HomeMy WebLinkAboutOrdinance 2788 ORDINAICE N0 . d 76 198? o� RECORG
JAN
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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�
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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
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�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
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