HomeMy WebLinkAbout1966-09-06 Minutes'71
Regular eting. The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Tuesday,
September 6, 1966, at 7:30 P. M. in the Directors Room in the City Administration Building.
Present: City Manager Gerald G. Fox, City Clerk George J. Davis, City Attorney Hugh Kincaid, and Directors:
Kerlin; Swartz, McFerran, Melton, Christie, and Trumbo.
Absent: Director Dale Dunn._-
, The minutes of the regular meeting on Monday, August 15, 1966, and of the special session on Monday,
August 22, 1966, copies of which had previously been mailed to each of the Directors, were approved as
written.
Public hearing The Mayor reported that this was the date time and lace set for a
on petition o vacate yo Po , , P public hearing on the petition of
part of 7th Street. M. Ray Adams, and McIlroy Bank, Trustees; Rosa Nell.Winkle, surviving wife of William H. Winkle; and Hazel
G. Linard, surviving wife of Arthur V. Linard, to vacate and abandon that portion of 7th Street located
between Locust Avenue and School Avenue.
TheCity Clerk reported that he had caused a notice of the public hearing to be published once a week.for
two consecutive weeks and that an Abstractor's Certificate showing the Owners of Record.,of the property
abutting upon•said,street.,
There was no objection,from anyone present, to the vacating and abandoning of the street but no further
action was taken because the Planning Commission had not taken any action on the,petition.
Petition ofl
Vernon Wilson
to
The City Planner presented a.petition of J.V. (Vernon) Wilson to•Rezone From Residential (R - 1B)
to Commercial (C-1) the Northwest Corner of Wedirgton Drive and Garland Avenue:
rezone property
Garland &Weddington.
The City Planning Commission had a pproved this rezoning at its regular meeting on August 2, 1966,
by Resolution FC # 26-66.
A large group of citizens residing in this area, most of whom were property owners in this area,
appeared before the Board of Directors in opposition to the rezoning of this property.
Ordinance to
rezoneAfter
a very long discussion, Director Melton moved to introduce an Ordinance entitled, "AN
left on 1st
Reading,
ORDINANCE AMENDING ZONING ORDINANCE NO" 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS,
APPROVED MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM R -1B SINGLE FAMILY RESIDENTIAL DISTRICT TO
C-1 NEIGHBORHOOD COMMERCIAL DISTRICT."
i
The motion was seconded by Director Swartz and upon roll call the following vote was recorded; "Aye"
Kerlin, Swartz, McFerran, Melton, and Christie, "Nay" None. "Abstaining" Trumbo.
There being five "Ayes", no "Nays" with only one "Abstaining", the Mayor declared the motion passed.
'
The Ordinance was then read in its entirety for the first time.
Director Melton moved that.the..rule be suspended and the Ordinance placed on the second reading.
The motion was seconded by -Director Swartz and upon roll call the following vote was recorded,
"Aye" Swartz, McFerran, Melton, "Nay" Christie. "Abstaining" Kerlin and Trumbo.
There being three "Ayes", one "Nay", and two "Abstaining" the Mayor declared that the motion to
Mayor Trumbo
assured
suspend the rule.was defeated for lack of a two-thirds majority of all the Board of Directors,
residents they
would
be notified before
Mayor Trumbo stated to the citizens of that area who were present, that they would be given full
other action
I
notice before any othereaction was taken on this rezoning. �
would be tak
en.
The City Manager presented the plat of Woodland Park Subdivision which had been approved by the
Authorize Subdivider's
Planning Commission. Director Christie moved that the•City Clerk be and he is hereby authorized
Contract:
to execute a Subdividers Contract with Cjyde T. McClintock and Margret•E. McClintock,.husband and
wife, for the Woodland Park Subdivision.
The motion was seconded by Director Kerlin and padded unanimously.
Director McFerran introduced a proposed ordinance entitled, "AN ORDINANCE TO ;ACCEPT AND CONFIRM THE
Ordinance No.
DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS IIB BLOCK 1 OF THE WOODLAND PARK SUBDIVISION OF THE
1512
CITY OF FAYETTEVILLE, ARKANSAS,!' which was read in its entirety by the City Attorney.
Director Kerlin that the rule be suspended and the ordinance placed on the second reading.
The motion was seconded by Director Swartz and passed unanimously.
The Ordinance was then read ddr the second time.
