ORD NO 01-1994 ORDINANCE NO. 1 q 79
AN ORDINANCE AUTHORIZING THE ABANDONMENT OF THAT PORTION OF NORTH
12TH STREET WHICH LIES BETWEEN BLOCK 6 AND BLOCK 9 OF MCGEE
ADDITION LYING SOUTH OF ELM STREET AND NORTH OF THE RIGHT -OF -WAY
OF THE RAILROAD, WHICH RUNS ACROSS BLOCK 6 AND BLOCK 9 TO THE
CITY OF VAN BUREN, ARKANSAS, DECLARING AN EMERGENCY AND FOR OTHER
PURPOSES.
WHEREAS, a Petition was duly filed with the City Council of
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the City of Van Buren, Arkansas, on the go day of December,
1993, asking the City Council to vacate and abandon all that
portion of North 12th Street which lies between Block 6 and Block
9 of McGee Addition lying South of Elm Street and North of the
Right -of -Way of the Railroad, which runs across Block 6 and Block
9 to the City of Van Buren, Arkansas, and,
WHEREAS, after due notice as required by law, the council
has, at the time and place mentioned in the notice, heard all
persons desiring to be heard. on the question and has ascertained
that the street or the portion thereof, hereinbefore described,
has heretofore been dedicated to the public use as a street
herein described; that petitioner owns the property located on
both sides of the street to be vacated; and that public interest
and welfare will not be adversely affected by the abandonment of
the street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS:
K
I
SECTION 1: The City of Van Buren, Arkansas, releases,
vacates and abandons all its rights, together with the rights of
the public generally, in and to the portion of the street
designated as follows.
That portion of North 12th Street which lies between
Block 6 and Block 9 of McGee Addition lying South of
Elm Street and North of the Right -of -Way of the Railroad,
which runs across Block 6 and Block 9 to the City of
Van Buren, Arkansas,
Attached to the Petition is a copy of the plat depicting the
streets and property in question.
SECTION 2: A copy of the ordinance duly certified by the
City Clerk shall be filed in the Office of the Recorder of the
county and recorded in the deed records of the county.
SECTION 3: The City does hereby retain two easements over
said vacated property in accordance with the February 16, 1988,
"Agreement for Joint Uses of Rights of Way and Easements" between
the City of Fort Smith and the City of Van Buren, specifically to
include a 25 foot wide utility easement for water transmissions
lines, one along the North side of the railroad tracks and the
other at the intersection of Poplar Street and North 12th Street.
The title to the abandoned property shall be vested in the
Petitioner in that they own the property on both sides of the
abandoned portion, subject to said easements by the City.
EMERGENCY CLAUSE: That the abandonment of said street is
necessary to preserve public health, welfare and safety of the
inhabitants of the City of Van Buren, Arkansas, and, therefore,
A
an emergency is declared to exist and that this Ordinance shall
take immediate effect upon passage.
This Ordinance passed and approved this ,.:2f/.? day of
January, 1994.
CITY OF VAN BUREN, ARKANSAS
BYE f *firr
ALLEN R. TOO I'i KER
ATTEST:
(;I.? 1/4.4 GRAHAM, CITY CLERK
Ell