RES NO 06-02-2022 CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 4014.off--2022
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT FOR
THE FUTURE PHASES OF LEGACY CREEK SUBDIVISION
WHEREAS, a permanent public utility easement is necessary to allow the extension of public
utilities between Legacy Creek Phase I and Phase II; and
WHEREAS, the public utility easement will be incorporated within Legacy Creek Phase III
when it is constructed; and
WHEREAS, the city believes it to be in the best interest of the City of Van Buren to execute this
public drainage easement.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The City Council hereby accepts the public utility easement as shown and described
in the attached Exhibit"A".
SECTION 2: The Mayor is authorized to execute the public easement document and the City
Clerk is directed and authorized to file the fully executed easement document with
the Crawford County Circuit Clerk.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass,approve, and adopt,by a vote of 6 for and D against,the foregoing Resolution at its
regular meeting held on the 271h day of June 2022.
Jo .Hurst
Mayor
ATTESTED: APPROVED AS TO FORM:
Phyllis Thomas Jacob Howell
City Clerk/Treasurer City Attorney
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UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That Franklin Construction Inc. , 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 and maintenance of public
utility lines together with all appurtenances thereto,together with the right to remove trees,brush,
undergrowth or other obstructions interfering with construction,operation and maintenance of said
utility lines, over, across, under and upon the following described lands crossing a Part of the
Northwest Quarter(NW/4)of the Northwest Quarter(NW/4)Section 7,Township 9 North,Range
31 West, Crawford County,Arkansas,to wit;
A Twenty foot(20')wide Utility Easement crossing Part of the Northwest Quarter(NW/4)
of the Northwest Quarter(NW/4) Section 7,Township 9 North,Range 31 West, Crawford
County,Arkansas being more particularly described as follows:
Commencing at an existing rebar marking the Southwest corner of said NW/4 of the
NW/4 also being the Northwest corner of Legacy Valley Phase IV as filed for record;
thence S 86°50'00"E, 624.38 feet along the South line of said NW/4 of the NW/4,also
being the South line of Legacy Creek Phase I,to the Point of Beginning of said
Easement;thence N 03°02'19"E,20.00 feet along the East line of said Legacy Creek
Phase I;thence S 86°50'00"E,769.95 feet;thence N 14°06'52"E 165.53 to the proposed
Southerly right of way line of Hachya Drive;thence S 75°53'08"E, 15.00 feet along said
right of way;thence S 14°06'52"W, 183.00 feet to the South line of.said NW/4 of the
NW/4;thence N 86°50'00"W, 781.31 feet along said South line to the point of
beginning.
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Legacy Creek Phase II
Offsite South Line
Utility Easement
Page 1 of 2 ;
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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 12022.
GRANTOR(S):
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
Steve Franklin of Franklin Construction Inc., as the GRANTOR(S),for the consideration and
purposes therein mentioned and set forth on this day of
52022.
Notary Public
My Commission Expires
Legacy Creek Phase II
Offsite South Line
Utility Easement
Page 2 of 2
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BRIXEY ENGINEERING PROPOSED LEGACY CREEK
PART OF THE NW/4 OF THE NW/4
LAND SURVEYING,INC. PRGPRSSIONAL SECnOM 7 T-9—H,R-3t—W
COMMTMO EMGMMW — LAW SMVMRS GOMM CRAWOF03 COMM.AWMSAS
City
Municipal Annex
111 North 12'h Street e Van Buren, Arkansas 72956
VAN BUREN CITY COUNCIL MEMORANDUM
TO: MAYOR JOE HURST AND CITY COUNCIL
FROM: WALLY BAILEY,PLANNING DIRECTOR
SUBJECT: ACCEPTANCE OF A PUBLIC UTILITY EASEMENT
DATE: JUNE 17, 2022
The Legacy Creek subdivision will be constructed in three(3)phases. The Planning Commission
reviewed and approved the phasing plan of the subdivision.Phases I and II are the first to be
constructed. These two phases are not contiguous and because they are not contiguous this will
require the need for off-site public utility easements.
The public utility easement is necessary to allow'franchise utilities to connect their service to
both subdivisions. The public utility easement will eventually be located within Phase III which
completes the construction of Legacy Creek and the connection between Phase I and Phase II.
The map exhibit to the easement document shows the proposed utility easement between Phases
I and II and its location in the future Phase III.
The Planning Commission reviewed this request and recommended the City Council accept the
public utility easement.
Please contact me if you have any questions.
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