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ORD NO 21-1989 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. d -1989 AN ORDINANCE VACATING AND ABANDONING THE ALLEY LYING IN BLOCK 3, McGEE ADDITION TO THE CITY OF VAN BUREN, ARKANSAS, DECLARING AN EMERGENCY AND FOR ALL OTHER PURPOSES. WHEREAS, A Petition was duly filed with the City Council of the City of Van Buren, Arkansas on the 7th day of September, 1989, asking the City Council to vacate and abandon the alley lying in Block 3 McGee Addition to the City of Van Buren, Arkansas; and, WHEREAS, The City Clerk gave 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 alley hereinabove designated has heretofore been dedicated to the public use as an alley and that the same has: not been actually used by the public generally for a period of more than ten years preceeding this date; that a majority of 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 the abandon- ment 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 generally, in and to the alley in Block 3, McGee Addition to the City of Van Buren, Arkansas. SECTION 2: That the City of Van Buren, Arkansas does hereby reserve an easement over the above alley for the purpose of maintenance, replacement, and /or repair of any and all water and sewer lines that might be in existence, said easement is to be 15 feet in width unless that portion of the alley in which they are located is less than 15 feet, in which case they will be the width of the property being vacated and if no water or sewer lines are in existence then no such easement is reserved. 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 for the maintenance and control of traffic along streets within Van Buren, Arkansas; 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 October 1989. 1/4 Mayox !mo Ci y lerk