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Ordinance 2016-10

ORDINANCE NO. 2016-10

AN  ORDINANCE VACATING A PORT ION OF ADRAINAGE/UTILITY EASEMENT ACROSS LOT 151, PHASE IV, CLEAR CREEK SUBDIVISION (4461 CADDO LANE) AND FOR OTHER PURPOSES.

WHEREAS, there exists special circumstances relative to Lot l5 L Phase VII

Clear Creek Subdivision regarding limitations on construction of  improvements  as result of an  existing drainage/utility easement.

WHEREAS. EDA acting as Engineer for the City has approved the,  vacation or 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 un 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 portions of the drainage /utility easement across  Lot  I 51.

Phase IV, Clear Creek 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 Ray McGaugh and Nancy McGaugh are the owners of said Lot 151 and so much of said drainage/utility easement as is described on Exhibit A. is hereby vacated  in favor of said owners.

Section 3:        The reminder of the drainage/utility easement (not described as Exhibit A hereto) is confirmed and continues as a burden on said Lot 151. Phase JV. Clear Creek Subdivision to the City of Johnson, AR.


PASSED AND APPROVED this 12th day of April 2016.

ATTEST:                                 

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