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HomeMy WebLinkAboutOrdinance 2788 ORDINAICE N0 . d 76 198? o� RECORG JAN 26 'r,ASHiACTO; IJ , , � !a 04 OU AN ORDINANCE VACATING AND ABANDONING A PORT McOgOUtTY. AR/f NORTH- SOUTH ALLEY RUNNING NORTH FROM NETTLES 10C($(� ER HALFWAY BETWEEN GRAHAM AVENUE AND RAZORBACK ROAD B N BLOCK 1 AND BLOCK 2 , FAIR- GROUND ADDITION TO THE CITY OF FAYETTEVILLE , ARKANSAS . WHEREAS , a petition was duly filed with the Board of Directors of the City of Fayetteville , Arkansas on the 20th day of November , 1981 , asking the Board of Directors to vacate and abandon the following alley located in the City of Fayetteville , Arkansas , to -wit : Beginning at the Southwest corner of Lot 1 , Block 1 , Fair - Ground Addition , said point of beginning being located on the North right - of-way line of Nettleship Street , City . of Fayetteville , and running thence North 00 Degrees 00 Minutes and 13 Seconds West 140 feet , more or less , to a point opposite the Northeast corner C1 of Lot 2 , Block 2 , in said Addition ; thence West 16 feet to the Northeast corner of said Lot 2 , Block 2 , in s` said Addition ; thence South 00 Degrees 00 Minutes and c� 13 Seconds East 140 feet , more or less , to a point on the North line of Nettleship Street , which is 16 feet West of the point of beginning , which point is also the Southeast corner of Lot 1 , Block 2 , in said Addition ; thence East 16 feet to the point of beginning , in Fair - Ground Addition to the City of Fayetteville , Washington County , Arkansas . 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 W1053 741 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 in and to the alley , described as follows , to-wit : Beginning at the Southwest corner of Lot 1 , Block 1 , Fair - Ground Addition , said point of beginning being located on the North right - of-way line of Nettleship Street , City of Fayetteville , and running thence North 00 Degrees 00 Minutes and 13 Seconds West 140 feet , more or less , to a point opposite the Northeast corner of Lot 2 , Block 2 , in said Addition ; thence West 16 feet to the Northeast corner of said Lot 2 , Block 2 , in said Addition ; thence South 00 Degrees 00 Minutes and 13 Seconds East 140 feet , more or less , to a point on the North line of Nettleship Street , which is 16 feet West of the point of beginning , which point is also the Southeast corner of Lot 1 , Block 2 , in said Addition ; thence East 16 feet to the point of beginning , in Fair- Ground Addition to the City of Fayetteville , Washington County , Arkansas . Section 2 : 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 of the County . PASSED AND APPROVED THIS L� day of 4:21ut 1982 . APPROVED : in ! MAYOR ATTEST: ; ; _MTY CLERK x,1053 '14� - 2 . r � ' OF RE40iciJ � State cf Arkansas 55 of ettevdl3 and Ea-O''rt,cio CiS{ FaY C,,crk y Sherry r;owe, city S Iyo, do kora- recorder for tho Ci y of Fay do ' of is that ltto annexcd or foreg 9 by cers:,y 1it3 sarno oP r::Y office anu in of record n.a &esotuiion boo,% pears in Orotn^UqV� Nmtnoss my at pa4a•—L_day of han end seal th:s�9 S _ f r �U Ghrk and Ex f$do twordor GitY CERTIFICATE OF RECORD STATE OF ARKANSAS Washington County SS. I, A6no 1". t:oll:a:y�_; Circuit Clerk and Ex-Officio Recorder for • ' Washington County, do hareby certify that the annexed or fore- going mstr1L�^lent was filed for/�/rrel1cO�oy] in myoffice on thao�day yZir✓ 199atL_o'cloc14M, and the same is duly record din J&MiL record/OS-3 page/ Witness my hand and seal this,217 day of 1 a.i Circuit Clerk and -Officio Raooed By Deputy Clerk STATE of ARKANSAS es. � ORDINANCE No. 27M County of Washington i AN ORDINANCE VACATING AND ABANDONING A PORTION OF A NORTH-SOUTH ALLEY RUNNING" NORTH FROM NETTLESHIP M hereby Certify that I STREET, HALFWAY BETWEEN GRAHAM AVENUE AND RAZOR- BACK ROAD BETWEEN BLOCK 1 em the Publisher of THE NORTHWEST Ax1ulNSAS TIMES, a dally AND BLOCK 1. FAIRGROUND AD- newspaper having a second class mulling privilege, and being not less than DITION TO THE CITY OF FAYET- four pages Ot five COIuIDDe