The Mayor then declared the Ordinance open for discussion. There being no discussion, Director
Christie moved that the rule be further suspended and the Ordinance be placed on the.third and
final reaMing. _
The motion was seconded by Director McFerran and passed unanimously.
The ordinance was hien read for the third and Last time.
The 14rayor ther "ked -the question, "Shall the Ordinance pass?" Upon roll call the following vote
was recorded. "Aye" Kerlin, Swartz, McFerran, Melton, Christie, and Trumbo. "Nay" None.
There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed'.
ORDINANCE N0. 1512
AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS IDI BLOCK 1
OF THE WOODLAND PARK SUBDIVISION OF THE CITY OF FAYETTEVILLE, ARKANSAS:1.
_ WHEREAS, there has been duly presented to the Board of Directors of the City of Fayetteville,
-Arkansas, a plat dated July 52 1966, known as Block 1 of the Woodland Park Subdivision dedicated
for the public use, ,the streets, alleys and easements shown upon said plat; and _
WHEREAS, the City Planning Commission of the City of Fayetteville, Arkansas, has recommended the
acceptance of said__plat.
NOW, THEREFOgE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts said plat and•accepts and
confirms the dedication of all streets, alleys and easements dedicated in Block 1 of the Woodland
Park Subdivision of the City of Fayetteville, Arkansas, and hereby declares said streets, alleys,
and easements to be public streets, alleys and easements, and the said Board of Directors hereby
assumes the care, control and jurisdiction of same.
SECTION 2. That this Ordinance shall be in full force and effect from and after its passage, approval
and publication.
PASSED AND APPROVED this 6th day of September, 1966.
APPROVED: G
ATTEST�1.� DON TRUMBO, JR., MAYOR
FORGE V DANISp CITY CLERK
72
titin.
e Deed
I3anor
ase Deed
McDonald
ct for
mains
Authorize
Purchase of
2 Pickups &
1 Truck,
(I Dump Bed
Bids on
Trucks,Etc.
se of
on
Director Melton moved that the Mayor and City Clerk be authorized to execute a Release Deed Tor the
following described property, to -wit:
All of Blocks 1 and 3; also Lots 2,3;14, 5, 6, 71 8, 92 10, and 11 of Block 2; all in Eastwood
Addition to the City of Fayetteville, Arkansas, as -per plat of said Addition recorded in the office
of the Circuit Clerk and Ex -officio Recorder of Washington County, Ahkansas.
The motion was seconded by Director Kerlin and passed unanimously.
Director Melton moved that t'he Mayor' and City Clerk be authorized to execute a Release Deed of the
following described property, to -wit:
All of Blocks 12, 13, and 14; also Lots 5 and 6 of Block 9; Lots 7, 8, 90 10, and 11 of Block 15;
all in Oaks Manor Addition to the City of Fayetteville, Arkansas as per plat of said Addition, recorded
in the office of the Circuit Clerk -and Ex -officio Recorder of Washington County,=Arkansas.
The motion was seconded by Director Swartz and passed unanimously.
Director McFerran then mooed that the Mayor and.City Clerk be authorized to execute a Release Deed for
the following described property, to -wit:
A part of the Fractional East Half (Frl. E. 1/2) of the Northwest Quarter (NW 1/4) of Section 3,
Township 16 North of Range 30 West, being more particularly described as follows, to -wit; Beginning
at a point which is 236.78 feet East and 175 feet South of the Northwest corner of the above-mentioned
quarter section (NW Cor. Frl. E 1/2 NW 1/4); thence East 150 feet; thence South 146.1 feet; thence
West 150 feet; thence North -146.1 -feet to the point of beginning; LESS AND EXCEFT, the following
described parcelfof land, to -wit: Beginning at'the'aforesaid beginning point'and running thence
East 30.8 feet; thence South 81.1 feet; thence,West 30.8 feet; thence North 81.1 feet to the point
of beginning; AND LESS AND ECCEFT, so,*uch of the following described circle which falls within the
tract first described above; said circle being described as having a radius of 40 feet from its center
point which center point is located. 229.3 feet East and 256.09 feet South of the Northwest Corner
of the Fractional East Half (Frl. E. 1/2) of the Northwest Quarter (NW 1/4) of said Section 3.
The motion was seconded by Director Swartz and passed unanimously.
