HomeMy WebLinkAboutOrdinance 4252 FILED FOR RECORD
ORDINANCE NO.4252
AN ORDINANCE APPROVING VA00-6.00 TO VATAN17'� 2 yl
ABANDON A PORTION OF CITY RIGHT-OF-WAft4RMIr4 00 AR
AT OLD FARMINGTON RD., BETWEEN BEECHWg0lA-V, ,.1tSS
AND EASTERN AVE., SUBMITTED BY JOE AND ANGELA t
STEVENS.
WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public
grounds 3r 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 the
current 30' right-of-way as a general utility and access easement and dedication of a 15' utility
easemkiit&pted adjacent and parallel to the north side of the existing 30' right-of-way.
E t ; �
r ��AND APPROVED this 5h day of July , 2000.
APPROVED:
1
By
Fired Hanna, Mayor
ATTEST: /
By_ �/
Heather Woodruff, City Cler
ord 4252
EXHIBIT A E
EXHIBIT "A" JEs
LEGAL DESCRIPTION FOR VA 00-6
A part of the SW '/4 of the SE '/4 of Section 17, Township 16 North, Range 30 West,
City of Fayetteville, Washington County, Arkansas being more particularly described
as follows:
That portion of Old Farmington Road which extends from Beechwood Ave. to
Eastern Ave. along the South line of Lots 1 through 6 of the Sunset Addition, Block
1 , to the City of Fayetteville and along the North line of Parcels 1 , 2 and 3 of the
Mitchell Oil property as filed in deed book 881 at page 410 and in deed book 1053
at page 105, at the Circuit Clerk's office, Washington County, Arkansas, said portion
of road beginning at the SW corner of lot 1 of said Sunset Addition, Block 1 , (also
being the NE comer of the intersection of Old Farmington Rd. and Beechwood Ave.)
thence S 86°49'11 " E 340.82 feet; thence S 02°40'33" W 30.00 feet; thence N
86049' 11 W 340.71 feet; thence N 02°27156" E 30.00 feet to the point of beginning,
containing 0.235 acres, more or less, and subject to a 20 foot sewer easement to be
in effect and centered along the existing sewer main located within the vacated street
right-of-way and a 15 foot general utility easement along the south ling of the
vacated right-of-way encompassing existing utilities along said south line.
M
X
t. Kathleen Harness. Circuit Clark and Ex-officio
Recorder for Washington County, Arkansas, do hereby
certify that this Instrument was filed for record in my
office as Indicated norcon and tho same is now duty
recorded with the OckrIOWlodgement and certificate
thereon In Record BOON end peg* as Indicated thereon.
IN WITNO3 WHEREOF, 1 have hereunto set my
hand and aH&ed the lea! of oaid COurt en the date Indi-
cated harden,
Kathleen fitting
Clrauu Clark all dfo Race
by ��
NAME OF FILE: L// /�//lia GPi /1/D • �� S�J
CROSSREFERENCE:
Date Contents of File Initials
U
y X1-00
ORDINANCE NO.
AN ORDINANCE APPROVING VA00-6.00 TO
VACATE AND ABANDON A PORTION OF CITY
RIGHT - OF - WAY LOCATED AT OLD
FARMINGTON RD., BETWEEN BEECHWOOD
AVE. AND EASTERN AVE., SUBMITTED BY
JOE AND ANGELA STEVENS.
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
the current 30' right-of-way as a general utility and access easement and dedication of a 15' utility
easement located adjacent and parallel to the north side of the existing 30' right-of-way.
PASSED AND APPROVED this day of 92000.
