ORD NO 05-2013 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 6 2013
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO VACATE A PUBLIC UTILITY EASEMENT
RUNNING ALONG A PART OF TRACT 1 OF NULL TRACTS 1, 2, AND
3, IN THE CITY OF VAN BUREN, ARKANSAS, AND FOR OTHER
PURPOSES.
WHEREAS, a petition has been filed with the City Council of Van Buren, Arkansas, by Bob Null to
vacate the public utility easement alone Tract 1 of Null Tracts I, 2, and 3 in the City of
Van Buren, Arkansas, more specifically described as follows:
PROPOSED VACATED EASEMENT DESCRIPTION
Part of Tract 1 of Null Tracts 1, 2, and 3 Van Buren, Crawford County, Arkansas being
more particularly described as follows:
Commencing at an existing rebar marking the Northeast Corner of Tract I of Null Tracts
1, 2, and 3. Thence along the North line of said Tract 1, North 88 degrees 31 minutes 48
seconds West, 50.00 feet. Thence leaving said North line, South 01 degrees 28 minutes
00 seconds West, 15.00 feet. Thence North 88 degrees 31 minutes 48 seconds West, 7.50
feet to the Point of Beginning. Thence South 01 degrees 28 minutes 00 seconds West,
620.00 feet. Thence North 88 degrees 31 minutes 40 seconds West, 7.50 feet. Thence
North 01 degrees 28 minutes 00 seconds East, 620.00 feet. Thence South 88 degrees 31
minutes 48 seconds East, 7.50 feet to the Point of Beginning.
and
WHEREAS, Bob Null owns all the property through which the public utility easement to be vacated
extends; and
WHEREAS, the City Council of Van Buren, acting under the authority of A.C.A. 14- 199 -103, has the
authority to vacate public utility easements or segments thereof; 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
utility easement hereinabove designated has therefore been dedicated to the public use as
a utility easement 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 such utility
easement to be vacated have filed with the Council or have expressed their consent to
such abandonment and the public interest and welfare are not adversely affected by the
vacating of said public utility easement.
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 utility easement
running along Tract 1 of Null Tracts l_ 2, and 3, 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 6 for and 0 against, the foregoing Ordinance at its regular meeting
held on the I 1 day of June 2013.
Robert D reel
Mayor
ATTESTED: A TO FORM:
r 40
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Bar.ie Curtis C'ce Sett
City Clerk/Treasurer City Attorney
PETITION TO VACATE
PETITION TO VACATE Easement LOCATED IN Tract 1 —Null TractgITY 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 Easement
herein sought to be abandoned and vacated, lying in Tract 1, Null Tracts City of Van Buren,
Crawford County, Arkansas, a municipal corporation, petition to vacate West 7.50 feet of easement
which is described as follows:
SEE PLAT
That the abutting real estate affected by said abandonment of the Easement
Tract 1 Null Tracts are
and that the public interest and
welfare would not be adversely affected by the abandonment of the above described
Easement and that the Easement 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 6 day of May 2013
bib ilk cosh r 6eS a,C
Printed Name
j _e •t- PA) Pr erh'es LLC
Signature P
AUTHORIZATION 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 requesting an abandonment of public right -of-
way, alley, or public easement by application do hereby authorize Ricky Hill
agent in the matter. to act as our
(Print Name of Agent)
(Type or clearly print)
NAME ADDRESS OF ALL OWNERS. SIGNATURE OF ALL OWNERS.
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PROPOSED VACATED EASEMENT Ip 1°9fm1P'r" n E a? u "o A o
DESCRIPTION 25• 25• e E 5 i
Port of Tract 1 or Null boas 1, 2 onesnerrewaro b 4 p
and J, Von Buren, Crawford County, 3 t. 4
Arkansas being more por(iculorly r Wx :'i
described as follows: i;;sggg gg 55
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Commencing of on existing rebor FPFFI
marking the Northeast Corner of Trost t sit af- ���4
net I of Null Tracts 1, 2 and 3 Thence
along the North one of said Rock I, Data �y
North 88 degrees 31 minutes 48 y
seconds West, 50.00 tee(. Thence 0
leaving soil NOrfh /ins, South 01 IW, e
degrees 28 minutes 00 seconds We V }0/ t
15.00 feet. Thence North 88 degrees es mseeureec 44 1 4...;c531
minutes 48 seconds West, 750 /pet =p Ia" +Zj
G N
(o the Point Beginning. Thence e id U3
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South 01 degrees es 28 8 minutes
seconds West, 62000 feet. Thence once 'w.,,,w,..'•
North 88 degrees 31 minutes 40
seconds West, 750 feet. Thence
North 01 degrees 28 minutes 00 TIOni
seconds East, 620.00 feet. Thence
South 88 degrees 31 minutes 48 n
7 3 fns`:
seconds Eosf, 750 feet to the Point r m'
of Beginning. ital. r Q.
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