Loading...
HomeMy WebLinkAboutOrdinance 4251 V . ORDINANCE NO. <<, FILED FOR RECORD s 1 AN ORDINANCE APPROVING VA00-5 .00 T (yjRaTl@ A)}� ) DANDON A PORTION OF CITY RIGHT-OF-WAY LOCATED AT 205 WEST 6"' STREET AS SUBMITTED BY HARVEY LUTTRELL ftSt1#tfiTJM CA MIGGINS UNITED METHODIST CHURCH. K . HAR14ESS 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 right-of-way 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 right-of- way: 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 20' utility easement that is located adjacent and parallel to the Locust Ave. and Seventh Street right- of-ways, also dedication of any additional easements required to provide a minimum of 10' easements from the existing water and sewer lines. PASSED AND APPROVED this 5h day of July , 2000. ` 6 APPROVED: By e Fr d Hanna, Mayor ATT'EST// By � �L^ �� e' 'Heather Woodruff, City Cler�/ ®® - * ord 4251 ExH ,DEscR EXHIBIT A EXHIBIT "A" A part of the SW '/. of the SE '/, of Section 16, Township 16 North, Range 30 West and beginning at a point on the right of way of Seventh Street 15 .0 feet North of the SE corner of said 40 acre tract; thence North along the West side of Lot 6, Block 28, Jenning's Addition, 35.0 feet; thence N 89°35'01 " W, 180.0 feet to the SW corner of Lot 5, Block 2, Ferguson's Addition; thence North, 230.0 feet; thence N 89° 35'01 " W, 20.39 feet; thence S 01 ° 10'50" W, 249.86 feet; thence on a curve to the left, having a radius of 15 .0 feet, a distance of 23 .76 feet; thence S 89035'01 " E, 190.65 feet to the point of beginning and subject to a 20 foot wide utility easement along the Scuth and West sides thereof. M x 00 ��G11fr I, KathleenH unatto bitcull Glgrk and Fx-officio Recorder for Washington Gdunty, Arkansas, cE hereby certify that this ku"tumont *23 filed for record In my office as indicated Hereon and the same Is now duly recorded with the acknOWIadgsmehi and certificate thereon in Raoord Book and Page as Indicated thereon. IN WITNESS WHEt?g'aF, I have hereunto set my hand and affixed the goal of said Court on the date indi- cated hereon. Kathleen Harness Circuit Clerk and Ex H' to Recorder A A NAME OF FILE: D/y� �_�e �/O • �z ✓�� CROSS REFERENCE: Date Contents of File Initials A222:2 a,le5Z 7- - � _ A ORDINANCE NO. AN ORDINANCE APPROVING VA00-5.00 TO VACATE AND ABANDON A PORTION OF CITY RIGHT-OF-WAY LOCATED AT 205 WEST 6TH STREET AS SUBMITTED BY HARVEY LUTTRELL ON BEHALF OF WIGGINS UNITED METHODIST CHURCH. 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 right-of-way 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 right- of-way: 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 20' utility easement that is located adjacent and parallel to the Locust Ave. and Seventh Street right-of-ways, also dedication of any additional easements required to provide a minimum of 10' easements from the existing water and sewer lines. PASSED AND APPROVED this day of 92000. APPROVED: By Fred Hanna, Mayor ATTEST: By Heather Woodruff, City Clerk EXHIBIT "A" A part of the SW '/< of the SE '/< of Section 16, Township 16 North, Range 30 West and beginning at a point on the right of way of Seventh Street 15 .0 feet North of the SE comer of said 40 acre tract; thence North along the West side of Lot 6, Block 28, Jenning's Addition, 35 .0 feet; thence N 89°35'01 " W, 180.0 feet to the SW comer of Lot 5, Block 2, Ferguson's Addition; thence North, 230.0 feet; thence N 89°35'01 " W, 20.39 feet; thence S 0I ° 10'50" W, 249.86 feet; thence on a curve to the left, having a radius of 15 .0 feet, a distance of 23 .76 feet; thence S 89035101 " E, 190.65 feet to the point of beginning and subject to a 20 foot wide utility easement along the South and West sides thereof: Planning Commission Minutes C0719 June 12, 2000 Page 2 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 1 I 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 Il, 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 00-4.00: 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 I I Missouri Oaks Subdivision. The property is zoned R-2, Medium Density k i 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. 