APPROVED:
By
Fred Hanna, Mayor
ATTEST:
By
Heather Woodruff, City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION FOR VA 00-6
A part of the SW % of the SE '/< of Section 17, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas being more particularly described as follows:
That portion of Old Farmington Road which extends from Beechwood Ave. to Eastern Ave.
along the South line of Lots 1 through 6 of the Sunset Addition, Block 1 , to the City of
Fayetteville and along the North line of Parcels 1 , 2 and 3 of the Mitchell Oil property as filed in
deed book 881 at page 410 and in deed book 1053 at page 105, at the Circuit Clerk's office,
Washington County, Arkansas, said portion of road beginning at the SW corner of lot 1 of said
Sunset Addition, Block 1 , (also being the NE corner of the intersection of Old Farmington Rd.
and Beechwood Ave.) thence S 86°49' 11 " E 340.82 feet; thence S 02°40'33 " W 30.00 feet;
thence N 86'49' 11 W 340.71 feet; thence N 02127'56" E 30.00 feet to the point of beginning,
containing 0.235 acres, more or less, and subject to a 20 foot sewer easement to be in effect and
centered along the existing sewer main located within the vacated street right-of-way and a 15
foot general utility easement along the south ling of the vacated right-of-way encompassing
existing utilities along said south line.
•
Planning Commission Minutes
June 12, 2000
Page 2
CONSENT AGENDA:
- nom
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 II, 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. 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.
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
1 l 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 004.00 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 00-06. 00
Page I
FPC Meeting of 12 June 00
AYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St, Street Right of Way Vacation
Fayetteville, AR 72701 Joe & Angela Stevens
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner
FROM: Ron Petrie, Staff Engineer
DATE: June 8, 2000 (Revised June 12, 2000)
Project: VA 00-06.00: Vacation (Stevens,
for property located at 1629 Old Farmington Road. The reques521) was t ism
toe accated byothee 0' unimproved
street right of way for Old Farmington Road located between Beechwood Avenue and Eastern
Street.
The applicant has submitted the required notification forms to the utility companies and to the
City. The results are as follows :
Ozarks Electric - No service in area.
Southwestern Electric Power Company - No objections provided that a 20 ' Utility Easement
and access is retained to "protect existing overhead facilities along both sides of the
existing street. it
Arkansas Western Gas - No objections provided that a 15 ' Utility Easement is retained "for
Lots 1 - 4, Block 1 , part of Sunset Addition parallel and adjacent to existing south
property line . Also, retain a 15 ' Utility Easement for Lots 5 & 6, Block 1 , part of
Sunset Addition, center of easement being located where first line is laid . "
SW Bell - No objections provided that easement rights are retained for the existing buried
cable in the right-of-way.
Cox Communications - No objections .
City of Fayetteville : !
Water/Sewer - No objections provided that the vacated right-of-way is retained as an utility
easement for the existing sewer line and future water line(s) . t
Street Department - No objections.
Solid Waste - No objections provided that the vacated right-of-way is retained as an access
easement for waste disposal vehicles, and is maintained in its current condition. (Originally the t
f this request, however, after meeting the applicant and
Solid Waste Division did not approve o
Planning staff on-site the above mentioned condition satisfies all requirements of the Solid
Waste Division. )
The applicant has submitted the adjacent property owner notification forms as required . All
adjacent property owners stated that they had no objection to the proposed vacation.
VA 00-06. 00
Page 2
Recommendation: Approval of street right of way vacation subject to the following
conditions:
1 . The existing 30 ' right-of-way shall be retained as a general utility easement.
2. A 26' (15 ') Utility Easement shall be dedicated that is located adjacent and parallel to
the north side of the 30 ' right-of-way.
south s* if Fil IRI —M... nd-raraffeH"-he
4. The existing 30 ' right-of-way shall be retained as an access easement and shall be
maintained in its current condition in order to provide an appropriate route for solid
waste disposal vehicles.
The changes noted above were made at the request of the petitioner and with the approval of
SWEPCO - the utility which originally made the easement requests.
