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Home My WebLink AboutOrdinance 1328 F BOON 584 PAGEW < � ids o� v ORDINANCE NO . / � < AN ORDINANCE VACATING AND ABANDONING A PART OF FARMINGTON STREET , WHICH IS SOUTH OF HIGHWAY 62 AND WEST OF BEECHWOOD AVENUE IN THE CITY OF FAYETTEVILLE , ARKANSAS . WHEREAS , a petition was duly filed with. e City 4Cuncil ofthe City of Fayetteville , Arkansas , on the ; day of 1962 , asking the City Council to vacate and abandon part - ton Street , which is South of Highway 62 and West of Beechwood Ave - nue , in the City of Fayetteville , Arkansas , and WHEREAS , after due notices as required by law , the Council has , at the time and place mentioned in the notice , heard all per - sons desiring to be heard on the question and has ascertained that the street hereinbefore 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 years subsequent to the filing of the plat ; that all the owners of the property abutting upon 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 re - leases , vacates and abandons all its rights , together with the rights of the public generally , in and to the street designated as follows : A part of Farmington Street which is South of Highway 62 and West of Beechwood Avenue in the City of Fayetteville , Arkansas , and reserving unto said City of Fayetteville , Arkansas , its succes - sors 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 here- after 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 Farmington Street , 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 relaying , relocating , and maintaining all public utilities now located , or which may here- after 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 . MICROFILMED OC DATE OCT DATT 9a 1978 REEL BUUK 584 VAGE561 2 - SECTION 2 . A copy of th@SOrdinance 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 aryl publication . PASSED AND APPROVED THIS J day of 1962 . e APPROVED : GUY E . BROWN , MAYOR ATTEST : f 1,414 °' C�EQRGE T� AVIS , CITY CLERK ' . + by . - ha4gnr , ,. CERTIFICATE OF RECORD $TATE OF ARKANSAS ) ` t 5s. j ` Washington County I, Uoyd McConnell, Circuit Clerk and Ex-Officio Recorder for Wash:ng!on County, do hereby certify that the annexed or fore. goingin + ument was filed for record in my office on ths/y.day of. . . ,tt. 44001 . . . . . . . . 194at-f clock.4. M , �a it the saem�e�a Quiy recorded Ir,}. . . . ... .. . . . . . . .. .. .fecofd . . �T�at Pa6� 40i �(f.(r,>,ess ray, 14nd ani, deal tkis�.r�dap of . . ;R.ifi£!.•: :: : . 14`,s� n rcuit Clerk and' Ex•Offico Recoder 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 theo ew "-<.& , 4/C3 , therein set forth , and the same is as it appears of Record in PROCEDURE// OF CITY COUNCIL RECORD , Volume �_ at Page/ g46 thereof . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this / day of A.946 ar++ ti 19 to ZZs City er STATE of ARKANSAS 1 _ • � Ss.County of Was 'ngton 1 ,4/Jt/aE � ______, hereby certify that I am the '-AUAf9 (manager) .(ahie1acGountafd) of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing pri_ ORDINANCE NO. 1336 vilege, and being not less than four pages of five columns each, published AN ORDINANCE VACATING AND ABANDONING A PART OF at a fixed place of business and at a fixed (daily) intervals continuously in FARMINGTON STREET. WHICHthe City Of Fayetteville, County of Washington, Arkansas, for more than IS SOUTH OF HIGHWAY 62' AND WEST OF BEEC14WOOD a period of twelve months, circulated and, distributed from an established AVENUE IN THE CITY OF FAY- ETTEVH.LE, ARKANSAS. place of business to subscribers and readers generally of all classes in the WHEREAS, a petition was duly City & County for a definate price for each copy, or a fixed price per filed with the City Council of the City of Fayetteville, Arkansas, on annum, which price was fixed at what is considered the value of the pub- the 15th day of November, 1962, asking the