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HomeMy WebLinkAboutOrdinance 1252 J • 1 I - :; = BUUN 548 173 ORDINANCE N0. !, C AN ORDINANCE VACATING THAT PORTION OF WALNUT AVENUE LYING BIMMN;THExSO.UTH LINE OF SUTTON STREET AND THE NORTH . LINE OF THAT. PORTION OF . WALNUT CSTREET-LEERETOFORE VACATED BY ORDER OF THE CHANCERY COURT OF WASHINGTON COUNTY, . ARKANSAS, IN. THE CITY OF FAYETTEVILLE, ARKANSAS WHEREAS, a petition was duly filed with the City Council of the City of Fayetteville, Arkansas , on the 24th day of October, 1960, asking the City Council to vacate and abandon that portion of Walnut Avenue lying between the South line of Sutton Street and the North line of that portion of Walnut Street heretofore vacated by order of the Chancery Court of Washington County, Arkansas, in the City of Fayetteville, Arkansas , and WHEREAS, after due notices as required by law, the City Council has, at the time and 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 des- cribed 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 abut- ting on the portion of said street sought to be vacated 4ave filed with the City Council their written consent to said abandonment; and that public interest and welfare will not he adversely affected by the abandonment of said street . 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 its right, together with the rights of the public generally, in and to that portion of Walnut Avenue lying between the South line of Sutton Street and the North line of that portion of Walnut Street heretofore vacated by Order of the Chancery Court of Washington County, Arkansas , in the City of Fayetteville, Arkansas , reserging unto said City of Fayetteville.. Arkansas , its successors and assigns an easement or right of way on, over, under and across the portion of said street hereby I • vacated for the purpose of constructing, installing, laying, and relaying, relocating and maintaining all public utilities now located or which may hereafter be located upon said vacated alley by said City or any corporation having a franchise or right of way from said City. SECTION 2 : A copy of this Ordinance daily 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 M"CROFILME0 DATE OCT 9 LQ78 4* REED r Inge #2 174 Ordinance SECTION 3 : This Ordinance shall take effect and be in full force from ani after its passage. PASSED AND APPROVED THIS �� DAY OF , 1960• o - FAYfr01 GUY . BROWN, Ikyor jr GEORGEVJ. VISj City Clerk STATE OF ARKANSAS CITY OF FAYETTEVILLE I , GEOME J . DAVIS , City Clerk within and for the City of Fayetteville , Arkansas , do hereby certify that the annexed and foregoing is a true and correct copy of the Ordinance No . 1252 therein set forth, and the same is as it appears of Record in PROCEDURE OF CITY COUNCIL Record , Volume G at page 40 thereof . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal on this 30th day of November, 1960 . •�'0� fAff�r'1... � UeorwivDavis , y er ✓r • � ` T /l. rllglla Y r CERTIFICATE OF RECORD STATE OF ARKANSAS1 ss• Washington County f e I, Lloyd McConnell• Circuit Clerk and Ex•Officio Retarder for Washington County, do hereby certify that the annexed or fore. gol Instrument was filed for record,�n my office on the . .l.day of, . Si, , , , , clock O.M/ /a7nd the same IS duly recorded In . • • re co rd .�.'F d. . atpage. •. Witness my hand and seal this Z day of • •• • • • e Ci: nit Clerk and Ex-0tt,co :Yccodar