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VACATING AND ABANDONING A UTILITY EASEMENT AND A DRAINAGE EASEMENT LOCATED WITHIN LOTS 1 AND 2 OF THE CAVENAUGH AUTO GROUP MINOR PLAT IN JONESBORO, ARKANSAS AS REQUESTED BY CAVENAUGH PROPERTIES, LLC
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ABANDONING AND VACATING A UTILITY EASEMENT LOCATED ON :
VACATE AND ABANDON A UTILITY EASEMENT AND A DRAINAGE EASEMENT LOCATED WITHIN LOTS I AND 2 OF THE CAVENAUGH AUTO GROUP MINOR PLAT IN JONESBORO, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
DESCRIPTION - UTILITY EASEMENT
A UTILITY EASEMENT 20 FEET IN WIDTH LOCATED IN LOTS 1 AND 2 OF THE CAVENAUGH AUTO GROUP MINOR PLAT AS RECORDED AT 2022R-022S22 IN THE PUBLIC RECORDS FOR CRAIGHEAD COUNTY AT JONESBORO, ARKANSAS, BEING MORE PARTICULARlY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 2 OF SAID CAVENAUGH AUTO GROUP MINOR PLAT, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF ARKANSAS HIGHWAY NO. 1 (STADIUM BLVD.), THENCE SOUTH 01°10'18" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 78.73 FEET TO A POINT, THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 01°10'18" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 20 FEET TO A POINT; THENCE SOUTH 89°46'36" WEST, DEPARTING SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 760.29 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF MALIBU DRIVE; THENCE NORTH 00°54'50" EAST, ALONG SAID EASTERLY RIGHT-OF-WAY OF MALIBU DRIVE, A DISTANCE OF 20 FEET TO A POINT; THENCE NORTH 89°46'36" EAST, DEPARTING SAID RIGHT-OF-WAY OF MALIBU DRIVE, A DISTANCE OF 350.38 FEET TO A POINT; THENCE NORTH 00°53'58" EAST, A DISTANCE OF 297.76 FEET TO A POINT; THENCE NORTH 89°44'42" EAST, A DISTANCE OF 20.00 FEET TO A POINT; THENCE SOUTH 00°53'58" WEST, A DISTANCE OF 297.77 FEET TO A POINT; THENCE NORTH 89°46'36" EAST, A DISTANCE OF 390.00 FEET TO THE POINT OF BEGINNING;
CONTAINING IN ALL SOME 21,161 SQ. FT. OR 0.486 ACRES, MORE OR LESS.
SUBJECT TO ALL RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHT-OF-WAY OF RECORD.
AND DESCRIPTION - DRAINAGE EASEMENT
A DRAINAGE EASEMENT 10 FEET IN WIDTH LOCATED IN LOT 2 OF THE CAVENAUGH AUTO GROUP MINOR PLAT AS RECORDED AT 2022R-022522 IN THE PUBLIC RECORDS FOR CRAIGHEAD COUNTY AT JONESBORO, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 2 OF SAID CAVENAUGH AUTO GROUP MINOR PLAT, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF ARKANSAS HIGHWAY NO. 1 (STADIUM BLVD.}, THENCE SOUTH 01°10'18" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 88.73 FEET TO A POINT, THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 01 °10'18" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 10 FEET TO A POINT; THENCE SOUTH 89°46'36" WEST, DEPARTING SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 760.29 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF MALIBU DRIVE; THENCE NORTH 00°54'50" EAST, ALONG SAID EASTERLY RIGHT-OF-WAY OF MALIBU DRIVE, A DISTANCE OF 10 FEET; THENCE NORTH 89°46'36" EAST, DEPARTING SAID RIGHT-OF-WAY OF MALIBU DRIVE, A DISTANCE OF 760.29 FEET TO THE POINT OF BEGINNING;
WHEREAS, the City Council at its regular meeting on Tuesday, December 20, 2022, pursuant to Ark. Stats. Section 14-301-302 through 14-301-304 heard the request of Cavenaugh Properties, LLC to vacate and abandon a utility easement and 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 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 December 20, 2022, according to RES-22:236.
ORD-22:049 was adopted by City Council on January 3, 2023 and signed by Mayor Harold Copenhaver on January 5, 2023.
The abandonment was filed in the Circuit Clerk's Office on January 25, 2023, in 2023R-001365.
Attachments included are:
RES-22:236
ORD-22:049
Plat
Petition
Utility letters
Letter from the Engineering & Planning Departments