HomeMy WebLinkAboutOrdinance 1574 SPATE of ARKANSAS
O -f INaN g NO l . ° as.
NAti . e , C i ANDI County of Wastyipgto
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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