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AN ORDINANCE TO VACATE AND ABANDON THE 20 FT. DRAINAGE EASEMENT IN LOTS 8 AND 9, BLOCK A OF PHASE III IN DEERFIELD SUBDIVISION, CRAIGHEAD COUNTY, JONESBORO, ARKANSAS
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WHEREAS, a petition was duly filed with the City Council of the City of Jonesboro, Arkansas, on the 7th day of December, 2010, asking the City Council to vacate and abandon all of a 20ft. dedicated drainage easement located along the east property line of Lot 8, Block A, of Phase III, Deerfield Subdivision to the City of Jonesboro, Craighead County Arkansas now appearing of record in Book C Pages 140,153, shown on the Abandonment Plat accompanying the Petition; AND
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 and has ascertained that the drainage easement or the portion thereof, hereinbefore described, has heretofore been an easement has not been actually used by the public for a period of at least five (5) years subsequent to the filing of the plat; that all the easement holders have filed written consent to the abandonment; and that public interest and welfare will not be adversely affected by the abandonment of the easement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JONESBORO, ARKANSAS:
Section 1. The City of Jonesboro, Arkansas, releases, vacates, and abandons all its rights, together with the rights of the public generally, in and to the drainage easement designated as follows:
A TWENTY (20) FOOT DRAINAGE EASEMENT LOCATED IN LOT 9 AND A PART OF LOT 8, BLOCK "A" DEERFIELD PHASE III, JONESBORO, AR, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE NE CORNER OF SAID LOT 9; THENCE S 89°31'00" W ALONG THE NORTH LINE OF LOT 9 A DISTANCE OF 43.47 FEET TO THE POINT OF BEGINNING OF SAID EASEMENT; THENCE S 02°51'18" W ALONG THE EAST SIDE OF SAID EASEMENT 120.20 FEET TO THE SOUTH LINE OF LOT 9; THENCE S 89°31'00" W ALONG THE SOUTH LINE OF LOT 9 20.03 FEET TO A POINT 3.50 FEET INSIDE OF LOT 8; THENCE N 02°51'18" E ALONG THE WEST SIDE OF SAID EASEMENT 120.20 FEET TO A POINT ON THE NORTH LINE OF LOT 9; THENCE N 89°31 '00" E ALONG THE NORTH LINE OF SAID LOT 9, 20.03 FEET TO THE POINT OF BEGINNING.
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 ADOPTED this 21st day of December, 2010.