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HomeMy WebLinkAboutOrdinance 4250 V FILED FOR RECORD ORDINANCE NO. 4250 ' 00 PUG 3 Pel 2 45 AN ORDINANCE APPROVING VA00-4.00 TO VACATE AND ABANDON PORTIONS OF ABANDONED WATERIYIIl4BINGTON CO AR EASEMENTS LOCATED ON LOT 19 OF CMN BUSINESS HARNESS PARK, AS SUBMITTED BY HENRY KELLEY, JR.OF MILLSAP ROAD INVESTMENTS. ' 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 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 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 easements: 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. Section 3. That the above is contingent upon receiving the following: Dedication of a 15' water/sewer easement to be located adjacent to the existing 25' utility easement on the east side of lot 19 from the south lot line to the north approximately 140 feet. �f' 'ASND APPROVED this 5th day of July , 2000. y I ;, s• '" APPROVED: �. . gy IIVIA�- tV" red Hanna, Mayor ATTEST: By Heather WoodruTf, City Clerl ord 4250 EX �EfoQ o� EXHIBIT "A" EXHIBIT A V/ No. 1 Final Vacation of Easement filed as Bok 451 , Page 600: A strip of land over a portion of Lot 19 of CMN Business Park, said strip being 17.5 feet on both sides of an abandoned water line, the centerline of which being more particularly described as follows: Beginning at a point South 87° 12'24" West 136.55 feet from the Southeast comer of said Lot 19; thence North 24°40'33" East 161 .50 feet to the end of said easement vacation. This vacation, along with Ord. 2899 and Ord. 4238 deletes all interest of the City of Fayetteville, Arkansas, in the original easement, filed of record in Book 451 , Page 600, Washington County, Arkansas, as granted by Elo Michaelis and LeBelle Michaelis. No. 2 V" ation of a Portion Easement filed as Book 729, Page 295 : A stip of land over a portion of Lot 19 of CMN Business Park, said strip being 15.0 feet on both sides of an abandoned water line, the centerline of which being more particularly described as follows: Beginning at apoint which is North 02 °38' 19" East 135 .00 feet and North 87° 12'24" West 40.00 feet from the Southeast corner of Lot 19; thence North 87° 12'24" West 60.00 feet to the end of this easement vacation, said point also being the West end of the easement as filed of record in Book 729 at Page 295, Washington County, Arkansas. M X __ W I, Kathleen Harness, Circuit Clerk and Ex-officio Recorder for Washington County, Arkansas, do hereby certify that this Instrumcnt Waa filed for record in my office as Indicated horson and the flame is now duty recorded with the acknowledgement and certificate thereon In Record Book and Page as Indicated thereon. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the offal of said Court on the date Indi- cated hereon. Kathleen Harness Circuit Clerk sag,E%•Oli 1 FB60ftle��f / w o NAME OF FILE: �///�/ix/J�drl ��/� • /�/ J~G CROSS REFERENCE: Date Contents of File Initials r��KA7 / dd G'D D ORDINANCE NO. AN ORDINANCE APPROVING VA00-4.00 TO VACATE AND ABANDON PORTIONS OF ABANDONED WATER LINE EASEMENTS LOCATED ON LOT 19 OF CMN BUSINESS PARK, AS SUBMITTED BY HENRY KELLEY, JR. OF MILLSAP ROAD INVESTMENTS. 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 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 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 easements: 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. Section 3. That the above is contingent upon receiving the following: Dedication of a 15' water/sewer easement to be located adjacent to the existing 25' utility easement on the east side of lot 19 from the south lot line to the north approximately 140 feet. PASSED AND APPROVED this day of 2000. APPROVED: By Fred Hanna, Mayor ATTEST: By Heather Woodruff, City Clerk EXHIBIT "A" No. I Final Vacation of Easement filed as Bok 451 , Page 600: A strip of land over a portion of Lot 19 of CMN Business Park, said strip being 17.5 feet on both sides of an abandoned water line, the centerline of which being more particularly described as follows: Beginning at a point South 87° 12'24" West 136.55 feet from the Southeast corner of said Lot 19; thence North 24°40'33" East 161 .50 feet to the end of said easement vacation. This vacation, along with Ord. 2899 and Ord. 4238 deletes all interest of the City of Fayetteville, Arkansas, in the original easement, filed of record in Book 451 , Page 600, Washington County, Arkansas, as granted by Elo Michaelis and LeBelle Michaelis. No. 2 Vaction of a Portion Easement filed as Book 729, Page 295 : A stip of land over a portion of Lot 19 of CMN Business Park, said strip being 15.0 feet on both sides of an abandoned water line, the centerline of which being more particularly described as follows: Beginning at a point which is North 02°38' 19" East 135.00 feet and North 87° 12'24" West 40.00 feet from the Southeast comer of Lot 19; thence North 87° 12'24" West 60.00 feet to the end of this easement vacation, said point also being the West end of the easement as filed of record in Book 729 at Page 295, Washington County, Arkansas. Planning Commission Minutes June 12, 2000 P�y � Page 2 Com Brut CONSENT AGENDA: Approval of minutes from the May 22, 2000 meeting. AD 00-17.00: Administrative Item (Garroutte, pp 137) was submitted by Rick Garroutte for property located at 2108 & 2110 Cinnamon Way, lot 11 Missouri Oaks Subdivision. The property is zoned R-2, Medium Density Residential. The request is for a triplex on a lot that was limited to a duplex by the final plat. LSD 00-7.10: Large Scale Development/P.U.D. (Indian Springs phase 11, pp 372) was submitted by Dave Jorgensen of Jorgensen & Associates on behalf of Sweetser Properties for . .property located south of Hwy 45 and west of Madison Drive. The property is zoned R- 1 , Low Density Residential and contains approximately 3 .20 acres with 18 units proposed. VA 004.00: Vacation (Millsap Road Investment, pp 213) was submitted by Henry Kelly, Jr. of Millsap Road Investments for property located at 655 Millsap Road. Lot 19 of CMN Business Park Phase I. The property is zoned C-2, Thoroughfare Commercial and contains approximately 2.58 acres. The request is to vacate a portion of an existing water line easement within lot 19. VA 00-5.00: Vacation (Wiggins Memorial United Methodist Church, pp 523) was submitted by Harvey Luttrell on behalf of Wiggins Memorial United Methodist Church for property located at 205 W. 6'. The property is zoned R-2, Medium Density Residential and contains approximately 0. 