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ORD NO 14-2016 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO. H y -2016 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO ABANDON A PUBLIC ALLEYWAY IN THE MCGEE ADDITION,INSIDE THE CITY OF VAN BUREN, CRAWFORD COUNTY,ARKANSAS. WHEREAS, a petition has been filed with the City Council of Van Buren,Arkansas, by Andy Greenwood to vacate and abandon the public alleyway along certain lots inside the McGee Addition more particularly described as follows: Description of Existing 20.00 Foot Alleyway Part of a certain Alleyway lying between Lot 7, Block 2, Edgewood place and Lots 1 and 2, Block 27 and the West 40.00 feet of Lot 3, Block 27, McGee Addition to the City of Van Buren, Crawford County, Arkansas being more particularly described as follows: Beginning at the Southwest corner of Lot 7, Block 2, Edgewood Place. Thence along the South line of said Lot 7, South 86 degrees 06 minutes 56 seconds East, 140.00 feet to the Southeast corner of Lot 7. Thence South 03 degrees 53 minutes 04 seconds West, 20.00 feet to the North line of Lot 3, block 27, McGee Addition. Thence along said North line and along the North line of Lots 2 and 1 of said McGee Addition, North 86 degrees 06 minutes 56 seconds West, 140.00 feet to the Northwest corner of Lot 1 of said McGee Addition. Thence North 03 degrees 53 minutes 04 seconds East, 20.00 feet to the Point of Beginning ; and WHEREAS, after due notice as required by law,the Council has heard all persons desiring to be heard on the question of abandoning the alleyway in the hereinabove subdivision, and has ascertained that the public alleyway hereinabove designated has therefore been dedicated to the public use as a public alleyway and that the same has not been used for a period of more than five(5)years preceding this date; and that the owners of the property abutting the public alleyway to be abandoned have filed with the City Council or have expressed their consent to such abandonment and the public interest and welfare are not adversely affected by abandonment of said public alleyway; and WHEREAS, the City Council of Van Buren, acting under the authority of A.C.A. 14-199-103 and A.C.A. 14-301-302, has the authority to abandon public alleyways or segments thereof. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The City of Van Buren,Arkansas, hereby releases,vacates,and abandons all its rights, together with the rights of the public generally, in and to the public alleyway specifically described above. SECTION 2: A copy of this Ordinance bearing original signatures and duly certified by the City Clerk shall be filed in the Miscellaneous Records of the Circuit Clerk of Crawford County, Arkansas. IN WITNESS WHEREOF,hhthe City of Van Buren,Arkansas, by its City Council, did pass, approve, and adopt,by a vote of 6R for and 0 against the foregoing Ordinance at its regular meeting held on the 19'h day of September 2016. Robert D. Mayor ATTESTED: • ' 'R. D • 1 IRM: 18210. 1"111111111b- Phyllis Thomas an.ice A. Settle City Clerk/Treasurer City Attorney 1003 Broadway • Van Buren, Arkansas 72956 REQUEST FOR ABANDONMENT OF PUBLIC RIGHT-OF-WAY,ALLEY, OR PUBLIC EASEMENT APPLICATION: Indicate one contact person for application: Applicant Representative Applicant(owner) Representative (engineer; attorney, realtor, etc) Name: #h C1 rt eta,k1 bO d Name: at( Address: (93 5— S) l71- Address: P, Q , (�(� v 13ur 1.2464 rA-1•41n t41,2_ - 9A Telephone Number: it 75— Rd.—314/z Telephone Number: "e 79 fs— E-Mail: ikift,4T (oreenutj @ $4hc E-Mail: /2L 'S / (51)rOadratil dUGfti Site Address/Location:__ �5- Legal Descrition of area to be vacated(attach separate sheet if necessary): 4 i ° �- Sao ' � • X01. 