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ORD NO 09-2009 r CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 1 -2009 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE VACATING AND ABANDONING A PORTION A PLATTED ALLEY IN THE CITY OF VAN BUREN, CRAWFORD COUNTY, ARKANSAS. WHEREAS, the Van Buren School District has petitioned the City Council to vacate and abandon a platted alley adjoining Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of Block 6 of the McGee Addition in the City of Van Buren, Arkansas, and abandon any utility easements, therewith; and WHEREAS, the City Council of Van Buren, Arkansas, acting under the authority of ARKANSAS CODE ANNOTATED 14 -54 -104 (2) et. seq. has the authority to take the action herein and the alley to be vacated and abandoned is not required for any corporate purposes, and the public interest and welfare will not be adversely affected by the vacation and abandonment thereof; and WHEREAS, the Petitioners own all the property adjoining those portions affected hereto; and WHEREAS, after due notice as required by law, the Council has, at the time and place proscribed by said notice, heard all persons desiring to be heard on this question and has ascertained that the alley vacation and abandonment herein is in the public interest and welfare (Res 5-1-2009). NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The City of Van Buren, Arkansas, subject to any rights vested by any recorded easement, hereby releases, vacates and abandons, all of its rights, together with the rights of the public generally, in and to that portion of a platted alley adjoining Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of Block 6 of the McGee Addition of the City of Van Buren, Arkansas. SECTION 2: All utilities presently using said alley, if any, shall retain easements of reasonable width, being a minimum of fifteen (15) feet in width, to service said utilities until said utilities have been relocated at the Petitioners' expense. SECTION 3: A copy of this ordinance, duly certified by the City Clerk, shall be filed in the real estate records of the recorder of the Circuit Clerk of Crawford County in accordance 0 with A.C.A. 14 -54 -104 (2). IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of for and 0 against, the foregoing Ordinance at its regular meeting held on the 15 day of June 2009. Robert D. reeman, ay• ATTESTED: AP ED S T •ORM: 4) 4 Barbie Curtis, City Clerk/Treasurer N. Do .ld en ms, .gym r ttorney