HomeMy WebLinkAboutOrdinance 4979 Doc ID : 010886250004 Tvoe : REL
Recorded : 03/01/2007 at 11 : 14 : 02 AM
Fee Amt : $17 . 00 Paae 1 of 4
Washlnaton Countv . AR
Bette Stamps Circuit Clerk
E Flle200740007494
ORDINANCE NO, 4979
AN ORDINANCE APPROVING VAC 06-2400 SUBMITTED
BY H2 ENGINEERING FOR PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF THE BELLAFONT
DEVELOPMENT, NORTH OF JOYCE BOULEVARD AND
WEST OF VANTAGE DRIVE TO VACATE A PORTION OF A
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 the
platted utility easements are not required for corporate purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the
County and recorded in the Deed Records of the County.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the following described utility easements:
See Exhibit `B" attached hereto and made a part hereof.
Section 3 : That this vacation approval is subject to the Conditions of Approval as
follows, and shall not be in effect until all conditions are met herein.
1 . Relocation of any existing utilities shall be at the owner/developer' s expense.
2. New utility easements shall be dedicated throughout the Bellafont property as needed
to serve the various buildings planned to be constructed.
3. Further development of this property shall not encroach within any existing easement.
Page 2
Ord. 4979
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PASSED and APPROVED this 6`� day of February, 2007.
FAYETTEVILLE ;
APPROVED: ATTEST: c.,
)nAAg' GTONBy: By: Ivunn��
DAK COOD , " ayor SONDRA SMITH, City ClerkfFreasurer
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EXHIBIT `B"
VAC 06-2400
LOCATED IN A PART OF THE NW 1/4 OF THE NW 1/4 AND IN A PART OF THE NE 1 /4
OF THE NWIA OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY
DESCRIBED AS FOLLOWS : STARTING AT THE NW CORNER OF THE NW 1 /4 OF THE
NW 1/4 OF SECTION 25; THENCE SOUTH 02 DEGREES 36 MINUTES 28 SECONDS
WEST, 659.02 FEET; THENCE SOUTH 02 DEGREES 36 MINUTES 52 SECONDS WEST,
201 .45 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 23
MINUTES 18 SECONDS EAST, 20.00 FEET; THENCE SOUTH 02 DEGREES 36 MINUTES
52 SECONDS WEST, 129. 19 FEET; THENCE NORTH 51 DEGREES 21 MINUTES 32
SECONDS WEST, 24.73 FEET; THENCE NORTH 02 DEGREES 36 MINUTES 52
SECONDS EAST, 114.65 FEET TO THE TRUE POINT OF BEGINNING CONTAINING
0.056 ACRES MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
p 03/01/2007 11 : 14:02 AM
and recorded in Real Estate
File Number 2007-0000749
Bette Stamps - Circuit I
by
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City of Fayetteville Z/// )O7
Staff Review Form if 97 ?
City Council Agenda Items n
or
Contracts
6-Feb-07Q 1 T
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
VAC 06-2400: (Bellafont 11, 175): Submitted by H2 Engineering, Inc. for property located at the southwest corner of the
Bellafont Development, north of Joyce Boulevard and west of Vantage Drive. The property is zoned C-3, Central Commercial
and contains 0.056 acres. The request is to vacate a portion of a utility easement.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Category Name
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budge t Adjustment Attached
vPrevious Ordinance or Resolution # n/a
12 'n�l
Departm�ent/ ireDate Original Contract Date: n/a
( /J Original Contract Number: n/a
City Attorney
Received in ity ClerkN Office
q
TERE� — - � ' 2 -a -7 Id
Finance and Internal Service Director Date
Received in Mayor's Office
17
Mayor Date
Comments:
y
City Council Meeting of February 6, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: January 11 , 2007
Subject: Easement Vacation for Bellafont (VAC 06-2400)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a portion of a 20' general
utility easement located within the Bellafont property north of Joyce Boulevard and west
of Vantage Drive.
BACKGROUND
The Bellafont Large Scale Development has been approved for development on the
overall 26-acre site for a mixed use development with restaurant space, office space, and
99 residential units. The subject 20' utility easement traverses north-south along the
southwestern property line of the Bellafont property as depicted on the attached exhibits.
