1403 000024
ORDINANCE NO. 1403 ( #8 -10)
AN ORDINANCE VACATING AND CLOSING A PORTION OF BERTHA STREET,
JACKSONVILLE, ARKANSAS (GENERAL LOCATION: A PORTION OF BERTHA
STREET BETWEEN NORTH JAMES AND JEFF DAVIS STREETS, JACKSONVILLE,
ARKANSAS); AND, FOR OTHER PURPOSES.
WHEREAS, the Jacksonville City Coundl hosted a Public Hearing regarding the
closure and abandonment of a portlon of Bertha Street on May 6, 2010, with notice duly
published as required by law. At said Public Hearing, the written approval of all adjacent
property owners was presented and utility companies expressed consent to the dosing of
said street, subject to preservation of easement rights for said utilities.
NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
111 COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: The Public Right -of -Way Easement being abandoned is
more particularly described as follows:
The West 178.0 Feet of Bertha Street lying between Lot 53, Block 2, and
Lot 3, Block 1, Brown Addition to Jacksonville, Arkansas, as recorded in Plat
Book 4, Page 283 at the Circuit Clerk's Office of Pulaski County, Arkansas.
(GENERAL LOCATION: The West 178.0' of Bertha Street tying between
North James Street and Jeff Davis Street as located in the City of
Jacksonville, Arkansas)
Said Right-of-Way Easement is hereby abandoned under the powers granted to Cities of
the First Class in the State of Arkansas, subject only to reservation of easement rights and
privileges for private and municipal utility companies. The Mayor and City Clerk are
hereby duly authorized and directed to approve the appropriate documents designating
the Easement as described above closed and abandoned. The real property rights
described herein shall revert to the current adjoining property owners, identified as
Richard E. and Rhonda G. Penn and Leanne Elliott and C. G. Shireman, of the real
property affected in accordance with State law.
SECTION TWO: A copy of this 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, hereby amending the plat in the Pulaski County Circuit Clerk
Records.
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ORDINANCE NO. 1403 ( #8 —10)
PAGE TWO
SECTION THREE: All Ordinances or parts thereof In conflict herewith are
hereby repealed to the extent of said conflict.
SECTION FOUR: This Ordinance shall take effect immediately upon
p assage and publication, as provided by and subject to the requirements of applicable
law.
APPROVED AND ADOPTED TH r * 4 ' ■ MA Y, 2010. /
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