RES NO 11-04-2020 CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. if -Oil 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 I, 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
lot 34,Legacy Park Phase I,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 and
A.C.A. 14-301-302,has the authority to vacate public alleyways 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 December 28,2020,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 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.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
approve,and adopt,by a vote of Tor and() against,the foregoing esolution at its regular meeting
held on the 23"I day of November 2020.
Josep . urst
Mayor
ATTESTED: AP'R I�i�ITO FORM:
Ph li Thomas Candice A. Settl-
City Clerk/Treasurer City Attorney
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,15.00feet 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.
•
•
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 X Representative
•
Applicant(owner) Representative(engineer, attorney, realtor,etc)
Name: Jerry&Delesia Sams Name: Anderson Surveying,Inc.
Address: 727 Powderhorn Circle Address: P.O.Box 129
Van Buren, Arkansas 72956 Van Buren,Arkansas 72957
Telephone Number: Telephone Number: (479)474-4247
E-Mail: E-mail: tony@and-survey.com
Site Address/Location: 727 Powderhorn Circle, Van Buren,Arkansas 72956
Legal Description of area to be vacated(attach separate sheet if necessary):
SEE ATTACHED
Assessor's Parcel Number for Subject Property: 700-05130-213 & 700-03525-034
Reason for Request: To Vacate an Existing 15' Utility Easement along the North line of
Lot 79,Oliver Springs Heights,Phase IV and an Existing 15'Utility Easement along the
South line of Lot 34,Legacy Park,Phase I for a proposed addition to an existin ara e.
Current Status of Right-of-Way Development: Not used by Utility Companies.
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.
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 he 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) �J Ry S ?1. bELES/9 m.(
Signature: hAea..
ld;.nno Date: /p/� /NI)
Note: If a 'cation 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.
•
•
The application and petition must bellied with the Planning Department by the first
Tuesday ofihe 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 hearingfor the next months.
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.
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.
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 own all the property.
We the undersigned, being owners of real property, and requesting an abandonment of public right-of-
way, alley, or public easement by application do hereby authorize Tony P. Anderson,RLS# 1272 to act as our
agent in the matter. (Print Name of Agent)
(Type or clearly print)
NAME&ADDRESS OF ALL OWNERS, SIGNATURE-MN LL OWNERS.
1 Jerry&Delesia Sams
•
727 Powderhorn Circle
Van Buren,Arkansas 72956
2.
•
PETITION TO VACATE
Lot 79,Oliver Springs
Heights,Phase IV and
PETITION TO VACATE 15'Utility Easement LOCATED IN Lot 34,Legacy Park,Phase I,CITY OF
VAN BUREN, CRAWFORD COUNTY,ARKANSAS.
TO: Van Buren City Council
We,the undersigned, being all of the owners of the real estate abutting the 15'Utility Easement
herein sought to be abandoned and vacated, lying in Lot;9,OlivcrSprings Heights,Phase N City of Van Buren,
and Lot 3 i,Lcgecy Pot k,I h,x I
Crawford County,Arkansas, a municipal corporation,petition to vacate 15'Utility Easement
which is described as follows:
That the abutting real estate affected by said abandonment of the 15'Utility Easement are
not used by utility companies ,and that the public interest and
welfare would not be adversely affected by the abandonment of the above-described
15'Utility Easement ,and that the 15'Utility Easement has not been used by the public
for a period of at 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 2 day of � �jC7!' Jti
/. S 4-, j L&S 9 5.417-,�
Printed Narfie
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