This easement is not needed for this development as other utility casements have been
dedicated for the Bellafont project, currently under construction. The overall 20'
easement was originally platted on this undeveloped property for general utility use.
Utility representatives have no objections to the requested vacation.
The request is to vacate approximately 0.056 acres of the existing utility easement.
DISCUSSION
Notification was provided to all appropriate utility representatives and to the City. This
item was heard on consent at the regular Planning Commission on January 8, 2007. The
Planning Commission voted 9-0-0 to recommend this vacation request to the City
Council.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 06-2400 SUBMITTED
BY H2 ENGINEERING FOR PROPERTY LOCATED AT THE
SOUTHWEST CORNER . OF THE BELLAFONT
DEVELOPMENT, NORTH OF JOYCE BOULEVARD AND
WEST OF VANTAGE DRIVE TO VACATE A PORTION OF A
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 the
platted utility easements are not required for corporate purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the
County and recorded in the Deed Records of the County.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the following described utility easements:
See Exhibit `B" attached hereto and made a part hereof.
Section 3 : That this vacation approval is subject to the Conditions of Approval as
follows, and shall not be in effect until all conditions are met herein.
1 . Relocation of any existing utilities shall be at the owner/developer's expense.
2. New utility easements shall be dedicated throughout the Bellafont property as needed
to serve the various buildings planned to be constructed.
3 . Further development of this property shall not encroach within any existing easement.
PASSED and APPROVED this day of 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
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EXHIBIT "A" /
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EXHIBIT `B"
VAC 06-2400
LOCATED IN A PART OF THE NW %4 OF THE NW %4 AND IN A PART OF THE NE '/4 OF
THE NW %4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY
DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW % OF THE
NW '/4 OF SECTION 25; THENCE SOUTH 02 DEGREES 36 MINUTES 28 SECONDS
WEST, 659.02 FEET; THENCE SOUTH 02 DEGREES 36 MINUTES 52 SECONDS WEST,
201 .45 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 23
MINUTES 18 SECONDS EAST, 20.00 FEET; THENCE SOUTH 02 DEGREES 36 MINUTES
52 SECONDS WEST, 129. 19 FEET; THENCE NORTH 51 DEGREES 21 MINUTES 32
SECONDS WEST, 24.73 FEET; THENCE NORTH 02 DEGREES 36 MINUTES 52
SECONDS EAST, 114.65 FEET TO THE TRUE POINT OF BEGINNING CONTAINING
0.056 ACRES MORE OR LESS.
Taye
PC Meeting of January 8, 2007
ARKANSAS
THE CITY OF FAYETTEVI'LLE. ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: Deee .> er 29 2006 Updated January 11, 2007
VAC 06-2400: (BELLAFONT, 175): Submitted by H2 ENGINEERING, INC. for
property located at the SOUTHWEST CORNER OF THE BELLAFONT
DEVELOPMENT, NORTH OF JOYCE BOULEVARD AND WEST OF VANTAGE
DRIVE. The property is zoned C-3 , CENTRAL COMMERCIAL and contains
approximately 0.056 acres. The request is to vacate a portion of a utility easement.
Property Owner: The Barber Group Planner: Andrew Garner
Findings: Staff finds that vacating the requested portion of easement would not
adversely affect access to the utilities serving the property or any other adjacent property.
Background/Property: The subject property is located northwest of Joyce Boulevard
and Vantage Drive. The Bellafont I and II Large Scale Development projects were
approved on this overall approximately 26-acre property in early 2006 by the Fayetteville
Planning Commission. The approved LSD is a 26-acre mixed. use development with
restaurant space, retail space, office space, and condominium towers to hold a maximum
of 99 residential units.
The subject 20' utility easement traverses north-south along the southwestern property
line of the Bellafont property as depicted on the drawing attached to this report. - This
easement is, not needed for this development as other utility easements have been
dedicated for the Bellafont project, currently under construction. The overall 20'
easement was originally platted on this undeveloped property for general utility use.
Utility 'representatives have no objections to the requested vacation.
Request: The request is to vacate 0.056 acres of the existing utility easement.
