ORDINANCE NO, 2013- 2 AN ORDINANCE ACCEPTING FENCE LANE AS CITE'PROPERTY AND CONVEYING TITLE TO PENCE LANE TO THE CITY WHEREAS,Jerry P.Peirce,President of the Ozark First,Inc.,an Arkansas corporation,Jell' D. Frost,Trustee, Frost Living Trust, and Ken Pence d/b/a Ken's Towing, have made petition for acceptance of the street within the city limits of the city of Ozark; and, WHEREAS, they are the adjoining land owners of the eascment/street more particularly described as follows: A 30.00 foot access easement in part of the Northwest Quarter of the Northwest Quarter of Section 22 and part of the Northeast Quarter of the Northeast Quarter of Section, 21, all in Township 10 North, Range 27 West,Franklin County,Arkansas, being more particularly described as follows: Commencing at an existing rebar the Southeast Corner of the Northwest Quarter of the Northwest Quarter of Section 22. Thence along the South line of said Forty,North 87 degrees 55 minutes 08 seconds West, 55.36 feet to the Point of Beginning. Thence continue along the South line of the Northwest Quarter of the Northwest Quarter of Section 22 and the South live of the Northeast Quarter of the Northeast Quarter of Section 21, North 87 degrees 55 minutes 08 seconds West 1,290.92 feet to the centerline of Arkansas State Highway 23. Thence leaving said South line and along said centerline,North 06 degrees 45 minutes 15 seconds East,30.10 feet. Thence leaving said centerline, South 87 degrees 55 minutes 08 seconds East, 1,288.55. Thence South 01 degrees 51 minutes 09 seconds West,30.00 feet to the Point of Beginning,containing 36,689.13 square feet and subject to Highway Rights of Way and any Easements of Record. WHEREAS, no other landowners adjoin this easemeat/strect; and, WHEREAS,the street serves two businesses known as Ken's T owing and the-M t3,5 Travel Center and the said street has been in existence and in public use for more than ten(10)years;arid, WlREREAS,all adjoining landowners and persons owning an interest in the easement have contributed to the construction cost for Pence Lane pursuant to a previous city ordinance. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OZARK,ARKANSAS: Section L That the street formerly called fence Lane shall be transferred to the city of Ozark in such a manner that merchantable title may be conveyed to the city of Ozark. The Petitioners request, and the city agrees,that this shall be transferred immediately upon passage of this Ordinance. Passed and approved this I�day of^„ZVA ,2413 Carol Sneath,.Mayor Attest: - } City Clerk / 1 .