ORD NO 28-2020 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.25 -2020
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO ABANDON A PORTION OF A UTILITY
EASEMENT ALONG LOT 34, LEGACY PARK PHASE I, AND LOT 79,
OLIVER SPRINGS HEIGHTS PHASE IV, INSIDE THE CITY OF VAN
BUREN,CRAWFORD COUNTY,ARKANSAS.
WHEREAS, a petition has been filed with the City Council of Van Buren,Arkansas,by Jerry and
Delesia Sams to abandon the utility easement along Lot 34, Legacy Park Phase I, and Lot
79, Oliver Springs Heights Phase IV,more particularly described as follows:
Description of Existing 15.00 Foot Utility Easement
See Exhibit"A"attached
; and
WHEREAS, after due notice as required by law,the Council has heard all persons desiring to be heard
on the question of abandoning the easement in the hereinabove subdivision,and has
ascertained that the easement hereinabove designated has therefore been dedicated to the
public use as a public easement; and that the owners of the property abutting the
easement to be abandoned have filed with the City Council, or have expressed their
consent to abandonment, and the public interest and welfare are not adversely affected by
abandoning said easement; and
WHEREAS, the City Council of Van Buren, acting under the authority of A.C.A. 14-199-103 and
A.C.A. 14-301-112,has the authority to abandon easements or segments thereof.
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,and abandons all its rights,together
with the rights of the public generally, in and to the utility easement specifically
described above.
SECTION 2: 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. The Ordinance will not be filed of record until the water line is moved from
the easement.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas, by its City Council,did pass,
approve, and adopt,by a vote of for and 0 against the foregoing Ordinance at its regular meeting
held on the 28th day of December 2020.
•
Joseph '. rst
Mayor
ATTESTED: • ' 'ROV. I TO ! ' :
Wa
oipAl :401Acyrn ziL) ;0114
Pmas . • -•-- A.�e e '
Y
City Clerk/Treasurer City Attorney
Exhibit "A"
Survey Description:
Part of Lot 79, Oliver Springs Heights, Phase IV and Part of Lot 34, Legacy Park, Phase I, additions to the
City of Van Buren, Crawford County,Arkansas, being more particularly described as follows:
COMMENCING 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 and
the POINT OF BEGINNING; THENCE N24°39'22"W, along the West line of said Lot 34, Legacy Park, Phase
I, 6.94 feet to a point; THENCE leaving the West line of said Lot 34, Legacy Park, Phase I, N49°06'56"E,
12.80 feet to a point; THENCE S87°11'08"E, 74.74 feet to a point; THENCE S43°32'07"E, 17.69 feet to a
point;THENCE SO4°10'15"W, 17.79 feet to a point;THENCE N87°11'08"W, 93.19 feet to a point;THENCE
NO2°48'52"E, 15.00 feet to the POINT OF BEGINNING, containing 0.063 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.
• r P 1' ' j d i p} ;ri ' 'r )li�,II ��I 11 �� l ii1 'auca
.
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,manor, 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 existing garage.
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) L1/ \ 5 4 ' I 5/9 �Tm
Signature: a _I!,..'_"- a, _I, Date: /P/ 2
/>tv
Note: If a I ication 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.
1
•
The application and petition must bellied 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.
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
gent in the matter. (Print Name of Agent)
(Type or clearly print)
NAME&ADDRESS OF ALL OWNERS. SIGNATU LL OWNERS.
.k;
1 Jerry&Delesia Sams
727 Powderhorn Circle
Van Buren,Arkansas 72956
2.
13.
jtp
}
i
i
:3
•
PETITION TO VACATE
Lot 79,Oliver Springs
Heights,Phase IV and
PETITION TO VACATE 15'Utility Easement LOCATED IN Lot 34,Legacy Park,Phase 1,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
Lot 79,Oliver Springs Heights,Phase TV
herein sought to be abandoned and vacated, lying in“act Lot s�,Lcgacy Pal k,Phax t City of Van Buren,
a
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 Oc 14 , 1
r Ay S -r1)-- 3 L&S4q 5.4 .f
Printed Narfte
Sig `azure
Exhibit"A"
Survey Description:
Part of Lot 79, Oliver Springs Heights, Phase IV and Part of Lot 34, Legacy Park, Phase I, additions to the
City of Van Buren, Crawford County,Arkansas, being more particularly described as follows:
COMMENCING 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 and
the POINT OF BEGINNING;THENCE N24°39'22"W, along the West line of said Lot 34, Legacy Park, Phase
I, 6.94 feet to a point; THENCE leaving the West line of said Lot 34, Legacy Park, Phase I, N49°06'56"E,
12.80 feet to a point; THENCE S87°11'08"E, 74.74 feet to a point; THENCE S43°32'07"E, 17.69 feet to a
point;THENCE SO4°10'15"W, 17.79 feet to a point; THENCE N87°11'08"W, 93.19 feet to a point;THENCE
NO2°48'52"E, 15.00 feet to the POINT OF BEGINNING, containing 0.063 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.
