RES NO 06-01-2017 I
CITY OF VAN BUREN,ARKANSAS
1
RESOLUTION NO. ( - / -2017
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION SETTING A PUBLIC HEARING DATE FOR
ABANDONING A PUBLIC RIGHT-OF-WAY IN THE MOUNTAIN VIEW
ADDITION INSIDE THE CITY OF VAN BUREN, CRAWFORD
COUNTY,ARKANSAS.
WHEREAS, Erich Bauman,represented by Satterfield Surveying,has petitioned the City Council of
Van Buren,Arkansas,to vacate and abandon the public right-of-way along certain lots
inside the Mountain View Addition more particularly described as follows:
Description of Existing 60.00 Foot Right-of-Way
All that portion of the 60 feet platted Walnut Street Right-of-Way, lying between
Lots 7 thru 12 Block I,Mountain View Addition and Lots 1 thru 6,Block P,
Mountain View Addition to the City of Van Buren,Arkansas
; and
WHEREAS, all of the property owners and adjacent property owners being affected by this right-of-
way abandonment have consented by signed petition; 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 vacate public right-of-ways or segments thereof.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION 1: A Public Hearing is set for July 24,2017, at 5:30 P.M. in the Van Buren City Council
Room, at which time said Petition shall be presented to the City Council and the City
Council will determine at that time if such portion of said public right-of-way should be
vacated and that all affected property owners and other persons directly interested have
consented to such vacating.
SECTION 2: The City Clerk of Van Buren,Arkansas, is hereby directed to give notice by publication
once a week for two consecutive weeks in some newspaper,published in Crawford
County, advising the property owners and others affected, of said date and time the
Council will hear said Petition.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas, by its City Council, did pass,
approve, and adopt,by a vote of 4 for and(D against,the forego' : ' solution at its regular meeting
held on the 26''day of June 2017.
Robert D.
M. .
ATTESTED: APP'01 : ' i FORM:
Phi & ( 221
Candice A. Se e
City Clerk/Treasurer City Attorney
City of Van Buren, Arkansas
1003 Broadway • Van Buren, Arkansas 72956
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APPLICATION:
Indicate one contact person for application: Applicant Representative
Applicant(owner) Representative (engineer, attorney, realtor, etc)
Name: Name: �}" ► �ti,,
Address: Address: P' Q: v'h L2 4o
( Imo A.( 72$ Z /
Telephone Number: Telephone Number: 179-4,52, 3.545-
E-Mail:
32 - , 45-E-Mail: E-Mail: r Q- S I Si u t)e.L(I al .
1.0 /-742-Site Address/Location: 3AI/-742- V,'&"1-1,, ✓C •
Le sal Des .do I of area to be va .ted attach separate sheet if necessary):
r 0 s — 8/- _ i.
A All127-11,:/per /ou>x ��MV
LMIPt . _•It- as
Assessor's Parcel Number for Subject Property:
Reason for Request: a leDf% e.'� �. C� C)!7 G'i4 CJC nc.�� �.
-# /D-/9ef' d Ved /Way- �� 19.k9. / /
Or�nane_e Z/os-e� -f/zc zdrvn .B/ � Inc �L. e C 7/e?� ':� -,f/%s.
Current Status of Right-of-Way evelopment: Jr' i`S P le.
f� l€�)/P)f 1,7 �.�ei ca/ n a
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Fik 1,-4.. 'a ( c ;S A/611 are°
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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.
ti
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) ���
A, /
/
Signature: ,,-1W-7 /, '2' Date: S"--✓ .-/ 7
Note: If application is signed by authorized agent, all owners must sign and submit
"Authorization of Agent" form.
To Be Included With Application:
4µ / • Petition with signatures of all abutting property owners
i~ f • 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.
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.
BE IT KNOWN BY THESE PRESENT,THAT WE,THE UNDERSIGNED, WITH FULL
KNOWLEDGE AND UNDERSTANDING, DO HEREBY ACKNOWLEDGE BY APPROPRIATE
SIGNATURE THAT I/WE ARE IN AGREEMENT TO PETITION THE CITY TO VACATE:
ALL THAT PART OF THE 60 FEET PLATTED WALNUT STREET LYING BETWEEN LOTS 7-12,
BLOCK I AND LOTS 1-6 BLOCK P, MOUNTAIN VIEW ADDITION TO THE CITY OF VAN
BUREN, ARKANSAS.
