HomeMy WebLinkAboutOrdinance 1426 635 'aace28
t ORDINANCE NO, 1426 FILED
AN ORDINANCE VACATING AND ABANDONING CERTAIN STREETS AND . ALLEYS IN THE
ROCHIER HEIGHTS ADDITION TO THE CITY '•OF FAYETTEVILLE11h4WN �APM 1 : 50
WHEREAS ] a petition was dWy filed with the City Council of of aXft le ,
Arkansas , on the 26th day of October ; 1964 , asking the City CounciUvoybdeta e!3i n, on
certain streets a6d alleys in the Rochier Heights Additiontothe City %f1rFFNRtteA1RP,
Arkansas , and
WHEREAS , after due notice as required by law, the Council has , at thetime and place
mentioned in the notice , heard all persons desiring to be heard on the question and has
ascertained that the streets and alleys hereinbefore described, has 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 , 80 90 10 and 11 of Block 6 , and also
all of that part of Grandview Street lying East of Paris Avenue and lying South of said Lots
7 , 8 , 9 , 10 and 11 of said Block 6 , all 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 written agreement by landowners
to provide alternate extension of Paris Avenue by dedication and replatting of area for new
streets and alleys , to conform to terrain , 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 alternate streets and alleys 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 laternate 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 which may
hereafter be located upon said alternate 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.
SC�T �;V 2 . A copy of this Ordinance duly certified by the City Clerk shall be filed in
the of p . `kecorder of the county and recorded in the deed records of the county .
� .
T 3 :. " This Ordinance shall take effect and be in force from and after its
age= "Ap'pioval' and publication.
MICROFILMED
UPASSED AND APPROVED this Z3rd da of November , 1964 . 9 1978
Y 1 DATE OCT
AT ! T : APPROVED: ( j IRS
`� A=ORGEL7, QAVISs CITY CLERK GUY 10, BROWN , MAYOR
4
k e� r�
635 FAA89
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 th
° 1 AP - /� a�
therein set forth , and
the same is as it appears of Record in PROCEDURE OF CITY
COUNCIL RECORD , Volume u at Page o'?040 thereof.
IN WITNESS WHEREOF , I have hereunto set
my hand and affixed my official seal this
E A.Y'f 1p�`jP. day of �--de ---.�e 19 S�
�C City G k
` .,..
L °:,10
cc
v
GERTIFICA'f OF R � 7M
STATE OF ARKANSAS ,I ss. '
Washin&or County )
1, Lloyd McConnell, Circuit Clerk and Ex-officio Recorder for
Washington County,-do hereby certify that the annexed or fore-
going instrumentwas filed for record in my office on the . 3. day
of„ : . . . . . . . . . . . 194 fbtli Aticlockp M, and the same is
duly recorded In . . . '�. . . . . . record . U .3. TA
. at page . P
Witness my hand and seal thisl.1day of . {c,,-,Q.ar"' • ••• 1139�0kp�ll
al 611 . 1 10 0,006a
Ci cult Clerk and
Ex-offico Recoder
LLORbI(lAN NO. 1426
AN ORDINANC 6 T]NG /iN1
A R E N D p 6F•R'M STATE of ARKANSAS
STREET AND S IN IO$. - as.
ROCKIER H ADDITION ' Count of \Yashin ton
TO THE CITY 'YETTEVILLE,
filed
edd:A it S.
rhe . peition was . duly n.
WHEREAS, a .ii e t U
ng the
Council of the
City t Fayetteville, Arkansas, on hereb certify that I
the 28th der of October. 1984. ask- I, ._.._. . �V ...____ ______.{� �Y\Q�S�____.___ , Y Y
Council to vacate and am the ( ,eneral Manager) of THE NORTHWEST ARKANSAS TIMES,
abandon certain streets and alleys
In the Repealer Heights Addition to a daily newspaper having a second class mailing privilege, and being not
the petty of Fayettevwe. Arkansas,
and less than four pages of five columns each, published at a fixed place of
WHEREAS, after due notice as re- business and at a fixed (daily) intervals continuously in the City of
quired by law, the . Council has, at Fayetteville, Count of Washington,
the time and place mentioned in the Y Y gton, Arkansas for more than a period
notice, heard all persons desiring to of twelve months, circulated and distributed from an established place of
be heard on the question and has
ascertained that the streets and al- business to subscribers and readers generally of all classes in the City
here hereinbeforedescribed, has
heretofore beendedicated to the & County for a definite price for each copy, or a fixed price per annum,
been
public use as streets and alleys, which price was fixed at what is considered the value of the publication,
have not. been actually used by the
public
generauy for a Period of at based upon the news value and service value it contains, that at least fifty
least flue years subsequent to the percent of the subscribers thereto have paid cash for their subscriptions
filing of the plat: that all the own-
ers of the property abutting upon to the newspaper or its agents or through recognized news dealers over a
the street to be vacated have filed
with the Council their written con- period of at least six months ; and that the said newspaper publishers an
sent to such abandonment and that average of more than forty percent news matter.