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. 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 00-05. 00 Page PC Meeting of 12 June 00 FAYETTEVILLE THE CITY OF FAYETTEVrLLE, ARKANSAS StreetRightof Way Vocatiov 113W. Mountain St. .. .. _ Wiggins Memorial United Methodist. Church Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner FROM: Ron Petrie, Staff Engineer DATE: June 8, 2000 Project: VA 00-05.00: Vacation (Wiggins Memorial United Methodist Church, pp 523) was submitted by Harvey Luttrell for property located at 205 West Sixth Street. The request is to vacate a portion of the street right of way along Locust Avenue and Seventh Street. See the attached maps and legal descriptions for exact dimensions for the requested right-of-way vacation. 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 - No objections. Arkansas Western Gas - No objections provided that a 20' Utility Easement is retained "adjacent and parallel to Locust Avenue and Seventh Street. " SW Bell - No objections . Cox Communications - No objections . City of Fayetteville: Engineering - No objections provided that the vacation description be rewritten to exclude the northern 20' of the right-of-way vacation that is shown to extend into the existing sixth street right-of-way . Water/Sewer - No objections provided that easements are retained a minimum distance of 10' from all water & sewer lines . This includes the 12 " sewer line along seventh street and the 8 " water along Locust Avenue . Street Department - No objections . Solid Waste - No objections . Recommendation: Approval of street right of way vacation subject to the three (3) conditions listed below. 1 . Provide a revised right-of-way vacation description that excludes the northern 20' of right- of-way along Locust Avenue that extends into the sixth street right-of-way. 2 . A 20' Utility Easement shall be dedicated that is located adjacent and parallel to the Locust VA 00-05. 00 � • Page I Avenue and Seventh Street right-of-way . 3 . Dedicate any additional easements required to provide a minimum of 10' of easement from the existing water & sewer lines . PLANNING COMMISSION ACTION: ... yes . Required . .. . Approved Denied Date: Comments: CITY COUNCIL ACTION: yes Required Approved Denied Date: The "CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted in total athout exceptio by the entity requesting approval of this development item, Xy tale — / Z — Zean date SURVEY Ff1R 0 iron found Ti1GGINS UNITED METHODIST CHURCH e Iron set .e Power pole Fayetteville , Arkansas • Nater sear I . /60 ' • • • • .. •••_.• . . 922Ta BYaaa} :p 'ft. e....enc I we 1 Lost I lilt I.ot 2 Int 2 — ° o rnumn Duuamq i e io Loa 3 Lot 3 $ ra "SOx'a ADDITION X (SS1 e < S ' O • ° bt 4 b[ t LI ° Inmt 5 Lot S bo.o' so' +o. 2 I •x r , F f' e r Lost 6 20 fL easement ffSIMON /w 'r'irr� au+e S- 99f 3s= 0/'CE —24-01" -__ }--f bung �-- .. ... L ssvePrx sxsraT —� — SE " , 54. 7 — CrLV toot 1 20' ,{y Sd 11 La.a ' , BLOCK 3 . 