HomeMy WebLinkAboutOrdinance 4162 FILED FOR RECORD
ORDINANCE NO.4112
' 99 JI N 24
AN ORDINANCE VACATING AND ABANDO A P(7 1 30
PORTION OF AN UTILITY AND DRAINAGE EATON
LOCATED AT 3385 NATCHEZ TRACE, LOT 11 , SAVAKFNA4R O AR
-ON CC
SUBDIVISION, PHASE I, CITY OF FAYETTEVILLE,
ARKANSAS, AS REQUESTED BY KEITH AND YVONNE
BURNS.
WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public
grounds or portions thereof as may not for the time being be required for corporate purposes; and
WHEREAS, the City Council has determined that the following described utility and
drainage 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 of Fayetteville, Arkansas hereby vacates and abandons all of its
rights together with the rights of the public generally, in and to the following described utility and
drainage easement:
See Exhibit "A" attached hereto and made a part hereof.
Section 2. That a copy of this Ordinance duly certified by the City Clerk shall be filed
in the office of the Recorder of the County and recorded in the Deed Records of the County.
PASSED AND APPROVED this 180' day of May , 1999.
a is APPROVED:
((IOr
B
.i �7i .f �
` - b__;i;•. Fred Hanna, Mayor
ATTEST:
By:7� �.
Heather Woodruff, City Cler c
99057313
EXHIBIT "A"
LEGAL DESCRIPTION FOR VA99-6
A part of Lot 11 of Savanna Estates Subdivision Phase 1 and being more particularly described as
follows; Commencing at the NE Comer of said Lot 11 , thence WEST 7.04 Feet, thence SOUTH
65 .44 Feet to the P.O.B. thence S09°48'08"E 12.00 Feet, thence S80 ° 11 '52"W 8.00 Feet, thence
N09048'08"W 12.00 Feet, thence N80° 11 '52"E 8.00 Feet, to the P.O.B.; and also commencing at
the NE Corner of said Lot 11 thence WEST 15.00 Feet, thence SOUTH 90.07 Feet to the P.O.B.
thence SOUTH 21 .62 Feet, thence S45 °W 11 .84 feet, thence WEST 24.29 Feet, thence N45 °W
10.38 Feet, thence NORTH 12.66 Feet, EAST 30.00 Feet, thence NORTH 10.00 feet, thence EAST
10.00 Feet to the P.O.B.
99057314
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Janet Strain, Planning File Clerk
From: Heather Woodruff, City Clerk
Date: May 24, 1999
Attached is a copy of the Ordinance vacating VA 99-6 for your records. Please distribute a copy
to your CAD draftsman to update your rezoning map. The original will be filed with the county,
then microfilmed and filed with the city clerk.
CC. Clyde Randall, Engineering
Ed Connell, Engineering
File
99057315
114Afhferr� Hamel$ CIMult Clea; Ahd f?s:o4iOle
oeHlyrc,er for Wgshiitplan GAuntY. Arkansae, do 119n
)by
Mae that Ibis rq;trumpnt wilt! fiiad For ropord In m
e leafed hereon arid
the game is new duly
thereondIn Record th gotlpp and Page aaindl atltetl thereon.
IN WITNESS WIdEgROr. I have hereunto set my
bond and 8ffixed the anal of said Court on the date indi-
sated hereon.
K3cull n NamesS
C❑cwt C;e;k and [xoMlGo Recorder
V �
MICIROIPTLMED RiiCL
ORDINANCE N0. 4162 STATE OF ARKANSAS
AN ORDINANCE VACATING
AND ABANDONING
AND County of Washington ss. JUN 0 7 1999
TION OF AN
DRAINAGE EASEMENT LO-CATED AT �eP R
5 NATCHEZ
TRACE, LOT 381 , SAVANNA I, JEFF JEFFUS herebycerti f1 6 tft'�'
ty ht' 1 publisher of THE
SUBDIVISION, PHASE I, CITY
AN- NORTHWEST ARKANSAS TIMES, a daily newspaper havin a second class
OF FAVETTEVILLE, ARKAN- y9
SAS, AS REQUESTED BY mailing privilege, and being not less than four pages of five columns each,
KEITH AND YVONNE BURNS. published at a fixed place of business and at fixed (daily) intervals
WHEREAS, the City Council continuously in the City of Fayetteville, County of Washington, Arkansas for
has the authority ender A.C.A. more than a period of twelve months, circulated and distributed from an
§14-54-104' to vacate public
grounds or portions thereof as established place of business to subscribers and readers generally of all
may not for the time being be
required for corporate purpos-
classes in the City and County for a definite price for each copy, or a fixed
es; and price per annum, which price was fixed at what is considered the value of the
WHEREAS, the City Council publication, based upon the news value and service value it contains, that at
has determined that the follow- least fifty percent of the subscribers thereto have paid for their subscriptions
ing described utility and drain-
age easement is not required to the newspaper or its agents or through recognized news dealers over a
for corporate purposesperiod of at least six months and that the said newspaper publishes an
NOW. THEREFORE, BE IT average of more than forty percent news matter.