each, published at a flied place of business and at TEVILLE, ARKANSAS. WHEREAS, a petition was duly filed a fixed (dally) Intervals continuously in the City of Fayetteville. County of with the Board of Directors of the City • tl Fayetteville, Arkawa on the shah Washington, Arkansas for more than a period of twelve months, circulated day of November, 1961, asking ase and distributed from an established place of business to subscribers and Board of Directors to vacate and Abao- don the following alley located in the readers generally of all classes fa the City & County for a definite price or City of Fayetteville, Arkansas. b-wit: each copy, or a fixed prise per annum, which price was fixed at what H I Begirmingatlhe Scuthwesleoarerof Lot 1, Block 1. FalrGround Addition, Considered the value of the publleatton, based upon the news 'value and said point of Inning being located service value it eontatns, that at least fifty percent of the subscribers ' W the North riglit•of-way line of Net- Ineahipstreet, City of Fayetteville, and thereto have paid cash for their subscriptions to the newspaper or its agents running thence North a Degrees W or through recognised news dealers over a period of at least six months; . Minutes and 17 Seconds West 10 Leet, I mon or less, to A point opposite the and that the said newspaper publishes an average of more than forty percent Northeast corner of Loa s, Block r, in I said Addition: menses West 16 feel b news natter, the Northeast corner of said Lot r. Blocks, buid Addition; thencesouth I further certify that the legal notice "hereto attached in the matter of W Degrees on Minutes and 17 SecoMs East lay feel, more or leu, to a point on the North lire of West of the Street, , "']r� which is 16 feet Weal a! the parrs[ he l /JJ IMI -Il l\int l\I ` beginning, which point u also the Southeast emtes of Lot 1, Block6f7, to / said pint at be inning East le feet to theAd point to beginning, f FevGrauM was published in the regular dally issue of said now eDaper for Addition to tri City of Fayetteville, WWHERE S, after Arkansas. consecutive 1Ds0rt1011s as fO110vre: WHEREAS, after due naris ea K hashed DY sour the Board sal tDirectors l ,�t day o[ 18 ' baa, the sane and plea swin in. The Bret Insertion on the . the notice, niece all uerswu desiringnhall ascertained be hearse ha the auesuon end hat day of 19 cribedhas eretoforerubeen the second Insertion on the described sat public a been has not to they beensuse analley: , 19 has oar actually been used by the the third insertion on file day Of all of the a period of many Years; that all of the owrcrs of p the property ad- 79 l sung and awnu abutting upon eBay b and the fourth insertion on the ciao o1 be vacated ban continued b this abatedanment are that the publicsdve In, tyrod ect affected by t will ml hi adverts "ty hall . by the abandonment of such alley. NOW. THEREFORE, BETTOR. DAINEDBYTHEBOARDOFDIREC- TORS OF THE CITY OF FAYET- Sworn to and subscribed before me on this dal of TEVILLE, ARKANSAS: Section 1: The City of Fayetteville. Arkansas, hereby assess, vaatd � and abandons all of its rights. together with the to the of the pudic ribenlly a � ^ ��\ r•+ to end the suer, described lotion, Beginning ing at 1,the Southwest somas of aid t, Block I, Fatring bei Addition, . - No ry Pab11C said a Na tl Degtt4f-w being located m the NwN ldFay line of Net, .11tt11111:b ,• r I owning theLClty ofFayetteville.On egreeand .t��.• Minutes teens North to Degrees ro MY Commission hh[pUee: •',;:i�.\ ii.l , �''. Mioufn and 17 Seconds West 1p feet, .