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AN ORDINANCE TO VACATE AND ABANDON 20 FOOT OF A DRAINAGE EASEMENT IN LOT 9 AND 10 OF BLOCK "E" OF PHASE II IN ROSSLAND HILLS' SUBDIVISION AND DECLARING AN EMERGENCY FOR THE PURPOSE OF PLAT RECORDING, PENDING PROPERTY TRANSFER BY THE AFFECTED PROPERTY OWNER, CRAIGHEAD COUNTY, JONESBORO, ARKANSAS.
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WHEREAS, a petition was duly filed with the City Council of the City of Jonesboro, Arkansas of the 21st day of February asking the City Council to vacate and abandon a twenty foot (20') drainage easement located along the property line adjoining lots 9 and 10, Block "E" of Phase II, Rossland Hills' Subdivision to the City of Jonesboro, Craighead County Arkansas now appearing of record in Plat Cabinet "B", Page 138 in the office of the Recorder of Craighead County, beginning at and ending at the points shown on the Abandonment Plat accompanying the Petition thereof, hereinbefore described, has heretofore been and easement has not been actually used by the public generally or the utilities for a period of at least five (5) years subsequent to the filing of the plat: that all the easement holders have filed with the council their 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 foot (20') drainage easement located along the line of lots 9 and 10, Block "E", of Phase II, Rossland Hills Subdivision to the City of Jonesboro, Craighead County Arkansas now appearing of record in Plat "B", Page 138, in the office of the Circuit Clerk and Recorder of Craighead County.
Section 2: It is further found that due to the immediate need of the affected property owner to record the plat, an emergency is declared to exist and this ordinance being necessary for the purpose of avoiding any further delay in the transfer of property.
Section 3: A copy of the ordinance duly certified by the City Clerk shall be filed in the office of the recorder of Craighead County, Arkansas and shall be filed in the Deed Records of such office.
PASSED AND APPROVED this 19th day of March, 2013.