HomeMy WebLinkAboutOrdinance 6761 itil III III111111111111111IIIII IIIII111U IIIII1111111111 UIII IIII III
Doc ID: 021678880005 Type: REL
Kind: ORDINANCE
Recorded: 07/22/2024 at 02:07:04 PM
AYE;, Fee Amt: $35.00 Pape 1 of 5
'E�`. Washington County, AR
Kyle Sylvester Circuit Clerk
File2024-00018336
113 West Mountain Street
Fayetteville,AR 72701
(479) 575-8323
Ordinance: 6761
File Number: 2024-156
VACATION-2024-0010: (3334 N. MANA CT./HALF MOON ORAL SURGERY,212):
AN ORDINANCE TO APPROVE VAC-24-10 FOR PROPERTY LOCATED AT 3334 NORTH MANA COURT IN
WARD 3 TO VACATE A 0.03 ACRE PORTION OF GENERAL UTILITY EASEMENT
WHEREAS,the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof
which are not required for corporate purposes;and
WHEREAS, the City Council has determined that the following described portion of general utility easement is not
required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of general utility
easement as described in Exhibit B attached to the Planning Department's memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the
Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk.
Section 3: This vacation approval is subject to the following conditions:
I. Any damage to relocation of any existing facilities will be at the applicant's expense;
2. New easements must be granted to SWEPCO/AEP for future service;and
3. Adjustment of sewer facilities must be designed and constructed by the applicant and accepted and approved
by the city prior to this vacation becoming final.
PASSED and APPROVED on June 18,2024
Page 1
Ordinance: 6761
File Number: 2024-156
Approved:
Attest:
T REgsi���
-�'� FAYE�FVILLL
ara Paxton, City Gerk Treasurer ���I . �Q`3 •_
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ �`) 2"�
Page 2
VAC-2024-0010
Close Up View
Freeway/Expressway
Unclassified
Residential Link
3334 N. MANA CT
MILLSP
i c-z
-----------------------------------
i
R-A
-n F_
P-1
Proposed Vacation
Planning Area I Feet
R-O
VAC-2024-0010
Exhibit 'A'
Parcel Boundary
LONGVIEW ST
Fayetteville City Limits I 0 75 150 300 450 600
Design Overlay District 1:2,400
'J&
NORTH
Residential -Agricultural
Residential -Office
C-2
r P-1
VAC-2024-0010
EXHIBIT'B'
PROPERTY DESCRIPTION (PARCEL NO. 765-22643-001):
TRACT IB OF THE TRACT SPLIT PLAT OF TRACTS IA & 113, BROOKSTONE
SUBDIVISION, FAYETTEVILLE, ARKANSAS, RECORDED AS LAND DOCUMENT
NO. 2016-00026618 AMONG THE LAND RECORDS OF WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING PART OF TRACT 1 OF BROOKSTONE SUBDIVISION AS SHOWN ON PLAT
RECORD 23-36 AND ALSO PART OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 17 NORTH, RANGE 30 WEST
IN WASHINGTON COUNTY, ARKANSAS, AND ALSO:
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT, THENCE ALONG A
CURVE TO THE RIGHT A DISTANCE OF 75.94 FEET TO THE POINT OF BEGINNING,
SAID CURVE HAVING A RADIUS OF 235.00 FEET AND A LONG CHORD OF SOUTH
76004'09" EAST 75.61 FEET; THENCE NORTH 22°14'05" EAST A DISTANCE OF 54.16
FEET, THENCE NORTH 40°33'04" EAST A DISTANCE OF 46.68 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID
CURVE A DISTANCE OF 38.02 FEET, SAID CURVE HAVING A RADIUS OF 31.73 FEET
AND A LONG CHORD NORTH 66022'03" EAST 35.79 FEET; THENCE NORTH 23024'16"
EAST A DISTANCE OF 24.67 FEET; THENCE NORTH 39°07'41" WEST A DISTANCE OF
11.23 FEET, THENCE NORTH 46°54'01" EAST A DISTANCE OF 10.49 FEET, THENCE
SOUTH 87015'42" EAST A DISTANCE OF 61.00 FEET, THENCE NORTH 02°44' 18" EAST
A DISTANCE OF 25.50 FEET, THENCE SOUTH 87014'37" EAST A DISTANCE OF 43.00
FEET, THENCE NORTH 02044'37" EAST A DISTANCE OF 108.00 FEET, THENCE
SOUTH 87012'42" EAST A DISTANCE OF 263.50 FEET, THENCE SOUTH 02023,52"
WEST A DISTANCE OF 154.83 FEET, THENCE NORTH 87016'04" WEST A
DISTANCE OF 93.33 FEET; THENCE SOUTH 02025'35" WEST A DISTANCE OF
166.60 FEET, THENCE SOUTH 53010'03" WEST A DISTANCE OF 179.03 FEET TO
THE NORTH RIGHT OF WAY OF E. LONGVIEW STREET, THENCE ALONG SAID
RIGHT OF WAY AS FOLLOWS: NORTH 49052'58" WEST A DISTANCE OF 40.14
FEET, NORTH 40003'55" EAST A DISTANCE OF 20.06 FEET, NORTH 50003'07"
WEST A DISTANCE OF 50.12 FEET, SOUTH 39°53'52" WEST A DISTANCE OF 19.97
FEET, NORTH 49048'48" WEST A DISTANCE OF 112.91 FEET TO THE BEGINNING
OF A CURVE TO THE LEFT; THENCE 73.69 FEET ALONG SAID CURVE AND
CONTINUING ALONG SAID RIGHT OF WAY, SAID CURVE HAVING A RADIUS
OF 235.00 FEET AND A LONG CHORD OF NORTH 57049'38"W 73.39 FEET TO THE
POINT OF BEGINNING.