CITIZEN ).rllf iffii4 ' 'HO°+E# l _7,v
ADDRESS // 4.4.5¢ et,4f r 4 r,021(2o/
CITIZEN /J'S'` 41--d'& /400SE PHONE# �� 2
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BE IT KNOWN BY THESE PRESENT, THAT WE, THE UNDERSIGNED, WITH FULL
KNOWLEDGE AND UNDERSTANDING, DO HEREBY ACKNOWLEDGE BY APPROPRIATE
SIGNATURE THAT I/WE ARE IN AGREEMENT TO PETITION THE CITY TO VACATE:
ALL THAT PART OF THE 60 FEET PLATTED WALNUT STREET LYING BETWEEN LOTS 7-12,
BLOCK I AND LOTS 1-6 BLOCK P, MOUNTAIN VIEW ADDITION TO THE CITY OF VAN
BUREN, ARKANSAS.
CITIZEN vel\.>'\1 rvk'-, — PHONE# 609J E - l `�
ADDRESS Cl ft V T 1v u Vc &io 72 C
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PROPERTY DESCRIPTION
Walnut Street right of way lying between Lots 7 through 12, Block I and Lots 1 through
6, Block P, Mountain View Addition to the City of Van Buren, Crawford County,
Arkansas being more particularly described as follows:
Beginning at a set rebar with cap marking the Southwest Corner of Lot 12, Block I, said
point being on the North right of way line of Walnut Street. Thence along the South
line of Lots 12 through 7, Block I and said right of way line, South 87 degrees 14
minutes 02 seconds East, 276.55 feet to the Southeast Corner of Lot 7, Block I.
Thence South 02 degrees 53 minutes 55 seconds West, 60.00 feet to the Northeast
Corner of Lot 6, Block P said point being on the South right of way line of Walnut
Street. Thence along the North line of Lots 6 through 1, Block P and said right of way
line, North 87 degrees 14 minutes 02 seconds West, 277.37 feet to the Northwest
Corner of Lot 1, Block P. Thence North 03 degrees 41 minutes 08 seconds East,
60.00 feet to the Point of Beginning.
€ . Satterfield Land Surveyors, P. A. ti�,E�,*er 4:0
171
14 _112Eg P.O. Box 640 • Alma, Arkansas 72921
S` ha- Office located at 1928 Highway 71 North }.t,
Member:ASPS--0SI.S Alma 479-632-3565 s Fax 479-632-5002 • Fort Smith 479-648-3850
Springdale 479-751-7909 o Web Site: www.slsurveying.com
To: The Honorable Bob Freeman, Mayor
Member of the City Council
Members of the Planning Commission
Re: Request for Street Closure
All that portion of the 60 feet platted Walnut Street Right of Way, lying between Lots 7
thru 12 Block I, Mountain View Addition and Lots 1 thru 6, Block P, Mountain View
Addition to the City of Van Buren, Arkansas.
Ricky Hill,P.L.S.
Satterfield Land Surveyors
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Doc Nur62003044441
$14. 00
11120/2903 12:340 Pr.
Filed 3 Recorded in the Official Reco?ds of
LINDA HOWARD, CIRCUIT CLERK
By - --- _ _.._D.C.
EASEMENT
KNOW ALL BY THESE PRESENTS:
That LANCE E. YERBY and TRINA G. YERBY, husband and wife, and REX L.
YERBY and ALMETA F. YERBY,husband and wife, GRANTORS, for and in consideration of
the sum of Ten Dollars ($10.00), and other good and valuable consideration paid by LISA Y.
DARDEN,GRANTEE,the receipt of which is hereby acknowledged,do hereby grant,bargain,sell
and convey unto the Grantee, and unto her heirs and assigns forever, an easement for ingress and
egress and for access to utilities over and upon the following lands lying in CRAWFORD County,
Arkansas,to-wit:
The South-Half(S/2)of Walnut Street as closed by Ordinance No. 10-1989 North of
Lots 1-6 of Block P, Mountain View Addition to the City of Van Buren, Arkansas
and the West 23 feet of ALTA VISTA AVENUE of the South-Half(S/2) of Walnut
Street being part of the Northeast Quarter (NE/4) of the Southwest Quarter (SW/4)
of Section 24, Township 9 North, Range 32 West of the Fifth Principal Meridian,
Crawford County,Arkansas.
To have and to hold the same unto the said GRANTEE and unto her heirs and assigns
forever, said easement.