I
t..
v ../:, ,ikk �n„ , ram °
�%"lro�cssasY:rdwvu .....:.:/'a .r,. . +�iwafa .,.. ..:,.. :,xxvric„ is ,4ye; ,,.,,.a 'x"44.,aawyrw,arme;wa,"twsar:u�wtrRar&ssr`a"+.N,...
Lot S; 1Legacy Pork,
/1
Witharn C.&Coyne/Monks
1 ! - • •; LEDANNA D
706 Lem,AR Odra
n e.r.,AR 72956 Tract;a" wa
Parcel l0! L vnoyae�i I` �
N 700-03525-033 (O ano9e k i- i
Uhlih•Eaaennntt)/ / ,
2 YN
Tract"A'
I Legacy Pork, �/ // \ r —_Phase I \ Iwo.
(Drainage k 4.0'ACCESS \ (R9RPs)
UA1ty Easement) EASEMENT i 15.0'UTILITY \ /' SURVEY DESCRIPTION:
EASEMENT
___ PART OF LOT 79,OLIVER SPRINGS HEIGHTS,PHASE IV AND PART
Whom D.Gartner o-snarler,.tarmac _—'
Management Trust
Jerry k L/en,o Sans OF LOT 34,LEGACY PARK,PHASE I,ADDITIONSARKANS TO THE CITY OF
6 Shenandoah Plan // VAN BUREN, CRAWFORD COUNTY, ARKANSAS, BEING MORE
/ 4.V ACCESS 727�AR 72956
R/harCwn,7X 75080PARTICULARLY DESCRIBED AS FOLLOWS:
Porch/OiEASEMENT Lot 35,
! peel N/ Legacy Pork, COMMENCING AT AN EXISTING REBAR (RLS905) MARKING THE
700-0J525-G97 Csy,N i./;--- -',-.."-'.. 100-OJ515-OJI Phase/ NORTHWEST CORNER OF SAID LOT 79,OLIVER SPRINGS HEIGHTS,
MO. �� PHASE IV;THENCE S87°06GHTS,ALONG THE NORTH LINE OF SAID
Lot N. Ronnie Mom,Jr. 79, OLIVER SPRINGS HEIGHTS, PHASE IV, 204.53 FEET TO AN
C Cwc R,ks Legacy Pork, !Amanda Morrow EXISTING IRON PIN MARKING THE SOUTHWEST CORNER OF SAID
POINT OF COMMENCEMENT ERLS, Phase/ 710 Ledanna Drive LOT 34,LEGACY PARK,PHASE 1 AND THE POINT OF BEGINNING;
Existing Reber(RLS905) harm'AR 72956 THENCE N24°39'22•W,ALONG THE WEST LINE OF SAID LOT 34,
NW Corner LEGACY PARK,PHASE I,6.94 FEET TO A POINT;THENCE LEAVING
Lot 79,Oliver Springs Hei Heights N24°39'22"W N49°06'56"E ' Parer/b! THE WEST LINE OF SAID LOT 34, LEGACY PARK, PHASE I,
g 6.94' m. may,VyY I•.'- it ll, 7IX1-OJJ25-OJS N49°06'56-E,12.80 FEET TO A POINT;THENCE 587°31'08"E,74.74
12.80' Rr,ealm JSE 1ENT FEET TO A POINT;THENCE 543°32'07'E,17.69 FEET TO A POINT;
poinage R -- ------ _ S43°32'07"E THENCE 5D4°10'15.W, 17.79 FEET TO A POINT; THENCE
Uhk1y Eaeemmt 17.6q' N87°1l'08"W,93.19 FEET TO A POINT;THENCE NO2°46'52"E,15.00
Iwwea:4Rlaeen x POB ——
Fa1He elaMO.A 8 V \ 15.0'UTILITY
FEET TO THE POINT OF BEGINNING,CONTAINING 0.063 ACRES,
X S87 11 OBE 74 74 \ EASEMENT 15.0'UTILITY MORE OR LESS,BEING SUBJECT TO PUBLIC ROAD RIGHTS-OF-WAY
Ras S61V6,72' 10M-3J• 'e0w IL,1 `�/� ,, •'-1— -- EASEMENT AND ANY EASEMENTS IN ,INC.,RECORD,RLSACCORDINGB# 0-A SURVEY2. BY
(RMas) —� � '� ✓ / - ---- ANDERSON SURVEYING,I .,RLS#1272,JOB#20-OB-22.
