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RES NO 02-05-2024 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.6-;)%-CO -2024 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION GRANTING A TEMPORARY REVOCABLE LICENSE FOR THE PLACEMENT OF STRUCTURES OVER A DRAINAGE EASEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. WHEREAS, structures have been constructed over a public storm drainage pipe where a recorded easement did not exist; and WHEREAS, WD Builders,LLC has agreed to dedicate an easement for the storm drainage pipe and to the terms of the Temporary Revocable License as shown in Exhibit «A„ NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: A Temporary Revocable License is hereby granted to WD Builders,LLC/Willie Mooney,its successors or assigns for the placement and maintenance of three buildings within a drainage easement on Lot 26A,Block 2,Roosevelt Addition (Buildings 2205C,2207C and 2209C) as shown in Exhibit"A". SECTION 2: The Mayor is authorized to execute the agreement for the above-captioned Temporary Revocable License. SECTION 3: A copy of the agreement with all attachments bearing original signatures and duly certified by the City Clerk shall be filed in the Land 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 for and against,the foregoing Resolution at its regular meeting held on the 26th ebruary 2024. Geer re_V�� S�^� J eph P urst City of Van Buren or 0- ATTESTED: 01 oymy APPROVED AS TO FORM: �raCounty,F�ta esvz - Shawnna Reyno s Jaco ti��'-�'"-`" btg�r City Clerk/Treasurer City Attorney ✓✓'rJ v 0 , t� . `r•1 S tic' i r•�•. ) , rc �J itl �( ,_.. It EXHi ' i7 TEMPORARY REVOCABLE LICENSE AGREEMENT SECTION 2: On ,the City Council of the City of Van Buren,, Arkansas, a rni4riicipal corporation, here inaa`ter referred-to as"CVi.-ly"passed Resolution No. granting a temporary revocable license to WD Builders; LiC/Ijklillie Mooney, its successors or assigns,.hereinafter referred to as"Licensee"which,subject to the terms and conditions expressed in-this Agreement,'temporarily allows:the placement anti maintenance of three single family,residential structures lying within a portion of a twenty-foot(20')wide drainage easement as shown on Attachment A and within the following described property; (LEGAL DESCRIPT IDN) SEE EXHIBIT A Section 2: It is agreed that-the City shall have no responsibility for the maintenance of the three residential structures or any appendages or appurtenances connected thereto. 'if the three residential structures are damaged in any manner,same shall be removed by the licensee, or any successor or assignee, at the licensee's sole cost and expense (or at the sole cost of any successor or assignee)in a manner meeting the approval of the City. Additionally,at the sole discretion of the City, upon thirty(30)days notice from the City,the licensee or any successor or assignee shall remove a portion of or all of the three residential structures from the public drainage easement at the licensee's sole cost and expense(or at the sole cost of any successor or assignee) and in a manner meeting the approval of the City. The licensee,its successor or assignees,shall hold the City harmless from and indemnify the city for all expenses,losses,cost, causes of action and judgments,including legal expense, arising from the placement and maintenance of said improvements. Should any City department require access to the public drainage