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ORD NO 01-1985 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. -1985 AN ORDINANCE VACATING AND ABANDONING THAT PART OF BALTIMORE STREET LYING BETWEEN BLOCK 1 AND BLOCK 2, MEYER HEIGHTS ADDITION AND THAT PART OF THE ALLEY IN BLOCK 2, MEYER HEIGHTS ADDITION LYING BETWEEN LOTS 2 THROUGH 6 AND 7 THROUGH 11; AND ALL THAT PART OF SOUTH 16th STREET LYING WITHIN THAT PLATTED AREA OF O LOT 8, BLOCK 1, EDGEWOOD PLACE AND BLOCK 2, MEYER HEIGHTS ADDI TION, 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 17th day of December, 1984, asking the City Council to vacate and abandon that part of Baltimore Street lying between Block 1 and Block 2, Meyer Heights Addition and that part of the alley in Block 2, Meyer Heights Addition lying between Lots 2 through 6 and 7 through 11; and all that part of South 16th Street lying within the platted area of Lot 8, Block 1, Edgewood Place and Block 2, Meyer Heights Addition, Van Buren, Arkansas; and WHEREAS, the City Council did on the 17th day of December, 1984, 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 desir- ing to be heard on the question and has ascertained that that portion of the streets and alleyway hereinabove designated has heretofore been dedicated to the public use as streets and a alleyway 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 a majority of the owners of the property abutting such streets and alleyway 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 streets and alleyway. 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 al] it rights, together with the rights of the public generally, in and to that part of Balti- (2) more Street lying between Bock 1 and Block 2, Meyer Heights Addition and that part of the alley in Block 2, Meyer Heights Addition lying between Lots 2 through 6 and 7 through 11; and all that part of South 16th Street lying within the platted area of Lot 8, Block 1, Edgewood Place and Block 2, Meyer Heights Addition. SECTION 2: That the City of Van Buren, Arkansas does hereby reserve an easement over the above described streets and alleyway 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 street or alleyway in which they are located are less than 15 feet, in which case they will be the width of the prop- erty being vacated and if no water or sewer lines are in exist- ence 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 preser- vation 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 JANUARY, 1985. MAYOR ATTTEEESS;C; y [t �7C14.4 e�//r {i/Ly1 CI PY" CLIRk