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ORD NO 10-1989 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. -1989 AN ORDINANCE VACATING AND ABANDONING A PORTION OF AN ALLEY AND PARTS OF THREE STREETS IN MOUNTAIN VIEW ADDITION TO THE CITY OF VAN BUREN, ARKANSAS. WHEREAS, A Petition was duly filed with the City Council of the City of Van Buren, Arkansas, on the 5th day of April, 1989, asking the City Council to vacate and abandon the alley between Lots 1 through 5 and Lots 8 through 12, Block I, Mountain View Addition; the South 30 feet of Grand Avenue adjoin- ing Lots 1 through 6, Block I, Mountain View Addition; the West 23 feet of Alta Vista Street from the centerline of Grand Avenue to the South line of Walnut Street except that portion adjoining the alleyway in Block I; and all of Walnut Street between Block I and Block 0 of Mountain View Addition, all in the City of Van Buren, Arkansas; 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 alley and streets hereinabove designated have hereto- fore been dedicated to the public use as an alley and streets and that the same have not been actually used by the public generally for a period of more than ten years preceeding this date; that the owners of the property abutting such alley 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 such alley: 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 gen- erally, in and to all that portion of the alley between Lots 1 through 5 and Lots 8 through 12, Block I, Mountain View Addition; the South 30 feet of Grand Avenue adjoining Lots 1 through 6, Block I, Mountain View Add- ition; the West 23 feet of Alta Vista Street from the centerline of Grand Avenue to the South line of Walnut Street except that portion adjoining the alleyway in Block I; and all of Walnut Street between Block I and 7 2 Block 0 of Mountain View Addition, all in the City of Van Buren, Arkansas. SECTION 2: THAT the City of Van Buren, Arkansas, does hereby reserve, however, any existing utility easements which may be in place for the pur- pose of maintenance, replacement, and /or repair of any and all water and sewer or other utility lines over said property, and further requires that no structure be placed over any existing utility line. SECTION 3: THAT 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 there- fore, an emergency is declared to exist, and this act being necessary for the preservation of public peace, health, welfare and safety shall take effect and be in full force from and after its passage. PASSED AND APPROVED THIS 15TH DAY OF MAY 19 89 C� MAYOR ATTESTED; G CI' RK -TR ASURER