title
AN ORDINANCE TO ABANDON THAT UNUSED PORTION OF OLIVE STREET DESCRIBED IN DEED RECORD 18 AT PAGE 43, IN THE CIRCUIT CLERK’S OFFICE FOR THE WESTERN DISTRICT OF CRAIGHEAD COUNTY, ARKANSAS, IN JONESBORO, ARKANSAS, AS FOLLOWS:
body
Beginning at the Southwest corner of Lot Nine (9), of Paul Hanshaw’s Subdivision of Blocks Q, R and S, of Nisbett’s First Addition to the City of Jonesboro, Arkansas; thence north twenty-three (23) feet, thence east parallel with the north boundary of Burke Avenue, Fifty (50) feet; thence South, Twenty-three (23) feet, to the North boundary line of Burke Avenue; thence West to the point of beginning.
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 5th day of January, 1953, asking said City Council to vacate and abandon all that portion of Olive Street, being North of Burke Avenue, Jonesboro, Arkansas, designated on the Original Plat of Nisbett’s First Addition to the City of Jonesboro, Arkansas, and now appearing of record in Deed Record Book 18 at page 43, in the Office of the Circuit Clerk and Ex-Officio Recorder for the Western District of Craighead County, Arkansas, in Jonesboro, Arkansas, described as follows:
Beginning at the Southwest corner of Lot Nine (9), of Paul Hanshaw’s Subdivision of Blocks Q, R and S, of Nisbett’s First Addition to the City of Jonesboro, Arkansas; thence north twenty-three (23) feet, thence east parallel with the north boundary of Burke Avenue, Fifty (50) feet; thence South, Twenty-three (23) feet, to the North boundary line of Burke Avenue; thence West to the point of beginning.
AND,
WHEREAS, after due notice having been given as required by law said City Council 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 street, or that portion of Olive Street, hereinabove described, has heretofore been dedicated to the public use as a street; that said portion of Olive Street as hereinbefore described has not been actually for a period of at least 5 years subsequent to the filing of said plat, or for a period of ten (10) years next preceding the date of the filing of said petition; that all the owners of the property abutting upon the portion of said street to be vacated, as hereinbefore described, have filed with the Council their written consent to such abandonment; and that public interest and welfare will not be adversely affected by the abandonment of such street.
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 all the rights of the public generally in and to that portion of Olive Street designated as follows:
Beginning at the Southwest corner of Lot Nine (9), of Paul Hanshaw’s Subdivision of Blocks Q, R and S, of Nisbett’s First Addition to the City of Jonesboro, Arkansas; thence North Twenty-three (23) feet; thence East parallel with the North boundary line of Burke Avenue, Fifty (50) feet; thence South Twenty-three feet, to the North boundary line of Burke Avenue; thence West to point of beginning, as shown in said plat recorded in Deed Record 18 page 43, in the Circuit Clerk’s Office, Jonesboro, Arkansas.
SECTION 2. The owners of the property abutting on the portion of Olive Street, sought to be closed and vacated, as hereinbefore described, are permitted to close same upon the adoption of this ordinance, and the absolute ownership of said described property so abandoned by the City of Jonesboro, Arkansas, shall vest in the owners of the real estate abutting thereon, and such ownership shall be free of the easement of said City for public streets; Provided this ordinance shall not effect suits that now may be pending in any of the Courts of the State of Arkansas.
SECTION 3. A copy of this ordinance, duly certified by the City Clerk of the City of Jonesboro, Arkansas, shall be filed in the Office of the Circuit Clerk and Ex-Officio Recorder for the Western District of Craighead County, Arkansas, in Jonesboro, Arkansas, and recorded in the Deed Records of said County.
SECTION 4. This ordinance shall take effect and be in force from and after its passage.
PASSED and ADOPTED on this the 19th day of January, 1953.