PLANNING COMMISSION ACTION: ves Required
Approved Denied
Date: 6/12/00
CITY COUNCIL ACTION: yes Required
Approved Denied r
Date: f
Comments:
f
The "CONDITIONS OF APPROVAL" listed in this report are acce ted i
entity requesting approval of this right-of-way vacation. p n total without exception by the
Name:
Date:
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PETITION TO VACATE A ROAD (OLD FARMINGTON ROAD, FROM
BEECHWOOD AVE. TO EASTERN AVE,) LOCATED WITH PART IN BLOCK
1 SUNSET ADDITION AND WITH PART IN 20-16-30 OUTLOTS, CITY OF
FAYETTEVILLE ARKANSAS
To: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the road hereinafter
sought to be abandoned and vacated, lying between block 1, Sunset Addition and 20-16-
30 outlots to the City of Fayetteville, Arkansas, a municipal corporation, petition to
vacate Old Farmington Road from Beechwood Ave. to Eastern Ave. described as
follows:
A PART OF THE SW1/4 OF THE SE1/4 OF SECTION 17, TOWNSHIP 16 NORTH,
RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF OLD FARMINGTON ROAD WHICH EXTENDS FROM
BEECHWOOD AVE. TO EASTERN AVE. ALONG THE SOUTH LINE OF LOTS 1
THROUGH 6 OF THE SUNSET ADDITION, BLOCK I TO THE CITY OF
FAYETTEVILLE AND ALONG THE NORTH LINE OF PARCELS I, 2, AND 3 OF
THE MITCHELL OIL PROPERTY AS FILED IN DEED BOOK 881 AT PAGE 410
AND IN DEED BOOK 1053 AT PAGE 105, AT THE CIRCUIT CLERKS OFFICE,
WASHINGTON COUNTY, ARKANSAS, SAID PORTION OF ROAD BEGINNING
AT THE SW CORNER OF LOT I OF SAID SUNSET ADDITION, BLOCK 1, (ALSO
BEING THE NE CORNER OF THE INTERSECTION OF OLD FARMINGTON RD.
AND BEECH WOOD AVE.) THENCE S86°49'1I "E 340.82 FEET; THENCE
S02°40'33"E 30.00 FEET; THENCE N86°49'11 "W 340.71 FEET; THENCE
N02°27'56"E 30.00 FEET TO THE POINT OF THE BEGINNING, CONTAINING
0.235 ACRES, MORE OR LESS, AND SUBJECT TO ANY AND ALL UTILITY
EASEMENTSOF RECORD AND SUBJECT TO A 20 FOOT SEWER EASEMENT TO
BE IN EFFECT AND CENTERED ALONG THE EXISTING SEWER MAIN
LOCATED WITHIN THE VACATED STREET RIGHT-OF-WAY AND A 15 FOOT
GERERAL UTILITY EASEMENT ALONG THE SOUTH LINE OF THE VACATED
RIGHT-OF-WAY ENCOMPASSING EXISTING UTILITIES ALONG SAID SOUTH
LINE.
Petitioners state that the owners listed below flank the above road on all three sides. That
there is no need for public access and that the public interests and welfare would not be
adversely affected by the abandonment of this portion of the above -described road.
Furthermore in dealing with the planning department, it was stated that they wanted this
road closed, and asked us to pursue this vacation in a timely manner, which we agreed to
do. This portion of road does not meet city street standards and to bring this road up to
standard would be pointless now or in the future.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the
above described real estate, subject, however, to the existing utility easements and sewer
easements as required, and that the above described real estate be used for their
respective benefit and purpose as now approved by law.
The petitioners further pray that the above -described real estate be vested in the abutting
property owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of
the City of Fayetteville, Arkansas, abandon and vacate the above described real estate,
subject to said utility easements, and that title to said real estate sought to be abandoned
be vested in the abutting property owners as provided by law, and as to that particular
land the owners be free from the easements of the public for the use of said road.