The City Manager reported that bids had been received and opened for the construction of two sections
of Seiner Mains and he recommended that the contract be awarded to the low bid which was the 'one by
Tune Construction Company, Inc., Fayetteville, Arkansas, for the total sum of $8,490.26.
Director Melton moved to accept the recommendation of the City Manager and award the contract for the
two Sewer Mains to the Tune Construction Company, Inc, for the total sum of $8,490.26 and that the
G#yrMandgeihy Clerk be and they ise hereby authorized to execute the contract upon the approval of
the Contract and Performance,Bond by the City Attorney and Consulting Engineers and evidence of
proper insurance.
The motion was seconded by Director.McFerran and passed unanimously.(The other bid received was from B
for a total sum of $9,951:80)"
The City Manager reported that bids had been received for two (2)7 3/4 Ton Pick -Up Trucks and one (1)
2 Ton Truck Chassis and one•(1) - Four.Cx&ic Yard Dump Bed and that he recommended the purchase of all
three units and the Dump Bed from Lewis Ford Sales, Inc. for altotal sum of $7,441.27.
Director Swartz then moved to accept the recommendation of the City Manager and purchase two 3/4 -Ton
Pick-up Trucks at a net cost of $3,31.1.42 and One 2Ton Truch Chassis for $3,237.85, and One"Four Cubic
Yard Dump Bed for $892.00 or a total cost of $7,441.27 all from the Lewis•Ford Sales, Inc., Fayettevil
Arkansas: I I'
The motion was seconded by Director McFeraan and passed unaninously. Copy of Bids.
Two (2) - $/4 Ton
Fick -up Trucks As
Per Specifications
Taade-In
NET COST
Model
Horsepower
One (1) - 2 Ton
Truck Chassis As
Per Specifications
Model
Horsepower
Net Cost -All Units
Teri ms
Delivery
BID TABULATION
WATER DEPARTMENT TRUCKS
August 25, 1966. 9:00 a.m.
Green'Chev.
Co, Inc.
$ 5,314.16
2,060.16
$ 3,254.00
Chev.
175
$ 3,584.60
Chev.
220
$ ' 8* 0'
t.
One (1) Four Cubic Yard Dump
Bed as Per Specifications
$ 867.00
Lewis Ford
Sales, Inc.
Houston
Taylor Sales
International
5,594.00 $ 5,153.94 $ 4,150.00#
2 2, 82.58 950.00 1� 00.00
$ 3,311.42 $ 4,203.94 $ 2;650.00
F - 250. D -200 Int -1200A
208 202 193
$ 3,237.85 $ 3,279.34 $ 39815.05
F - 600 D - 500 Int -1600
190 202 1193
$,56 49.27 $ 7,483.28 $,6 465.05
M
30 day
*Does Not Meet
Specifications
$ 892.00 $ 950.00
Bid on 31811 V8 Engine
The City Manager reported that bids had been received for Mobile Radios and that -he recommended the
purchase of two mpbile Radios from Motorola C. and E. Inc. at a cost of $1,535.50 plus $50.00 for
Installation. 'I •
Director Meltnnnmoved to accepttthe recommendation of the City Manager and purchase two Mobile Radios
from Motorola C and E. Inc. for $1,535.50 plus $50.00 for Installation or a total cost of $1,585.50.
The motion was seconded by Director Kerlin and passed unanimously. Copy of the Bids.
Motorola C & E. Inc.
Mobile Radios, 8 watt output, Motorola
Industrial Dispatcher or equal with all
accessories as per specifications:
$ 1,535.50
Installation 50.00
BID TABULATION MOBILE RADIOS
August 30, 1966, 9:00 a.m.
Generla Electric Co. Radio Corporation
$ 1,566.00 Bid $ 10
050.000
*Does not meet Specificationsset*
1
Asphalt Co.
V;t
1
L
The City Manager reported that Bill Dalton had resigned from the Planning Commission and he recommended
Appoint juzannethat Suzanne Lighton be appointed to the vacancy, the term expiring January 1,1968.
Lighton o Planning Director Melton moved to accept the recommendation of the City Manager and appoint Suzanne Lighton as a
Commission. member of the Planning Commission vice Bill Dalton, her term to expire January 1, 1968.
The motion was seconded by Director Swartz and passed unanimously.
Appoint erbert The City Manager reported that the term of Herbert Lewis, on the City Hospital Board; had expired on
Lewis to City March 26, 1961, but he had never been reappointed (although Mr. Lewis had served) and he recommended tha
Hospital Board Mr. Lewis be reappointed, his term to expire March 26, 1971,
Director Christie moved that Mr. Herbert Lewis be reappointed to the City Hospital' -Board, his term to
expire March 26, 1971.
