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
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