ORD NO 20-1994 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 2 rJ -1994
AN ORDINANCE VACATING A PORTION OF A 15 -FOOT UTILITY BASEMENT.
WHEREAS, A Petition was duly filed by Joe Sirmon, with the
City Council of the City of Van Buren, Arkansas,
asking the City Council to vacate a portion of a 15
foot utility easement in Vista North, Phase IV, more
particularly described as follows:
Tract A
Part of Lot 145 Vista North -Phase I:V an addition to the
City of Van Buren, Arkansas filed for record in Plat Book
A, Page 272D at the Circuit Clerk's office, Crawford
County, Arkansas, more particularly described as follows:
Commencing at the Southwest corner of said Lot 145;
thence North 00 degrees 50 minutes 17 seconds East, 15.00
feet along the West line of said Lot 145; thence South 89
degrees 09 minutes 52 seconds East, 35.98 feet to a point
on the North right of way line of a 15.0 foot utility
easement and on the West edge of a concrete pad for the
point of beginning; thence South 89 degrees 09 minutes 52
seconds East, 20.10 feet along the North line of said
utility easement to the East edge of said concrete pad;
thence South 01 degrees 52 minutes 18 seconds West, 5.12
feet to the Southeast corner of said concrete pad; thence
North 88 degrees 07 minutes 42 seconds West, 20.09 feet
to the Southwest corner of said concrete pad; thence
North 01 degrees 52 minutes 18 seconds East, 4.76 feet to
the point of beginning, containing 99 square feet or
0.002 acres, more or less, according to survey of Hoffman
Prieur Associates, Inc. dated 4- 10 -94.
ALSO
Tract B
Part of Lot 145 Vista North -Phase IV an addition to the
City of Van Buren, Arkansas as filed for record in Plat
Book A, Page 272D at the Circuit Clerk's Office, Crawford
County, Arkansas, more particularly described as follows:
Commencing at the Southeast corner of said Lot 145;
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thence North 00 degrees 50 minutes 08 seconds East, 15.00
feet along the East line of said Lot 145; thence North 89
degrees 09 minutes 52 seconds West, 1.10 feet to a point
on the North right of way line of a 15.0 foot utility
easement and on the East edge of a concrete pad for the
point of beginning; thence South 02 degrees 07 minutes 46
seconds East, 9.05 feet to the Southeast corner of said
concrete pad; thence South 87 degrees 52 minutes 14
seconds West, 10.71 feet to the Southwest corner of said
concrete pad; thence North 02 degrees 07 minutes 46
seconds West, 9.60 feet to a point on the West edge of
said concrete pad and the North line of a 15.0 foot
utility easement; thence South 89 degrees 09 minutes 52
seconds East, 10.72 feet to the point of beginning,
containing 100 square feet, more or less or 0.002 acres,
more or less according to survey of Hoffman Prieur
Associates dated April 10, 1994.
ALSO
Tract C
Part of Lot 146 Vista North -Phase IV, an addition to the
City of Van Buren, Crawford County, Arkansas, as filed
for record in Plat Book A, Page 272D at the Circuit
Clerk's Office, Crawford County, Arkansas, more
particularly described as follows: Commencing at the
Southeast corner of said Lot 146; thence North 00 degrees
50 minutes 08 seconds East, 15.00 feet along the East
line of said Lot 146; thence North 89 degrees 09 minutes
52 seconds West, 13.35 feet to a point on the North right
of way line of a 15.0 foot utility easement and on the
East edge of a concrete deck; thence South 01 degrees 37
minutes 44 seconds West, 10.81 feet to the Southeast
corner of said concrete deck; thence North 88 degrees 43
minutes 36 seconds West, 66.77 feet to the Southwest
corner of a wood structure; thence North 42 degrees 57
minutes 45 seconds West 5.05 feet along the edge of said
wood structure; thence North 02 degrees 02 minutes 15
seconds East, 5.05 feet along the edge of said wood
structure; thence North 47 degrees 02 minutes 15 seconds
East, 2.16 feet along the edge of said wood structure to
a point on the North line of a 15.0 foot utility
easement; thence South 89 degrees 09 minutes 52 seconds
East, 73.80 feet to the point of beginning, containing
785 square feet or 0.018 acres, more or less, according
to survey of Hoffman Prieur Associates dated 4- 10 -94.