CONTAINING 2.62 ACRES, MORE OR LESS. SUBJECT TO THE RIGHT OF WAY OF
E. LONGVIEW STREET ALONG THE SOUTH SIDE.
As described in GENERAL WARRANTY DEED File# 2023-25610 of the records of the Circuit
Clerk and Ex-Officio Recorder, Washington County, Arkansas.
VAC-2024-0010
EXHIBIT 'B'
UTILITY EASEMENT VACATION DESCRIPTION: (See Attached "Easement Exhibit A")
PART OF TRACT 1B OF BROOKSTONE SUBDIVISION, FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON TRACT SPLIT FILE NUMBER
2016-26618, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF TRACT 1B OF THE BROOKSTONE
SUBDIVISION AS SHOWN ON TRACT SPLIT FILE NUMBER 2016-26618, SAID POINT
BEING A FOUND MAG NAIL WITH CAP "PS 931"; THENCE ALONG THE WESTERN
PROPERTY LINE, N22° 14'05"E A DISTANCE OF 54.16 FEET TO A FOUND IRON PIN;
THENCE N40033'04"E A DISTANCE OF 46.68 FEET TO A FOUND IRON PIN; THENCE
ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 31.73 FEET,
AN ARC LENGTH OF 38.02 FEET AND A CHORD BEARING AND DISTANCE OF
N66022'03"E- 35.79 FEET TO A FOUND IRON PIN; THENCE N23024'16"E A DISTANCE
OF 24.67 FEET TO A FOUND IRON PIN WITH CAP "PS 931"; THENCE N39°07'41"W A
DISTANCE OF 11.23 FEET TO A FOUND IRON PIN; THENCE N46°54'01 "E A DISTANCE
OF 10.49 FEET TO A FOUND IRON PIN WITH CAP "PS 931"; THENCE S87015'42"E A
DISTANCE OF 13.02 FEET; THENCE LEAVING SAID PROPERTY LINE AND ALONG
THE WESTERLY LINE OF UTILITY EASEMENT "B" AS SHOWN ON EASEMENT PLAT
23-334, SIO°53'36"E A DISTANCE OF 26.38 FEET TO THE POINT OF BEGINNING;
THENCE LEAVING SAID WESTERLY LINE, N79006'24"E A DISTANCE OF 20.00 FEET
TO THE EASTERLY LINE OF SAID UTILITY EASEMENT "B"; THENCE ALONG SAID
EASTERLY LINE, S10053'36"E A DISTANCE OF 69.99 FEET; THENCE LEAVING SAID
EASTERLY LINE AND ALONG THE SOUTHERLY LINE OF SAID UTILITY EASEMENT
"B", S79006'24"W A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID SOUTHERLY
LINE AND ALONG THE WESTERLY LINE OF SAID UTILITY EASEMENT `B",
N10053'36"W A DISTANCE OF 69.99 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.03 ACRES (1,400 SQUARE FEET), MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
07/22/2024 02:07:04 PM
and recorded in Real Estate
File Number 2024-00018336
Kyle Sylvester- Circuit Clerk
by .. ..........
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 18, 2024
CITY COUNCIL MEMO
2024-156
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Donna Wonsower, Planner
SUBJECT: VAC-2024-0010: Vacation (3334 N. MANA CT./HALF MOON ORAL SURGERY,
212): Submitted by ENGINEERING SERVICES, INC. for property located at 3334 N.
