Loading...
Stevensons Addition Blk 1 ORD NO 33-2022l CITY OF VAN BUREN,ARKANSAS ORDINANCE NO.a-2022 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO ABANDON A PUBLIC STREET RIGHT OF WAY IN THE STEVENSONS ADDITION, INSIDE THE CITY OF VAN BUREN,CRAWFORD COUNTY,ARKANSAS. WHEREAS, a petition has been filed with the City Council of Van Buren,Arkansas, on the 1 lth day of August,2022 by Cox Investment Properties asking the City of Van Buren to vacate and abandon all that portion of a public street right of way lying East of Lots 1 through 9 of Block 1 of Stevenson Addition to the City of Van Buren,Arkansas. WHEREAS, after due notice as required by law,the Council has heard all persons desiring to be heard on the question of abandoning the alleyway in the hereinabove subdivision, and has ascertained that the public alleyway hereinabove designated has therefore been dedicated to the public use as a public alleyway and that the same has not been used for a period of more than five(5)years preceding this date;and that the owners of the property abutting the public alleyway to be abandoned have filed with the City Council or have expressed their consent to such abandonment and the public interest and welfare are not adversely affected by abandonment of said public alleyway; 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 abandon public alleyways 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, vacates, and abandons all its rights, together with the rights of the public generally, in and to the public street right of way specifically designated 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 Stevenson 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 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. SECTION 2: A copy of this Ordinance bearing original signatures and duly certified by the City Clerk shall be filed in the Records of the Circuit Clerk of Crawford County, Arkansas. 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 26th day of September 2022. L1M-- sep P. Hurst MI!n09 ATTESTED: APPROVE O FORM: Phyllis Thomas aco ell City Clerk/Treasurer City Attorney r Ity fArkmsas Murik'RP aliA=ex, 111 North 12"' Street o Vag. Buren, Arkansas 72956 VAN BUREN CITY COUNCIL MEMORANDUM TO: MAYOR JOE HURST AND CITY COUNCIL FROM: WALLY BAILEY,PLANNING DIRECTOR SUBJECT: PUBLIC STREET RIGHT OF WAY ABANDONMENT—STEVENSONS ADDITION DATE: SEPTEMBER 22, 2022 We are in receipt of a petition to close a portion of an undeveloped public street right of way east of Lots 1 through 9 of Block 1 of Stevenson Addition.'The petition.is from Cox Investment Properties. The purpose of the Petition is to combine this undeveloped street right of way-with Lots Y through 9 to facilitate a multi-family development. A copy of the development plan is attached. The Van Buren City Council approved Resolution No. 08-01-2022 which set the.public hearing for September 26,2022. The Plamzing Commission reviewed the application at their meeting on September 6, 2022.A copy of the draft Planning Commission minutes are attached for your review.No one spoke in opposition to the request. The Planning Commission saw no issues with the request to,close the undeveloped street right of way and voted unanimously to refer the application to the City Council. A copy of the application,petition and other information is included for your review. Utility companies were also notified of this request.No concerns from Utility companies were noted. I have included copies of the application,reaps, and the development plan for the property. F Please contact me if you have any questions. S i A list of streets where parkin.gneeds to be prohibited was created by the staff of the Fire Department, Police Department, and Street Department. These streets are locations that have been identified as problems for motorist-to get through and as problems for emergency.responders to pass through in an emergency. Fire Chief Tim Arnold spoke to the commission explaining the issues and the need to keep the street clear for their fire equipment'vehicles and ambulances. Charlotte Mizell, 2316 Peal Citcic,addressed the commission with concerns about losing the ability to park on the cul-de-sac of Pearl Circle. She stated that her driveway is shorter than most,her'garage is too full to pant cars inside of,and that they have nowhere else to park their third vehicle other than on the street. Rer dileintna was discussed;but it was decided that the need to enforce the same rules for everyone and to ensure emergency vehicles can reach their destination in an emergency is the priority. 