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Home My WebLink AboutOrdinance 4138 i ILED FOR RECCRn ORDINANCE N0.4138 199 am 2 PIS 3 59 WAS ;11hP, TOPI Co A l AN ORDINANCE VACATING AND ABANDONIId6WARIESS PORTION OF THE CEDAR STREET RIGHT OF WAY LOCATED BETWEEN LOTS 5 AND 6 OF THE GARNER- LARIMORE ADDITION, BLOCK B, SUBJECT TO UTILITY EASEMENTS AND SEWER EASEMENTS, AS REQUESTED BY ANDRE AND MARCI GIES. VA 94= 13 : 99 WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate streets, portions of streets and other public grounds or portions thereof as may not for the time being be required for corporate purposes; and WHEREAS, the City Council has determined that the following described street right-of- way is a platted but unopened street which is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City of Fayetteville, Arkansas hereby vacates and abandons all of its rights together with the rights of the public generally, subject to certain conditions specified hereinbelow, in and to the following described property located in Washington County, Arkansas: See Exhibit "A" attached hereto and made a part hereof. Section 2. The City of Fayetteville hereby reserves an easement on, over, across and under the subject property to construct, lay, remove, relay, enlarge, and maintain public utility lines. Section 3. The utility easement shall be for the benefit of the power companies, telephone companies, gas companies, cable companies, and the City of Fayetteville. Section 4. That 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 2' day of February , 1999. APPROVED,;/ Fred Hanna, Mayor TES@T:,, �r � �` ! : . t� •. y�l ` i „If Oe'r Woodruff, City Cler �.4 99030171 ord . 4138 EXHIBIT "A" ALL THAT PORTION OF CEDAR STREET BEING SITUATED IN BLOCK `B' OF THE GARNER-LARIMORE 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, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT NUMBERED FIVE (5) OF SAID BLOCK `B ', SAID POINT BEING AN EXISTING IRON; THENCE NORTHERLY 50.00 FEET TO AN EXISTING IRON PIPE AT THE SOUTHWEST CORNER OF LOT NUMBER SIX (6) OF SAID BLOCK `B ' ; THENCE EASTERLY 196.06 FEET TO A SET IRON AT THE SOUTHEAST CORNER OF SAID LOT SIX (6); THENCE SOUTHERLY 50.00 FEET TO AN EXISTING IRON PIPE AT THE NORTHEAST CORNER OF SAID LOT FIVE (5); THENCE WESTERLY 197.99 FEET TO THE POINT OF BEGINNING. (tplAle6q GiJ� M' � �I�tNlf �IIii1i BNd. EYrPfiiclB 9wep�Qt�ifor far WaihlRgan QPunty, 9rk Rpas, do hereby or fthip InptrumCnl Wa fIIRijAr record in my efogo go in 104W hown gnt the gpMe ie naw duly roaorded Will the eakRCWIaQg9mpnl Fns Certificate thG!CCP In f9paplA @flak end O9CP na indlatitod thereon. IN WITNUOR WIigGCB F, I hang hweYnto Get my hand and affixed the Ro81 CI Cold Court on the date indi- CBiGd heroes K,•,ih?Gan NaP?dGa by Corp '.! f, fE. and E';xbfllala RG9tlr(#er Ktl. � Ii a r. v ORDINANCE NO. 4136 constcuct, lay, remove, relay, STATE OF ARKANSAS AN ORDINANCE VACATING enlarge, and maintain public FEB 1 9 1999 AND ABANDONING A POR- utility lines. TION OF THE CEDAR Section 3. The utility ease- •County of Washington SS. �•��uA�//�� /��pp'�� STREET RIGHT OF WAY LO- ment shall be for the benefit of HMNCL MR* CATED BETWEEN LOTS 5 the power companies, tele- AND 6 OF THE GARNER-LAR- phone companies, gas compa- I , JEFF JEFFUS, hereby certify that I am the publisher of THE IMORE ADDITION, BLOCK B, nlesrablecompanies, and the NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class SUBJECT TO UTILITY EASE- Ciy of Fayetteville. MENTS AND SEWER EASE- mailing privilege, and