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Ordinance #114

AN ORDINANCE VACATING AND ABANDONING A PORTION OF A
UTILITY EASEMENT ON LOT 44, BLOCK 1, LENHAM HEIGHTS
SUBDIVISION, THE TOWN OF JOHNSON, ARKANSAS; TO DECLARE
AN EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, James I. Mathias and Joy B. Mathias, husband and
wife, have requested the Town Council of the Town of Johnson,
vacate a portion of a 20 foot utility easement on the South side
of Lot 44, Block 1, Lenham Heights Subdivision, to the Town of
Johnson, Arkansas;
WHEREAS, all utility companies have filed their consents to
vacating and abandoning the said portion of easement; and
WHEREAS, at a regular scheduled meeting of the Town Council,
on September 8, 1992, after a public hearing, the Town Council
determined that it is in the best interest of the Town and its
citizens to vacate and abandon that portion of the easement;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF JOHNSON, ARKANSAS:
SECTIONl: The Town Council hereby finds that all utility
companies have given their consent to vacating a portion of a 20
foot utility easement on the East side of Lot 44, Block 1, Lenham
Heights Subdivision to the Town of Johnson, Arkansas, the portion
to be released being that portion that is encroached upon by a
structure as more particularly shown on a survey of the property
by Combs & Associates Surveying, Inc., and said survey is hereby
incorporated by reference.
SECTION 2: The Town Council hereby vacates and abandons,
along with the rights of the public generally, all that portion of
the 20 foot utility easement that is encroached upon by the
structure as shown on the survey.
SECTTQW 3: That all utility companies have consented in
writing to the vacating of that portion of the easement.
SECTION 4: EMERGENCY CLAUSE: It is hereby declared that an
emergency exists and this ordinance, being necessary for the
preservation of the health, safety and welfare of the citizens of
Johnson, Arkansas, shall be in effect immediately upon its
passage, approval and publication.