RES NO 08-01-2022 CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.U& - DI -2022
i
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BURR ARKANSAS,
A RESOLUTION TO BE ENTITLED: J
A RESOLUTION SETTING A PUBLIC HEARING DATE FOR
ABANDONING A PUBLIC STREET RIGHT OF WAY IN THE
STEVENSONS ADDITION INSIDE THE CITY OF VAN BUREN,
CRAWFORD COUNTY,ARKANSAS.
WHEREAS, Cox Investment Properties, represented by Satterfield Land Surveyors,has petitioned the
City Council of Van Buren,Arkansas,to vacate and abandon the public street right of way
along Lots 1 through 9, Block 1, Stevenson Addition more particularly described as
follows:
Description of Existing Street Right of Way
Part of the 40.00-foot Road Right of Way East of Lots 1 through 9 of Block 1 of
Stevensons Addition to the City of Van Buren, Crawford County,Arkansas being
more particularly described as follows:
Beginning at a point marking the Southeast Corner of Lot 9, Block 1 of said
Stevenson Addition. Thence along the East line of Lots 9 through 1, Block 1 of
said Stevenson Addition, North 01 degrees 48 minutes 35 seconds East, 297.00
feet to a point marking the Northeast Corner of Lot 1,Block 1 of said Stevensons
Addition.Thence South 88 degrees 11 minutes 25 seconds East,40.00 feet to a set
rebar with cap. Thence South 01 degrees 48 minutes 35 seconds West,297.00 feet
to a set rebar with cap. Thence North 88 degrees 11 minutes 25 seconds West,
40.00 feet to the Point of Beginning, containing 0.27 acres.
WHEREAS, all the property owners and adjacent property owners being affected by this street right of
way abandonment have consented by signed petition;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 street rights of way 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 September 26,2022,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 street right of way 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 City Council
will hear said Petition.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
approve, and adept,by a vote of 4 for and v against,the foregoing Resolution at its regular meeting
held on the 22nd day of August 2022.
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ATTESTED: APPROVED S TO FORM:
Ph li Thomas J cob Ho
City Clerk/Treasurer
t po a f I-)aw t t Lj�i t- a i t,-5- a,.
1003 Broadway * Van Buren, Arkansas 72956
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APPLICAnom CITY CLEAWS OFFICE
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Indicate one contact person for application: Applicant L epresentative
Applicant(owner) if&l Representative(engineer, attorney, realtor, etc)
Name:&X Name: : ar a�srs
C/
Address: ewlae-k -':w4 Address: 82 F 11444 7/AJ
Rxre.g A-2 72-26-& ck(?- 7.29.21
Telephone Number: 417J-,57r1-5-1o,5"7 Telephone Number:
a7M-7 6 k�7 >/
E-Mail: coxE-Mail: r-
OF C/
Site Address/Location: Swe4
Legal Description of area to be vacated(attach separate sheet if necessary):
Assessor's Parcel Number for Subject Property: -700- 06:75/6 -00o
Reason for Request: I; b"i 41 Aw.
gre-,, U
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. I
Name: (printed)
Signature: Date: D z
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.
i
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 -5A&-*e, to act as our
agent in the matter. (Print Name of Agent)
(Type or clearly print)
NAME&ADDRESS OF ALL OWNERS. SIGN A F ALL OWNERS.
1. l IW Cy.
L-fo1 �ac�— Sl-
2.
3.
4.
Petition to Vacate
PETITION TO VACATE A 40' PLATTED STREET LOCATED IN SETEVENSONS
ADDITION (FIGURE 3 OF PLAT-A-24C or L188700001), 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 platted
street herein sought to be abandoned and vacated, lying East of Lots 1-9, Stevenson's
Addition to the city of Van Buren also known as parcel#700-06746-000, Crawford
County,Arkansas,petition to vacate a 40' platted street which is described as follows:
Part of the 40.00 foot Road Right of Way East of Lots I through 9 of Block 1 of
Stevenson Addition to the City of Van Buren, Crawford County,Arkansas being more
particularly described as follows:
Beginning at a point marking the Southeast Comer of Lot 9,Block 1 of said Stevenson
Addition. Thence along the East line of Lots 9 through 1,Block 1 of said Stevensons
Addition,North 01 degrees 48 minutes 35 seconds East,297.00 feet to a point marking
the Northeast Comer of Lot 1,Block 1 of said Stevenson Addition. Thence South 88
degrees 11 minutes 25 seconds East,40.00 feet to a set rebar with cap. Thence South 01
degrees 48 minutes 35 seconds West,297.00 feet to a set rebar with cap. Thence North
88 degrees 11 minutes 25 seconds West,40.00 feet to the Point of Beginning, containing
0.27 acres.
