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HomeMy WebLinkAboutOrdinance 1437 ! F44 PnE 64 ORDINANCE N0 , l "'14 k-0AN �� N pi7p K1 MEREDITH THSNCE TO AINNORDINANCE ND TREET , THESTUBBLEFIELDIADDITION418ATONTHE C '. F^ FAYETTE- VILLE , ARKANSAS , TO INCLUDE IN SAID ABANDONMENT ALL RE , A� 02�$ ,SND EASEMENTS FOR PUBLIC UTILITIES UPON , OVER AND UNDER SID ;%A /iNDQNIy g ' STREET . Cp%<) �, CC;� S ' WHEREAS , the City of Fayetteville Arkansas , by Orc�i'n n g ;N00 lt 1418 , passed and approved November 9 , 1914 , vacated and abandoall its rights , together with the rights of the public generally , in and to the street designated as all of Meredith Street which is the extreme street running East and West of Blocks 4 and 6 in Stubblefield Addition to the City of Fayetteville , Arkansas ; WHEREAS , in said Ordinance No . 1418 said City reserved an ease- ment or right of way , on , over , under and across the portion of said street 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 ; WHEREAS , a Petition has been filed before the City Council showing that the property adjacent to said closed street is in open land and that no utilities are now or proposed to be located on said closed street and that purchasers of said property are proposing to erect a church building over said closed street but the title to said lands is encumbered by the above reservation of easement by the City , and that no useful public pur- pose would be served by the reservation of said easement for public util - ities thereon ; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE , ARKANSAS : SECTION 1 . The City of Fayetteville , Arkansas , does hereby re- lease , vacate and abandon 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 Stubblefield Addition to the City of Fayette- ville , Arkansas . SECTION 2 . That all that portion of Ordinance No . 1418 insofar as the same attempts to reserve to the City of Fayetteville , ' Arkansas , its successors and assigns an easement or right of way on , over , under and across a portion of said street so vacated for the purpose of con- structing , 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 , is hereby repealed and said Ordinance No . 1418 is hereby amended accordingly . M10,0FIL 0 0 1918 DAZE REEL $rdinance No . age o 644 PAGE 6� SECTION 3 . 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 4 . This Ordinance shall take effect and be in force from and after its passage , approval and publication . PASSED AND APPROVED this-4� day of March , 1965 • APPROVED : A i 11 jfw GUY WN , MAYOR J f AT \ T : * T � s 0 E . S , MTY7LERK 644 PACE 66 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 t ' 0 1 ,jIo9 '10f therein set forth , and the same is as it appears of Record in PROCEDURE OF CITY COUNCIL RECORD, Volume S at Page thereof . IN WITNESS WHEREOF , I have hereunto set � Ct 1 Arf (jF� my hand and affixed my official seal this day of 19 las- N v S + h r COJOI gig City le CERTIFICATE OF RECORD STATE OF ARKANSAS Washington County j 55. I, Lloyd McCannell, Circuit Clark and Ex-Officio Recorder for Washington County, do h:reby certify that the annexed or_fgra got�g�in..+�ttr^rum--ent was filed for r_c�o in my office on the y ot.7/ft+'! . . . . . 9� (! o''clocOl? M ,Ind the sa a iq duly recorded in . . . �e���ord . . 7` . at p Me. //fF Witness my hand and seal thisx. :day _ Circugr Clerk and Ex-Offico Recoder STATE of ARKANSAS as. County of Washin n L4ipol-Nati4es — li��U1L1� 40 + `oe I'V=I) e qo: un 11 1 AN ORiS114FW1 1T0 DOA- I, _ ._.. —_—__ hereby certify that I DI ANCE;' NO- '� 1418, VXCATDIG am the ( General Manager) of THE NORTHWEST ARKANSAS TIMES, ANDAhAH NTNG, MEREDITH S,ELry,gINHETUHBLEFIELD a daily newspaper having a second class mailing privilege, and being not AD TpIU `TOT CITY 'OF FAY ETTEVII41:E: ARKANSAS, TO IN- less than four pages of five columns each, published at a fixed place of CLUD4IN2 V,AIDT}ASE- OBS DONM NT business and at a fixed (daily) intervals continuously in the City of ME�ySE}gp r}FUSf:IC JUXII'?TIEs Fayetteville, County of Washington, Arkansas for more than a period Up ENV 0 A'NDALINDERt 9AID of twelve months, circulated and distributed from an established place of AB p6NDONED vyTREET,- �tY&EASOthG[3itY,,Of 'F,arette= business to subscribers and readers generally of all classes in the City ii9W'vpeeat seen abbato Ordinance aallll io. s 