HomeMy WebLinkAboutOrdinance 4521 ORDINANCE NO. 4521
AN ORDINANCE APPROVING VAC 03- 10.00 TO VACATE
AND ABANDON A 10' UTILITY EASEMENT ALONG LOTS
233 245 AND 25 OF THE JACKSON' S FIRST ADDITION AS
DESCRIBED 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 along with the
map attached hereto and labeled Exhibit `B" 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 the 7 h day of October, 2003 .
�` FpVETr4
APPROVE
` 3 a l . By: P
ANC ODY, Mayo
a •
L
'
By: 60"J &l&MU
SONDRA SMITH, City Clerk
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID : 008835780002 TVD9 : REL
Recorded : 10/24/2003 at 09 : 14 : 04 AM
Fee Amt : $11 . 00 Psis 3 2
Mashlnaton County . AR
Bette Stamps circuit Clerk
F13e2003-00055990
EXHIBIT "A"
VAC 03-10.00
A STRIP OF LAND TEN ( 10) FEET WIDE CENTERING ON THE FOLLOWING DESCRIBED
LAND: BEGINNING AT A POINT ONE HUNDRED SEVENTY-EIGHT ( 178) FEET WEST
OF THE NORTH EAST CORNER OF THE SOUTHWEST '/4 OF THE NORTHWEST '/< OF
SECTION ELEVEN (11 ), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST,
RUNNING THENCE SOUTH A DISTANCE OF ONE HUNDRED (100) FEET, THENCE
SOUTH AT FIFTY-SIX (56) DEGREES WEST A DISTANCE OF ONE HUNDRED FIFTY
( 150) FEET TO THE INTERSECTION OF APPLEBURY DRIVE.
Washington County, AR
I certify this instrument was filed on
10/24/2003 09: 14:04 AM
and recorded in Real Estate
File Number 2003-00055990
Bette Stam s - Circuit Clerk
NAME OF FILE: Ordinance No. 4521
CROSS REFERENCE:
Item # Date Document
1 10/07/03 Staff Review w/attachments:
draft ordinance
memo to mayor & city council
memo to planning commission
memo to planning commission
letter to planning commission
plat
copy of Right of Way Grant
copy of Close Up View
copy of One Mile View
copy of planning commission minutes
2 10/13/03 memo to Dawn Warrick
3 10/17/03 lAffidavit of Publication
NOTES:
10/24/2003 filed with the Washington County Circuit Clerk
NORTI#JEST ARKANSAVAEDITION
A&insas Democrat IV (f)azette
RECEIVE [
OCT 2 2 2003
CITY OF FAYETTEVILLE
AFFIDAVIT OF PUBLICATIOWCLERKS OFFICE
I , do solemnly swear that I am
Leghl Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell , Arkansas, and that
from my own personal knowledge and reference to the files of said
publication , that advertisement of:
(hd i nQ n � `t5oll was inserted in the regular editions on
I C, 1�+ - c�
PO# 03 � OQCX) 1 `5
"' Publication Charge : $
Subscribed and swom to before me this
ao }� day of QC ev- 2003.
_ —ORDINANCE NO. 4521
AN ORDINANCE APPROVING VAC 03.10.00 TO VACATE
VACATE AND
'ABANDON A EASEMENT ALONG LOTS
23. 24,
— AND
25OF THE JACKSON'S ADDITION ASDESCRIBED
-
ON THE ATTACHED MAP AND LEGAL DESCR.. C. c ., ,...(
Notary Public WHEREAS the Dry Council las the authority under q CA. § �9 SDI Fa~lle
14-54-104 to vacate Public greunQ4 or Portion thereof which
are rot required to corporate Purposes. and
My Commission Expires: a7/zsya�l3 ZERE^B, the Gry,CPunal nes dete�inad et the falo� g descnbed utiiiry �sare�t Is not
required far corponoe purposes.