MANA CT. in WARD 3. The property is zoned R-O, RESIDENTIAL OFFICE and
contains approximately 2.62 acres. The request is to vacate 0.03 acres of a utility
easement.
RECOMMENDATION:
Staff recommends approval of VAC-2024-0010 as shown in the attached Exhibits'A' and 'B', and with the
following conditions of approval:
1. Any damage or relocation of any existing facilities will be at the applicant's expense.
2. New easements must be granted to SWEPCO/AEP for future service.
3. Adjustment of sewer facilities must be designed, approved, constructed, and accepted prior to vacation.
BACKGROUND:
The 2.26-acre subject property is in north Fayetteville on E. Longview St. within a portion of the city that
includes numerous existing medical facilities, including Washington Regional Medical Center, the Washington
County Health Department, North Hills Medical Park, and others. An associated large-scale development
(LSD-2024-0008) to develop the property with an 18,270 square -foot oral surgery facility and associated
parking was approved at the May 28, 2024 Planning Commission meeting.
Request: The applicant proposes to vacate a 70'x20' portion of an existing general utility easement to the north
of the proposed building that contains an existing sewer main. Because the proposed building and
underground detention conflict with the location of the existing sewer main and manhole, the applicant
proposes to pour a new manhole over the existing sewer main and connect with a 6" sanitary sewer service.
DISCUSSION:
The applicant submitted the required approvals with no objections, though with added conditions from
franchise utility providers as listed above. With submittal of the required vacation forms and utility consent, staff
recommends approval.
BUDGET/STAFF IMPACT:
NA
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Applicant Request Letter (#6), Petition to Vacate
(#7), Survey (#8)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2024-156
VAC-2024-0010: Vacation (3334 N. MANA CT./HALF MOON ORAL SURGERY,
212): Submitted by ENGINEERING SERVICES, INC. for property located at 3334 N. MANA
CT. in WARD 3. The property is zoned R-O, RESIDENTIAL OFFICE and contains
approximately 2.62 acres. The request is to vacate 0.03 acres of a utility easement.
AN ORDINANCE TO APPROVE VAC-24-10 FOR PROPERTY LOCATED AT 3334 NORTH
MANA COURT IN WARD 3 TO VACATE A 0.03 ACRE PORTION OF GENERAL UTILITY
EASEMENT
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or
portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of general utility
easement is not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of
general utility easement as described in Exhibit B attached to the Planning Department's memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County
Circuit Clerk.
Section 3: This vacation approval is subject to the following conditions:
1. Any damage to relocation of any existing facilities will be at the applicant's expense;
2. New easements must be granted to SWEPCO/AEP for future service; and
3. Adjustment of sewer facilities must be designed and constructed by the applicant and accepted
and approved by the city prior to this vacation becoming final.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2024-156
Item ID
6/18/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/31/2024 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
VAC-2024-0010: Vacation (3334 N. MANA CT./HALF MOON ORAL SURGERY, 212): Submitted by ENGINEERING
SERVICES, INC. for property located at 3334 N. MANA CT. in WARD 3. The property is zoned R-O, RESIDENTIAL
OFFICE and contains approximately 2.62 acres. The request is to vacate 0.03 acres of a utility easement.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Fund
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
ENGINEERING SERVICES INC. 100W
1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale, Arkansas 72764 • (479) 751-8733 • Established 1971
May 15, 2024
City of Fayetteville
Development Services Building
125 West Mountain Street
Fayetteville, Arkansas 72701
Re: Easement Vacation Submission
Half Moon Oral Surgery (LSD-2024-0008)
3334 N Mana Court
Fayetteville, AR 72704
City Council & Planning Commission:
Please accept this letter as a narrative accompanying an easement vacation as it relates to the proposed
large-scale development Half Moon Oral Surgery at the referenced address. The proposed development is
a 6,090 square foot 3-story building with underground detention and the associated site improvements. The
proposed development is on Tract 1 B of Brookstone Subdivision (parcel #765-22643-001). The portion of
easement to be vacated is approximately 70'x20' and is in the interior of Tract 1 B. Large portions of the site
are encumbered by FEMA Floodplain, Streamside Protection Zone, and easements. To develop the
property without disturbing the FEMA Floodplain or the Streamside Protection Zones, we are proposing
underground detention in the portion of utility easement to be vacated. The only known utility in the
easement is sewer. The existing sewer is proposed to be removed and a new manhole poured per LSD-
2024-008. The sewer to be removed is the beginning of the line and only serves Tract 1 B.