2 9s' I Lur 2 DESCRIPTION: Al of Block /2 of Farguson ' s Addition to the City Of Fayetteville, Arkansas , as per plat of Said Addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of shington Countyo Arkansas Fayetteville ,, Arkansas , tonrelinquish the uothd a e ity ofSouth and West of Said Block Y2 that has been used and considered by present and past owners as a part of Block B2 and outside the Right of Way of Seventh Street on the South and Locust Avenue on the West being described as a part of the SW} Of the SE} tt11111111111,1ffff of Section 16 , Township 16 North, Range 30 West and beginning AG�STER�c /4 of the oSEtCorner the ofisaidght o40Wacreay ftract ; thence allorth ,0 alongfast North . " d w6 the West side of Lot /6 , Block 828, Jenning ' s Addition , 35 . 0 �@ SPATE OP feet ; thence N-89 °-35 ' - 01 "-N, 180 . 0 feet to the SW Corner of f• ARKANSASz Lot d5 , Block 92 , Ferguson ' s Addition ; thence North , 250 . 0 feet to the NW Corner ofLot N1 , Block N2 , Ferguson ' s Addition ; thence _ No-W-351 -01 "..w. 19 . 98 feat ; thence S-19-10 ' -50"-W, 269 . 86 feet; thence on a curve to the left, having a radius of 15 . 0 feet , a distance of 23 . 76 feet ; thence S-896-350 -01 "-E, 190 . 65 feet .e � •, a�,:' 2� to the point of beginning and subject to a 20 foot wide utility ,bel`//2l,�fP�� D. -Lw,,.•' C�J easement along the North , South and West sides thereof . qjt��l [. Il1t`1933sCERTIFICATION: This is to certify that the above described property has been 0• UJT (. RU ft surveyed and that this plat conforms 1S yea AR WA #16 to that survey . Surveyed �a Surveyed and platted March 24 , 2000 . VA00-5. 00 - Wiggins Memorial Church - One Mile Diameter R-3 R-3 R-3 R-1 R-1 $ R-t rc 2 2 .1 Rt R R-1 R-1 R1 RJ R-1 R-1 R-0 R-3 Ra _uono Rt N R-1 5 R ® ti G2 R't R-1 R-10.3 R 1 4t R-2 R-3 ATsoN -0 -0 oN R-1 R- R-1 R-1 R-1 f R1 _ R7 R7 G3 RJ ocAsory R G2 1 R-1 sunory RcgE Cd G9 — R"1 R-1 R7 R_ m „ 2 o U m' RJ � wiu.wt 4 G3 ; � C,3 � G 2 G2 � R-2r CCNNER _ Ea iEw R3 R3 41 R-0 R-0 ROAG38 © WCR13 R7 G3 R3 o R-0 G7 Gt -0 NEAoow R-2 R-2 ~ R-2 R-2 R-2 R-3 a��® G4 ®" R-2 P-1 G1 R R CE1TrEq FFTM- Os R2 R-9 RJ C LM[�®®� R-2 ttsor goNo R-2 a *gEwnwEu 4tR-2 W G3 G3 � Y NrAi R-2 - R2 R-t u°HroN G4 R-2 3 R7 J a o S 2 RU 0 7 _ _t R7 WR R-2 R2R7 R-0 R-0 R2 �. MIVATE W ° ,41 f R R �® G1 L rx RJ G2- sourH R'2 R-2 R7 $ Ri i R-3 R3 R-t vrtAi c� c� 2 R-2 R-1 G2 41 2 ¢ R-2 2 yay �° u �2 x ° 2 4t Gl 41 2 R-2 ul R"2 i �¢ R-2 ❑®� R2 yi G2 iHow+ U E2 R"22 R-2 2 R-2 3 R-2 o $ ¢ R-2 ° i ; m R-0 R-2 3 AHO Rg 41 i R-2 R-2 F.2 RR1 R-2 02 fi $NCN�Eq pitNATE R-2 o G2 _ _ o 41 R2 Al 41 2 9TN z R2 R-3 EaquNE wlr 9TN o ttTH R-2 t�Tq R-2 R-2 4 o R-2 R-2 11tH Z Ft w 3 8 R-1 d ❑ PgNAIE 3 tAcauvroN 12TH u R-2 R-2 � R-2 42 3 ` tares 3 G2 13THR_2 R-2 i R-2 z 2 ffi R-2R_2 EsuR-2 R 2 -0 41 R waxEn ' R2 D2-2 2 h1 o R-2 - G2 41 41 R-2 R-2 I!WNE 41 R-1 R-1 h SUNu�E 41 u ° gEri1GREN' 41 gESEMCN 19TH CENTER 3 �2 R-1 azw G7 z R-2 4t 4 U R-1 W R-2 a ¢ 2 2 R1 N 1400 0141400 Feet W* E S VA00-5.00 - Wiggins Memorial Church - Close Up L R-2 G2 G2 rR21 R-2 R-2 G2 G2 R-2 R-2 G2 C-2 R-2 R_2aG2 G2 R -2R 2 G2 C-2 G2 G2 G2 G2 G2 I I G2 G2 G2 G2 G2 G2 G2 G2 C G2 G2 G2 G2 I - 6TH L Area to be Vacated N 100 0 100 Feet R-2 R-2 R-2 R-2 R-2 /J R2 I iJII R2 I R2 I It R-2 I I Wggin� z -- R-2 Memorial Church R-2 I R-2 R-2 R-2 7TH D / CD R 0. June 1.2, 2000 PETITION TO VACATE A PART OF THE PLATTED LOCUST AVENUE AND A PART OF THE PLATTED SEVENTH STREET LOCATED WEST AND SOUTH OF BLOCK #2, FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. TO: The Fayetteville City Planning Commission and The Fayetteville City Council RE: To the above stated petition and the letter and comments on the meeting planned for June 12. We accept the three conditions as stated and include the corrected description which excludes the Northern 20 feet of Locust Avenue that extends into Sixth Street. The corrected description for the Right of Way vacation is as follows: A part of the SW- of the SE4 of Section 16, Township 16 North, Range 30 West and beginning at a point on the Right of Way of Seventh Street 15.0 feet North of the SE Corner of said 