The applicant has submitted the required notification forms to the utility companies and
to the City. The results are, as follows:
K:aeporls\2007\PC Reports\01-08-071VAC 06-2400 (Dellalont).DOC
UTILITIES RESPONSE
Ozarks Electric No Objections.
Cox Communications No Objections.
AEP/SWEPCO No Objections.
SBC Southwestern Bell/AT&T No Objections.
Arkansas Western Gas No Objections.
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections.
Transportation No Objections.
Solid Waste No Objections.
Engineering No Objections.
Recommendation: Staff recommends approval of the proposed utility easement
vacation 06-2400 with the following conditions:
1 . Relocation of any existing utilities shall be at the owner/developer's expense.
2. New utility easements shall be dedicated throughout the Bellafont property as
needed to serve the various buildings planned to be constructed.
3 . Further development of this property shall not encroach within any existing
easement.
PLANNING COMMISSION ACTION: yes Required
Forwarded to City Council recommendation for approval Denied
Motion: Graves
Second: Ostner
Vote: 9-0-0
Date: January 8, 2007
Comments: Approved on consent.
The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total
without exception by the entity requesting approval of this development item.
By
Title
Date
CITY COUNCIL ACTION: yes Required .
Approved Denied
Date: February 6, 2007
KAReports12007W Reports101-0"'AVAC 06-2400 (Bellafont).DOC
c'
ENGINEERING, INC.
Andrew Gamer
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Re: Bellafont Easement Vacation
Dear Staff,
This correspondence is a written description of the petition to vacate a portion of
an existing utility easement lying on Washington County Parcel # 765-15681-004 in
Fayetteville, Arkansas. The current owner of the property is CB Ventures. A Mixed Use
Commercial Development will be placed on the overall site. The presence of this utility
easement hinders the developer's entrance feature options. We propose to rededicate
utility easement throughout the development as needed to serve the various buildings
planned to be constructed. We have provided the utility companies with assurances that
new utility easements will be dedicated with the proposed development and the owner
will incur the cost of relocating any existing utilities within the easement. Easement plats
have already been approved by the city which dedicate alternate utility routes.
Thank you for your consideration in this matter. If you should have any questions
or comments, please call me at 582-4234.
Sincerely,
Jeremy Thompson, P.E.
Project Engineer
H2 Engineering, Inc.
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UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS
DATE: February 2, 2006
UTILITY COMPANY: Arkansas Western Gas
REQUESTED VACATION (applicant must check oil that apply):
KUtility Easement
O Right-of-way for alley or streets and all utility easements located within the vacated right-of-way.
O Alley
O Street right-of-way
I have been notified of the petition to vacate the following (alley, easement,.right-of-way), described as follows:
General location / Address:
LOCATED IN A PART OF THE NW'/. OF THE NW Y4 AND IN A PART OF THE NE'/. OF THE
NW Y. OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS:
STARTING AT THE NW CORNER OF THE NW V. OF THE NW '/. OF SECTION 25; THENCE
SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET; THENCE SOUTH 02
DEGREES 36 MINUTES 52 SECONDS WEST, 201.45 FEET TO THE TRUE POINT OF
BEGINNING; THENCE:SOUTH 87 DEGREES 23 MINUTES 18 SECONDS EAST, 20.00 FEET;
THENCE SOUTIL02 DEGREES 36 MINUTES 52 SECONDS WEST, 129.19 FEET; THENCE
NORTH 51 DEGREES 21 MINUTES 32 SECONDS WEST, 24.73 FEET; THENCE NORTH 02
DEGREES 36.MINUTES 52 SECONDS EAST, 114.65 FEET TO THE TRUE POINT OF
BEGINNING CONTAINING 0.056 ACRES MORE OR LESS.
(Include legal description gj4graphic representation of what is being vacated)
UTILITY COMPANY COMMENTS:
C9' No objections to the vacation(s) described above.
O No objections to the vacation(s) described above, provided following described easements are retained --
(State the location, dimensions, and purpose below.)
Date ��""
UTILITY APPROVAL FORM
• FOR RIGHT -OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS
t
DATE: February 2, 2006
UTILITY COMPANY: Ozarks Electric Company
REQUESTED VACATION (applicant mutt check aU that apply):
y� Utility Easement
O Right-of-way for alley or streets and all utility easements located within the vacated right-of-way.
