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ORDINANCE NO. M-84
AN ORDINANCE PROVIDING FOR THE VACATION AND ABANDONMENT OF THE DEDICATED, UNIMPROVED FORTY FIVE (45) FEET OF RIGHT-OF-WAY ON THE NORTH AND WEST SIDES OF THE PROPERTY
LOCATED AT AND
COMMONLY KNOWN AS 3417 U OF A WAY.
WHEREAS, a petition was duly filed with the Board of Directors for the City of Texarkana, Arkansas, asking that the Board vacate and abandon all that portion of the following described right-of-way located in the City of Texarkana, Miller County, Arkansas, save and except and subject to the reservations specifically set out therein, to wit:
The right-of-way is described as the 45-0" wide strip of land for road purposes along and adjacent to the West and North sides of the five (5) acre tract of land described as a part of the SE1/4, SW1/4, Section 4, Township-15-South, Range-28-West, Texarkana, Miller County, Arkansas, and more particularly described as follows;
BEGINNING at an "x" mark set in concrete curb and gutter of East 54th Street, same being the South boundary line of Section 4, T-15-South, R-28-West, same also being on the South right-of-way line of Interstate Highway No. 30, said POINT OF BEGINNING being South 87º 50 East, 255.00 feet from the centerline of Texarkana Loop No. 245;
THENCE - North 03º 30 01" West, 59.16 feet with the South right-of-way line of Interstate Highway No. 30 to a 1/2" reinf. steel set for corner;
THENCE - North 11º 30 26" East, 218.94 feet with the South right-of-way line of Interstate Highway No. 30 to a 1/2" reinf. steel set for corner;
THENCE - North 59º 57 00" East, 585.37 feet with the South right-of-way line of Interstate Highway No. 30 to a 1/2" reinf. steel set for corner;
THENCE - South 02º 10 00" West, 581.72 feet to a 1/2" reinf. steel set in the South boundary line of the above mentioned Section 4;
THENCE - North 88º 24 26" West, 524.97 feet along the above mentioned Section line to the POINT OF BEGINNING and containing 5.00 acres of land, more or less. Basis of Bearings is Arkansas Highway Department Interstate Highway No. 30 right-of-way.
SAVE AND EXCEPT a strip of land reserved for road purposes 45-0" width along and adjacent to the West and North boundary lines of above described tract of land;
SUBJECT TO such rights as may be vested in the public for a street designated as 54th Street (Old Clay Pit Road) along the South boundary line of the above described tract of land.
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 question and has ascertained that the right-of-way hereinbefore described, has heretofore been dedicated to the public use as a street; has never been improved or used as a street and, without limiting the generality of the foregoing statement, 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 or instrument originally dedicating the right-of-way; and that public interest and welfare will not be adversely affected by the abandonment of the right-of-way.
NOW, THEREFORE, BE IT ORDAINED, by the Board of Directors of the City of Texarkana, Arkansas, that:
Section 1. The City of Texarkana, Arkansas, hereby releases, vacates, and abandons all its rights, together with the rights of the public generally, in and to the following described lands located in the City of Texarkana, Miller County, Arkansas, save and except and subject to the reservations specifically stated:
The right-of-way is described as the 45-0" wide strip of land for road purposes along and adjacent to the West and North sides of the five (5) acre tract of land described as a part of the SE1/4, SW1/4, Section 4, Township-15-South, Range-28-West, Texarkana, Miller County, Arkansas, and more particularly described as follows;
BEGINNING at an "x" mark set in concrete curb and gutter of East 54th Street, same being the South boundary line of Section 4, T-15-South, R-28-West, same also being on the South right-of-way line of Interstate Highway No. 30, said POINT OF BEGINNING being South 87º 50 East, 255.00 feet from the centerline of Texarkana Loop No. 245;
THENCE - North 03º 30 01" West, 59.16 feet with the South right-of-way line of Interstate Highway No. 30 to a 1/2" reinf. steel set for corner;
THENCE - North 11º 30 26" East, 218.94 feet with the South right-of-way line of Interstate Highway No. 30 to a 1/2" reinf. steel set for corner;
THENCE - North 59º 57 00" East, 585.37 feet with the South right-of-way line of Interstate Highway No. 30 to a 1/2" reinf. steel set for corner;
THENCE - South 02º 10 00" West, 581.72 feet to a 1/2" reinf. steel set in the South boundary line of the above mentioned Section 4;
THENCE - North 88º 24 26" West, 524.97 feet along the above mentioned Section line to the POINT OF BEGINNING and containing 5.00 acres of land, more or less. Basis of Bearings is Arkansas Highway Department Interstate Highway No. 30 right-of-way.
SAVE AND EXCEPT a strip of land reserved for road purposes 45-0" width along and adjacent to the West and North boundary lines of above described tract of land;
SUBJECT TO such rights as may be vested in the public for a street designated as 54th Street (Old Clay Pit Road) along the South boundary line of the above described tract of land.
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 APPROVED this 15th day of July, 2013.

N. Wayne Smith, Mayor
ATTEST:
Patti Scott Grey, City Clerk
APPROVED:
George M. Matteson
City Attorney

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