HomeMy WebLinkAboutOrdinance 1424 ORDINANCE NO . 1424 ' FILEQ
AN ORDINANCE VAGATiNG AND ABANDONING A PART OF HADDON STREET ,
1964 DEC - 3 PM I : 58
WHEREAS , a petition was duly filed with the City Council of the City of
Fayetteville , Arkansas , . on the sixth day of November , 1964 , askiAV§h✓f QMy CPJWyc&1AtR
vacate and abandon part of Haddon Street;, located in the Country Cldd-0:diikv60NgItL g ,
City 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 beendedicated to
the public use as a street; has not been actually used by the public generally fora 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 : That portion of Haddon Street between Bigger Avenue and a
street lying parallel to and one block South of said Bigger Avenue , , not yet officially named ,
but known as Cherry Avenue , located in the Country Club 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 portion of Haddon 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 , aEproval and publication,
.16VSSkiO3 ND APPROVED this 23rd day of -November , 1964 ,
y ff 'j APPROVED:
4T . MiCROFILMm,
� i }'
d1978• . BROWN , MAYOR DATE ( G�197B
REFI
GEOR . J: AVIS , CITY CLERK
635 PACE 323
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 yy�
foregoing is a true and correct copy of thdC�6�� �"�
9) • /A7L
therein set forth , and
the same is as it appears of Record in PROCEDURE OF CITY
COUNCIL RECORD , Volume �_ at Page =� thereof.
IN WITNESS WHEREOF , I have hereunto set
my hand and affixed my official seal this
day of . 19
op t
<,.j',.. -.. . City rldek
l�
PI
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. ., ' Cn
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IV
i
CERTIFICATE OF RECORD
STATE OF ARKANSAS )
Washington County r as.
I, Lloyd McCanpof 11 Circuit Clerk and Ex-Officio Recorder for
Washington County, do hereby certify that the annexed or fore•
goln`r}r mnsfrumen33 was filed for record in my office an the . Aday
of. •^Cv4C 4n�tlW. . . . 190-yatt i''F%'cIock. M, and the tame Is
duly recorded ih . . . {..�,,µ. . . . . . . record . (R .3�, . at page .Witneas my hand and sea! thilss . ;�.dday of
Circuit Clerk and
Ea-Cftico ,tecodr•r
STATE of ARKANSAS
as.
County of Washington
I, _----. Sil -_ __� � .--------, hereby certify that I
am the ( Cecral�Manager) of THE NORTHWEST ARKANSAS TIMES,
a daily newspaper having a second class mailing privilege, and being not
��•�' less than four pages of five columns each, published at a fixed place of
` business and at a fixed (daily) intervals continuously in the City of
Fayetteville, County of Washington, Arkansas for more than a period
"k of twelve months, circulated and distributed from an established place of
+ business to subscribers and readers generally of all classes in the City
& County for a definite price for each copy, or a fixed price per annum,
which price was fixed at what is considered the value of the publication,
based upon the news value and service value it contains, that at least fifty
percent of the subscribers thereto have paid cash for their subscriptions
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
average of more than forty percent news matter.
I further certify that the legal notice hereto attached in the matter of
was published in the regular daily issue of said newspaper for j___
-eenseeeutivr insertion/ as follows :
The first insertion on the _____._ a _ day of
the second insertion on the --_ day of 19—
the third insertion on the day of ______.— 19
and the fourth insertion on the day ofn- n 19—
Sworn to and subscribed before me on this — '� " day of —_ -
114
No ry Public
+ My Commission Expires:
f _
Fees for Printing �J
: i
Cost of Proof
Total —._ $�A'�O
' CMPENN
O. ig21
AN ORI13311GATING AND
A$A17•DOSAT OF HAD-
DON ST
WHEREon west duly
filedt}withouncil yoE the
Cityyc "FArka_nsen, on
the , day vembGr 1964�ga)2�:
In Cit nc� yt tvacet`e•an
abandon o{"`Ffadtlon tStreet, '10-
eatedinthe -oyntFy Chub Addition,
tonthe�a iSi. elF•�ytgttevfl�e, a ca i
WHL'�F,EiI"�;`a '•-no"'�i�ce nye
required by law, the Council has,
at the time and Place mentioned in
Ithe notice, heard all Persons deslr-
ing to be heardonthe question and
has ascertained that the street here- '
intiefore described, has heretofore
been dedicated to the public tate
M a street; has not been actually
used by the public generally for a
I period of at least five years sub-
sequent to the filing of the plat:
that all the owners of the property
abutting upon the street to be va-
cated have filed with the Council
their written consent to such aban-
donment, and that public interest
and welfare will not be adversely
affected by the . abandonment of
such street, 11
NOW, iTHEREFORE, BE IT OR-
DAINED' BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
SECTION 1. The City Of Fayette-
ville; Arkansas, 'hereby releases,
vacates and abandons all its rights,
together with the rights of the pub-
lic generally: in and to the street
designated as follows: -That portion
of Haddon Street between Biggger
Avenue . and a street lying paraflel
to, aone block SOuth of said Big-
gerw:Avenue. -not yet officially
named,«tint?-known a; Cherry Av-
'enue!,Jocated m the Country Club
AEdition to the Clty of Fayetteville,
Arkansas, and. reserving unae said
C1tyT1efFayetteville, Arkansas,' its
successors andassigns an ease= +
menta:or.rightof-way on, over, un.
