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ORD NO 15-1994 0 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. Asp -1994 AN ORDINANCE VACATING AND ABANDONING A PORTION OF A PUBLIC UTILITY BASEMENT. WHEREAS, A Petition was duly filed by Robert Perkins, with the City Council of the City of Van Buren, Arkansas, asking the City Council to vacate and abandon a portion of a 15 foot public utility easement running East to West across the Northern portion of Lot 67, Oaklawn Addition to the City of Van Buren, Arkansas, that portion to be vacated more particularly described as follows: Commencing at a found iron pipe at the Northwest corner of Lot 67 of said Oaklawn; thence East, 33.5 feet along the North line of said Lot 67; thence South, 8.6 feet to a point on the Northwest corner of a structure for the Point of beginning; thence South 87 degrees 08 minutes East, 26.8 feet along the North side of said structure; thence South 02 degrees 52 minutes West, 5.0 feet along the East side of said structure to a point on the South line of a 15.0 foot water line easement; thence West, 26.8 feet along the South line of said 15.0 foot water line easement to a point on the West side of said structure; thence North 02 degrees 52 minutes East, 6.5 feet to, the point of beginning, containing 153 square feet or 0.004 acres more or less. and, WHEREAS, After due notice as required by law, the City Council has at the time and place made notice, heard all persons desiring to be heard on the question and has ascertained that the portion of the easement hereinabove designated had been dedicated to the public as a public utility ease- ment and that that portion to be abandoned is not now used by any public utility and has not been so used for a period of more than five (5) years preceeding this date; that the owners of the property abutting such easement have expressed their consent to such abandon- ment and the public interest and welfare are not adversely affected by abandonment of the portion of said easement: 0 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION I; 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 15 foot public utility easement running East to West across the Northern portion of Lot 67, Oaklawn Addition to the City of Van Buren, Arkansas, that portion to be vacated more particularly described as follows: Commencing at a found iron pipe at the Northwest corner of Lot 67 of said Oaklawn; thence East, 33.5 feet along the North line of said Lot 67; thence South, 8.6 feet to a point on the Northwest corner of a structure for the Point of beginning; thence South 87 degrees 08 minutes East, 26.8 feet along the North side of said structure; thence South 02 degrees 52 minutes West, 5.0 feet along the East side of said structure to a point on the South line of a 15.0 foot water line easement; thence West, 26.8 feet along the South line of said 15.0 foot water line easement to a point on the West side of said structure; thence North 02 degrees 52 minutes East, 6.5 feet to. the point of beginning, containing 153 square feet or 0.004 acres 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 16T11 DAY OF MAY ,19 94 t AYOR ATTESTED: A an CI Y LERK- TREASURER