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ORD NO 01-1989 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. -1989 AN ORDINANCE FOR REMOVAL OF A PORTION OF THE UTILITY EASEMENT RUNNING BETWEEN LOTS 2 AND 3, RICKEY ADDITION, PHASE I, BEGINNING AT THE SOUTHWEST CORNER OF THE UTILITY EASEMENT, THENCE EASTERLY ALONG SAID EASEMENT A DISTANCE OF 80 FEET, THENCE NORTH l FEET, THENCE WESTERLY A DISTANCE OF 80 FEET, THENCE SOUTH 1} FEET TO THE POINT OF BEGINNING. WHEREAS, A Petition was filed with the City Council of the City of Van Buren, Arkansas, on the 12th day of December, 1988, asking the City Council to remove a portion of the utility easement running between Lots 2 and 3, Rickey Addition, Phase I; and WHEREAS, The City Council did on the 19th day of December, 1988, pass a Resolution setting a date for the Hearing on the Petition and order- ing the City Clerk to give notice of such Hearing as required by Arkansas Statutes; 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 utility easement hereinabove designated has heretofore been dedicated to the public use as a utility easement; that no utilities are presently using this easement and the public interest and welfare are not adversely affected by the abandonment of part of said easement: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION l: 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 THAT PORTION OF THE UTILITY EASEMENT RUNNING BETWEEN LOTS 2 AND 3, RICKEY ADDITION, PHASE I, BEGINNING AT THE SOUTHWEST CORNER OF THE UTILITY EASEMENT, THENCE EASTERLY ALONG SAID EASEMENT A DISTANCE OF 80 FEET, THENCE NORTH li FEET, THENCE WESTERLY A DISTANCE OF 80 FEET, THENCE SOUTH 1$ FEET TO THE POINT OF BEGINNING. 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: That the immediate passage of this act is necessary and therefore an emergency is declared to exist and this act being necessary for the preservation of public peace, health, welfare and safety and shall take effect and be in full force from and after its passage. PASSED AND APPROVED THIS 16TH DAY OF JANUARY 19 89 Mr lir MAYOR ATTESTED: Ale 4016 CI Y CLERK -T` ASURER