CITY OF BILOXI

RESOLUTION NO. ______________

RESOLUTION ABANDONING A FIFTEEN FOOT DRAINAGE EASEME SITUATED BETWEEN LOTS 2 AND 3 OF LAUREN FALLS SUBDIVISION TO ALLOW CONSTRUCTION OF A SINGLE FAMILY RESIDENCE ACROSS SAID EASEMENT AND SAID LOT LINE COMMON TO LOTS 2 AND 3 WITHIN LAUREN FALLS SUBDIVISION

WHEREAS, Duncan McKenzie and Margaret McKenzie are the owners of record for certain real property located in the City of Biloxi, Second Judicial District of Harrison County, Mississippi, which property is presently described as follows:

Lots 2 and 3, Lauren Falls Subdivision, a subdivision in the City of Biloxi, Second Judicial District, Harrison County, Mississippi as per the plat thereof on file and of record in Plat Book 24, Page 3, Second Judicial District of Harrison County, Mississippi; and

WHEREAS, it is acknowledged that there is a drainage easement which presently runs between said lots, said easement measuring fifteen feet (15’) in width; and

WHEREAS, Duncan McKenzie and Margaret McKenzie are desirous of constructing a new single family residence which will extend across both Lots 2 and 3, which construction will encroach into the aforesaid drainage easement; and

WHEREAS, the City of Biloxi has been requested to abandon said easement—except for the fifteen foot drainage easement running along the rear property lines of said lots—to accommodate the construction of improvements contemplated by Duncan McKenzie and Margaret McKenzie upon Lots 2 and 3; and

WHEREAS, it should be noted that there are no other utilities dituated within said drainage easement; and

WHEREAS, the easement being abandoned should not have any adverse effect on drainage in the area by virtue of the fact that there are remaining easements along either side of Lots 2 and 3 which will accommodate drainage in the area, and as per the letter from John Wilson of the City Engineering Division providing no objection to this request; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BILOXI, MISSISSIPPI, AS FOLLOWS:

SECTION ONE: The findings, statements and conclusions contained in the preamble are hereby adopted, ratified and incorporated herein.

SECTION TWO: The City of Biloxi hereby terminates the combined fifteen-foot (15’) drainage easement that runs between the properties (i.e., Lots 2 and 3 of Lauren Falls Subdivision), less and except the fifteen foot drainage easement running along the rear property lines of said lots, described as follows:

SECTION THREE: That the Mayor and/or Municipal Clerk are hereby authorized to forward a certified copy of this Resolution to the office of the Chancery Clerk of Harrison County, Second Judicial District, Mississippi for the purpose of recording same in the Land Deed Records.