ORD NO 11-2017 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. II -2017
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDNANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND ORDINANCE NO. 10-1989, FOR
THE PURPOSE OF CORRECTING THE DESCRIPTION OF A
PORTION OF AN ALLEY AND PARTS OF THREE STREETS
TO BE VACATED AND ABANDONED IN THE MOUNTAIN
VIEW ADDITION TO THE CITY OF VAN BUREN, ARKANSAS,
DECLARING AN EMERGENCY,AND FOR OTHER PURPOSES.
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, had the authority to vacate and abandon a portion of an alley and
parts of three streets in the Mountain View Addition; and
WHEREAS, it was recently discovered by the petitioners of said abandonment,that the above
mentioned alley and streets were incorrectly described in the original Ordinance No. 10-
1989; and
WHEREAS, the Planning Commission of the City of Van Buren has reviewed the matter and
recommends that the City Council vacates and abandons the portion of an alley and parts
of three streets,as they are accurately described below:
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 adjoining 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 P of Mountain View Addition, all in the City of Van
Buren,Arkansas.
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 and streets
as they are correcting described above.
SECTION 2: Due to the immediate need to correct the mistake found in the original Ordinance No. 10-
1989,an emergency is declared to exist and this ordinance being necessary for the
preservation of the public health, safety,and welfare, it shall take effect immediately
from and after its passage and approval.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas, by its City Council,did pass,
approve, and adopt, by a vote of 5.for and so against the foregoin. Ordinance at its regular meeting
held on the 24th day of July 2017.
Ro.
Mayor
ATTESTED:
gip§ I D AS TO FORM:
c,ia-ern-� a•�4
Philli homas Candice A. Settle
City Clerk/Treasurer City Attorney
•
CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. //9 -1989
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.
101
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 '7
7. Block 0 of Mountain View Addition, all in the City of Van Buren, Arkansas.
SECTION 2: THAT the City of Van Buren, 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 aver 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 •
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MAYOR
ATTESTED;
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CI RK-TR ASURER
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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) � Re resentative (engineer, attorney,p ( gi realtor, etc)
Name: Name: 4 -fit�
Address: Address: ' Oe a`fs. 1.1 D
A• Rkr, 72:9Z if
Telephone Number: Telephone Number: 179-63 a646.
E-Mail: E-Mail: r c.a j L S Ism."tt/e /(9 .c.,4&-rk
Site Address/Location: 54£ /-4... t A,4 Ati,c •
Leg
al Desc iption of area to be vacated(attach separate sheet if necessary):
'lam 7 r �.i "Lin °�� / le ifog, - n.c/
/51)-/-x / D��. -!r ASJJ Ar��plll9 e'A l ,i e/i..T A-da•
L: /An flit. fir"r lJ C
Assessor's Parcel Number for Subject Property:
Reason for Request % A 'c1 4„,1' , , r,�V) &-4
.ora ,'an r .&Jo.i•eni hOa. l,.a s i; f.� f!' f r•c? Gl/��d�"��'�r: rh o
Current Status of Right-of-Way development: /'y -_ o S ,c>� e�'f ei�d
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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.
' 4
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 healing notice given by
the City. ,+
Name: (printed) `c l!.e-i d4,J/
4,0 Signature: /7 Date: -d'
Note: If application is signed by authorized agent,all owners must sign and submit
"Authorization of Agent"form.
To Be Included With Application:
P.t / • Petition with signatures of all abutting property owners •
P<,r, f • Meets and Bounds legal description of the area to be vacated
a'.\=\ V' • A plat showing the area to be vacated
V.
• Proof of notice to the utility companies or written approval of closing from�`�' the utility companies
9, V • 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 &,.//Cf i is'HOE#tED, ZiPt fr
ADDRESS / 14_1 Irl.. ter,_ .• -i ce •
CITIZEN &et. Pei - h1 IV'ddo5'" PHONE# Y71- t/ /` .?1•
ADDRESS V WC/n J yl, J/ 4 /?u Kg 7Z ?5
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CITIZEN k210-4--°--.a *-elarlc. PHONE# 7—,e2 c' �^ 30 17
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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. , /CITlZE ' ��► ` '_" PHONE# 609trap -N
ADDRESS Alfa a V {V7 Vac,. 6ttra,,, /•'1' 72/95-0
CITIZEN PHONE#
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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.
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Satterfield Land Surveyors, P A. ,°•%:`i`'�e
41 2 `% P.O. Box 640 o Alma,Arkansas 72921 t l..LT
+/4- Office located at 1928 Highway 71 North tloo
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Member:ASPS--OSIS Alma 479-632-3565 e Fax 479-632-5002 Fort Smith 479-648-8850
Springdale 479-751-7909 o Web Site:www.slsurveyxmg.com
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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 thra 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 tuni::: ::::::$14.0:0
14-øø
11/2U/29S14fied 3 RcordettReco-:ds of
LINDA HUARD, CIRCUIT CLERK
Dy' _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.
Will ESS•our hands this /9.14-day of7)P614/).0),2003.
! 3
'_:Yali B- . .. , • REX ,.YEYtBY
. , . : /
. :'.- 41,14:19 ::.•-•:
'"I' .,YERBY .. . __ ALMETA F.YERBY ll /
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I certify under venally, of false swearing that the legally correct amount of documentary stamps have
been pi" eed on +'s` Oent.