6. Street Abandonment Request—North 22"`t Street; East Of Lots 1-9 Block 1 Stevenson's,Addition—Satterfield Land Surveyors. A.motion to recommend abandoiunent to City Council Nvas made by Vice-Chaitinan Philip Bagby.and seconded by Commissioner Jay White. The motion was approved unanimously. Planning Director Wally Bailey spoke to the commission stating that the 40'platted street has never been developed and has no utilities within it. The abandonment is being requested so that the owner, Cox Investment Properties, can replat the lots and tl-ne abandoned street area into. one lot`with the intent to build duplexes. Ricky Hill. of Satterfield Land Surveyors noted that the-abutting property owner is the Van Buren School District:'T'he school agreed_,6 the abandonment.with the condition that a privacy fence is built along the ptoperty-line and that-.as many trees as possible are saved to preserve the natural barrier between the-two propej;ties. Vic&',Chairman'Philip Bagby asked if the abutting property owner,(Van Buren School District)will deed thei :-p6ttion of the abandonment over as required by law. It1Ir..Hill,said:yes,they earn,get a deeq&ibr the abandoned street property from the school. 7. Old/New Business. 8..4djburif A inotion to'Adjourn was made by Commissioner Jay White and seconded by Vice-Chafiman Philip Bagby. Th6rnaotiorn was approved unanimously. Andy Dibble, Chairman Wally Bailey,Planning Director Q 2 of 2 s A. A-, '11 r el 1003 Broadway Van Buren, Arkansas 72956 REQUEST FOR ABANDONMENT OPPC1BLIC RI+GI'T-OF-WAS';ALLEY,OR PU7BUC EASEMENT Y APPLICATION: Indicate one contact person for application: Applicant _Representative Applicant(owner) (f/luj/6 x Representative(engineer, attorney, realtar, etc) Name:eox Name:,•-f,cl c u,,euars Address:4'01 11-.mle, ,k 5f Address:_AZ Y Wuw '71 AJ A-L,-en A-2 7.29.5& 41,", A2 72 21 Telephone Number: Telephone Number: t/79-/a.ga-3Sr S uT/rr E-Mail: COX E-Mail: J r; f f Site Address/Location: rli5o n Legal Description of area to be vacated(attach separate sheet if necessary): Assessor's Parcel Number for Subject Property: -700- blv?Jb --000 Reason for Request: f 616-se- alkkt b i 4 Lw 441, le a,--A Current Status of Right-of-Way Development: A.PPLICANTMPRESENTATIVE: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. AUTHORIZATION OF AGENT If an agent is acting on behalf ofthe 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 ofreal property,and request' an abandonment of public right-of- way,alley,or public easement by application do hereby authorize sk-4 to act as our agent.in the matter. Print Name:of'Agent) Type or clearly print) NAME&ADDRESS OF ALL OWNERS. SIGNAT F ALL OWNERS. C`,W 6 2. 3. 4. i 1 i i 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)1p Signature: L Date: 1'! NJ Note: I 0.z Note: If application is signed by authorized agent,all owners must sign and submit i°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 o A plat showing the area to be vacated o Proof of notice to the utility companies or written approval of closing from the utility companies o A statement that there has been no use of the public right-of-way,alley,or public easement for five(S)years or more. The application andpetition 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. yy Sato 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 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 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 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. 