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HomeMy WebLinkAboutOrdinance 1222 3} / GUUK 533 33 ..c COiii? ORDINANCE N0 . y % svlrcrord ecus;y AN ORDINANCE VACATING THAT PORTION OF COMPANY STREET BETWE IN STREET AND ASSEMBLY ' . DRIVE IN MT. VIEW ADDITION TO THE CITY OF FAYETTEVILLE, AR= 2 ori PM 1959 WHEREAS, a petition was duly filed with the City CouncilLLQ a City of Fayetteville , Arkansas , on the 17th day of November, 19599 asking the City C ��;o'r�Cate and abandon all that portion of Company Street between Pallia Street and Ass's iit]J�ifve in Mt. View Addition to the City of Fayetteville, Arkansas, and WHEREAS, after due notice as required by law, the City Council has , at the time ad place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained that the portion of the street hereinabove described has heretofore been dedicated to the public use as a street; has not been actually used by the public generally for a period of at least five ( 5 ) years subsequent to the filing of the plat ; that all of the owners of the property abutting on the portion of said street sought to be vacated have filed with the City Council c@ their written consent to said abandon- ment; and that public interest and welfare will not be adversely affected by the abandonment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 : The City of Fayetteville, Arkansas, hereby releases, vacates and abandons all irs"E'gTt, together with the rights of the public generally, in and to all that portion of Company Street between Fallin Street and Assembly Drive in Mt . View Addition to the City of Fayetteville, Arkansas ; reserving unto said City of' Fayettevdlle, Arkansas, its successors and assigns an easement or right of way on, over, under and across the portion of said street hereby vacated for the purpose of constructing, installing, laying and relaying, relocating and maintaining all public utilities now located or which mW hereafter be located upon said vacated alley and street by said City .or any corporation having a franchise or right of way from said City, Section 21 A copy of the Ordinance, duly certified by the City Clerk shall be filed nit a oTfice of the Recorder of the County, and recorded in the Deed records of the County. Section 3 : This Ordinance shall take effect and be in force from and after its passage .l Arid . approval . ' PASSED AND APPROVED THIS DAY OF DECEMBER, 1959 . APPROVED : ATTEST : J. AUSTIN PARISH, MAYOR GEORGE9, CITY CLERK i= r rf w MiC;�GF!(gq C-A TE 04 "• b :gIIPili , ORDINANCE: NO. 1222 AN ORDINANCE,' V A C A T I N GI I' THAT - PORTION OF COM' PANYSTRCElJ!e 'iBETWEEN( FALLIN STREET 'ANDASSEM- BLY DRIVE IN MT. VIEW AD- DITION TO ITE CITY OR FAY- , q , ETTEIRLLEtt%�' ANSAS . WHEREAS; - .petition was 'duly filed with the City Council of. the City of Fayetteville; Arkansas, or}11t the 17th day of 'November, '. 1959.� asking -then City Council to vacate and abandon all that ; portion of -� Company Street - between Fallin• Street .and Assembly. Drive in Mt. ' 4 View Addition .to .,the ,City of 1 Fayetleville; ,Arkansae, and - WHEREAS, after due notice ,as required bylow,.. the- City Counefl has, at the time and, place ,' men- - - tioned In the notice: heard all + perwhs ' dashing to be, Ileard on I LEGAL NOTICE the question and' has mcerta'ned that theportion of the street here- inabove described has heretofore been dedicated to the public ;use as a street; hag not- been actually used by- the public generally for a , period of at least five (5) years subse- i quent to, the filing of the plat: that all Of- the ownere of the prop- ertyabutting on the portion of said street sought to be vacated have filed with the .City Council their written consent to 8aldil ' abandonment; and that public in- terest' and welfare 'will .not be ad- versely affected .-by the abandon. � ment;, NOW. THEREFORE. ' BE TT ORDAINED BY 'THE CITY COLJN- ( CIL OF THE CITY OF FAYETTE- 7 VILLE. ARKANSAS: ` SECTION 11. The City of Fay- ' etteville, Arkansas, hereby ' re- j leases, vacates and abandons all its right- together with the rights of -the . public generally, in and W all ; that portion Of Company { Street between Fallin Street and Assembly' Drive in Mt. View Addi- tibn to ,the City of Fayetteville. - Arkansas; reserving unto said City mof Fayetteville, ' Arkansas. its 'suc- cessors and assigns an easement Nor right of way on, over, under and s, across the portion of said street .� hereby vacated £or •the purpose of i constructing. - installing, la ng S and .telaying, relocating and main- taining allpublic utilities now located or soh��1s`hh may hereaftert be' lotated uponCaM .rYaca 'r alley;� 'and treet by %at 1tv or any% corpora tion .having a .franchise or , tight of; way from said City. . SECTION 2. A copy Of the Or- dinance, duly certified bv :the City ,Clerk 'sball he. filed in the office of the Recorder. of the-0ounty, ands recorderi in the Deed , records of the County. N SECTION 3. This Ordinance shall take, ef£eet and be in -force from and after iia passage and approval. `PASSED AND APPROVED this l 21st do , f 'December, 1950. ? _ . APPROVED[ I' ,� 1 S. AUSTIN PARISH, Mayor ATTEST:' o t GEORGE T. DAV7S, 11ylt-c CihS,Clerk kVUK 533 237 STATE OF ARKANSAS CITY OF FAYETTEVILLE 1 . GEORGE J . DAVIS, City Clerk within .and for the City of . ,vette,ille „ Arkansas , do hereby certify thO the annexed and yoargooi}nngg-is a true and correct copy of tht► 00,4ft / F�, �oZo2o2 therein oet forth, and the uture is as it sp((petags of Record in Les M�_( Record , Volume f at page 'ther, eof. IN WITNESS y7HEREOF;, i h:sve hetetmto aet My hand and affixed my official seal on this dry of � r 195 FkYETT'1 - Ile fCkC6u'.tt� e "jrhnrtrwutn`` CERTIFICATE OF RECORD -STATE OF ARKANSAS Washington County t ss. I, Lloyd McConnell, Circu;t Clerk and Ex-Officio Recorder for - Washington County, do hereby certify . that the,. annexed or fore- goin iinsotruument was filed effo�r re d in my office on th4.9day . . . . . . . 19Y7- at;!#7yvclock m_ fW, and the same is duly recorded in -r•; - record C:51 at page Y6 Witness my hand and seal th 42 day;of .ems- . • • - - - 19Jr> CPO Circuit Clerk and ; Ex-Offico Recoder