18 acres. The request is to vacate a portion of the City right of way. VA 00-6.00: Vacation (Stevens, pp 521) was submitted by Joe and Angela Stevens for property located on Old Farmington Road between Beechwood and Eastern. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 0.23 acres. The request is to vacate a portion of Old Farmington Road. Odom : Good evening and welcome to the June 12, 2000 meeting of the Fayetteville Planning Commission. The first thing that needs to be brought to everyone's attention is that at the Agenda Session, Item 6 that is on the agenda, AD 00- 19.00 Administrative Item appeal of the Floodplain Development Permit and Grading Permit for LSD 00-5 Steele Crossing has been pulled from the agenda and will instead be heard at a special Planning Commission Meeting a week from today, June 19, 2000 at 5 :30 pm here in this room. We have five items on the consent agenda today. The first item is the approval of the minutes of the May 22, 2000 meeting. The second is AD00-17 submitted by Rick Garroutte, and I apologize if I pronounced that wrong, for property located at 2108 & 2110 Cinnamon Way, lot 11 Missouri Oaks Subdivision. The property is zoned R-2, Medium Density Planning Commission Minutes June 12, 2000 Page 3 Residential. The request is for a triplex on a lot that was limited to a duplex by the final plat. Item two is LSD 00-7. 10 submitted by Dave Jorgensen of Jorgensen & Associates on behalf of Sweetser Properties for property located south of Hwy 45 and west of Madison Drive. The property is zoned R-1 , Low Density Residential and contains approximately 3 .20 acres with 18 units proposed. The third item is VA 00-4.00 submitted by Henry Kelly, Jr. of Millsap Road Investments for property located at 755 Millsap Road. Lot 19 of CMN Business Part, Phase I . The property is zoned C-2, Thoroughfare Commercial and contains approximately 2.58 acres. The request is to vacate a portion of an existing water line easement within lot 19. Item number 4 is VA 00-5.00 submitted by Harvey Luttrell on behalf of Wiggins Memorial United Methodist Church for property located at 205 W. 61 . The property is zoned R-2, Medium Density Residential and contains approximately 0. 18 acres. The request is to vacate a portion of the city right-of-way. The fifth item on the consent agenda is VA 00-6.00 submitted by Joe and Angela Stevens for property located on Old Farmington Road between Beechwood and Eastern. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 0.23 acres. The request is to vacate a portion of Old Farmington Road. These items on the consent agenda will be approved by the Commission unless a member of the Commission or the audience wishes to pull an item to discuss it individually. PUBLIC COMMENT & COMMISSION DISCUSSION: Odom: Does any member of the Commission or the audience wish to pull any of the items on the consent agenda? Marr: Mr. Chair, just a question. Is the only change on item three which we received a revised copy? Odom: Item three, there was a change by the staff and it is my understanding there was an agreement by the applicant that that change was acceptable. Conklin: That is correct. We do have signed conditions of approval on every consent item on the agenda. Odom: Any further questions? Call the Roll. ROLL CALL: Upon roll call the motion to approve the consent agenda carries unanimously 9-0-0. VA 00-04.00 Page I P.C. Meeting of 12 June 2000 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS Waterline Easement Vacation 113 W. Mountain St. Millsap Road Investment Co. Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner FROM: Ron Petrie, P.E. , Staff Engineer DATE: June 12, 2000 Project: VA 00-04.00: Easement Vacation (Milsap Road Investment Co., Inc., pp 213) was submitted by Henry Kelly, Jr. of Flake & Kelly Management, Inc. for property located at Lot 19, CMN Business Park. The property is zoned C-2, Thoroughfare Commercial, and contains approximately 1 . 857 acres. The request is to vacate a 30' and a 35' water easement located across Lot 19. The waterline in this easement was previously abandoned. Please refer to the attached drawings for exact location and dimensions . The applicant has submitted the required notification forms to the utility companies and to the City . The results are as follows: Ozarks Electric - Not applicable. Southwestern Electric Power Company - Not applicable . Arkansas Western Gas - Not applicable. SW Bell - Not applicable. Cox Communications - Not applicable. City of Fayetteville: Water/Sewer - No objections provided that a 15 ' water & sewer easement be dedicated that is adjacent to the existing 25 ' utility easement on the east side of Lot 19 from the south lot line to the north approximately 140 feet. Street Department - Not applicable. Solid Waste - Not applicable. Recommendation: Approval of the requested easement vacation subject to the dedication of a 15 ' water/sewer easement to be located adjacent to the existing 25 ' utility easement on the east side of Lot 19 from the south lot line to the north approximately 140 feet. VA 00-04.00 Page 1 PLANNING COMMISSION ACTION: yes Required Approved Denied Date: 06 / 12 / 00 Comments: CITY COUNCIL ACTION: yes Required Approved Denied Date: The "CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted in total without exception by the entity requesting approval of this development item. by title date VA00-4. 00 . Millsap Road Investments Lot 19 . 