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ORD NO 13-1996 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 3 -1996 AN ORDINANCE FOR VACATING A PORTION OF A UTILITY EASEMENT RUNNING THROUGH PART OF LOT 237 OF VISTA NORTH -PHASE VII, IN THE CITY OF VAN BUREN, ARKANSAS. WHEREAS, A Petition was filed with the City Council of the City of Van Buren, Arkansas asking the City Council to vacate and abandon that portion of a utility easement running along the East side of Lot 237, of Vista North -Phase VII, in the City of Van Buren, Arkansas; and WHEREAS, The City Council did on the 18th day of March, 1996, pass a Resolution setting a date for Hearing on the Petition and ordering the City Clerk to give notice of such Hearing as required by Arkansas law; and WHEREAS, After due notice as required by law, the Council has, at the time and place set out therein, heard all persons desiring to be heard on the questions and has ascertained that the easement running along the East side of Lot 237, Vista North, Phase VII hereinabove designated has heretofore been dedicated to the public as a utility easement and that the portion requested to be vacated, as described below herein, has not been used for a period of more than five (5) years preceding this date; that the owners of the property abutting such easement have expressed their consent to such abandonment and the public interest and welfare are not adversely affected by abandonment of said easement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: That the City of Van Buren, Arkansas hereby releases, vacates and abandons all its rights, together with rights of the public generally, in and to all of that portion of a utility easement described as follows: Part of Lot 237 of Vista North-Phase VII, an addition to the City of Van Buren, Crawford County, Arkansas filed for record as Plat Book A Page 297D, being part of the Northwest Quarter (N\V 1/4) of Section 14, Township 9 North, Range 32 West of the Fifth Principal Meridian, Crawford County, Arkansas, more particularly described as follows: COMMENCING at the Southeast corner of Lot 237 of said Vista North Phase VII; THENCE North 05 degrees 07 minutes 21 seconds West, 38.25 feet along the Gast line of said Lot 237; 'I'1 -TENCE South 84 degrees 52 minutes 39 seconds West, 6.54 feet to the POINT OF BEGINNING; THENCE South 62 degrees 31 minutes 10 seconds West, 1.03 feet; THENCE North 05 degrees 07 minutes 21 seconds West, 2.72 feet; THENCE South 27 degrees 28 minutes 50 seconds East, 2.51 feet to the POINT OF BEGINNING, containing 1.30 square feet, more or less. SECTION 2: That a copy of the 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. PASSED AND APPROVED THIS 15TH DAY OF APRIL 1996. MAYOR �s ATTESTED: f CITY h?t— TREASURER