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ORD NO 21-1994 Al/ CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 021 -1994 AN ORDINANCE VACATING A PORTION OF A 15 -FOOT UTILITY EASEMENT. WHEREAS, A Petition was duly filed by Louis and Linda Wallman, 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 147 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 Southeast corner of said Lot 147; thence North 00 degrees 50 minutes 08 seconds East, 15.00 feet along the East line of said Lot 147; thence North 89 degrees 09 minutes 52 seconds West, 13.51 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 00 degrees 12 minutes 25 seconds East, 7.14 feet to the Southeast corner of said concrete pad; thence South 89 degrees 47 minutes 35 seconds west 17.62 feet to the Southwest corner of said concrete pad; thence North 00 degrees 12 minutes 25 seconds West, 7.46 feet to a point on the West edge of said concrete pad and the North line of said 15.0 foot utility easement; thence South 89 degrees 09 minutes 52 seconds East, 17.62 feet to the point of beginning, containing 129 square feet or 0.003 acres, more or less, according to survey of Koffman- Prieur Associates dated 4- 10 -94. ALSO Tract B Part of Lot 147 Vista North -Phase IV an addition to the City of Van Buren, Arkansas as filed for record in Plat Book A, Page 2720 at the Circuit Clerk's Office, Crawford County, Arkansas, more particularly described as follows: Commencing at the Southwest corner of said Lot 147; thence North 00 degrees 50 minutes 08 seconds East, 15.00 feet along the West line of said Lot 147; thence South 89 degrees 09 minutes 52 seconds East, 14.16 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 wood deck for the point of beginning; thence South 89 degrees 09 minutes 52 seconds East 20.19 feet along the North line of said utility easement to the East edge of said wood deck; thence South 00 degrees 20 minutes 19 seconds East, 8.73 feet to the Southeast corner of said wood deck; thence South 89 degrees 39 minutes 41 seconds West, 20.19 feet along the South edge of said wood deck to the Southwest corner of said wood deck; thence North 00 degrees 20 minutes 19 seconds West, 9.14 feet to the point of beginning, containing 180 square feet or 0.004 acres, more or less, according to survey of Hoffman Prieur Associates dated April 10, 1994. A copy of a survey of Lot 147 Vista North -Phase IV is attached hereto and incorporated herein as Exhibit "A 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: 0 Tract A Part of Lot 147 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 Southeast corner of said Lot 147; thence North 00 degrees 50 minutes 08 seconds East, 15.00 feet along the East line of said Lot 147; thence North 89 degrees 09 minutes 52 seconds West, 13.51 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 00 degrees 12 minutes 25 seconds East, 7.14 feet to the Southeast corner of said concrete pad; thence South 89 degrees 47 minutes 35 seconds West 17'.62 feet to the Southwest corner of said concrete pad; thence North 00 degrees 12 minutes 25 seconds West, 7.46 feet to a point on the West edge of said concrete pad and the North line of said 15.0 foot utility easement; thence South 89 degrees 09 minutes 52 seconds East, 17.62 feet to the point of beginning, containing 129 square feet or 0.003 acres, more or less, according to survey of Koffman- Prieur Associates dated 4- 10 -94. ALSO Tract 8 Part of Lot 147 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 Southwest corner of said Lot 147; thence North 00 degrees 50 minutes 08 seconds East, 15.00 feet along the West line of said Lot 147; thence South 89 degrees 09 minutes 52 seconds East, 14.16 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 wood deck for the point of beginning; thence South 89 degrees 09 minutes 52 seconds East 20.19 feet along the North line of said utility easement to the East edge of said wood deck; thence South 00 degrees 20 minutes 19 seconds East, 8.73 feet to the Southeast corner of said wood deck; thence South 89 degrees 39 minutes 41 seconds West, 20.19 feet along the South edge of said wood deck to the Southwest corner of said wood deck; thence North 00 degrees 20 minutes 19 seconds West, 9.14 feet to the point of beginning, containing 180 square feet or 0.004 acres, more or less, according to survey of Hoffman Prieur Associates dated April 10, 1994. CO A copy of a survey of Lot 147 Vista North -Phase TV is attached hereto and incorporated herein as Exhibit "A e 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 ,19 94 if I l I t a ta IS `TAYOR ATTESTED: CITY aLERKEASURE 0