40 acre tract; thence North, along the West side of Lot #6, Block #28, Jenning's Addition, 35.0 feet; thence N -89°-35'-01"-W, 180.0 feet to the SW Corner of Lot #5, Block #2, Ferguson;s Addition; thence North, 230.0 feet; thence N -89°-35'-01"-W, 20.39 feet; thence S -1°-10'-50'-W, 249.86 feet; thence on a curve to the left, having a radius of 15.0 feet, a distance of 23.76 feet; thence S -89°-35'-01"-E, 190.65 feet to the point of beginning and subject to a 20 foot wide utility easement along the South and West sides thereof. We thank you for your consideration and approval. PETITION TO VACATE •?ART OF THE PLATTED LOCUS• VENUE AND A PART OF THE PLATTED SEVENTH STREET LOCATED WEST AND SOUTH OF BLOCK #2, FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned Trustee's, acting on behalf of the Administrative Council of Wiggins Memorial United Methodist Church, representing the membership of the United Methodist Church, owners of Block #2, and Ferguson's Addition and Block #28, Jennings's Addition, humbly request the City of Fayetteville, Arkansas, a Municipal Corporation, to relinquish, abandon and vacate an area that abutts our property. We, along with past owners that had residences within said Block #2, Ferguson's Addition, have used and considered this area to be outside the Right of Way of Seventh Street on the South and Locust Avenue on the West. We therefore petition the City of Fayetteville, Arkansas to vacate the following described area: A part of the SW4 of the SET of Section 16, Township 16 North, Range 30 West and beginning at a point on the Right of Way of Seventh Street 15.0 feet North of the SE Corner of said 40 acre tract; thence North, along the West side of Lot #6, Block #28, Jenning's Addition, 35.0 feet; thence N -89°-35'-01"-W, 180.0 feet to the SW Corner of Lot #5, Block #2, Ferguson;s Addition; thence North, 250.0 feet to the NW Corner of Lot #1, Block #2 Ferguson's Addition; thence N -89°-35'- 01"-W, 19.98 feet; thence S -1°-10'-50'-w, 269.86 feet; thence on a curve to the left, having a radius of 15.0 feet, a distance of 23.76 feet; thence S -89°-35'-01"-E, 190.65 feet to the point of beginning and subject to a 20 foot wide utility easement along the North, South and West sides thereof. We have a great need to enlarge our parking lot and have a plan for a sidewalk along the South side of Sixth Street, the East side of Locust Avenue from Sixth to existing sidewalk at Seventh Street, Green spaces along Sixth, Seventh and Locust as well as interior islands that will be landscaped with trees and shrubs. We, also in- cluded a drainage system in proposal to protect adjoining property. We have visited with and recieved comments from all known utility entities, private and public and protected their rights and interest by including an easement for their use if needed. We have sent a certified letter to the four adjoining neighbors and included our parking lot proposal, the survey, the notification and comment form and a stamped, self addresed envelope for the return of form. Wherefore, the undersigned petitioners, as Trustee's for Wiggins Memorial United Methodist Church respectfully request that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate in favor for and to the United Methodist Church. We feel that the New parking lot will not only benifit our congreation and our neighborhood but the public interest and wellfare as a whole. Dated this 18th day of May, 2000. Harvey D. Luttrell, Trus ee Jimtw4Trustt ,; I Parcel No, 765-05411-000 Parcel No. 765-05412-000 Parcel No. 765-05413-000 Parcel No. 765-05414-000 Parcel No. 765-05415-000 GENERAL UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Wiggins United Methodist Church, 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 