easement,said City department shall have no duty to give prior notice to the licensee in.emergency situations. For routine or scheduled maintenance,thirty(30)days notice shall be given if the work may affect any improvement by the licensee. Under any/circumstance,the City shall have no responsibility to protect or replace any improvements of the licensee that are across:and within the public drainage easement. The Licensee,their successors or assigns,shall provide the City no less than (30)days notice of all routine and scheduled maintenance of,or improvements to said three residential structures if the given work has impact within the City's easement area. SECTION 3:The terms of this temporary license are deemed accepted by the licensee by the licensee's signature below and by any successor or assignee of the licensee by the acquisition of or reliance on the rights to the temporary license granted by the City. In witness whereof,this document is executed this day of 2024. CITY OF VAN BUREN,ARKANSAS BY: Joseph P.Hurst,Mayor of Van Buren Attest: City Clerk WD Builders,LLC/Willie Mooney BY: ,/ ACKNOWLEDGEMENT STATE OF ARKANSAS ) )SS COUNTY OF SEBASTIAN ) On this day of , 2024, before me, the undersigned notary public,personally appeared,Joseph R Hurst known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged the execution of the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: ACKNOWLEDGEMENT STATE OF ARKANSAS } }SS COUNTY OF SEBASTIAN ) On this It 0 day of 2024, before me, the undersigned notary public, personally appeared, WE Mtur1,cts LLC. known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged the execution of the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public REE3ECCA AiRD NOTARY PUBLIC STATE OFARKANSAS COUNTY OF SEBASTIAN My Commission Expires: COMMISSION NO.12387766 COMMISSION EXPIRES 03/09/2032 e�, �39 ,zo3Z EXHIBIT A DESCRIPTION OF BUILDING 2205C ENCROACHMENT OF DRAINAGE EASEMENT A portion of a building encroaching a Twenty foot (20')wide Drainage Easement crossing Lot 26A Block 2 Roosevelt Addition, Van Buren, Crawford County, Arkansas, said encroachment being more particularly described as follows: Beginning at an existing rebar marking the Northeast corner of said Lot 26A; thence N 86°59'39" W, 6.32 feet along the North line of said Lot 26A to the intersection with the North line of the 20' Drainage Easement; thence N 89'02'18"W, 68.25 feet along said North line of Easement; thence S 02059'08"W, 0.87 feet to the Northeast corner of a covered porch of said building; thence S 02"59'08" W 19.15 feet along the East wall of said building to the South line of the 20' Drainage Easement; thence N 89"02'18"W, 26.28 feet along said South line to the West wall of said building; thence N 02"37'07" E, 15.32 feet along said West wall to the Northwest corner of said building; thence S 87-04-04" E, 14.36 feet along the North face of the building to the West end of the covered Porch; thence N 02°59'08" E, 4.74 feet along the edge of said porch; thence S 87°00'52" E, 12.00 feet along the North edge of said porch to the point of beginning. DESCRIPTION OF BUILDING 2207C ENCROACHMENT OF DRAINAGE EASEMENT A portion of a building encroaching a Twenty foot(20') wide Drainage Easement crossing Lot 26A Block 2 Roosevelt Addition, Van Buren, Crawford County, Arkansas, said encroachment being more particularly described as follows: Beginning at an existing rebar marking the Northeast