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( 1C R.2 \\ �2 `�' Od R-1 R-1 JOCELVN N ( / SII WENDARnnw K R __- 1400 0 1400 Feet N W E s n. FLAKE & KELLEY MANAGEMENT Specialists in Leasing, Property Management, and Real Estate Consulting May 24, 2000 Mr. Edward D. Connell City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Dear Mr. Connell: Enclosed please find the fully executed Petition and the Water/Sewer Easement Agreement for Lot 19 of CMN Business Park. Thank you for your assistance in this matter. President/CEO HK:skb 000524.ec TCBY Tower, Suite 300 • 425 West Capitol Avenue • Post Office Box 990 • Little Rock, Arkansas 72203 (50))375-3200 • Telefax (501)374-9537 • Home page: www.flake-kelley.com PETITION PETITION TO VACATE PORTIONS OF TWO EASEMENTS LOCATED IN LOT 19 OF CMN BUSINESS PARK, CITY OF FAYETTEVILLE, ARKANSAS To: The City of Fayetteville Planning Commission and The Fayetteville City Council I, Henry C. Kelley Jr., being the managing member of the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in Lot 19, CMN Business Park, City of Fayetteville, Arkansas, petition to vacate easements which are described as follows: No. 1 Final Vacation of Easement filed as Book 451, Page 600: A strip of land over a portion of Lot 19 of CMN Business Park, said strip being 17.5 feet on both sides of an abandoned water line, the centerline of which being more particularly described as follows: Beginning at a point South 87° 12' 24" West 136.55 feet from the Southeast corner of said Lot 19; thence North 24° 40' 33" East 161.50 feet to the end of said easement vacation. This vacation, along with Ord. 2899 and Ord. 4238 deletes all interest of the City of Fayetteville, Arkansas, in the original easement, filed of record in Book 451, Page 600, Washington County, Arkansas, as granted by Elo Michaelis and LeBelle Michaelis. No. 2 Vacation of a Portion Easement filed as Book 729, Page 295: A strip of land over a portion of Lot 19 of CMN Business Park, said strip being 15.0 feet on both sides of an abandoned water line, the centerline of which being more particularly described as follows: Beginning at a point which is North 02° 38' 19" East 135.00 feet and North 87° 12' 24" West 40.00 feet from the Southeast corner of Lot 19; thence North 87° 12' 24" West 60 feet to the end of this easement vacation, said point also being the West end of the easement as filed of record in Book 729 at Page 295, Washington County, Arkansas. That the abutting real estate affected by said abandonment of the easements are the office building located on Lot 18 and Lot 19, CMN Business Park and owned by the undersigned and Lot 17, CMN Business Park on the South side, also owned by the undersigned. The public interest in the water lines, now abandoned, and the associated easements, was in use for many years (original raw water line from Lake Fayetteville) and the public interest and welfare would not be adversely affected by the abandonment of the requested portions of easements as described hereinabove. PETITION OF VACATION Page 2 of 2 The petitioners pray that the City of Fayetteville, Arkansas abandoned the use and vacate their interest in the real estate as described hereinabove, however, any other easements, for whatever stated purposes the case may be, shall remain in full force and effect over, under or across any and all abandoned easements. Any other easements of the total property shall also remain in full force and effect. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate in favor of the listed property owner. Dated this ZZ/ Day of f' , 2000 Henry C. Kelley Jr.. Managing Member. Millsap Road Investment Company. LLC Printed Name are 1/¼L�4a,, Printed Name Signature PETITION PETITION TO VACATE PORTIONS OF TWO EASEMENTS LOCATED IN LOT 19 OF CMN BUSINESS PARK, CITY OF FAYETTEVILLE, ARKANSAS To: The City of Fayetteville Planning Commission and The Fayetteville City Council I, Henry C. Kelley Jr., being the managing member of the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in Lot 19, CMN Business Park, City of Fayetteville, Arkansas, petition to vacate easements which are described as follows: No. 1 Final Vacation of Easement filed as Book 451, Page 600: A strip of land over a portion of Lot 19 of CMN Business Park, said strp'being 17.5 feet on both sides of an abandoned water line, the center line of ich being mortpaicularly described as follows: Beginning at a point'Soath 87° 12' 24" Wes(216.d feet from the Southeast corner of said Lot 19; thenceforth 24° 40'-33" Ea 61.50 feet to the end of said easement vacation. This vacation, along with Ord. 2899 and Ord. 4238 deletes all interest of the City of Fayetteville, Arkansas, in the original easement, filed of record in Book 451, Page 600, Washington County, Arkansas, as granted by Elo Michaelis and LeBelle I / Michaelis. No. 2 Vacation of a Portion Easement filed as Book 729, Page 295: A strip of land over a portion of Lot 19 of CMN Business Park, said strip being 15.0 feet on both sides of an abandoned water line, the center line of which being more particularly described as follows: Beginning at a point which is North 02° 38' 19" East 125 feet and North 87° 12' 24" West 40.00 feet from the Southeast corner of Lot 19; thence North 87° 12' 24" West 60 feet to the end of this easement vacation, said point also being the West end of the easement as filed of record in Book 729 at Page 295, Washington County, Arkansas. That the abutting real estate affected by said abandonment of the easements are the office building located on Lot 18 and Lot 19, CMN Business Park and owned by the undersigned and Lot 17, CMN Business Park on the South side, also owned by the undersigned. The public interest in the water lines, now abandoned, and the associated easements, was in use for many years (original raw water line from Lake Fayetteville) and the public interest and welfare would not be adversely affected by the abandonment of the requested portions of easements as described hereinabove. PETITION OF VACATION Page 2 of 2 The petitioners pray that the City of Fayetteville, Arkansas abandoned the use and vacate their interest in the real estate as described hereinabove, however, all other easements, for whatever stated purposes the case may be, shall remain in full force and effect over, under or across any and all abandoned easements. Any other easements of the total property shall also remain in full force and effect. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate in favor of the listed property owner. Dated this Day of 2000 Henry C. Kelley Jr. Managing Member, Millsap Road Investment Company. LLC Printed Name Signature Printed Name Signature PETITION OF VACATION Page 2 of 2 The petitioners pray that the City of Fayetteville, Arkansas abandoned the use and vacate their interest in the real estate as described hereinabove, however, all other easements, for whatever stated purposes the case may be, shall remain in full force and effect over, under or across any and all abandoned easements. Any other easements of the total property shall also remain in full force and effect. