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HomeMy WebLinkAboutOrdinance 1574 SPATE of ARKANSAS O -f INaN g NO l . ° as. NAti . e , C i ANDI County of Wastyipgto '\ ., n, Tr DF �l1 f Ile. c TN > c ::nlr �.t � FE RTEO 'n AYF . , . VItLti 4, iS LC 1'I'Y OF FADI;. "' 'II.LE, . SAS. - I, -. ._ _ ____--__--___---_- -_-_--_-____—___- hereby certify that I EAS. a Petition was d :N the Board .of Diram the General Manager) of THE NORTHWEST ARKANSAS TIMES, - city o1 Fayetteyule, A a daily newspaper having a second class mailing privilege, and being not on the 911) day Of August, asking the: Board of Dirac- less than four pages of five columns each, published at a fixed place of a to vacgte and abandon the o„ing ptirtion of Waunetta business and at a fixed (daily) intervals continuously in the City of ��cet located in Bochfer Heights Fayetteville, County of Washington, Arkansas for more than a period idition to HuF City of Fayette- r Arkansao, 'U Wil: of twelve months, circulated and distributed from an established place of That mart Of WauO<tta Avenue -,g between Lot pn. .ttt, Bloct business to subscribers and readers generally of all classes in the City nne Lit. ti Inguen ill ), ,S, County for a definite price for each copy, or a fixed price per annum, [aocle Two 12) of ROchtgr Heights �ddltion to the City of Fayette- which price was fixed at what is considered the value of the publication, A , leiFT as Der«��he redof the plat based upon the news value and service value it contains, that at least fifty leer f. Spar a/tire of nye Cr- P Y ,t Clark and Et-OfficlO Re percent of the subscribers thereto have paid cash for their subscriptions of waah( lArl0h County, to the newspaper or its agents or through recognized after due notice r g g gnized news dealers over a ) AS the Board of ne- period of at least six months ; and that the said newspaper publishers an he time and plana average of more than forty percent news matter. notice. heard aR be nears on the I further certify that the legal notice hereto attached in the matter of nc ascertained heard o that Y g vnion described of a[he street herrinhereon- - dedicated hes heretofore dedicated to the public ux ,street: has not actually been ' by the public subaeeuent to _- ; ding of the Plat: that all the , ., ncrs of the property adjoining .,nd abutting upon the street to he was published in the regular daily issue of said newspaper for -acted .have consented to then nspgevtncrl and Nat public in- eaNgeeWi4te insertiory as follows: .crest and w'e4ere will net be ad r., 7 . 'fected by the abandon- I - : .,rh Street. The first insertion on the __ 1 __ day of __. _ 19G7 SO¢' THEREFORE BE IT OR- DAINED BY Ttfl BOARD or DI- RECTORS OF 4tfE CITY OF FAY- the second insertion on the __----- _____ _-______ day of _ _ -- 19—__._ ETrEVILLE, ARKANSAS: SECTION 1. The City of Fap- I etteville. Arkansas. hereby re- the third insertion on the da of __________ leases. vacates and - abandons all Y ----_ 19____.__ of public genera y In and to Wa n its edescri Street iFe he Rochien and the fourth insertion on the _--_ - ____. d of Cm/1c -- Its rights, dti - t e r g of I` together Heights Addition n the ser of unto e, ilie. Arkansas. s v __ easement or right of way tm lnl feet cn etcher side of any existing public utility now located or upon said atreet. said easement or Sworn to and subscribed before me on this ----- day of right of ss t to he on, over, under etta and acorea the vacated of the pur- pose hereby vacated for the . re- pose of operating,relaying ainittg, re- locating G krcating and rele)Yng all public ___-- .- -._____ ____-_ _.__..._-_.....______._-____ 19..-_.. .��.. utilities new located in Or tgeO said vacated street aV said Cllr / or any corporation hay iii i flan- (� ohiae or right of way the t said ---------/ry City. .4s a condition to tJt< closing -- - - — -- --------- of the above described portion of NOublic Waunetti Street, the City shall be held free and harmless from lia- bility ab to any claims of the abut- ting owners for damages to the Y P properly described heroin, which may resuit from the City or other utillily companies operating, main- is ain- taiZg�1mating and relaying an - ----------- - ------------ publte ttlliltim now located to or NDdn-said trawled street, and fur- thrr the Petition and owners agree feat they wilt refrain from Fees for Printing _...