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RES NO 03-03-2022 I CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.03 -03-2022 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS,A SOLUTION TO BE ENTITLED: A RESOLUTION SETTING A PUBLIC HEARING DATE FOR ABANDONING A PUBLIC UTILITY EASEMENT ALONG LOTS 18 AND 19 IN THE TWIN CIRCLE COMMERCIAL PARK,PHASE I ADDITION INSIDE THE CITY LIMITS OF VAN BUREN, CRAWFORD COUNTY,ARKANSAS. EREAS, Simmons Foods, Inc. represented by Hoffman& Associates, Inc, has petitioned the City Council of Van Buren,Arkansas,to vacate and abandon the public utility easement along certain Lots 18 and 19 inside the Twin Circle Commercial Park,Phase I more particularly described as follows: PROPOSED VACATED AND ABANDONED EASEMENT DESCRIPTION See Exhibit"A"attached ;and WHEREAS, all the property owners and adjacent property owners being affected by this public utility easement abandonment have consented by signed petition; and REAS, 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 utility easements 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 April 25,2022,at 5:30 P.M.in the Van Buren City Council Room,at which time said Petition shall be presented to the City Council and the City 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. 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 (r for and a against,the foregoing Resolution at its regular meeting held on the 28th day of March 2022. j. icfiy/p(4---412(441A Mayor ATTESTED: APPR II : ! RM: 43iLtati AO la/J) PhylTii Thomas ob Howell City Clerk/Treasurer City Attorney • City of Van Buren Arkansas Municipal Annex 111 North 12' Street • Van Buren, Arkansas 72956 VAN BUREN CITY COUNCIL MEMORANDUM TO: MAYOR JOE HURST AND CITY COUNCIL FROM: WALLY BAILEY, PLANNING DIRECTOR SUBJECT: PUBLIC UTILITY EASEMENT CLOSING/ SIMMONS FOODS, INC. DATE: MARCH 22,2022 Simmons Foods, Inc. is proposing significant improvements to its facility at 2101 Twin Circle Drive including a building addition, new parking, and a detention pond. To facilitate these improvements Simmons Foods has submitted a petition to abandon an existing utility easement. The existing utility easement has not been utilized by a utility for many years. Arkansas Code Annotated (A.C.A.) 14-199-103 gives cities such as Van Buren the power and authority to vacate public utility easements by following procedures found in A.C.A. 14-301-301 through 14-301-306. Simmons Foods, Inc. has submitted a petition in accordance with these requirements. A.C.A. 14-301-302 (c)requires the City Council to fix a day for the hearing of the petition. A Resolution setting the public hearing date for the April 25, 2022, City Council meeting has been prepared and will be presented to the City Council at the March 28, 2022, meeting. Please contact me if you have any questions. Fla .- I tf1 _ . 1. . t -elkems. c. 1003 Broadway 0 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) Simmons Foods, Inc. Samuel E. Smith, PS1333 Name: Name: Hoffman &Associates. Inc. Address: 2101 Coop Drive, Address: 1031 Fayetteville Rd. Suite 202 Van Buren, AR 72956 Van Buren, AR 72956 Telephone Number: 479.806.381D Telephone-Number: 501.941.4172 E-Mail:kyle.niemann@simfoods.com E-Mail: ssmith@handa-inc.com Site Address/Location:Van Buren Cook Plant, 2101 Coop Drive, Van Buren, AR Legal Description of area to be vacated(attach separate sheet if necessary): Part of Lot 18 and Lot 19, Twin Circle Commercial Center, Phase I, an addiltion to the City of Van Buren, Crawford County, Arkansas. (full description attached) Assessor's Parcel Number for Subject Property: 700-07189-000-C &700-07188-000-C Reason for Request: Propsed construction over easement. Current Status of Right-of-Way Development: 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 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 hearing notice given by the City. Name: (printed) Samuel E. Smith �( I Signature: t�i Date: 02-25-2022 Note: If application 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 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. "EXHIBIT A" METES AND BOUNDS DESCRIPTION 10-FOOT WIDE UTILITY EASEMENT TO BE VACATED A 10-Foot Wide utility easement, being part of Lot 18 and Lot 19, Twin Circle Commercial Center, Phase I, an addition to the City of Van Buren, Crawford County, Arkansas more particularly described as follows: BEGINNING at a found rebar at the Southwest corner of said Lot 18, THENCE North 01°29'00" East, 398.40 feet along the West line of said Lot 18 and Lot 19 to the Northwest corner of said Lot 19 and the beginning of a non-tangent curve concave Northwesterly having a radius of 1035.00 feet; THENCE Northeasterly 11.44 feet along the North line of said Lot 19 and along said curve through a central angle of 00°37'59" and a chord bearing and distance