Under the provisions of sections 9-240(e), 28-1901, and 28-1902(c) Fitch Street between Second and Third as herein legally described is hereby vacated with title vesting thereafter with the abutting property owner. The city of Tombstone retains the necessary sewer utility easement as noted in the following legal description:
A. Legal Description: Beginning at the NE corner of Block 72, thence 300.00 feet northwesterly to the NW corner of Block 72, thence 60.00 feet to the point of beginning which is NE corner of Block 72, all being in the City of Tombstone.
B. Easements: Reserving however, the sewer utility easement more particularly described as an easement ten feet (10') in width which traverses partially said right of way being vacated as indicated on the attached map, conditioned upon, and subject to the fact that Light Investments, Inc., must start construction on the adjacent lots within eighteen (18) months from the approval of this chapter, or this section shall become null and void. (Ord. 03-1985, 6-17-1985)