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Ordinance 2015-01

Ordinance 2015-01

AN ORDINANCE VACATING PORTIONS OF MAIN DRIVE AND
CARLEY ROAD PURSUANT TO ACA SECTION 14-54-105 AND FOR
OTHER PURPOSES.


WHEREAS, Main Drive has long been the primary road traversing the City of Johnson east to west- having both entrances and exits to/from 1-49/US HWY). 71.
WHEREAS, Carley Road has, in recent years, been a major connecting road between Main Drive and points north including US Highway 412.
WHEREAS, portions of what was fomerly Main Dive has been renamed Johnson Mill Boulevard and now connects to the new portions of Johnson Mill Blvd.
WHEREAS, Johnson Mill Blvd. as currently configured intersects with Carley Road going north and is connected to Main Drive on the south via an entirely new roadway also named Carley Road.
WHEREAS, the above-mentioned road/street enhancements have replaced and made unnecessary both a portion of what was previously known as Carley Road and a portion of what was previously known as Main Drive.
WHEREAS, those two portions of roadway are no longer improved, are no longer used by the public and are no longer required for corporation purposes.
WHEREAS, ACA Section 14-54-105(2) confers authority to a city of the second class such as Johnson to vacate portions of streets which are not for the time being required for corporation purposes.
WHEREAS, Arkansas law favors (if not actually requiring such) that in situations where real property is being vacated that it reveti or is attached to the real property adjacent thereto, and where a street/alley is involved, the centerline is utilized as a division line and the adjacent property is transferred to the owners on the two sides of the street/alley.


NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF JOHNSON ARKANSAS, that:


Section 1: That the portions of Carley Road described at Exhibit A hereto, having been made obsolete by the completion of Johnson Mill Blvd. and a new extension of Carley Road connecting Johnson Mill Blvd. and Main Drive, is hereby determined to not be required for corporation (City) purposes at this time or in the foreseeable future.
Section 2: That the portions of Main Drive described at Exhibit B hereto, having been made obsolete by the completion of Johnson Mill Blvd. and a new extension of Carley Road connecting Johnson Mill Blvd. and Main Drive, is hereby determined to not be required for corporation (City) purposes at this time or in the foreseeable future.
Section 3: That Johnson Land Holdings, LLC is the record title owner of the real property (Parcel #785-18095-000) adjacent to the western portion of Carley Road which is no longer needed for corporation purposes which is described at Exhibit C, such property is hereby vacated in favor of Johnson Land Holdings, LLC and the Mayor and RecorderTreasurer are authorized to execute and deliver a Quitclaim Deed transferring all interest of the City in the property described at Exhibit C to Johnson Land Holdings, LLC.
Section 4: That Short Mountain Group, LLC is the record title owner of the real property (Parcel # 785-18095-002) adjacent to the eastern portion of Carley Road which is no longer needed for corporation purposes which is described at Exhibit D, such property is hereby vacated in favor of Short Mountain Group, LLC and the Mayor and RecorderTreasurer are authorized to execute and deliver a Quitclaim Deed transferring all interest of the City in the property described at Exhibit D to Short Mountain Group, LLC.
Section 5: That Johnson Land Holdings, LLC is the record title owner of the real property (Parcels #785-18095-101 and #785-18095-000) adjacent to most of the northern portion of Main Drive which is no longer needed for corporation purposes which is described at Exhibit E, such property is hereby vacated in favor of Johnson Land Holdings, LLC and the Mayor and Recorder-Treasurer are authorized to execute and deliver a Quitclaim Deed transferring all interest of the City in the property described at Exhibit E to Johnson Land Holdings, LLC.
Section 6: That Short Mountain Group, LLC is the record title owner of the real property (Parcel #785-18024-1 07) adjacent to the remaining northern portion of Main Drive
which is no longer needed for corporation purposes which is described at Exhibit F, such property is hereby vacated in favor of Short Mountain Group, LLC and the Mayor and
Recorder-Treasurer are authorized to execute and deliver a Quitclaim Deed transferring all interest of the City in the property described at Exhibit F to Short Mountain Group, LLC.
Section 7: The City of Springdale, Arkansas, is the record title owner of all real property (Parcels #785-18024-000, #785-18024-00 1, #785-18099-00 1, #785-18099-000 and
#785-181 00-000) adjacent to the southern portion of Main Drive which is no longer needed for corporation purposes which is described at Exhibit G; however, as a result of an agreement made at the time the right of ways for the new portions of Johnson Mill Blvd. were being acquired, which agreement has been recognized, approved and ratified by the Springdale City Council in the adoption of Resolution No. 40-15 on the 14th day of April, 2015, the property described at Exhibit G is hereby vacated in favor of Johnson Land Holdings, LLC and the Mayor and Recorder-Treasurer are authorized to execute and deliver a Quitclaim Deed transferring all interest of the City in the property described at Exhibit G to Johnson Land Holdings, LLC.

PASSED AND APPROVED This 12th day of MAy, 2015.

ATTEST:

* Please see attachment for complete document