Ord. 04-2023 Abandonment Lot 17 Twin Circle Comm Center ICITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. Q - 2023
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARICANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO ABANDON A PORTION OF A UTILITY
EASEMENT ALONG LOT 17, TWIN CIRCLE COMMERCIAL CENTER
PHASE 1, INSIDE THE CITY OF VAN BUREN, CRAWFORD COUNTY,
MCANSAS.
WHEREAS, a petition has been filed with the City Council of Vur Buren,. Arkansas, by Van Buren
Cold Storage, LLC to abandon the utility easement aLong Lot 17, Twin Circle
Commercial Center Phase I, more particularly described as follows:
Description of Existine 15.00 Foot Utility Easement
The North 10.00' of Lot 17, Twin Circle Commercial Center Phase I (filed for record
August 7, 1979), Van Buren, Crawford County, Arkansas, containing 9,073 square feet or
0.21 acres more or less.
and
WHEREAS, after due notice as required by law, the Council has heard all persons deshing to be heard
on the question of abandoning the easement in the hereinabove subdivision, and has
ascertained that the easement hereinabove designated has therefore been dedicated to the
public use as a public easement; and that the owners of the property abutting the
easement to be abandoned have filed with the City Council, or have expressed their
consent to abandonment, and the public interest and welfare are not adversely affected by
abandoning said easement; and
WHEREAS, the City Council of Van Buren, acting under the authority of A.C.A. 14-199-103 and
A.C.A. 14-301-112, has the authority to abandon easements or segments thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARICANSAS, THAT:
SECTION 1: The City of Van Bmen, Arkansas, hereby releases, and abandons all its rights, together
with the rights of the public generally,. in and to the utility easement specifically
described above.
SECTION 2: A copy of this Ordinance bearing original signatures and duly certified by the City Clerk
shall be filed in the Miscellaneous 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 Ci against the foregoing Ordinance at its regular meeting
held on the 23rd day of January 2023.
ATTESTED:
6 21k Wn (Q
Sbawnna Reyno
City Clerk/Treasurer
Jose iP. urst
---
ayor
APPR TO FORM:
Jacob Howell'
City Attorney
T®: MAYOR roE xulzsI• AND c1TY couNclL
I+i2®1lJ: WALLY BAILEY, PLANNING DIRECTOR
SUBJEWT: PUBLIC UTILITY EASEMENT CLOSING / VAN BUREN COLD STORAGE,
LLC
DATE: JANUARY 13, 2023
Van Buren Cold Storage, LLC is proposing to abandon a public utility easement at 2103 Twin
Circle Drive. The public utility easement currently extends under their building. The only utility
in the easement is a service line from Arkansas Oklahoma Gas (AOG). All franchise utilities
have indicated they have no problem with the plan to abandon the easement. AOG will be
granted a-pioprietalyor private easement for their serviceliirc to the building. `
Arkansas Code Annotated (A.C,A.) 14 199-103 gives cities such as Vau Buren the power and
authority tp vacate public utility easements by following procedures found in A.C.A. 14-301-301
through 14-301-306. Van Buren Cold Storage, LLC has submitted a petition in accordance with
these requirements.
hi accordance with A.C.A. 14-301-302 the City Council passed Resolution 12-02-2022 for the
purpose of setting January 23rd, 2023, as the day for the public hearing of the petition.
Iri aocoidarice with the teiins of the Resolution and as law, the notice of the public
hearing has been published once a week for two consecutive weeks. The petition has also been
reviewed by the City Depaitmenfs and franchise utilities with no concerns from anyone.
The Ordinance on the Council's agenda is the next step in the process to abandon the public
utility easement. Following the Council's approval of the Ordinance the City clerk will file the
Ordinance with the Circuit Clerk of Crawford County.
Please contact me if you have any questions.
