Legislation Details

File #: ORD-48:013    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 10/19/1948 In control: City Council
On agenda: Final action: 10/19/1948
Title: AN ORDINANCE TO ABANDON AN UNUSED ALLEY RUNNING EAST AND WEST BETWEEN COUNTY (FLINT STREET) ROAD AND CULBERHOUSE STREET IN THE SOUTHWEST SUBURBAN ADDITION TO THE CITY OF JONESBORO, ARKANSAS.
Related files: ABAN-275

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AN ORDINANCE TO ABANDON AN UNUSED ALLEY RUNNING EAST AND WEST BETWEEN COUNTY (FLINT STREET) ROAD AND CULBERHOUSE STREET IN THE SOUTHWEST SUBURBAN ADDITION TO THE CITY OF JONESBORO, ARKANSAS.

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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JONESBORO, ARKANSAS:

 

THAT WHEREAS, a petition was duly filed with the City Council of the City of Jonesboro, Arkansas, on the 12th day of July, 1948, asking the City Council to vacate and abandon the alley running East and West between county (Flint Street) road and Culberhouse Street (commonly known as County Farm Road), in Southwest Suburban Addition to the City of Jonesboro, Arkansas, now appearing in Deed Record Book 26 at Page 63, of the Recorder’s Office of Craighead County, Arkansas, the property described below as follows, to wit:

 

Begin at the Southeast Corner of Lot 2, Southwest Suburban Addition, thence West 169.2 feet to Southwest corner of said lot; thence in a Southwesterly direction along said County Road 11.85 feet to the North boundary line of Lot 4, of said addition; thence East 171.05 feet to Culberhouse Street; thence North 10 feet to point of beginning, all of said description being in the Southwest Suburban Addition to the City of Jonesboro, Arkansas.

 

WHEREAS, after due notice as required by law, the Council has, at the time and place mentioned in the said notice, heard all persons desiring to be heard on the question and has ascertained that the alley or portions thereof hereinafter described, has heretofore been dedicated to the public use as are alley herein described; said alley has not been actually used by the public generally for a period of five years subsequent to the filing and recording of the plant; that all of the owners of the property abutting upon the portion of the alley to be vacated have filed with the Council their written consent to such abandonment; and that the public interest will not be adversely affected by the abandonment of that portion thereof herein described:

 

NOW THEREFORE BE IT ORDAINED by the City Council of the City of Jonesboro:

 

SECTION 1. The City of Jonesboro, Arkansas, hereby releases, vacates and abandons all its rights, together with the rights of the public generally, in and to said alley designated as follows:

 

Begin at Southeast corner of Lot 2, Southwest Suburban Addition of the City of Jonesboro, Arkansas, thence West 169.2 feet to Southwest corner of said Lot; thence in a Southwesterly direction along County Road, 11.85 feet to the North boundary line of Lot 4, of said addition, thence East 171.05 feet to Culberhouse Street; thence North 10 feet to point of beginning all of said descriptions being in the Southwest Suburban Addition, to the City of Jonesboro, Arkansas.

 

SECTION 2. A copy of the ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of Deeds of Craighead County, Arkansas, and recorded in the deed records of the Jonesboro District of said county.

 

SECTION 3. The owners of the property abutting upon the above mentioned alley are permitted to close the same upon the adoption of this ordinance and the absolute ownership of the property abandoned by the City shall vest in the owners of the real estate abutting thereon, each abutting owner shall take title to the center line of the alley so abandoned, and such ownership shall be free from the easement of the City for public use as an alley. Provided, this act shall not affect suits now pending in any of the courts of this State.

 

PASSED and ADOPTED on this 19th day of October, 1948.