O Alley
O Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address:
LOCATED. IN A PART OF THE.NW Y. OF THE NW ''A AND IN A PART OF THE NE'/. OF THE
NW % OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS:
STARTING AT THE NW CORNER OF THE NW Y. OF THE NW '4 OF SECTION 25; THENCE
SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET; THENCE SOUTH 02
DEGREES 36 MINUTES 52 SECONDS WEST, 201.45 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 87 DEGREES 23 MINUTES 18 SECONDS EAST, 20.00 FEET;
THENCE SOUTH 02 DEGREES 36 MINUTES 52 SECONDS WEST, 129.19 FEET; THENCE
NORTH 51 DEGREES 21 MINUTES 32 SECONDS WEST, 24.73 FEET; THENCE NORTH 02
DEGREES 36 MINUTES 52 SECONDS EAST, 114.65 FEET TO.THE TRUE POINT OF
BEGINNING CONTAINING 0.056 ACRES MORE OR LESS.
(Include legal description gjjgraphic representation of what is being vacated)
UTILITY COMPANY COMMENTS:
u No objections to the vacation(s) described above.
O No objections to the vacation(s) described above, provided following described casements are retained.
(State the location, dimensions, and purpose below.)
Signature of Utility Company R ta' c
Sys err-, s779ki,7 %ecf(
Tide -
Date
0ta . Lynda Palmer AT&T West as F: 501.373.0229
Manager -Engineering (Row) 1111 West Capitol F: 501.373.0229
Rghho(-way & Joint Use Poles Room 941 Iynda.paIcner@atl.com
Little Rock AR 72201
November 21, 2006
Jeremy Thompson
H2 Engineering
2758 Millenium Drive
Fayetteville, AR 73703
Dear Mr. Thompson:
RE: Easement vacation - Fayetteville
• Please find enclosed AT&T's concurrence in your request to the above
mentioned easement vacation.
This concurrence must be recorded at the Washington County Courthouse in the
office of the circuit clerk to be complete and legal. I would appreciate you
returning a copy of the document to me at the above address for my files.
If you have any questions or comments, please call me at 501-373-5255.
Sincerely,
attachments
(USA
'CXJ' Proud Sponso of me U.S. Olympic Team
CONCURRENCE TO VACATE
A DEDICATED UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS that Southwestern Bell Telephone LP, a Texas limited
partnership, d.b.a. AT&T Arkansas, hereby concurs in the vacation of a portion of a dedicated utility
easement, to -wit:
Located in a part of the NW ¼ of the NW ¼, and in a part of the NE %'of the NW ¼ of Section 25,
Township 17 North, Range 30 West, in Fayetteville, Washington County, Arkansas, being more precisely
described as follows: Starting at the NW corner of the NW � of the NW � of Section 25; thence S
02°3628" West, 659.02 feet; thence S 02°36'52" West, 201.45 feet to the true point of beginning;
thence S 87°23'18" East, 20.00 feet; thence S 02°36'52" West, 129.19 feet; thence N 51 °21'32" West,
24.73 feet; thence N 02°36'52" East, 114.65 feet to the true point of beginning, containing 0.056
acres, more or less.
Signed and executed this day of November, 2006.
By:_
CORPORATE ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
Davis
On this the day of November, 2006, before me, the undersigned authority, duty
commissioned and qualified in and for the state and county set forth above, personally came and
appeared F. Jean Davis, who, after being duty sworn, declared that he is the Director-
Engineering/Construction for Southwestern Bell Telephone LP; a.Texas limited partnership, d.b.a.
:: At .r, rkansas, and that he executed the foregoing instrument as the act and deed of said company of
X10'9 Pf eegwill and for the purposes and considerations therein expressed and with due authority.
-,-' "r•°Pn �iiUHess whereof I hereunto set my hand and official seat.
if :% :: SOY AR y 1
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',; 'y '�• • GTThs,in1piepared by AT&T
�,. �k..,,F.%j'tY' �_�cupItol,.Room 941 L da E. Sommerfeldt Pa mer
Tittle Rock, AR 72201 (501-373-5255) Notary Public in & for Faulkner Co.