being not less than four pages of five columns each, MENTS, AS REQUESTED BY mon 4 That a copy of this published at a fixed lace of business and at fixed (daily) intervals ANDRE AND MARCI GIES. Ordinance duty certified by the P P WHEREAS, the City Council' City Clerk shall be tiled in the continuously in the City of Fayetteville, County of Washington, Arkansas for office of the Recorder of the has the authority under A.C.A. County and recorded in the more than a period of twelve months, circulated and distributed from an §74-54-104 to vacate streets, Deed Records of the County. established lace of business to subscribers and readers generally of all portions of streets and other P 9 y public grounds or portions PASSED AND APPROVED classes in the City and County for a definite price for each copy, or a fixed thereof as may not for the time this 2nd - day of February, being be required for corporate 1999, price per annum, which price was fixed at what is considered the value of the purposes; and publication, based upon the news value and service value it contains, that at WHEREAS, the City Council APPROVED: _ least fifty percent of the subscribers thereto have paid for their subscriptions has determined that the follow- gt,_ Fred Hanna, Mayor to the newspaper or its a agents or through recognized news dealers over a Ing determind street right-Of- 9 9 9 way is a platted but unopened' ATTEST: period of at least six months and that the said newspaper publishes an street which is not required tot corporate purposes. By: Heather Woodruff, City average of more than forty percent news matter. NOW, THEREFORE, BE IT Clerk ORDAINED BY THE CITY EXHIBIT •A• I further certify that the legal notice attached in the matter of COUNCIL OF THE CITY OF ryp �� ff 22 FAYETTEVILLE, ARKANSAS: �1 1 im n P —1 l 1 )� Section 1 . That the Cit of ALL THAT PORTION OF CE- Fa etteville, Arkansas hereby DAR STREET BEING FT HE- Y y ED IN BLOCK �B' OF THE- vacates and abandons all of its GARNER-LA ADDI- rights together with the rights of ,TION 70 THEHE CITY OF was published in the regular daily issue of said newspaper for the public generally, subject to FAYETTEVILLE, ARKANSAS, consecutive Insertions as f lows: certain conditions specified AS PER PLAT OF SAID ADDI- hereinbelow, in and to the fol- TION ON FILE IN THE OFFICE lowing described 'property local- OF THE CIRCUIT CLERK ANDThe first insertion on theIla LLL I da of 19 ad in Washington County, Ar- EX OFFICIO RECORDER OF y kansas: WASHINGTON COUNTY, AR- see Exhibit NA" attached KANSAS, BEING MORE PAR- the SBCOnd IRSertIOn On the da Of 19 hereto and made a — rt TICULARLY DESCRIBED AS y Ps FOLLOWS: BEGINNING AT hereof- THE NORTHWEST CORNER Section 2. The City of Feyet- OF LOT NUMBERED FIVE (5) the third insertion on the day of 19 OF SAID BLOCK EB', SAID — teville herebyreserves an POINT BEING AN EXISTING easement on, over, across and IRON; THENCE NORTHERLY the fourth insertion on the ay Of 19 under the subject prgperty to 5000 FEET TO AN EXISTING IRON PIPE AT THE SOUTH- WEST CORNER OF LOT NUMBER SIX (6) OF SAID BLOCK CEB'; THENCE EAST- U 1 !General Manager ERLY 196.06 FEET TO A SET IRON AT THE SOUTHEAST CORNER OF SAID LOT SIX Sworn to and subscribed before me on this day of (6);THENCESOUTHERLY 50.00 FEET TO AN EXISTING no IRON PIPE AT THE NORTH- 19 EAST CORNER OF SAID LOT i FIVE (5); THENCE WESTER- LY 197.99 FEET TO THE POINT OF BEGINNING. 