corner of said Lot 26A; thence N 86°5939"W, 6.32 feet along the North line of said Lot 26A to the intersection with the North line of the 20' Drainage Easement; thence N 89'02'18"W, 34.93 feet along said North line of Easement; thence S 02°23'51"W, 1.95 feet to the Northeast corner of a covered porch of said building; thence S 02023'51"W, 18.06 feet along the East wall of said building to the South line of the 20' Drainage Easement; thence N 89°02'18"W, 26.52 feet along said South line to the West wall of said building; thence N 03024'51" E, 14.37 feet along said West wall to the Northwest corner of said building; thence S 86046'12" E, 14.06 feet along the North face of the building to the West end of the covered Porch; thence N 03°13'48" E, 4.60 along the edge of said porch; thence S 87°23'52" E, 12.12 feet along the North edge of said porch to the point of beginning. Temporary Revocable License ExhibitA Page I of 2 DESCRIPTION OF BUILDING 2209C ENCROACHMENT OF DRAINAGE EASEMENT A portion of a building encroaching a Twenty foot (20') wide Drainage Easement crossing Lot 26A Block 2 Roosevelt Addition,Van Buren, Crawford County, Arkansas, said encroachment being more particularly described as follows: Beginning at an existing rebar marking the Northeast corner of said Lot 26A; thence N 86-59-39"W, 6.32 feet along the North line of said Lot 26A to the intersection with the North line of the 20' Drainage Easement; thence S 25043'31" W, 3.42 feet to the Northeast corner of a covered porch of said building; thence S 03°24'04"W, 16.91 feet along the East wall of said building to the South line of the 20' Drainage Easement; thence N 89'02'18" W, 26.17 feet along said South line to the West wall of said building; thence N 0204929" E, 13.17 feet along said West wall to the Northwest corner of said building; thence S 87'12'02" E, 14.33 feet along the North face of the building to the West end of the covered Porch; thence N 02°47'58" E, 4.62 along the edge of said porch; thence S 86059'01" E, 12.00 feet along the North edge of said porch to the point of beginning. Temporary Revocable License Exhibit A Page 2 of 2 o rn Northeast corner ro Lot 26A Block 2 rn � Roosevelt Addition .0 ?7 N N w S 87'00'52' o S 86'59'39" E ' E .r _ r _ _ —4-2.Be•' N 89'02'18" W 68.25' w _ _S 87 23 2'=€j?_ ___ ___ 6.32' Co ~^, — 12.12' N 89'02'18" W 34.93' w _ S 86'59'01" E s 87.04'04" E ; PORCH � 12.00' O 14.36' cv`� 5 86.46'12" E PORCH -O N "Y.") r- 14.06' oM (a S 87'12'02" E - `O _ PORCH z m i� z 14.33' `'r CO M cr ti Z � M w EXISTING o w o SINGLE FAMILY EXISTING EXISTING M L' EXISTING FRAME RESIDENCE o SINGLE FAMILY `" SINGLE FAMILY z M FRAME RESIDENCE 0 FRAME RESIDENCE z N M _— _, — ___ ____ z � ------- - - N-89'02'18" W 26.28' N 89'02'1_8" W 26.52' ._ — —— _ N 89'02'18" W 26.17 `---"__-_ - -______ __ LOT 26 (2205 C) (2207 �) ------------- ------ - ------ -- - __-- LOT 25 (2209 C) - EXHIBIT DEPICTING BUILDING ENCROACHMENT DESCRIPTIONS LOT 26A BLOCK 2 1 CORN IN gOS71NO NCREtE RA{DRAIN N 408634.81 \ EXISTING 6"WATER MAIN /•15'OG&E Easement E 61 =72 _...@, FIRE YDRANT`-j 1 _ LOT 27 SANITARY EWER � o BLOCK 2 N 408828.26 LOT 16 MANHOLE It ONC. vi E 516717.54 BLOCK 2 S 86 59'39" E 125.00' 'w I ExiStt* 3. '- odt�l¢curcJk.� o E v 89.02YB""E TB." 6.32 ORM SEY '"tt3 I _ 26.4_ __ ,y" PORCH _ STORM SEWER PROP INIIET OD I .a-i - -_- =o --_-_ DROP INLET '-n.