My commission expires 8/11 /2011
UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY
AND UTILITY EASEMENT VACATIONS
DATE: 11.20.06
UTILITY COMPANY: Southwestern Bell Telephone d.b.a. AT&T Arkansas
REQUESTED VACATION:
Street
Easement
Street and all the utility easements located within the vacated street
Right -of -Way for alley or street
Right -of -Way for alley or•streets and all utility easements located within the vacated right-
of-way
Alley
Alley and all utility easements located within the vacated alley
I have been notified of the petition to vacate the following right-of-way.
Described as follows:
Located in a partof the NW'/s of the NW ¼, and in a part of the NE % of the NW Y. of Section
25, Township 17.North, Range 30.West, in Fayettevitle, Washington County, Arkansas, being
more precisely described as follows: Starting at the NW corner of the NW ¼ of the NW � of
Section 25; thence S 02°36'28" West, 659.02 feet; thence S 02°36'52" West, 201.45 feet to
the true point of beginning; thence S 87°23'18" East, 20.00 feet; thence S 02°36'52" West,
129.19 feet; thence N 51°21'32" West, 24.73 feet; thence N 02`36'52" East, 114.65 feet to the
true point of beginning, containing 0.056 acres, more or less. .
UTILITY COMPANY COMMENTS:
No objections to the vacation described above.
Signature of this form does not constitute a release of easement The attached
Concurrence must be recorded at the Washington County courthouse in order for this
release to be complete and legal.
Signature of AT&T Company Representative:
ft
Sommerfeldt Palm r, Mgr.-Engr. (ROW)
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Aug. 25. 2006ii10:28AN%_,iz EFAXSC CUST SVC
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UTILITY APPROVAL FORM
FOR RIM 4& -WAY, ALLEY.. AND UTILITY RAS$MBNT VACATION$
DATE: July 2712006
UMnY COMPANY: SR+SPO
REQUESTED VACATION (gFVmw s wdm&ab wq i ):
XeUtifiry Easwm t
O Rigl of -way fur fluky or eueafl and ell utility eeemnenfe located w$plIn the vaeeted fight -of -way.
O Alley
o Street right o€wny
e. .... .... I, 1 ...
0 ro i 1 1 :1' 1 :1: is 1 :1 /' :1'
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UTILITY APPROVAL FORM
FOR RIGHT -0F -WAY, ALLEY, AND U1ILITY EASEMENT VACATIONS
DATE: February 2, 2006
UTILITY COMPANY: Cox Communications
REQUESTED VACATION (appliaent must check aft that apply):
Utility Easement
O Right-of-way for alley or streets and all utility easements located within the vacated right-of-way.
❑ Alley
❑ Street right-of-way
I have beat notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address:
LOCATED INA PART OF THE N W % OF THE NW 'A AND INA PART OF THE NE % OF THE
NW Y. OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS:
STARTING AT THE NW CORNER OF THE NW ''4 OF THE NW '4 OF SECTION 25; THENCE
SOUTH 02 DEGREES 36MINUTES 28.SECONDS WEST,.659.02 FEET; THENCE SOUTH 02
DEGREES 36 MINUTES 52 SECONDS WEST, 201.45 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 87 DEGREES 23 MINUTES 18 SECONDS EAST, 20.00 FEET;
THENCE SOUTH 62 DEGREES 36 MINUTES 52 SECONDSWEST, FEET; THENCE
NORTH 51. DEGREES 21,MINUTES 32 SECONDS WEST, 24.73 FEET; THENCE NORTH 02
DEGREES -36 MINUTES 52=SECONDS EAST, 114.65 FEET TO THE TRUE POINT OF
BEGINNING CONTAINING 0.056 ACRES MORE OR LESS.
(Include legal description and graphic representation of what is
UTILITY COMPANY COMMENTS:
Pk No objections to the vacation(s) described above.
❑ No objections to the vacation(s) described above, provided following described easements are retained
.(State the location, dimensions, and purpose below.)
