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Home My WebLink AboutOrdinance 1335 BOOK 509 PAGE130 ' ORDINANCE NO. 1335 ct1��°` n�15A5 AN ORDINANCE VACATING AND ABANDONING ROSELAWN STREET , LYING II�� HAMMOND"S ADDITION TO THE CITY OF FAYETTEVILLE, ARP:$ 0 WHEREAS, a petition was duly filed with the City Council of the City of aAle , Arkansas , on the 11th day of February , 1963 , asking the City Council to V•8@�@\ia�i abandon all that portion of the street designated as follows : Roselawn Streei, vying in Hammond' s Addition to the City of Fayetteville , Arkansas , which is bounded to the North by Holly Street , on the East by Woolsey Street , and on the West by Shady Street . 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 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 aA. 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 of said street . NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SLCTION 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 : Roselawn Street lying in Hammond' s Addition to the City of I'ayetteville , Arkansas , which is bounded to the North by Holly Street , on the East by Woolsey Street , and on the West by Shady Street, reserving unto said City of Fayetteville , Arkansas , its successors and assigns , an easement or right- of- way on, over , under and across the said street hereby vacated for the purpose of constructing , installing , laying a* .d 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 , without recourse by the owner , owners , or' occupants for damages incurred by the construction or maintenance of said utilities . 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 be in force and effect from and after its passage , approval and publication . PASSED AND APPROVED THIS 25th day of February, 1963 : APPROVED: GUY BROWNYOR ATTEST : nufp qz c.o GEORGE J DATECT 9 AVIS , CITY CLERK ;wiC�.UFILDMED 1976 REEL BOOK 589 MUM 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 c 0 foregoing is a trues and correct copy of th g /I therein set forth , and the same is as it appears of Record in PROCEDURE OF CITY COUNCIL RECORD , Volume �_ at Page thereof. IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal thiis j� day of 19 [/0• City Cly Cr- T % Fi " AT —� OF R7CORD STATE CF AKM4S. •S t ss. Wa=h n7 i n - curly f I, L ' yd M.C "*oe; i, C;rcu'rt !aerk and Ex-Officio Recorder for Wash n" ori Cod . tv, do hareby c_rofy tint rhe annex^d or fore• going instrumd/ ent was filed for recormv o f;ca on he . day J�9.r,d tha sake 6 of . . .4( . . > �3�t .iOoa ��k . w� � . duly recorded in .Ci�. .-�.+� '• • • record . . . . . . . . . . at P-Ee . . . . . . Witness my hand and seAEX-Cttjco y of •7.YJatiil cuit Clerk and Recoder ' r � STATE of ARKANSAS as. County of Washington OROINANC6 NO. U I -------I------------ ----, hereby certify that I AN ORDINANCE VACATJNG AND th" - _ ABANDONING ROSELAWN am manager) $hies-accoucltaelH of THE NORTHWEST STREET LYING IN HAMMOND'S ARKANSAS TIMES, a daily newspaper having a second class mailing pri- LTTEVION TO THE CITY OF FAY-' vilege, and being not less than four pages of five columns each, published ET HERE E. ARKANSAS WHEREAS, a City council was duly ' at a fixed place of business and at a fixed (daily) intervals continuously in City of with th Fayetteville.City Council of the , the City of Fayetteville, County of Washington, Arkansas, for more than the 11th daf Febran":Arkansas. 96, "it abandon city council to vacate aof the a period of twelve months, circulated and' distributed from an established aallatha as follows: Rose- at place of business to subscribers and readers generally of all classes in the lawn Street lying in Rammond's City & County for a definate price for each copy, or a fixed priceper Addition to the City of Fayette- annum, which price was fixed at what is considered the value of the pub- toVille.the Arkansan. H which r bounded ligation, based upon the news value and service value it contains, that at to the North se Holly Street, on the West by Woolsey Street.' and on the . y p paid Nash for their sub- went byy snaeY� Street. � least flit percent of the subscribers thereto have WHI EAS, after due notices as scriptions to the newspaper or its agents or through recognized news deal- required by law, the City council a over has, at the time and place men- ', ars period of at least six months; and that the said newspaper pub- • tioned in therinnotice.notice. heard all per- . - lishers an average of more than fourty percent news matter. question land has be ertheaen d ton hat the portion of the street herein- ' I further certify that the legal notice hereto attached in the matter of above described has heretofore been dedicated to the public ase as a street: has not been actually used by the puble generally for a period of at least five (5) Yearn aaequ¢nt to the filing of plat: that all of the owners of thee p property abutting on the portion of acid street-sought was published in the regular daily issue of said newspaper for ___�____ to be vacated have filed withlbe City council theirowritten co nt insertions as follows: to, said abandonment: and that public interest and`.welfare,Will not // be adversely affected by the aban• The first insertion on the _-Z-A---- day of 4�, mW'_:i, ,donment of said street. FfOW TBEREFORE. BE IT OR- DAINED SY THE CITY COUNCIL the second insertion on the ______ day of 19______ OF " OF FAYETTEVH.LE,' ___ .___ ___________ ARRANSAS: SECTION 1. That , City of Fay- the third insertion On the ____.___.__ ------ leases llc. Ates and hereby re- day Of _____ ____________ ieases, vacates. er abandons all its rights, together with the rights of the public generally. In and to and the fourth insertion on the ___________ da of __ 19_ the street designated as follows: Y Rmelawn Street lying in Ram- /� n Fayetteville, Addition to the hilt' of ( ]r m,,`L La -_A _ II --- Feyettevllle, Arkansas, which is ----_- l.l+ --------- bounded to the North by Holly Street, on the East by Woalsay Street, and on the west by Shady Sworn to and subscribed before me on this __Q da of ______ Strec L, reserving unto said City of ------ Y Fayetteville. Arkansas, its succes- sorn and assigns, an over,easement or and 19' across the on, ________ �_____._—_._ across the Haid street hereby va- Q cele orrt�e Purpose of construct- hg stalling:.laJJli''ng and relaying. relort� '� dad meintaining all Pub. ------------- C __ __ ________ _ lYa %Ljpijs, how located - qn whet NotaryPublic Raw herea[Ear tx located, Upon said , LEGAL NOTICES . �ra%1eapptrmt „¢r said OtY Tb any M C fission Expires: corpoiattdn Having a fretchiae or Y right-of•way from said City, with- ' ' out recourse by the owner, owners.or occupants for : f mid utilities. A copy of the Ord1- --- .... -lE_ l0 6 ' b the construction or damages oIntenanceJ- /''7� Hance duly certified by the City Fee for Printing . . $ _1_5 ci -rk shall be iled in the office recortl d Ino the iDaedhRecords ofathe Cost of Proof . . . . . $ ---------- county. _County. SECTION 3, This Ordinance dhall be in force and effect from endd Total . $ _/ ' after its Passage, app publication. PASSED AND APPROVED THIS ' 25tb day of February. 1963. APPROVED: GUY E', BROWN. MAYOR ATTEST: GEORGE J, DAVIS, g_14c city Clerk "