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AN ORDINANCE TO ABANDON AN UNUSED ALLEY RUNNING EAST AND WEST BETWEEN SMITH STREET AND FLINT STREET IN THE BLOCK IN JONESBORO, ARKANSAS, BOUNDED ON THE EAST AND WEST BY SAID STREETS AND ON THE NORTH BY OAK STREET AND ON THE SOUTH BY CHERRY STREET
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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 3rd day of January, 1949, asking the said Council to vacate and abandon the alley running in an east-west direction from Smith Street to Flint Street through the center of the block in Jonesboro, Arkansas, bounded on the east by Smith Street, on the west by Flint Street, on the north by Oak Street and on the south by Cherry Street, more particularly described in Deed Record 17, Page 428 in the Office of the Circuit Clerk and the Ex-Officio Recorder of Craighead County, Arkansas, at Jonesboro, Arkansas, as follows:
Begin at the northwest corner of Witt’s Subdivision of Block 16 of Knight’s First Addition to Jonesboro, Arkansas, thence south 145 feet to the point of beginning; thence east 300 feet; thence south 10 feet; thence west 300 feet; thence north 10 feet to the point of beginning.
WHEREAS, after due notice as required by law, the Council has, at the time and place mentioned in said notice, heard all persons desiring to be heard on the question and has ascertained that the alley hereinabove described has heretofore been dedicated to the public use as an alley; 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 plat, or for a period of ten years next before the filing of this petition; that all the owners of property abutting on said alley to be vacated have filed with the City Council their written consent to such abandonment; and that the public interest and welfare will not be adversely affected by the abandonment of said alley as above described.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JONESBORO, ARKANSAS:
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 the northwest corner of Witt’s Subdivision of Block 16 of Knight’s First Addition to Jonesboro, Arkansas, thence south 145 feet to the point of beginning; thence east 300 feet; thence south 10 feet; thence west 300 feet; thence north 10 feet to the point of beginning.
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 on the above described alley are permitted to close up 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 owners shall take title to the centerline of the alley so abandoned and such ownership shall be free of the easement of the City for public use as an alley, except that the City shall retain the right to enter onto said above described land for the purpose of making repairs to a storm sewer thereon, PROVIDED, this Act shall not affect suits now pending in any of the courts of this State.
PASSED AND ADOPTED on this 10th day of October, 1949.