
ARK
k • .� Southwestern Electric Power Company
� . -
Fayetteville , Arkansas 72701
` .S PSP March 6 , 1981
Mr , Wayne Ball , P . A .
Attorney - at - Law
P . O . Box 1612
130 North College - Suite E
Fayetteville , Arkansas 72701
Re : Petition to closing of alley between
Douglas and Taylor Streets , west of
Whitham
Dear Mr . Ball :
At the present time , SWEPCO has distribution facilities
in the above mentioned alley . If this alley is to be
closed , we will need an easement a minimum of ten ( 10 )
feet in width to cover these facilities .
This easement would also need to include the right of
ingress and egress so these facilities can be maintained .
If we can be of further help in this matter , please let
us know .
Very truly yours ,
SOUTHWESTERN �ELECTRIC POWER COMPANY
J 62
'�
Robert Waldren
Division Engineering Superintendent
nt
CC : Ms . Bobbie Jones
City Planning
City of Fayetteville
Fayetteville , Arkansas 72701