City lication, based upon the news value and service value it contains, that at ate ora abandon Dartt ooff to vacate Farmington Street, which is south of Highway least fifty percent of the subscribers thereto have paid cash for their sub- scriptions to the newspaper 62 and West of Beechwood Avenue, p per Or its agents OS through recognized news deal- fn the City of Fayetteville, Arkan- ers over a period of at least six months; and that the said newspaper pub- Sea, and WHEREAS, after due notice as lishers an average of more than fourty percent news matter. required by law, the Council has, At the time and place mentioned In the notice, and p all persons dee- . I further certify that the legal notice hereto attached in the matter of siring to be heard ort the question and has ascertained that the street ,.,/ hereinbefore described. has here- � —A�... iL> , _ /2 +f X hereinbefore been dedicated W the Dub- , ---------- -fGl4 l.�+ reL .rt ___ lic use as a street; has not been actually used by the public) qenerally for a period of at least five years subsequent to the filing � was published in the regular daily issue of said newspaper for ___ ______ Of the plat; that all the owners of consecutive insertions as follows: the property abutting 'Lpori th! ----- -- street to be vacated have tiletl with the Council their written coPsent / / to such abandonment, and that pub- The first insertion On the _�C________ day of _ zfr____ 19(p_ez_ lic interest and, welfare will not be adversely affected by the alie`ndoh- ment of such street, the second insertion on the da of 19___-__ NOW, THEREFORE. BE IT OR- f ___ '-------- y DAINED BY THE CITY COUNCIL THE CITY OF FAYETTE VI - day Of ________-___ 19______ V1LLE. ARKANSAS: the third insertion OR the _ N SECTION 1: The City OI , ss, ettevnle, Arkansas, hereby releases, vacates and abandons all its rights, and the fourth insertion on the _ ////_��•�r_m__'_c_ together with the rights of the ' vU public genvated s end to the street tr F designated as follows: A part ity of Farmington Street which ie ____ __ South of Highway 62 and West of Beechwood .Avenue in the City of Fayetteville. Arkansas, end re- Sworn to and subscribed before me On this da Of ------ serving _____ and as unto said Cen of Fay- iL�4geR __ � ___ y ettevnle. Arkansas. its successors ' and assigns over. comment right- of-way on, over, street and across ' ____ _ _ 19 the portion a said street hereby va- cated for the purpose construct-; Ing, installing, operating, laying -----J--� - ` �_ :and relaying, blocathg and main- - --- taming all public utilities now In. Notary Public dated or which may hereafter be ' located upon a vacated street by Ingo City, or any rporattbn hav- ing a franchise or right-o[-way . from said City, as a condition ton My Commission Expires: the closing of mid portion of Farm- ' Ington Street:' the City shall . be held free and harmless from liabil. �, / ity as to any claims of the abutting - _ �/r!Y C __ Owners for damages to the property described herein, which may re- Suit from the City or other utility Fee for Printing . . . Companies constructing. installing. �0"NIUn`, Lying and relaying, =, i locating; said mHttl fnfng ell Pub=s Proof Cost of i Hs utilities now located, or which , $ ------------ lyy hlreafter be ' located uppooa, %cated street, and furthtr: !- hltri It pltitiondre agree that they Total . . . . . . . $ �s , �tv1 refrain from altering Or chane- ) fid Z1haI@de of tho terrela. which St iR�t7tldetdds�s 8 da urge W ul htY unrs ECTiONu2 to coPY of this Ordf- � hailca :dutY certified by the CLty � Clerk reu he filed in the office of the recti}der of the county and rMorded in the deed records of the 51 coSECTION 9. This Ordinance shalt take effect and be in force from and after its passage, approval and publichtlon. PASSED AND APPROVED THIS iri AFPROVEDember, 1962. GUY E. BROWN, Mayor ATT4ST: GEORGE Jr. DAVIS. City Clark _ _ 21-1t&c