NOW, TNEREFORE, ' HE R ORDAINED BY ME CRY COUNCIL OF TtIE CRT OF
FAYET MLLE, ARKANSM ,
Section 1. That the City of FayefteNle. Afkarri hereby vacates and abandons; all of its rights together
" Please do not pay from Affidavit. wird the rights of the Public generally, In and to the following described Ndty easernenL
An Invoice will be sent. sae E#libit 'A' allachW hereto and made a Pert hereof.
Section 2. That a copy of this Ordinance duty certified by the City Dark along with the mars ettachad
hereto and labeled Ext blt 'S' shall be filed in the office of the Recprder of the County and recorded In
the Deed Records of the County.
PASSED mW APPROVED this On 7th •q of Oetnber, 2007. '
=Publlc-tansas
eal APPROVED:
L ARGO DAN COODY, Mgrer,
rkansas "By:
COUNTY SONDRA BMRH, City Cleftres 07-25-2013 EXHIBIT 'A'
VAC 03-10.00
A STRIP OF LAND TEN (10) FEET WIDE CENTERING ON THE FOLLOWING DESCRIBED LAND:
BEGINNING AT A POINT ONE HUNDRED SEVENTY-EIGHT (178) FEET WEST OF THENORTHEAST
CORNER OF THE SIXTEEN (116)SOUTHWEST RTH1RANGE THIRTY (30) WEST,
74 OF THE NORTHWEST 114 OF RUNNINGTHENCE SOUTHCTION ELEVEN to
TOWNSHIP
DISTANCE OF ONE HUNDRED (100) FEET, THENCF,SOUTH AT RFT'-SIX (56) DEGREES WEST A
DISTANCE OF ONE HUNDRED FIFTY (150) FEET TO THE INTERSECTION OF APPLEBURY DRIVE.
t,
212 NORTH EAST AVENUE P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
l
p2,/)
?/ /03
STAFFOVIEW FORM - NON-FINANCIAL AIGATION /00 1 -7 j
x AGENDA REQUEST
For the Fayetteville City Council Meeting of: October 7, 2003
FROM:
Dawn Warrick Planning CP&E
Name Division Department
ACTION REQUIRED : Ordinance Approval.
SUMMARY EXPLANATION:
VAC 03- 10.00 was submitted by Charles Brickey on behalf of Tamara Breland Brickey for property located at
1765 Applebury Road. The property is zoned RSF-4, Residential Single-Family, four units per acre. The
request is to vacate a 10' utility easement through lots 23, 24 and 25 of the Jackson's First Addition.
STAFF RECOMMENDATION:
Staff recommended approval and on September 8, 2003 the Planning Commission voted 8-0-0 to recommend
approval of this Vacation by the City Council.
Received in Mayor's Office
Division Head to Date
6A t { 03
City Attodney ate
— —�G'`�3 Cross Reference:
Department Director Date
Previous Ord/Res#:
Finance & Internal Services Dir. Date Orig. Contract Date:
9 � Orig. Contract Number:
Chie dministrative Officer Date
New Item : Yes No
ayor
ORDINANCE NO,
AN ORDINANCE APPROVING VAC 03-10.00 TO VACATE AND ABANDON
A 10' UTILITY EASEMENT ALONG LOTS 23 , 24, AND 25 OF THE
JACKSON' S FIRST ADDITION AS DESCRIBED ON THE ATTACHED MAP
AND LEGAL DESCRIPTION.
WHEREAS, the City Council has the authority under A.C.A. §14 544- 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 OF
FAYETTEVILLE, ARKANSAS: \\\� 4
-�_.
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: � N } `ti'
See Exhibit A attached herkoo and made apart hereof.
Section 2. That,a.p_of this Ordinance duly certified by the City Clerk along with the
map attachedThereto and labeled Exhibit "B" shall be filed in the office of
the Recorder of the County and recorded in the Deed Records of the County.
PASSED AND APPRQVy&4ti s � 4y of 2003.
