ORD NO 19-2011 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO VACATE AND ABANDON A PUBLIC UTILITY
EASEMENT RUNNING ALONG A PART OF TRACT 1 OF NULL
TRACTS 1, 2, AND 3 IN THE CITY OF VAN BUREN, ARKANSAS; AND
FOR OTHER PURPOSES.
WHEREAS, a petition has been filed with the City Council of Van Buren, Arkansas, by Bob Null to
vacate and abandon the public utility easement along Tract I of Null Tracts 1, 2 and 3,
being a replat of Lots IBA, 19A, and 19B, Crawford County Industrial Park Phase II, an
addition to the City of Van Buren, Arkansas, more specifically described as follows:
Existing 20.00 Foot Public Utility Easement Description
Part of Tract 1, Null Tracts 1, 2, and 3, Van Buren, Crawford County, Arkansas being
more particularly described as follows:
Commencing at a '/z inch existing rebar marking the Northwest Corner of Tract 1.
Thence along the east line of Tract 1, South 01 degrees 28 minutes 00 seconds West,
650.00 feet to a 3/4 inch existing iron pin. Thence leaving said east line, North 88 degrees
31 minutes 40 seconds West, 65.50 feet to a point on the west line of an existing 40.00
foot public utility and drainage easement and the Point of Beginning. Thence along said
west line, South 01 degrees 28 minutes 00 seconds West, 20.00 feet. Thence leaving said
west line, North 88 degrees 31 minutes 40 seconds West, 219.50 feet to a point on the
east line of an existing 15.00 foot public utility easement. Thence along said east line,
North 01 degrees 28 minutes 00 seconds East, 20.00 feet to a point on the south line of an
existing 15.00 foot utility easement. Thence along said south line, South 88 degrees 31
minutes 40 seconds East, 219.50 feet to the Point of Beginning, containing 4,389.93
square feet.
and
WHEREAS, A.C.A. §14- 199 -103 provides for the abandonment of public utility easements under the
conditions and in the manner provided for the vacation of streets and alleys proscribed by
A.C.A. 14- 301 -301 et seq.; and
WHEREAS, After due notice as required by law, the Council has at the time and place made notice,
heard all persons desiring to be heard on the question and has ascertained that the public
utility easement hereinabove designated has therefore been dedicated to the public use as
a utility easement and that the same has not been used for a period of more than five (5)
years preceding this date; and that the owners of the property abutting such utility
easement to be vacated have filed with the Council or have expressed their consent to
such abandonment and the public interest and welfare are not adversely affected by
abandonment of said public utility easement.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: The City of Van Buren, Arkansas, hereby releases, vacates, and abandons all its rights,
together with the rights of the public generally, in and to the public utility easement
running along Tract 1 of Null Tracts 1, 2, and 3, in the City of Van Buren, Arkansas,
more specifically described above.
SECTION 2: A copy of this 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.
SECTION 3: This ordinance shall take effect and be in force from and after its passage.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of p for and 0 against, the foregoing Ordinance at its Regular Meeting
held on the 18 day of July, 2011.
Robert D. Freeman
Mayor
ATTESTED: 'ROV I AS TO :ORM:
Wet: t 441 4 s
Barbie Curtis Candice A. Se e
City Clerk/Treasurer City Attorney