This submittal includes the following items:
• Metes and bounds of area to be vacated
• Survey of the site
• Legal description in MS Word and PDF
• Signed property owner consent form
• Petition to vacate easement
• Comments from all utility companies
Very truly yours,
Noah Geels, E.I.
Z:\Engineers\00 - Engineer Projects\24901- Half Moon Oral Surgery\EASEMENT VACATION\Transmittal Letter.docx
1==1
ENGINEERING SERVICES INC.
Brian J. Moore, P.E.
President
Tim J. Mays, P.E.
Vice President
Jason Appel, P.E.
Secretary / Treasurer
Jerry W. Martin
Chairman of the Board
PETITION TO VACATE A general utility/water & sewer EASEMENT LOCATED IN TRACT 1B OF THE
BROOKSTONE SUBDIVISION, CITY OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be
abandoned and vacated, lying in Tract 1 B of the Brookstone Subdivision, City of Fayetteville, Arkansas, a
municipal corporation, petition to vacate an easement which is described as follows:
PART OF TRACT 1B OF BROOKSTONE SUBDIVISION, FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS, AS SHOWN ON TRACT SPLIT FILE NUMBER 2016-26618, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF TRACT 1B OF THE BROOKSTONE
SUBDIVISION AS SHOWN ON TRACT SPLIT FILE NUMBER 2016-26618, SAID POINT
BEING A FOUND MAG NAIL WITH CAP "PS 931"; THENCE ALONG THE WESTERN
PROPERTY LINE, N22°14'05"E A DISTANCE OF 54.16 FEET TO A FOUND IRON PIN;
THENCE N40033'04"E A DISTANCE OF 46.68 FEET TO A FOUND IRON PIN; THENCE
ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 31.73 FEET, AN
ARC LENGTH OF 38.02 FEET AND A CHORD BEARING AND DISTANCE OF N66022'03"E-
35.79 FEET TO A FOUND IRON PIN; THENCE N23024'16"E A DISTANCE OF 24.67 FEET
TO A FOUND IRON PIN WITH CAP "PS 931' ; THENCE N3900741 "W A DISTANCE OF
11.23 FEET TO A FOUND IRON PIN; THENCE N46054'0I "E A DISTANCE OF 10.49 FEET
TO A FOUND IRON PIN WITH CAP "PS 931' ; THENCE S87° 15'42"E A DISTANCE OF 13.02
FEET; THENCE LEAVING SAID PROPERTY LINE AND ALONG THE WESTERLY LINE
OF UTILITY EASEMENT "B" AS SHOWN ON EASEMENT PLAT 23-334, S 10053'36"E A
DISTANCE OF 26.38 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID
WESTERLY LINE, N79°06'24"E A DISTANCE OF 20.00 FEET TO THE EASTERLY LINE OF
SAID UTILITY EASEMENT "B"; THENCE ALONG SAID EASTERLY LINE, S 10°53'36"E A
DISTANCE OF 69.99 FEET; THENCE LEAVING SAID EASTERLY LINE AND ALONG THE
SOUTHERLY LINE OF SAID UTILITY EASEMENT "B", S79°06'24"W A DISTANCE OF
20.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND ALONG THE WESTERLY
LINE OF SAID UTILITY EASEMENT `B", N10°53'36"W A DISTANCE OF 69.99 FEET TO
THE POINT OF BEGINNING, CONTAINING 0.03 ACRES (1,400 SQUARE FEET), MORE
OR LESS.
That the abutting real estate affected by said abandonment of the alley are Tract 1B of the Brookstone
Subdivision City of Fayetteville used by the public for a period of many years, and that the public interest and
welfare would not be adversely affected by the abandonment of the portion of the above described easement.
The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the above described real
estate, subject, however, to the existing utility easements and sewer easements as required, and that the above
described real estate be used for their respective benefit and purpose as now approved by law.
The petitioners further request that the above described real estate be vested in the abutting property owners
as provided by law.
WHEREFORE, the undersigned petitioners respectfully request that the governing body of the City of Fayetteville,
Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that
title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as
to that particular land the owners be free from the easements of the public for the use of said alley.
Dated this30day of May , 20 24
alto •^ar l'� lU,'�, ���--� �`R �.
Printed N
Signature j�
NOTES.
NOT A BOUNDARY SURVEY
UTILITY ESMT AREA: 1.400 SQ.FT. (0.03AC.)