The motion was seconded by Director Swartz and passed unanimously.
Appoint Jack Flora
I The City Manager further reported that, due to ill health, Mr. W. G. Shipley had resigned from the City
to City Hospital Hospital Board and he recommended that Mr. Jack Flora be appointed to fill the vacancy, his term to expi
Board. January 1, 1976.
Authori2e Study Director Melton reported that he believed it to be to the best interest of all concerned to have
of county county=aide Ambulance Service owned and operated by the County.
I After a long discussion Director Melton moved that the Board of Directors go on record as favoring a
ambulance, complete investigation of a County Operated Ambulance Service.
The motion was 'seconded by Director Kerlin and upon roll call the following vote was recorded, "Aye"
Kerlin, Swartz, McFerran, Melton, and Christie. "Nay", Trumbo.
There being five "Ayes" and only one "Nay", the Mayor declared the motion passed.
Audit of Water Director Melton moved that the 1965-1966 City of•Fayetteville, Arkansas Water and Sewer Department
A
ASewer Dept. Audit as prepared by the firm of Myers, Scarbrough, and.Baker, Certified Public Accountants, be
accepted filed, accepted and filed. .
The motion was seconded by Director McFerran and passed unanimously.
The City Attormey read a proposed resolution setting forth the date, time] place, and purpose for a
lution hearing upon the petition of Campbell Soup Company to vacate and abandon a street.
Director Melton moved that the resolttt6n be adopted.
The motion was seconded by --Director McFerran and - passed unanimously, whereupon the°Mayor declaredd the
Resolution Resolution adopted. - -
No. 13-66
RESOLUTION N0. 23-66
WHEREAS, it appears that the petition of Campbell Soup Company to vacate a portion of. West Spring
Street and Gregg Avenue (or Street) lying between the West boundary ling of the right-of-way of the St.
Louis -San Faancisco Railroad Right -of -Way and the Fast bouddary line of the right-of-way of the St.
Louis -San Francisco Railroad Right -of -Way was duly filed with the City Clerk of the City of -Fayetteville,
Arkansas, on the 6th day of September, 1966; and
WFIEREAS,
it appears
Director Melton then moved that Mr. Jack Flora be appointed to the City Hospital Board vice Mr. W. G.
is the next
regular
Shipley, his term to expire January 1. 1976.
P,oard of Directors -of the City of
Fayetteville,.Arkansas,
The motion was seconded by Director Swartz and passed unanimously.
Appoint
Neil
of said
Harmon tb
Civil
The City Manager reported that the term of Mr. Pearl Clinehens, Civil Service Commission, had expired on
Service
Commission,
April 10 1966, and he recommended.that Mr. Neal Harmon be appointed to fill this vacancy for a term of
six years, the term to expire April 1, 1972•
Director McFerran then moved that Mr. Neal Harmon be appointed to the Civil Service Commission,vice
Pearl Clinehens, his.term to expire.April 1, 1972.
The motion was Seconded by Director Melton and passed unanimously.
Authorize
The City Manager reported that the City Land Agent had been unable to reach an agreement with some of '
appraisal
land for
of
Hiway 16
the property owners for the
p p y purchase of necessary real estate for the right-of-way for Arkansas State
Bypass.
Highway # 16 Bypass and he recommended an appraisal of this property.
After a brief discussion Director McFerfan moved to authorize the City Manager to cause the nmpurchased'
right-of-way property to be appraised where no agreement can be reached.
The motion was seconded by•Director Kerlih and passed unanimously.
Authori2e Study Director Melton reported that he believed it to be to the best interest of all concerned to have
of county county=aide Ambulance Service owned and operated by the County.
I After a long discussion Director Melton moved that the Board of Directors go on record as favoring a
ambulance, complete investigation of a County Operated Ambulance Service.
The motion was 'seconded by Director Kerlin and upon roll call the following vote was recorded, "Aye"
Kerlin, Swartz, McFerran, Melton, and Christie. "Nay", Trumbo.
There being five "Ayes" and only one "Nay", the Mayor declared the motion passed.
