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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. a se h P. urst or r 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 u �7. SATE APPLICAnom CITY CLEAWS OFFICE V - ,,� fM KAEN.AR 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� „ f +�.o� , 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. y i 1 I 1 I 1 1 I I I I I hZ6 (NOrOPPN) ----------------- 1 ------------------ r• r 1 , 1 , , 1 , 9) 1 VI N I I l { { Cox/*V,f Ti E,V",7-PROrfX;T/��s, LLL: ----------------- u I I I I I �g (NOTOPEN) (PROPMED TO Be CIWLV) ------------------ VA11/ 0157-R/C7 �dP o sRR ,fir�•piw e/ SURbEY(IRs D)samu£R AND srA7EUENr or USE CRAMORO COUNTY, ARKAN5A5 - w ar• rs' a arAMCWUE' ,n• w' o srrxR. AT"A I This survey was conducted by the written or verbal authorization mlBN•PLATOP a SRRS- rrrx.MW~ )fir and/or Use by as shown on SURROUNDING PROPERTYOM95 AROUND FLA7M9 40' EED RET[AENCr D a SH sir xa o/the person named as the bu .rAa - rxswmAv... this plot. No one has the authority to use the data or legal 5Ti URIGHTOFWAYT06EADANOONMIN5TMMOOM9 su71e'rNETEntN= "CP�tR tr=='x1pvM description from this survey except those nomad or their agents ADDITION TO THECITYOF VANBUREN,ARMAOA5 R CARS. rRamvxascupv and the surrey is only certified to the date shown on (his plot MR USP BY-PAfP/RPCON5JRUL770N,INC.•cR r, Aft This plot is protected by cop)ni rht and any person other than •:m1 mKvm"r"a'$Awr those named using or relying upon this plot wN be held 3 „ N ■-rvswmsw re onsrbla Satterfield Land Surve s P.A. will not be FA O.E.R.♦.rxsw,c surrrrow.aNr sP J+X• / J0' ay.6vi. K .d :�nnm O/VMAaar responsible or hove any liobgily to any other person or companyHeG ANK.t anA.LWSAW nW who uses this plot without written authorization. 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I h 11 QIN �u �' I �o4%-b q fH r s' 27.3' IIN 25'L9U1LD1NGBE1BgCK 27..3' LOT to I_� �wq`g9i39998„h � m u� q'Jyy 9$glpE IN N FI �quyy��y��.44ky, t73 I N hl NN MNti 4�}V 4� I N B a00D0000o O®d®I`$V B°//25'W/65.00' s.R B. N 4I34B2.24 E6l657268 GO, F.lf� LOT 16 BLOCK 2 LOT/ 2 Q! y.,o':.v•�•e•'-.�.�3i,'.f-�'�,.�ir�r✓•Jr�,f:,p n•v 'l'�.r'YEsJ � 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.