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HomeMy WebLinkAboutOrdinance 4421 ORDINANCE NO. 4421 AN ORDINANCE APPROVING VAC 02-9.00 AND VAC 02- 10.00 TO VACATE AND ABANDON TWO SECTIONS OF UTILITY EASEMENTS LOCATED WITHIN LOTS 2 AND 34 OF THE DEERFIELD SUBDIVISION, CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE ATTACHED MAP AND LEGAL DESCRIPTION. 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 easement: See Exhibit "A" attached hereto and made a part hereof. Section 2. That a copy of this Ordinance duly certified by the City Clerk-shall bei m filed in the office of the Recorder of the County and recorded in the Deed Records of the: Cdaty' CO CD PASSED and APPROVED this 17`" day of September, 2002. o 2= m � C- i0 C APPROVED: � . m 0 By: SL DAN COODY !or I ; � _ ` ' eK'Woodruff, City Clerk 7 203 ^ 171406 Ord . 4421 EXHIBIT "A" VAC 02-9.00 Vacate the east 5 ' of a 30' utility easement beginning 25 ' east of the SW Corner of Lot 34 thence North 70.00' thence East 5 .00' thence South 70.00' thence West 5.00' . VAC 02-10.00 Vacate the West 5 .00' of a 30' utility easement beginning 25 ' West of the SE corner of lot 2 thence West 5 .00' thence North 60.37 ' thence East 5.00' thence South 60.37 ' . 2002. 171' 401 • i 1, gah0 tltempo, CItcW4 Clark and Px-oP,ldo Raowrdw la Waahln�ton Ctw y, Arkenoee, do hw oby certify that thio ine.. umant wee 11ad for recd d In my afnce as Indleaw, hereon end the aama ie now duly recorded with the ooknwwladgomant end ov"we thereon In Reoord aowk and page es Indicated thereon. IN WITNESS WHEREOF, I have hereunto set my hand and arAzad the seal of said Court on the date indi- cated hereon, Be tamps Circuit d Bcio Recorder by It f NAME OF FILE: Ordinance No. 4421 CROSS REFERENCE: Item # Date Document 1 09/17/02 Ordinance 4421 2 09/05/02 Staff review form 3 09/20/02 Letter from Heather Woodruff to Tim Conklin NOTES : ORDINANCE NO. AN ORDINANCE APPROVING VAC 02-9.00 AND VAC 02- 10.00 TO VACATE AND ABANDON TWO SECTIONS OF UTILITY EASEMENTS LOCATED WITHIN LOTS 2 AND 34 OF THE DEERFIELD SUBDIVISION, CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE ATTACHED MAP AND LEGAL DESCRIPTION. 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 easement: See Exhibit "A" attached hereto and made a part hereof. Section 2. That a copy of this Ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. PASSED AND APPROVED this day of 92002. APPROVED: DRAFT By Dan Coody, Mayor ATTEST: DRAFT By Heather Woodruff, City Clerk EXHIBIT "A" VAC 02-9.00 Vacate the east 5 ' of a 30' utility easement beginning 25 ' east of the SW Corner of Lot 34 thence North 70.00' thence East 5 .00' thence South 70.00' thence West 5.00' . VAC 02-10.00 Vacate the West 5 .00' of a 30' utility easement beginning 25 ' West of the SE corner of lot 2 thence West 5 .00' thence North 60.37' thence East 5 .00' thence South 60.37' . STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of September 17 , 2002 FROM : Tim Conklin Planning Urban Development Name Division Department i ACTION REQUESTED : To approve an ordinance for VA 02- 9 . 00 and 10 . 00 as submitted 1 by Dave Jorgensen of Jorgensen & Associates on behalf of Chuck Calloway for 1 property located at 1429 & 1430 Deerfield Way which are lots 2 and 34 of Deerfield Subdivision . The request is to vacate two sections of utility easements . COST TO CITY : { $ 0 ] Cost of this request Category/ Project Budget Category/ Project Name Account Number Funds used to date Program Name Project Number Remaining balance Fund BUDGET REVIEW : Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : Accounting Manager Date ADA Coordinator Date City Attorney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommends approval . This item is scheduled to be heard by the Planning Commission at the September 9 , 2002 meeting . - sow Cross Reference Division Head Date Department Director Date New Item : Yes No Administrative Services Date - Prev Ord/Res# : Director Mayor Date Orig Contract Date : FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, Planning Division From: Heather Woodruff, City Clerk Date: September 20, 2002 Please find attached a copy of Ordinance No. 4421 approving Request VA 02-9.00 and VA 02- 10.00 to vacate and abandon two sections of utility easements located within Lots 2 and 34 of the Deerfield Subdivision. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit l