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HomeMy WebLinkAboutOrdinance 1356 r 598 PAGE315 ORDINANCE NO, 1356 AN ORDINANCE VACATING AND ABANDONING A NORTH - SOUTH ST E .%LZCN�t UIA- BETWEEN LOTS NO. 15 AND 16 OF THE EVINS FARM ADDIT19NJDQYHE CITY OF FAYETTEVILLE , ARKANSAS oNCO.� ( , AP.'�• WHEREAS , a petition was duly filed with the City Council ofvth&t ti '' f tSotteville , Arkansas , on the 24th day of June , 1963 , asking the City Council toC ' ate and abandon the north- south 20 foot public street dedication situate between Lots No . 15 and 16 of Evirls Farm Addition to the City of Fayetteville , Washington County , Arkansas , as per plat of said Addition , and 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 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 years subsequent to the filing of the plat of said Addition; that all owners of the property abutting on the 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 affect by the abandonment of said 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 : The north- south 20 foot public street dedication situate between Lots No . 15 and 16 of Evins Farm Addition to the City of Fayetteville , Washington County , Arkansas , as per plat of said Addition , and the ownership of the property now occupied by said street is hereby vested in the petitioners abutting upon said street in fee simple absolute , free and clear of the easement of the city therein for public use as a street . 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 8th day of July, 1963 . APPROVED: ' GUY E . B OWN MAYOR AaC%OFjL �TI;S •: ,�. . DATE OCM� cf . Re REEC s11 GEORGE J. , CITY CLERK 598 ma = CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I, GEORGE Je 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 Fayetteville , City Ordinance No . 1356 therein set forth , and the same is as it appears of Record in PROCEDURE OF CITY COUNCIL RECORD , Volume G at Page 237 thereof , IN WITNESS WHEREOF , I have hereunto set � AeFTj - 0� .- " ' •fy%l' •, my hand and affixed my official seal this y � 19 • •� : �� 11th day of Julyeel _{�_• y • ':nnuu+tt �K�L�.GeuRSL��<�9:L"�'--a' ' City C ' CERTIFICATE OF "E(;ORD VIA BF ARKANSAS 159, f to Recorder toe a€tOr County yy it Clerk and Er.-OS d or f re circu th^tthc annex' � ,yd N,cCcnnet , here®Y e- r. .t� n eltF// . . aY Ccunty, uo rd �n mY �� fie' , same is es trumht `` a§ hlri''Faµrfacca ° ciock . . .M . anathaEe . stoQ :�pi71� t19 W" 8. . . . P-recof 19 �0,5 •apt.. .T�.: 'M�` , mt� FaR� °�Pd- seat this/-F-`�l . . . . . . . . Cir it C�erk a/ "n�-dl Ex.Oftieo Recoder f S'T'ATE of ARKANSAS 1 Jr ss. County of Washington �Lv,ntL�_tt� . hereby certify that I are the ( Geier 'M.ger of fiHE NORTHWEST ARKANSAS TIMES, a daily newspa er having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of ORDIVA"Cil NO. 1356 business and at a fixed (daily) intervals continuously in the Cit of AN ORDINANCE VACATING ( Y) Y Y AND ABANDONING A NORTH- Fayetteville, County of Washington, Arkansas for more than a period SOUTH S"RF"- LYING BE- TWEEN LOTS NO. 15 AND 16 OF of twelve months, circulated and distributed from an established place of TRY E TY FARM ADDITION TO business to subscribers and readers generally of all classes in the Cit THF. CIT] OF FA DDITIOILLE, g Y Y ARKA\SAS R County for a definite price for each copy, or a fixed price per annum, WHEREAS, a petition was duly ;r.;., win, me cite Courrit of the which price Was fixed at what is considered the value of the publication, Citr of F:Lyetw, ma, Ar!cansas, oD based upon the news value and service value it contains, that at least fifty tho 24th day of June. 1963, asking the City Council to vacate and percent of the subscribers thereto have paid cash for their subscriptions LEGAL NOTICES. to the newspaper or its agents or through recognized news dealers over a period of at least six months ; and that the said newspaper publishers an cbcndon the north-south ^o foot a of more than fort public streot dedication s.tn_:u 1:_- ouster- g y percent news matter. twcan Lots No. 15 and 16 of Evins i Farm Addition to the City of Fay- I further certify that the legal notice hereto attached in the matter of etteville. Washington County, Ar- i kansas, as per plat of said Addition, and � � �c ._ WHEREAS, after due notices as resulted by me the City Council has at the time and ___________________---__._________. _ _._______ _ __ Dril men- tioned in-the erotica, he„rd all per- / sons desiring to be heard on the was published in the regular daily issue of said newspaper for________/-_____.__ question and has ascertained that the street hereinabove described cunsecti4ve insertions% as follows : has heretofore beea dedicated to - the public use as a street; has not been actually used by the public The first insertion on the ___. _ _ _______ day of _ "_ ____ __ 19—a fenerally for n period of at least ive years subsequent to the filing of the plat of said Addition; that the second insertion on the -------------------------------- day of --------__________ 19______ all owners of the property abutting on the said street sought to be va- cated have filed with the City Council their written consent to --------------------------- the third insertion on the ___ day of ___"___________ 19—_ said abandonment; and that public interest and welfare will not be adversely affected by the abandon- and the fourth insertion on the -------------- -------- day of -------------------___ meat of said street. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTE, VILLE, ARKANSAS. ---- SECTION 1. The City of Fayette- ville, Arkansas, hereby releases, L� vacates and abandons all Its rights, Sworn to and subscribed before me on this __ _�9""_____ day of ----- ---------- together with the rights of the public generally, in and to the street designated as follows: Jl-- The north-south 26 foot public street dedication situate be- -------- ------------ ""- _-" - ---"-"--------- tweets Lots No. 15 and 16 of Evins Farm Addition to the City of Fayetteville. Washing- ton County, Arkansas, as per pmt of said Addition. Notary Public and the ownership of the property now occupied by said street is hereby vested in the petitioners abutting upon said street in fee My Commission Expires : simple absolute, free and clear of the easement of the city therein foSt. ECTION 2. A copy of the Ordi- _ nance duly certified by the City J Clerk coal] be filed in the office f the Recorder of the County and re- corded in the Deed Records of the Fees for Printing _____ $_A?___________ County. SECTION 3. This Ordinance shall be in force and effect from and �--- after Its passage, approval and pub- Cost of Proof _______ $._____________---_._ licetioa. PASSED AND APPROVED this Total 8th day of July, 19%3. ----- APPROVED- GUY E. BROWN, Mayor ATTEST. GEORGF J. DAVIS. City C4.1' 12-INN