easement to construct, maintain, repair and/or replace, enlarge and operate a water and/or sanitary sewer pipe line or lines, manholes, natural gas, electrical power, telephone and television communication line or lines, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: (Document Reference: City of Fayetteville VA00-5.00) A part of the Southwest Quarter (SWY..) of the Southeast Quarter (BEY.) of Section 16, Township 16 North, Range 30 West and beginning at a point on the right of way of Seventh Street 15.0 feet North of the Southeast corner of said 40 acre tract; thence North along the West side of Lot 6, Block 28, Jenning's Addition, 35.0 feet; thence North 89° 35' 01" West 180.0 feet to the Southwest corner of Lot 5, Block 2, Ferguson's Addition; thence North, 230.0 feet; thence North 89° 35' 01" West 20.39 feet; thence South 01° 10' 50" West 249.86 feet; thence on a curve to the left, having a radius of 15.0 feet, a distance of 23.76 feet; thence South 89° 35' 01" East 190.65 feet to the point of beginning and subject to a 20 foot wide utility easement along the South and West sides thereof. PERMANENT EASEMENT DESCRIPTION: A twenty (20) foot wide permanent utility easement across the above described property, being parallel with and contiguous to the west line (being the new east right of way line of Locust Avenue) and the south line (being the new north right of way line of Seventh Street) and situated on the east and north sides, respectively, thereof. This permanent easement contains 8,964 square feet (0.206 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, until the use of said permanent easement is relinquished, abandoned or vacated and so long as such pipe line or lines, electrical power, telephone and/or television lines or cables, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. The said Grantor is 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, lines and/or cables, 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 said construction, maintenance and operation as determined by three disinterested persons, one thereof to be appointed by the said Grantor; 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. The Grantor agrees 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, electrical power lines, telephone and/or television lines or cables upon the above described permanent 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 document. The consideration first above recited as being paid to Grantor 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. GENERAL UTILITY EASEMENT Wiggins United Methodist Church Page 2 of 2 WITNESS the execution hereof on this the day of .2000. WIGGINS UNITED METHODIST CHURCH BY: [Please print or type Name and Title] ATTEST: [Please print or type Name and Title] 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 and , to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the and of the Wiggins United Methodist Church, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said Wiggins United Methodist Church, and further stated and acknowledged that they 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 I SCALE: 1' 50' • Sixth Street • f '\I C 15' 0 SE comer SW -SW -16-16-30 KEY: Plat Page 523 SW -SE -16-16-30 1 F J 1 L 3O /� li) `H7) I— a — Block �.. 3 Block L V1 � ' /7 6 OJ .. �. r 52333 I-; qR 2 S 9 I � EXISn NG zoo EAhEaA41T 8K1053�P62Z Block Block 4 176.33, of--,12"VCP 100 0 100 200 Feet N A r c 165.500f 1! 0 STAFF REVIEW FORM 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 VA 00-5, submitted by Harvey Luttrell on behalf of Wiggins Memorial United Methodist Church for property located at 205 W. 6`h. 