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1307 ORDINANCE NO. 1307 ( #6 - 07) AN ORDINANCE ABANDONING A PUBLIC EASEMENT LOCATED ON CENTER STREET ON THE UNION PACIFIC RAILROAD TRACKS [GENERAL LOCATION: APPROXIMATELY ONE HUNDRED FEET (100? OF PROPERTY ON CENTER STREET OVER THE UNION PACIFIC RAILROAD TRACKS); AND, FOR OTHER PURPOSES. WHEREAS, a public right of way easement designated specifically for railroad use, is no longer needed, as the railroad crossing has been closed for several years to public vehicular traffic. The existing public easement will no longer be needed, and other public vehicular access has been re- routed to the Overpass to satisfy safety concerns; and, WHEREAS, the Jacksonville City Council hosted a public hearing regarding said abandonment of public the right of way on April 5, 2007, with notice of said meeting duly published as required by law. Because the City owns all surrounding affected property and no utilities are placed in said Right of Way, no consent is necessary from other parties. NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OFIACKSONVILLE, ARKANSAS, THAT: SEC770N ONE: The Public Easement in question is described as One Hundred feet (100') on Center Street over the Union Pacific Railroad tracks, Jacksonville, Pulaski County, Arkansas; being more particularly described as follows: A tract of land in Sections 20 and 29, Township 3 North, Range 10 West, being more particularly described as follows: Commencing at the Southeast corner of Lot 1, Block 24, Original Town of Jacksonville, Pulaski County, Arkansas; thence Southeast along the Southwest Right of Way line for Center Street, 60 feet, to the Northerly Right of Way line of Union Pacific Railroad and the Point of Beginning; thence continuing Southeast along the Southwest Right of Way line of Center Street 100 feet to the Southerly Right of Way line of Union Pacific Railroad; thence Northeast along the Southerly right of line of Union Pacific Railroad, 60 feet to the Northeast Right of Way line of Center Street; thence Northwest along the Northeast Right of Way of Center Street, 100 feet to the Northerly Right of Way of Union Pacific Railroad; thence Southwest along the Northerly Right of Way of Union Pacific Railroad, 60 feet to the Southwest Right of Way line of Center Street and the Point of Beginning, containing 0.138 acres more or less. Said Public Easement is and shall be hereby abandoned under the powers granted to Cities of the First Class in the State of Arkansas. The Mayor and City Clerk are hereby duly authorized and directed to approve the appropriate documents designating the Easement described above closed and abandoned by the City. The real property rights described herein shall revert to the adjoining current property owner, the City of Jacksonville, Arkansas, of the real property described herein in accordance with State law. 000 600 ORDINANCE NO 1307 ( #6 - 07) Page Two SECTION TWO: A copy of this Ordinance, duly certified by the City Clerk, shall be filed in the Pulaski County Circuit Clerk's Office, Real Estate Division, and recorded in the Deed Records of the County, hereby amending the plat recorded on November 1, 1920, in said records. SECTION THREE All Ordinances or parts thereof in conflict herewith are hereby repealed to the extent of said conflict. SECTION FOUR. This Ordinance shall be in full force and effect from and after its passage, approval, and date of publication, as outlined under state law. APPROVED AND ADOPTED THIS 5k- DAY OF APRIL, 2007. /Malt .1 A I..44A MAYOR TOM SWAIM ■ L SUSAN DA ITT, CITY C ' RK t ` ; �, F � AP-1. n AST* 014 ,., I II i ROBE•'' E. BA ORN '