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ORD NO 26-2011 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. _g 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 TWO PUBLIC UTILITY EASEMENTS ALONG LOTS 1 AND 2 OF THE GULLETTE ESTATES, AN ADDITION TO THE CITY OF VAN BUREN, CRAWFORD COUNTY, ARKANSAS, AND FOR OTHER PURPOSES. WHEREAS, A petition has been filed with the City Council of Van Buren, Arkansas, by Cynthia Dougan Gattis, and Jim and Dona Watson, to vacate and abandon the public utility easements along Lots 1 and 2 of the Gullette Estates, an addition to the City of Van Buren, Arkansas, more specifically described as follows: Two Existing 15.00 Foot Utility Easements TWO 15.00 FOOT WIDE UTILITY EASEMENTS LOCATED IN PART OF LOTS 1 AND 2, GULLETTE ESTATES, AN ADDITION TO THE CITY OF VAN BUREN, CRAWFORD COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE N86 °39'26 "E, ALONG THE NORTH LINE THEREOF, 15.00 FEET; THENCE S03 °20'34 "E, LEAVING SAID NORTH LINE OF LOT 1, 262.75 FEET; THENCE N87 °56'21 "E 218.99 FEET TO THE EAST LINE OF SAID LOT 2; THENCE S03 °02'23 "E, ALONG SAID EAST LINE OF LOT 2, 15.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE S87 °56'21 "W, ALONG THE SOUTH LINE OF SAID LOT 2, 233.91 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NO3 °20'34 "W, ALONG THE WEST LINE OF SAID LOTS 1 2, 277.42 FEET TO THE POINT OF BEGINNING, CONTAINING 7448.02 SQUARE FEET, MORE OR LESS; 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 sane 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. WHEREAS, The City Council of Van Buren, acting under the authority of A.C.A. 14- 199 -103 and A.C.A. 14 -301 -302, has the authority to vacate and abandon public utility easements or segments thereof. NOW, THEREFORE, BE IT ORDAINED 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 Lots 1 and 2 of the Gullette Estates 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. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of,5 for and() against, the foregoing Ordinance at its Regular Meeting held on the 17 day of October, 2011. \gyp ,I Ro.ert D. Free Mayor ATTESTED: PP ZONE 1 AS T n F u• M/ t X f ,l R Ill/ it e Barbie Curtis ice A. Settle City Clerk/Treasurer City Attorney