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'
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P ' Can
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.�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•
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� 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