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE. ARKANSAS: I further Ce that the legal notice attached in the matter of
Section 1 . That the City of � A
Fayetteville, Arkansas hereby �,n GA l �
vacates and abandons all of its /
rights together with the rights of
the public generally, in and to
the following described utility was published in the regular daily issue of said newspaper for
and drainage easement: consecutive Insertions as IO S:
See Exhibit 'Am attached hereto 9
and made a pan hereof. The first insertion on the day of 19 "
Sect on 2. That a copy of this
Ordinance duty certified by the
City Clerk shall be filed In the the second insertion on the day of 19 —
office of the Recorder of the
County and recorded in the ,
Deed Records of the county. the third insertion on the day of 19 —
PASSED AND APPROVED the fourth insertion on
tha f 19
this 18th dayof May yo
, 1999.
APPROVED:
u Br/General Manager
Fred Hanna, Mayor Sworn to and subscribed before me on this day of
ATTEST:
By:
Heather Woodruff. City Clerk
EXHIBIT *A" Notary Public, State of Arkarlsas ,
Notary Public
LEGAL DESCRIPTION FOR >)1 Wra.Shin$tOnCFlunty 7p5
VA996 S` M Commission EtcPiro . . <
My Commission Expires: 1 Y�zccccceekkkare.l!
A pan of Lot 11 of Savanna Es- 2(aaaCaaaa(aalala
tates Subdivision Phase 1 and
being more particularly descri-
bed as follows; Commencing at Fees for Printing the NE Corner of said Lot 11 , g...................................:...................$
thence WEST 7.04 Feat,
thence
the P.O.BOthe SOUTH 65.44
S09 Feet -E Cost of Proof........................................................ .....$
12.00 Feet, thence S80 �^
11'52'W 8.00 Feet, thence N09
48'086W 12.00 Feet. thence Total..........................................................................$ ' A �
N80 11'52'E 8.00 Feet, to the
P.O.B.; and also commencing
at the NE Corner of said Lot 11
thence WEST 15.00 Feet,
thence SOUTH 90.07 Feet to
the P.O;B% thence SOUTH
21 .62 Feet, thence S45 W
11 .84 feet, 'tfhence WEST 24.29
Feet, thence N45 W 10.38
Feet, thence NORTH 12.66
Feet, EAST 30.00 Feet, thence
NORTH 00 Fee feel, thence
EAST 10.00 Feet to the P.O.B.
l`,
i D /20
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of May 18 , 1999 .
��Z � � �L1V1fE1�
FROM :
Tim Conklin Planning Public Works
Name Division Department
ACTION REQUESTED : To approve an ordinance for VA99-6 vacating a utility easement
located at 3385 Natchez Trace as requested by the Keith and Yvonne Burns for a
specified portion of an alley located to the south and east of Lot 11 , Savanna
Estates Subdivision , Phase I .
COST TO CITY :
Cost of this request Category/ Project Budget Category/ Project Name
Account Number Funds used to date Program Name
Project Number Remaining balance Fund
BUDGET REVIEW: Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY :
Ac ntin nager Date ADA Coordinator Date
City f At yDate Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : This item will be considered by the Planning Commission at
their regular meeting of May 10 , 1999 . Their recommendation and minutes will be
forwarded to the City Council .
el- 30 -99 Cross Reference
QAdminfsJ*
e l.� Date
S-d�f
ector pate New Item : Yes No
tiv Services LDate Prev Ord/Res# :
Direg r
Mayo 4e Orig Contract Date :
i
April 19, 1999
Keith and Yvonne Burns
3385 Natchez Trace
Fayetteville, AR 72703
582-4142
Attached you will find the required forms needed for a
utility easement vacation. All the utility companies
have stated that they have no objections to our request
and all adjacent neighbors also have no objections.
We would like to ask Alen Little or Dawn
Warrick that this utility easement vacation request
be reviewed at the city meeting scheduled for
May 18`'' . This would really be appreciated as we would
like to get started on our pool as soon as possible.
If you have any questions please contact us or Dave Jorgensen
at 442-9127 . Thank you.
Sincerely,
Ke th and Yvonne Burns
J12.W �4"B'E
'
GIN 7-yOLD NE CORNER
3 OFLOTIIN50P.O.B. ES09.4BVB'E 12.ar3' f80S
AST P.O.B.EAST30. 10' WEST2.12'
NORTHSOUDS2l.62• LEGEND
2.66•
O SET IRON PIN
Nt5- f43W 11.86'
10.36 WEST 24.27
9� SPS 12 1
PHASE 1 PHASE 3 LLE . P 1AY36JWNIFERMCCLE AND 18]22
2409 JANE CIRCLE D0. F. MICHAEL 6 W2ABETII S. °RUNNER
FAYETTEVILLE. AR. p4]2] 2933 WIWAMSBU RG W.
