HomeMy WebLinkAboutOrdinance 1459 66 PACE 81 p
ORDINANCE NO , 1459
W 1965 SCP 14 Ply !: 17
LI
AN ORDINANCE VACATING AND ABANDONING AN ALLEY IN IftAp SUB -
DIVISION TO THE CITY OF FAYETTEVILLE , ARKANSAS ` QyC M'ccolvfv Y, qRI(
CIRCUIT Cc NNE< <
WHEREAS , a petition was duly filed with the City Council of the City o£ Epk
Fayetteville , Arkansas , on the secnnd day of August , 1965 , asking the City Council
to vacate and abandon the following described alley in the Read Subdivision to the
City of Fayetteville , Arkansas , to-wit.
The 25 foot alley lying adjacent to and along the North side of Lots 6 , 7 ,
8 , 9 , and 10 of Block Two , Read Subdivision of part of the NE 1 / 4 of the
SE 1 / 4 of Section 8 , Township 16 North , Range 30 West, and running
from Garland Avenue in said City to a dead end at the Northwest corner
of Lot 6 of said Subdivision , which alley is also described as beginning
at a point on Garland Avenue in Fayetteville , Arkansas , which is 640
feet North and 25 feet West of the Southeast corner of the NE 1 / 4 of .the
SE 1 / 4 of Section 8 , Township 16 North , Range 30 West and running thence
West 275 feet; thence North 25 feet ; thence East 275 feet ; thence South
25 feet to the point of beginning ,
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 alley hereinbefore described has heretofore
been dedicated to the public use as an alley ; has not actually been 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 alley to be vacated have filed
with the Council their written consent to such abandonment , and that public
interest and welfare will not be adversely affect by the abandonment of such alley .
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 afore - described alley in the Read Subdivision to the City of Fayetteville , Arkansas .
As a condition to the closing of said alley , 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 removing and relocating any public
utilities which may be located upon said vacated alley .
DATMICROFILMED
DATE DCT CT11 0 41918
REEL 17
663 PAr, 8
Ordinance No . 1459 - 2 - September 7 , 1965
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 , approval and publication. ,
PASSED AND APPROVED THIS seventh day of September , 1965 .
APPROVED:
'J"
GUY E . BROWN , MAYOR
ATTEST: -
A a» . ..w,
iA1t '
Gb� ` S . CITY CLERK
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aJ cogs
663 PAU 00
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 the
'A lam/ / therein set forth, and
6r t
the same is as it appears of Record in PROCEDURE OF CITY
COUNCIL RECORD, Volume _� at Page /A71�thereof.
IN WITNESS WHEREOF , I have hereunto set
my hand and affixed my official seal this
r ' day of
e
t� � � �' ' , . • CityC46rr
CERTi F1CA TE. Q,4` FpQQRD±
fflAT,E QF=AR HAb$A%��.
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STATE of ARKANSAS 1
ICounty of Washington as.
VACATING ANDI ant a daily newspaper•/ T NO - hereby certify that I
7 -- - ----- - - - -
IUANDONISa AN ALLEY IN ( * eral Mana er) of THE NORTHWEST ARKANSAS TIMES,
fPf READ sl' iM`V� ISION TO THE , having a second class mailing privilege, and being not
' ITY err's FAQ}0XILLE. AR- 1 less than four pages of five columns each, published at a fixed place of
5ns p �y
F Ann petltnn was-' dely business and at a fixed (daily) intervals continuously in the City of
in i4 oto,Council of thr Fayetteville, County of Washington, Arkansas for more than a period
of twelve months, circulated and distributed from an established place of
business to subscribers and readers generally of all classes in the City
t & County for a definite price for each copy, or a fixed price per annum,
to- - which price was fixed at what is considered the value of the publication,
The25 rnot Al
d
to based upon the news value and service value it contains, that at least fifty
T;
� of percent of the subscribers thereto have paid cash for their subscriptions
the nr & c. n, to the newspaper or its agents or through recognized news dealers over a
Twp. :, and run
mac in period of at least six months ; and that the said newspaper publishers an
R
{4 ache average of more than forty percent news matter.
•u also I further certify that the legal notice hereto attached in the matter of
t • point
Fayette-
to 650 feet
IP S.E. cor-
�'F. �5 dAM YE % ofl
4sl2 ��f�S�
N.. ______ .__ _
. 20 W., and _______ - _ ___ — ___--
W. 2T5 feet;
-
t h,Ince E. 275
tree r � 1» the pointint
was published in the regular daily issue of said newspaper for_of I" __.._
wRERERs. - �' , " 1 'e^"°"9'^P'insertionyf as follows :
required by lar notitt ea
t theetm� hNadrd all ventioonned in The first insertion on the __-- -. �n-_-____- .. day of. _ 19 Gs-
persion desir-
ing to be dl,
and hea yuey the second insertion on the --
the _ _._..._.. . day of __ __________ 19-------
hereinbef o-
fore been bac
use as en so- the third insertion on the __ - - ..____ day of --------------- 19_—
tually used b7 {a'aBy
for R period, years
subsequent the plat; ' and the fourth insertion on the _ - _. day of __-
that all the proper- ,
Coy \
ty abuttingqn
ve ae o enttfaend I �n--I
u the to be
W if
cil their vacated written rn mch
terest tunent, and t11et in-
verse a[ ley.by Sworn to and subscribed before me on this _---- ._!_.______-_ day of ._._.._..._.__.
NOq 16f
DA
Vi PA
S of
etteviore
A
leases,
hereby r all /f- - O�
leasee, bathe rights
alp L�t_r/c!/o
Ifs rig the riches No y Public
n[ the in and to
the of 4 in the
Read Ste City of
Fayette As a con-
dition to `of said alley. My Commission Expires :
the CI free and
aes a. to and
claims Coroners for
d
damamn ges described _
herein. from the
CON'
City ei HCR any
Public utbe lo-
i
`aupon
eSECTIO 2. Grit- Fees for Printing
mere duly ce City
Clerk shall a of 6fand
of the rrrnrthe a and (Jost Of Proof ______ $_-_._______..__-__-_
Con , rd in the deed of the
SECTION 5. This Cerdlience shall 'Total -___—
take rfl]•et and he ih force from
and after its passage, approval and
publication.
PASSED AND APPROVED this
Tth day of Sentember, 1965.
APPROVED:
GUY E. BROWN, Mayor
ATTEST:
GEORGE J. DAVIS.
City Clerk
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