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RES NO 01-03-2025 Temp Revocable LicCITY OF VAN BUREN,ARKANSAS RESOLUTION NO) I -10 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 A FIRE DEPARTMENT TURNAROUND IN AN UNDEVELOPED STREET RIGHT OF WAY AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. WHEREAS, is proposing a new commercial building and the fire department requires an off- street turnaround for their equipment; and, WHEREAS, Tamra Physical Therapy,LLC,has agreed 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 Tamra Physical Therapy, LLC, its successors or assigns for the placement and maintenance of a fire department access turnaround on the undeveloped street right of way adjacent to the proposed Lot 1,VB Physical Therapy subdivision as shown on 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,t e City of Van B ren,Arkansas, by its City Council, did pass, approve, and adopt, by a vote of 1P for and against,the foregoing Resolution at its regular meeting held on the 27t"day of January 2025. VEF k Tr V. a N^ J se . Hurst City of Van Buren Mayor ATTESTED: Ora County P PPROVED AS T ORM: Shawnna Reyno ds Jacob Howell City Clerk/Treasurer City Attorney I CITY OF VAN BUREN, ARKANSAS 1003 Broadway Van Buren, AR 72956 I, Shawnna M. Reynolds, the duly elected, qualified and acting City Clerk-Treasurer of the City of Van Buren, Arkansas do hereby certify that the attached Resolution 01-03-2025 is a true and correct copy of the original which was adopted by the City Council of the City of Van Buren,Arkansas at its regular meeting held on the 27th day of January, 2025. IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said City of Van Buren as of the 28th day of January, 2025 t L Shawnna M. Reynolds City Clerk-Treasurer D TEMPORARY REVOCABLE LICENSE AGREEMENT SECTION 1: On January 27, 2025,the City Council of the City of Van Buren, Arkansas, a municipal corporation, hereinafter referred to as "City"passed Resolution No.01-6 3—-la granting a temporary revocable license to Tamra Physical Therapy, LLC, 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 a gravel surfaced fire department access hammerhead turnaround lying within a portion of an undeveloped street right of way as shown on Attachment A and within the following described property: Beginning at the point of beginning on attached site plan, then a line generally south along centerline of future street ROW for 26'to the beginning of the TRL Area. Then a line generally south along centerline of future street ROW for 95.5',then a line generally east 30'to eastern edge of future street ROW, then a line generally north toward North Ridge Drive 95.5', then a line generally west 30' to the beginning of the TRL Area. An area approximately 2865 SgFt and as depicted on the attached drawing. Section 2: The use of the area described in Section 1 shall only be used for the gravel surfaced fire department access hammerhead turnaround. Parking, storage or access to Northridge Dr E shall not be permitted unless such uses or changes are agreed upon by both parties. Section 3: It is agreed that the City shall have no responsibility for the maintenance of the gravel surfaced fire department access hammerhead turnaround. If the gravel surfaced Fire Department access turnaround is damaged in any manner, same shall be repaired or 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 gravel surfaced fire department access hammerhead turnaround from the street right of way 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 street right of way, said City department shall have no duty to give prior notice to the licensee in emergency situations. For routine or scheduled maintenance,thirty (3 0) 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 right of way. 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 gravel surfaced fire department access hammerhead turnaround if the given work has impact within the City's right of way area. SECTION 4: 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 I' 2025. CITY OF VAN BUREN,/A RKANSAS BY: fe V J eph . Hurst, Mayor of Van Buren Attest: City Clerk Tamra Ph sisal Th py,LLC BY- Tamra Brown, Owner ACKNOWLEDGEMENT STATE OF ARKANSAS ) SS COUNTY OF CRAWFORD ) r On this day of 2025, before me, the undersigned notary public, personally appeared, Joseph P. Hurst,known me or sati actorily 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:NA AREy'''%S),Y aOTgn v .o co C/g 0 P O ' Expires 06'. .E ACKNOWLEDGEMENT STATE OF ARKANSAS ) SS COUNTY OF CRAWFORD ) On this, P day of A, .jA 2025, before me, the undersigned notary public, personally appeared,Tams Brown as owne ' f Tamra P cal Therapy,LLC,known to me or satisfactorily proven to be the person whose name is subscribe to the with' 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. L U Notary Public My Commission Expires:NPRE'YNO'.,, No.1277 .0( P', r CO ig7O R cOUoy i', E PHYSICAL LOT t t a, f I 14L2 s— FIITURE lxVflAftiEilT) EXHIBIT"A" l EX IIAfi CITY OF VAN BUREN, ARKANSAS REQUEST FOR TEMPORARY REVOCABI_,E ]LICENSE APPLICATION: Indicate one contact person for application: X Applicant --Representative Applicant(owner) Representathe(engineer, attorney, realtor, etc) Name: Tamra Brawn, Name: Tamra Physical Therapy, E_LC Address: Address:___ 342 Copsey Dr. Van Buren, AR 72956 Telephone Number: 479-461-9779 Telephone Number: E-Mail:drbrown817@gmail.com E-Mail: Site Address/Location: 328 North Ridge Dr. East, South of Oliver Springs Elementary School Legal Description of area for which"temporary Revocable License is requested: attach separate sheet if necessary):Beg*nning at the point of beginning on attached site plan,then a line generally south along centerline of future street ROW for 26' to the beginning of the TRL Area. Then a line generally south along centerline of future street ROW for 95.5', then a line generally east 30'to eastern edge of future street ROW, then a line generally north toward North Ridge Drive 95.5% then a line generally west 36'to the beginning of the TRL Area. An area approximately 2865 SqFt and as depicted on the attached drawing. Reason for Request: Fire Department T-Turn Turnaround. APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made,all data, information, and evidence herewith submitted are in all respects,to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness,determination,or approval. Narne: (printed) Tamra Brown, Tamra Physical Therapy, LLC Signature: Date: Property Owner(s)/Authorized Agent: 1/nee certify under penalty ofperjury that I anilwe ore the owner(s)of the property that is subject of this application and that I/)ri,e have read this application and consent to its filing. Note: If application is signed by authorized agent,all owners must sign and submit Authorization of Agent" form. FF-] rlu+tn e.vuad T EXH OIT"A' ga f VAN WREN THERAPY Q 1 tpT f 7 9 w T r 77Q l aLL n LOT 2 FtnUlt D-v.LoFI IEHT) j I 1 l 1 EXHH3IT'A` weiicwuu.u c EX"A" C . , 9 v 1003 Broadway e Van Buren, Arkansas 72956 VAN BUREN CITY COUNCIL MEMORANDUM TO: MAYOR JOE HURST AND CITY COUNCIL FROM: WALLY BAILEY,PLANNING DIRECTOR SUBJT+,'C'I': TEMPORARY REVOCABLE LICENSE FOR TAMARA PHYSICAL THERAPY, LLC DATE: JANUARY 24,2025 Tamra Physical Therapy,LLC (Tamra Brown)has requested a Temporary Revocable License TRL)to allow the construction of a fire department turnaround on a portion of an undeveloped street right of way on Northridge Dr E.This turnaround is a requirement of the Van Buren Fire Department and it will help facilitate the construction of a new commercial building. TRL will allow the property owners to use the right of way temporarily under the terms and conditions of the attached agreement. A copy of the agreement with exhibits is enclosed. The agreement will be filed with the Crawford County Circuit Clerk land records. Please contact me if you have any questions.