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HomeMy WebLinkAboutOrdinance 1523 VOL FILED FOR RECORD ORDINANCE NO . 1523 11 PM 21 DED '66 COUNTY AN ORDINANCE VACATING A CERTAIN ALLEY IN HOUNTAItillV410.4 ADDITION OYD ' CO 'NIN TO THE CITY OF FAYETTEVILLE , ARKANSAS , LLCFCU ; TCL � � n WHEREAS , a petition was duly filed with the Board of Direc - tors of the City of Fayetteville , Arkansas , on the 18th day of November , 1966 , asking the Board of Directors to vacate and aban - don the following described alley in the Mountain View Addition to the City of Fayetteville , Arkansas , to - wit : A twenty foot alley located North of and abutting Lots / 1 and 2 and South of and abutting Lots 9 and 10 in v" Block '7 of Mountain View Addition to the City of Fayette - ville , Arkansas , commencing at the East line of said Block 7 and extending 'Hest to the East line of the ten foot alley running North and South through said Block . and , WHEREAS , after due notice as required by law , the Board of Directors 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 been actually used by the public generally for 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 Board of Directors their written consent to such abandonment , and that the public interest and welfare will not be adversely affected by the abandonment of such alley . NOl9 , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS , SECTIO14 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 aforedescribed alley in the Mountain View Addition to the City of Fayetteville , Arkansas , As a condition to the closing of the above - described 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 or other utility companies relocating and relaying all public utilities now located in or upon said vacated alley . 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 be in full force and effect from and after its passage , approval and publication . PASSED AND APPROVED this 19th day of December 1966 . APPROVED : / s / DON TRU14BO DON TRUHBO , JR . , MAYOR �,�j s � GE K E J . DAVIS W/ VIS , CITY CLERK too . MICROFILMED DATEp'__?„01978 REEL�An � VOL C1l Pt;I;E �� CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE t I; GEORGE J . DAVIS, City Clerk within and for the City of 4 Fayetteville , Arkansas , do hereby certify that the annexed and/ foregoing is a trueand correct copy of thd� .lt/�• A�..�scr. IS2 / /� . �N therein set forth, and • the same is as it appears of Record in PROCEDURE OF CITY COUNCIL RECORD , Volume _ at Page thereof. s IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this a_Z day of GGe. w� �✓ , 19 6 0� IAtfl�f�/ ��• ..� CITY L K C � : :T , FI _ ATZ OF RECORD STATE OF ARKANSAS 55. Washington County 1, Uoyd McConnell, Circuit Clerk and Es-O'fltlo Recorder tot Washington County, do hereby certify that cha annexed or fore. going Instrument was filed for recyrd in my offico on 1:140 1. day . . . . . . 19"atl. . 0 0'clock f,. M, and the same is duly recorded in . . . N. .:rLtQ . . . record . . . at page.�o�9 fitn7`�x� .ess my hand and seal thIS2!R day of . Rf 4 d . . . . . 1-9 L1/. {, ircuit Clerk and Ex-Offico Recoder STATE of ARKANSAS L Jae. County of Washington I, ----- � . . _---- --}£._'----- "-------.., hereby certify that I am the (Gen�ral Managbr) 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 OEoiNANC[ No. Islr business and at a fixed (daily) intervals continuously in the City of AN ORDINANCE VACATING A Fayetteville, County of Washington, Arkansas for more than a period Lilt rl3, TWTAIN Ttlf'TRTRC CITY of twelve months, circulated and distributed from an established place of Lrd'RIW0t1&1A—V100nf AItK4NSAS. business to subscribers and readers generally of all classes in the City w duly ' - ' reto & County for a definite price for each copy, or a fixed price per anntlRl, aFFr ( iBe. Arkan- which ri sen �ay of Noremher, price was fixed at what is considered the value of the publication, Its Hba4tl dt Directors based upon the news value and service value it contains, that at least fifty Y��ecate PJ Aben4t Nhe.,}ollow'- t i;"deseri a ley ne Morin- percent of the subscribers thereto have paid cash for their subscriptions toll. view Addition to tjo City of to the newspaper or its a agents or through recognized l Tayelteville, Arkansas, to-wit: B B gnized news dealers over a A twenty foot alley located North period of at least six months ; and that the said newspaper publishers an of and abutting Lots 1 and 2 and South of and abutting , hots 9 average of more than forty percent news matter. and 10 in Block T of Mountain view Addition to the City of Fay- I further certify that the legal notice hereto attached in the matter of -,sate vine, Arkansas, commencing t ektending West to theocEaat 1Me of the ten foot alley rlmnins �ortL yNf youth throuFti uMitl 's^'" Atvrle-L__.._.___.__________ ---------------------------..__.__._..___..______ f EA;; after due ate . pr ,esti the Hoaid of: _ was published in the regular daily issue of said newspaper for-------- s t the time an& .cuogasaiive insertions as follows : Kite mato. J�//1� , / The first insertion on the day of _—La imiz,, 19 the second insertion on the day o4 _._._-________ 19_ t the third insertion on the _ --- -- -- --- -------------- day of _______.__ 19___ a^ d a ca '+0 that and the fourth insertion on the ----------------------- day of ___.__ _________ 19_.. . s d h to ince �-atcl ane wel' are will an- \� c ,'e cl atfecte< b t'o e. shah_ — _ Sworn to and subscribed before me on this ___ -------- day of .___.._.__-- +-rt-'iIF ARKANSAS. t . of Farette- eieaaes. �-Its rights. ------'" — 19-le-4 with the rights of the pub- ?a nerally, in and to the afore- -ibed alley in the Mountain ' _r Addition to the City of Fay- isle, Arkansas. As a condition N ry Public the closing of the Above-abed alley, the City shall be herd free and harmless from Ila- baity m to any claims of the 'e. My Commission Expires : abutting owners for damages to � the property dfacribed herein. , :her may result i[rdm the City or `2 �� rhes way tom relCit, ngl nd relaying aF ; uullres �, now �ocsted in _,or said va Gated alley. 3 SECTION 2. ATY o tlda Ordi. 3 � nance duly certiHld DT f- he City Fees for Printing Clerk shall he filed 1d :S�e office , n rhe recorder of the litY and -ded In the dead rec0rds of the Cost of Proof _____ $ itteicats lis asol ., shall Total __-___-- sG ubl I %SSZD AND ass da APPysp��� Dow S VSO 7R., MAYoe ATTEST: GEORGE Y. DAVIS, City Clerk 224te