• " " " on ne leas, a point opposite the mb Northeast carrierR of Let Y, Block to J said Addition: Chalice West 16 fat to the Northeast corner of said Let 1, ' / Black 1. In said Addition: thence South W Degrees OD Minutes and 11 Seco dii i East lee feet, moa or leas, no a point Fees for Printing , on the North line of Nettleship Street, which is Is fat West of the point of '. ' beginning, which point Is also the Cost of Proof. e � ; .:• C Southeast cofrcr of Lot 1, Block 1, in , said Addition: thence East 16 feel towon �L 2 .C/ J• r . the point of beginning, In FairGrounil Tl ;)( J Addto the City d Total r' Washington County,Arkansas. Section 1: A copy of this Ordinance : duly certified by the City Clerk shell be filed in the office of the Recorder Of the County and recorded to the Dad Records of the County. PASSED AND APPROVED THIS 16thdaydJanuary, 1�PROYED: F:; C C E I Vp ) E D Paul R. Noland 1 ATTEST: _ MAYOR FEB 09 1982 iSherryRave GFY CLERK ACCOUNTS PAYABLE I . � MICR ®FILI�EI� UNIVERSITY OF ARKANSAS SYSTEM OFFia OF THE GENERAL COUNSEL December 2 , 1981 Telephone (501 ) 575-5401 405 Administranon Building Foyeneville, Arkansas 72701 Mr . Don Grimes City Manager City of Fayetteville City Hall West Mountain Street Fayetteville , Arkansas 72701 I I Dear Don : Pursuant to your discussion with Fred Vorsanger , I enclose the original and one copy of the University ' s Petition to vacate a portion of thejalley in Fair-Ground Addition . Our check in the amount of $ 40 . 00 is attached . I Ry , I Ray Trammell General Counsel RT : dm Encs . I I University of Arkansas, Fayetteville University of Arkansas at Little Rock University of Arkansas at Pine Bluff University of Arkansas for Medical Sciences, Lille Rock University of Arkansos at Monticello CITY OF -^%IYET*TE WELL E ; ARRANSAS RECEIPT NO. G 12 6 0 4 I GG // DATE /a7= /C 18LL o RECD. FROM Pe > /r g ADDRESS e-( Cc ,�-( Com- REC'D BY. ,n i1N PAYMENT OF ITEMS LISTED BELOW FOR CITY OF FAYL" TEVU LE, ARK, DOG LICENSE O. i- BREED ar 1. S MALE LE AGE .r `J I F I; . COLOR T iNAME RABIES /C RTIF. NO. DATE LICENSE FOR CA LEND YR. ACCOUNTING INFORMATION M FUND V A/C NUMBER - PAYER'S RECEIPT �aE�YEiTf`i FAYETTEVILLE, ARKANSAS 9ry 1ga Lv� DEPARTMENT OF FINANCE ' TO8C0 P.O. DRAWER F 72701 (5011621-7/00 November 20 , 1981 Mr. Ray Trammell General Counsel 405 Administration Building Fayetteville , AR 72701 Dear Mr. Trammell : I am returning the petition to close an alley located in Fair- Ground Addition , City of Fayetteville , which I received in today ' s mail . The following items are needed before this petition will be complete : Approval from City Engineer Approval from Street Superintendent Approval from City Sanitation Superintendent Written consent If all property owners of property abutting alley . Enclosed you will , find the petition , exhibits A , B , C , and D , certificates of ownership , and your check in the amount of $40 . 00 . If I may be of further help to you in this matter , please contact me . Thank you . Sincerely , Vivian Koettel City Clerk VK ENC UNIVERSITY OF ARKANSAS SYSTEM OFFICE OF THE GENERAL COUNSEL Telephone (501 ) 575-5401 405 Administration Building November 19 , 1981 Foyetreville, Arkonsas 72701 City Clerk City of Fayetteville Administration Building Fayetteville , Arkansas 72701 Re : Vacation of portion of alley running north and south between Block 1 and Block 2 , Fair-Ground Addition to the City of Fayetteville Dear Clerk : We are enclosing herewith in duplicate a PETITION TO CLOSE AN ALLEY LOCATED IN FAIR-GROUND ADDITION , CITY OF FAYETTEVILLE , ARKANSAS , together with appropriate attach- ments thereto identified as Exhibits A , B , C , and D , and six Certificates of Ownership . Please file this Petition . Also enclosed is University of Arkansas Check No . 29499 in the amount of $ 40 . 00 to cover the filing fee . Si r y , Ray Trammell General Counsel RT : dm Encs . University of Arkansas, Fayetteville University of Arkansas or Little Rock University of Arkansas of Fine [sluff University of Arkansas for Medical Sciences, Little Rock University of Arkansas of Monticello STREET AND/OR ALLEY CLOSING CHECKLIST Under provisions of Ordinance No . 