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. Dated this day of a,6 2022. t igna Investment Properties, Owner Printed Name 5ure Buren School District Printed Name-Authori` I I t OFFICE OFTHE SupmuNTENOENC 2n1PomTRAm FAsr August 10,2022 VAN BUREN,AR 4mm rn9s6 479.474_7942 PHONE 479.471.3I54 FAX wwwvssn.Us To Whom It May Concern: The Van Buren School District,regarding the matter of the attached Petition to Vacate Plat-A-2.4C or L188700001),would like to recommend the following: O That the Owner of Cox Investment Properties construct or have constructed a Uprivacy fence where the property line adjoins Van Buren School District property. o 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. These requests have been verbally agreed upon by Chad Cox and supported by the Van Buren School District Board of Education. Sincerely, r.Harold Jeffcoat Superintendent z z 1 I{ 1 z 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. r4 I I I I 1 I I I O 1 O I 1 I I I 1 1 I 1 I 1 1 I I 1 I I 1 1 I I I I i 1 I I 1 n ro 1 I I I I I I a I n 1 n II n n I n i 1 Y 1 O 1 O 1 O 1 O I 1 1 N 1 1 I I I Q m 1 1 d NOTOPEN) PROPOSED TO BE CLOSE. 0) VAV 5i..:; t., r'/ 2i r^ pv. 0 6.,.._ tti' 7 ' fvi a C- I SURWYOW DIMAIUM AND srATF. AIENT OF U CRAMORD COUNTY, AWN545 o". 5rr/ rarsNr lr/ r. P EniB1TP1ArOP m• , e• o cwvloc scAl£ m• m• o s Si S Rrx rux This surrey was conducted by the Iviilfen or verbal authorization ao v s: SXTHACC m. zz at the person named as the buyer and/ or Use by as shown on 5U DU, VDIAI- PROPE1? 7 1VEf7. 5 AROU; JD rr. 97E0 9G' R ROr D O ua - aoJ-- this plot. No one has the oulhorily to use the data ar Ia 3jWf7?/ G, 1, GF V'/ AY TO© E ADAA10CNfF1/ 1•*/ 5TE% EN501115 n% WrRlml£ NLrs W. R' G 14OV'' desanplien from this survey except those named or/ heir agents 11 r0; L c CFA k ensraevrxxa ADD1TIOl r C1; 70F 1/ AA BUREM, ARMAOA5 ucxs" nalxreBAeAn os: nr and the survey is only cerlired to the dote shown on This plot. f FOR USEBY• EMPIRE CON57RUC770N, INC. ca - rzrnve Nu This plot is projected by eop} r! ghl and any person other then ass, uc wlvmwruawwrT those named using or relying upen this plot Will be held Arxv er. D. E. R. ( 4' may,•' '' A^ q. ms sr aN° wltxr respans& le. SotterTeld Land Surveyors, P. A. 01 not be sr. AtE• 1"= 30' o! I a. r. v d 4 fl i iiMlr ro,•' o DAssare£ ARac c, wc• n. u.. wn: responsible or hove anylioblity to any other person or company f REG. ARK.& OMA y I ARXANSAS STAI£ FLAN£ L1OMMYAI£ 5• rJrm NORM ISBS NSItl= O I' he uses this plot without Written authorization. After Mfng With DA IC T 11 22 I528 H1rY. 27 Na4nl• ALMA• ARK- FHaw va( 4rY) 6J2- J565 r ' stole this o( rce, survey becomes public record. Os NR 47, 216EX FAX( 422) 612- 5002- 30- 17 L nifp:// rmas/ surw n an r 9• r. 3 FM_4_13-7-7-30-91 za LOT to CV_ j p N! LOT t7 if if If ra LOT X—)!!gH I If---------------- LOT 15 7010' 2Z3, rn P!ry273'LOT 14 16 k PIS N Q 1.4 a k U)j R_- IRUI I P T,-AUZi----------- LOT/3 AK MCCK 0 CA M.0 z Ill 2 27 3' of 00.---------------- s'27s, 7`12 L/ 21110 E "i U 1i lb:f Lill 27. QL.4 g; R-------------- VS 'k zz —Z its, YG" 273' 2 73L I torto Q W87, '25'W"65'cc' C.0. BLCCK 2 if" 2; yv' this plot is copyright material and is provided solely for the use of the SURVEYOR'S NOTE., All building, surface and subsurface, improvements an and adjacent toperson(s)named on this plot and may not be used or distributed to any the site are 711otherperson(s)or company for their benefit. No license has been created, and, Wilily service-lines laothetannotn*cessor"Y shown. expressed or implied to copy the survey without the written consent of and/or existence.1 of h Softer&1d Land Surveyors, P.A.. No one including the person(s)named may property surveyed are unknown and are n reproduce this shown. Surveyor has made no investigation or plot. Only authentic copies that appear with the surveyor's ludependeal search for easements of record, seat In red may be used. Any copies used without this red Sao/are considered un oath orized copies and ore considered o capwight IntrIngement. encumbrances, restrictive covenants, ovincrsht) life evidence, or any other facts which onjAfterfilingwithStateSurveyor's office,survey becomes public record.accurate and current title search may disclose. QJ," . R; 1 R- 1 R: 1 R- 1 R- 1 R; 1 R•. R- 1 R; 1 R- 1 R- 1 R: 1 R- 1 R: 1 R- 1 R• 1° a1° - R 1 ' R- 1 R- 1 ' R- 1 R- 1 _ R- i R- 1. aa t; ;;,. '.• r r, ,; , , , ,._, i wa ODRO W 5 T WC ODRfJW S3 R- 1 7 "" R- 1 R- 1 . h R- 1:, i,"' " R= 1 R- 1 R-!. R- 1 R- 1 R= 1 L R-, f, R. 1 Kw; Rr. . , s ,: h_ SAT M1 aF I- fARRlSt hi 51' _.. I ARRf5C11V 5T fij r. a T 4 Rw 1L 5 R- 1 R Rl R- 1 R; 1 R: 1 R: 1 R: 1 tr1 JER. 1 w_