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ORDINANCE VACATING AND CLOSING LUTTERLOH STREET, A PORTION OF HOPE AVENUE AND AN ALLEY LOCATED IN ELDER'S ADDITION
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WHEREAS, a petition was duly filed with the City Clerk for the City of Jonesboro, Arkansas, on January 31, 2002, requesting that the Jonesboro City Council vacate and abandon all of Lutterloh Street, that portion of Hope Avenue lying East of the East right-of-way of Carson Street and West of the West right-of-way of Bridge Street and an alley lying South of and adjacent to Lot 1 of Block "D" and North of and adjacent to Lot 1 of Block "E" of Elder's Addition to the City of Jonesboro, Arkansas, designated on the plat of Elder's Addition to the City of Jonesboro, Arkansas, appearing of record in Plat Book 9, Page 108 of the records for the Western District of Craighead County, Arkansas; and
WHEREAS, notice of the hearing on said petition was given by publication of a notice once a week for two consecutive weeks in the Jonesboro Sun as required by Resolution No. 2002:11, passed and approved by the Jonesboro, Arkansas City Council on February 4, 2002, and a hearing on said petition was held at 6:00 p.m. on Monday, February 18, 2002, in the Huntington Building located at 900 West Monroe Street, Jonesboro, Arkansas; and
WHEREAS, after due notice as required by law, the Council has, at the time and place mentioned in the notice, heard all person desiring to be heard on the petition and has ascertained that the streets and alley or the parts thereof, hereinabove described, were previously dedicated to the public use as streets and as an alley as herein described; that Lutterloh Street, part of Hope Avenue and the alley to be vacated have not been actually used by the public generally for a period of at least five (5) years subsequent to the filing of the plat; that the petitioner is the sole owner of the property abutting upon the part of the streets and alley to be vacated; and that public interest and welfare will not be adversely affected by the abandonment of the streets and alley.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas, that:
SECTION 1: The City of Jonesboro, Arkansas, releases, vacates and abandons all its rights, together with the rights of the public generally in and to the streets and alley designated as follows:
All of Lutterloh Street; that part of Hope Avenue lying East of the East right-of-way of Carson Street and West of the West right-of-way of Bridge Street; and an alley lying South of and adjacent to Lot 1 of Block "D" and North of and adjacent to Lot 1of Block "E" of Elder's 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 the County and recorded in the deed records of the County.
SECTION 3: This Ordinance shall take effect and be in force from and after its passage.
PASSED AND ADOPTED this 4th day of March, 2002.