'der. and stress the portion of .said
street 'hereby vacated for the pur-
P&e of constructing, installing, op-
crating, laying and relaying, relo-
eating, and maintaining all public
utiltti now located- or which may
herea4 er.- a^locatedttipon said va_
cats rest by M al
CI, or, any
car por@titin �1iadtngYat franchiseon
cic tl ttb`n 10 tli;logia gfA of�sa(dtapor-
tioit, $f-,Haddon 1tlial!. City
-shall bey�held free `!and harmless
fromllnbilitY as� to.tiny"claims of
thq,j'atitit[fngMownereptor damages
to Lhe'tpropettyJ dekerlbad herein,
whiEh may r WOV'fiam the Clty or
otti ttllt3' eompant' onstruct-
no" it WL 9; 11 i ,laying
sod y! 8 reI At eland m' in-
LaNng aB publics tit111Nee now lo-
t i v leht'may hereafter be
los �saia%ivacated .'street,
a [ that theeti
ptioner;
a at they"will refrain-.from
'alt f or-,changlas the'g e of
th Wn, which wouldr. cause
dam g toTtitWI lines Iorated In I
;tltdt�Aaea . -.
SECTION 2. A copy of this' ordi-
ee}�ffduly certified by the City +
1CIer 'Fsh511 be. filed in the- office 1
'ofjj1 estrecorder of the counsy and
`
sr-g 'd in the deed recor(la of the '
cottuu• tt��tgy8:''
j,tySECTI3. Thi; Ordlria'nee shell
take effect, and be Yin force; from
an after ib passage, approval and
pubIlMitlon: t
PASSED AND APPROV D THIS
2 lay.of November 1964. -
APtP, AOVED:
GUY E. BROWN, Mayor r,
ATTEST: - ' ; L • '' ,\
I) GEORGE J. DAVIS,
1424
B OND] IX OF AND
a BANDON AIIT OF HAD-
DON
Al)
1)WHERF �p,•/tl� seas duly
1, ,I with the City Counell of the
ire ' he CltyrCourt V 1%X1%
abandon pert of Haddon Street. W
sated In the Country Club Addition.
he the City of Fayetteville. Arkan-
I and
9'Ilii1REAS, after due C as
iequirei by law, the f ,. _ . ha,,
the time and place me:,' uned in
The notice, heard all persons desir-
ing to be heard on the question and
has ascertained that the street here-
inbefore described, has heretofore
been dedicated to the public sae
as a street: has not been actually
used by the public generally for a
period of at least five years sub-
sequent to the filing of the plat;
that all the owners of the property
abutting upon the street to be va-
cated have filed with the Council I
their written consent to such aban-
donment, and that public interest
and welfare will not be adversely
affected by the abandonment of
such street,
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
SECTION 1. The City of Fayette-
ville. Arkansas, hereby releases,
vacates and abandons all Its rights,
together with the rights of the pub- i
lic generally, in and to the street 1
designated as follows: That portion
of Haddon Street between Bigger
Avenue and a street lying parallel
to and one block South of said Big- i
ger Avenue, not yet Offlciallyl
named, but known as Cherry A ,c '
enue. located in the Country Club
Addition to the City of Fayetteville,
. Arkansas, and reserving unan said
City of Fayetteville. Arkansas. its l
successor and assigns an ease- I
menta or right-of-way on, over, un- ,
der and across the portion of s.iid '
street hereby vacated for the pur-
pose Of constructing, installing. op- 1
crating. laying and relaying, relo-
cating and maintaining all pubbC
utilitieg now located or which may
hereafter be located upon said va-
cated ktreet by said City, or any
corporation having a franchise ori
right-of-way from said City, as e
condition to the closing of said por-
� tion of Haddon Street, the City
jshall be held free and harmless
i from liability as to any claims of
I the abutting owners for damages
jto the property described herein, )
I which may result from the City or
lather utility companies eonstrtr. t-
log 01110talllpgo operating. laying
and feJnytng, relocalJrig, and main-
tanning all public utilities now to-
cat�wlvelt may hereafter be
foes uI On said vacated street.
and r that the petitioners
ags'gM t they will refrain from
al of changing the grade of
the'-t which would cause '
damage 10
utility lines located inthatt l
SECTION 2. A copy of this ordi-
nance 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.
ty.
SECTION J. This Ordinance shall
take effect and be in force from
and after its passage, Approval and
publication.
PASSED AND APPROVED THI9
23rd day Of November, 1964.
" 'WN, Mayor
" ° I