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HomeMy WebLinkAboutOrdinance 1418 635 PACE 204 ORDINANCE NO, 1410 FILF_0 f•OR RECORD AN ORDINANCE VACATING AND ABANDONING MEREDITH STREET , IN THE STUBBLEFIELD ADDITION TO THE CITY OF FAYETTEVILLE , ARKANSAS . 1964 DEC - 2 AM 10: 08 WHEREAS , a petition was duly filed with the City Council of the City of Fayetteville , Arkansas , on the fifth day of October , 1964 , asking thfA§A4(G!PPtWU4 ntbY, ARK. vacate and abandon all of Meredith Street in the Stubblefield Addition tLcLthT (j #)roC : NELL of Fayetteville , Arkansas , and CIRCUIT CLERK 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 s.nd abandons all its rights , together with the rights of the public generally , in and to the street designated as follows : All of Meredith Street which is the extreme street running East and West of Blocks 4 and 6 , in the Stubblefield Addition to the City of Fayetteville , Arkansas , and reserving unto said City of Fayetteville , Arkansas , its successors 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 hereafter be located upon said vacated street by said City , or any cor - poration having a franchise or right of way from said City . As a condition to the closing of said Meredith 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 hereafter 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 . SECTION 2 . A copy of this 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 take effect and be in force from and after its passage ;approval and publication . tit -PASSED AND APPROVED this 9th day of November , 1964 . APPRO D i .4-TTEST : ;re �! z GUY E . BROWN, MAYOR v_EORGV, J e/ AVIS , CITY CLERK MICROFILMED DATE QQ 9 1878 REEL• 635 PACE 285 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 theCis, therein set forth , and the same is as it appears of Record in PROCEDURE OF CITY COUNCIL RECORD , Volume �j _ at Page 0M thereof . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this day of 00 , . . . a "` City Cle co . . may. •. [ CIQ Fr CErF`TfFf :- ATE OF R."707. 0 STATE OF ARKANSAS t ss. Washington County S I, Lloyd McConnell, Circuit Clerk 11^. Ex-T`ficio Fl ac�rder for Washington County, do hereby c:: Jv :hat rlpc ance:cv: or fare- . goi'nijins�trument was filsd for fucnrd in my office cn '..hel. .day of.hl!FC.I. . . . . . . T. . : . 110 -014 o'clockfl'. M, and tha sameiyy duly recorded in .y.90UL� . . . . record . IR�3' �.Jr. . at page . .�:4. Witness my hand and seal this a da .�y of DAC .. . . . . . . . 19 (A Circui erk and - ' Fir-Offiw Recoder ORDINANCE NO . / hal AN ORDINANCE VACATING AND ABANDONING MEREDITH STREET , IN THE STUBBLEFIELD ADDITION TO THE CITY OF FAYETTEVILLE , ARKANSAS . WHEREAS , a petition was duly filed with the Pity Council Ofjthe ity of Fayetteville , Arkansas , on the day of �fi' ✓ 1964 , asking the City Council to vacate and abandon all of Meredith Street in the Stubblefield Addition to 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 the street designated as follows : All of Meredith Street which is the extreme street running East and West of Blocks 4 and 6 , in the Stubblefield Addition to the City of Fayetteville , Arkansas , and reserving unto said City of Fayetteville , Arkansas , its successors 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 hereafter 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 Meredith 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 Ordinance No . ��� Page 2 now located , or which may hereafter 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 . SECTION 2 . A copy of this Ordinance duly certified by the City Clerk shall be filed in the office 6f. 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 and publication . PASSED AND APPROVED THIS 9th day of November , 1964 . APPROVED : =mom GUY E . OWN , MAYOR ATTEST : (�/ y GEORGE AVIS , CITY CLERK SOJTH 2G2 Ip •):552 )LOG tic tlJ .- 50 . 1«9Z : - — � .._ .� . __ -..x_ 50 . BLOCKI 10' _ . . . .BLOCK 3" id0 q 66. a LP vNJTH ELIZABEM4 J S AVE. . tsY:� m l _ _q9 o _ JO i(L>.:' .:65]:6661. . 50 _ . _ 50 • . . 0 �a: lc �' u BLOCK m 11 m ° _. �j _. ➢ ➢ J. w Lm 5osc :ec's TWiT 535.: i` _ 21L ]73d_�._ a BLOLO CK 12 k, 65 -< a 3 - � � _> � a -'. 6 µ I 6 o 16 )5 . ' BLOCK o rl. _ LEY qli •.:z . � 0 m - 5s: r u m < o cnSL� a-e � 1 I o 40 115 nA Z . c Qz m cZ . 0 ➢ Z ¢ . . ; m :zs ! o YI c - cem z p � ; m ' z ._ u3 - m : o m i6 . � ? c� ia� T20 o < <5•, ', - zS - m p `gym i N n 1. 0 m N Z A OUpI G m m p n m n " m m i .�'� {{/m�� c 31 A ink .P} m a ^• A s. MkI O 00 7<A :i �"tN IN mp i :. " O _ D • n i D ° �I D G VY - ' � ZD Q Z � . i' 2 no 0 r l0 z fn CIS , u n (�- ^ �.li p� t0*I ,•1 e i OT ! m all � . oT .. �) ' " m , moi ' zzi x x ♦ i i w '` mqtZ 0 a � � 0 :2� Az :'x�, 0 A 4 O O D n Iz at im _ m STATE of ARKANSAS 1 J as. County of Washin&ton i a pr� _ - _._ __ _ I, -- -_j. ---.