public interest and welfare will not
be adversely affected the assn- I further certify that the legal notice hereto attached in the matter of
d NOW. of such ORE.streets and alleys:,
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- was published in the regular daily issue of said newspaper for—_L__._.
lic generally, in and to the streets insertion) a9 follows :
and alleys designated as follows: � � l
That part of Paris Avenue extend.
ing from the South line of RochiQqtt
Street to 84 feet South of the South The first insertion on the day of i _. 19_6�
line of Grandview Street, and the
alley lying South of Lots 1, 2. 3. 4, 3,
6, and North of Lots'7, 8, 9, 10 and the second insertion on the ---_______ day of _— 19--
11 of Block 6, and also all of that
Part of 'Grandview Street lying
East of Paris Avenue and lying the third insertion on the ---________ day of — 19_
South of said Late 7,'8, 9, 10 and 11
of Bald` lllftlt 6, all 1n Becher:
, Heights Rtlhltion to the Clty'Tt and the fourth insertion on the a 19
Fayettevii p; Arkansas, -as per plat y
of said aIrculon le flan to the office
of Recorder
'of Clerk and Ex-OHica . C
Recorder of ,Washington County,
Arkansas, ; written agreement
ex endo Ip provide by dedi-
cation
p at Avenue re deli-
catlon a4fQ letting . co for _��' d— day Of _
new stref d allege, to conform Sworn to and subscribed before me on this
gg to teryafrr _F awing unto said
Cfiy a' teville, Arkansas, Its
shape assigns an ememeht
or righ �� �f'.g' on, over. under and 'A -- 194�_
acrosgsiQe.aW n of $aid alternate
atreet8 i1t8,.3 _ for the g,purposeelo-
of uf:I instawng, aper-
aUdg„ sing: and relaying, ublic
eating' s p a"I ted or all public ai Public
-------
littleaftei,1 w Alocaed or which may Y
hereafter lie located upon said al. -
t try,
0 sweets and alleys having
mid
City, or .ing corporation having a
Cit . as aYcondition
o right of way from said My Commission Expires :
Cary, m a is and a to the closing of
said abe he and alleys.,and the City
ess
snag be held free . .said farm Of
hnm..dtabw9 a,; to any claims es
the e u ng y ase for damages
to the propetty t from the
herein.
which may result from the str t- p ./� Y/
other stwty companies g, laying Fees for Printing _ $__L/_••/_y
Ing. Installing, operating,a laying
and ngay{l relocating end main-
mining all Dubuc utilities u which
may hereafter be located a upon said Cost of Proof $
further streets and alleys and O
further that the Petitioners agree Total $-Lp
that- they will refrafrainnfrom alter-
ing or changing the grade of the ,
terrain, which
would cause damage
to SECTION
lines lac,opy of that area.
SECTION 2. A' fieri oft the
Ci t-
nanceClerk dul befi road by the Clof
Clerk shall r filed in the office of
the recorder oa county and re- '
corded in the sed^reeordcords of the
county. Aj
SECTION 3. This Ordinance shell
take effect andibe In from
and after its paeaage, approval and
p PASSED ANIY+ APPROVED this
23rd day o1 November, 1964.
APPROVED:
GUY E. BROWN. Mayor
ARTS ST-
GEORGE I. DAVIS.