- pOSiING' n I�, w 1`26 SINGLE FAAfILY o SINGLE FANILY o EXISTING a' LOT 17 RFSIDFNOE� FRAME RESIDENCE �+ SINGLE FAMILY BLOCK 2 �9'0 IF IN 125.11 LQT 26 c-RC` ~ � (2207 7 LOT 25 �'_ I I tri LOT 26A 10.01 EXISTING PROPOSED DRAINAGE EASEMENT I I I SIN Ld. Do GLE FAAMILY SINGLE FAMILY LOT 18 sd' FRAME RESIDENCE FRAME RESIDENCE EXISTING C BLOCK 2 q Twenty foot (20') wide Drainage Easement crossing t o{.26A Block 2 ` I --- - _ LOT 25 SINGLE FAMILY O Roosevelt Addition being more porticulbtly described as follows: vL FRAME_RESIDENCE _ to (2205 8)' LAT 24- _._. _ - Begitlning.at on,existing rebor marking the Northeast comer of sold �} I IIM I 10.0' PORCH (2209 B) � w Lot 26A; thence.S 03'22'53" W, 19.79 feet along the East line.of said Uj W Lot 26A; thence N 89'02'18" W. 125:11 feet to the West line of said �L� u ° I i' I 7.5' -a LOT 19 Lot 26A; thence N 03,22'53" E, 20.02 feet.along said West line; V) 4 I Z e convdte s' EXISTING EXISTING 28.4' �- M BLOCK 2 �� SINGLE FAMILY SINGLE FAMILY tp thence S 89'02'1,8"E; 118.79 feet to the North line of said Cot 26A; I _ Sid Ik_ [{TAME_RESIDENCE_ FRAME RESIDENCE EXISTING 0 - __LOT 24 __ SINGLE FAMILY N CV thence. 86'5939" E, 6r�2 feet along said North line to the point of Z o I ^(2205 A) ^ L07 2J FRAME-RESIDENCF 0 M 1.4 beginning, N�c o N (2207 A) (2209 A) �. I PORCH as n >• iv 75�WATER 't as LOT 20 BLOCK 2 LOT 23 1 mom 22 :a C! x f 99.79R o W° 10.0' LOT 21 BLOCK 2 .© 6RM ENGINEERING-&LAND SURVEYING,INC.2023 ARY SEWER \' � r X7 M�y oncuew,hod aa•.1 W.dro":ne ar data by pmma W t Ow MANHOLE ula}k«o/(aw user.a(vy En9lneorGip&land Surv°ytnq.y,e. anox I. b-1—eM ah Vt,114WAy from ddnu.coats or N R' aomegax of a notes°includaq don at d°tpm°=1 from C.LENGTH=� 9.48° - -- imprapw txc o Wz drewsq ar .or h enaihar parry, n,rnnn n,-• ns la.. Proposed.5' - LEGENp ``��R¢Og,Fs^,S°r�p ii��, G:\ENGINEERING23\23-0471 MDONEY-22ND STREET WL\23-0471 LOT REPLAT01/02/2024. Computed Point ® ��Qaa p `°•4l'���� EXHIBIT A Drawn RJA Set 1/z`Iron Pin No. 1654, o1Ar TEMPORARY REVOCABLE LICENSE �` OWEYExcL 1/2 Iron Pm ® 8, ICin{a! �J SNJB� Fig INC. Set R.R:Sptke ° ��" ROOSEVEL`f ADDITION BLK 2 LOT 26A ApP.rovcd by. CNB lei00@�tF M3 Et EMS - LAND 8111MOR8 ExG:L R.R.Spika Job No.23-0471 62z3 Earl 11[alm p 45 P.O.Box 00 Fort s«a1s Attaaaad 729Da 1479)aas aaa4 Ex sG Han ;t �" CITY OF VAN BUREN .b�°c E712L stone C7 �.���?.94D BR1 >°°��5 CRAWFORD COUNTY, ARKANSAS ExisL Monument 3 a•:ao•°° . Exia FencO All�/pt/tO11ltU►�```` Prepared For.WD BUILDERS LLC Uity of van iureArkansas 9 Municipal Com 1003 Broadway • Van Buren, Arkansas 72956 VAN BUREN CITY COUNCIL MEMORANDUM TO: MAYOR JOE HURST AND CITY COUNCIL FROM: WALLY BAILEY,PLANNING DIRECTOR SUBJECT: TEMPORARY REVOCABLE LICENSE FOR WD BUILDERS,LLC DATE: FEBRUARY 16,2024 WD Builders,LLC(Willie Mooney)has requested a Temporary Revocable License to allow three existing buildings to remain over an existing storm drainage pipe structure located at Roosevelt Addition,Block 2,Lot 26A. When the buildings were constructed,there was no recorded easement for the storm drain. Mr. Mooney has agreed to dedicate an easement for the storm drain and to the terms of the Temporary Revocable License agreement. The agreement is a result of our agreement on how to resolve this matter. A copy of the agreement with exhibits is enclosed. The agreement will be filed at the Crawford County Circuit Cleric land records. The agreement is applicable to WD Builders,LLC and to its successors and assigns. Please contact me if you have any questions.