6c Count for a definite rice for each co ' y p copy, or a fixed price per annum, rignia, t getheywitlt,the�rl�h(s of which price was fixed at what is considered the value of the publication, the pu iia kenerally, tri and to the street dulgnoted As all of Meredith based upon the news value and service value it contains, that at least fifty Street$w� hhlf(h is the extreme street a d anxnl¢(ub'q-bl'rwest gfa jocks 4 Percent of the subscribers thereto have paid cash for their subscriptions §A, to the newspaper or its agents or through recognized news dealers over a the. Cit of FaIetteville. Arlretuaa: �Qyg gfg Vn,a�Itt\Urainance,No: period of at least six months ; and that the said newspaper publishers an 1 19 isafe� City, reaerv»ed rari ease- averse of more than fort percent news matter. tttFut or alggt<o[[K'I .on; dyer, un- g Y der and at a. to pf self 'street . vadaulea {gvtnet`iu4pu+e bf I further certify that the legal notice hereto attached in the matter of rang ct -' nataRI! ope,ating. Isy{ ♦- ' t 77��yying'y}{{{�e�rel`gqccatingi 'aadjI at r IC PIIDllefereaftes -� now Ibca{ed'�oy which may hereafter be 11 it said v��a,fYrcated street havinQ e [*a ehfielor'i'iR ration IT, Bela City: was published in the regular daily issue of said newspaper wxEREASN[s!P`ItHSu o Lias sheen . riled. before, t a city coadja snow- 941aB0eat}pe insertion/ as follows : J Yng'1that,•et ?gperty adjacent to n` in el t; eat L in open land 26 ane that no utilttirs are now or The first insertion on the _.-_---d..—____.. day of — proposed , to be located on mid closed street and that purchasers of as As erty_ are proposinf to the second insertion on the --.___—_._—_ day of _—_— 19_— erlcalsaa eti rchboff ngtovet taetd' dosed 'aQset but ttie. fltlA, to said landp,{s�-e barge by the atiove the third insertion on the __-__—_ — day of —_ 19— realY<a{lo " ot, �lemerit , 'irtbe City, an Q that no, useful publl, purpose woube ' rv, d by ttie rnervetlon Id Be dfutd" enf'for- public utilities and the fourth insertion on the ____._ day f __.__ 19—_ thereon; Y �� ^ \ 1 TT OA- NOW 4,THEAEFORE: HE OF THE HY iTKE.CYETTEVNCIL Vw` OF THE GITY OF Fo 44) ri1.E.,I ARKANS'Me:+ 1' 1: . I SECTION 1. The C t( of Fayette- AC Ville. Arga us,dTrA. .hereby re- 1 Sworn to and subscribed before me on this __��—___ day of lease, vacate and ebanddn all` its _—_--. rights. together with the rights of the publlc generally. in and to the stmt desigated,as follows: All of Meredith Sgeej ,wgbh to the ex, tremystreef'gunningg East and Westl --- -Q7-"-'- G of Hlogk_'a - I-ari Cl.ity Fayetteville Addition'{d the City ofFayetteville. Arkansas: Ch-✓I Lt6+[ SApTIqN Z:' That' all that bas the , ------ as Ordinance No11418 insofar ,9 the Notary Public same d$emppta ' Yile,.a, ul the City, of :},'}Yflteville,,,Aikense nt succesaI o end a n, ov nn eaeemeht or right of way of over. under and My Commission Expires : aeries a portion of mid street ao va- �j 2114 Tela the Durpoae of construct- Q— Ing. Installing. operating, laying tai releylI relocating, and mein- tqtaing; pH Vuglic. r, f reaft lo= ICA 1.m I of, wNch "Tancato etree ba located upon 'said vacated street aaff franc or any corporation having , Fees for Printing q . franchlx or right ot ,iwae from — $— eald CttY 'Is" re , 'ra eeled and "Id 'OrpI anee Nu. 1418 L hereby ) camended aecordingly. , 1.Ills Cost of Proof --_ Un`Zp 4114 'artfr{epY Of d bytsbe City Clerk ihl+lli� filed th the'dffi�e 'of� Total —_ $ ,the recorder of. the county and re- corded in the deed records of the county. ' SECTION a. This Ordinance shall Itakf effect snd..be igvforge . from and after pp its'pasuge, approval and pN,p'A'S$EDnANDtA AOvE�ethis lit CIA y Of March. A$ROVED: r Gl}Y E. RAOWN, Mayor ATTEST: GEORGE J. DAVIS, STATE of ARKANSAS as. _ County of Washin n legal N^tfees— - - - 11 ORCIM/1MC[ Na. AN ORDINANCE TO AMEND OR Ir -__--. __ . _... .._____-___.-_ __-___. _____________________ __r hereby certify that I DINANCE NO. 1418, VACATING General the e Mang AND ABANDONING MEREDITH ( * ger) of THE NORTHWEST ARKANSAS TIMES, STREET IN THE STUBBLEFIFI.D a daily newspaper having a second class mailing privilege, and being not ADDITION TO THE CITY OF FAY- ETTEVII.I.E, ARKANSAS, TO IN- less than four pages of five columns each, published at a fixed place of S CLUDE IN AID ABANDONMENT business and at a fixed (daily) intervals continuously in the City of ALL RESERVATIONS AND EASE. MENT OVER AND UNDER SAES Fayetteville, County of Washington, Arkansas for more than a period ABANDONED STREET. of twelve months, circulated and distributed from an established place of WHEREAS. the City of Fayette- business to subscribers and readers generally of all classes in the City ville, Arkansas, by Ordinance No. 9. 