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RES NO 04-04-2020 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. - 4 -2020 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A DRAINAGE EASEMENT ON THE LOT 1 FIRE STATION PROPERTY. WHEREAS, a permanent drainage easement is necessary on Lot 1 of the Fire Station Property to ensure proper drainage for Legacy Place and to protect City property; and WHEREAS, the City believes it to be in the best interests of the citizens of the City of Van Buren to execute a drainage easement to the City and that it is necessary to protect property of the City of Van Buren. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Mayor is authorized to execute the attached drainage easement on City of Van Buren property located on the Lot 1 Fire Station property. IN WITNESS WHEREOF,the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of (p for and against,the foregoing Resolution at its regular meeting held on the 27th day of April 2020. _ 466‘..51— Joseph P. Hurst Mayor ATTESTED: • ' ' ' i VED I FORM: l ` �i►�iir P iiis Thomas 410.11t* 1- City Clerk/Treasurer - City Attorney DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS: That City of Van Buren, Arkansas, GRANTOR, for and in consideration of the sum of $1.00 and other good and valuable considerations, to them in hand paid by the CITY OF VAN BUREN, ARKANSAS, a municipal corporation, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey, unto the said GRANTEE, its successors and assigns a Permanent Easement for the construction, operation, and maintenance of a drainage ditch, and any appurtenances thereto, over, across, and upon a strip of land, crossing a Part of the Southeast Quarter (SE/4) of the Northeast Quarter (NE/4) Section 12, Township 9 North, Range 32 West, City of Van Buren, Crawford County, Arkansas, to wit; A Forty foot (40')wide drainage easement lying parallel, adjacent and South of the North line of Lot 1 Fire Station as filed for record June 25, 2018 and being more particularly described as follows: Commencing at the Southeast corner of said SE/4 of the NE/4; thence N 02°42'35" E 36.30 feet along the East line of said SE/4 of the NE/4 to an existing rebar marking the Southwest corner of the Fractional NW/4 of Section 7, Township 9 North, Range 31 West; thence N 03°0T19" E,42.13 feet along the West line of said Section 7 to the Point of Beginning; thence N 87°25'49" W, 1040.04 feet; thence N 02°50'52" E,40.00 feet to the North line of said Lot 1 Fire Station; thence along said North line S 87°25'49" E, 1040.19 feet to the East line of said Section 12; thence along said East line S 03°02'19" W,40.00 feet to the point of beginning. See Exhibit"A" attached hereto and hereby made a part of this instrument, with right of ingress and egress to and from the same. Legacy Place Drainage Easement Exhibit"A" Page 1 of 3 TO HAVE AND TO HOLD said Easement unto said GRANTEE, its successors and assigns forever. The consideration paid by the GRANTEE is received and accepted by the GRANTOR(S) in full satisfaction of every right hereby conveyed. IN WITNESS WHEREOF, the GRANTOR(S)herein have hereunto caused these presents to be executed on this day of , 2020. GRANTOR(S): Legacy Place Drainage Easement Exhibit"A" Page 2 of 3 ACKNOWLEDGMENT STATE OF ARKANSAS ) ) § COUNTY OF ) I, the undersigned, a Notary Public, duly commissioned, qualified, and acting within and for said County and State, hereby certify the execution of the foregoing instrument by the within named , as the GRANTOR(S), for the consideration and purposes therein mentioned and set forth on this day of , 2020. 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E°I; • ffi , lite ) 11 lig „ K _12 • ',' ..„...., 1 1----------n ...,. .; III—i 1 1-------------77-----------A Ili i 4 51 X •E :618 rt usIb .. 03 5 IS CP• A i t e :a18Is City of Van Buren, Arkansas Municipal Annex 111 North 12th Street • Van Buren, Arkansas 72956 VAN BUREN CITY COUNCIL MEMORANDUM TO: MAYOR JOE HURST AND CITY COUNCIL FROM: WALLY BAILEY, PLANNING DIRECTOR SUBJECT: DRAINAGE EASEMENT ON FIRE STATION LOT 1 DATE: APRIL 20, 2020 A proposed subdivision known as Legacy Place is planned next to Legacy Valley Phase I on Northridge Drive. The Legacy Valley Phase I, Legacy Place and the Fire Station Lot 1 were at one time all part of a larger preliminary development plan known as Legacy Park. On the enclosed Exhibit A there is an existing 40 foot wide drainage easement shown behind Legacy Valley Phase I and on Fire Station Lot 1 that is now owned by the City of Van Buren. Additionally, there is an existing drainage basin detention pond on the Fire Station Lot 1. A drainage channel behind the proposed Legacy Place subdivision will be the continuance of the existing channel located in the 40' easement behind Legacy Valley Phase I. This should help address any existing or future drainage issues in the area by capturing storm water from the hillside and helping to direct the flow into the existing channel. The location and alignment of the easement should help the City with future maintenance and access to the channel. The developer will be responsible for the construction of the drainage channel which has been designed by Brixey Engineering. With the approval of the drainage easement the City will receive the benefit of the channelization of the storm water. Please contact me if you have any questions.