Audit of Water Director Melton moved that the 1965-1966 City of•Fayetteville, Arkansas Water and Sewer Department
A
ASewer Dept. Audit as prepared by the firm of Myers, Scarbrough, and.Baker, Certified Public Accountants, be
accepted filed, accepted and filed. .
The motion was seconded by Director McFerran and passed unanimously.
The City Attormey read a proposed resolution setting forth the date, time] place, and purpose for a
lution hearing upon the petition of Campbell Soup Company to vacate and abandon a street.
Director Melton moved that the resolttt6n be adopted.
The motion was seconded by --Director McFerran and - passed unanimously, whereupon the°Mayor declaredd the
Resolution Resolution adopted. - -
No. 13-66
RESOLUTION N0. 23-66
WHEREAS, it appears that the petition of Campbell Soup Company to vacate a portion of. West Spring
Street and Gregg Avenue (or Street) lying between the West boundary ling of the right-of-way of the St.
Louis -San Faancisco Railroad Right -of -Way and the Fast bouddary line of the right-of-way of the St.
Louis -San Francisco Railroad Right -of -Way was duly filed with the City Clerk of the City of -Fayetteville,
Arkansas, on the 6th day of September, 1966; and
WFIEREAS,
it appears
that this
is the next
regular
meeting of the
P,oard of Directors -of the City of
Fayetteville,.Arkansas,
following
the filing
of said
petition;
NOV; THEREFORE, BE IT RESOLVED!
1. That the 1.9th day of September, 1966, at 7:30 o'clock p.m.jmthe Board of Directors' Room of the
City Administration Building, be, and the same is hereby fixed as the time and place for hearing upon
said petition.
2. That the City Clerk of the City of Fayetteville, Arkansas, be, and he is hereby directed to
give notice of such hearing to all interested persons by publication thereof for two (2) consecutive
weeks in the Northwest Arkansas Tii.es, a newspaper published in Washington County, Arkansas, and
having a general circulation in the City of Fayetteville, Arkansas.
3. That the -City Clerk of the City of Fayetteville, Arkansas, be, and he is hereby directed to cau
an abstracter's -certificate as to the record owners of the real estate abutting upon said portion of
_ street sought to be vacated, to be attached to said petition prior -to the date set for hearing thereon.
FASSED.AND APPROVED THIS 6th day of September,
ATTES-
49 M
CEORC61J*jvDAVIS2 CITY CLERK
1966.
APPROVED:
DON TRUPWO, UR., MAYOR
74
IH
I of
No
i for
e by
i Sheet
Company.
g to
part
ing &
Streets
nance
1513
Buster Carson, representing the Carson Shee t Metal Company of Fayetteville, Arkansassappeared before
the Board of Directors and presented a claim for damage in the amount of $271.24 which he claimed rias
done by the Sanitation Department by hauling off new sheet metal to the City Incinterator of that value.
The City Manager read the opinion of the City Attorney in which he stated the City was not liable for
this damage under the Arkansas Laws.
A long discussion was had but no further action was taken at this time.
There being no further business, Director Kerlin moved bb adjourn.
The motion was seconded by Director McFerran, whereupon the Mayor decla,ped the
APPROVED:
AT DON TRUMBO, JR.,
GEORGE J. CITY C=1
adjourned.
'he Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, September
.966, at 7:30 P. M. in the Directors Room in the City Administration Building.
'resent: City Manager Gerald Fox, City Clerk George J. Davis, City Attorney Hugh Kincaid, and Directors:
:erlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn.
lbsent: None.
'he minutes of the regular meeting on Tuesday, September 6, 1966, a copy of which had previously been mai:
,o each of the Board Members, were approved as written.
he Mayor reported that this was the date, time, and place set for a public hearing on the petition bf the
ampbell Soup Company to vacate and abandon that portion of Spring Street or Gregg Avenue lying between th
est boundary line of the.right of way of the St. Louis & San Francisco Railroad Company and the East
oundary line of the right of way of the St. Louis & San Francisco Railroad Company.
he City Clerk reported that he had caused a notice of the public hearing to be published in the Northwest
rkansas Times, a daily newspaper published in Washington County,Arkansas, and having a general circulatio
n the City of Fayetteville, Arkansas, once a week for two consecutive weeks, that an Abstractor's Certifi
f Title, showing the owners of Record had been attached to the petition prior to the date set for the
ublic hearing, and that a letter.from each of the utility companies, stating they had no objedtion to the
aid street being vacated and abandoned, had been attached to the petition prior to the date set for the
ublic hearing. Also this had been approved by the Planning Commission. I�Ik.
