HomeMy WebLinkAboutOrdinance 1419 ORDINANCE NO , 1419
AN ORDINANCE VACATING AND ABANDONING CERTAIN STREETS AND ALLEYS IN THE ROCHIER
HEIGHTS ADDITION TO THE CITY OF FAYETTEVILLE , ARKANSAS .
WHEREAS, a petition was duly filed with the City Council of the City of
Fayetteville , Arkansas , on the 26th day of October, 1964, asking the City Council
to vacate and abandon certain streets and alleys in the Rochier Heights 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 and alleys hereinbefore des-
cribed , have heretofore been dedicated to the public use as streets and alleys
have 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 streets and alleys ;
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 streets and alleys designated as follows :
That part of Paris Avenue extending from the South line of Rochier Street
to 84 feet South of the South line of Grandview Street, and the alley
lying South of Lots 1, 2 , 3 , 4, 5 , 6 and North of Lots 7, 8, 9, 10, and
11 0£ Block 6, and also all of that part of Grandview Street lying East
of Paris Avenue and lying South of said Lots 7, 8, 90 10 and 11 of said
Block 6 in Rochier Heights Addition to the City of Fayetteville , Arkansas,
as per plat of said addition on file in the office of the Circuit Clerk and
Ex-Officio Recorder of Washington County, Arkansas , and reserving unto
said City of Fayetteville , Arkansas , its successors and assigns an ease-
ment or right-of-way on, over, under, and across the portion of said streets
and alleys 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
streets and alleys by said City, or any corporation having a franchise or
right-of-way from said City, as a condition to the closing of said streets
and alleys , 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 streets and alleys 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.
MICROFILMED
DATE g T 9, 78
REEL
Page 2 - Ord . 1419
SECTION 3 . This ordinance shall take effect and be in full force from and
after its passage , approval and publication.
PASSED AND APPROVED THIS 9th day of November, 1964 ,
APPROVED :
GUY E . BROWN, MAYOR
ATTEST :
GEORGE J . DAVIS, CITY CLERK
( This ordinance superseded by Ordinance No . 1426 )