FAYETTEVIU.E. A0. ]2]03
50' RNv NATCHEZ TRACE
10 4' SIDEWALK
PHASE
0 1T EAST 131 .17'
2 5' SIDEWALK OLD PROPERTY
h LINE
0w S/B 6 UE N
o PHASE 343
i p
oNC
8 w 14.00'00' RIVE I 18753
R-219.33 wCLIFFORD B. 4. LEE Q. ALLEN
3 7=30900' I p 3413 NATCHEZ TR
M ,,, � L-59.69' EXISTING I h FAYflT"V AR. 72703
tl ZF ? Q HOUSE Om
L L/)
ELECTRIC LINE
C. WOOD
1 ✓/� ROCK W TELEPHONE PED.
eo n SOUTH
3 3 4.00'
1.66' D 4
W J M1 N
:p MT. SI4'43119-E
? Z D TELE. LINE 38.78'
qp � - TELE. LINE
d O U.E.
FL CREEK \ MANHOLE
LL
E = ALL 4-1.43ro ' - - - - - SOL: TH
o - � R-839. SEWER LINE 29.
T-12.22' \
LEGAL DESCRIPTION: L-24'43'
S89'31'024W 130.16' 22 D PROPERTY
Lot 11, Savanna Estates Subdivision, Phase 1, Fayetteville, Arkansas, as per plat of said PHASE 2 U
subdivision recorded In the Off-ice ffi
ce of the Circuit Clerk and Ex-Ocio Recorder of te069
Washington County. Arkansas. MICHAEL F. s TERESA G. HEINruAAN
2384 CHARLEIr0N CROSSING
FAYETTEVILLE. A0. 72303
JORGENSEN & ASSOCIATES , INC .
`, 41STEh ,; ENGINEERS
¢%`STATE OF`':� SURVEYORS
ARKANSAS
=•tr !
NO. 1118 o_ 2013 GREEN ACRES RD.
= o FAYETTEVILLE, -AR -72703
. •Tl _ _ PH 501 -442-9127
� CT1 •:y �,; .> ; FAX 501 -582-4807
P ',h
SCALE: I " =40' JOB tt: CHECKED BY: DRAWN BY: BJR
LA110 DATE: py1PRIL99 DLJ 0ALCT5\8URMU)T.DwD
PROPERTY SURVEY FOR KIETH BURNS
VA99- 6 . 00 - Burns - One Mile Diameter
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1400 0 1400 Feet
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VA99- 6 . 00 - Burns - Close Up
R-1 R-1
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R-1 2 R-1
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N 100 0 100 Feet
E
S
PETITION TO VACATE A PORTION OF A UTILITY AND DRAINAGE
EASEMENT LOCATED ON LOT 11 OF SAVANNA ESTATES SUBDIVISION,
PHASE I, CITY OF FAYETTEVILLE, ARKANSAS,
To: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being the owners of the real estate abutting the easement hereinafter
sought to be abandoned and vacated,on Lot 1 I of Savanna Estates Subdivision Phase I to
the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a portion of
an easement which is described as follows:
A part of Lot 11 of Savanna Estates Subdivision Phase 1 and being more particularly
described as follows; Commencing at the NE Corner of said Lot 11 , thence WEST 7. 04
Feet, thence SOUTH 65.44 Feet to the P.O.B. thence S 09°48 '08'T 12.00 Feet, thence S
q,
80' 11 '52"W 8.00 Feet, thence N 09°48 '08"W lr 2 00 Feet, thence N 80' 1 1 '52"E 8.00
Feet, to the P.O.B. ; and also commencing at the NE Comer of said Lot 11 thence WEST
15 .00 Feet, thence SOUTH 90.07 Feet to the P. O.B. thence SOUTH 21 .62 Feet, thence S
450W 11 .84 Feet, thence WEST 24.29 Feet, thence N 45°W 10.38 Feet, thence NORTH
12.66 Feet, EAST 30.00 Feet, thence NORTH 10.00 Feet, thence EAST 10.00 Feet to the
P.O.B.
The petitioners request that the City of Fayetteville, Arkansas abandon and vacate the
above described easement.
The petitioner further request that the above described easement be vested in the abutting
property owner 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
and that title to said real estate sought to be abandoned by vested in the abutting property
owner as provided by law, and as to that particular land the owner be free from the
easements of the public. GJ�
Dated this_ l� day of 19 /
J
e th B4iuir �/ `
nsDie
FnneBurnsA===� D e /S