Dated this 5_____ day of � 2000
Soe Sjeuerv.s
printed name
L -n5 _Ic.., -S T£uea
printed name
)ANkIf' E. 1SRf_4R", Tn.
f� Sr 2T2Z jf"S.J
printed name
printed name
signature
signature
Old Farmington Road Vacation Description (Beechwood Ave to Eastern
Ave.) described as follows:
A PART OF THE SW1/4 OF THE SEI/4 OF SECTION 17, TOWNSHIP
16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF OLD FARMINGTON ROAD WHICH EXTENDS
FROM BEECHWOOD AVE. TO EASTERN AVE. ALONG THE SOUTH
LINE OF LOTS I THROUGH 6 OF THE SUNSET ADDITION, BLOCK I
TO THE CITY OF FAYETTEVILLE AND ALONG THE NORTH LINE
OF PARCELS 1, 2, AND 3 OF THE MITCHELL OIL PROPERTY AS
FILED IN DEED BOOK 881 AT PAGE 410 AND IN DEED BOOK 1053
AT PAGE 105, AT THE CIRCUIT CLERKS OFFICE, WASHINGTON
COUNTY, ARKANSAS, SAID PORTION OF ROAD BEGINNING AT
THE SW CORNER OF LOT I OF SAID SUNSET ADDITION, BLOCK I,
(ALSO BEING THE NE CORNER OF THE INTERSECTION OF OLD
FARMINGTON RD. AND BEECHWOOD AVE.) THENCE S86°49'11 "E
340.82 FEET; THENCE S02°40'33'0.00 EF ET THENCE N86°49'11 "W
340.71 FEET; THENCE N02°27'56"E 30.00 FEET TO THE POINT OF
THE BEGINNING, CONTAINING 0.235 ACRES, MORE OR LESS, AND
SUBJECT TO ANY AND ALL UTILITY EASEMENTSOF RECORD
AND SUBJECT TO A 20 FOOT SEWER EASEMENT TO BE IN EFFECT
AND CENTERED ALONG THE EXISTING SEWER MAIN LOCATED
WITHIN THE VACATED STREET RIGHT-OF-WAY AND A 15 FOOT
GERERAL UTILITY EASEMENT ALONG THE SOUTH LINE OF THE
VACATED RIGHT-OF-WAY ENCOMPASSING EXISTING UTILITIES
ALONG SAID SOUTH LINE.
V14-Od-(O.c1v
Parcel No. 765.11198-000
Parcel No. 765-11201-000
GENERAL UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE, Joel Coy Stevens and Angola Colleen Stevens, husband and wife, 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:
PROPERTY DESCRIPTION: (Deed Ref. 97-007309)
Lots Numbered One (1) and Two (2) in Block One (1) of Sunset Addition, an 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 Washington County, Arkansas. LESS AND EXCEPT starting at the
Southwest comer of Lot One (1), Block One (1), Sunset Addition; thence North 02° 32' East along
the West line thereof a distance of 88.2 feet to the point of beginning; thence continue North 02°
32' East along said West line a distance of 25.1 feet to a point on the old Southerly right of way
line of U.S. Highway #62; thence North 88° 46' East along said old right of way line a distance
of 95.2 feet to a point on the East line of Lot Two (2), Block One (1), Sunset Addition; thence
South 02° 32' West along said East line a distance of 15.0 feet to a point on the Southerly right
of way line of U.S. Highway #62; thence South 88° 46' West along said right of way line a
distance of 64.1 feet to a point; thence South 71° 16' West along said right of way line a distance
of 33.3 feet to the point of beginning and said exception containing 1583 square feet, more or
less.
AND
Lots Numbered Three (3) and Four (4) in Block One (1) of Sunset Addition, an 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 to Washington County, Arkansas. LESS AND EXCEPT starting at the
Southwest comer of Lot One (1), Block One (1), Sunset Addition, thence North 02° 32' East along
the West line thereof a distance of 113.3 feet to a point on the old Southerly right of way line of
U.S. Highway 62; thence North 88° 46' East along said right of way line a distance of 95.2 feet
to the point of beginning; thence continue North 88° 46East along said existing right of way line
a distance of 100.2 feet to a point on the East line of Lot Four (4), Block One (1); thence South
02° 32' West along said East line a distance of 15.0 feet to a point on the Southerly right of way
line of U.S. Highway 62; thence South 88° 46' West along said right of way line a distance of
100.2 feet to a point; thence North 02° 32' East a distance of 15.0 feet to the point of beginning
and said exception containing 1503 square feet, more or less.