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate in favor of the listed property owner. Dated this Day of , 2000 Henry C. Kelley Jr Managing Member, Millsap Road Investment Company. LLC Printed Name Signature Printed Name Signature Henry C. Kelley, Jr., Managing Ment® WATER/SEWER EASEMENT • ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Henry C. Kelley, Jr., to me well known as the person who executed the foregoing document, and. who stated and acknowledged that he is a Managing Member of the Millsap Road Investment Company, LLC, an Arkansas limited liability company and is duly authorized in his capacity of to execute the foregoing instrument for and in the name of and on behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this ___yL day of , 2000. �N, BElt�q� 11OTAF?)' MY COMMISSION EXPIRES: `• L21o4Jj I, DAD � •f... ADDENDUM TO WATER/SEWER EASEMENT This Addendum to Water/Sewer Easement ("Addendum') is executed and delivered by Millsap Road Investment Company, LLC (called "Grantor") as an addendum to that certain Water/Sewer Easement (the "Easement') from Grantors to the City of Fayetteville, Arkansas, a municipal corporation, ("Grantee") dated of even date herewith and to which this Addendum is attached. This Addendum shall be deemed a part of the Easement and shall be read and interpreted in conjunction therewith. In consideration of the covenants set forth herein, the consideration recited in the Easement, and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Access to Easement Lands. As more particularly set forth in the Easement, Grantors conveyed to Grantee that certain water and sewer line easement over and across the lands described in the Easement under the heading "Permanent Easement Description" (the "Easement Lands'). Grantee's rights with respect to that part of Lot No. 17, CMN Business Park Subdivision to the City of Fayetteville, Arkansas (the "Lot') situated outside of the Easement Lands is limited to a right of ingress and egress across the Lot for reasonable access to the Easement Lands for the uses and purposes set forth in the Easement. The limitation set forth in this paragraph shall not reduce or otherwise effect Grantee's rights with respect to the General Utility Easements set forth on the recorded plat of the Lot. 2. Repair of Ground Surface. Grantee, at its expense, shall fill any excavations on the Easement Lands and return the surface of the land to the same grade and flush with existing soil. Grantee shall use ground cover or other satisfactory materials to prevent erosion and washing of soil and replace any existing grass and shrubs damaged by Grantee's exercise of its rights under the Easement. Grantee's obligations under this paragraph are in addition to those set forth in the Easement. 3. Notice of Blasting. Grantee shall provide written notice to Grantors prior to its commencing construction on the Easement Lands and further prior to commencing any blasting or other work on the Easement Lands that may cause vibrations detectable outside the Easement Lands. Such notice shall be delivered by personal delivery, facsimile transmission or U.S. Mail for receipt at least two days prior to beginning such work and shall be transmitted to the following: Mr. Henry C. Kelley, Jr., 755 Millsap Road LLC, Millsap Road Investment Company, LLC, 425 West Capitol Avenue, Suite 300, Little Rock, Arkansas 72201, telephone: 501-375-3200, fax: 501-374-9537. 4. Entire Agreement: Binding Effect. This Addendum and the Easement contain the entire understanding of the parties with respect to the matters set forth in such documents. The Easement and this Addendum shall bind and inure to the benefit of Grantors, Grantee and their respective successors and assigns. Millsap Road Investment Company, LLC By: Henry C. Kell , Jr., Member Supplemental Water/Sewer Easement Parcel No. 765-18534-000 Lot 19, CMN Business Park • WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Millsap Road Investment Company, LLC, an Arkansas limited liability company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent water/sewer easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: Lot No. 19, CMN Business Park Subdivision to the City of Fayetteville as per final plat of said subdivision on file in Plat Book 12, Page 92 real eastate records with the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas A permanent Water/Sewer Easement described as a strip of land 15 feet in equal and uniform width, being adjacent to and contiguous with the western side of the platted General Utility Easement situated on the east boundary line of the above referenced Lot No. 19, CMN Business Park subdivision to the City of Fayetteville, Arkansas, said lot being located in the Northwest Quarter (NW/4) of the Southeast Quarter (SE/4) of Section 26, Township 17 North, Range 30 West, Washington County, Arkansas, such easement being more particularly described as follows: Beginning at a point which is North 02° 38' 19" East 10.00 feet and North 87° 12' 24" West 25.00 feet from the Southeast comer of said Lot 19, said point being at the intersection of the platted General Utility Easements on the south and east boundary lines of Lot 19; thence North 02° 38' 19" East 140.00 feet to the north side of a permanent water line easement as filed in Book 729 at Page 295; thence along the north line of said water line easement North 87° 12' 24" West 15.00 feet; thence South 02° 38' 19" West 140.00 feet; thence South 87° 12' 24" East 15.00 feet to the Point of Beginning, containing 2,100 square feet (0,048 acre), more or less, together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantors are to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water, and to pay any damages which may arise to growing crops or fences from the construction, maintenance and operation as determined by three disinterested persons. One thereof to be appointed by the said Grantors; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of such three persons shall be final and conclusive. It is expressly understood