HomeMy WebLinkAboutOrdinance 1306 BDOK 574 PAGE222 . SC •
ORDINANCE NO'.. 1306 �q
�� FILED FOR RECORD ' G �� � �
AN ORDINANCE� VACATING A PORTION OF AN ALLEY LOCATED IN BLOCK TWENTY -
ONE OF FERGUSON ' S ADDITION TO THE CITY OF FAYETTEVILLE , ARKANSAS .
1 : 58 Pm 17 JUL 062
WHEREAS , a petition was duly filed with the City Council o> > L 1 f tt� �y of
Arkansas , asking the City Council to vacate and abandon the Fayetteville ,
PHRS Ur.
o'k OS% an alley located
in Block Twenty - One of Ferguson ' s Addition to the City of FLaWWgjMNE41kansas , lying
between Lots Five through Nine ( 5 - 9 ) on the East and Lots TWAA;CWi Fourteen ( 10 - 14)
on the West, running from the South line of the Sixth Street Right- of- Way to the St . Louis -
San Francisco Railway Right- of- Way, and
WHEREAS , after due notice 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 alley hereinabove described has heretofore been
dedicated to the public use as an alley; 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 their written consent to said abandonment ; 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 its rights , together with the rights of the public generally , in and to all that
portion of an alley located in Block Twenty- One of Ferguson ' s Addition to the City of
Fayetteville , Arkansas , lying between Lots Five through Nin ( 5 - 9 ) on the East and Lots Ten
through Fourteen ( 10 - 14) on the West , running from the South line of the Sixth Street Right -
of- way to the St . Louis - San Francisco Railway Right- of- way; reserving 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 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 the 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 .
SECTION 3 . This Ordinance shall take effect and be in force from and after its
passage , approval , and publication .
PASSED AND APPROVED this 9th day of July , 1962 . .
APPROVED :
}, u,1
GUY IV BROWN, MAYOR
TTEST .
yp 1918
GEOR&7E J AVIS , CITY CLERK - Dora
REEF
CERTIFICATE
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
I, GEORGE 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 thenjg a� �
4 therein set forth , and
the same is as it appears of Record in PROCEDURE OF CITY
COUNCIL RECORD , Volume G at Page /46zthereof,
IN WITNESS WHEREOF , I have hereunto set
my hand and affixed my official seal this
X4day of 19
City C er /
r
, r .
ss
i
• r . . , ._ _ _ _ .-_. . ... -- - _ . . � pgarte �
CERTIFICATE OF RECORD
STATE OF ARKANSAS ss
Washingron +:cuatV
is t cyd MnC ,nra . ^, rcna • ••k an -; �x-')`ficin Recorder for
:,� annez,•.d or fore•
in rn r . fic2 "n :ha�7day
goim strumer.t vvs �'•i or • -'�,Key AA
of . . . 134AI5 _. ; ck(. Iv1 , and the same is
�in . . . . . t� `/ at Pag
duly recr din . . . . . . . . . _ . . . . . .rJry :-rd o.' Y' e'�•TJ�"tI
Witness my hand and se: .�„ d= Y of - - - - iGt{
intuit Clerk and
Ex.Oftico Recoder
STATE of ARKANSAS 1
County •oCf`' Wv/.a' shin 1 as.
!£
g
__________________, hereby certify that I
am the (oiHEr) (manager) (ehiefiweeewAbtantl of THE NORTHWEST
ORDINANCE NO. 1306 ARKANSAS TIMES, a daily newspaper having a second class mailing pri_
AN ORDINANCE VACATING A g g pages published
PORTION OF AN ALLEY LO- vile e, and being not less than four a es of five columns each,
CATED IN BLOCK TWENTY-ONE at a fixed place of business and at a fixed (daily) intervals continuously in
OF FERGUSON'S ADDITION TO
THE CITY OF FAYETTEVILLE, the City of Fayetteville, County of Washington, Arkansas', for more than
ARKANSAS.
