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ORD NO 05-2009 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 5 -2009 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE VACATING AND ABANDONING A PORTION OF WALNUT AVENUE IN THE CITY OF VAN BUREN, CRAWFORD COUNTY, ARKANSAS. WHEREAS, Robert Chatman, Cheryl Chatman, Ralph Cooper and Gayle Cooper have petitioned the City Council to vacate and abandon a portion of Walnut Avenue lying between Lots 12, 13, 14, 15 and part of Lot 16 of Block "K and Lot 1B, Mountain View Addition, Van Buren. AR; and WHEREAS, the City Council of Van Buren, Arkansas, acting under the authority of ARKANSAS CODE ANNOTATED 14 -54 -104 (2) el. seq. has the authority to take the action herein and the street to be vacated and abandoned is not required for any corporate purposes, and the public interest and welfare will not be adversely affected by the vacation and abandonment thereof: and 0 WHEREAS, the Petitioners own all the property adjoining those portions affected hereto; and WHEREAS, after due notice as required by law, the Council has, at the time and place proscribed by said notice, heard all persons desiring to be heard on this question and has ascertained that the street vacation and abandonment herein is in the public interest and welfare (Res.1 -1- 2009). NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The City of Van Buren, Arkansas, subject to any rights vested by any recorded easement, releases, vacates and abandons, all of its rights, together with the rights of the public generally, in and to that portion of Walnut Avenue lying between Lots 12, 13, 14, 15 and part of Lot 16 of Block "K and Lot 1B, Mountain View Addition, Van Buren, Arkansas. SECTION 2: All utilities presently using said street, shall retain easements of reasonable width, being a minimum of fifteen (15) feet in width, to service said utilities until said utilities have been relocated at the Petitioners' expense. SECTION 3: A copy of this ordinance, duly certified by the City Clerk, shall be filed in the real estate records of the recorder of the Circuit Clerk of Crawford County in accordance 0 with A.C.A. 14 -54 -104 (2). IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, 0 approve, and adopt, by a vote of (Q for and O against, the foregoing Ordinance at its regular meeting held on the 23` day of February 2009. Robert D. Freema a ATTESTED: AP' k ED AS TO FO' .e c CL/ 9-- P Win Barbie Curtis, City Clerk/Treasurer N. Do .ld JenkW ey 0 0