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ORD NO 03-1965 ORDINANCE N0. 3 -1965 WHEREAS, a Petition was duly filed with the City Council of the City of Van Buren, Arkansas, on the 16th day of March, 1965, asking the City Council to vacate and abandon all portion of certain streets located in the City of Van Buren, Arkansas, described as follows: All that portion of Kerr Street in Riverside Addition to the City of Von Buren, Arkansas, lying North of right -of -way of State Highway Deportment and South of Pike Street and East of Lot 1, Block 20, of Riverside Addition. 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 tho portion of said streets hereinbefore described has heretifore 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, with the exception of the Arkansas State Highway Department; and that the public interest and welfare will not be adverseby by the obandongient of said street. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1. The City of Von Buren, Arkansas, hereby releases, vacates, and abondons all its rights together with the right of the public generally in and to that portion of Kerr Street in Riverside Addition to the City of Van Buren, Arkansas, lying North of the Arkansas State Highway Right -of -Way, East of Lott, Block 20, and South of Pipe Street, all in Riverside Addition to the City of Van Buren, Arkansas; and that from and after this date said property shall be the-separate property of Agnes Brown and Artie Moore. SECTION 2. A copy of this Ordinance, duly certified by the City Clerk and Town Recorder, shall be filed in the office of the Recorder of the County ehd recorded in the Deed Records of the County. SECTION 3. This Ordinance shall not effect 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 2 utility operation.:and maintenance, and the right of ingress and egress for such maintenances 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 of force from and after its passage. Dated this 6th day of April, 1965. Allen R. Toothaker (s) Mayor ATTEST: Geo L; Crofton (s) City Clerk and Town Recorder