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Ordinance 2015-04

ORDINANCE NO. 2015-04
AN ORDINANCE VACATING A UTILITY EASEMENT
LOCATED BETWEEN LOTS 190 AND 191, CLEAR CREEK
SUBDIVISION, PHASE 1 AND FOR OTHER PURPOSES


WHEREAS, there exists special circumstances relative to Lots 190 and 191, Clear Creek Subdivision, Phase 1, regarding limitations as a result of an existing utility easement.
WHEREAS, EDA acting as Engineer for the City has approved the vacation of this utility easement and is satisfied that no public services will be affected.
WHEREAS, the Johnson Planning Commission approved vacation petition 2015-12 on July 27, 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 utility easement located between Lots 190 and 191, Clear Creek Subdivision, Phase 1, to the City of Johnson, AR as described on Exhibit A hereto is not required for corporation (City) purposes at this time or in the foreseeable future.
Section 2: That Lot 190, LLC is the owner of said Lots 190 and 191 and said utility easement as described on Exhibit A is hereby vacated in favor of said owner, one-half to each lot.


PASSED AND APPROVED this 11th  day of August, 2015.


ATTEST:

EXHIBIT A
A PART OF LOTS 190 AND 191, CLEAR CREEK SUBDIVISION, PHASE I, AN
ADDITION TO THE CITY OF JOHNSON, ARKANSAS, AS SHOWN ON FINAL PLAT
CLEAR CREEK, PHASE 1, RECORDED IN PLAT BOOK 23A, AT PAGE 39, PLAT
RECORD BOOK WASHINGTON COUNTY, ARKANSAS, BEING FURTHER DESCRIBED
AS FOLLOWS:


COMMENCE AT THE NORTHEAST CORNER OF LOT 191, CLEAR CREEK
SUBDIVISION, PHASE I, BEING A FOUND 5/8" REBAR; THENCE S35°45'55" W A
DISTANCE OF 29.48 FEET TO THE POINT OF BEGINNING; THENCE 12.03 FEET
ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF
445.00 FEET SUBTENDED BY A CHORD BEARING AND DISTANCE OF N87°59'24"W-
12.03 FEET TO A POINT; THENCE S35°45'50"W A DISTANCE OF 658.55 FEET TO A
POINT; THENCE S87°49'29"E A DISTANCE OF 24.01 FEET TO A POINT; THENCE
N35°45'50"E A DISTANCE OF 658.21 FEET TO A POINT ON A CURVE; THENCE 11.82
FEET ALONG THE ARC OF A CURVE TO THE LEFT, CURVE HAVING A RADIUS OF
445.00 FEET SUBTENDED BY A CHORD BEARING AND DISTANCE OF N86°27'17"W-
11.82 FEET TO THE POINT OF BEGINNING.


SAID EASEMENT VACATION CONTAINING 0.30 ACRES (13,170 SQ.FT.), MORE OR
LESS.