RES NO 09-01-1978 RESOLUTION NO. I 9- 71
A RESOLUTION DISCLAIMING INTEREST OF THE CITY OF VAN BUREN IN
ALLEY SHOWN IN PLAT OF BLOCK 43, OF THE CITY OF VAN BUREN,
ARKANSAS.
WHEREAS, available maps and plats of the original town
of Van Buren, Arkansas show an alley running across said Block
parallel to Main Street and Webster Street of said City and.
dividing Lots 1 to 8 inclusive on the Webster Street side of
said Block from Lots 11 to 16 inclusive on the Main and East
Main Streets side thereof; and,
WHEREAS, the proof is evident from an examination of said
maps and plats along with ownership records of the owners of
property in said Block, including the ownership of a large part
thereof by the City of,Van Buren, that no such alley actually
exists or has ever existed or was ever accepted or used by
the town or the public as the same is shown and disclosed on
said map or plat, and it is evident that such alley as dedicated
to public use by the proprietor of the land at the time of the
dedication, if there was in fact a dedication, was never accepted
by the City of Van Buren and never confirmed by an ordinance
passed for that purpose and never used by the city or by the
public or by private persons, and during the known history of
said Block brick and masonry buildings have been constructed
over and across said alley and without regard to its location as
shown on said map or plat; and,
WHEREAS, by reason of the possibility that said alley as
shown on the original map or plat of the City of Van Buren may
be accepted and confirmed by a resolution or ordinance of the
City Council of the City of Van Buren passed for that purpose,
the said alley as the same so exists upon said map or plat con-
stitutes a cloud upon the title of all the landowners who own
property in said Block and whose buildings have been constructed
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thereon; and it will be for the best .interest of the City of
Van Buren and the citizens and residents thereof that the
City Council of the City of. Van Buren pass a resolution dis-
claiming any interest of the City of Van Buren in and to said
alley as shown by the said map or plat in order that the same
may be placed of record in the Recorder's Office of Crawford
County, Arkansas, and thereby become a part of the chain of
title to all land located in said Block.
NOW THEREFORE, BE IT RESOLVED BY THE CITY. COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS:
Section 1. That the City Council now finds and declares
that the alley appearing upon the map or plat of the original
town of Van Buren, Arkansas in Block743 thereof, and which
separates and divides tots l to 8 inclusive thereof from Lots
e
11 to 16 inclusive- :thereof,' was never .accepted and confirmed by
an ordinance of f City Council passed for that purpose, said
alley as so shown was never opened, no improvements have ever
been made thereto, the lots in said Block have not been conveyed
with reference thereto, buildings constructed by-landowners have
been constructed across same and not abutting thereto, and that
the City Council of the City of Van Buren, Arkansas should and
does hereby disclaim any interest in said alley in Block 43 as
shown by' the' original map or plat of the Town of Van Buren,
Arkansas, as hereinabove set out..
Section 2. Be it further resolved that a copy of this.
Resolution certified by the City Clerk of the "City of Van Buren
be furnished for :recording. in the Office of the 'Recorder of
Crawford County, Arkansas.
Section 3: Be it further resolved that all laws and
parts of laws in conflict herewith are hereby repealed.
Section 4. It is ascertained and declared that there is
immediate need that the City disclaim, any interest in the platted
alley in Block 43 as shown by the plat or map of the original
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Town of Van Buren, Arkansas, an emergency is found to exist,
and this Resolution shall take effect and be in force without
delay.
PASSED this of September, 1978.
APPROVED:
0
ATTEST: ayor
J
C Clerk