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ORD NO 20-1991A 0 ORDINANCE NO. 0 2/9-,W/ AN ORDINANCE AUTHORIZING THE ABANDONMENT OF PORTION OF ALLEY BETWEEN SOUTH 11TH STREET AND THE TOWN DITCH, BLOCK "C MEYERS ADDITION TO THE CITY OF VAN BUREN, ARKANSAS, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, a Petition was duly filed with the City Council of the City of Van Buren, Arkansas, on the /3' day of July, 1991, asking the City Council to vacate and abandon all that portion of an alley designated on the plat of the Meyers Addition to the City now appearing of record in plat book /9 page 2 573 in the office of the recorder of Crawford County, beginning at -iL and ending at »tt and, WHEREAS, after due notice as required by law, the council has, at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained that the alley or the portion thereof, hereinbefore described, has heretofore been dedicated to the public use as an alley herein described; has not been actually used by the public generally for a period of at least five (5) years subsequent to the filing of the plat; that all the owners of the property abutting upon the portion of the alley to be vacated have filed with the council their written consent to the abandonment; and that public interest and welfare will not be adversely affected by the abandonment of the alley. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: The City of Van Buren, Arkansas, releases, vacates and abandons all its rights, together with the rights of the public generally, in and to the portion of the alley designated as follows: That portion of an alley running between South 11th Street and the Town Ditch and resting between Lots 16 and 14 on the North side and Lots 15 and 13 on the South side of Block "C Meyer's Addition to the City of Van Buren, Arkansas. Attached hereto is a copy of the plat depicting the streets and property in question. SECTION 2: A copy of the ordinance duly certified by the City Clerk shall be filed in the office of the recorder of the county and recorded in the deed records of the county. SECTION 3: The City does hereby retain an easement over said vacated property for utility purposes. The title to the abandoned property shall be vested in the Petitioners in that they own the property on both sides of the abandoned portion, subject to said easement by the City. EMERGENCY CLAUSE: That the abandonment of said alley is necessary to preserve public health, welfare and safety of the inhabitants of the City of Van Buren, Arkansas, and, therefore, 0 0 an emergency is declared to exist and that this Ordinance shall take immediate effect upon passage. This Ordinance passed and approved this /7 day of a 1991. l I MAYOR, CITY 0 VAN BUREN ATTEST CI CLERK