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS
DATE: July 27, 2006
UTILITY COMPANY: City of Fayetteville, Water & Sewer
REQUESTED VACATION (applicant must check aft that apply):
l� Utility Easement
O Right-of-way for alley or streets and all utility easements located within the vacated right-of-way.
O Alley '
O Street right'of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address:
LOCATED IN A PART OF THE NW '/. OF THE NW '/. AND IN A PART OF THE NE V4 OF THE
NW '/4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS:
STARTING AT THE NW CORNER OF THE NW 1% OF THE NW '/. OF SECTION 25; THENCE
• SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET; THENCE SOUTH 02
DEGREES 36 MINUTES 52 SECONDS WEST, 201.45,FEET TO THE TRUE POINT OF
• BEGINNING; THENCE SOUTH 87 DEGREES 23 MINUTES 18 SECONDS EAST, 20.00 FEET;
THENCE SOUTH 02 DEGREES 36 MINUTES 52 SECONDS WEST, 129.19 FEET; THENCE
NORTH 51 DEGREES 21 MINUTES 32 SECONDS WEST, 24.73 FEET; THENCE NORTH 02
DEGREES 36 MINUTES 52 SECONDS EAST, 114.65 FEET TO THE TRUE POINT OF
BEGINNING CONTAINING 0.056 ACRES MORE OR LESS.
(Include legal description aSgraphie representation of what is being vacated)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
O No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
S
Date
UTILITY APPROVAL FORM
FOR RIGHT -OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS
DATE: February 2, 2006
UTILITY COMPANY: City of Fayetteville: Streets
REQUESTED VACATION (applicant must check all that apply):
ye( Utility Easement
O Right-of-way for alley or streets and all utility easements located within the vacated right-of-way.
O Alley
O Street rightof-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address:
LOCATED IN APART OF THE NW '4 OF THE NW Y4 AND IN A PART OF THE NE % OF THE
NW Y4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS:
STARTING AT THE NW CORNER OF THE NW Y4 OF THE NW Y4 OF SECTION 25; THENCE
SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET; THENCE SOUTH 02
DEGREES 36 MINUTES 52 SECONDS WEST, 201.45 FEET TO THE TRUE POINT OF
BEGINNING; THENCE -SOUTH 87 DEGREES 23-DIINUTES•i3:SECONDS EAST, 20.00 FEET;:t - -
THENCE SOUTH 02 DEGREES 36 MINUTES 52 SECONDS WEST, 129.19 FEET; THENCE
NORTH 51 DEGREES 21 MINUTES 32 SECONDS WEST, 24.73 FEET; THENCE NORTH 02
DEGREES 36 MINUTES 52 SECONDS EAST, 114.65 FEET TO THE TRUE POINT OF
BEGINNING CONTAINING 0.056 ACRES MORE OR LESS.
(Include legal description a�phic representadon of what is being vacated)
UTILITY COMPANY COMMENTS:
�No objections to the vacation(s) described above.
O No objections to the vacation(s) described above, provided following described easements are retained
(State the location, dimensions, and purpose below.)
/O≤
Date
UTILITY APPROVAL FORM
FOR RIGIH-OF-WAY, ALLEY, AND UTMIrY EASEMENT VACATIONS
DATE: February 2, 2006
UTILITY COMPANY: City of Fayetteville: Sanitation
REQUESTED VACATION (app/joins must check all that apply):
Utility Easement
O Right-of-way for alley or streets and all utility easements located within the vacated right-of-way.
O Alley
O Street right-of-way
I have been notified of the petition to vacate the following (alley; easement, right-of-way), described as follows:
General location / Address:
LOCATED IN A PART OF THE NW '/. OF THE NW ''4 AND IN A PART OF THE NE Y. OF THE
NW % OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS:
STARTING AT THE NW CORNER OF THE NW Y. OF THE NW V. OF SECTION 25; THENCE
SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET; THENCE SOUTH 02
DEGREES 36 MINUTES 52 SECONDS WEST, 201.45 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 87 DEGREES 23 MINUTES 18 SECONDS EAST, 20.00 FEET;
THENCE SOUTH 02 DEGREES 36 MINUTES 52 SECONDS WEST, 129.19 FEET; THENCE
NORTH 51 DEGREES 21 MINUTES 32 SECONDS WEST, 24.73 FEET; THENCE NORTH 02
DEGREES 36 MINUTES 52 SECONDS EAST, 114.65 FEET TO THE TRUE POINT OF
BEGINNING CONTAINING 0.056 ACRES MORE OR LESS.
