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Ordinance 2016-09

ORDINANCE NO. 2016-09

AN ORDINANCE VACATING A UTILITY EASEMENT ACROSS PART OF LOTS 21 AND 22 OF HERITAGE HILLS SUBDIVISION (4190 AND -'204 LEGACY DRIVE) AND FOR OTHER   PURPOSES.

  

WHEREAS, there exisits special circumstances relative to part of Lots 21 and 22 in Heritage Hills Subdivision regarding limitations as a result of an existing unused and unneeded utility easement.

WHEREAS, public utilities have had an opportunity to object and/or comment on the proposed vacation and no adverse effect on utility services has beenraised.

WHEREAS, the Johnson Planning Commission approved the vacation petition on April 7.2016, 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  across the South  ten (10) feet  of  Lot 21 and the  North  ten ( l 0)  feet of  Lot 22  in Heritage  Hills Subdivision  to  the City  of  Johnson,  AR as depicted and as described on Exhibit A hereto is not required for utility purposes nor corporation  (City)  purposes  at  this  time  or  in  the  foreseeable future.

 Section 2: That Residential Construction Holdings, LLC, is the owner of both  Lot 21 and Lot 22, said utility easement as is described on Exhibit A is hereby vacated in favor of said owner.

 Section 3All other easements abutting or on Lots  21 and  22 are confirmed and continue as a burden on said Lots 21 and 22 of Heritage Hills Subdivision to the City of Johnson.  AR.

 PASSED AND APPROVED this 12th  dayof  April 2016.            

  ATTEST:

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