File #: ORD-16:084    Version: 1 Name: Vacating a drainage easement
Type: Ordinance Status: Passed
File created: 12/7/2016 In control: City Council
On agenda: Final action: 1/3/2017
Title: AN ORDINANCE VACATING A DRAINAGE EASEMENT LOCATED IN: PART OF LOT 1, OF "REVISED RACE STREET ATHLETIC CLUB, INC. REVISED REPLAT OF LOT 1 OF RACE STREET ATHLETIC CLUB, INC. REPLAT AND PART OF TRACT B-2 OF FOX REPLAT OF M. J. FOX SUBDIVISION, CRAIGHEAD COUNTY, JONESBORO, AR", AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST CORNER OF SAID LOT 1, RUN N00°34'28"E A DISTANCE OF 607.95 FT. TO THE POINT OF BEGINNING OF SAID EASEMENT; THENCE CONTINUE N00°34'28"E A DISTANCE OF 25.00 FT. TO A POINT; THENCE RUN N89°30'49"E A DISTANCE OF 269.79 FT. TO A POINT; THENCE RUN S00°29'11"E A DISTANCE OF 25.00 FT. TO A POINT; THENCE RUN S89°30'49"W A DISTANCE OF 270.25 FT. TO THE POINT OF BEGINNING, CONTAINING 0.15 ACRES
Indexes: Abandonment
Attachments: 1. Engineering & Planning Department Letter, 2. Petition, 3. Plat, 4. Utility Letters
Related files: RES-16:154, ABAN-356

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AN ORDINANCE VACATING A DRAINAGE EASEMENT LOCATED IN:

 

PART OF LOT 1, OF "REVISED RACE STREET ATHLETIC CLUB, INC. REVISED REPLAT OF LOT 1 OF RACE STREET ATHLETIC CLUB, INC. REPLAT AND PART OF TRACT B-2 OF FOX REPLAT OF M. J. FOX SUBDIVISION, CRAIGHEAD COUNTY, JONESBORO, AR", AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:  FROM THE SOUTHWEST CORNER OF SAID LOT 1, RUN N00°34'28"E A DISTANCE OF 607.95 FT. TO THE POINT OF BEGINNING OF SAID EASEMENT; THENCE CONTINUE N00°34'28"E A DISTANCE OF 25.00 FT. TO A POINT; THENCE RUN N89°30'49"E A DISTANCE OF 269.79 FT. TO A POINT; THENCE RUN S00°29'11"E A DISTANCE OF 25.00 FT. TO A POINT; THENCE RUN S89°30'49"W A DISTANCE OF 270.25 FT. TO THE POINT OF BEGINNING, CONTAINING 0.15 ACRES

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WHEREAS, the City Council at its regular meeting on December 20, 2016, pursuant to Ark. Stats. Section 14-301-302 through 14-301-304 heard the request of Race Street Athletic Club, Inc. to vacate a drainage easement; and

 

WHEREAS, the City Council held a public hearing and heard all persons desiring to be heard in connection with this matter; and

 

WHEREAS, the respective utilities have consented to said abandonment; and

 

WHEREAS, the abandonment of said portion of a drainage easement will not adversely affect the City of Jonesboro, and would be in the best interest of all parties concerned.

 

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas, that;

 

SECTION 1:                      The City of Jonesboro, Arkansas hereby vacates and abandons all of its rights together with the right of the public generally, in and to the drainage easement described above.

 

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 of Jonesboro, Arkansas, and recorded in the Deed Records of Craighead County, Arkansas.

 

SECTION 3.                     The vacating and abandonment by the City of its rights and the rights of the public generally in the above described drainage easement are in the public interest and will promote the public peace and welfare.

 

PASSED AND APPROVED this 3rd day of January, 2017.