APPROVED:
ti
cr
B
Y
Dan Coody, Mayor
ATTEST:
By
Sondra Smith, City Clerk
EXHIBIT "A"
VAC 03-10.00
A STRIP OF LAND TEN (10) FEET WIDE CENTERING ON THE FOLLOWING DESCRIBED
LAND: BEGINNING AT A POINT ONE HUNDRED SEVENTY-EIGHT (178) FEET WEST
OF THE NORTH EAST CORNER OF THE SOUTHWEST /40F THE NORTHWEST '/< OF
SECTION ELEVEN (11 ), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST,
RUNNING THENCE SOUTH A DISTANCE OF ONE HUNDREDA�100) FEET, THENCE
SOUTH AT FIFTY-SIX (56) DEGREES WEST A DISTANCE,OFO E HUNDRED FIFTY
( 150) FEET TO THE INTERSECTION OF APPLEBURY DRIVE
P
Arrc t
Qi:: A 2i '•
FAYETT?VILLE CC Meeting of October 7, 2003
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501) 575$267
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Dawn Warrick, AICP, Zoning & Development Administrator
THRU: Tim Conklin, AICP, Director of Community, Planning & Engineering Svcs.
DATE: September 16, 2003
VAC 03-10.00: Vacation (Brickey, pp 409) was submitted by Charles Brickey on behalf of
Tamara Breland Brickey for property located at 1765 Applebury Rd. The property is zoned RSF-
4, Residential Single-family, 4 units per acre. The request is to vacate a 10' utility easement
through lots 23, 24 and 25 of the Jackson' s First Addition.
BACKGROUND
The applicant is requesting to vacate a water and sewer easement which was granted in the late
1950's with the development of the Jackson's First Addition to the City of Fayetteville. During the
development of this subdivision, the easement was not utilized and remains clear of utility lines at
this time. Water and sewer lines were installed in alternate locations, generally along the north and
east property lines of the subject lot.
No objections from the adjacent property owners have been submitted to the City. Responses
from utility companies cited no objections. The City's Water and Sewer Maintenance Division
did request that easements along the north and east property lines be widened as necessary to
cover existing lines with at least 10' of easement on either side of the water or sewer lines to
allow for proper access and maintenance activities. This request is reflected in staff's
recommended conditions of approval.
PUBLIC COMMENT
At the public hearing before the Planning Commission, adjoining property owner to the east, Mr.
Robert Harpster, commented on the recommendation for additional easements to cover existing
lines had how that recommendation may effect his property. It was stated that the only property
that this action can affect is the applicant' s and that in the future, should he make a similar
request or propose additional development, expanded easements on his property may be
necessary depending upon the exact location of utility lines within those easements.
CURRENTSTATUS
On September 8, 2003, the Planning Commission voted 8-0-0 to forward this request to the City
Council with a, recommendation for approval subject to conditions recommended by staff.
RECOMMENDATION
Approval of the proposed utility easement vacation 03- 10.00 subject to conditions stated in the
attached staff report.
K:IReporuUO031CC REPORZYOctober meetingslvac03-10_brckey_ec memo.doc
• VAC 03-10. 00
Page I
PC Meeting of September 8, 2003
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113W. Mountain SL
Fayetteville, AR 72701
TO: Fayetteville Planning Commission Members
THRU: Dawn Warrick, AICP. Zoning & Development Administrator
FROM: Matt Casey P.E. Staff Engineer
DATE: September 4, 2003
VAC 03-10.00: Vacation (Brickey, pp 409) was submitted by Charles Brickey on behalf of
Tamara Breland Brickey for property located at 1765 Applebury Rd. The property is zoned RSF-
4, Residential Single-family, 4 units per acre. The request is to vacate a 10' utility easement
along lots 23, 24 and 25 of the Jackson's First Addition.
Findings: See the attached maps and legal descriptions for the exact locations of the requested
drainage easement vacation.
No objections from the adjacent property owners have been submitted to the City.