And we LANCE E. YERBY and TRINA G. YERBY, REX YERBY and ALMETA
YERBY do hereby release and relinquish unto said GRANTEE all rights and possibility of curtesy
and homestead in and to said lands.
WI" ESS our hands this ri - day of 0?Ie'?n&P.41,2003.
E E. YERB REX ERBY
Zl/�
_ 7-
TRIM G.YERBY / ALMETA F.YERBY /
I certify under penalty of false swearing that the legally correct amount of documentary stamps have
been placed on 's AH.
ent.
A A Y. rV ' 1 EN,Grantee
rantee's Address: 105 Walnut Street
Van Buren,AR 72956
i�1
^Ner 31't
3
ACKNOWLEDGMENT
STATE OF ARKAISAS )
YY
COUNTY OF/4/1-4[4t. )
Before me,a Notary Public in and for said County and State,on this"lay of �U�it�/{'I� '�
2003, personally appeared REX L. YERBY and ALMETA F. YERBY, HUSBAND AND
WIFE,to me known to be the identical persons who executed the within and foregoing instrument,
and acknowledged to me that they executed the same as their own free will and voluntary act and
deed for the uses and purposes therein set forth.
And on the same day voluntarily appeared before me the said grantors in their capacity as
spouses of each other to me personally well-known, and they, in the absence of their spouses,
declared that they had of their own free will, executed said instrument and signed and sealed the
relinquishment of dower, curtesy therein contained, for the considerations and purposes therein
mentioned and set forth,without compulsion or undue influence of their spouse.
Witness my hand and official seal the day and year above set forth.
441,4,,,i
/..
Marilyn Polk Y N `N�
Notary Public = c ...• {�h4 Ti
IOMM
i ` `NOTAR .�-
IU • �• •• '•vii
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CERTIFICATE OF RECORD
STATE OF ARKANSAS COUNTY OF CRAWFORD
I hereby certify that this instrument was
Filed and Recorded in the Official Records
in Doc Num 2003044441
11/28/2883 12:34:28 PM
Linda Howard
Crawford County Circuit Clerk 8 Recorder
/ r
By'I • 1 ' A e D.C.
if
1
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f
ACKNOWLEDGMENT
STATE OFA SAS )
� A )
COUNTY OF at / _, )
Before me,a Notary Public in and for said County and State, on this/Qday of *ller !l/
2003, personally appeared LANCE E. YERBY and TRINA G. YERBY, HUSBAND AND
WIFE,to me known to be the identical persons who executed the within and foregoing instrument,
and acknowledged to me that they executed the same as their own free will and voluntary act and
deed for the uses and purposes therein set forth.
And on the same day voluntarily appeared before me the said grantors in their capacity as
spouses of each other to me personally well-known, and they, in the absence of their spouses,
declared that they had of their own free will, executed said instrument and signed and sealed the
relinquishment of dower, curtesy therein contained, for the considerations and purposes therein
mentioned and set forth, without compulsion or undue influence of their spouse.
Witness my hand and official seal the day and year above set forth.
' ii.i.-Z4 1 kY /2/61-1
Marilyn Po 9
Notary Public =_-`"��„
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10.G.Poff `k
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,�q�.�• 0 AR y' '•i
''I `•. PUBS-\G g
skiAN CO-
CITY OF VAN BUREN, ARKANSAS
FILE
c: CIRCUIT tc
ORDINANCE NO. /49 -1989 ` Zr,
'89 FM 113 Aft 9 51
AN ORDINANCE VACATING AND ABANDONING A PORTION OF AN ALLEY AND PARTS OF THREE STREETS IN
MOUNTAIN VIEW ADDITION TO THE CITY OF VAN BUREN, ARKANSAS. CiY 97
WHEREAS, A Petition was duly filed with the City Council of the City of Van Buren,
Arkansas, on the 5th day of April, 1989, asking the City Council to vacate
and abandon the alley between Lots 1 through 5 and Lots 8 through 12,
Block I, Mountain View Addition; the South 30 feet of Grand Avenue adjoin-
ing Lots 1 through 6, Block I, Mountain View Addition; the West 23 feet of
Alta Vista Street from the centerline of Grand Avenue to the South line of
Walnut Street except that portion adjoining the alleyway in Block I; and
all of Walnut Street between Block I and Block 0 of Mountain View Addition,
all in the City of Van Buren, Arkansas; and
WHEREAS, After due notice as required by law the Council has at the time and place
made notice, heard all persons desiring to be heard on the question and has
ascertained that the alley and streets hereinabove designated have hereto-
fore been dedicated to the public use as an alley and streets and that the
same have not been actually used by the public generally for a period of
more than ten years preceeding this date; that the owners of the property
abutting such alley to be vacated have filed with the Council or have
expressed their consent to such abandonment and the public interest and
welfare are not adversely affected by abandonment of such alley:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS:
SECTION 1: THAT the City of Van Buren, Arkansas, hereby releases, vacates
and abandons all its rights, together with the rights of the public gen-
erally, in and to all that portion of the alley between Lots 1 through 5
and Lots 8 through 12, Block I, Mountain View Addition; the South 30 feet
of Grand Avenue adjoining Lots 1 through 6, Block I, Mountain View Add-
ition; the West 23 feet of Alta Vista Street from the centerline of Grand
Avenue to the South line of Walnut Street except that portion adjoining
the alleyway in Block I; and all of Walnut Street between Block I and
Block 0 of Mountain View Addition, all in the City of Van Buren, Arkansas.