of North 62°27'39" East 11.44 feet; THENCE South 01°29'00" West, 403.34 feet to the South line of said Lot 18; THENCE North 88°50'00" West along the South line of said Lot 18, 10.00 feet to the POINT OF BEGINNING. Containing 4,011 square feet or 0.092 acres more or less. PETITION TO VACATE LOT 18&LOT 19 TWIN CIRCLE COMMERIAL PETITION TO VACATE 10' UTILITY EASEMENT LOCATED IN CENTER 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 10'UTILITY EASEMENT LOT 18&LOT 19,TW N CIRCLE CUMMEK411AL of Van Buren, herein sought to be abandoned and vacated, lying in CENTER PHASE I h' Crawford County,Arkansas,a municipal corporation,petition to vacate 10'UTILITY EASEMENT which is described as follows: "SEE EXHIBIT A" That the abutting real estate affected by said abandonment of the 10'UTILITY EASEMENT are LOT 18&LOT 19,TWIN CIRCLE COMMERCIAL PARK,PHASE I ,and that the public interest and $PT OF NW/4 SE/4 S30 TO9N R31w welfare would not be adversely affected by the abandonment of the above-described 10 UTILITY 10'UTILITY FASFMFNT ,and that the 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 25th day of February , 2022 SAMUEL SMITH Printed Name Signature II in H O F F MAN CRAWFORD COUNTY,ARKANSAS ASSOCIATES INC Surveying&Engineering 1031 Fayetteville Road • Suite 202 Van Buren,AR 72956 Office:479-474-7916 handa-inc.com "EXHIBIT A"' METES AND BOUNDS DESCRIPTION 10-FOOT WIDE UTILITY EASEMENT TO BE VACATED A 10-Foot Wide utility easement, being part of Lot 18 and Lot 19,Twin Circle Commercial Center, Phase I, an addition to the City of Van Buren, Crawford County, Arkansas more particularly described as follows: BEGINNING at a found rebar at the Southwest corner of said Lot 18, THENCE North 01°29'00" East, 398.40 feet along the West line of said Lot 18 and Lot 19 to the Northwest corner of said Lot 19 and the beginning of a non-tangent curve concave Northwesterly having a radius of 1035.00 feet; THENCE Northeasterly 11.44 feet along the North line of said Lot 19 and along said curve through a central angle of 00°37'59" and a chord bearing and distance of North 62°27'39" East 11.44 feet;THENCE South 01°29'00" West, 403.34 feet to the South line of said Lot 18; THENCE North 88'50'00" West along the South line of said Lot 18, 10.00 feet to the POINT OF BEGINNING. Containing 4,011 square feet or 0.092 acres more or less. �N1\ gWIIIlll///,, �wpnlnnrui4r�� SSI0 /i o`` ATE ',. 4�°° ° //STATE OFF °. 4Q�.•'• .''4Gj No.I ► = Hoffman & 'c __ - - = . Associates, Inc. c SIGN TIP 6 = _ • //�'Milli ti������\\\02-25 2022�,,,44, •S—ENG:,k. `` IIIINt -rruuimitio�` NO. REVISIONS DATE BY SIMMONS FOODS, INC. JOB NO.: 60521 DATE: 02-25-2022 VACATING UTILITY EASEMENT JOB TYPE: PLAT _—. _ Part of Lot 18 and Lot 19 Twin Circle Commercial Center,Phase I SCALE: 1"=80' -- an Addition to the City of Van Buren, Crawford County, DRAWN BY: S.SMITH Arkansas SHEET NO.: 2 OF 2 ELIACADMIWONSWAN BUREW e521 MINOR SUB-VACATE EASEMNf!VACATE ERSEMF T.dwp '. `` ''''' H O F F MAN CRAWFORD COUNTY, ARKANSAS ASSOCIATES INC r —.-3 Surveying&Engineering Qe�� 1031 Fayetteville Road •Suite 202 �� �- ��o` Van Buren,AR 72956 R� Office.479-474-7916 1 handa•inc.com Simmons Foods Inc. 60 Pf of NW/4 SE/4 S30 TO9N R31 W .... 1 \3/caD i / / `�,. 25' 25' m LEGEND 2580�am9�"j p • FOUND REBAR / 1 z ' I 1--• r— I •25' w I 7a vI Simmons Foods,Inc. I =11 °D Lot 19 N Simmons Foods Inc. r'I Twin Circle Commercial I o Center Phase I Pt of NW/4 SE/4 in80 0 80 S30 TO9N R31W I I I EASEMENT TO BE VACATED Part of Lot 18 and Lot 19 I 1 GRAPHIC SCALE IN FEET Twin Circle Commercial Center Phase I Basis of Bearing I (Area:4,011 Sq.Ft.or 0.092 Acres) Record Plat Twin Circle Commercial Center, . I Phase,,.Van Buren,- -- . -.. ---.. -- - -- Crawford • County, —' 1 200.00' Arkansas 10• 5'xl0'Fire Hydrant 1 Easement 10'Utility Easement I c 0111111111/u `p`„n u u u ur,,,,,,i c �gSSIO�,q ///i� ��`..�`� \GATE OF'4 25' 25' �� ° 1 , \F , I m 4 o STATE OFF°' ;47- . 6 N No.I ° Hoffman & y' oI I o lir = Associates, Inc. _ "1 Simmons Foods,Inc. I N SIGN TU' — I Lot18 Twin Circle Commercial 411 �f1 ° .• 9: #197 ::�Z. Center Phase I I ////7///I111111Ntt����\\\\`D2-252022����'/'gSASmrEN``°�`V`��` I I 200.00' i — L3 _ 10'Utility Easement LINE BEARING DISTANCE POINT I S0129004033 IL2 ° ' "w 4' BEGINNING lorageL L3 N 88'50'00"W 10.00' Twin Circle Commercial Center I CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH Phase I C1 11.44' 1035.00 00.37'59" N 62'27'39"E 11.44' NO. REVISIONS DATE BY SIMMONS FOODS, INC. JOB NO.: 60521 DATE: 02-25-2022 VACATING UTILITY EASEMENT JOB TYPE: PLAT Part of Lot 18 and Lot 19 Twin Cirde Commercial Center,Phase I SCALE: 1"=80' an Addition to the City of Van Buren, Crawford County, DRAWN BY: S.SMITH Arkansas SHEET NO.: 1 OF 2 Dd00.5AMUELIACAOISIdMONSIVAN BURENI60521 MINOR SUB-VACATE EASEMNTVACATE EASEMENTFLAT.dwQ