that the above easement shall exclude any permanent structure located within said easement area at the time of the execution of this document. The Grantors agree not to erect any buildings or structures in said permanent easement other than fences and said fences shall not exceed six (6) feet in height. The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantors by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the 23 day of '�14` , 2000. Millsap R6adInvestment ewlbe FASTETTEVI?L THE CITY OF FAYETTEVILLE, ARKANSAS May 10, 2000 Mr. Hank Kelley, President Flake & Kelley Management Company P. O. Box 990 Little rock, AR 72203 Re: Millsap Road Investment Company, LLC Lot 19, CMN Business Park Water Line Easement and Vacation Dear Mr. Kelley: After our telephone conversation last Friday (May 5th, 2000), I reviewed the circumstances surrounding the vacation of a waterline easement that went diagonally across Lot 17 and Lot 19 of the subject business park. Initially, you submitted a request to abandon such line and vacate the easement across both Lot 17 and Lot 19. According to the City Water/Sewer Maintenance Superintendent, the East-West portion of an intersecting line and easement was still alive for about 100 feet into the East side of Lot 19. So as not to have the entire request denied, the petition was modified to include only Lot 17 since all of the push from various sources were on that lot. You were informed of this modification during a phone conversation with the undersigned. The vacation across Lot 17 was approved by the Planning Commission as well as the Fayetteville City Council, contingent upon your acceptance of supplemental 15 ft. Water/Sewer Easements on the South and East side of Lot 17. To date, we have not received those documents. On Monday of this week, we again reviewed the status of the water lines that go into the middle of Lot 19. Although there is no record of such, we did find one of our Water/Sewer Division personnel who recalled being called out one midnight to shut the water off so that a contractor could cap the 16" East-West water line about 15-20 feet inside the East property line of Lot 19. The outcome of this is we can now request a vacations of the SW -NE portion of the old easement as well as the West 60 feet portion of the E -W easement, leaving about 40 feet of said easement (30' wide) entering the East side of Lot 19. Although I do not know when a new 16'718" water line may be constructed along the East side of Lots 19 &17, the City is requiring an additional 15 foot wide Water/Sewer easement to the west of.the existing 25 ft. platted general utility easement on Lot 19, similar to and to correspond with the easement for Lot 17. I am informed that the vacation for Lot 19, as described in the attached PETITION document, will not be submitted to the Planning Commission or City Council until we are in receipt of the signed Water/Sewer Easement documents for each lot. Included you will find W/S easement document for Lot 19. This document has been prepared, with the inclusion of an "Addendum", as requested by Mr. Schallhorn, so as to be consistent with the Document for Lot 17. 113 WEST MOUNTAIN 72701 501 521.7700 FAX 501 575-8257 Mr. Henry C. Kelley Jr. Lot 19, CMN Business Pk Easement Vacation Page 2 of 2 We need separate documents because the title and ownership interest is in the names of different entities. We will have to go through the entire procedure again for this vacation. Please sign the previous easement sent to Scott Schallhorn on April 26, 2000 for Lot 17. Included is W/S easement document for Lot 19. Please return them to me as soon as possible. I can refrain from recording such easements until after Lot 19 vacation is complete, if you so desire. We try to present copies of the executed documents to the commission and the council to help out in attaining the requested vacations. We also need your signature on the enclosed petition. This vacation will be at no cost to you from the standpoint of the City normal charges. If you have any questions or comments, please give me a call at (501) 444-3415. Sincerely yours, /4i Edward D. Connell L City Land Agent cc: Mr. Scott Schallhorn Enclosure \edc C. Si N.87. 402 4rrW §0� 12i5' - - --- -------------- -S&26-17-30 Data and Deed Call Listing of File: CMN-19.DES +Tract 1: 17.453 Acres: 70631.4 Sq Meters: No significant closure error. Perimeter = 3745 feet -Tract 2: 1.970 Acres: 85806 Sq Feet: 7971.6 Sq Meters: No significant closure error. : Perimeter = 1242 feet -Tract 3: 1.857 Acres: 80889 Sq Feet: 7514.9 Sq Meters: No significant closure error. : Perimeter = 1158 feet -Tract 4: 0.382 Acres: 16658 Sq Feet: 1547.6 Sq Meters: Closure = s89.5548w 0.95 feet: Precision =1/2112: Perimeter= 2012 feet -Tract 5: 0.188 Acres: 8173 Sq Feet: 759.3 Sq Meters: No significant closure error.: Perimeter = 1120 feet -Tract 6: 0.867 Acres: 37750 Sq Feet: 3507.1 Sq Meters: Closure = n65.1359w 1.18 feet: Precision =1/677: Perimeter = 796 feet -Tract 7: 0.182 Acres: 7946 Sq Feet: 738.2 Sq Meters: Closure = n65.1102w 1.18 feet: Precision =11450: Perimeter = 529 feet -Tract 8: 0.000 Acres: 0 Sq Feet: 0.0 Sq Meters: Closure = s87.1224e 760.00 feet: Precision =1 / 1: Perimeter = 760 feet -Tract 9: 0.523 Acres: 22801 Sq Feet: 2118.3 Sq Meters: No significant closure error. Perimeter = 1582 feet -Tract 10: 0.247 Acres: 10745 Sq Feet: 998.2 Sq Meters: No significant closure error. : Perimeter = 1127 feet -Tract I I : 0.048 Acres: 2100 Sq Feet: 195.1 Sq Meters: No significant closure error.: Perimeter = 310 feet -Tract 12: 0.041 Acres: 1800 Sq Feet: 167.2 Sq Meters: No significant closure error.: Perimeter= 182 feet -Tract 13: 0.000 Acres: 0 Sq Feet: 0.0 Sq Meters: Closure = s24.1223e 168.20 feet: Precision =1/ 2: Perimeter = 298 feet Tract 14: 0.130 Acres: 5653 Sq Feet: 525.2 Sq Meters: No significant closure error. : Perimeter = 398 feet Net Area= 11.148 Acres: 485604 Sq Feet: 45114.0 Sq Meters 001=/N87.1225W 658.42 002=/N87.1225W 222.73 003=S87.1225E 881.15 004=NO2.3819E 1185.01 005=N87.1224W 402 006=524.4033w 1277.02 007=@l Tr2-Lot 17 008=/N87.1225 W 658.42 009=NO2.3819E 210.00 010=N87.1224W 416.39 011=s02.0929e 139.99 012=502.4754W 70.53 013=S87.1225E 404.88 014=@1 TR#-Lot 19 015=/N87.1225W 658.42 016=/NO2.3819E 210.01 017=/N87.1224W 216.60 018=587.1224E 216.60 019=NO2.3819E 346.83 020=N87.0600W 157.66 021: LL R-103&25. M-93.34 022=sO2.5404e 344.89 023=@2 TR4-lot 17 plat esmt. 024=NO2.3819E 210 025=N87.1224W 416.39 026=S02.4754E 10 027=S87.1224E 391.39 028=S02.3819W 180 029=N87.1225W 379.82 030=502.4754W 20 031=s87.1225e 404.88 032=@2 TR5-lot 17 new w/s Easement 033=/NO2.3819E 200. 