1898 , petitioners shall present to the City Clerk in 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 Clerk ' s 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 owners of property abutting alley or street . x 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 Southwestern Electric Power Co . v Warner Cable Co . n1 ( Ozark ' s Electric Co -op ( if applicable ) '` City Engineer - atLt CLW( c`Q v ' I�a~-\ 3 - F City Street Superintendent City Sanitation Superintendent - C�a\ w la - 30 INFORMATION TO BE COMPLETED BY CITY CLERK 40 Filing Fee RECEIPT NO . ( PW381 ) 1. Copy to Planning Administratof 2',� � Copy to Street Superintendent and SanStation Superintendent �i Copy to Agenda Notice Published DATE hQ 2a Q &gludv Plat Review Planning Commission / J Qoard -of-Di-r-ec.tors /Ordinance Adopted / Failed : ORDINANCE NO . TO : WHOM IT MAY CONCERN FROM : Clayton Powell , Street Superintendent DATE : December 10 , 1981 SUBJECT : Alley Closure in Fair- Ground Addition This is to advise that I have reviewed the portion of an alley sought to be abandoned and vacated , lying between Block l + and Block 2 , Fair- Ground Addition to the City of Fayetteville , Arkansas and do not have any objections to the closure of the alley as named in the legal description on the attached petition . Street Superintendent CP/ vk PETITION TO CLOSE AN ALLEY LOCATED IN FAIR-GROUND ADDITION , CITY OF FAYETTEVILLE , ARKANSAS TO : The Board of Directors of the City of Fayetteville , Arkansas : We , the undersigned , being the sole owner of the real estate abutting the portion of an alley hereinafter sought to be abandoned and vacated , lying between Block 1 and Block 2 , Fair-Ground Addition to the City of Fayetteville , Arkansas , a municipal corporation , petition to vacate that portion of the alley which is described as follows , to-wit : Beginning at the Southwest corner of Lot 1 , Block 1 , Fair-Ground Addition , said point of beginning being located on the North right -of-way line of Nettleship Street , City of Fayetteville , and running thence North 00 Degrees 00 Minutes and 13 Seconds West 140 feet , more or less , to a point opposite the North- east corner of Lot 2 , Block 2 , in said Addition ; thence West 16 feet to the Northeast corner of said Lot 2 , Block 2 , in said Addition ; thence South 00 Degrees 00 Minutes and 13 Seconds East 140 feet , more or less , to a point on the North line of Nettleship Street , which is 16 feet West of the point of beginning , which point is also the Southeast corner of Lot 1 , Block 2 , in said Addition ; thence East 16 feet to the point of beginning , in Fair-Ground Addition to the City of Fayetteville , Washington County , Arkansas . That the abutting real estate affected by said abandonment of this part of the described alley consists of Lots 1 and 2 , and a portion of Lot 3 , all in Block 1 , and Lots 1 and 2 , Block 2 , Fair- Ground Addition to the City of Fayetteville , a certified copy of the original plat 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 . Peti. ti_ oner states 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 affected by the abandonment of this portion of the above -described alley . Further , your Petitioner states that there are no utilities presently located in said alley , as stated in an engineering report which is attached as Exhibit B hereto . Attached , as Exhibit C , are letters from franchised utility companies stating that they have no objections to the abandonment and vacation of this unused alley . Also attached , as Exhibit D , is a copy of the Resolution of the Board of Trustees of the University of Arkansas respectfully requesting that the alley be vacated and authorizing the University Administration to present this request to appropriate officials of the City of Fayetteville . Petitioner prays that the City of Fayetteville , Arkansas , abandon and vacate the above -described real estate . It is further prayed that the above-described real estate be vested in the abutting property owner as provided by law . WHEREFORE , the undersigned petitioner respectfully prays that. the Board of Directors of the City of Fayetteville , Arkansas , abandon and vacate the above -described real estate , 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 day of November , 1981 . BOARD OF TRUS OF THE UNIVERSITY RKANSAS , PETITIONER By : If Mwolpyr Ray Wagiroll , Its Attorney 405 Admk4istration Bldg . University of Arkansas Fayetteville , Arkansas 72701 Phone 575 - 5401 - 2 -