1 S�z��ffzfzCatint Nota Public f Cath::rine Salt '� Notary My Commission Expi tsNotn Public% State Of ArkansasF3 1- l� ct My Comm ss on Expires OJ27/05 ' ««cccccccccccc<cccc<cccccccccc<c2 I Fees for Printing................................................. .....$ Costof Proof.............................................................$ Total..........................................................................$ Q9 - .3av C. �✓ el �i� FAYETTEVILLE � THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Janet Johns, Planning Secretary From: Heather Woodruff, City Clerk Date: February 10, 1999 Attached is a copy of the ordinance VA 98- 13 .00 for your records. The original will be microfilmed and filed with the City Clerk. The ordinance will also be recorded with the County. CC. Clyde Randall, Engineering John Goddard, Data Processing Ed Connell, Engineering ORDINANCE NO. 413E cont ucL-lay,remove,-relay. STATE OF ARKANSAS AN ORDINANCE VACATING ' enlarge, and maintain public ) ' 1 � � A �� ' M FEB 19 1999 AND ABANDONING A POR- � e�' �•.^.�-- M (( j ' TION - OF THE CEDAR - ' IIty COUn y O Washington TO S. STREET RIGHT OF WAY LO. Saetlon 9.be the be ease• '1 rre, ME CDT CATED BETWEEN LOTS E meet mall be for an es, lafit of F �IV11,uL Dif E. AND E OF THE GARNERA.AR• the oornpwer companies,, tele-• I, JEFF JEFFUS, herebycertifythat I am the publisher of THE IMORE ADDITION, BLOCK B, phone e y�jhe ' SUBJECT To UTILITY EASE. NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class MENTS AND SEWER EASE. �ofFw't.�' •- : MENTS, AS REQUESTED BY Section. Thai a copy of this' mailing privilege, and being not less than four pages of five columns each, ! ANDRE AND MARCIOIES. Ordinance duly cerdfled by the published at a fixed place Of business and at lixed (dally) Intervals Co • ' CIry Clark &hall be filed In the continuous) In the Ci of Fayetteville, Count of Washington, Arkansas for WHEREAS, the Cityunder Council olflce of the Recorder of the' y City y y g has Ins 04 to v under Aeels,j County and recorded In the more than a period of twelve months, circulated and distributed from an portions of streets vette streets, Dead Recordsolthe County. established place of business to subscribers and readers generally of all portions of streets end otner public grounds or portions PASSED-AND-APPROVED classes in the City and County for a definite price for each copy, or a fixed thereof as may not for the time We , 2nd ,; .day of ! February, bengberewredforcoporeta , fifes• ` �t� ,j;.v . price per annum, which price was fixed at what is considered the value of the purposes; end ` r?a< ht2 ,.-,• . - -o�•a ' i eyr+'7 publication, based upon the news value and service value it contains, that at WHEREAS, rhe Cl Council , APPROVED::6J Yhkrxt . :. ., lead fifty percent of the subscribers thereto have paid for their subscriptions Ing a ee ibed stt that rip t•ol Frod Hanna,Mayorf!?- '• , , � to the newspaper or its agents or through recognized news dealers over a way Is a platted but unopened 1. ATresr. },q;.,, A ,,, . ;-•„ ,L I period of at least six months and that the said newspaper publishes an street which U not required lot - tits corporate purpoesa. By: Heather.Woodruff, City average of more than forty percent news matter. NOW, THEREFORE, BE IT Ctark • _ ORDAINED BY THE CITY J2 R'ExHIBIT•A""' +' ' ' � ' ' 1 further certify that the legal notice attached in the matter of COUNCIL OF THE CITY OF 1a4+`t'" ,• ; ,: + ai .