176 4A A. _Aj • Oh 4-6 i_Ar Jl v .,O Assessor's Parcel Number for Subject Property: WO - d oL 39E- et)Q 7O - O 34 /1 -pav Re•son for Request: leo -pS to qe ogfo ' "mgimmorip ter #lei r 4, aszCwillimwmp ' e- d '- e i /�/ '� Curre.'nc-Status Right-of-Way Ddve opment: 44/- , Use d One, Oft�thr �mi pro r i jsn�, ` 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. AUTHORIZATION OF AGENT If an agent is acting on behalf of the owner(s), all owners must sign in the space provided. This form is necessary only when the person representing this request does not all the property. We the undersigned, being owners of real property, and requestingan aban onment of public right-of- way,alley, or public easement by application do hereby authorize K,1 to act as our agent in the matter. (Pri ame of Agent) (Type or clearly print) NAME&ADDRESS OF ALL OWNERS. SIGNATURE OF ALL OWNERS, 1. 1A4N V t-rieo b W0001 Z 35 45 !L± S-t t-- Vift*N e_r, 2i5 *2. MA 6'1 deafer /14Z 'itis Vatu At. 72' 1'1. 3. 4. 73 1 m l mI, I 0 vI s . �`�Sso�d tow i ,����`� CERTl� 1 q' a�0 iyA�. m'��� to I�9� j T ro mt�:r� O - • 0 xt .C� `s - 0 ' < Z \ f! E 1„1-,t• J NW O C•iJ Ul ® CO • y, a I --I ;.Cl'•'Pio� N '1 •',b ZE: 7'. c0 c'O - I c•, VI' , —_---- -----------/rrt[ctt------. ..---------------�- - J vn ; I b, ®IJ m�,F,OX I c lJ< ,, N- S, 3pam "- m Ii r, _ g 0: O O P F G1 mP0SOUTH 14tSTREET mAP ~ zo r o _�mgg 'S ; a rd m n i m (60.0R/W, 19.0' Asphalt Surface) D 3 ID O o A m o I - rj �i: Ditch 1 'O • • gD -i00 51 I. ID • x Rl imx 'I ,a m 71 Ln C oz1 N•1 OHD O i, � �' � n^ ZSO z I o• 0 0 al 0 jam .O l0„ er 1 • ?\y l m o cv ~ W • Sri'. o o Q Q l--. o N- 7 O W titsr-1-1:)r) 1,1 0 c 1 0 :'l In 90 V) x A W p 40" RCP — - � T `; •\ a o •V r- D __, I - — -- o O r (n ` .4. — , o 0 I ° < t \`L na n rn p —O.^ ' I JJ o o �a 5. n O O n o rn i J ,` 'y' am a° 0 1 n . rnz z • cl j� VQ\ \�^ °m o rn — ° � rt F \ �� X -Com • jf a , ____I____________, 1 Cn =0 < • i D ILL a tD W• W , ..J1 C O I j D m J v D '`! O L i o �,_0 ID I LIQ D E 4 1 A 1' x0 l F N o LC, I Nv�� C f-i CJI AN D-_---'rmi I D h" N f 1 •0 11 ,... .1 I I z I understand that if it is determined following review of the application by city staff that ongoing utility interests must be protected through easement dedications,the applicant or his/her agent shall be required to develop and submit a fully executed easement. No action will be taken by the City Council on an abandonment request until said easement is on file with the city staff and/or franchisees have determined that no utility easement is necessary. I understand that I shall bear the expense of publication of the public hearing notice given by the City. Name: (printed) 144%1 ar 6e/0 W0 001 1 Signature: CI /.sn..v so oej Date: TuVr 5 Z I Note: If application is signed by authorized agent,all owners must sign and submit "Authorization of Agent"form. To Be Included With Application: • Petition with signatures of all abutting property owners • Meets and Bounds legal description of the area to be vacated • A plat showing the area to be vacated • Proof of notice to the utility companies or written approval of closing from the utility companies • A statement that there has been no use of the public right-of-way,alley, or public easement for five(5)years or more. 7I Tub Ie_ lksc- al-a,1-c m ,' 7hcrc. A4S cc., ilio 11.S-e b i it public 0.7 -74; //ert.4.2a.gt sib, 4 �eriodo� rno't - '7 S Veer' ' C441* * C4T4ad� The application and petition must be filed with the Planning Department by the first Tuesday of the month in order to be placed on the City Council agenda. The petition will be placed on the agenda for the City Council to set a public hearing for the next month's City Council meeting. Before the