1964, vacated and abandoned all its & County for a definite price for each copy, or a fixed price per annum, rights. together with the rights of which rice was fixed at what is considered the value of the publication, the public generally, in and to the P street designated as all of Meredith based upon the news value and service value it contains, that at least fifty Street which is the extreme street running East and West of Blocks 4I percent of the subscribers thereto have paid cash for their subscriptions and 6 in Stubblefield Addition to to the newspaper or its agents or through recognized news dealers over a the Citv of Fayetteville. Arkansas: WHEREAS, in said Ordinance No. ' period of at least six months ; and that the said newspaper publishers an 1418 said City reserved an ease- merit a Of more than fort ercent news matter. merit or right of way, on. over, un- g y P der and across the portion of said street vacated for the purpose of I further certify that the legal notice hereto attached in the matter of aorulructing, installing• operating, laying. and relaying. relocating and msintalning all public utilities now located or which may hereafter he located upon said vacated street ---- ---------------------__- hr said Citcorporation having franchise or se or right-of-way / from said City: was published in the regular daily issue of said newspaper for ....... . WHEREAS. a petition hes bees , filed before the City Council snow- oeReeelaiwe msertwnw as follows: l inR that the property adjacent to rA said closed street is in open land - and that no utilities are now orl The first insertion on the -____�''____ _ - __ day of �----- _- 19______-- proposed to be located on mid ors f said streeted property area proposinurrih g eto erect a church building oyer mid the second insertion on the _- -- _____ _-_-__ day of ____---__------_--_ closed street but the title to said lands Is encumbered by the ebnye the third insertion on the reseuveNon of easement by the City, -------- day Of —-----------____ 19-- and that no useful public purpose ' would be served by the reservation of mid easement for public utilities and the fourth Insertion on the ___ - . ----- day f _-_-_^_--___-______ 19__ thereon: —/ ,1_ � ' � �� \ ' NOW. THEREFORE BE IT OR- �,J ^e'_Vx1 - DAiNED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: --- --- SECTION 1 . The City of Fayette- ville. Arkansas, does hereby re- lease, vacate and abandon an its Sworn to and subscribed before me on this ___'S.__.---- .---- day of _. rights. together with the rights of the public generally, in and to the street designated as follows: All of Meredith Street which in the ex- 2 _ - - _—_ treme street runningg East and West �� -------------- 19----- _ of Blocks 4 and i o Stubblefield ��� of ltionack to the City of Fayetteville, Arkansas. ____________ law SECTION 2. That all that portion -------------------------- of Ordinance No. 1418 Insofar as the Notary Public some attempts to reserve to lite City, of Fayetteville. successors and assigns an easement or right of way on. over, under and My Commission Expires: across a portion of mid street so va- cated for the purpose of construct- ing. installing. operating. laying and relaying, relocating, antainind cated of 1 whichi maynities now herreafter be t/ located upon said vacated street by said City. Fees or any corporation having Ffor Printing r a franchise or ri8ht of way from g ---- $------- -� J said City, is hereby repealed and said Ordinance No. 1418 is hereby Cost of Proof _---- $_ amended accordmglY. ----------------- SECTION 3. A copy of this Ordi- nance duly certified by the City (/- Clerk shall be filed in the office of Total ____-____ the recorder of the county and re- corded In the deed records of the county. SECTION 4. This Ordinance shall take effect and be in force from and after its passage, approval and publicsion PASS AND APROVED -this 1st day of March. 1965. APROVED: GUY E. BROWN. Mayor ATTEST' GEORGE J. DAVIS, City Clerk >It-e