034=/N87.1224 W 25 035=N87.1224W 15 036=S02.3819W 165 037=N87.1225W 364.82 038=S02.4754W 15 039=587.1225E 379.86 040=NO2.3819E 180 041=@2 TR6-Abandoned W/L CL #17 042=/N87.1225W 222.73 043=S87.1225E 222.73 044=NO2.3819E 210 045=N87.1224W 136.55 046=s24.4033w 226.78 047=@2 TR&-417 Abandoned Esement 048=/N87.1225W 222.73 049=s87.1225e 18.90 050=n24.5823e 226.78 051=n87.1224w 37.80 052=s24.4033w 226.78 053=s87.1225e 18.90 054=@I TRS-E-W 16" WL CL 055=/NO2.3819E 345 056=N87.1224 W 760.00 057=@1 TR9-#19-e-wesmt. 058=/NO2.3819E 345 059=nO2.3819e 15.00 060 n87.1224w 753.84 061=s24.5823w 32.40 062=s87.1224e 766.16 063-nO2.3819e 15.00 064=@1 TRI0-Plat esmt -19 065=/N87.1225W 658.42 066=/NO2.3819E 210 067=NO2.3819E 346.83 068=N87.1224W 25 069=s02.4810w 336.88 070=N87.1225W 191.60 071=502.5404E 10.0 072=S87.1224E 216.60 073=@I TRI I -L-19 New Esmt. 074=/N87.1225W 658.42 075=/NO2.3819e 210 076=/N87.1224 W 25 077=/NO2.3819E 10 078=NO2.3810e 140 079=N87.1224W 15 080=502.3819W 140 081=587.1224E 15 082=@1 TR12-E-W Vacation- 19 083=11487.1225w 658.42 084=/NO2.3819e 220 085=/N87.1224W 40 086=/NO2.3819E 125 087=nO2.3819e 15.00 088=n87.1224w 53.93 089=s24.4033w 32.33 090=s87.1224e 66.07 091=nO2.3819e 15.00 092=@1 TR13-NE Vacation - 19 093=/N87.1225W 658.42 094=M0202.3819E3819E 095=N87.1224 W(136.55 096=N24.4033E 1 097=@1 TRI4 19 Esm Vac 098=/N87.1225W 658.42 099=/NO2.3819E 210 100=/N87.1224W 136.55 101=s87.1224e 18.86 102 n24.4033e 161.50 103=n87.1224w 37.72 104=s24.4033w 161.50 105=s87.1224e 18.86 Supplemental Watcr/Sewer Ease Parcel No. 765-18534-000 ' Lot 19, CMN Business Park 0 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Millsap Road Investment Company, LLC, an Arkansas limited liability company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's. successors and assigns, a permanent water/sewer easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: Lot No. 19, CMN Business Park Subdivision to the City of Fayetteville as per final plat of said subdivision on file with the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas PERMANENT EASEMENT DESCRIPTION: A permanent Water/Sewer Easement described as a strip of land 15 feet in equal and uniform width, being adjacent to and contiguous with the western side of the platted General Utility Easement situated on the east boundary line of Lot No. 19, CMN Business Park subdivision to the City of Fayetteville, Arkansas, the plat of said lot filed (or record October 8, 1993, said tot being located in the Northwest Quarter (NW/4) of the Southeast Quarter (SE/4) of Section 26, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly as follows: Beginning at a point which is North 02° 38 19" East 10.00 feet and North 87° 12' 24" West 25.00 feet from the Southeast corner of said Lot 19, said point being at the intersection of the platted South and East boundaries General Utility Easements; thence North 02° 38' 19" East 140.00 feet to the North side of a permanent water line easement as filed in Book 729 at Page 295; thence North 87° 12' 24" West 15.00 feet; thence South 02° 38' 19" West 140.00 feet; thence South 87° 12' 24" East 15.00 feet to the Point of Beginning, containing 2,100 square feet (0,048 acre), more or less, together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantors are to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water, and to pay any damages which may arise to growing crops or fences from the construction, maintenance and operation as determined by three disinterested persons. One thereof to be appointed by the said Grantors; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of such three persons shall be final and conclusive. It is expressly understood that the above easement shall exclude any permanent structure located within said easement area at the time of the execution of this document. The Grantors agree not to erect any buildings or structures in said permanent easement other than fences and said fences shall not exceed six (6) feet in height. The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantors by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of , 2000. Millsap Road Investment Company, LLC C Henry C. Kelley, Jr., Managing Member ' WATER/SEWER EASEM• Page 2 of 3 ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF ) ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Henry C. Kelley, Jr., to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is a Managing Member of the Millsap Road Investment Company, LLC, an Arkansas limited liability company and is duly authorized in his capacity of to execute the foregoing instrument for and in the name of and on behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this _ day of . 2000. MY COMMISSION EXPIRES: Notary Public ADDENDUM TO WATER/SEWER EASEMENT This Addendum to Water/Sewer Easement (Addendum') is executed and delivered by Millsap Road Investment Company, LLC (called "Grantor) as an addendum to that certain Water/Sewer Easement (the "Easement') from Grantors • to the City of Fayetteville, Arkansas, a municipal corporation, ("Grantee') dated of even date herewith and to which this Addendum is attached. This Addendum shall be deemed a part of the Easement and shall be read and interpreted in conjunction therewith. In consideration of the covenants set forth herein, the consideration recited in the Easement, and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Access to Easement Lands. As more particularly set forth in the Easement, Grantors conveyed to Grantee that certain water and sewer line easement over and across the lands described in the Easement under the heading "Permanent Easement Description" (the "Easement Lands'). Grantee's rights with respect to that part of Lot No. 17, CMN Business Park Subdivision to the City of Fayetteville, Arkansas (the tot') situated outside of the Easement Lands is limited to a right of ingress and egress across the Lot for reasonable access to the Easement Lands for the uses and purposes set forth in the Easement. The limitation set forth in this paragraph shall not reduce or otherwise effect Grantee's rights with respect to the General Utility Easements set forth on the recorded plat of the Lot. 2: Repair of Ground Surface. Grantee, at its expense, shall fill any excavations on the Easement Lands and return the surface of the land to the same grade and flush with existing soil. Grantee shall use ground cover or other satisfactory materials to prevent erosion and washing of soil and replace any existing grass and shrubs damaged by Grantee's exercise of its rights under the Easement. Grantee's obligations under this paragraph are In addition to those set forth in the Easement. 3. Notice of Blasting. Grantee shall provide written notice to Grantors prior to its commencing construction on the Easement Lands and further prior to commencing any lasting or other work on the Easement Lands that may cause vibrations detectable outside the Easement Lands. Such notice shall be delivered by personal delivery, facsimile transmission or U.S. Mail for receipt at least two days prior to beginning such work and shall be transmitted to the following: Mr. Henry C. Kelley, Jr., 755 Millsap Road LLC, Millsap Road Investment Company, LLC, 425 West Capitol Avenue, Suite 300, Little Rock, Arkansas 72201, telephone: 501-375-3200, fax: 501-374-9537. 4. Entire Agreement: BindingEffect This Addendum and the Easement contain the entire understanding of the parties with respect to the matters set forth in such documents. The Easement and this Addendum shall bind and inure to the benefit of Grantors, Grantee and their respective successors and assigns. Millsap Road Investment Company, LLC Henry C. Kelley, Jr., Member Supplemental WategSewer Ease* Parcel No. 76518532-000 Lot 17, CMN Business Park WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Millsap Road Investment Company, LLC, an Arkansas limited liability company and 755 Millsap Road, LLC, an Arkansas limited liability company, hereinafter called GRANTORS, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: Lot No. 17, CMN Business Park Subdivision to the City of Fayetteville as per final plat of said subdivision on file with the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas PERMANENT EASEMENT DESCRIPTION: .. A permanent Water/Sewer Easement of 15 feet in equal and uniform width being inside of and adjacent - to the entire platted General Utility Easements along the south and east sides of Lot No. 17 of CMN Business Park, located in the Northwest Quarter (NW'/.) of the Southeast Quarter (SE'/.) of Section 26, Township 17 North, Range 30 West, Washington County, Arkansas, together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantors are to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water, and to pay any damages which may arise to growing crops or fences from the construction, maintenance and operation as determined by three disinterested persons. One thereof to be appointed by the said Grantors; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of such three persons shall be final and conclusive. It is expressly understood that the above easement shall exclude any permanent structure located within said easement area at the time of the execution of this document. The Grantors agree not to erect any buildings or structures in said permanent easement other than fences and said fences shall not exceed six (6) feet in height. The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantors by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenantor agreement not herein expressed. WITNESS the execution hereof on this the day of . 2000. hM1IbtJ!Ja.hI..IDwL41ohciaII.Jl,J,lIIswpitJ C. Kelley, Jr., Managing Member Henry C. Kelley, Managing Member WATERISEWER EASEMENT Page 2 of 2 ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary. Public within and for said County and State, personally appeared Henry C. Kelley, Jr., to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is a Managing Member of the Millsap Road Investment Company, LLC, an Arkansas limited liability company and the 755 Millsap Road, LLC, an Arkansas limited liability company, and is duly authorized in his capacity of each company to execute the foregoing instrument for and in the name of and on behalf of said companies, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this _ day of , 2000. MY COMMISSION EXPIRES: ADDENDUM TO WATERISEWER EASEMENT Notary Public This Addendum to Water/Sewer Easement (Addendum') is executed and delivered by Millsap Road Investment Company, LLC (called "Grantor as an addendum to that certain Water/Sewer Easement (the "Easement? from Grantors to the City of Fayetteville, Arkansas, a municipal corporation, ("Grantee") dated of even date herewith and to which this Addendum is attached. This Addendum shall be deemed a part of the Easement and shall be read and interpreted in conjunction therewith. In consideration of the covenants set forth herein, the consideration recited in the Easement, and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Access_to Easement Lands. As more particularly set forth in the Easement, Grantors conveyed to Grantee that certain water and sewer line easement over and across the lands described in the Easement under the heading "Permanent Easement Description(the "Easement Lands"). Grantee's rights with respect to that part of Lot No. 17, CMN Business Park Subdivision to the City of Fayetteville, Arkansas (the "Lott' situated outside of the Easement Lands is limited to a right of ingress and egress. across the Lot for reasonable access to the Easement Lands for the uses and purposes set forth in the Easement. The limitation set forth in this paragraph shall not reduce or otherwise effect Grantee's rights with respect to the General Utility Easements set forth on the recorded plat of the Lot. 2. Repair of Ground Surface. Grantee, at its expense, shall fill any excavations on the Easement Lands and return the surface of the land to the same grade and flush with existing soil. Grantee shall use ground cover or other satisfactory materials to prevent erosion and washing of soil and replace any existing grass and shrubs damaged by Grantee's exercise of its rights under the Easement. Grantee's obligations under this paragraph are in addition to those set forth in the Easement. 