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ORD NO 14-2012 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 4 2012 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO ABANDON A PUBLIC ALLEYWAY IN THE RIVERSIDE ADDITION, INSIDE THE CITY OF VAN BUREN, CRAWFORD COUNTY, ARKANSAS, AND FOR OTHER PURPOSES. WHEREAS, a petition has been filed with the City Council of Van Buren, Arkansas, by Alvin L. Prieur, Jr., on behalf of the owners of Lots 1 through 6 and Lots 7 through 12 of Riverside Addition to abandon the public alleyway along said Tots more particularly described as follows: Description of Existing 15.00 Foot Public Utility Easement The West 15' of Lots 1 through 10 and the South 15' of Lots 10 through 12 of Legacy Valley Phase I, to the City of Van Buren, Arkansas, Crawford County, Arkansas, as recorded December 28, 2010 as Plat 2010 -27, less and except the North 15' of the West 15' of said Lot 1 and the South 7.5' of the West 15' of said Lot 9 and the North 7.5' of the West 15' of Lot 10 and the East 7.5' of the South 15' of said Lot 11 and the West 7.5' of the South 15' of said Lot 12. 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 public alleyway hereinabove designated has therefore been dedicated to the public use as a public alleyway and that the same has not been used for a period of more than five (5) years preceding this date; and that the owners of the property abutting public alleyway to be abandoned 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 said public alleyway. WHEREAS, The City Council of Van Buren, acting under the authority of A.C.A. 14- 199 -103 and A.C.A. 14 -301 -302, has the authority to abandon public alleyways or segments thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION l: 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 public alleyway running between Lots 1 through 6 and Lots 7 through 12 of Riverside Addition in the City of Van Buren, Arkansas, more specifically described above. SECTION 2: 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. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of 4 for and 0 against, the foregoing Ordinance at its regular meeting held on the 27 day of August 2012. Robert D. Fr- Mayor ATTESTED: �:v• jp s1 0 S TO FORM: --7J-9 Barbie Curtis Cane A. Settle City Clerk/Treasurer City Attorney