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Ordinance 2015-02

ORDINANCE 2015-02

AN ORDINANCE VACATING A PORTION OF A
DRAINAGE/UTILITY EASEMENT ACROSS LOT 9 HERITAGE
HILLS SUBDIVISION (3030 DEVOTION CIRCLE) AND FOR OTHER
PURPOSES AND DECLARING AN EMERGENCY TO EXIST.


WHEREAS, there exists special circumstances relative to Lot 9, Heritage Hills Subdivision regarding limitations as a result of an existing drainage/utility easement.
WHEREAS, EDA acting as Engineer for the City has approved the vacation of a portion of the original easement and is satisfied that a 100 year storm event will be
contained within the proposed revised drainage easement.
WHEREAS, the Johnson Planning Commission approved the vacation petition on January 26, 2015, and recommends passage of this Ordinance to the Council.


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


Section 1: That the portions of the drainage/utility easement across Lot 9, Heritage Hills Subdivision to the City of Johnson, AR as depicted and as described on
Exhibit A hereto is not required for corporation (City) purposes at this time or in the foreseeable future.
Section 2: That Harold K. Mayes Living Trust is the owner of said Lot 9 and so much of said drainage/utility easement as is described on Exhibit A is hereby vacated in
favor of said owner.
Section 3: The reminder of the drainage/utility easement (not described at Exhibit A hereto) is confirmed and continues as a burden on said Lot 9, Heritage Hills
Subdivision to the City of Johnson, AR.
Section 4: Inasmuch as the Planning Commission approved the vacation petition in January and the owner's interest in this matter has been overlooked for several
months, in order to prevent further harm to the owner and to promote the public safety health and welfare of the residents and citizens of Johnson an emergency is hereby
declared to exist, this Ordinance shall be effective immediately upon its passage and approval.

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

ATTEST:

* Please see attachment for complete document