r--_— _ Wm
NO2°4852"E '*\ \; _ Loth 1
RevI ----I5.0'UTILm ♦ #'°,ease` \'x — '--- 0.6'Ras
/vV "w (Wm.) / [. k tot 19 1.1'
(R9106)I EASEMENT ♦ _SO4°1O'15"W Rsb lYw I
1.3' I N87°11'08"W 93,9' -- —J— 0.3'1 HATCHED AREA INDICATES 17.79'
FiYa1 �C�1T. IE
I UTILITY EASEMENT s+Yq ��"� �•` EASEMENT TILITY �
I TO BE VACATED .. T I
1 (0.063 Acres)
HATCHED AREA INDICATES ah*/ 4 . Rana
15.0'UTILITY EASEMENT 1r ed
I Rvat I•1., 15.0'UTILITY 1
(TO BE VACATED) R,K �s .I.Ave`♦ �� Lot 60,
mri '6,4 \ EASEMENT
'%pi �I -R' \b 1 ry X aver rye
eAReighh,
- 15.0'UTILITY RIiI� �.
x r EASEMENT ���.,I Maria O.Benitez
le
I Lot 79. ,�/�I��d 0 Von BPoner AR 72956Cir5
I Mier N Heights F r, 1 "A Von Burm.AR
I peep RRlre '.:: I Parcel/D/
I &Da'..:a Some �r11 (7S2 Ib.esb a ChM) .&iamb; — �\ 700-05/30-2/4
I 727 PaN Thorn arch,
Ion Barra.AR 72956 aN 4•,1ea e�
Unp/atted x 11�l� •
-- — I
Pare/V/ 'leer 50,i- 1�
Cynthia&Eric Brown i 700-05730-11J <iYr -..•, ,BSL • \ �\
2055 Kilgore Lone I / \
Van Buren.AR 72956 I
Parcel lO \ 3EASEMENT \�---
700-08906-001 I I \ EASEMENT
/
I --- Raan Id aH / / rf ,,-,. Jik,
Lot 78 .' a„ 7: ® �\/ POWDERIiORN CIRCLET
I Dive Heights.Phase IV / -w '" —T .1 7 R/IP•2 AyRdl SLr r/pip t
I / / d i S..l. Qkls)
15.0'DRAINAGE ` 3a
I L Steven d H Fr achya H. ankh /
730 Powdertrwn arc*
EASEMENT `'a= #--" .-
\ _
Von Buren,AR 72956 // \ \
Porn/D
700-051J0112/' ' \/ \ ''"'j
REVISIONS DATE Le end 1ERulnme4 VAN BUREN, CRAWFORD COUNTY, ARKANSAS
o• Set
g Pin/Pipe ♦♦♦♦,4 G13TER;• o,,,, �e�' SURVEY OF ANDERSON SURVEYING
INC.I set RR/sal Iron . - 15' UTILITY EASEMENT BEING PART OF 1li
K Existing Hole In Concrete ♦ STATE �••<S w •4•: BUWJ2YINO 7arkansas -- Obahoma
O Set Mag Nall , 1Y.� 1;a , • LOT 79, OLIVEROLNER SPRINGS HEIGHTS, PHASE N,
•,'}�� AND LOT 34, LEGACY PARK, PHASE I P.O. Box 129
K Existing Nall Q•1 - ;.
e,o Power vole e i ' Van Buren, AR 72957
�(- Power Pole
lr•• BATE: FOR USE BY:
® rg n
No. 1ea1 12-14-2020 (479)-474-4247
30 0 Tele/Elec.Pedestal ♦
30 BASIS OF BEARING: ® Water Meter 'eesi •••ni.. q ii ° , JERRY&DELESIA SAMS.. JOB N0. 20-0 2 Fax 479)-410-5 3
-..„.._...._. resmRORr.. ..,'fir" .. .,;, ,.. ..-...,,..._...:.�, ....,_,,..,, ..,..�._.. .., „ •OMI
BASED ON GPS OBSERVATION Light Pole T
Scale in Feet I CA 1697 Expires 12/31/2021 SCALE. 1"-30'
\ANDERSON\CunentP Ject0eta10-2020120.oa\20-08-22 Legacy Park-Oliver Springs Replet120-08-22 Exhibit REVISED.dwg,12/14/20202:44:46 PM