public hearing, the petition will be referred to the Subdivision Review Committee and then to the Planning Commission for recommendation • to the City Council. PETITION TO VACATE PETITION TO VACATE ZI" „e '44 LOCATED LOCATED IN t .4f • ,CITY OF VAN BUREN,CRAWFORD COUNTY,ARKXNSAS. TO: Van Buren City Council f „ , We,the undersigned, being all of the owners of the real estate abutting the /-//isreye herein sought to be abandoned and vacated, lying in /i ‘1 Oil City of Van Buren, Crawford County,Arkansas,a municipal corporation, petition to vacate /1/tat- / which is described as follows: AI ( r , f„ 7; n / fft,‘,/ e4 Z 7 effrid z 74/ 3/ /cZ7 4/7 d A`t 4216 a: c'c )Aid..cf;12.6{1. That the abutting real estate affected by said abandonment of the ...1_761) ixte are = .,4vg777/ece/4,/ , and that the pilblic interest and welfare would not be adversely affected by the abandonment of the above-described " • ,and that the 0 4//ezik..)4whas not been used by the public for a period of A least five(5)years. / The petitioners request that the City of Van Buren,Arkansas,abandon and vacate the above-described real estate,subject to existing public utility easement,water line easements,sewer easements,or drainage easements as required,and that the above-described real estate be used for the respective benefit and purpose as now approved by law. The petitioners further request that the above-described real estate be vested in the abutting property owners as provided by law. WHEREAS,the undersigned petitioners respectfully request that the governing body of the City of Van Buren,Arkansas,abandon and vacate the above-described real estate,subject to existing public utility easement,water line easements,sewer easements,or drainage easements as required,and that title to said real estate sought to be abandoned be vested in the abutting owners as provided by law. Dated this 0 day of „114 , e.e.Ntd‘UPoel Printed Name Doask.‘e-hOlZaAub oft Signature +- ' 'v ., gam, "� ar'' ..:4 . ' fp 4 1 . f11 + y w si— ii . lJ 'err ti - . „ . i , . ..,,,,,i. ,- +k7 y' µi¢4, t , m 4 1 x soz:w4mt, ..;,:-37::/;:t- - .."111111W * - ' . t .1,8811:., 4.• a . At * 3 ,''* ,,ii 1391 0it.' 1 �' . It w ..17k:":;..c,'-i w *' J if 01 0 k V 4 I $ AM s i Zit t 4 ' � t� nr.,�y.,,y fr . & � ✓ k µ. " > 3 y...,' .I '° ... lil. it�I�/-. lr� I��cli �+.+ Iryiti,,-,�I7 ry.,��, t1` 0 '�' % � U lD Gr. i�R�'1-i1 l iil ilil II City of Van Buren, Arkansas Alley Abandonment Request 0 by Id ;r Andy Greenwood G„� 1 v it o lir Subject Alley N 1 inch = 80 feet W E 0 50 100 200 Feet S Document Path: U:\Variance Requests\700-02398-000.mxd Date: 9/12/2016 lid b :x TO ALL .Iffl'ERESTED PP1AR IES • ' the City� ' tale of Veit Benerd a *Petl, ..,.. ... Allen ht .. tion of Van: Y1 , Mord r Pf , S Andy GnB� � p BOJO Feet Alley , All Abet pardon of a cele' 141/121,11 Biota 2 andiatellaski.' Block 27, ait e0,feet,lee of lot I thIIII! ' e city of Vao, 1 Ali Merest*, ate hereby Iibll� j e there will be a Public theme l be;, Hearing before the Van Hearing,' be(o[e Owen City Council at its City Candi at its regularly scheduled regularly, scheduled monthly Cowed,meeting monthly Council meeting on **day. September on Monday, September 19,2016 at 5:30 p.m.in 19,2016 at 5:30 p.m. in order to determine � to determine whether the petition to Fn.rn the the petition p1 alley tto abaadoon the pubic alley awM mp :approved. I e De desiring to be are nod- are hereby b fled and warned to - and warned to ap- pear..itsetd hearing. pear atsatdheating. moil*Thom,* Phyllis Thomas CRY Clerk-Treasurer City Clerk-Treasurer City of Van Buren, Ar- City of Van Buren. Ar Wises PdsMited lithe SOptetn- Published la tieSepteie, bar 3 and &� co2014 Mimi 411111 Argos-CiwiN: • i t t.