Temp Revoc Lic Agreement - Roosevelt Blk 2 Lot 26ADoc Num 2024001788
#65.00
03�05/2024 1:05:55 PM
Filed & Recorded in the Official Records of
SHARON BLOUNT BAKER, CIRCUIT CLERK
CITY OF VAN B�JREN0 ARKANSAS
1003 Broadway
Van Buren, AR 72956
I, Shawnna M. Reynolds, the duly elected, qualified and acting City Clerl<-Treasurer of the City of Van
Buren, Arkansas do hereby certify that the attached Resolution is a true and correct copy of the original
which was adopted by the City Council of the City of Van Buren, Arkansas held on the 26th day of February
2024.
IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said City of Van Buren as of the
272h day of February 2024.
/")Value
Shawnna)MReynolds
City Clerk -Treasurer
TEMPORARY REVOCABLE LICENSE AGREEMENT
SECTION 1: On t�bUCAA LC:h 1 aOa`fI the City Council of the City of Van Buren,
Arkansas, a municipal corporation, hereinafter referred to as "City" passed Resolution No,
Jranting a temporary revocable license to WD Builders, LLCJWillie 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 and 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 DESCRIPTION) SEE EXHIBIT A
Section 2: It is agreed that tFie City shall have no responsibility for the mainteriarice 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 sale 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
easernerrt area.
SBCiI®RI 3: The terrns of this temporary license are deemed accepted by the licensee by
the licensee's
signature below and by any successor or assignee
o'F 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 ' V day of
2024.
Attest:
City Clerk
BY:
J R Hurst, Mayor of Van Butner
WD Builders, LLCjwillie Mooney
STATE OF ARKANSAS
}SS
COUNTY GF SEBASTIAN )
ACKNOWLEDGEMENT
On this oVf day of r ccr ="%'' 2024, before me, the undersigned notary
public, personally appeared, Joseph P. Hurst kno4n'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 WhIEREOF, I have hereunto set my hand and official seal.
JA
Notary Public
My Commission Expires:
0�
P �pTARA a
=v AUB��G,Q:
Qom,•`
Expires Q'�,�
0Rp COU0
,n,nu,1❑n„°"
STATE OF ARKANSAS
)SS
COUNTY OF SEBASTIAN )
ACKNOWLEDGEMENT
7f4
On this 1L. clay of Oq_, 2024, before me, the undersigned notary
public, personally appeared, 1jI Ih Aj?jq " "l , ,LjoLr� LLB 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 WFIEREOF, I have hereunto set my hand anti official seal.
Notary Public
REBECCA AIRD
NOTARY PUBLIC
STATE FFARKANSAS
COUNTY OF SEBASTIAN
My Commission Expires: COMMISSION NO,12387766
COMMISSION EXPIRES 03/091/2032
>-..Y.3 --I�
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 86059139" 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 89002'18" 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 89002'018" 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 87004'04" E, 14.36 feet along the North face of the building to the West end of the
covered Porch; thence N 02059'08" E, 4.74 feet along the edge of said porch; thence
S 87000'52" E, 12.00 feet along the North edge of said porch to the point of beginning.
DESCRIPTION OF BUILDING 2207C ENCROACI-iMENT
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, 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 02°23'51" W, 18.06 feet along the East wall of
said building to the South line of the 20' Drainage Easement; thence N 89002118" 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 86046112" 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 87023'52" E, 12.12 feet along the North edge of said porch to the point of beginning.
Temporary Revocable License
Exhibit A
Page 1 of 2
DESCRIPTION OF BUILDING 2209G 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 86059'39" 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 25°43131" W, 3.42 feet to the
Northeast corner of a covered porch of said building; thence S 03024'04" 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 02049'29" E, 13.17 feet along said West wall to the Northwest corner of said
building; thence S 87012'02" E, 14.33 feet along the North face of the building to the
West end of the covered Porch; thence N 02047'58" E, 4.62 along the edge of said
porch; thence S 86059'01" E, el2.00 feet along the North edge of said porch to the point
of beginning.
Temporary Revocable License
Exhibit A
Page 2 of 2
w
y N 0 O1 11
00
am¢ �tO
ots w N W
S Ld
hr n }z ,
IN c� 5 o Ity
Cl)
zsb FEW 13
3 „BS,LIb.Z N W � w 'm
Id o )m Im U
I" N" L
� Iz
I
Io I N
I LL'£L 3 „6z.64.z N
Iz I N i N
I F ti
I 9084 M „LS,£Z.ZO S o
,S6'L M „LS,£Z.ZO SI - I I
I
�!cyj s I
N O W
Too
O �U
Ld
z I�
c) o IN
z Q Ui
L'- w 13:
„84,£W.£0 N X� Im W
LO W CD W N N
3I- �� Iz 1� UQZU
00
aoI w^ I i0 Wham
ti N ozn—
ol I i(V -W0
rnlmcl)wN
mI .L£'bl 3 ,.LS,bZ.£ N SI—
z zn
I I i bi OJ
I I 5
,L8'0 M „80,6S.Z 5 ,S C6L M „90.69.Zo S I 0]
wI I
iv ,I 2 I I
n U
o� IL� I
NI JW ICI
I
N
I ,bL'b F w I3
3 r,20,69 Z N (/) W O_ m l
W LouC W
o
y M
N< ICI
I mod' � Izlo
� II
I
I (
127' Asphalt
a__ __-- — --p
m3 iW \ i Nw032253" p — a.
" ] s' d" - /��� L�" Fr 00,89k z .0
V.-
III TI
• DDa'l
ng, aM
°°° Nm
go
49 90 zomm*a 04,0 Sm V.
�MEnNo v 0I>I� A I" eb°4.7
o,
15,0'(11
—
OD
cig
A m j> 01111m\\O\� " ua unNrorylwl II m1l
mF O fee�
I�I o,tmn luMwLn
w6JI� I m
oo�oj3dMI
N �
Cl>morn INI 3
E0ou i
tTl
= lzo.o' or �OmA n`9qN*oW oN a ZaZNm"o
I I
s m m m m_nm� I I I
i Z M IL
CO) �adN> I I 4
v o�115.86I I _I
S 03022'53" W 125.00' 9.7
N (Mn I 10' PlAT1E0 ALLEY
D r
CITY OF VAIN BUREN, AR ANSAS
RESOLUTION NO. 2024
BE IT ENACTED BY THE C1TY COUNCIL, FOR THE CITY OF VAN BUREIV,
ARXAIVSAS, A RESOLUTION TO BE ENTITLED:
ARESOLUTION 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 stone 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, ARI{ANSAS, 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 26`h ebnraiy 2024.
Geer rea
Cia S4"co„
J eph P urst
City of Van Buren or
ATTESTED: 0, oy4y APPROVED AS TO FORM:
ord County, Pr�`a
Shawnna ReynoNs Jaco
City Clerk/Treasurer City Attorney
CERTIFICHTE OF RECOkD
STATE OF AP,KANSHS} COUNTY OF GkAWFOR6
I hereby certify that this instrument was
Filed and Recorded in the Official Records
in floc Num 2024001788
03j0512024 1:05:55 PM
SNARON BLOUNT BAKER
CRAWFOF.0 CoILtrity Circuit Clerk C Recorder
By: , Lk ivy