3. Notice of Blastino. Grantee shall provide written notice to Grantors prior to its commencing construction on the Easement Lands and further prior to commencing any lasting or other work on the Easement Lands that may cause vibrations detectable outside the Easement Lands. Such notice shall be delivered by personal delivery, facsimile transmission or U.S. Mail for receipt at least two days prior to beginning such work and shall be transmitted to the following: Mr. Henry C. Kelley, Jr., 755 Millsap Road LLC, Millsap Road Investment Company, LLC, 425 West Capitol Avenue. Suite 300, Little Rock, Arkansas 72201, telephone: 501-375-3200, fax: 501-374-9537. 4. - Entire Agreement: Binding Effect. This Addendum and the Easement contain the entire understanding of the parties with respect to the matters set forth in such documents. The Easement and this Addendum shall bind and inure to the benefit of Grantors, Grantee and their respective successors and assigns. Millsap Road Investment Company, LLC By: Henry C. Kelley, Jr., Member • STAFF REVIEW FORM 10 X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of July 3, 2000 FROM Tim Conklin Planning Name Division Public Works Department ACTION REQUIRED: To approve an ordinance for VA00-4, submitted by Henry Kelly, Jr. of Millsap Road Investments for property located at 655 Millsap Road. Lot 19 of CMN Business Park Phase I. The property is zoned C-2, Thoroughfare Commercial and contains approximately 2.58 acres. The request is to vacate a portion of an existing water line easement within lot 19. COST TO CITY: Cost of this Request Account Number Project Number Category/Project Budget Funds Used To Date Remaining Balance Category/Project Name Program Name Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Acco ing Mana r Date City Attor61 Date Purchasing Officer Date Internal Auditor ADA Coordinator Date Date STAFF RECOMMENDATION : Staff recommended approval and Planning Commission unanimously voted 9-0- 0 to recommend approval and forward the vacation to the City Council. This item was heard as a part of the consent agenda on June 12, 2000. o-Gb Date 4 -ti -co Date ate Date Cross Reference New Item: Yes Prev Ord/Res #: Orig Contract Date: Orig Contract FAYETTEV1tLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, Planning Division From: Heather Woodruff, City Clerk Date: July 12, 2000 Attached is a copy of Ordinance 4250 approving VA 00-4.00 submitted by Henry Kelly, Jr. The original will be microfilmed and filed with the City Clerk. AUG-02-2000 15:42 N W A TIMES AN UHDINANCE" APDavINc VAOO'4.00 TO v�1 ND ABANDON PORTI OF ABANDONED WATER LINE EASEMENTS LOCATED ON LOT 19 OF CMN BUSINESS PARK. AS SUBMITTED BY HENRY KELLEY. JR.. OF MIL[. SAP ROAD INVESTMENTS, WHEREAS, the City Council has the authority under A.C.A. §14-54-104 to vacate public grounds or portions thereof whim are not required for tor- Poral® PWposea. and WHEREAS, the City Council has determined Mal the forlow- in9 de3Cribed. utility' easement IS not required for corporate purposes. NOw,THEREFORE, BE IT ORDAINED aYTHE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Helen 1 That the City of Fayetteville, Arkansas nereby vacates and abandons an cf its rights ltgsther with the rights of the public generally, in and to the following described utility easement: . See Exhibit "A" attached hereb and dada a part hereof. 4QD-Z. That a Copy of this Ordinance duty certified by Trio Cry Clerk shell be filed in the office of the Rocordor 01 The County and recoraod in the Deed Records of me County ;ectipn . That the above is contingent upon receive the tot. lowing; Dedcalion of a 15 we. teosewe, easement to be locat- ed adiecem to the existing 25' utility easement on the east Sided lot 19 from rho Muth lot line to the north approximately 140 feet. PASSED AND APPROVED thiS 5th day of July, 2000. APPROVED: BY Fred Hanna. Mayor ATTEST: Clerk Heather Woodruff, City EuHIBrT"A" No. 1 Final Vacation of Gass- monl filed as Book 450, Page 800: Ap of land over a portion. of Lot 19 or CMN Buslnosa Park said strip being 17.5 feet on toth Sides of an ,Abandoned water line, the centerline of which being more particularly described all follows; Beginning at a point South 87'1:2;24' West 136.55 feet from. the Southeast corner of said Lot 19: Thence North 24.40'33 - East 167.50 feet to. the end of said easement vacation. This vacation. alongwith Ord. 2899 and Ord. 4238 deimes all into, - en of the City of Fayenevilie. Arkansas, in the original ease- ment. filed of record in Book 451. Page 600. Washington County, Arkansas. as granted by Eio Michaelis and LeSelle Michas No. 2 Vacation of a portion Easement filed as Book 729. Page 295: A Lot 19 of land over s Pomnn of 19 of CMN Bueinase park, said strip being. 15,0• feet on both sides of an abandoned water line, the centerline of which being more particularly described as follows; Beginning at 6 point which is North 02'38.19' East 135.00 feet and North S7.1224• West 40.00 roof from the Southeast corner of Lot 19; thence Norm 87"1224• West 60.00 fee, ,o me end of This easement lion, said.point also being the West end o, the easement.as iled ofrecord N Book 729 at Page 285. Wasnktgion County. P.09/15 STATE OF ARKANSAS 0 County of Washington } as I, JEFF JEFFUS, hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers thereto have paid for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months and that the said newspaper publishes an average of more than forty percent news matter. I further ceAffy that the legal notice attached in the matter of was published in the regular daily issue of said newspaper for consecutive insertions as follows: The first insertion on the day of 20 the second insertion on the day of 20 — the third insertion on the the fourth insertion on the Sworn to and subscribed before me on this day of 20 S20of 20 ieneral Manager day of '` hc,Jtal� tyt "% :i Notary Public ` i.DlanLy ; cfLIOA yy'tnl` r My Commission Expires: � vlt� xo5-•c 4 KY c�ccuKccc«<cccc 59 Fees for Printing .................... ., ...........$ / '7c-; Costof Proof............................................_...............$ Total..... • _.,.............$