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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 R- R-2 R-1 R-1 R-2 R-1.5 R-2 SWEETBRIAR CA BIRDIEC R-1 ELAINE R-1 E J 5 RON R-1 A-1 V R-1 z m P A-1 R-1 A-1 1 Al SU 0J R-7 A-1 DE R 1 R-1 �? IN R-1 R. rn 1pLfWOOD ) O$ R-1 P/PFR G A RA MPS R-1 A-1 - 1 I O R-1 I � - pN R-1 1 R-1 R- 1 TALL O R-1 R-1 -2 R-1 m 1 GOLDEN OAKS R-1 P-1 w R-1 R-1 R-1� R-2 m R-0 R1 � P1. C-1 CA OAS5109 R-1 G1 -0 AA R-2 1400 0 1400 Feet N E S VA99- 6 . 00 - Burns - Close Up R-1 R-1 m p R-1 R-1 2 R-1 A O N �G R-1 R-1 R-1 R- NATCHEZ TRACE R-1 R-1 R-1 . R-1 R-1 R-1 R-1 R-1 U Z U) U) R-1 U Z O R-1 J R-1 R-1 Q U 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