The applicant has submitted the required notification forms to the utility companies and to the
City. The results are as follows:
UTILITIES RESPONSE
Ozarks Electric No Objections.
AEP/SWEPCO No Objections
Arkansas Western Gas No Objections
SW Bell No Objections.
Cox Communications No Objections.
City of Fayetteville:
Water/Sewer No Objections — See conditions of
approval
Transportation No Objections
Solid Waste No Objections
® VAC 03-10. 00
Page 2
Engineering No objections
Recommendation : Approval of the proposed utility easement vacation 03- 10 .00 subject to the
following conditions.
Conditions of Approval:
I . Any relocation of existing utilities will be at the owner's expense.
2. The easement for the actual water main location shall be expanded to 10' on either side of
the main. Only the portion of this 20' that falls on this property must be dedicated at this
time.
3 . The sewer main easement on the back property line must be expanded to 10' on either
side of the main. Only the portion of this 20' that falls on this property must be dedicated
at this time.
PLANNING COMMISSION ACTION: ves Required
Approved Denied
Date:
CITY COUNCIL ACTION: yes Required
Approved Denied
Date: / /
• •
1765 Applebury Drive
Fayetteville, AR 72701
August 4, 2003
Planning Commission
City of Fayetteville
Fayetteville, AR 72701
Dear Planning Commission Members,
We have requested the vacation of a sewer and water easement. This sewer
and water easement was granted with the original plat in 1958 . When the
houses were built in this sub-division, during the late 50' s and early 60 ' s,
different easements were used to lay the water and sewer lines. This house
was built in 1963 , by the orginal developers of the re-plat. We believe the
easement, not just across the property, but almost through the center of the
house, should of been vacated before this house was built.
When Tamara bought this house the former owners did not mention the
easement, nor did the abstract company or the realators. We want to make
improvements to our home, perhaps a small addition, but cannot because of
this easement. If we chose to sell the house, the easement will be an
albatross because of the disclosure act.
Sincerely,
Cz
Tamara Breland Brickey
GWS
Charles Lee Brickey
RECEIVED
AUG 0 6 2003
PLANNING DIV.
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Planning Commission• •
September 8, 2003
Page 31
VAC 03-10.00: Vacation (Brickey, pp 409) was submitted by Charles Brickey on behalf
of Tamara Breland Brickey for property located at 1765 Applebury Rd. The property is
zoned RSF-4, Residential Single-family, 4 units per acre. The request is to vacate a 10'
utility easement along lots 23, 24 and 25 of the Jackson's First Addition.
Hoover: Item number three on the agenda is VAC 03-10.00 at 1765 Applebury
Road. Dawn?
Warrick: This is a request to vacate a 10' utility easement along lots 23, 24 and 25
of Jackson's First Addition for property located at 1765 Applebury. Staff
has reviewed this project request. No objections were voiced from
adjoining property owners and no objections were voiced by utility
representatives. We did have recommendations for conditions of approval
through the Water and Sewer Maintenance Division and those are the
conditions with which staff is recommending this Vacation. Those
conditions, stated on page two of your staff report, include 1) Any
relocation of existing utilities will be at the owner's expense. 2) The
easement for the actual water main location shall be expanded to 10' on
either side of the main. Only the portion of this 20' that falls on the
subject property must be dedicated at this time. 3) The sewer main
easement along the back property line must be expanded to 10' on either
side of the main. Again, only the portion of the 20' that falls onthe
subject property will be dedicated at this time. With those conditions staff
is recommending in favor of this utility easement vacation.
Hoover: Thank you. Would the applicant come forward please?
