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Ordinance 2014-04

ORDINANCE NO. 2014- 04
AN ORDINANCE AUTHORIZING THE EXECUTION OF A RECORDABLE DOCUMENT FIXING THE FINAL LOCATION OF THE JOHNSON PORTION OF THE NORTHWEST ARKANSAS RAZORBACK GREENWAY
WHEREAS, during the planning and design phases of the Multi-Purpose trail through Johnson, Arkansas, which is a part of the Northwest Arkansas Razorback Greenway„ easement grants were obtained from the various property owners to convey easements for the construction of and permanent use of the trail system upon final construction.
WHEREAS, these grants were titled "Multi-Purpose Trail Easement Agreement" (hereinafter "trail agreements") after execution by the record title owners of the five (5) parcels of real estate were filed in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, over a period of several years.
WHEREAS, each of the recorded "trail agreements" contained language to the effect that once the trail was constructed the exact location of the easement would be limited to the specific property occupied by the Multi-Purpose trail, its surroundings and the appurtenances thereto as described in a survey which would be obtained by the owner.
WHEREAS, trail construction is complete, the survey work has been completed and a plat of the as-built trail, surroundings and appurtenances as to each "trail agreement" segment has been prepared for recordation to fix the permanent location of the trail.
WHEREAS, the City Attorney has prepared and presented to the Council a document entitled "As Built Multi-Purpose Trail Easement Plats" with the as-built plat for each of the five (5) parcels of real estate, for the purpose of recording the final location of such trail.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JOHNSON, ARKANSAS, That:
Section 1: The Exhibits marked ‘A’, ‘B’, ‘C', 'D’ and 'E' attached to the "As
Built Multi-Purpose Trail Easement Plats" document appended hereto, are hereby accepted as the official permanent location documents of the portion of the Northwest Arkansas Razorback Greenway lying in Johnson and as such should be recorded in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, to evidence such; furthermore, except for a license to access the multi-purpose trail across
the "(Easement Description") portion of the five (5) Multi-Purpose Trail Easement Agreements, for emergencies, maintenance and repairs as needed, which license is hereby' specifically reserved, the unused portions of the land described in the "Easement Description" on each Multi-Purpose Trail Easement Agreement is hereby released and
Municipal/coj Northwest Arkansas Razorback Greenway Ord 103:14