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ORD NO 05-1988 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 5 1988 AN ORDINANCE FOR REMOVAL OF A 15 FOOT UTILITY EASEMENT RUNNING THROUGH LOT 155, OAKLAWN ADDITION PHASE II, BEING 7.5 FEET EITHER SIDE OF A CENTER LINE DESCRIBED AS BEGINNING 50 FEET EAST OF THE SOUTHWEST CORNER OF LOT 155 OAKLAWN ADDITION PHASE II; THENCE NORTH 88 FEET TO THE POINT OF TERMINATION. WHEREAS, A petition was filed with the City Council of the City of Van Buren, Arkansas, on the 15th day of February, 1988, asking the City Council to remove the 15 foot utility easement running through Lot 155, Oaklawn Add- ition Phase II, being 7.5 feet either side of a center line described as beginning 50 feet East of the South- west Corner of Lot 155 Oaklawn Addition Phase II, thence North 88 feet to the point of termination; and WHEREAS, The City Council did on the 15th day of February, 1988, pass a Resolution setting a date for the hearing on the Petition and ordering 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 all of the utilities presently using this easement have now vacated the same and moved their lines to a new location and the public interest and welfare are not adversely affected by the abandoment of such 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 entire 15 foot utility easement running through Lot 155, Oaklawn Addition Phase II, being 7.5 feet either side of a center line described as beginning 50 feet East of the Southwest Corner of Lot 155 Oaklawn Addition, Phase II, thence North 88 feet to the point of termination. 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 21ST DAY OF MARCH 1988 MAYOR ATTESTED.: CI'Y CLERK- TREASURER