•t + FAYETTEVILLE, ARKANSAS:-•i nob) e a 1"1d fstTeD rre! _ � ) �y� � n ^ , / 1I �� Section 1 . That )tie cit of 1 ALCTHAT PORTION OF CE-,i t J I Y [-f Fayetteville, Arkansas hereby DAR STREET BEING SITUAT- - vacates and abandons all of es ED IN BLOCK CEB' OF THE- dghts together with the rights of GARNER-,TION TOL THIE OC TY RE OOF I was published in the regular daily issue of said newspaper for the public generally, subject to FAYETTEVILLE, ARKANSAS, COnSBCUIIVe IRSertIOnS as f TOWS: certain conditions specified AS PER PLAT OF SAID ADDI• hereinbelow, In and to the fol- 1I . TION ON FILE IN THE OFFICE 1 lowing described property locat- . OF THE CIRCUIT CLERK AND The first insertion on the - da Of 19 ad in Washington County, Ar- , EX OFFICIO RECORDER OF y Kansas: ' - _ _ • ii WASHINGTON COUNTY, AR. , "s KANSAS, BEING MORE PAR- , See Exhibit *Am attached.; �l TICULARLY DESCRIBED AS ; the second insertion on the day of 19 — heretoandmadeapertcDl FOLLOWS: BEGINNING AT.1 hereof. THE NORTHWEST CORNER ' on 2. The City of Fayet- I OF LOT NUMBERED FIVE (5) the third insertion on the day of 19 — Secti I OF SAID BLOCK tEB', SAID tSedl hereby reserves an easement on, over, across can POINT BEING AN EXISTING under the n, over. Across to IRON; THENCE NORTHERLY the fourth insertion on the ay Of 19 50.00 -FEET TO AN EXISTING IRON PIPE AT THE SOUTH-; WZ WEST CORNER OF LOT NUMBER SIX (6) OF SAID' BLOCK tEB'; THENCE EAST- ' u l /General Manager ERLY 196.06 FEET TO A SETS IRON AT THE SOUTHEAST CORNER OF SAID LOT SIX Sworn to and subscribed before me on this day of (6);THENCESOUTHERLY 50.00 FEET TO AN EXISTING /' IRON PIPE AT THE NORTH- i EAST CORNER OF SAID LOT ' 19 FIVE (5); THENCE WESTER: - LY 197.99 FEET TO THE POINT OF BEGINNING. - - t Catherine 5411 Notary Public tUJJ My Commission ExpirtsNO16 ` s'iin' c'{31 of ArkEns3s r< My Cumtnission Expires OJ27/OS ' �cccccccccccccccccuccccccuccccccact Fees for Printing................................................. .....$ Costof Proof.............................................................$ Total..........................................................................$ 9 � Sao L ( <j VA 98-13.00 MA 1 D 80 I/jr STAFF REVIEW FORM X Agenda Request _ Contract Review pp � ��yy ��{{!! 7{ ¶ p Grant Review 1�y ECRO ,C I� i�.., MED oree For the Fayetteville City Council meeting of M&rdh 2 , 1999 . FROM : Alett Little Planning Public Works Name Division Department ACTION REQUESTED : To approve vacation request VA98-13 as requested by Andre and Marci Gies vacating that portion of the 50 ' wide Cedar Street right of way located between Lots 5 S 6 of the Garner-Larimore Addition , Block B subject to the existing utility easements and sewer easements as required . COST TO CITY : Cost of this request Category/ Project Budget Category/ Project Name Account Number Funds used to date Program Name Project Number Remaining balance Fund BUDGET REVIEW : Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : Ac ti n ger /Daat�e� /® ADA Coordinator Date t A tD' ate Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommends approval subject to the retaining of requested easements and Planning Commission approved VA98 - 13 on the Consent Agenda at the regular meeting of January 11 , 1999 , with a unanimous vote of 9- 0 - 0 . Cross Reference ion Headat� niatiV - Di ctor New Item : Yes No A rServices DatePrev Ord/Res# : Dire Mayo Date Orig Contract Date : VA- 98-13.00 M D,2 Minutes of Planning Commission Meeting January 11 , 1999 Page 2 Odom: We would like to welcome Loren Shackelford. He has been appointed to a minimum three years term with this Commission. We have two items that are not on the agenda tonight. One is the CMN Business Park Subdivision. We will be hearing