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Home My WebLink AboutOrdinance 1308 BOOK 574 FAGE221 -: � ORDINANCE NO. 1308 � C � v NEN,FILED FOR RECORD AN ORDINANCE VACATING A PORTION OF READ AVENUE BETWEEN ROCKWOOD TRAIL AND SOUTHERN AVENUE IN MOUNTAIN VIEW ADDITION TO THE CITY OF FAYETTEVILL • ARKANSAS . 1 ' 5S8 'm 17 JUL '62 WHEREAS , a petition was duly filed with the City Counclil R ig t VN Fayetteville , Arkansas , asking the City Council to vacate and abandon that pblr®V(0aM9t (Rgg9LAvenue lying between Rockwood Trail and Southern Avenue in the Mountain ViWCALT&�AN to the City of Fayetteville , Arkansas , recorded in Plat Book 100 , page 392 , 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 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 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 I . 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 Read Avenue between Rockwood Trail and Southern Avenue in Mountain View Addition to the City of Fayetteville , Arkansas ; 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 , operating ; laying and relaying , relocating , and maintaining all public utilities now located or which may hereafter be located upon said vacated street by said City , or any corporation having a franchise or right - of -way from said City , as a condition to the closing of said portion of Read Avenue , the City shall be held free and harmless from liability as to any claims of the abutting owners for damages to the property described herein , which may result from the City or other utility companies constructing , installing , operating , laying and re - laying , relocating , and maintaining all public utilities now located , or which may hereafter be located upon said vacated street , and further that the petitioners agree that they will refrain from altering or changing the grade of the terrain , which would cause damage to utility lines located in that area . SECTION 2 . A copy of this Ordinance , duly certified by the City, 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 : TEST: hAiG%OFILMEDGUY EU BROWN, MAYOR A.z DATE OCT 9 1978 GEORGE `J. DAVIS , CITY CLERK REEL CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I, GEORGE T. 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 thei yse�yc�4 # e. �p � 4,1049 therein ' set�forth , and the same is as it appears of Record in PROCEDURE OF CITY COUNCIL RECORD , Volume (3 at Page A/#11 thereof, IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this L .=amday of 19 City Cl&Fk r i I ➢ _. .r CERTIFICATE OF RECORD STATE OF ARKANSAS Washington Courty ss. I, Unyd hi, C . „ _, dlt , .., ^fficio Recorder for Washin on Co❑ . . . -S, , na annexed or fore• going ' trucient was 4, 1 •/fo.�r� . tee�' .n m ; fice in the/ 7day ¢f. * . . . . . 15N+'i�(..✓'o' : ockPh4, and the same is dwy reccr,,196 in . . . . . . . . . crd .f y, at pageca�a? VY:Hness my hand and se, y or . . . . . 1 C+erk and Ex•Offico Kecuder i . STATE •of ARKANSAS IN County of Washinton 4 ___.__________ ____, hereby certify that I so -'x am the ( ) (manager) (daioE—eesra�9larnli—vf THE NORTHWEST TAM16. -- ARKANSAS TIMES, a daily newspaper having a second class mailing pri- pVal1 vilege, and being not less than four pages of five columns each, published fl ewat a fixed place of business and at a fixed (daily) intervals continuously in city o aY a k- the City of Fayetteville, County of Washington, Arkansas, for more than ice the C:1y council in vacate and nti, ndon ,tent po•t'l^n Rr.,d AV- a period of twelve months, circulated and distributed from an eistabWlaed Into, Ielne eo'k,.... n h,,r kv-,ln,1 Trah place of business to subscribers and readers generally of all classes in the And S„n,h^rn Ae(Lnne to '' et moult. t,tn Vie., Addition i^ the Clty tit City & County for a definate price for each copy, or a fixed priceper Faranccdi°. .Ark n"`''.