-- , hereby certify that I Legal Nofiee1�' am the ( eneral Manager) of THE NORTHWEST ARKANSAS TIMES, ORDINANCE NO. 1418 a daily newspaper having a second class mailing privilege, and being not AN, ORDNIA`NCE VACATING AND less than four pages of five columns each, published at a fixed place of A11e X%WDIOJNjI,NFG MEREDITH SAEF$ 4N EitSDUBBLF.FIELD bU91nea9 and at a fixed (daily) intervals continuously In the City Of A DITIEinI -THE* CITY OF Fayetteville, Count of Washington, period F1d , ARKANSAS. y Y gton, Arkansas for more than a Aw; a Utioa ,�vas duly of twelve months, circulated and distributed from an established place of filed . IF,. Council of the city et lie, U'Fl aures. on business to subscribers and readers generally of all classes in the City the r ay o-ctager, 1964, ask- & County for a definite price for each copy, or a fixed price per annum, ing th Git ounell to, vacate and abandon al o�Meredjih Street in which price was fixed at what is considered the value of the publication, the 's-t'ubtilerie 1 Addillon to the based upon the news value and service value it contains, that at least fifty City;ot?lFay'ettev, llc, Arkansas, and Y }IWHEREAS'{ ' ter aue..notice as percent of the subscribers thereto have paid cash for their subscriptions require& by la the Council has, at t0 the newspaper th'e time en fl a menfiiined In the p per or its agents or through recognized news dealers over a notice h�arfm.all persons desiring period of at least six months ; and that the said newspaper publishers an td' I e h and on ,thc question. and nae :, ascyr inegCj ttli V, the , �s_treet average of more than forty percent news matter. hereinbr exec described*.kt0 ,hereto- f r' ba _eafoatrd`fto tfie Public I further certify that the legal notice hereto attached in the matter of us [et- hasEnot:been actual. I us y the publte 'geheioil y.4for s peT� o of at "as flv ean'int ueyyu Alt t, th filing he plat: ' SFletenah owners oft o erty abutting u o th str va- ---- Ic t A ha ed wit th Gouncll e r Itt comen to such nban- _ — Ia3hmeat a that pu li rest was published in the regular daily issue of said newspaper for ana mMfar wiu of venely ceBseeB6iYe insertiond as follows : a((fectetl l the aban ant of a0-cn street ic P, ow: MHEttEF.OR 11' OR- The first insertion on the ��� da of D 'INE13y Y&{THE - i7NCIL, Y O� THEIG1,Tj1 yoF , ARKANSAS: ; the second insertion on the —_—_ da of 19_ SECTION G f FayeKo- y villa, AT q lava ea: ver cages ana,' jabe ghta, -tdgctner with t pub- the third insertion on the — day of _ 19_ Il" i6erinerally trere ere- tlesigtree;Street w e aura and the fourth insertion on the ______ day of 19—_ stf Bloc runnin nd West of Bloc an 8 f i field I - Ai181 tp t Citi 3€tte l A4 and ase ng urgsaid cCt age-,ft villa, Arkansas, its e said du an 'dement I f r, under, a cro on ot•l o Sworn to and subscribed before me this ____r —__ day of e eretem Or ta p,�tr- co nagf op- e UZA 9 H ving il.'eldc an ning all&ubllb o r wh9clf upO said `ve- c f Or�aTY C o efi ae os INe,I --- _ �f—�-� n saidy tary Public ua-I f ebuKe My Commission Expires : ey e utili� t i e78'Ing�') 1. ng al ub- II c u I ed, or wfii"ch C ma er d u n said vaeata a er that Fees for Printin Lherp`tl t ha hey w(11 g — $---�-- re fre tl a or changing tHa " ode Crraln, d�,hleh woce to utuity Cost of Proof $ lin, cat ea. rggc ato'iy ay ti tinoDc t Total Clerk ahal in Lhe office of the re he ounty and r eed racerda of the t ° anali f oin � publ va antl 93 AA S A D inial , n Ub r . RO 1 c Lecial Notice-- - ONDINANCR NO. 1418 AN ORDNIANCE VACATING AND ABANDONING MEREDITH STREET IN THE STUBBLEFIELD ADDITION T43 THE CITY OF FAY ARKANSAS W e petition was duly ! filed the city Council of the City of g'getWirille, Arkansas, on the filth day of October. 1964, ask- ing the City Council to vacate and abandon all of Meredith Street in the Stubblefield Addition to the City of Fayetteville, Arkansas. and WHEREAS, after due notice as required by hus, the Council has. at the time and place mentioned in the notice, heard all persons desiring to be heard on the question. ands has ascertained that the street hereinbefore described, has hereto fore been dedicated to the public use se a street; has not been actual- ly used by the public generally for a period of at least five yyeeaah sub- sequent to the filing Of Ahe plat! that all the ownera of property abutting upon the aeeY M be va- cated have filed with the Oeunell their written. cotuen4 to such aban- donmeat. aral that public interest and welfare will not bO• ersely affected by the shegdotifbent of such street. NOW. THEREFOR TT OR- DAINED BY TRE OR- UNC OF THE CITY OF FA LE, ,tea ARKANSAS: !eR! SECTION 1. The Fayette- ville, Arkansas. hereby va- rates and a Ebts, together with pub- lic generally. ea- designated M ae'e- dith Street w me street running F.Yt anal West of Blocks _ and 8, fn Stubblefield ) Add w Mia Citp tiey unto said 'i Ar and x R unto s l hyetteviue, Arkansas, its an easement o pf user, under, tl of 3d across n of said Or et hercbe vseated far the pur- . S.-IT S.-ITinstalling, op- relaying, relo- ".ng ail public �. . or NTdch may t. upoD said va- I city, or any r franchiae or , id City. As 1I t of safd t shall b6 rom lia- abutt- lurd� ll k he prop. t -t bercfc. 'Ch may OV rt q a in - - now locat ( '� d ts ATT N ', ' VST) V 1 1 \