a report on the CMN Business Park but the large scale development has been pulled. If you are here tonight to discuss that, that will not be heard tonight. The second item pulled from the agenda is the Bakery Feeds conditional use which will heard on the January 25 agenda. First tonight, is the approval of the Consent Agenda. These are items that will be approved on consent unless a member of the public or a member of the Planning Commission pulls them off for discussion. Little: We do have a signed conditions of approval for Washington Regional large scale development. The amount of approval that has been assigned to traffic signals is $ 15 ,000 which they have agreed to. Odom : Does any member of the public or Planning Commission wish to discuss any of these items? CONSENT AGENDA APPROVAL OF DECEMBER 14, 1998 MINUTES VA98-13: VACATION GIES PP 404 This street right of way vacation was requested by Andre and Marci Gies for property located at 1250 Stephens Avenue, Garner-Larimore Addition, Block B located between lots 5 and lot 6. The property is zoned R- 1 , Low Density Residential . The request is to vacate that portion of the 50 feet wide Cedar Street right of way located between lot 5 and lot 6 subject to the existing utility easements and sewer easements as required. Conditions of Approval Retention of the eastern most 10 feet as Southwestern Bell easement. LSD98-36 : LARGE SCALE DEVELOPMENT WASHINGTON REGIONAL MEDICAL CTR PP 250, 211 This large scale development was submitted by Kurt Jones of Crafton, Tull and Associates on behalf of Washington Regional Medical Center for property located north of Appleby Road and west of Northhills Boulevard. The property is currently zoned A- 1 , Agricultural ; C-2, Thoroughfare Commercial; and R-0, Residential Office, and contains approximately 45 .47 acres. ' VA 98-13,00 .071A 95. 13. 00 M D,3 Page I PC Meeting of 11 Jan 99 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS Street Right of Way vacation 113 W. Mountain St. Andre and Marci Gies Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU: Alett S. Little, City Planner FROM: Ron Petrie, Staff Engineer DATE: 8 January 99 Project: VA 98.00-13.00: Street Right of Way Vacation as requested by Andre' and Marci Gies for property located at 1250 Stephens Avenue , Garner-Larimore Addition , Block B , located between Lots five(5) and six(6) . The property is zoned R- 1 , Low Density Residential . The request is to vacate that portion of the 50' wide Cedar Street right-of-way located between Lots five(5) and six(6) subject to the existing utility easements and sewer easements as required . Please refer to the attached drawings. The applicant has submitted the required notification forms to the utility companies and to the City . The results are as follows: Ozarks Electric - No service in area. Southwestern Electric Power Company - No objections provided that the east most 10 ' be retained as an easement. Arkansas Western Gas - No objections provided that a 20 ' wide easement along the east side of the street be retained as an easement. SW Bell - No objections provided that the east most 10 ' be retained as an easement. TCA Cable - No objections provided that the east most 10 ' be retained as an easement. City of Fayetteville: Water/Sewer - No objections provided the north 20 ' of Right of Way be retained as a water easement and any fences to have a double gate in front. Also , provided that the east most 10 ' be retained as an easement. Street Department - No objections. Solid Waste - No objections. Recommendation: Approval of street right of way vacation provided that the requested easements be retained . VA 98-13.00 M,D.5 VA98 . 