PERMANENT EASEMENT DESCRIPTION:
A fifteen (15) foot wide permanent utility easement across the above described property, being
parallel with and contiguous to the south property line and situated on the north side thereof. This
permanent easement contains 2,983 square feet (0.068 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.
GENERAL UTILITY EASEMENT
Stevens
Page 2 of 2
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.
WITNESS the execution hereof on this the 21 YL day of �A____________________, 2000.
Ange olleen Stevens
ACKNOWLEDGMENT
STATE OF ARKANSAS
a
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 Joel Coy Stevens
and Angela Colleen
Stevens, husband and wife, to me well
known as
the persons who executed the foregoing
document, and who
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 297-f+ day of f iJAI (c.. 2000.
Notary Public
MY COMMISSION EXPIRES:
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PROPOSED 300 VACATION
OLD FARMINGTON ROAD
(VA00-6.00)
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EASTERN AVENUE
Parcel No. 765-1119&000
Parcel No. 765-11201-090
Parcel No. 765-14641-000
Parcel No. 765-14842-000
ACCESS! GENERAL UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE, Joel Coy Stevens and Angela Colleen Stevens, husband and wife, 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 access easement and 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:
PROPERTY DESCRIPTION: (Document Reference: City of Fayetteville VA00-6.00)
That portion of vacated and abandoned right of way located at Old Farmington Road, between
Beachwood Avenue and Eastern Avenue, being adjacent to Parcel Nos. 765-11198-000, 765-
11201-000, 765-14841-000, and 765-14842-000.
PERMANENT ACCESS AND GENERAL UTILITY EASEMENT DESCRIPTION:
A part of the Southwest Quarter (SW%.) of the Southeast Quarter (SE%) of Section 17, Township
16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more
particularly described as follows:
That portion of vacated Old Farmington Road which extends from Beachwood Avenue to Eastern
Avenue along the South line of Lots 1 through 4, Block 1, of the Sunset Addition to the City of
Fayetteville (Parcel Nos. 765-11198-000 and 765-11201-000), and along the North line of the
Stevens property as filed in Deed Ref. 99-22144 and 99-22145 (Parcel Nos. 765-14841-000 and
765-14842-000). of the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County,
Arkansas, said portion beginning at the Southwest comer of said Lot 1, Block 1, Sunset Addition;
thence South 86° 49' 11" East 198.86 feet; thence South 02° 36' 45" West 15.0 feet; thence
South 86° 49' 11" East 141.94 feet; thence South 02° 40' 33" West 15.0 feet; thence North 86°
49' 11" West 340.71 feet; thence North 02° 2T 56" East 30.0 feet, to the Point of Beginning, and
containing 8,093 square feet (0.186 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.
• •
ACCESS AND GENERAL UTILITY EASEMENT
Stevens
Page 2 of 2
WITNESS the execution hereof on this the 29µL day of , 2000.
Joel Coy Stever
STATE OF ARKANSAS
COUNTY OF WASHINGTON
P!!! 1!
ACKNOWLEDGMENT
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 Joel Coy Stevens and Angela Colleen
Stevens, husband and wife, to me well known as the persons who executed the foregoing document, and who
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.
Notary Public
MY COMMISSION EXPIRES:
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EASTERN AVENUE
PROPOSED 30VACATION
OLD FARMINGTON ROAD
(VA00-6.00)
Parcel No.765-11202-COO
GENERAL UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT the Jack Tidball Post 2722, Veterans of Foreign Wars of the United States of America, 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:
PROPERTY DESCRIPTION: (Deed Book 936 at Page 259)
Lots Numbered Five (5) and Six (6) in Block Numbered One (1) in Sunset Addition to the City of
Fayetteville, Arkansas, as designated upon the recorded plat of said Addition.