C€TY' Oe VAN PUREN, /MfUMSA`1
R MOL4JT1ON 140,
L9E I'1' 1iNACTED BY TI 1.G Cl"I')' CDUId( 'IJ, FDI:'I I M CITY OP VAN BlT1 Lhl, ;V�l{iAI�ISAS, rA
RESOLUTION TO BE IolvRITLED:
A Rl,S€}k CII70I 1 MTTfH A Pi a_ tC T)i;'AtZMG• uAJT € OIt tt I�III�OT�U147 1:
;i1UBLfCI ItTILI Y tgA Eh1EIIT +LLONG LOT 37 41 'Fkfl: t'W[H CIRCLE
C0AUtEW0A1 CEI'•ITER, MASh', f A16tiITtON, fTl€-ITD e'I-M CIT4' t,BVfITL OV
�7AII BLIZEN, C.`RAWFORD COUTdTV, MZXA1 SAS'.
�I1TiRL �,i, A/aII BUte❑ Cold Storage, L,1,C, 'epic, caAcd by Isabel Glenn, Aliorney, h rs petilii�u� d the Cil},
Conacil ol'Van Buren. Arkansas, to vacate and abandon the public ulilil} easemeuf don Lot 17
inside The Twin Circle Commercial Center, Phase I, more parlicnlnrly described as follows:
PROPOSED V.ACATED.AI�ID AIiAIJ�ONED EASi^.ZyQBN1' D1;SCRIP"UOh!
The North 10,00' of'Lot 17, Tvvill Circle Commercial Center Phase I (fileri for record August 7,
979) Van Bm'on, Crawfordl County, Arkansas, confaining 9,073 square fact or 0.21 ulcs more or
less; and
ldrl IEREAS, all the properly otvnecs and adjaoenf property owners being affected by this public utility casement
abandonment )rave consented by signed petition; and
WiiL'RI AS, fbe City Council of Van Btu'en, 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 casements or segments thereof.
NOW, THEREFORE, BE IT RESOLVED BY TITS CITY COUNCIL OF TBE CITY OF VAN
BURIN, ARIfANSAS, THAT:
SECTION l: A Public Ilearitig is set for January 23rd, 2023, at 5:30 P.M, in the Van Buren City Council Room, at
which tune said Petition shall be presented to the City Council and the City Council will deteruline
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 Cleric 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 5 for and 0 against, the foregoing Resolution at its regular meeting held on the 191" clay of
Deeember2022.
to U
Joseph ,1In rst
Mayor
ATTESTED: p .APP11O/VTDDAAS--TOY IM:
AL n (k/Yl
Phyl is Thomas Jileelr ow --
City ClerldTreasnrer City Attorney
uri xm a oar - , hx� atcs�
0 I I L I lice to r l I P.0 Bo 130
`,ilonui Slmnq�, AN 721G1 -
Drcember 5, 20??.
ivi r. Wally [iailc}'
City of Van Bump
A4unicipal Annex
11 orlh 12"1 Slrcci
Van Boron, Arl:nnsas 72956
iybatca)vanhurrencitvorc
aZ.t;; Consent 09' B:u+ement Vacation and )!,asement lssannoe.
Dem• Mr. Bailey,
The purpose of this letter is to certify that Simmons Foods, htc., an Arkansas corporation, as the
adjacent land owner to that certain land located at 2103 Twin Circle Drive, Van Buren, Arkansas (the
rind owed by Van Buren Cold Storage, LLC, [toes hereby consent to the vacation of the otilily
easement currently located on the Land within the area described on Exhibit A attached hereto end for the
issuance of the new, private utility easement on the Land within the area described on Ivxbibit B attached
hereto.
If you have any questions regarding this letter, please do not hesitate to contact me at [Cmailj.