00 - 13 . 00 - Gies - Close Up R-1 7 ' 'VI - R-2 R-1 R-1 R-2 R-1 pRl\ R-1 R-1 V R-1 ❑ R-1 R-1 R-1 EZR-1 R-1 R-2 R-1 R-1 R-1 R-1 R-1 R-1 R-1 EZ R-1 R-1 R-1 R-2 j.� 100 0 100 Feet E S VA 98-1. 3.00 M.D.6 VA98 . 00 - 13 . 00 - Gies - One Mlle Radius R-2 R-2 y 1 a¢ 1 R-2 1� 1 1 p -2 R-2 PRIVA 1 1 1 PEACHTRE 1 1 R-3 PR T 1 PRIVATEq� 1 R-2 R-2 - 1 a F R-1 Z R-i R-1 - - - � - - GE4yE- � � .2 R-1 2 .3 R-2 R-1.5 R-2 - R-3 R-1 R-1 rc P-1 R-3 2 R 1 P-1 R-2 P-1 R,2 1 R-2 R" z 3 1 R'3 RA EDAR w R-2 R-1 2 R-1 R 1 R.1 a R-3 R-1 R,2 R-: R-1 R-1 R-1R-1 G2 G - R. 2 -1 R.1 G2 1 C-1 C-1w R-2 R-2 R-2 R-1 R-1 R-3 R-1 Eo RJ R-3 r R-1 R-1 R-D R D -1 O R-J BERRY R,1 R-3 R-3 -3 R-3 R R-3 CLEVELAND LL R-2 P-1 3 R-3 W R 2 R-3 O R-3 R-3 < m z R1 O LINCOLNWOOD y ALL R-1 > R-111 CA O K P-1 R-3 R-J R-3 V R-J O R-1 R-1 R'3❑❑ x R-3 R-3 .2 MAPLE R-1 R-1 P-1 ril P1 IPA KR-3 y! 3 R3 R3 ' FIF F-1 V F - R-J 1000 0 1000 Feet N E S - VA 98-13,00 U I,D.7 PETITION TO VACATE CEDAR STREET LOCATED IN BLOCK 'B' , GARNER- LARIMORE ADDITION, CITY OF FAYETTEVILLE, ARKANSAS To: The Fayetteville City Planning Commision and The Fayetteville City Council We, the undersigned, being the owners of the real estate abutting the street hereinafter sought to be abandoned and vacated, lying in block B, Garner-Larimore Addition to the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate the street which is described as follows: ALL THAT PORTION OF CEDAR STREET BEING SITUATED IN BLOCK 'B' OF THE GARNER- LARIMORE ADDITION TO THE CITY OF FAYETTEVILLE,ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE 1N THE OFFICE OF •rl-m CIRCUIT CLERK AND EXOFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT NUMBERED FIVE (5) OF SAID BLOCK 'B% SAID POINT BEING AN EXISTING IRON; THENCE NORTHERLY 50.00 FEET TO AN EXISTING IRON PIPE AT THE SOUTFIWEST CORNER OF LOT NUMBERED SIX (6) OF SAID BLOCK 'B'; THENCE EASTERLY 196.06 FEET TO A SET IRON AT TIE SOUTHEAST CORNER OF SAID LOT SIX (6); THENCE, SOUTHERLY 50.00 FEET TO AN EXISTING IRON PIPE AT THE NORTI-[AST CORNER OF SAID LOT FIVE (5); THENCE WESTERLY 197.99 FEET TO TI IE POINT OF BEGINNING. That the abutting real estate affected by said abandonment of the street are 1225 Mt. Comfort Rd. , Lots 3/4, 5, 6 ,and 7 block Band Lots 3/4, 5, 6, and 7 block A, Gamer-Larimore Addition to the City of Fayetteville, Arkansas, 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. Petitioners state that the above described street is not open and has not been used by the public as a street for many years and has been maintained for several years by the property owners of lots 5 and 6 block B . The public interest and welfare would not be adversely affected by the abandonment of the portion of street, in fact the abandonment may actually improve public saftey and welfare by allowing it to become fenced private property. Currently some people use the street as an access to the back side of College Park Apartments, which is fenced. There have been several occasions in the past few months when the Fayetteville Police Department have been called out because people have trespassed and caused problems. The petitioners ask that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easments and sewer easments as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. We also ask that the above described real estate be vested in the abutting property owners as provided by law.