ORD NO 17-1994 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. /7 1994
AN ORDINANCE AUTHORIZING THE ABANDONMENT OF THAT PORTION OF
OF NORTH 12TH STREET WHICH LIES BETWEEN ELM STREET AND POPLAR
STREET BETWEEN BLOCK 7 AND 8 OF MCGEE ADDITION AND THAT PORTION
OF ELM STREET WHICH LIES BETWEEN NORTH 12TH STREET AND NORTH 13TH
STREET BETWEEN BLOCK 8 AND 9 OF MCGEE ADDITION 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
the City of Van Buren, Arkansas, on the 18th day of April
1994, asking the City Council to vacate and abandon that portion
of North 12th Street which lies between Elm Street and Poplar
Street between Block 7 and 8 of McGee Addition and that portion
of Elm Street which lies between North 12th Street and North 13th
Street between Block 8 and 9 of McGee Addition to the City of Van
Buren, Arkansas.
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 portions of the streets hereinbefore described, has
heretofore been dedicated to the public use as a street herein
described; that the Petitioner owns the property abutting the
portions of the streets to be vacated; and that public interest
and welfare will not be adversely affected by the abandonment of
those portions of the streets above set out.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS:
SECTION 1: The City of Van Buren, Arkansas, releases,
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vacates and abandons all its rights, together with the rights of
the public generally, in and to the portions of the streets
designated as follows:
That portion of North 12th Street which lies between Elm
Street and and Poplar Street between Block 7 and 8 of McGee
Addition and that portion of Elm Street which lies between
North 12th Street and North 13th Street between Block 8 and
9 of McGee Addition to the City of Van Buren, Arkansas.
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 an easement over
said vacated property for utility purposes. The title to the
abandoned property shall be vested in the Petitioner in that it
owns the property on both sides of the abandoned portion, subject
to said easement by the City.
EMERGENCY CLAUSE: That the abandonment of said portions of
the streets above described is necessary to preserve public
health, welfare and safety of the inhabitants of the City of Van
Buren, Arkansas, and, therefore, an emergency is declared to
exist and that this Ordinance shall take immediate effect upon
passage.
This Ordinance passed and approved this 16th day of
May 1994.
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•YOR,CITY OF •N BUREN
ATTEST:—
.TY CLERK