GR iD
X
f
I GR Ar�aG
I REPRESENTATION
ONLY
I BASIS o� BEARINGS. S 87'15'42" E - 13.02'
ARKANSAS STATE PLANE
COORDINATE SYSTEM
NORTH ZONE 0301
I
N 46'54'01" E - 10.49'
N 39'07'41" W - 11.23'
N 23'24'16" E - 24.67' IIP
RADIUS=31.73' - - y y N 79'06'24" E - 20.00'
I LENGTH=38.02' + +
CHORD BRG.=N 66'22'03" E + ANDONED
I CHORD LENGTH=35.79' + ++ EASEMENT TO 6400 SQ• FT.)
0.p3AC.t(
P.O.B. l
P.O.C. �� �yP ar �' cam,+ . y S 10*53'36" E
FOUND MAG NAIL % � 44 0' y 69.99'
W/CAP 1
SWCOR. TRACT iB / N 40'33'04" E 1
BROOKSTONE SUBDIVISION 46.68' y �-3
PER FILE NO.2016-26618 ; _ 20,00'
L / ; S 79.0
6' 24. W
N 22"4'05" E - 54.16'
`S 10'53'36" E
N26.38'
PARCEL
NO, 765-22643-001
2025GA PROPERTIES. LLC
18244 HABBERTON RD
SPRINGDALE. AR 72764
ZONED R-0
ALE, N.T.S. VACATION EXHIBIT A
A �:,`�'�z HALF MOON ORAL SURGERY
w. m FAY��. ARKANA SAS
w.o. � 24901 .• -
Form vl.52
NW4\
Medla RECEIVED
Account#: NWCL5004205
Company: CITY OF FAYEI"I'EVILLE-CLERKS OFFI JUN 2 5 2024
113 W MOUNTAIN CITY OF FAYETTEVILLE
FAYETTEVILLE,AR 72701 CITY CLERK'S OFFICE
Ad number#: 414287
PO#:
Matter of: ORD 6761
AFFIDAVIT•STATE OF ARKANSAS
1, Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily
newspaper printed and published in WASHINGTON/BENTON county,State ofARKANSAS;that I was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6761
Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and
that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County,
that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for
the period of one month before the date of the first publication of said advertisement;and that said advertisement was
published in the regular daily issues of said newspaper as stated below.
And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$135.28.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 06/23/24;NWA nwaonline.com 06/23/24
i'i,;;t7lE17117L,e 7'? 4 . c ,_ ,;\'<::\‘..;ciL................
/ /1 �n:�G 0 221 0�� :�`9
Legal Cler c J _,.':g N 0 tq `� f3
R
State of ARKANSAS,County of Sebastian _co::o A4B" :
�,. LIC
Subscribed and sworn to before me on this 24th day of June, % y..17 to.•'�i�c
// C�t/NTY'1PF P�`s
IIII
O1A PUBLIC
Ordinance:6761
File Number:2024-156
VACATION-2024-0010:(3334
N.MANA CT./HALF MOON ORAL
SURGERY,212):
AN ORDINANCE TO APPROVE
VAC-24-10 FOR PROPERTY LO-
CATED AT 3334 NORTH MANA
COURT IN WARD 3 TO VACATE A
0.03 ACRE PORTION OF GEN-
ERAL UTILITY EASEMENT
WHEREAS,the City Council
has the authority under A.C.A.§
14-54-104 to vacate public
grounds or portions thereof
which are not required for cor-
porate purposes;and
WHEREAS,the City Council
has determined that the follow-
ing described portion of general
utility easement is not required
for corporate purposes.
NOW.THEREFORE,BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby vacates the
portion of general utility ease-
ment as described in Exhibit B
attached to the Planning De-
partment's memo.
Section 2:A copy of this Ordi-
nance duly certified by the City
Clerk along with the map at-
tached as Exhibit A to the Plan-
ning Department's memo shall
be filed in the office of the
Washington County Circuit
Clerk.
Section 3:This vacation ap-
proval is subject to the following
conditions:
1.Any damage to relocation
of any existing facilities will be
at the applicant's expense;
2.New easements must be
granted to SWEPCO/AEP for fu-
ture service;and
3.Adjustment of sewer facili-
ties must be designed and con-
structed by the applicant and
accepted and approved by the
city prior to this vacation be-
coming final.
PASSED and APPROVED on
June 18,2024
Approved:
Lioneld Jordan,
Mayor
Attest:
Kara Paxton,
City Clerk Treasurer
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville,
Arkansas.
Amount Paid:6135.28
June 23,2024 414287