IN THE CITY OF STUTTGART COUNTY OF ARKANSASSTATE OF ARKANSASORDINANCE NO. 2041AN ORDINANCE CLOSING AN ALLEY IN THE CITYOF STUTTGART, ARKANSAS;WHEREAS, A PETITION WAS DULYFILED WITH THE CITY COUNCIL OF THE CITY OFSTUĴGART, ARKANSAS, ON THE 23RD DAY OFJUNE, 2023, ASKING THE CITY COUNCIL TO VACATEAND ABANDON ALL THAT PORTION OF THEALLEY DESIGNATED ON THE PLAT OF THE PARKPLACE ADDITION TO THE CITY OF STUĴGART,NOW APPEARING IN PLAT OF RECORD, FOUNDIN DEED BOOK 15 PAGE 306, IN THE OFFICE OFTHE RECORDER OF THE NORTHERN DISTRICT OFARKANSAS COUNTY, ARKANSAS.WHEREAS, AFTER DUE NOTICEAS REQUIRED BY LAW, THE COUNCIL BY ANDTHROUGH THE STUĴGART PLANNING COMMISSIONHAS, AT THE TIME AND PLACE MENTIONEDIN THE NOTICE, HEARD NO OBJECTION OF ANYPERSONS DESIRING TO BE HEARD ON THE QUESTIONAND HAS ASCERTAINED THAT THE ALLEYWAS DEDICATED TO THE PUBLIC USE AS NOTA DRIVE THROUGH ALLEY IN 1920. THE ALLEYHAS NOT BEEN ACTUALLY USED BY THE PUBLICGENERALLY FOR A PERIOD OF AT LEAST FIVE(5) YEARS SUBSEQUENT TO THE FILING OF THE1920 PLAT. ALL THE OWNERS OF THE PROPERTYABUĴING UPON THE ALLEY TO BE VACATEDHAVE FILED WITH THE COUNCIL THEIR WRIĴENCONSENT TO THE ABANDONMENT; AND THATPUBLIC INTEREST AND WELFARE WILL NOT BEADVERSELY AFFECTED BY THE ABANDONMENTOF THE ALLEY.NOW, THEREFORE, BE IT ORDAINEDBY THE CITY COUNCIL OF THE CITY OFSTUTTGART, ARKANSAS:SECTION 1. THIS ORDINANCE WILLNOT ABROGATE THE UTILITY RIGHT-OF-WAYTHAT IS IN, ON OR ABOVE THE ALLEY.SECTION 2. THE CITY OF STUĴGART,ARKANSAS, RELEASES, VACATES, AND ABANDONSITS RIGHTS, EXCEPT AS STATED IN SECTIONONE (1), TOGETHER WITH THE RIGHTS OFTHE PUBLIC GENERALLY, IN AND TO THE FOLLOWINGDESCRIBED ALLEY:A 20.0-FOOT-WIDE ALLEY, MOREPARTICULARLY DESCRIBED AS FOLLOWS: BEGINNINGAT THE NORTHWEST CORNER OF THEEAST HALF (E1/2) OF BLOCK FOUR (4), THENCESOUTH 145 FEET, THENCE EAST 20 FEET, THENCENORTH 145 FEET, THENCE WEST 20 FEET TO THEPOINT OF BEGINNING; PARK PLACE SUBDIVISION,CITY OF STUTTGART, NORTHERN DISTRICTOF ARKANSAS COUNTY.IN THE CITY OF STUTTGART COUNTY OF ARKANSASSTATE OF ARKANSASSECTION 3. A COPY OF THE ORDINANCEDULY CERTIFIED BY THE CITY CLERKSHALL BE FILED IN THE OFFICE OF THE RECORDEROF ARKANSAS COUNTY, ARKANSAS AND RECORDEDIN THE DEED RECORDS OF ARKANSASCOUNTY, ARKANSAS.SECTION 4. THIS ORDINANCESHALL TAKE EFFECT AND BE IN FORCE FROMAND AFTER ITS PASSAGE.PASSED AND APPROVED THIS 5TH DAY OF MAY,2026.HONORABLE NORMA STRABALA, MAYORATTEST:BECKY BURGESS, CITY CLERK
