ORD NO 02-2012 Legacy Valley I vacate easementCITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. r/ 2012
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 13 through 21 of Legacy Valley Phase I, to vacate and abandon the public utility
easement along said lots more particularly described as follows:
Description of Existing 10.00 Foot Public Utility Easement
The East 10' of Lots 13 through 21 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 East 10' of said Lot 21 and the South 10' of the East
10' of said Lot 13;
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; and
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 AND ENACTED 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 13 through 21 of Legacy Valley Phase 1 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.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of 5 for and against, the forego' rdinance at its regular meeting
held on the 23' day of January, 2012.
Robert •.Freer
Mayor
ATTESTED:APEROVED AS FORM:
Barbie Curtis Cane ice A. ett e
City Clerk/Treasurer City Attorney