RESOLUTION NO. 758 OF 2011
RESOLUTION NO. 758 OF 2011
RESOLUTION REVOKING THE DEDICATION OF A SPECIFIED PORTION OF UNDEVELOPED ALLEYWAY AND RETAINING A UTILITY SERVITUDE THEREON IN D.E. O'NEAL SUBDIVISION OF THE CITY OF RUSTON, LOUISIANA
WHEREAS, the following described alleyway was previously dedicated to the City of Ruston by the filing of the D.E. O'Neal Subdivision plat dated December 6, 1946, with the Clerk of Court of Lincoln Parish, Louisiana, and recorded in Conveyance Book 20, Page 226, of the records of Lincoln Parish, Louisiana; said portion of alleyway being described as:
That portion of an alleyway as shown on plat of D.E. O'Neal Subdivision, and lying south of and adjacent to property owned by the Lincoln Parish School Board, which School Board property is further identified by Lincoln Parish Assessor's parcel identification number 23183069093; said portion of alleyway further described as being approximately 20 feet in width and running approximately 232 feet west from James Street, as shown on the attached drawing. WHEREAS, the above described portion of alleyway was never opened and used as an alleyway or street and is not now needed for that purpose; and, WHEREAS, LSA-R.S. 48:701 provides, in part, that municipal corporations of the State may revoke and set aside the dedication of all roads, streets and alleyways laid out and dedicated to the public use within their respective limits, when the roads, streets or alleyways have been abandoned or are no longer needed for public purposes; and, WHEREAS, said portion of the undeveloped alleyway is no longer needed as a public alleyway or for public purposes and the City desires that the dedication thereof be revoked, set aside and abandoned; and, WHEREAS, the City desires to reserve and retain a servitude or right-of-way (the “Servitude”) across the full width and length of the revoked portion of said alleyway for the purposes of laying, constructing, operating, maintaining, repairing, replacing, or removing utility lines, including but not limited to sewer, water, electrical, drainage, and such appurtenances necessary or convenient in the use of the Servitude, together with the right of ingress and egress thereto;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RUSTON, LOUISIANA:
§1. That the undeveloped alleyway dedication described above is no longer needed as a public alleyway or for public purposes and the dedication thereof is revoked, set aside and abandoned.
§2. The City retains the Servitude across the full width and length of the revoked portion of said alleyway for the purposes of laying, constructing, operating, maintaining, repairing, replacing, or removing utility lines, including but not limited to sewer, water, electrical, drainage, and such appurtenances necessary or convenient in the use of the servitude, together with the right of ingress and egress thereto.
§3. The ownership of the land covered by the revoked portion of the above described alleyway dedication shall revert to the present owners of the land contiguous thereto in accordance with law.
§4. This Resolution shall become effective upon final adoption and publication in the manner required by law.
Said Resolution having been read and considered by a quorum of the Board of Aldermen, on motion to adopt by Alderman Jedd Lewis, seconded by Alderman Jim Pearce, a record vote was taken and the following result was had:
YEA: ALDERWOMAN GLENDA HOWARD
ALDERMAN JEDD LEWIS
ALDERMAN ELMORE MAYFIELD
ALDERMAN JIM PEARCE
ALDERWOMAN MARIE S. RIGGS
WHEREUPON, the presiding officer declared the above Resolution duly adopted in full on the 6th day of September, 2011.
EMMETT GIBBS, CLERK
DAN HOLLINGSWORTH, MAYOR
1td: September 12, 2011