__ si6astna . or ohawging the grade of the HO-90%. whichwould cause dargeke b .flilit* Utes located in Cost of Proof ____ $- _______________ hat area SECTIONuh 2. r fcopyled, of the Orth- �p Clore dvlc cerftlsd isiboy the City Total _--- --- Clerk aF.att be fof t %en the Office $- -' of N. d in t er a the County and recorded in the deed recoros of the Coun T SECTION a Ordinance shill be f in lull force end effect from end after its passage, approval and publication. It PASSED AND 11 . 1967. LD this fifth tlay O ED: W r. 1g67. S, P IA ID: A- ig SP'.4AT2 Aas't )Hay's' A• ,g Ma)or EOP(r GE'OAr'E T DAVIS ?I lie ' r7 ORDINANCE N0 . O��---�� 3 AN ORDINANCE VACATING AND ABANDONING A PORTION OF WAUNETTA AVENUE IN ROCHIER HEIGHTS ADDITION TO THE CITY OF FAYETTEVILLE , ARKANSAS . WHEREAS , a petition was duly filed with the Board of Directors of the City of Fayetteville , Arkansas , on the 28th day of August , 1967 , asking the Board of Directors to vacate and abandon the following portion of Waunetta Street located in Rochier Heights Addition to the City of Fayetteville , Arkansas , to -wit : co �!rh4t part of Waunetta Avenue lying between Lot . =-0rWzc( 1 ) , Block ONe ( 1 ) , and Lot Eleven ( 11 ) , 4� Vic& Two ( 2 ) of Rochier Heights Addition to the .-r "fit of Fayetteville , as per the recorder plat . L 2 :£tLereof , in the office of the Circuit Clerk and w Ex-Officio Recorder of Washington County , Arkansas . J rn S ti WHEREAS , after due notice as required by law , the Board of Directors has , at the time and place set forth in the notice , heard all persons desiring to be heard on the question and has ascertained that the portion of the street hereinabove described has heretofore been dedicated to the public use as a street ; has not actually been used by the public subsequent to the filing of the plat ; that all the owners of the property adjoining and abutting upon the street to be vacated have consented to the abandonment , and that public interest and welfare will not be adversely affected by the abandon - ment of such street . NOW , THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS 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 above described portion of Waunetta Street in the Rochier Heights Addition to the City of Fayetteville , Arkansas , reserving unto said City of Fayetteville an easement or right of way ten ( 10 ) feet on either side of any existing public utility now located in or upon said street , said easement or right of way- to be on , over , under and across the portion of Waunetta Street hereby vacated for the purpose of opera - ting , maintaining , relocating and relaying all public utilities now located in or upon said vacated street by said City or any corporation having a franchise or right of way from said City . As a condition to the closing of the above described portion of Waunetta Street , 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 operating , maintaining , relocating and relaying all public utilities now located in or upon said vacated street , and further the petitioners and owners 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 . DATFILMED E ag //}} a DATE oCT X1978 BOOK 714 PAGE 429 REELJ� SECTION 2 . A copy of the 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 publicat ' on . PASSED AND APPROVED this day of , 1967 . APPROVED : MAYOR ATTEST : GE RG AVIS , CITY CLERK BOOK 714 Part 420 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� f Laf 4L therein set forth, and T the same is as it appears of Record in PROCEDURE OF CITY COUNCIL RECORD , Volume _ at Page thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this ay of 4124 . •Pi✓ 19 1 0 CITVCLERK r BOOK 714 PATE 431 ♦ . !:; • i :CERTIFICATE OF RECORD 16 + " SATE OF ARKANSAS ] Washington County ] SS. I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for Washington County, do hereby certify that the annexed or fore- going instrume was filed,for record in my�fflce on the day 1 Ta 'J , ;lo=Wotan the s o is duly recxded in ---_-_.___record at pa„� G Witness my hand and seal thi day of !& Circuit Clerk and Oapwy Cleric