ORD NO 08-1986 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. t -1986
AN ORDINANCE VACATING AND ABANDONING ALL THAT PORTION OF EMMA STREET
LYING WEST OF NORTH 24TH STREET AND EAST OF THE BURLINGTON NORTHERN
RAILROAD TRACKS, AND LYING BETWEEN BLOCKS Q AND P OF REA'S 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, the 21st day of April, 1986, asking the
City Council to vacate and abandon all that portion of Emma Street
lying west of North 24th Street and East of the Burlington Northern
Railroad Tracks, and lying between Blocks Q and P of Rea's Addition
to the City of Van Buren, Arkansas; and
WHEREAS, the City Council did on the 21st day of April, 1986,
pass a resolution setting the date of 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 that portion of the street
hereinabove designated has heretofore been dedicated to the public use
as a street 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 street 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 abandonment of such street.
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 that portion of Emma Street lying West of
North 24th Street and East of the Burlington Northern Railroad Tracks,
and lying between Blocks Q and P of Rea's Addition to the City of Van
Buren, Arkansas.
SECTION 2: That the City of Van Buren, Arkansas, does hereby
reserve, however, a 15 foot easement over the above described property
for the purpose of maintenance, replacement, and /or repair of any and
all water and sewer or other utility lines over said property.
SECTION 3: A copy of this Ordinance duly certified by the City
Clerk shall be filed in the office of the Recorder of the County and
recorded in the deed records 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 19th DAY OF May 19 86
,411'
ATTESTED:
t
V hf AGU G Leon.) ACIIty (x=/t
etit h
CITY CLERK TREASURER 0