ORD NO 19-2012 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. q 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 RIGHT -OF -WAY IN THE
BOATRIGHT SUBDIVISION, 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 Paul
Pitchford on behalf of the owners of Lots 13 and 14, Lots 23 -26, and Lot 35 of Boatright
Subdivision to abandon the public right-of-way along said lots more particularly
described as follows:
Description of Existing 35.00 Foot Public Right- of -Wav
Beginning at the Northwest corner of Lot 13, Boatright Subdivision, same point being on
the easterly right -of -way of South 27 Street (formerly known as Lexington Street),
thence along the westerly line of Lots 13, 24, and 25, 578 feet to the South, thence along
said right -of -way, 35 feet to the East of Lot 35, Boatright Subdivision, thence along
easterly line of Lots 26, 23, and 14, 578 feet to the North, said point being of the westerly
right -of -way line of South 27 Street Boatright Subdivision to the point of beginning.
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 right-of-way 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 right-of-
way 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 right -of -way; and
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 rights -of -way or segments
thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS, THAT:
SECTION 1: 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 right-of-way running
Lots 13 and 14, Lots 23 -26, and Lot 35 of Boatright Subdivision in the City of Van
Buren, Arkansas, more specifically described above.
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.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of y for and 0 against, the foregoing Ordinance at its regular meeting
held on the 17 day of September, 2012.
Robert D. Freeman
Mayor
ATTESTED: C 'PROS TO FORM:
CRA
Candice A. Settle
City Clerk/Treasurer City Attorney
PETITION TO VACATE
PETITION TO VACATE the right -of -way (ROW) LOCATED IN the Boatright Subdivision, CITY OF
VAN BUREN, CRAWFORD COUNTY, ARKANSAS.
TO: Van Buren City Council
We, the undersigned, being all of the owners of the real estate abutting the ROW herein sought to be
abandoned and vacated, lying in the Boatright Subdivision City of Van Buren, Crawford County,
Arkansas, a municipal corporation, petition to vacate the ROW which is described as follows:
Beginning at the Northwest corner of Lot 13, Boatright Subdivision, same point being on the easterly
right -of -way of South 27` Street (formerly known as Lexington Street), thence along the westerly line of
Lots 13, 24, and 25, 578 feet to the South, thence along said right -of -way, 35 feet to the East of Lot 35,
Boatright Subdivision, thence along easterly line of Lots 26, 23, and 14, 578 feet to the North, said point
being of the westerly right -of -way line of South 27 Street Boatright Subdivision to the point of
beginning.
That the abutting real estate affected by said abandonment of the ROW are Lots 13 -14, 23 -26 35of
Boatright Subdivision, and that the public interest and welfare would not be adversely affected by the
abandonment of the above described ROW, and that the ROW has not been used by the public for a
period of at least five (5) years.
The petitioners request that the City of Van Buren, Arkansas, abandon and vacate the above- described
real estate, subject to existing public utility easement, water line easements, sewer easements, or drainage
easements as required, and that the above described real estate be used for the respective benefit and
purpose as now approved by law.
The petitioners further request that the above described real estate be vested in the abutting property
owners as provided by law.
WHEREAS, the undersigned petitioners respectfully request that the governing body of the City of Van
Buren, Arkansas, abandon and vacate the above described real estate, subject to existing public utility
easement, water line easements, sewer easements, or drainage easements as required, and that title to said
real estate sought to be abandoned be vested in the abutting owners as provided by law.
Dated this 17` day of July, 2012.
1 f T-crlF ?_0
Printed Name
G I
Signature
AUIHORI7_ATION OF AGENT
If an agent is acting on behalf of the owner(s), all owners must sign in the space provided. This form is
necessary only when the person representing this request does not own all the property.
We the undersigned, being owners of real property, and requestylg an abandonment of public right -of-
way, alley, or public easement by application do hereby authorize (f/ y` Pt. cj/i O to act as our
agent in the matter. (Print Name of Agent)
(Type or clearly print)
NAME ADDRESS OF ALL OWNERS. SIGNATURE OF ALL OWNERS.
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