The public interest and welfare would not be adversely affected by the
abandonment of the above described 40' Platted Street as the public has not used the 40'
Platted Street for a period of at least five years.
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 owner as provided by law.
Aay of tom2022.nvestment Properties, Owner Printed Nameuren School District Printed Name-Authori�
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OFFICE OF THE SuPERDuENDENT
2221Pom=TRAmEAsr August 10,2022
VAN BmEN,AmI:ANsm 72956
479.474.7942 PHONE
479.471.3154 FAX
wW.VBSD.US To Whom It May Concern:
The Van Buren School District, regarding the matter of the attached Petition to Vacate
r (Plat-A-24C or L188700001),would like to recommend the following:
r • That the Owner of Cox Investment Properties construct or have constructed a
V privacy fence where the property line adjoins Van Buren School District
F---j property.
• That the existing tree line between the property owned by Cox Investment
Properties and the Van Buren School District be left undisturbed as an
additional natural barrier between the two properties.
F--� These requests have been verbally agreed upon by Chad Cox and supported by the Van
Buren School District Board of Education.
Sincerely,
O
ODr. Harold Jeffcoat
U.
Superintendent
U .
V1
,
EQUAL OPPORTUNITY EMPLOYER
ROAD CLOSURE PROPERTY DESCRIPTION
Part of the 40.00 foot Road Right of Way East of Lots 1 through 9 of Block 1 of
Stevensons Addition to the City of Van Buren, Crawford County, Arkansas being
more particularly described as follows:
Beginning at a point marking the Southeast Corner of Lot 9, Block 1 of said
Stevensons Addition. Thence along the East line of Lots 9 through 1, Block 1 of
said Stevensons Addition, North 01 degrees 48 minutes 35 seconds East, 297.00
feet to a point marking the Northeast Corner of Lot 1, Block 1 of said
Stevensons Addition. Thence South 88 degrees 11 minutes 25 seconds East, 40.00
feet to a set rebar with cap. Thence South 01 degrees 48 minutes 35 seconds
West, 297.00 feet to a set rebar with cap. Thence North 88 degrees 11 minutes
25 seconds West, 40.00 feet to the Point of Beginning, containing 0.27 acres.
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This plat is copyright material and is provided solely for the use of the SURVEYOR'S NOTE: All building, surface and L'
person(s)named on this plat and moy not be used or distributed to any subsurface, improvements on and adjacent to
the site are not necessarily shown. The location
other sed or implied
li company for survey
benefit. t t license has been created, and/or existence of utility service fines to the `a expressed or implied to copy the survey without the written consent of }'
property surveyed are unknown and ore not P
reproduce
Land Surveyors, P.A., is one Including the person(s)the named, may shown. Surveyor has made no investigation or q reproduce this plot. Only authentic copies that appear with the surveyor's independent search for easements of record, e m seal in red may be used. Any copies used without this red seal are lY ¢
considered unauthorized copies and are considered a co i ht infringement encumbrances, restrictive covenants, ownership R $
Py'r9 9 title evidence, or any other facts which an "
After filing with State Surveyors office, surve becomes public record. ¢
Y P accurate and current title search may disclose.
City o Van Buren, Arkansas
Municipal Annex
111 North 12"1 Street • Van Buren, Arkansas 72956
VAN BUREN CITY COUNCIL MEMORANDUM
TO: MAYOR JOE HURST AND CITY COUNCIL
FROM: WALLY BAILEY,PLANNING DIRECTOR
SUBJECT: STREET RIGHT OF WAY ABANDONMENT/STEVENSONS ADDITION
DATE: AUGUST 16, 2022
Cox Investment Properties through its agent Satterfield Land Surveyors has submitted a petition
to the City requesting the abandonment of an undeveloped existing public street right of way
located in the Stevensons Addition. A copy of the petition is enclosed. The purpose of the
abandonment request is to facilitate the development of a multi-family development as shown in
the enclosed packet of information.
Arkansas Code Annotated (A.C.A.) 14-199-103 gives cities such as Van Buren the power and
authority to vacate public street rights of way by following procedures found in A.C.A. 14-301-
3 01 through 14-301-3 06.
In accordance with A.C.A. 14-301-302,the City Council is required to fix a day for the hearing
of the petition and the city clerk must give notice of the meeting by publication once a week for
two consecutive weeks in a newspaper having a general circulation in the city. The proposed
Resolution includes the required information required by A.C.A. 14-301-302. The public hearing
is proposed for the next City Council meeting which is scheduled for September 26, 2022.
We will seek approvals or comments from all the utility companies, city departments and the
Planning Commission before the September 26th public hearing.
Please contact me if you have any questions.