` `ologg�d ini annum, which rice was fixed at what is considered the value of the ub- ' Pint Rook lei: pare :192. and P P WHEFEAS. after doe notice As lication, based upon the news value and service value it contains, that at required by lav'. the coo onmeil has, at the time and rt,,re eneri• least fifty percent of the subscribers thereto have paid cash for their sub- tinned in the notice heard nu pen scriptions to the newspaper or its agents or through recognized news deal- sons desiring to he heard on the' gnestinh and hes AscotI ll)- d that ers over a period of at least six months; and that the said newspaper pulp the Portion of the s roll It rein. above described tin= iip, e,ofore lishers an average of more than fourty percent news matter. been dedicated In the public use as A street: bas not been :uLtjtnlb' used I further certify that the legal notice hereto attached in, the matter of by the public generally for a pe- rind of at Is at five 151 years sub- sequent to �. fRtn` ppIt the plat: that all of 0 5fC�1he prop- .�``�-"-�'"1 � _ -__L_ O� t ___________________ ____-__ .- ertY +butt, Ytt }tV on O ea ' street fib, lr�'' ted have fwrittiled ell , _ ago their _____.__ ment +biedo^- was published in the regular dart issue of said newspaper for ___ _ meek att�I lgtet�ai and all Y ---- fwelfar ted , it 1- aaff+a+N1> . at- Cpppgeyj}yrg insertioro as follows: /ectad .b�'.the ptt NON. - BE TOR- I DAINED BY CovNrn . / or THE CITY OF AY TT%',- r The first insertion on the _../ day ofAz- __ 1912E ARKANSAS: ------- SECITON 1. TWt&M of Fi% o` o- Iville. Arkansas. hereby releases, the second insertion on the .___ ._ __--____ day of vacates. and'gbkttdool its rights, ------------ 19------ 1 together with the y4 o1 the pub . 111c �eneratlb •L11:1k �Y(iiuo all that , , Rockw000 THHaeld..AvE no betweethe thud insertion on the --- ------------- day of ______--__ 19______ Av- enueail eris in Motmtain View Addition to the city of rayattav,lle. Arkan- and the fourth insertion on the ____ da _ f sas; reserving unto $aid City of jLj - ' --- --- 1'9 ----- Fayetteville. Arkareae, file succes- sors and assigns an easement or , ' right of waY on, over. under, and _______ ____i_______-_ --------- across the portion of said street hereby vacated for the purpose of constructing, operating. insiauinr.. Sworn to and subscribed before me on this _ laying and relaying, relocating. - 1 ---- day day OY ______ and maintaining all public utilities now locatbd or ewhich may here- after be located upon said vacater, _____________ 19 41j,�_Z street byv seta FCityran hi eny corpora- tion horn mil franchise or right of way from sold City, and as a con- ditlon to the closing of said por- tion of Rekd Avenue. the City shell Notary Public be held free and harmless from iia- bility as to any claims of the shut- ting owners for damages to the ! property described herein, which may result from the City or ntherl My Commission Expires: utility Companies Constructing. op- erating, . fmlalhng, laying and re- 1ayiAg, relocating. and maintaining ' C rtlmission Esplres March 20, 1966 all public utfpNes now located or MY Q______________________________ which may hereafter be located ,. upon said vacated street, and fur- I Sher that the petitioners agree that Fee for Printing . . . $ 6 they, wift refrain from altering or , changing the grade of the terrain, whic would cause damage to Wili- ty fines located in that area. Cost of Proof . . . . . $ _-__-_______ SECTION 2. A copy of the Ord- nance. duly certified by the City Clerk, shall be filed in the office Total . $ ! __ of the Recorder of the County. and ' recorded in the Deed Records of the County. SECTION 3. This Ordinance shall take effect and he in force from and after its passage, approval, and publication. PASSED AND APPROVED this 9th day of July, 1982. APPROVED: GUY E. BROWN, Mayor ATTEST: GEORGE J. DAVIS. City Clerk 12-It-c