ORD NO 18-1993 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. p -1993
AN ORDINANCE VACATING AND ABANDONING A PORTION OF A PUBLIC UTILITY EASEMENT.
WHEREAS, A Petition was duly filed by Harold and Darla Porter, with the
City Council of the City of Van Buren, Arkansas, asking the City
Council to vacate and abandon a portion of a 10' public utility
easement running in a North /South direction along the East of Lot
38A, Vista North, Phase I, that portion to be vacated more
particularly described as follows:
Part of Lot 38A, Vista North Phase I as filed for record
on February 20, 1987 in Record Plat A Page 267 -B at
Circuit Clerks office, Crawford County, Van Buren,
Arkansas, more particularly described as follows:
Commencing at the Northeast corner of Lot 38A of said
Vista North Phase I; thence South 71 degrees 17 minutes
28 seconds West 10.0 feet along the North line of said
Lot 38A to a point on the southwesterly line of a 10.0
foot utility easement; thence South 21 degrees 04 minutes
02 seconds East, 21.1 feet along said easement line to a
point on northeasterly outer edge of a concrete swimming
pool deck for the Point of Beginning; thence South 33
degrees 53 minutes 01 seconds East 35.9 feet along the
northeasterly edge of said concrete deck to the easterly
extension of the southeasterly outer edge of a concrete
swimming pool deck; thence South 56 degrees 06 minutes 59
seconds West, 8.2 feet along the southeasterly edge of
said concrete deck to a point on the southwesterly line
of a 10.0 foot utility easement; thence North 21 degrees
04 minutes 02 seconds West, 36.8 feet to the Point of
Beginning, containing 146 square feet, more or less.
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 ease-
ment hereinabove designated had 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 priod of more than five (5) years preceeding this date; that
the owners of the property abutting such easement have expressed
their consent to such abandonment and the public interest and
welfare are not adversely affected by abandonment of the portion
of said easement:
0
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,
ARKANSAS:
III
SECTION 1: THAT 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 all of that portion of a 10' public
utility easement running in a North /South direction along the East
of Lot 38A, Vista North, Phase I, that portion to be vacated more
particularly described as follows:
Part of Lot 38A, Vista North Phase I as filed for record
on February 20, 1987 in Record Plat A Page 267 -B at
Circuit Clerks office, Crawford County, Van Buren,
Arkansas, more particularly described as follows:
Commencing at the Northeast corner of Lot 38A of said
Vista North Phase I; thence South 71 degrees 17 minutes
28 seconds West 10.0 feet along the North line of said
Lot 38A to a point on the southwesterly line of a 10.0
foot utility easement; thence South 21 degrees 04 minutes
02 seconds East, 21.1 feet along said easement line to a
point on northeasterly outer edge of a concrete swimming
pool deck for the Point of Beginning; thence South 33
degrees 53 minutes 01 seconds East 35.9 feet along the
northeasterly edge of said concrete deck to the easterly
extension of the southeasterly outer edge of a concrete
swimming pool deck; thence South 56 degrees 06 minutes 59
seconds West, 8.2 feet along the southeasterly edge of
said concrete deck to a point on the southwesterly line
of a 10.0 foot utility easement; thence North 21 degrees
04 minutes 02 seconds West, 36.8 feet to the Point of
Beginning, containing 146 square feet, more or less.
SECTION 2: 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 20TH DAY OF SEPTEMBER 19 93
i■ M
MAYOW
ATTESTED:
CQ RK— TREASURER