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Home My WebLink AboutOrdinance 1313 np t� BOOK 575 PAGE208 ORDINANCE NO. 1313 FILED F0 A ftEGORU AN ORDINANCE VACATING AND ABANDONING A PORTION OF GREGG STREET LYING BETWEEN HIGHWAY 62 AND THE ST . LOUIS- SAN FRANCISCO SPUR , FAY%T% YYU2LE , ARKANSAS Ic @tf:SHJd %, 00 Cpt1PITY WHEREAS , a petition was duly filed with the City Council of the CifyNof F ?yetteville , Arkansas , on the 23rd day of July , 1962 , asking the City Council to vachl IYYIaaan all that portion of the street designated as follows : A portion of Gregg Street lying between Blocks Twenty- one ( 21 ) and Twenty- three ( 23 ) of Ferguson' s Addition to the City of Fayette ville , Arkansas , lying South of the South right- of- way Line of Highway 62 and North of the North right- of- way line of the St . Louis - San Francisco Spur 914D WHEREAS , after due notice as required by law , the 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 street or the portion thereof, hereinbefore described, has heretofore been dedicated to the public use as a street herein described; has not been actually used by the public generally for a period of at least five years subsequent to the filing of the plat; that all the owners of the property abutting upon the portion of the street to be vacated have filed with the Council their written consent to such abandonment ; and that public interest and welfare will not be adversely affected by the abandonment of such 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 rights , together with the rights of the public generally , in and to the street designated as follows : A portion of Gregg Street lying between Blocks Twenty- one ( 21 ) and Twenty- three ( 23 ) of Ferguson ' s Addition to the City of Fayetteville , Arkansas , lyingSouth of the South right- of- way line of Highway 62 and North of the North right- of- way of the St : Louis - San Francisco Spur , 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 . That because the passage of this Ordinance is necessary for the pre - servation of the public health , peace , and safety , an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after its passage , approval and publication . PASSED AND APPROVED this 21st day of August , 1962 . APPROVED: GUY r, BROWN, MAYOR ATTEST : A lvliCROFILMEp GEORGZJJ, IVIS , CITY CLERK DATE OCT 9 REEL I X78 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 the r therein set forth , and the same is as it appears of Record in PROCEDURE OF CITY COUNCIL RECORD , Volume �' _ at Page Js g/ thereof . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this ata ?�dday of 19 6 City r CERTIFICATE OF RECORD STATE OF ARKANSAS - ss. Washington County I, Gryd MCC�nne:i. Circuit Clerk and Ex-Officio Recorder for Wesh nq no Gcu :ty, do hereby c, rvify that Uig annexed or fore. pine instrument was filed for rec �a m � my a five on sha2rday of. .�^^�-�a.wn� . 194?Latff o'oockQM, and the same is duty reaoruad in . 0,�-. . . . . recort! 97 77 S . at pagge.e2� d WitnOss Iffy hand and seal thio.2.day of . .`�5�4�/ Circuit Clerk and Ex-Offico Recoder 22 }- I lu ,3 W Z4 zz + 23 zr 2 l G 3 W � LJ V 20 1 - 18 s 6 ►, ' J r ►a 8 O 3 9 ' 9Ja State Highway 6 OP I, I z 7 W 13 ` li tee ' � t� • Ig P" ` " g 1 /4 ; I. � � r 5 . 14 . 9 K IS u grisao gpvir.. ' C.oi � fied tri c .Py of P cf s�rr `riq B( r. c4s 21 and Pt . B.Cor 2l Fs dLs.