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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