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HomeMy WebLinkAboutOrdinance 1350 BOOK 594 PAGE123 • sa FILED FOR RECORD ORDINANCE NO, 1350 AN ORDINANCE VACATING AND ABANDONING EDGEWOOD STREET LYING WEST OF GREGG AVENUE AND NORTH OF PROSPECT STREET, IN T46M&UbElau11 7;1$TION TO THE CITY OF FAYETTEVILLE , ARKANSAS WASHINGTON COWITY, ARK. WHEREAS , a petition was duly filed with the City C66Q�A J'6f 'evG"YyLof Fayetteville , Arkansas , on the 29th day of March , 1963 , by Lois Ci .. 00Gwic*um , F. F. Stice and Charlotte A. Stice , husband and wife , asking the City Council to vacate and abandon all of the street designated as follows : All of Edgewood Street lying West of Gregg Avenue and North of Prospect Street , said street being situated in the Mitchell Addition of the City of Fayetteville , Arkansas , and 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 , 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 releases , vacates and abandons all its rights , together with the rights of the public generally, in and to Edgewood Street lying West of Gregg Avenue and North of Prospect Street in the Mitchell 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 South twenty feet 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 here - after 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 Council 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 27th day of May, 1963 , APPROVED : r . a� r-X - 1lGf ' GUY E . BROWN, MAYOR ESTr: '' •.. :..: t : MiCROoCT 9� 1918 DATE GEORGE J. DAeVIICITY CLERK REEL � BOOK 594 PAGE124 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 therein set forth , and the same is as it appears of Record in PROCEDURE OF CITY COUNCIL RECORD , Volume `j' at Page loge_ thereof . IN WITNESS WHEREOF , I have hereunto set • my hand and affixed my official seal this ��day of �1 `ts� 19 . ?a 4 ,:"" City Cl'e'rk' 0 x P ' Can n cr m .�ttti CERT6FIGATE1OF RECORD STATE OF ARKANSAS 1 as. WashingtonCcunty ) corder far I, Lloyd McC ' ^na, Circuit Clerk and1EE oerannexed or forcer WaShington Cott �,. ngrebY certify office on tho. .dayy ggmginstrumedt Nkag GI`. �pr record in mY and the same b QAA. �r„ ecord . . . T9 �•atpage./wZ.3 '1BIto . A . 19.83 duly recordtY- � � �daY of .��r' priessMYlpandandAealt is J• �C � and ,• • .Wijgo Recodef STATE of ARKANSAS 1 County of Washington I as. I, C' �t :tt_� _ 8 -- ---- hereby hereby certify that I am th (�) (man ger) ) of THE NORTHWEST ARK SAS TIMES, a daily newspaper having a second class mailing pri- ORDINANOR No. 1350 vilege, and being not less than four pages of five columns each, published AN ORDINANCE VACATING AND at a fixed place of business and at a- fixed (daily) intervals continuously in ABANDONING E D.GE W O O D STREET LYING WEST OF GREGG the City Of Fayetteville, County of Washington, Arkansas, for more than AVENUE AND. ,N,O,RTH OF a period of twelve months, circulated and, distributed from an established PROSPECT SXR.EET., .fN. THE MITCHELL' +AD9I'riO 11701 THE place of business to subscribers and readers generally of all classes in the CITY O.$ FAtY t VD.I:E; AR- y y price far each KANSAS '� Cit & Count for a definite copy, or a fixed price per WHEREAS, a`Detition was tlmv annum, which price was fixed at what is considered the value of the pub- filedCity with the. City Council of the lication, based upon the news value and service value it contains, that at City of Fa the City ouncil of he P the 29th day of March, I963. by least fifty percent of the subscribers thereto have paid cash for their sub- Lots M. Cunningham, F. F. Slice and Charlotte A. S$ce, husband scriptions to the newspaper or its agents or through recognized news deal- and alae, asking she n a Cobden ers over a period of at least six months; and that the said newspaper pub- street vacate end abandon all of the P PaP P street designated as follows: All lishers an average of more than fourty percent news matter. of Edgcwootl Street tying West of Gregg Avenue antl North of Pros- pect street. said street being dtu- I further certify that the legal notice hereto attached in, the matter of sled in the Mitchell Addition of the City of Fayetteville. Arkansas! , and n c�� _ WHEREAS, eller due notice as -----_-----__h W�y�p�,.S.qt___L_�Rc_\ �_�___________________ required by law, the council has, at the time and place mentioned In the notice, heard all persons de- siring to be heard on the question was published in the regular daily issue of said newspaper for ____�___ and has ascertained that the -- street, hereinbefore described, has eot�,�We insertion as follows: heretofore been dedicated to the ' Public use as a street: has not been actually used by the public gen- The first insertion on the erally for a period of at least five ------- day OfEi�J years subsequent to the filing of C` the plat; that all the owners of the property abutting upon the the second insertion on the --- ---------- day of ___________ 19______ street to be vocal d. have , filed with the Council their written{ con- sent to such sba'n'dohlnenWlend the third insertion on the --- ------------- day of ____________ 19_____- that public Interest antl welfare will not be adversely,raffecleH,]p y the abendonment. oLtsuehrntreetF NOW. THEREFORE. BE :17TM70R- and the fourth insertion on the ______ day _ 19______ _______ DA7NED BY THEQ011_YFAYETTE. OF THE CITY" TAYItTTE- lC , VILLE. ARKA'NO, 19() Li/u £ p SEC 'JON'1..