WHEREAS,S
EAS,, petition was duly a- a period of twelve months, circulated and; distributed from an establishedW ,
filed with the ORY Council of the place of business to subscribers and readers generally of all classes in the
City of Fayetteville. Arkansas, ask-
ing dhe city ccannu to vacate and City & County for a definate price for each copy, or a fixed price per
abandon Bloc Twenty-One
of an alley er- annum, which price was fixed at what is considered the value of the ub-
- cated n Block Twenty-One of Fer- P
' gusons Addition to the City of lication, based upon the news value and service value it contains, that at
Fayetteville, Arkansas, lying be-
tween lots Five through Nine (5-91 least fifty percent of the subscribers thereto have paid cash for their sub-
on the East and lots Ten through scription5 to the newspaper or its agents or through recognized news deal-
Fourteen (10-36) on the West, run-
ning from the South line of the ers over a period of at least six months; and that the said newspaper pub-
Sixth street Right-of-war to the lishers an average of more than fourt
St. Lois-San Francisco Halfway g y percent news matter.
Right-of-wayand I further certify legal
WHEREAS, after due notice as Y that the le 1 notice hereto attached in the matter of
required by law, the City Council
has, at the time and place men-
tioned in
the notice, heard aallper-
sons desiring to be heard on thee ---------------
question and has ascertained that
the portion of the alley herein-
above described has heretofore
been dedicated to the public use was published in the regular daily issue of said newspaper for ___
as an alley: has not been actually
used by the public -sembect>¢ipo--insertion as follows:
psugenerally for
a period of to leeast five (5)
Years
subsequent h the filing of the plat;
that all t the owners of the prop- The first ltlSertlOn OR the _J ______ day Of _ _ __ 19_ •s
said abutting on the portion of -2
said street sought to be vacated
have Cued cement the city Councilthe second insertion on the ___ .___
their writtenn coroent to said aban,an. ______ day Of 19
donment: and tUit Wb,LtC-. lntere
and welfare 9di I AbF Idbetaely
affected by Yhe' aban t. _ y ------------ 19
NOW. TfiE13EFORE.' IT OR- the thud Insertion on the _ da of
DAI , AY THE CIP 'y�"IOlUN<'.IL
OF THE CITY O£.FAYM'�tVII.Is,
ARKANSAS: �" and the fourth insertion on the __ _ � [lay of
SECTION
1. The ereb pf Fayette ; I /1
villa, Arkansas, ons al releasee. v 1
vacates. and abandons all Its rights,
together with the rights of the puh- --'--- --------------------------------
tic generally, in and to All that por-
tion of an alley located .in' Block �,(
Twenty-One of Ferguson's Addi Sworn to and subscribed before me on this _u+ ____ day of
tion to the City of Fayetteville,
Arkansas. lying between lots Five
through Nine (5-9) on the East and ----- 19 1/ '
lots Ten through Fourteen (10.111
on the West, running from the
South line of the Sixth Street Right-
of-way to the St. Louts-San Fran- _
> lt Q
cisco Railway Right-of-way; -------------Notary -- ---__�------
serving unto said City a ors and Notar Public
rise,lTe, Arkansas, its successors rig and
assigns an easement or right-of-
way
the Way On, of
under, and serosa tae
portion of sa[d street hereby va-
cated for the purpose n construct- Y Expires:
Ing, instalating.tlna laying and relaying.
relocating. and maintaining all
public utilities now located or 0AY COmmfasion Expires MarC_h_2 Q�fggg
which may hereafter bey wadi
Open said vacated cby i
City oany corporationion havingg aa rJC[
franchise or right-of-way from said Fee for Printing $
City.
SECTION 2nance . A copy of the
Clerk, shall
duly bertfi'led in the City , Cost Of Proof . . . . . $ ____________
Clerk, shall be filed in the y and
re the dInt Recorder of the County and
recorded in the Deed records of the /
County. Total . . . . . . . $ ! _
norshall
s for
take effect and be ice from
SECTION 3. This Ordinance
and after its passage, approval, and
publiention.
PASSED AND APPROVED this
9th tley of July, 1962.
APPROVED'
GUY E. BROWN, Mayor
ATTEST:
GEORGE J. DAVIS,
City Clerk 12-0t-c
