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ORD NO 13-1979 ORDINANCE NO. 3 7 7 WHEREAS, a Petition was duly filed with the City Council of the City of Van Buren, Arkansas, on the /y t day of 14. -e L-- 1979, asking the City Council to vacate and abandon all portion of a certain Street located in the City of Van Buren, Arkansas, described as follows: A part of Pernot Avenue fronting on Lots 1, 2 and 3 of Block 4; and parts of Mount Vista Avenue adjacent to Lots 1 and 2 of Block 6; all in Mount Vista Subdivision, according to supplemental plat filed March 14, 1914. Whereas, after due notice as required by law the Council has at the time and place mentioned in the Notice heard all persons desiring to be heard on the question and has ascertained that the portion of said Street hereinbefore described has heretofore been designated to the public use and that the same has not been generally used by the public within the past five years; that the Petitioners are the only owners abutting upon the portion to be vacated and that public interest and welfare will not be adversely affected by the abandonment of said Street. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1. The City of Van Buren, Arkansas, hereby releases, vacates and abandons all its rights together with the right of the public generally in and to that portion of Street, to -wit: A part of Pernot Avenue fronting on Lots 1, 2 and 3 of Block 4; and parts of Mount Vista Avenue adjacent to Lots 1 and 2 of Block 6, all in Mount Vista Subdivision, according to supplemental plat filed March 14, 1914. And that from and after this date the property described as Mount Vista Avenue shall be the separate property of the adjoining landowners, Vista Acres, Inc. and Arthur M. McCoy, 1 of said Street to each ownership. And that from and after this date the property described as Pernot Avenue shall be the property of Vista Acres, Inc. SECTION 2. A copy of this Ordinance, duly certified by the City Clerk and Town Recorder, shall be filed in the office of the -2- Recorder of the County and recorded in the Deed Records of the County. v SECTION 3. This Ordinance shall not affect any utility rights by any public utility as now enjoyed, and any utility right which is now being used upon, over or through subject property shall continue free of any obstructions which would constitute a hazard for such utility operation and maintenance, and the right of ingress and egress for such maintenance for so long as the same shall continue to be used. At such time as the same shall cease to be used, such right shall cease. SECTION 4. This Ordinance shall take effect and be in force from and after its passage. Dated this e day of 612-."-c-1 1979. 4 rL i/ .e MAYOR CITY CLE•K