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ORD NO 04-1965 ORDINANCE NO. 4 -1965 WHEREAS, a Petition uas duly filed with the City Council of the V\ City of Van Duren, Arkansas, on the 16th day of March, 1965, asking the City Council to vacate and abandon all that portion of certain streets and allays described as follow: 1. The Southeast one -half (SEZ) of Madison Street lying between Lot 12, Block 26, and Lot 7, Block 27; 2. All of Madison Street lying between Lot 1, Block 26 and Lot 6, Block 27; 3. All of the alley in Block 27 lying North of the present levee; 4. The Northeast one -half (NE +3 of alley lying between Lots 1 8. 2, and Lots 11 8.12, Block 26; 5. All that part of 4th Street lying Northesat of Block 27 and southwest of the right -of -way of Interstate 540 approach; "6. The entire alley lying in Block 21; 7. That part of Pike Street lying Northeast of Block 21; 8. That part of Madison Street lying Northeast of Pike Street and Northwest of Block 4, ALL IN RIVERSIDE ADDITION TO THE -CITY OF VAN BUREN, ARKANSAS 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 streets and alleys hereinbefore described has heretofore been designated to the public use and that a portion of subject property has•nbt been actually used by the public generally for a period of five years or more, and that the portion which has been used by the public has now been cut off and will no longer be used by the public generally by the condemation proceedings of the Arkansas State Highway Department; that the Petitioners are the owners of all abutting property abutting upon the streets and alleys to be vacated and that the public interest and welfare will not be adversely affected by the abandonment of such streets and alleys. 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 right together with the right of the public generally in and to the streets and alleys above described. Section 2: That all property described above to be vatted shall from and after this date be the seperate property of the Petitioners Section 3: 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 and recorded in the deed racors of the County. Section 4: This Ordiance shall not affect any utitlity rights by any public util' 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 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. r A SElotion: 5: Thi. Ordinance shall take effect and be of force from and afier its passaije. Dated this 6th Jay of April, 1965. Allen R. Toothaker Cs) Mayor Attest: George L, Crofton s) City C_:ark and Town recorder