LESS AND EXCEPT (Deed Book 1008 at Page 585): Part of Lots 5 and 6, Block 1, Sunset
Addition to the City of Fayetteville, Washington County, Arkansas, more particularly described
as follows: Starting at the Southwest comer of Lot 1, Block 1, Sunset Addition; thence North 02°
32' East along the West line thereof a distance of 113.3 feet to a point on the existing Southerly
right of way line of U.S. Highway #62; thence North 88° 46' East along said existing right of way
line a distance of 195.4 feet to the point of beginning; thence continue North 88° 46' East along
said existing right of way line a distance of 7.1 feet to a point; thence North 88° 11' East along
said existing right of way line a distance of 93.2 feet to a point on the East line of Lot 6, Block 1;
thence South 02° 32' West along said East line a distance of 15.0 feet to a point on the proposed
Southerly right of way line of said U.S. Highway #62; thence South 88° 11' West along said
proposed right of way line a distance of 92.1 feet to a point; thence South 88° 46 West along said
proposed right of way line a distance of 8.2 feet to a point; thence North 02° 32' East a distance
of 15.0 feet to the point of beginning and containing 1500 square feet, more or less.
PERMANENT EASEMENT DESCRIPTION:
A fifteen (15) foot wide permanent utility easement across the above described property, being
parallel with and contiguous to the south property line and situated on the north side thereof. This
permanent easement contains 1,530 square feet (0.035 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 covenantor agreement not herein expressed.
GENERAL UTILITY EASEMENT
VFW
Page 2 of 2
WITNESS the execution hereof on this the a 4 O day of �U [-) f: , 2000.
JACK TIDBALL POST 2722
VETERANS OF FOREIGN WARS OF THE UNITED STATES OF AMERICA
BY: 4-/ c'i _.
DdNiet E➢RNAA,JA (umwAcr
[Please print or type Name andtitle]
ATTEST:
BY:
[Please print or type Name and Title)
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before the undersiggned, a duly commissioned and acting
Notary Public within and for said County and State, personally appeared O9 ,.St El C` /3i7s..a AJ PC
and tn.J/.+%F rl r,cs&-.1 C) (K and to me well
known as the persons who executed the the foregoing gmo g document, and who stated and acknowledged that they are
the fiacT Coand ()OA?b21-f&VT(.t and ,
respectively, of the Jack Tidball Post 2722 Veterans of Foreign Were of the United States of America, and are duly
authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of
said VFW Post 2722, and further stated and acknowledged that they had so signed, executed and delivered said
instrument for the consideration, uses and purposes therein mentioned anndd set forth.
WITNESS my hand and seal on this 9 Thay of 2000.
MY COMMISSION EXPIRES: Notary Public
7' q� ^ :
R ( Dona]dDonner;
Notary Public, State of Arkansas
Washington County
My Commission Exp. 07232007
BEECHWOOD AVENUE
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135.43
EASTERN AVENUE
PROPOSED 30' VACATION
OLD FARMINGTON ROAD
(VA00-6.00)
Parcel No. 765-11202-000
C
ACCESS / GENERAL UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT the Jack Tidball Post 2722, Veterans of Foreign Were of the United States of America, 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 access easement and 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:
PROPERTY DESCRIPTION: (Document Reference: City of Fayetteville VA00-0.00)
That portion of vacated and abandoned right of way located at Old Farmington Road, between
Beachwood Avenue and Eastern Avenue, being adjacent to Parcel No. 765-11202-000.
