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1757ORDINANCE NO. 1757 (#10 - 2024) AN ORDINANCE VACATING A UTILITY EASEMENT ON LOT 5 OF THE KEVIN SUBDIVISION WITHIN THE CITY LIMITS OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. WHEREAS, a petition was duly filed with the City Council of the City of Jacksonville, Arkansas, asking the City Council to vacate and abandon all that portion of the utility easement designated in the legal description herein described; WHEREAS, after due notice as required by law, Council has, at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained that the utility easement or the portion thereof, hereinbefore described, has heretofore been dedicated to the public use as a utility easement herein described; has not been actually used by the public generally for a period of at least five (5) years subsequent to the filing of the plat; that all owners of the property abutting upon the portion of the easement to be vacated have filed with the Council their written consent to the abandonment; and that the public interest and welfare will not be adversely affected by the abandonment of the easement. BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION ONE: The City of Jacksonville, Arkansas, releases, vacates, and abandons all of its rights, together with the rights of the public generally, in and to the utility easement as follows: An existing 10 -ft Utility Easement lying over and across Lot 5, Kevin Subdivision, the centerline of which is more particularly described as follows: Beginning at a point on the West line of said Lot 5, 34 feet North of the southwest lot corner; thence southeasterly along said centerline to the point of termination lying on the east line of said Lot 5, 6 feet from the southeast lot corner more or less. SECTION TWO: A copy of the ordinance duly certified by the City Clerk shall be filed in the Office of the Recorder of the county and recorded in the deed records of the county. SECTION THREE: This ordinance shall take effect and be in force from and after its passage. ORDINANCE NO. 1757 (#10 - 2024) Page Two APPROVED AND ADOPTED THIS 20TH DAY OF JUNE, 2024. CITY OF JACKSONVILLE, ARKANSAS J ELMORE, MAYOR 4 ATTEST: p SUSAN D ` VITT, CITY CLERK APPROVED AS TO FORM: STEPH FRIEDMAN, CITY ATTORNEY