Legislation Details

File #: ABAN-385    Version: 1 Name: ABANDONING AND VACATING A UTILITY EASEMENT LOCATED ON PART OF LOT 1 OF HB MEDICAL HOLDINGS APACHE DRIVE MINOR PLAT AS REQUESTED BY HB MEDICAL HOLDINGS, LLC
Type: Abandonment Status: Passed
File created: 8/17/2022 In control: City Council
On agenda: 8/16/2022 Final action: 8/17/2022
Title: ABANDONING AND VACATING A UTILITY EASEMENT LOCATED ON PART OF LOT 1 OF HB MEDICAL HOLDINGS APACHE DRIVE MINOR PLAT AS REQUESTED BY HB MEDICAL HOLDINGS, LLC
Indexes: Abandonment, Utility Easement
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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ABANDONING AND VACATING A UTILITY EASEMENT LOCATED ON PART OF LOT 1 OF HB MEDICAL HOLDINGS APACHE DRIVE MINOR PLAT AS REQUESTED BY HB MEDICAL HOLDINGS, LLC

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ABANDONING AND VACATING A UTILITY EASEMENT LOCATED ON :

A PART OF LOT 1 OF HB MEDICAL HOLDINGS APACHE DRIVE MINOR PLAT TO JONESBORO, CRAIGHEAD COUNTY, ARKANSAS (DOCUMENT NO. 2022R-004924) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:  COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE RUN S89°37'03"W ALONG THE SOUTH RIGHT OF WAY LINE OF APACHE DRIVE AND THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 6.36 FT. TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE, RUN S00°18'47"W A DISTANCE OF 492.29 FT. TO A POINT; THENCE N89°41'13"W A DISTANCE OF 13.26 FT. TO A POINT ON THE NORTH RIGHT OF WAY LINE OF I-555;  THENCE N36°59'29"W ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 11.12 FT. TO A POINT; THENCE LEAVING SAID NORTH RIGHT OF WAY LINE, RUN N00°18'47"E A DISTANCE OF 467.98 FT. TO A POINT; THENCE N89°37'03"E A DISTANCE OF 14.46 FT. TO A POINT; THENCE N00°18'47"E A DISTANCE OF 15.22 FT. TO A POINT ON AFORESAID SOUTH RIGHT OF WAY LINE OF APACHE DRIVE AND THE NORTH LINE OF SAID LOT 1; THENCE RUN N89°37'03"E ALONG THE SOUTH RIGHT OF WAY LINE OF APACHE DRIVE AND THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 5.54 FT. TO THE POINT OF BEGINNING, SAID EASEMENT ABANDONMENT RUNS OVER AND ACROSS PARCEL NO. 01-144284-00500.

 

WHEREAS, the City Council at its regular meeting on Tuesday, July 19, 2022, pursuant to Ark. Stats. Section 14-301-302 through 14-301-304 heard the request of HB Medical Holdings, 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 July 19, 2022, according to RES-22:116.

 

ORD-22:032 was adopted by City Council on August 16, 2022 and signed by Mayor Harold Copenhaver on August 17, 2022.

 

The abandonment was filed in the Circuit Clerk's Office on October 6, 2022, in 2022R-021754.

 

Attachments included are:

RES-22:116

ORD-22:032

Plat

Petition

Utility letters

Letter from the Engineering & Planning Departments