Sincerely,
Andrew P. MoEachern
Vice President, General Counsel, and Asst. Seelclary
IIGG4829A.000I19537150
-� fT:'fi'P; fEe� i11iRS_A.l`I:>i1ii )
Ca3Uf1T QF iwvrrotl )
t'
On this .', day of➢ cml r_?07) b.l iarc me (hc uudcrs pr n0fl ivloi n}, Pit duly
qualied nmd Img, within uul Inr s lid County and Si tic, appe.oed ill p i oo the :villuti umlud /Andl0o P.
fie
i�dcL=achern (being (he. pmrsoll aulllorizccl by slid corporations to eseculc stick mslruoeut.s(ating hiscapacily
in Ihat hehnl1), to me personally wd Icnou-o (or satisfactorily lit ovoll to be such person), who sinlcd Thal he
rwas the Vice Prosidcnl, Gencisnl Counsel, nntl Ass(. Secrelai_i' al' Siuouons; floods, Luc., ao Arhanns
corporation, and teas duly itulhorized in his capacity to e,eccutc the foregoing list and in the
name and lie hallbf snid corporation, and I'll rdIids IBtate'd Imd ❑clulowledgcd Ill at he had so signed, csccak;d,
and delivered said foregoing instillment 1'ol'Ihe consideralion, uses and purposes dlercin Inenfioncdand set
brth.
NOTARY PUBLIC
My commission expires;
rr•.cnlaz9a.oau u9s371so
t�lslu n;t ��
IP.a::mncuF fu he V.u•nled
"'11c Hurlli 10,00' oI Lol 17, f wiu C'IIkAc Commercial CAll lm Phase (Tiled for record August 11 I979).
Vnn Sin'en_ C'rnv kild Col III Arlauisas, conofinino `),07.1 syuurc feel in 0.71 ocres snore ar Icss.
);xhlbit A
r• rcalsz��,000 l i�s�� 1 so
[�„ihihii 13
Rhc� E'aivat¢ _rgzisr,mrnl
Pohl of Lot 17,'1'wiII Circle ( nmmercial Center Phase I t C( 17I record flu,)usl 7, I979j, Von 13umn,
IIawkIId CotI fly, Arkansas, and he.ing more p,i 60111nrh' rlcSXI'ihed as follows:
Llcgirining a( the Northeast corner of said Lot[hcncealong, the Gast line oYsaid Lol S01"_`',ti'3U"bV
0.t10'; lhcl ice. parallel to and 10,00' Sotllll of' tIle North line of said Lot 7N)f1)G1I50` 01 W 130.00l; Ihenuc
S01 7 S0 W / 00'; Ihcncl 115 i0'00 w 31.00 , Ihence 1v10 - 1(1"I: 17 00' in Ih . I Inilh line nl said
Lo(, the n c along; ,tIid IN) OHII IIn(!'NM WO0"13 161 00' to Ili P ofd of 13t „inning;, cimlnuun i
feet or 0.09 acros more or Icss.
)shiUit B
reckl839�1, (11101 /9537150
tth,dI11,S'1' pd91t AI3•A1`d0isllvGN I Or PYJItI pC
t4j RIJC EASE NIENNT
APPLICA7101i:
Iit GALcon(-conu¢;I pennon tbr;tpplication: _____Appiicnili )< Iteprescut:uivc
:Ippliculu (ouvu'rl
N;unc; Van Bw'en Cold S(orage, LLC
Ac(dresti; 1 RlvedroN Place, Sulta 736
North Little Rack, Arkmtsas 72114
'1'elepltone Number:
vlc)
Ifo)ITeselll(r/i Pc /irAgDleer, ullurnr+l', rvuilur,
N;Imc; Isabel Clone, Attorney
/`tltit•035; 3350 S. Pinnacle Hills Plavy., Suite 301 -
Roflare, Arkinsas 72768
'I'clnphonc Nuntbcr; A7s-595-60AA
GNbtil; brad@naturalcapilalfinn.comMail, Ilhomarrtrldayfrm.com
Site Address/Location: 2103 Twin Circle Drive, Van Buren, Arkansas
Legal Description ol'area to be vacated (attach separate sheet if neces%
The North 10.0001 Lot 17, Twin Circle Commercial Cenlor Phase 1 (filed for record August
Van ouren, Crawford County, Arkansas, containing 9,073 square foot or 0421 acres more or toss.