/ -
:'.4:1:...4 Y. . 1E14,Grantee
rantee's Address: 105 Walnut Street
Van Buren,AR 72956
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,-161,Nef kw-lc. .._.3 .
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ACKNOWLEDGMENT
STATE OF AR A, SA 8 )
_
COUNTY OF 40 /, ,...„/L )
Before me,a Notary Public in and for said County and State,on this f7'"`day of4'"
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.
r;)/ dildr46,1
Marilyn Polk •
Notary Public
•fi'. 426.4P rn.6
•
CERTIFICATE OF RECORD
STATE OF ARKANSAS COUNTY OF CRAWFORD
I hereby certify that this instrument was
Filed and Recorded in the Official Records
in Doe Num 2003 J44441.
11/26/2803 12:34;28 PM
Linda Howard
Crawford County Circuit Clerk & Recorder
• '6.,•, Q,C.
ACKNOWLEDGMENT
STATE OF A = .• SAS )
COUNTY OF - . r )
14 r) wide/ti , :
Before me,a Notary Public in and for said County and State,on this/-I day of
2003, personally appeared LANCE E. YERBY and MINA C. 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.
:lywAyra 1'0 f
Notary Public - %:,....:
tyl'' 'r?!4; p,;.r
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4
CITY OF VAN BUREN, ARKANSAS '~� `'
. Cs C:IECUIT &
ORDINANCE NO.. JP__ .-1989 :' ` RK .
'89 MR'? 16 Aft 9 Si
! 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. BY 27
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
L`eacertained 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 treed by the public generally for a period of
mote 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:
g f;',tZ. 14 THAT the City of Van Buren, Arkansas, hereby releases, vacates
and iajd es all its right4, tog-ether with the rights of the public gen-
ei+_s1 , in and to all •that portion of the alley between Lots 1 through 5
and. Erste 43 through 12, Bleak, I, kountain View Addition; the South 30 feet
of Gta'dd. .A,venue adjoinizjx its 1 through 6, Block I, Mountain View Add-
4t :++ktr Oft Vast 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 .edty of Van Bureq, Aww*es, dpes Wareby reserve,
howevei=, any existing Ft-ility g,gapijt nps, Obt-o i may be in place for the purr
pose of maintenance, replacement, sod/.or reV*Itr of ary rii;id all water and
sewer or other utility lines layer `said ptope-rtyatilt further requires that
no structure be placed: over any 2tiat¢:ng utijity line.
•
SE016/1 8: THAT a copy of this Ordinance bearing original signatures and
A.Ozyc esktified by the City Clerk shall be filed in the Miscellaneous
it±eep de b the Circuit Clerk of Ct.tford County, Arkansas.
SEGT1OP7 4: THAT the immediate passage of this act Is necessary, and there-
fore, Mn 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 1..T1-1 ._DAY OF _ MAX 19 89
•
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~ATTESTD,
Cz : R .. AStiRgR !.� .i 4.
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CITV OFFICERS r-�:•-..\ (. 1 , • `, - -I - � r
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7 i J6 ,•,l - "� ' r-• �ANN GRAHAM , --,. \ ',( Ir E7V�I .4 cr •CyChk Teouror . . ,r
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GARY COTTRELL
Munlolpal Judo. Y\ ':"'^ 1 '• e •.t•F
STEVEN PEER 1�e.�, 1:e'et We- _ 11 w - • Ili - a :� !
City Attorney , !- I • • . ' .l r( A
DONNA PARRISH Maga � ' 1 •�inL ef
Cour)CIorlt ..-. •sem T--. . _ j - ...
Alderman
HILI ALEXANDER ..._-
DAVID MOORE city a f Van Buren,ren, A rkans s
JOHN RIQOS fl fi,] of 41JS 4/ !-1i•j1► JI J♦i74R
BILISWAIM HOSEPIT E."GENE"BELE,Mayor
ALLEN R.TOOTHAKER -
DORVAN WILEY P.O.Boa MIA a Van Nure»,Arkansas 7295 • (501)474-1541
i
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 g
original which was adopted by the _City Council of the City.,of
Van Buren, Arkansas held on thee..,7 day of /37,01 , 197
1
That the said copy of said Ordlnarice is a true agdPCorrect copy of
• the same Ordinance adopted at said meeting and Tiled of record. 1
f.
IN TESTIMONY WHEREOF. I have here.untb: set my hand and he seal of
said City of Van Buren as of the /f�P day of M' y ./ 7
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in hoc{:i• t� •a•. % 3
Ann Graham f,
f IItf\ �yi', `� City Clerk - Treasurer
STAti,oig•APOIANttmi }•• "'
ct ITY QP.ONAWFORD f!s• .. i
I1,LI'DA,HOWAila,`otro4Tt Cis Ea,Offlelo ipepdv tur,il e
County iforeiald,'do hiriby c.r't that the a lfsti'•e•' '..Leis.
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rF Satterfield Land Surveyors, P Ad ��,ts
OA ►°D G!
P_O, Box 640 Alma,Arkansas 72921 WA
NRPT-'4,'4-
•Tiottis- Office located at 1928 Highway 71 North ''Qt
Member:ASPS--OSIS Alma 479-632-3565 0 Fax 479-632-5002 3 Fort Smith 479-648-3850
M Springdale 479-751-7909 G Web Site:www.sl.surveying_eom
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
thin 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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