A copy of a survey of Lots 145 and 146 Vista North -Phase IV is
attached hereto and incorporated herein as Exhibit "A
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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 here
inabove designated has been dedicated to the public
as a public utility easement 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 express-
ed their consent to such abandonment and the public
interest and welfare are not adversely affected by
abandonment of the portion of said easement:
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 ease-
ment in Vista North, Phase IV, more particularly
described as follows:
Tract A
Part of Lot 145 Vista North -Phase IV an addition to the
City of Van Buren, Arkansas filed for record in Plat Book
A, Page 272D at the Circuit Clerk's office, Crawford
County, Arkansas, more particularly described as follows:
Commencing at the Southwest corner of said Lot 145;
thence North 00 degrees 50 minutes 17 seconds East, 15.00
feet along the West line of said Lot 145; thence South 89
degrees 09 minutes 52 seconds East, 35.98 feet to a point
on the North right of way line of a 15.0 foot utility
easement and on the West edge of a concrete pad for the
point of beginning; thence South 89 degrees 09 minutes 52
seconds East, 20.10 feet along the North line of said
utility easement to the East edge of said concrete •pad;
thence South 01 degrees 52 minutes 18 seconds West, 5.12
feet to the Southeast corner of said concrete pad; thence
North 88 degrees 07 minutes 42 seconds West, 2.0.09 feet
to the Southwest corner of said concrete pad; thence
North 01 degrees 52 minutes 18 seconds East, 4.76 feet to
the point of beginning, containing 99 square feet or
0.002 acres, more or less, according to survey of Hoffman
Priem: Associates, Inc. dated 4- 10 -94.
ALSO
Tract B
Part of Lot 145 Vista North -Phase IV an addition to the
City of Van Buren, Arkansas as filed for record in Plat
Book A, Page 272D at the Circuit Clerk's Office, Crawford
County, Arkansas, more particularly described as follows:
Commencing at the Southeast corner of said Lot 145;
thence North 00 degrees 50 minutes 08 seconds East, 15.00
feet along the East line of said Lot 145; thence North 89
degrees 09 minutes 52 seconds West, 1.10 feet to a point
on the North right of way line of a 15.0 foot utility
easement and on the East edge of a concrete pad for the
point of beginning; thence South 02 degrees 07 minutes 46
seconds East, 9.05 feet to the Southeast corner of said
concrete pad; thence South 87 degrees 52 minutes 14
seconds West, 10.71 feet to the Southwest corner of said
concrete pad; thence North 02 degrees 07 minutes 46
seconds West, 9.60 feet to a point on the West edge of
said concrete pad and the North line of a 15.0 foot
utility easement; thence South 89 degrees 09 minutes 52
seconds East, 10.72 feet to the point of beginning,
containing 100 square feet, more or less or 0.002 acres,
more or less according to survey of Hoffman Prieur
Associates dated April 10, 1994.
ALSO
Tract C
Part of Lot 146 Vista North -Phase IV, an addition to the
City of Van Buren, Crawford County, Arkansas, as filed
for record in Plat Book A, Page 272D at the Circuit
Clerk's Office, Crawford County, Arkansas, more
particularly described as follows: Commencing at the
Southeast corner of said Lot 146; thence North 00 degrees
50 minutes 08 seconds East, 15.00 feet along the East
line of said Lot 146; thence North 89 degrees 09 minutes
52 seconds West, 13.35 feet to a point on the North right
of way line of a 15.0 foot utility easement and on the
East edge of a concrete deck; thence South 01 degrees 37
minutes 44 seconds West, 10.81 feet to the Southeast
corner of said concrete deck; thence North 88 degrees 43
minutes 36 seconds West, 66.77 feet to the Southwest
corner of a wood structure; thence North 42 degrees 57
minutes 45 seconds West 5.05 feet along the edge of said
wood structure; thence North 02 degrees 02 minutes 15
seconds East, 5.05 feet along the edge of said wood
structure; thence North 47 degrees 02 minutes 15 seconds
East, 2.16 feet along the edge of said wood structure to
a point on the North line of a 15.0 foot utility
easement; thence South 89 degrees 09 minutes 52 seconds
East, 73.80 feet to the point of beginning, containing
785 square feet or 0.018 acres, more or less, according
to survey of Hoffman Prieur Associates dated 4- 10 -94.
A copy of a survey of Lots 145 and 146 Vista North -Phase IV is
attached hereto and incorporated herein as Exhibit Al.
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0 SECTION II: 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 18TH DAY OF JULY ,1994
MAYOR
ATTESTED:
CLERK -TR'A U'ER