City Clerk 30-It-c
CPA STATE of ARKANSAS
, u ALLEYS IN T as. s
) 1EIGHTS ADDITION County of Washington
i Y OF FAYETTEVILLE,
tog 6th dty of Oct] ervacast, andl ,n
H'H}Il? �S, a petition was duly
he
filed
City of I `_y',
me sea, say or October. lssa, ask- 1 I, _---- -h� _----- ---------}( �r�� �Q'- }-�-------------- hereby certify that I
am the (ceneral Managet) of THE NORTHWEST ARKANSAS TIMES,
in theoRochlert Heigeets and hts Addition to a dailynewspaper havin a second class mailing
the City of Fayetteville, Arkansas, g B Privilege, and being not
and less than four pages of five columns each, published at a fixed place of
WHEREAS, atter due notice " re- business and at a fixed (daily) intervals continuously in the City of
I quired by law, the Council has, at Fayetteville, Count Washington, period
! the time and place mentioned in the Y y of Washin n, Arkansas for more than a
I notice, heard all persons desiring to of twelve months, circulated and distributed from an established place of
lie heard on the question and has
ascertained that the streets and al- business to subscribers and readers generally of all classes in the City
let's Hereinbefore dicatedea, the & County for a definite price for each copy, or a fixed rice per public use
been dedicated to the
p p annum,
public sae a ldna alleys, which price was fixed at what is considered the value of the publication,
have not neinn yactuallyfor peed by upon the news value and service value it contains, that at least fifty
generally public generafora period of at y
least five years subsequent to the percent of the subscribers thereto have paid cash for their subscriptions
ailing of the plat: that all the own.
s of the property abutting upon to the newspaper or its agents or through recognized news dealers over a
rhe street to be vacated have filed
I. ith the Council their written con- period of at least six months ; and that the said newspaper publishers an
sent to such abandonment and that average of more than forty percent news matter.
public interest and welfare will not
be adversely effected is the lban- I further certifythat the legal notice hereto attached in the matter of
son mens el such streets and alleys:, g
NOW. THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYEITEVILLE, `']. ,
ARKANSAS-
SECTION
4 n KANSAS (!_��^_GG__________________
SECTION 1. The City of Fayette' ----------- —
Inea Arkansas, Hereby relights.
together
and abandons all its rights, I
together with the rights of the pub- was published in the Jregular daily issue of said newspaper Yor___.[-.___.._.._
is generally, si dna to the street: XADAccuU a insertio.y as follows:
Thaalleys designated as follows:
That part he Peru Avenue extend-
ing from the South line of Roehor G
Street to 64 feet South ee , a Sout), The first insertion on the -- - _....._ __.. day of n� 19 G.j'
line of ngGrandviewSouth o Street, and the
alley lying South or Lots . 3, 4, 3,
e, dna North LOU a.. s, le and the second insertion on the day of _—__.—_— 19—__
. ta
It of Block and also all of that
Part of Grandview Street lying
Fast
South f Paris d Lots leg, 9,10 and ]ad gl the third insertion on the day of __ 19—
of said Black 6, all in ROcitflar
Heights Addition to the City, and the fourth insertion on the - __.____ a ,,! __ 19
Fayetteville. Arkansas, as per -y-lay
of acid addition on file in the of U �M_
of the Circuit Clerk and Ex-
Recorder of Washington Co
Arkansas, anders written agreement
> landowneq provide alternate
o-
tension of Pariskplat Avenue re defor '
-:tion and Papid alleys.
. area [o[ ' -_-� 9s-/_( d8 of _
-ew rain. d survi to conform ; Sworn to and subscribed before me on this _ y
----------
� , terrain, reserving unto said
-i0, of Fayetteville. Arkansas.
711t
ax
rdl'.and mAlens an easement
-r right of way on, over. under and -_--__- -e� ______-_____ �-
'ross-.the Parton of said altercate ''
of co Arid tlhys for the purpose .
.�f vrutyring g, installing, oyer- 1 //�
.ting. Iav7nR and relaying, relo- � . ���(((
I sting anti maintaining all public
utilities-now located or which may ry Public
hereafter be located noon paid at.
ternate streets and alleys by said
City. or any corporation having a
franchise or right of way from :ala My Commission Expires:
City, As a condition to the closing of
said streets and alleys. the City
.hall be held free and harmless -
-nm liability as to any claitpe
' he abutting owners for damages
., the property described herein,
hick may result from the City or ��-
ther utility companies construct- ,
Feta for Printing
g. installing. operating. ]eying )
- ^.tl relaying. relocating and main- I
"• .ntng all public utilities which Cost of Proof ...___—
-,,IV hereafter he located upon said �---------------
:ternate streets and alleys and
-.irther that the petitioners aeree o
'. hat they will refrain from alter- Total
-.a or changing the Grade of the
' erram. which would "use damage
o utility lines located in that area.
SECTION 2. A copv of this Ordi-
- .c:ce duly certified by the Citv
,"lerk shall be filed in the office of
' he recorder of the county and re- ,
orded in the deed records of the l
ount,v
SECTION 3. This Ordinance shall '
take effect and be In force from
and after its passage, approval and
pphlic+tion.
v `Iccrn ,\ND ApPRnVFD this
Slavor
FORCE J. DAVIS.
Clerk 30-1t-c