�' Y ,Q Fayette- ------- --- ---- y - - ville, Arkansas, "¢y jSVleasea, 1 -- vacates, and yns 911 its rights. togethe ,}eh'�i ll{hh of Sworn to and subscribed before me on this __as _ day of ------ tthe blic I�`slaWest to Rldgewood.it9tr�_e_ IylBgasaaV1,What of 7— hTQT.(Pjros- pect Street ldslf Mitehili Addl. -------- -------------- 19 , Won to t ��tt of iti of &Ila Cita ce F�e�v. 1 e ;f ansae! to euc j-lu. ant .1 ,g,,, --- --------------------- - a - ,u,- oder, under Notary Public an ac !t °` It *§yg(. aty feet of - - w hrrciby..vZing, fon ' thestalin conppt�n_ic7ing, in atallin delaying, re- utilld mal fed. It pubne My Commission Expires: utilltles�eafte �'16hiiteAI or whish . may hereafter be lidlq ' Ci upon said' J , cvacateorportl street by eda City is any' corporation heron{ a franchise w at, ------ ----- aParllQQ right-of-way from eeltl owner. with 1 out recourse roccupants by the owner, own• —� '] b err, or by the for damages in-. Fee for Printing . . . $ 3 carred by the construction Oe ----- maintenance . said of utilities. SECTION 2. r fieri of the Ordf- nanceClerk duly certified by the fie* Cost OY Proof . . . . . $ ____________ Clerk shall de tiled in .the y and I re the Recorder of the County and . the rded In the Deed Records of Total . . . . . . $ the CountyTION. - Se eff"t J. be in force shall take effect and as g force from and otter at passage, approval, and publiPASSED AND PASSED AND APPROVED THIS 27th day of May, 1963. , APPROVED: GUY E. BROWN, Mayor ATTEST: GEORGE J. DAVIS, City Clerk gl-Its ORDINANCE NO. 1350 AN ORDINANCE VACATING AND ABANDONING E D G E W O O D STREET LYING WEST'OF GREGG AVENUE AND.-;N.OR.T-H OF, - - PROSPECT. STREET,'_+ IN . T H E' MITCHELL ADDITION" - T01 THE CITY OF :FAYETTEVILLE;t . AR- KANSAS WHEREAS e '`petitlom was, duly. ' _ filed, with the CityXouncil ot. the _ .City of Fayetteville. Arkansas, on the 29th day of March:1:1993, : by Lois M. Cunningham. ,F.• F. Stitt - and ' Charlotte -A: Slice, 'husband and wife, askingtheCityCogncil' - to vacate and abandon. all -of The street designated - as follower All of Edgeivood. Street :lying , West . of } Gregg Avenue and North of Pros- pect Street, said street being altu- ated in the Mitchell Addition of ' the City of Fayetteville. Arkansas,' and . WHEREAS,' after due notice as required- by law, the council has, at the time . and place mentioned ' ,' In the notice. heard ell persons de- siring to be heard on the question and has ascertained 'that the street, hereinbefore describedhas ` . heretofore been •dedicated --to the _ public use as a street; has not been Tactually used , by the , public gen- " crafty for a period of at least five - 1years subsequent'to-the filing of ' the plat: that-. all _the„owners of ' the property - ' abutting'upon the street to be vacated: haver filed. with the Council'their'fvrltten con. • sent to * such "abandonment- :and - thaf' public Interestland . welfare ' . I will not be adversely,! affected fby : the abmtdonmentof+-such' streetr,,. SNOW, THEREFORE RE -' IT ;'::OR • DAINED BY THES:CITY COUNCIL' OF THECITY 'OF FAYETTE• VILLE, ARKAN9eIkS f SECTION I The:i!`J(v p('Feyetic- villa, Arkensas,l Leby rkreleases, vacates, . and :-aob4idppnst,,.qll': its rights.. together-tt[ILE Ihe_rlghts of the public z.genol+M]XaJuaeatl:•to Ridgewood r, Streetelsdtig]zlWest:Of IGregg+Avenuetand/J•tottbi of(P -oO pect Street IWCthe §Mitchell,'Addf• - tion- lo (he qt Fayetteville : Arkgnase Age26{{S-! tingdt %I- ..,Cit9 OV Fayetfe1gl}d 'A�f Hasa ^ttd 'syc- ' ees r nod saA6ffii{.� ads sse. ent or'” 'L'Sl•I<Y.>-'S$""'over,;, under" ' land actoas^lthei Southglttventy feet of;.wftJ_attaet_.liaralZy „vacated for ! t e ! sa+ af OEtIO}istrueting." In.:, ' stalBn itf ipnd 'relaying, re: locating tii3('nL'f�ing-elt•publie utilities"rldW^'lbbdtedY•. or which . may. her eafter;-belW cated,:upon said :vacated street. byy oaf it er an corporoil on :having ' a� fro ch Ise or, • right-of-way .from ,Sold' it it -' :out recourse by . ,the owner, ,own•: ers, or occupants for Aamages curred by the constructlon of - ' maintenance of Bald utilities. SECTION 2. A copy of, the Ordf- nonce duly, certlfled " by.the City Clerk shall be filed in:.the -0film of the Recorder of the County and , t recorded In the Ded Records of the County. r SECTION 3. This ordinance shall ' . take effect and be. in force from t and after Its passage, approval; _ - and publication. - • PASSED AND APPROVED THIS 27th day of May, 1963: ' APPROVED: GUY E. BROWN, Mayor ' ATTEST: P. GEORGE J. DAVIS, City Clerk - 31-It-e