Legislation Details

File #: ABAN-381    Version: 1 Name: ABANDONING AND VACATING A UTILITY EASEMENT IN A PART OF LOT 2 OF STATON MINOR PLAT ON WOOD STREET AS REQUESTED BY MICHAEL BOGGS FROM TRALAN ENGINEERING ON BEHALF OF C3, LLC
Type: Abandonment Status: Passed
File created: 7/7/2021 In control: City Council
On agenda: 7/6/2021 Final action: 7/8/2021
Title: ABANDONING AND VACATING A UTILITY EASEMENT IN A PART OF LOT 2 OF STATON MINOR PLAT ON WOOD STREET AS REQUESTED BY MICHAEL BOGGS FROM TRALAN ENGINEERING ON BEHALF OF C3, LLC
Indexes: Abandonment, Utility Easement
Attachments: 1. ORD-21-023_Filed_Redacted, 2. RES-21-078_Redacted, 3. Utility Easement_Eng&Plan, 4. utilities_plat_petition
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ABANDONING AND VACATING A UTILITY EASEMENT IN A PART OF LOT 2 OF STATON MINOR PLAT ON WOOD STREET AS REQUESTED BY MICHAEL BOGGS FROM TRALAN ENGINEERING ON BEHALF OF C3, LLC

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ABANDONING AND VACATING A UTILITY EASEMENT LOCATED IN:

 

A PART OF LOT 2 OF STATON MINOR PLAT DOC. NO. 2020R-000173, JONESBORO, CRAIGHEAD COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

FROM THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, SECTION 25, TOWNSHIP 14 NORTH, RANGE 3 EAST, SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF SAID LOT 2 OF STATON MINOR PLAT, RUN N89°00'36"E ALONG SOUTH LINE OF SAID LOT 2 A DISTANCE OF 5.00 FT. TO A POINT, SAID POINT BEING THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH LOT LINE, RUN N00°21'38"E A DISTANCE OF 7.5 FT. TO A POINT; THENCE N89°00'36"E  A DISTANCE OF 107.05 FT. TO A POINT; THENCE S23°48'34"W A DISTANCE OF 8.26 FT. TO A POINT ON AFORESAID SOUTH LINE OF LOT 2; THENCE S89°00'36"W ALONG SAID SOUTH LOT LINE A DISTANCE OF 103.76 FT. TO THE POINT OF BEGINNING, SAID EASEMENT ABANDONMENT RUNS OVER AND ACROSS PARCEL NO. 01-143251-01020.

 

WHEREAS, the City Council at its regular meeting on June 1, 2021, pursuant to Ark. Stats. Section 14-301-302 through 14-301-304 heard the request of C3, LLC to vacate a utility 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 utility 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 utility 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 utility easement are in the public interest and will promote the public peace and welfare.

 

The public hearing was held on June 1, 2021, according to RES-21:078.

 

ORD-21:023 was adopted by City Council on July 6, 2021 and signed by Mayor Harold Copenhaver on July 7, 2021.

 

The abandonment was filed in the Circuit Clerk's Office on July 8, 2021, in 2021R-016435.

 

Attachments included are:

RES-21:078

ORD-21:023

Plat

Petition

Utility letters

Letter from the Engineering & Planning Departments