(Include legal description !,,4gmphic representation of what is being vacated)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
O No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dhhSisions, and purpose below.)
SignatureofUtility.Company Rcprescntative c5 hC1. Title ....
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From: Clarice Pearman
To: Pate, Jeremy
Date: 2.14.07 1:03 PM
Subject: Ords. 4972 and 4977-4982
Attachments: 4982 Amend Ch 159 Impact Fees Table A.pdf; 4978 VAC 06-2365.pdf; 4979 VAC 0
6-2400.pdf; 4980 RZN 06-2399.pdf; 4981 Amend Ch 176 Outdoor Lighting.pdf; 4
977 VAC 06-2204.pdf; 4972 Replace Ch 174 & 153.08(G) Signs revised.pdf
CC: Audit
Jeremy:
Attached is a copy of the above ordinances. Ord. 4972 reflects the change in the sign ordinance which left out 174.12(C).
The other were passed by the City Council, February 6, 2007. Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us
Arkansas Democrat SazeUc
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702 RECEIVED
PHONE: 479-571-6421
FEB 2 2007
AFFIDAVIT OF PUBLICATION mOFFCLERKS OFFICE
I, Erin Emis, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of:
Ordinance No. 4979
Was inserted in the Regular Editions: ORDINANCE NO. 4979
February 17, 2007 AN ORDINANCE APPROVING VAC 0F.2400 SUB-Taye
•1
LOCAT BA H2 ES UTHWIST FOR PROPERTY` � 1e
Publication Charge: $105.50 I BELLAFDATTDEESOPMENTSN RTHO J YCE VV
BO L EVAR AND WEST OF NORTH OF JOYCE
BOULEVARD AND OF VANTAGE DRIVE TO ARKANSAS
VACATE A PORTION OF A UTILITY EASEMENT.
Subscribed
This)q g day
Notary Public
to before me
fin , P 2007
My Commission Expires:
Sharlene D. Williams
Notary Public
State of Arkansas
My Commission Expires
October 18, 2014
the City Council has the authority under A.CA. §.14,54-104 to vacate public grounds
ereol which are not required for corporate purposes; and. - —
the City Council has determined that the following described portion of the platted ulil-
we not required for corporate purposes;
BY THE CITY COUNCIL OF THE CRT
Section 1: That a copy of this Ordinance duly certifed by the City Clerk along with theme
hereto and labeled Exhibit'Ashall be filed in the office of the Recorder of the County a
ed In the Deed Records of the County.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby vacates and
the following described utfity easements:
See Exhibit'B' attached hereto and made a part hereof."
Section 3: That this vacation approval Is subject to the Conditions of Approval as follows, and shall
not be In effect until all conditions are met herein.
1. Relocation of any existing utilities shall be at the ownerldeveloper5 expense.
2 New utility easements shall be dedicated throughout the Bellafont properly as needed to serve
the various buildings planned to be constructed.
3. Further development of this property shall not encroach within any existing easement.
PASSED and APPROVED this 6th day of February, 2007.
APPROVED: ATTEST:
By: By:. -
DAN COODY, Mayor SONORA SMITH, City ClerkT'easurer
Exhibit A Is a map and may be viewed at the city clerk's office during normal business hours.
EXHIBIT'9
VAC 06-2400
LOCATED IN A PART OF THE NW 1/4 OF THE NW 1/4 AND IN A PART OF THE NE 114 OF THE
NW1/4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHING-
TON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW
CORNER OF THE NW 1/4 OF THE NW 114 OF SECTION 25; THENCE SOUTH 02 DEGREES 36 MIN-
, UTES 28 SECONDS WEST. 659.02 FEET. THENCE SOUTH 02 DEGREES 36 MINUTES 52 SECONDS
TO THE TRUE
OF BEGINNING
THENCE
)S EAST. 114.65 FEET TO TI
LESS. ,i
23 MIN-