1219
000004
ORDINANCE NO. 1219 (#3 - 04)
AN ORDINANCE ABANDONING PUBLIC RIGHT OF WAY EASEMENTS LOCATED
IN THE NORTHGATE SUBDIVISION, JACKSONVILLE, ARKANSAS (GENERAL
LOCATION: REAL PROPERI f LOCATED AT THE NORTHWEST CORNER OF THE
INTERSECTION OF NORTH FIRST STREET AND NORTHGATE DRIVE,
JACKSONVILLE, ARKANSAS); DECLARING AN EMERGENCY; AND, FOR OTHER
PURPOSES.
WHEREAS, 0 der public right of way easements designated for placement of water
and sewer lines and floodway easements exist across real property in the Northgate
Subdivision, ~ying between previously p 'atted ,ots. Under a Jan submitted by Arvest
Bank, the existing water and sewer easements will no longer Je needed and substitute
easements have been proposed because of a new development plan for said property;
WHEREAS, the Jacksonville Water Commission, Jacksonville Sewer Commission,
and tle City Counci held pu Jlic meetings regarding said abandonments on January 28,
2004, February 6, 2004, and February 19, 2004, with notice of said meetings duly
pu J is led. Because tle uti ities wi 0 Jtain su Jstitute easements and/or one wilr not be
needed, no consent was necessary from other parties; and,
WHEREAS, the proposed revised use of said property allows for reduction of the
floodway easement on said ,Jro,Jerty, the parties have submitted a plan providing for a
reduction in floodway easements and continue to provide suffiCient floodway
management for the area in question. Said plan has been reviewed and approved by the
City cngineerg
NOW, THEREFOREL BE II ORDAINED AND ENACTED BY THE Cllt
COUNCIL OF THE Cllf 0.. JACKSONVILLE, ARKANSAS:
SECTION ONE: The Public Right-of-Way Easements in question are more
particularly described as follows:
FIr IEEN FEl:l (15') UTILI I Y EASEMENT
The East 7.5 feet of Lot 1 and Lot 2, the West 7.5 feet of Lot 3, Northgate
Subdivision, as filed for record in Plat Book B, Page 666.
lWELVE AND ONE-HALF FEt I (12.5') SANll ARY SEWER EASEMENT
The East 12.5 feet of Lot 1, Northgate Su Jdivision, as filed for record in Plat
Book Bf Page 6668
FLOODWAY EASEMENT
Part of Lot 2 and Lot 3, Nort 19ate Su Jdivision, as fi ed for record in Plat
300k B, Page 666, being more particuar y descri Jed as follows:
Commencing at the NE Corner of said Lot 3, Northgate Subdivision; thence
S 270 35' 11" W along the East line of said Lot 3, a distance of 39.70 feet
to the POINT OF BEGINNING; thence continue S 270 35' 11" W along the
East line of said Lot 3, a distance of 30.30 feet; thence N 550 46' 23"W, a
distance of 261.26 feet to the Easterly Rig'lt-of-Way line of North First
Street; thence N 270 35' 11" E along saicf Easterly Right-of-Way line, a
distance of 30.22 feet; thence S 550 46'23" E, a distance of 260.58 feet to
the POIN I OF BEGINNING, containing 0.180 Acres (7,828 sq. ft.) more or
less,
(GENERAL LOCA lION: Real Jro Jerty located at the Northeast corner of the
Intersection of Nort 1 First Street and Nort 19ate Drive, Jac <sonvi e,
Ar<ansas)
000005
ORDINANCE NO. 1219 (#3 - 04)
Page Two
Said Right-of-Way Easements are 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 designatinc the easements
as described above closed and abanc oned. The rea property rig lts descri Jed herein shall
revert to the current property owner~ identified as Leonard Loy and Emma Blanton (for
Lot 1, Nortlgate Subdivision) and I he Pulliam Family Living Trust (for Lots 2 & 3,
Northgate Subdivision), of the real pro,Jerty affected in accorcfance witl State law.
SECTION .WO: A copy of this Ordinance, duly certified by the City Clerk, shall
be filed in the Office of t'le Recorder of tle County and recorded in the Deed Records of
the County, hereby amending the plat recorded on November 1, 1920, in the Pulaski
County Circuit Clerk Recordsa
SECTION THREE: All Ordinances or parts tlereof in conf ict lerewith are hereby
repealed to the extent of said conflict.
SECTION FOUR: An emergency is hereby dec ared to exist and this Ordinance
being necessary for the immediate preservation of the publiC peace, welfare, health, and
safety, and t:lis Ordinance shall be in full force and effect from and after its passage and
approvaL
APPROVED AND ADOPTED THIS
\C\~
DAY OF FEBRUARY, 2004.
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A I I t~ r:
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