^. s Add: 0ic - t_ CLOY cf Fcyett� . � l e. G ' ' A. kaescs . GRFER ABS PJtC? COMPAn `� - — . - - Bye STATE of ARKANSAS County of Washa& I, ------I-----------------_r__\__- - hereby certify that 1 am the (edker) (manager) (ekia 0 of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing pri- - --- vilege, and being not less than four pages of five columns each, published ORDIN CE V NO. 1317 at a fixed place of business and at a fixed (daily) intervals continuous AN ANI%ppANCE VACATING AND Y continuously m ABANDbNING A PORTION OF the City of Fayetteville, County of Washington, Arkansas', for more than GREGG STREET LYING BE. TWEEN HIGHWAY 62 AND THE a period of twelve months, circulated and, distributed from an established ST. LOUIS - SAN FRANCISCO SPUR. FA EVIAR- Place of business to subscribers and readers generally Of all Classes 1R She xANSAs. City & County for a definate price for each copy, or a fixed price per WHEREAS, a petition was duly filed with the City Council.of the a"Urn, which price was fixed at what is considered the value of the pub- City of Fayetteville. Arkansas. on lication, based upon the news value and service value it contanns, that at the 23rd day of July. 1962, asking the City Council to vacate and least fifty percent of the subscribers thereto have paid cash for their sub- abandon all that portion of the street designated as follows: A por- scriptions to the newspaper or its agents or through recognized news deal- tion of Gregg street lying between ers over a period of at least six months; and that the said newspaper pub- Blocks Twenty-one I21) and Twen- ty-three (23) of Ferguson's Addition lishers an average of more than fourty percent news matter. to the City of Fayetteville, Arkan- sas, lying South of the South right. I further certify that of-way Line of Highway fit and Y the legal notice hereto attached in the matter of North of the North right-of-way �7 line M the SL Louis-San San Francisco �� L- _ Spur. and L/! ✓✓, WHEREAS, after due notice as --------------- �- the tree by law. the council has, at the time and place mentioned in the notice. heard all persons n and has to ascertained heard on the question and was published in the regular daily issue of said newspaper for ____! has Portion thereof, that the street ror e insertions as follows: the portion thereof, hereinbefore ----- - described, has heretofore been dedi- cated here- in to the public as a street tledire- in described: has not been actually The first insertion on the ------- (p//day of ____ 19 _.f used by the public generally for a period of at least five years subse- alletheo ownersofoft the he plan they the second insertion on the .-__ _ ________ da of 19 ------ abuttingupon the property the Y D portion o[ the street So be vacated have tiled with the Council their written consent to the third insertion on the _ day of ____________ 19____ such abandonment: and that public Interest, and welfare will not be. edVRiely affected by the abandon- WWn pt such street: and the fourth insertion on the _____qTHEREFORE. BE IT OR-DOD BY THE CITY COUNCILCTrO SAS: OF FAYETTEVILLE --.--- --�_------ ---------------- SECTION 1. The City of Fayette- vacates,Arkansas. and abandons ail itserights, 1 Sworn to and subscribed before me on this g .�------ day of ---- together with the rights of the pub- lic generally. f Sanow A the street designated at follows: A portion of 19 Gregg Street lying between Blocks-three ---------1�0 ------------ (23) of Ferguson'sone ( and Twenty-three Q Cit o[ F area viAddition as the `\T�rY�•„y-`.,` City of Fayetteville. Arkansas, ]y- Ezt linSouth of the South right-of-way Rhe of Highway 62 and North oil Notary Public the North right-of-way ofthe St. ! Lo Cn Francisco Spurr. SECTION 2. copy theOrdi- nance y nance duly certified b Cit tified by the City Clerk shall be filed in the Office of , My COmmiSS10R EXp1I0S: the Recorder of the Countand recorded in the Deed Records of the County. My C ------ -- Expir----- ra March 2Q 196(1 SECTION3. That because the - ------------------------------- passage of this Ordinance is neces- sary for the preservation of the J / public health, peace, and safety, an Fee for Printing . . . $ Y� emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and (Jost Of Proal after its passage, approval and pub- lication. PASSED AND APPROVED this 21st day of August, 1962. Total . . . . . . . $ LL-_ APPROVED' GUY E. BROWN, Mayor ATTEST: GEORGE J. DAVIS, Cn3 Clerk 2.3-1t