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ORD NO 17-1990 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. /7 -1990 AN ORDINANCE FOR REMOVAL OF 2'8" FROM THE UTILITY EASEMENT BETWEEN LOTS 143 AND 144 OF RICKEY ADDITION, PHASE III, TO THE CITY OF VAN BUREN, ARKANSAS. WHEREAS, A request was filed with the City of Van Buren, Arkansas, on the 10th day of September, 1990, asking the City Council to remove 2'8" of the easement run- ning between Lots 143 and 144 of Rickey Addition, Phase III, to the City of Van Buren, Arkansas; and WHEREAS, After due notice to all involved Utility Companies, the Council has ascertained that the utility easement hereinabove designated has heretofore been dedicated to the public use as a utility easement; that the Utility Companies presently using this easement have agreed to the abandonment and the public interest and welfare are not adversely affected by the abandonment of 2'8" of said easement: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: 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 THE NORTHWEST 2'8" OF THE UTILITY EASEMENT BETWEEN LOTS 143 AND 144 OF RICKEY ADDITION, PHASE III, TO THE CITY OF VAN BUREN, ARKANSAS. SECTION 2: The abandonment of the 2'8" of the utility easement referred to in Section 1 is con- ditioned on the new owners granting written permission to each of the affected utilities for their lines to be within the 2'8" and access to repair same lines if necessary. SECTION 3: 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 4: That the immediate passage of this act is necessary and therefore an emergency is declared to exist and this act being necessary for the pre- servation of public peace, _health, welfare and safety, shall take effect and be in full force from and after its passage. PASSED AND APPROVED THIS 17TH DAY OF SEPTEMBER 1990 it MAYOR. ATTEST CITY -LERK- TREASURER