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RES NO 06-01-1997 CITY OF VAN BUREN, ARKANSAS 0 RESOLUTION NO. -1997 A RESOLUTION SIMINGA PUBLIC HEARING DATE FOR VACATING A PORTION OF A UTILITY EASEMENT RUNNING ALONG THE NORTH LINE OF LOT 31 OF NORTIIRIDGE -PHASE I, IN THE CITY OF VAN BUREN, ARKANSAS. WHEREAS, Northridge Development Corporation has petitioned the City Council of Van Buren, Arkansas, to vacate and abandon that portion of a utility easement running along the North side of Lot 31, of Northridge -Phase I, in the City of Van Buren, Arkansas, more specifically described as follows: DESCRIPTION FOR 2.5' K 70.5' EASEMENT TO BE VACATE[) Port of Lel 31, Northridge Phase 1 on addition to the City of Von. Buren. Arkansas fl led os Plat BooL A Pagc 305 -1 more pert lcu for ly described ae fol COMMENCING of the Northwest corner of said Lot 31: THENCE South 02 degreee 55 minutes 39 second& West. 10.00 (eat along the West line of sold Lot 31: THENCE South 87 degrees 04 minutes 71 seconds Lest, 7.50 .f cct to the POINT OF BEGINNING; THENCE South 87 degrees 04 minutes 21 seconds East. 2.50 (eel: THENCE South 02 degrees 55 minutes 30 seconds West, 70.54 feet; THENCE North 85 dcgreci 46 minutes 28 second! West, 2.50 feet; THENCE Norin 02 degrees 55 minutes 39 eeconde Eest, 70.48 foot to the P of Beginning, containing 176 square feet. and, WHEREAS, Northridge Development Corporation owns all that property through which that portion of the 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 utility easements or segments thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: 0 SECTION 1: A Public Hearing is set for July 21, 1997, at 7 :00 A.M. in the Van Buren City Council Room, at which time said Petition shall be presented to the City Council and the Council will determine at that time whether such portion of said utility easement should be vacated and that all affected property owners and other persons directly interested have consented to sucb vacating. SECTION 2: The City Clerk of Van Buren, Arkansas, is hereby directed to give notice by publication once a week for two weeks in some newspaper, published in Crawford County, advising the property owners and others affected, of said date and time that the Council will hear said Petition. PASSED AND APPROVED THIS 16TH DAY OF JUNE 1997. MAYOR ATTESTED: CITY :A URER 0 PETITION Comes now Northridge Development Corp., by and through its designated agent, Chuck Dyer and states: 1. The Petitioner herein is the record owner of Lot 31 Northridge Phase 1, and addition to the City of Van Buren, Arkansas 2. There is currently platted a utility easement along the west side ofLot 31 beginning 162.79 feet from the southwest corner ofLot 31 and extending to the northern boundary. The easement was inadvertently platted as a 10 foot easement and needs to be changed to a 7.5 foot easement as originally intended. It is the petitioner's intent to vacate that portion of the utility easement described as follows: part of Lot 31, Northridge Phase 1 an addition to the City of Van Buren, Arkansas filed as plat book A page 305 -1 more particularly described as follows: Commencing at the northwest corner of said Lot 31; thence south 02 degrees 55 minutes 39 seconds West 10.00 feet along the west line of said Lot 31; thence south 87 degrees 04 minutes 21 seconds east, 7.50 feet to the point of beginning; thence south 87 degrees 04 minutes 21 seconds East, 2.50 feet; thence South 02 degrees 55 minutes 39 seconds West 70.54 feet; thence North 85 degrees 46 minutes 28 seconds west, 2.5 feet; thence North 02 degrees 55 minutes 30 seconds east, 70.48 feet to the point of beginning„ containing 176 square feet 3. There are currently no utilities using that portion of the easement intended to be vacated. A copy of the survey of that portion of the easement that the petitioner requests be abandoned is attached hereto and incorporated herein as exhibit "A f I>5 Northridge Development Corp. Petitioner By its Attorney Chuck Dyer A Jiiii 97 'WE[I !0.54 !b! J[MM :ELL 'EPA ESTATE [AZ NP 50:1745909 P 2 i% ir a hoffman -priour associates, inc. 30 0 30 41E4 land eurveyore consulting n ineere •r ar a s t w ,o( 50 9•4 *"e s o f a r a y4s`;4so GRAPHIC SCALE IN FEET b o A 6 3 I to r, r 75 Olt N S 1 0'04 21" L E e s 53 T '21 2 E Es 6. OS ��ac\ 2 0... �S 8704'71' E 2.50' \„07 l0• army 3 la' h Easement m Utility easement a 10' vary pia used EOndon;en! of a raw, t w p v` o J.3 x)0,5' A U!r Enseinen( n J F to 3 H i 13 rn NIL, z 3' n 170.0' .5 1'w In NO T m 13V S //E �Qr IV 8 546 213 f 2.50' N cn o. LOT 31 ;to NORTHRIDGE PHASE I In p (221 NORTHRIDGE DRIVE) (V OS CD No «'3 C\1 Budding 20' Bu Setback L'ne p (Per Record Plot) 1 8 N b-• 1 N v /E DESCRIPTION FOR 2.5' s 70.5' EASEMENT ABANDONMENT: Part of Lot 31, Northridge Phase I on addition to the City of Von Duren, Arkansas flied ea Plot Book A Page 305 -F more particularly deecrlbed ae follows: COMMENCING at the Northwest corner of said Lot 31; THENCE South 02 degrees 55 minutes 39 seconds NORTHRIDGE PHASE I West, 10.00 feet along the West line of sold Lot plot Showing 31; THENCE South 87 degrees 04 minutes 21 seconds g East, 7.50 feet to the POINT OF BEGINNING; THENCE South 87 degrees 04 minutno 21 accords East, 2.50 A feet; THENCE South 02 dogreas 55 minutes 38 proposed 2.5'x7.5' easement seconds West, 70.54 feet; THENCE North 85 degrees abandonment out of LOT 31, 46 minutes 28 seconds West, 2.50 feet; THENCE North 02 degrees 55 minutes 39 seconds East, 70.48 NORTHRIDGE PHASE I, on addition to feet to the Paint of Beginning, containing 176 the City of Van Buren, Crawford square, feet. County, Arkansas. Scale: 1" 30' 06 -10 -97 Drug. No. NR31 Sheol 1 of 1 E: \flf91L \nr31 06 -10 -97 3:20 P.M. OLLIE 1 1 A