PERMANENT ACCESS AND GENERAL UTILITY EASEMENT DESCRIPTION:
A part of the Southwest Quarter (SW'/.) of the Southeast Quarter (SE%) of Section 17, Township
16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more
particularly described as follows: I
That portion of vacated Old Farmington Road along the South line of Lots 5 and 6, Block 1, of the
Sunset Addition to the City of Fayetteville (Parcel No. 765-11202-000), said portion commencing
at the Southwest comer of Lot 1, Block 1, Sunset Addition; thence South 86° 49' 11" East 198.86
feet, to the Point of Beginning, said point also being the Southwest comer of said Lot 5, Block 1,
Sunset Addition; thence South 86° 49' 11" East 101.98 feet;lthence South 02° 49' 39" West 15.0
feet; thence North 86° 49 11" West 101.92 feet; thence North 02° 36' 45" East 15.0 feet, to the
Point of Beginning and containing 1,529 square feet (0.035 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. I
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.
WITNESS the execution hereof on this the � ® day of 'Su E 2000.
JACK TIDBALL POST 2722
VETERANS OF FOREIGN WARS OF THE UNITED STATES OF AMERICA
ATTEST:
[Please print or type Name and Title]
BY: '! u�...-{'i G o1J'at r•<..��.
Th,i/NIL-Z C. BOu.J,1++, Ti, Ce�•+hnu uDz.
[Please print or type Name and Titlej
BY: cr
[Please print or type ame ��
i le
S •
ACCESS AND GENERAL UTILITY EASEMENT
VFW
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 OA. -f 9e e• 8 -.. 1J S2 '. Pc
and 14k'14k'SS �-, / 4r`' and 'tome well
known as the persons who executed the foregoing document, and who stated and acknowledged that they are
the Co.,.,g,-•arw and 4 1![i&ti44.Ctt'fl— and
respectively, of the Jack Tidball Post 2722 Veterans of Foreign Wars of the United States of America, and are duly
authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of
said VFW Post 2722, 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 a Q day of Su�� , 2000.
MY COMMISSION EXPIRES: Notary Public
7-23o7
Donald Datnet
Notary Public, State n1 *skansas
Washington County
My Commission Exp. 07/23/2007 ;?r
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1
• STAFF REVIEW FORM •
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of July 3, 2000
FROM:
Tim Conklin Planning Public Works
Name Division Department
ACTION REQUIRED: To approve an ordinance for VA 00-6, 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.
COST TO CITY:
St
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:
.�r
Purchasing Officer
Date Internal Auditor Date
Date
Date
ADA Coordinator
STAFF RECOMMENDATION: Staff recommended approval and Planni.
0 to recommend approval and forward the vacation to the City Council. This
agenda on June 12, 2000.
Date
Date
ate
6y/IV
Date
Date
mmission unanimously voted 9 -0 -
was heard as a part of the consent
Cross Reference
New Item: Yes
Prev Ord/Res #:
Orig Contract Date:
Orig Contract Number:
FAYETTEV&LE
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 4252 approving VA 00-6.00
submitted by Joe and Angela
Stevens.
The
original will be microfilmed and filed with the
City Clerk.
AUG-02-2000 1542 N W A TIMES P. 10/16
VA00.8.00 TO VACAZP AND
ABANDON A poi I OF STATE OF ARKANSAS
CITY RIGHT-Oq
ED AT OLD FARMINGTONR RD.. BETWEEN BEECH -
WOOD AVE, ANO EASTERN County of Washington ss.
AVE.. SUBMITTED BY JOE
AND ANGELA STEVENS..
