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RES NO 10-05-2020 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO.10 - 05 -2020 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 VACATING AND ABANDONING A PUBLIC UTILITY EASEMENT ALONG LOT 34, LEGACY PARK PHASE 1, AND LOT 79, OLIVER SPRINGS HEIGHTS PHASE IV, IN THE CITY OF VAN BUREN, ARKANSAS. WHEREAS, Anderson Surveying, Inc.,on behalf of Jerry and Delesia Sams,has petitioned the City Council of Van Buren,Arkansas,to vacate and abandon a public utility easement along 3 lot 34, Legacy Park Phase 1, and lot 79, Oliver Springs Heights Phase IV in the City of Van Buren,Arkansas,more specifically described as follows: PROPOSED VACATED AND ABANDONED EASEMENT DESCRIPTION See Exhibit"A" attached ; and WHEREAS, Jerry and Delesia Sams own all the property through which the public utility easement to be vacated and abandoned extends;and WHEREAS, the City Council of Van Buren, acting under the authority of A.C.A. 14-199-103,has the authority to vacate and abandon public utility easements or segments thereof NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: 1 SECTION 1: A Public Hearing is set for November 23,2020, at 5:30 P.M. in the Van Buren Public Library,at which time said Petition shall be presented to the City Council and the Council will determine at that time if such portion of said public utility easement should be vacated and abandoned and that all affected property owners and other persons directly interested have consented to such vacating and abandoning. 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. 1 . 1 1 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 b against,the foregoing Resolution at its regular meeting Iheld on the 26th day of October 2020. i 1 i /9 5y140.673-4-- Joseph P. H st Mayor i 4 ATTESTED: 'P' it 1 • TO FORM: AO [10,1 .assI/I Phy is Thomas . 4 ice A. Settle City Clerk/Treasurer City Attorney i 5 3 .14 Exhibit"A" Survey Description: ) Part of the Lot 34, Legacy Park, Phase I and Part of Lot 79, Oliver Springs Heights, Phase IV,additions to the City of Van Buren,Crawford County,Arkansas,being more particularly described as follows: BEGINNING at an existing rebar (RLS905) marking the Northwest corner of said Lot 79, Oliver Springs Heights, Phase IV;THENCE S87°06'17"E,along the North line of said 79, Oliver Springs Heights, Phase IV, 204.53 feet to an existing iron pin marking the Southwest corner of said Lot 34, Legacy Park, Phase I; THENCE leaving the North line of said Lot 79, Oliver Springs Heights, Phase IV, N24°39'22"W, along the Southwesterly line of said Lot 34, Legacy Park, Phase I, 16.91 feet to a point; THENCE leaving the Southwesterly line of said Lot 34, Legacy Park, Phase I, S87°11'08"E, 157.71 feet to a point on the Southeasterly line of said Lot 34, Legacy Park,Phase I;THENCE S10°05'24"W,along the Southeasterly line of said Lot 34,Legacy Park,Phase I,15.12 feet to an existing rebar(RLS1272)marking the Southeast corner of said Lot 34, Legacy Park, Phase I;THENCE leaving the Southeasterly line of said Lot 34, Legacy Park, Phase I, S87°38'27"E, along the North line of said Lot 79, Oliver Springs Heights, Phase IV, 78.61 feet to the Northeast corner of said Lot 79, Oliver Springs Heights, Phase IV; THENCE leaving the North line of said Lot 79,Oliver Springs Heights,Phase IV,S02°53'22"W,along the East line of said Lot 79,Oliver Springs Heights,Phase IV,15.00 feet to a point;THENCE leaving the East line of said Lot 79,Oliver Springs Heights, Phase IV, N87°38'27"W, 78.53 feet to a point; THENCE N87°11'08"W, 148.06 feet to a point; THENCE N87°06'17"W, 204.47 feet to a point on the West line of said Lot 79, Oliver Springs Heights, Phase IV; THENCE NO2°37'47"E, along the West line of said Lot 79, Oliver Springs Heights, Phase IV, 15.00 feet to the POINT OF BEGINNING,containing 0.201 acres,more or less,being subject to public road rights-of-way and any easements of record,according to a survey by Anderson Surveying,Inc., RLS#1272,Job#20-08- 22. x j { 1