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Ordinance 2009-06

AN ORDINANCE VACATING AND ABANDONING A PORTION OF A
EASEMENT ON THE FRONT AND SIDE OF PROPERTY LOCATED AT
5394 CORDELL DRIVE IN THE CITY OF JOHNSON, ARKANSAS; TO
DECLARE AN EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, certain utility easements were granted and conveyed to utility providers in
the platting and dedication of the Clear Creek Patio Homes Addition to the City of lohnson,
Arkansas.
WHEREAS, at a regularly scheduled meeting of the Johnson City Council on July 14,
2009, after public hearing, the City Council determined that it is in the best interest of the City
and its citizens, and upon being notified that all current utility companies had consented to the
vacation, to vacate and abandon that portion of the easement since the City and utility companies
have no future plans for further development of or additional utilities in those portions of the
easement described below.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Johnson,
Arkansas:
SECTION 1; The City Council hereby finds that the City has determined that there is no
current need nor planned use for that portion of a pubic utility easement dedicated by the
developers and owners of Clear Creek Patio Homes Addition to Johnson.
SECTION 2: That the unneeded portion of such pub] ic utility easement is further
described as follows;
A PART OF LOT NUMBERED NINETEEN (19), CLEAR CREEK PATIO
HOMES, AN ADDITION TO THE CITY OF JOHNSON, WASHINGTON
COUNTY, ARKANSAS, AS SHOWN IN PLAT BOOK 23 AT PAGE 112 OF
THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT NINETEEN
(19), SAID POINT BEING AN EXISTING CHISELED "X3 IN A CONCRETE
SIDEWALK: THENCE S34°92'33 "W 20.00 FEET ALONG THE EAST LINE
Municipal/coj Abandoning an Easement Ord.
OF SAID LOT NINETEEN (19) TO A POINT ON THE TWENTY (20) FOOT
BUILDING SETBACK, UTILITY AND DRAINAGE EASEMENT LIKE;
THENCE N55°27'27"W 11.90 FEET ALONG SAID BUILDING SETBACK,
UTILITY AND DRAINAGE EASEMENT LINE TO A POINT ON THE ROOF
OVERHANG OF AN EXISTING HOUSE FOR THE TRUE POINT OF
BEGINNING; THENCE N33°47'13"E 0.78 FEET ALONG SAID ROOF
OVERHANG; THENCE N54°52'45"W 16.79 FEET ALONG SAID ROOF
OVERHANG; THENCE S35°06'1S"W 0.95 FEET ALONG SAID ROOF
OVERHANG TO A PONT ON SAID BUILDING SETBACK, UTILITY AND
DRAINAGE EASEMENT LINE; THENCE S55°27'27"E 16.81 FEET TO THE
POINT OF BEGINNING, CONTAINING 14.5 SQUARE FEET, MORE OR
LESS.
ALSO:
A PART OF LOT NUMBERED NINETEEN (19), CLEAR CREEK PATIO
HOMES, AN ADDITION TO THE CITY OF IOHNSON, WASHINGTON
COUNTY, ARKANSAS, AS SHOWN IN PLAT BOOK 23 AT PAGE 112 OF
THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER. OF SAID LOT NINETEEN
(19), SAID POINT BEING A SET 1/2" IRONREBAR; THENCE N4S023'42"W
59.57 FEET ALONG THE SOUTH LINE OF SAID LOT NINETEEN (19), TO
A POINT; THENCE N41 °36'I S"E 14.50 FEET TO THE INTERSECTION OF
THE ROOF OVERHANG ON THE SOUTH SIDE OF AN EXISTING HOUSE
WITH THE TWENTY (20) FOOT UTILITY AND DRAINAGE EASEMENT
ON THE WEST SIDE OF SAID LOT NINETEEN (19), SAID POINT BEING
ON A 155.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST;
THENCE LEAVING THE SOUTH ROOF OVERHANG AND RUNNING
NORTHEASTERLY 23.99 FEET ALONG SAID UTILITY AND DRAINAGE
EASEMENT LINE, THE CHORD FOR WHICH BE1NGN28°19I5SME 23.97
FEET TO A POINT ON THE ROOF OVERHANG ON THE WEST SIDE OF
SAID HOUSE, THENCE S34°57'l 1 "W 3.83 FEET ALONG THE WEST
OVERHANG TO THE CORNER OF THE WEST AND SOUTH ROOF
OVERHANGS; THENCE S55°23'01lfE 2.76 FEET ALONG THE SOUTH
ROOF OVERHANG TO THE POINT OF BEGINNING, CONTAINING 25.5
SQUARE FEET, MORE OR LESS.
SECTION 3: That the property of Sheila Cross, at 5394 Cordell Drive, Johnson,
Arkansas, is subject to the above described public utility easement and to the extent of the two
portions described at Section 2 hereof encroaches on such public utility easement.

SECTION 4: City Council hereby vacates and abandons, along with the use of the
public generally that portion of the public utility easement described at Section 2 hereof.
SECTION 5: EMERGENCY CLAUSE - IT IS HEREBY DECLARED that an
emergency exists and this Ordinance, being necessary for the preservation of the health, safety,
and welfare of the citizens of Johnson, Arkansas, shall be in effect immediately upon it passage,
approval, and publication.