WHEREAS. The City Councu I, JEFF JEFFUS; hereby certify that I am -the publisher of THE
has the authority undei A:c.A. NORTHWEST ARKANSAS TIMES, g
i4 -54-1O4 to vacate public adarly newspaper having a second loss
grounds or portions thereof mailing privilege, and being not less than tour a es of five columns.each
which are not requaed for cor. P g ,
Porate purposes, and published at a fixed place of business and at fixed (daily) intervals
WHEREAS, the City Council continuously in the City of Fayetteville, County of Washington, Arkansas for
has demnnined that the Wfow-
Ng described 110111 -or -way a not more than a period of twelve months, circulated and distributed from an
rcquired for corporate purpos-
esestablished place of business to subscribers and readers generally of all
NOW, THEREFORE, BE IT classes in the City and County for a definite for each
ORDAINED BY THE CITY price copy, or a fixed
COUNCIL OF THE CITY OF price per annum, which price was fixed at what is considered the value of the
FAYETTEVILLE, ARKANSAS:
Seelon ,. That the City of publication, based upon the news value and service value it contains, that at
Fayetteville, Arkansas hereby least fifty percent of the subscribers thereto have paid for their subscriptions
BC3? S and abandons a Of its
rights together with the rtgnts of to the newspaper or its agents or through recognized news dealers over a
the public generall. In and to period of at least six months and that the said newspaper publishes an
this following deseibed right -oh
way: average of more than forty percent news matter.
See Exhibit'A- atrachod hereto.
and made a part hereof.
$`H°s' This a copy of this I further that the legal notice attached in the matter of
City
Ordtnanee duty cerroofficea the Recorder d by the
Clerk shall be ef the i
filed
of the
County and recorded in ins
Deeds Records of n eeur ry.
Section 2. That the above is
contingent upon receiving the was published in the regular daily issue of said newspaper for
rent W noedirenon of the cur- consecutive insertions as follows; gh oI-acc as a see- / /a
me utility and access at 15'
mein and dedication of at +5'
utility easement located adls- The first insertion on the day of 2
cem and parallel to the nORn
side of the easing 30' right-al.
the second insertion on the day of 20 — i3PASSED AND APPROVED
this 5th day of July: <""000. (�, /
APPROVED-, the third insertion on the
By: Fred Hanna, Mayor day of 2Q --
ATTEST:
By: Hoathet Woodruff, City the fourth insertion on the day of
Clerk
F7CHIBtT 'A'
LEGAL DESCRIPTION FOR
VA 00.8
A part or the sw,/4 of the Pu is r/General Manager
SE!/4 of Section 17. Township
,8 North, Rangb 30 West City �] of Fayolteville, Washington Sworn to and subscribed before me on this �Jy'1
County, Arkansas being more day of
particularly described as rot-
bws:
That portion M Did Farmington 2OrLLL ;
Road- which extends from
Beachwood Ave. to Eastern
Ave. along the South lint of "''"""�•
Lots 1 tMougH a of .1,5 Sunset -
Additipn, slack 1. rd the City of ` :C. -"•'Notary Public
FayadeuMont ille and along me Noi, ry,- ,
line of Parcels 1, 2nd 'a 3 -of the - •-/ "r":-^.r•'J.. ` �...- {
Mitchell oil property as film !n My Commission Expires: -`
deed book pill at page 410 antl s.
•• . '...• - - ... :!0`'•v" ` . OOIC L
indeed Cl at poffice, i/:.: •(z cceC.••`c: i1.. .
at the Circuit Clerk's Arkansas. Fees
Said39
portion
n C0$ urn�road beginning
41 Th potion te road beginning Fails for Printing ...................................................:...$
Sl the $Ad mrer Blot , said
Sunset Addition, Block 1,, (pled
being me NE corner of the itr ; Cost of Proof ....................... ..........................,$
rsecnon of Old Farmington """""'
Rd. and Beechwood Ave.)
te
thence S8849.11- E340.a2 Tt- / I
10et: thonce SO2.40'33" Woal......_.................................................................$
30.00 feet.rhence N 86°49'11
IN 340.71 feet; thence f.
NO2'27'SW E 30.00 feel tot Bra
point of beginning, containing
0.235 acres. more or less, and
Subject to a 20 foot sower
Basement to be in effect and
centered along the existing
sewer main located within the
vacPned meet fight-of:vey and
a 15 1001 utility easement along
the South line of the vacated
right-of-way encompassing ex,
fitting utliliee along Said South
tine.