here being no objections to the vacating and abandoning of the Street as described in the petition, the
ity Attorney introduced and, at.the request of the Directors, read a.proposed ordinance in -its entirety
ntitled, "AN.ORDINANCE TO VACATE AND ABANDON A PORTION OF WEST SPRING STREET AFD GREGG AVENUE(OR STREET)
YING BETWEEN THE WEST BOUNDARY LINE OF THE RIGHT 'OF WAY OF TFE ST.LOUIS-SAN FRANCISCO RAILROAD RIGHT-OF-
A,v, AND THE EAST BOUNDARY LINE OF THE RIGHT-OF-WAY OF THE ST. LOUIS -SAN FRL14CISCO RAILROAD RIGHT -OF r1AY
N THE CITY OF FAYETTEVILLE, ARKANSAS".
irector Ehasstae then moved that the Ordinance pass.
he motion was seconded by.Director Dunn and passed unanimously, whereupon the Mayor declared the'Ordinanc
ORDINANCE NO. 1513
N ORDINANCE TO VACATE AND ABANDON A PORTION OF WEST SPRING STI AND GREGG AVENUE (OR STREET) LYING
EMr1EEN THE WEST BOUNDARY LINE OF THE RIGHT-OF=AAY OF THE ST, DOUIS-SAN FRANCISCO RAILROAD RIGHT-OF-WAY
ND THE EAST BOUNDARY LINE OF THE RIGHT-OF-WAY OF THE ST. LOUIS -SAN FRANCISCO RAILROAD RIGHT -0F -WAY IN
HE CITY OF FAYETTEVILLE, ARKANSAS. -
HEREAS, a petition was duly filed with the Board of Directors of the City of Fayetteville, Arkansas, on
he 6th day of September, 1966, asking the Board of Directors to vacate and abandon a portion of West
pring Street and Gregg Avenue (or Street) 1ping between the West boundary line of the right-of-way of
he St. Louis -San Francisco Railroad right-of-way4and the -East boundary line of the right-of-way of the
t. Louis -San Francisco Railroad right-of-way; and 1.
REAS, after due notices as required by law, the Board of Directors has, at the time and place mentionec
the notice, heard all persons desiring to be heard on the ouestion and has ascertained that the p ortior
the streets hereinafter described has heretofore been dedicated to the public use as streets; that all
the owners of the property abutting on the portion of said streets sought to be vacated have filed Witt
Board of Directors their written consent to said abandonment; and t
EREAS, the franchised public .utility companies having .public utility poles, lines, pipes, or wires,
thin that portion of West Spring Street and Gregg Avenue (or Street) sought to be vacated have filed
th the Board of Directors their written consent to said abandonment; and .
, the public( interest and welfare will not be adversely affected by the abandonment;
, THEREFORE, RE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
ction 1: The City of Fayetteville, Arkansas hereby releases, vacates and abandons all its right, togeth
th the rights of the public generally., in and to the following described portion of West Spring Street
d Gregg Avenue (or Street) lying between the west boundary line of the right-of-way of the St. Louis-
t.n Francisco Railroad RightOf-Way and the east bouhdary line of the right-of-way of the St. Louis -San
ancisco Railroad right-of-way withih the corporate limits of the City of Fayetteville, Arkansas, to -wit:
Beginning at a point where the west boundary line of the right-of-way of Gregg Avenue (or Street)
intersects the south boundary line of the right-of-way of nest Spring Street in the City of Fayettevi
Arkansas, thence east two hundred and thirteen and sixty-five hundredths (?13.65) feet, thence north
forty-four"(44) feet to the north boundary line of the right-of-way of West Spring Street, thence
West two hundred and thirteen and sixty-five hundredths (213.65) feet to the west boundary line of
the right-of-way of Gregg Avenue (or Street), thence South forty-four (44) feet to the point of
beginning.
ction 2: That the City of Fayetteville, Arkansas, hereby reserves for the benefit of itself, its
ccessors and assigns, an easement or right-of-way, including the right of ingress and egress thereto,
over, under, and across ten (10) feet on each side of the existing water and sewer mains now located
the vacated portion of West Spring Street and Gregg Avenue (or Street) for the purpose of constructing,
stalling, laying, relaying, relocating, and maintaining said water and sewer mains and appurtenances the.
r,