ORD NO 37-2011 Legacy Valley I vacate easementCITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 3 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO VACATE AND ABANDON A PUBLIC UTILITY
EASEMENT IN LEGACY VALLEY, PHASE I, INSIDE THE CITY OF
VAN BUREN, CRAWFORD COUNTY, ARKANSAS, AND FOR OTHER
PURPOSES.
WHEREAS, a petition has been filed with the City Council of Van Buren, Arkansas, by Clements
Homes, Inc. and GGL Development, Inc., on behalf of the owners and adjacent owners of
Lots 1 through 12 of Legacy Valley Phase 1, to vacate and abandon the public utility
easement along said lots more particularly described as follows:
Description of Existing 15.00 Foot Public Utility Easement
The West 15' of Lots 1 through 10 and the South 15' of Lots 10 through 12 of Legacy
Valley Phase I, to the City of Van Buren, Arkansas, Crawford County, Arkansas, as
recorded December 28, 2010 as Plat 2010 -27, less and except the North 15' of the West
15' of said Lot 1 and the South 7.5' of the West 15' of said Lot 9 and the North 7.5' of
the West 15' of Lot 10 and the East 7.5' of the South 15' of said Lot 11 and the West 7.5'
of the South 15' of said Lot 12;
and
WHEREAS, after due notice as required by law, the Council has at the time and place made notice,
heard all persons desiring to be heard on the question and has ascertained that the public
utility easement hereinabove designated has therefore been dedicated to the public use as
a utility easement and that the same has not been used for a period of more than five (5)
years preceding this date; and that the owners of the property abutting such utility
easement to be vacated have filed with the Council or have expressed their consent to
such abandonment and the public interest and welfare are not adversely affected by
abandonment of said public utility easement.
WHEREAS, the City Council of Van Buren, acting under the authority of A.C.A. 14 -199 -103 and
A.C.A. 14 -301 -302, has the authority to vacate and abandon public utility easements or
segments thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS, THAT:
SECTION 1: The City of Van Buren, Arkansas, hereby releases, vacates, and abandons all its rights,
together with the rights of the public generally, in and to the public utility easement
running along Lots 1 through 12 of Legacy Val.ley Phase I in the City of Van Buren,
Arkansas more specifically described above.
SECTION 2: A copy of this Ordinance bearing original signatures and duly certified by the City Clerk
shall be filed in the Miscellaneous Records of the Circuit Clerk of Crawford County,
Arkansas.
LN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt by a vote of ((j for and Q against, the foregoing Ordinance at its regular meeting
held on the 19` day of December, 201 1.
1
Robert D. Freemc
Mayor
ATTESTED:P J y TO FORM:
Barbic Curtis Candice A. Settle
City Clerk/Treasurer City Attorney