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. COST TO CITY: $ Cost of this Request Account Number Project Number Category/Project Budget Category/Project Name Funds Used To Date Remaining Balance Program Name Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accou ing page Date Ci y Attorne 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. • c--Jcc__.__' oo sion Head Date Cross Reference 1/1 jJflrtw (aT!•rD New Item: Yes rtment Director Date I 4 A ate Date Prev Ord/Res #: Orig Contract Date: Orig Contract Number: FAYETTEV&LE • THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDE To: Tim Conklin, Planning Division From: Heather Woodruff, City Clerk Date: July 12, 2000 Attached is a copy of Ordinance 4251 approving VA 00-5.00 submitted by Harvey Luttrell on behalf of Wiggins Memorial Methodist Church. The original will be microfilmed and filed with the City Clerk. RUG -02-2000 15:42 N W A TIMES STATE OF ARKANSAS County of Washington J ss. ORDINANCE NC. 4251 AN ORDINANCE APPROVING VA00-5.00 TO VACATE AND ABANDON A PORTION OF CITY RIGHT-OF-WAY LOCAT- ED 205 WEST 6TH STREET AS SUBMITTED BY HARVEY LUTTRELL ON BEHALF OF WIGGINS UNITED METHOD- ISTCHURCH. WHEREAS, The City Council has me autnotiity uador A.C.A. §14.54.104 to vacate public grounds or portions thereof which pare not required for cor- porate purpoSe5, ant WHEREAS, the City Council has determinea mat the !Ollew- ing described right-of-w2y's.n0t required for corporate purpos- QS N. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF FAYETTEVILLE. ARKANSAS: Section 1. That the City of Fayeceville. Arkansas hereby vacates and abandons an of its. rights together with the rights of • the public generally, in and to the following described right-of- way: See Ewdb't'A" attached hereto and made a pan nereol. 4Lgfllon 2. That a Copy of this Ordinance Duty cerbhod by the City Clem shat? be filed in me otlice oI the Recorder of the County and recorded in the Deed Records of the Countt sl n 3. That the above is contingent upon receiving the following: Dedication of a 20' utility easement that is located adac n and parallel to the Lo - oust Ave. and Seventh Street rigm.of-ways. also dedication of any additional easements To- quired to.prouide a MINmuut Ct I e easements from the'owStvtg water and sewer Inn. 'PASSED AND APPROVED this Sth day of Juy. 2000. APPROVED:' By: Fred Hanna, Mayor LATEST: By: Heather Woodruff. City C:erk EXHIBIT'A" A part of the SW1/4 of the SE,I4 of Section 16, Township !6 Norm, Range 30 West and beginrng at a point on etc right of way of Seventh Street 15.0 feet North o1 trio SE comor of said 40 acre tract: thence North along the West Side of Lot 6. Block 28. Jennings Addition. 35.0 feet: Thence N. 89'35010 W. 180.0 feet to me SW corner of Lot S. Block 2. Ferguson•s Addition: thence North, 230.0 feet: thence N 89'3501- W. 20.39 feet; thence S01"10.50' W. 249.86 IeeE thence on a tine be Iho lafl, having a radi- us of 15A fear, a distance of 23.76 feet; thence 589'3501' E, 190.85 feet to the point of beginning and subject to a 20 foot wlae utafry easement along the South and Wes Sides thereof. P. 11'16 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 tour pages of live 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 twelvemonths, 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. that the legal notice attached in the matter of was published in the regular daily issue of said newspaper for consecutive insertions as follows: / pG(B The first insertion on the day of 20 r n �� i the second insertion on the the third insertion on the the fourth insertion on the Sworn to and subscribed before me an this Fees for Printing_.....................................................$ Cost of Proof......... Total ........................ day of 20 day of 20 {layof2 3eneral Manager day of