title
AN ORDINANCE VACATING AND ABANDONING A PORTION OF THE PUBLIC EASEMENT ON LOT 8 OF MELTON MANOR ADDITION TO THE CITY OF JONESBORO, ARKANSAS.
body
WHEREAS, a petition was duly filed with the City Council of the City of Jonesboro, Arkansas, on the 29th day of September, 1988, asking the City Council to vacate and abandon a portion of a public easement on Lot 8, Melton Manor Addition to the City of Jonesboro, Arkansas; and
WHEREAS, said public easement was granted to the City of Jonesboro pursuant to the Dedication Deed recorded in Deed Record Book 162 at Page 508 of the Records of the Jonesboro District of Craighead County, Arkansas and also pursuant to the Plat of Melton Manor Addition to the City of Jonesboro, Arkansas recorded in Plat Deed Record Book 158 at Page 5 in the Records of the Jonesboro District of Craighead County, Arkansas; and
WHEREAS, after due notice as required by law, the Council has, at the time and place mentioned in the notice, heard all persons desiring to be heard on the questions and has ascertained that the easement hereinbefore described has heretofore been dedicated to the public use as a public easement; has 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 all the owners of the property abutting upon the portion of the easement to be vacated have filed with the Council their written consent to the abandonment; and that public interest and welfare will not be adversely affected by the abandonment of the easement.
NOW, THEREFORE, be it ordained by the City Council of the City of Jonesboro, Arkansas:
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 easement designated as follows: (Beverly Enterprises)
Part of the Northerly 5 ft. of Lot 8, Melton Manor Addition to Jonesboro, Arkansas to wit: Begin at the Northeast corner of said Lot 8 on Southwest Drive, run South 43°55' West along Southwest Drive 5.00 ft.; then run North 46°05' West 212 ft. to the East edge of a 40 ft. Easement line; then North along said Easement line 8 ft. to the Northerly line said Lot 8, then run South 46°05' East 218 ft. to the point of beginning.
SECTION 2: A copy of this Ordinance duly certified by the City Clerk shall be filed in the Office of the Recorder of Craighead County and recorded in the deed records of Craighead County.
SECTION 3: This Ordinance shall take effect and be in force from and after its passage.
PASSED AND ADOPTED this 17th day of October, 1988.