SECTION 2: THAT the City of Van Barer.., Arkansas, does hereby reserve,
however, any existing utility easements which may be in place for the pur-
pose of maintenance, replacement, and/or repair of any and all water and
sewer or other utility lines over said property, and further requires that
no structure be placed over any existing utility line.
SECTION 3: THAT 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.
SECTION 4: THAT the immediate passage of this act is necessary, and there-
fore, an emergency is declared to exist, and this act being necessary for
the preservation of public peace, health, welfare and safety shall take
effect and be in full force from and after its passage.
PASSED AND APPROVED THIS 15TH DAY OF MAY 19 89
/Ae...-/.4.a.Z_Z../ .00r
YOR
ATTEST D:
CI CLlRg RER -- 718
yJ. 8 1 >i
CITY OFFICERS '1 l w \ (- - 11 r / 7 1
9
ANN GRAHAM /C//.' �1 • t� `r.•.J�1 // ` ti .3 fr 0_,....1 :�
H'''
'
Gly Clark-Treasurer .'•!� �-.- 4- ( T' `a
GARY GOTTRELL %' ' },? • '� tic` - .! �i -J1i!` _I_
MuMOlpel Judge .-c C� /( ••, ..! , ,I ••er _ -9^Itl...< L Tri j•'.
STEVEN PEER �• �� •• -- ll,
City AtlorneY n ,� A M •'. O a�
i_e I 17. 1
DONNA PARRISH - gr �! � - •- r'
Court CI.vI - _._y•�T _ .. _.» •• ��
Aldermen
HILL ALEXANDER
DAVID MOORE City of Van Buren, Arkansas
JOHN RIOGS
BILL SWAIM ROBERT E."GENE"BELL,Mayor
ALLEN R.TOOTHAK ER .
DOR VAN WILEY P.O.Box 6M • van Buren,Arkansas 72966 • (501)474-1641
I, Ann Graham. the duly elected. qualified and acting City Clerk
Treasurer of the City of Van Buren, Arkansas do hereby certify
that the attached Ordinance 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/6-c. day of , l9 .
That the said copy of said Ordinance is a true and/correct copy of
the same Ordinance adopted at said meeting and filed of record.
IN TESTIMONY WHEREOF. I have hereunto set my hand and the seal of
said City of Van Buren as of the /GL''day of/Y,7 v,,(r,
'l•Y�,`...204c#, I1/1
-:-..,\�,,Y,4;1! "'iii"' i„�.•,1rr
..:/,.‘17 - z:-.;,4•40.j. z-.! :-.:-::- '1 -2-)-(--,--c --44--"-Aa--4--‘-
°r ` i �!'- Ann Graham
City Clerk Treasurer
sun.OR A11KAN!A6 aa.
COUNTY OP OIIAWEOIID
I.LINDA HOWA11O,Clroult Clarkand Ittt-Offlele Pleaerder•fer the
County eforaeeid, do hereby ottrtify that the anno.ed and 4ofa•
going Inetrumant of writing was,'led for raord 0 ilea On the
/ oday of A.D.
p1RCU ip ,aPS_o'aloak , Ih•
pF- �T , semi le now duly taoordad WRh the
�. acknowledgments and _P
-090
9 Inertiar%I eoord Book r
Papa %!�IN WITNflS W RAEQ6,
I have Mraunlo set myHand And
y i •IIJa d d11t of ii Court.•b'
4 LINDA HOW 0, tin'e� °•
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