ORD NO 10-2013 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO 10 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
ALONG LOT 1 AND 2, BLOCK 4, OF 59 HEIGHTS REVISED, IN THE
CITY OF VAN BUREN, ARKANSAS.
WHEREAS, Alvin Prieur, Jr., on behalf of Larry and Paula Gordon, has petitioned the City Council of
Van Buren, Arkansas, to vacate a public utility easement along Lot 1 and 2, Block 4, of
59 Heights Revised, in the City of Van Buren, Arkansas, more specifically described as
follows:
PROPOSED VACATED EASEMENT DESCRIPTION
A 10 wide Utility Easement across Lots 1 and 2, in Block 4, 59 Heights
Revised an addition to the City of Van Buren, Crawford County, Arkansas
being more particularly described as follows:
Beginning at the Southwest Comer of Lot 1, Block 4, 59 Heights Revised,
Thence along the southern line of Lots 1 and 2, in Block 4 of said 59
Heights Revised, North 85 degrees 36 minutes 17 seconds East, 194.38
feet to the Southeast Comer of Lot 2, Block 4, 59 Heights Revised, Thence
along the eastern line of Lot 2, 59 Heights Revised, North 3 degrees 20
minutes 37 seconds East, 14.09 feet, Thence westerly to a point on the
western line of Lot 1, Block 4, 59 Heights Revised South 85 degrees 36
minutes 17 seconds West 194.38 feet, Thence along the West side of Lot
1, Block 4, 59 Heights Revised South 3 degrees 20 minutes 37 seconds
West, 10.00 feet to the Point of Beginning, containing 1943.8 square feet or
0.045 acres.
and
WHEREAS, Larry and Paula Gordon own 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 Lot 1 and 2, Block 4, of 59 Heights Revised, 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 (Q for and 0 against, the foregoing Ordinance at its regular meeting
held on the 21s day of October 2013.
1
Robert D. Free
Mayor
ATTESTED: R VED A 1 FORM:
04 e uAz( 1.)
Barbie Curtis Candice A. Settle
City Clerk/Treasurer City Attorney
Revised South 3 degrees 20 minutes 37 seconds West, 10.00 feet to
the Point of Beginning, containing 1943.8 square feet or 0.045 acres.
That the abutting real estate affected by said abandonment of the UTILITY
EASEMENT in 59 Heights Revised, Block 4, along Lots 1 and 2, City of
Van Buren, Crawford County, Arkansas, and that the public interest and
welfare would not be adversely affected by the abandonment of the above
described UTILITY EASEMENT, and that the UTILITY EASEMENT has not
been used by the public for a period of over five (5) years.
The petitioners request that the City of Van Buren, Arkansas, abandons
and vacates the above describes utility easement as requested 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 public utility easement as requested and that the full
use of the easement area be vested is the property owners as provided by
the law.
Dated this 4 of September, 2013.
Lar Gordon: �'1�/'r"'--
ry
k Arr I
Paula Gordon:
PETITION TO VACATE
PETITION TO VACATE A 10 FOOT UTILITY EASEMENT GOING
ACROSS LOTS 1 AND 2, BLOCK 4, LOCATED IN 59 HEIGHTS REVISED
AN ADDITION TO THE 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
UTILITY EASEMENT herein sought to be abandoned and vacated, lying in
59 Heights Revised, Block 4, across Lots 1 and 2, City of Van Buren,
Crawford County, Arkansas, a municipal corporation, petition to vacate a
UTILITY EASEMENT which is described as follows:
A 10 foot wide Utility Easement across Lots 1 and 2, Block 4, 59
Heights Revised an addition to the City of Van Buren, Crawford
County, Arkansas being more particularly described as follows:
Beginning at the Southwest Corner of Lot 1, Block 4, 59 Heights
Revised, Thence along the southern line of Lots 1 and 2, in Block 4 of
said 59 Heights Revised, North 85 degrees 36 minutes 17 seconds
East, 194.38 feet to the Southeast Corner of Lot 2, Block 4, 59
Heights Revised, Thence along the eastern line of Lot 2, 59 Heights
Revised, North 3 degrees 20 minutes 37 seconds East, 10.00 feet,
Thence westerly to a point on the western line of Lot 1, Block 4, 59
Heights Revised South 85 degrees 36 minutes 17 seconds West
194.38 feet, Thence along the West side of Lot 1, Block 4, 59 Heights
AUTHORIZATION OF AGENT
If an agent is acting on behalf of the owners, 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 easement by application do hereby authorize
Alvin "Al" L. Prieur, Jr., PE to act as our agent in this matter.
NAME ADDRESS
OF ALL OWNERS. SIGNATURE OF ALL OWNERS.
1. Larry Gordon
621 Linda Lane
Van Buren, AR 72956 .L`/
2. Paula Gordon
621 Linda Lane
Van Buren, AR 72956
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