Assessor's Parcel Number I'or Subject Property: 70o•o71 a7-oag-C
Reason fat' Request: Part of the easement
o„n,•aaasamant and willenter Into a prlva
Cun•eul Status of Right-oFWtty Development: NIA
an exisang building. We will vacalelabandon the
,p Arkansas Oklahoma Gas Corp.
does not encroach Into
APPLICANT/RTPRT;SI;NTATIVI;: Icertify under penally of perjury that the foregoing
statements anal answers hwein made, till data, information, and evidence herewith submitted
are in all respects, to the best of my knowledge and belief, true and correct. I uncterslaurd Thal
submittal of incorrect or false information is grounds for invalidation of application
Cotllplcterless, determination, or approval.
nndersfand drd. i1'it is determined following review o('the appliratinn by ril:y staff Yhal.
ongoing Wilily interests nmst. be protected Ilu'ough ea sommif. dedications, Ittie npplicad or
his/hri agtnt shall bi required I develop and Submit a filly erecotcd oaseu'Ienl, hlo action
will be talcen by the City Council on'm abandonmant icclocst ❑old 5 od easenx nt is on file
�sifh the cih/ staff and/or (i'anchisec;; have detern�iined that ❑o Wilily elisemant is necessary.
1 understand that t shall brer the expense o:fpublica.tion of the )oldie hearing notice given by
lie City.
JIml (prinnd) CI ulley'ihom� Helal'y ___ _ —
Signahiee
:Dote; _Ff appliontlon is sighed by arxlaoh'hrCo agent, all ovVilo s mlm( sign and anbmit
"A.,rothoriclafiora of Agent" foriu.
To Be Included yJith Application:
o Petition with sigrrahiresof 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 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 mrdpetition must'be fried with the PlanniugDeparhnent by theJirst
Tuesday of the month in order to be placed ort the City Council agenda• Tlie petition will
be placed on the agenda for the City Council to set a public hear•ingfor- 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 far recommendation
t0 the City Council.
the '" - �aseincnt (0CAIFLU V 2101TwlnCiicic lrlve L;;C(YYOP
iE'i'1'TtON'1'O1/ACA`IL — --
VAN BUREN, CIRAWi'ORD COtJNTY,ARICANSAS.
TO; Blau Buren Cily Counril
3Je, the undersigned, being all of the ovmers of dlf; rent abulling the
I I to be abrodonrd sort vacated, lying in 2'103 1 riawin C ircle Drive
oasement
City nl'Van Goren,
u•i em .,onl, t .
Crawl''ord County, Al Icansas, a municipal cotporntiou, petition to vacate the eaeernent
which is desr..ribcd as follows: li
Ve) I niron i C a alNorth wf r COutItyWAd(0'nslas 0 nia ili g 9,073 square feelf iar 02'I acrosln ni 3 or Inas.,rl)
That the abutting real estate affented by said abandonment of the easomont are
2101 Twln Clrclo Drive, Van Buren, Crawford County, Arkansas , and that the public interest and
welfare would not be adversely affected by the abandonment of the abovaAescribed
easement and that the easement has not been used by the public
fm' a period of at lenst five (5) years.
The petitioners request that the City of Van Duren, 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 rent estate be used for the respective benefit and
purpose as now approved by taw.
Tire petitioners further request that the above•desoribed real estate be vested is the abutting property
owners as provided by law.
WHEREAS, the undersigned petitioners respectfully request that the governing body of the City of Van
Boren, 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 oecs,2o22dayoFDec8,2022 ,DecD,2022
Bradley Thomas Henry
Printed Name
Signature
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