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
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SUSAN DA ITT, CITY C ' RK t ` ;
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