Brickey: Good evening. Thank you guys for serving on this council. I have been in
Fayetteville since 1958. My wife has been here for seven years. We
handed out a map. If you notice, the first map that we have is a small
map, this is a 1957 map that was accepted by the city and filed with the
county in 1957. It does not show the present easement that is in question
right now. In between in 1958 an easement was granted by Harry
Jackson, who did this development. They got in there and as you know,
Applebury is steep over there and has some rough terrain. He got over
there and said this isn't going to work and they came up with a replat. If
you notice, this replat is 1959, it is very careful here because the easement
is 1958. Up here on our lot, up here in this corner it is not present at all in
any shape, form, or fashion across our property. This is the document that
was filed by the city with the county. They got in there, started building
and low and behold, in 1962 they said we're having trouble with the sewer
line because Jackson gave them an additional 5' easement along the north
property bound and the east property bounds. It isn't sufficient so in 1962
he granted another easement that is along the north property bounds which
is an additional 15' into the property, not to the utility line but 15' in from
the property. In 1963, if you will notice on the papers that we handed you
Planning Conm�issior� •
September 8, 2003
Page 32
all, our house was permitted. If you will look at the map carefully they
show the easement on the north side. They show no easement where the
house is. If you look carefully at the city maps the city maps show the
easement directly under the house. I can't believe that a reasonable city
inspector, that a reasonable builder would've built a house on a water and
sewer easement. This is only a water and sewer easement, this is not a
power easement, this is not a cable easement, this isn't a phone easement,
this isn't a gas easement. This is only a water and sewer easement simple.
We believe that the city gave up this easement. when it permitted the house
to be built there.
Hoover: Are you done with your presentation?
Brickey: Yes.
Hoover: Thank you. Right now I want to open this up to public comment. Is there
anyone who would like to comment on this VAC 03-10.00?
Harpster: My name is Robert Harpster, I live at 1759 N. Applebury, which is lot 23
in the corner which abuts immediately to the east of the property in
question that you are discussing tonight. I have a comment and then
probably in the form of a question where I need clarification both
financially, administratively and legally as to the second condition for
approval which is to go to a 10' on either side easement as opposed to a 5'
which currently exists. I have a 109' mixed aggregate concrete driveway
that abuts right on that 5' line. If you now go to an additional 5' or 10' out
it is going to take basically 5' theoretically off of my 9' wide driveway
that has already been in existence for some time. I am very concerned and
would object certainly to the 10' going out on those two pieces of
property. If it is approved with that condition I would like to know what
the legal and financial ramifications are if they have to go in and tear up
my driveway for 109' because of a water or sewer easement that we are
talking about. Where does the cost implication fall on me as an owner?
Thank you.
Hoover: Thank you. Is there any other member of the public that would like to
address us? Seeing none, I will bring it back to the Commission. Dawn,
would you address the easement question?
Warrick: He is asking for a legal interpretation.
Hoover: Thank you. Mr. Williams?
Williams: The way I understand it the only part of that proposed easement that
would be affected by this action here would be the part on this man's lot
and not anything on your lot. Even though we would like to have the
Planning Commissioi •
September 8, 2003
Page 33
easement enlarged on both sides of the property line it is my
understanding on the applicant's side of the line that we are talking about
tonight so that the easement, if there is a 5' easement on your property line
Sir it will stay that way unless you decide to do something else. If the city
needed to come in and build a water line or a sewer line in there the city is
required to put the property back in the same condition that it found it
before the water line was put in. If the city actually had to come in and
utilize the easement and destroy your driveway the city would be required
to replace that driveway and put it back as you have it now. That is the
requirements of the easement holder, the city, to do that. You still own the
land, we only have the right to put the pipe underneath the land. After the
pipe would be laid, we would have to replace whatever was on top of that
pipe.
Hoover: Thank you. Mr. Williams, should item number two say that it is expanded
to 10' on either side of the main?
Williams: I don't think it really probably can say that because I think we only have
one applicant in front of us and the other man's property is not in front of
us so we can't be expanding the easement on his side of the line that I'm
aware of. I don't think we can do that.
Hoover: Thank you. That was confusing.
Brickey: The easement that we are talking about, asking to be vacated, is only on
our property. We weren't asking for it to be vacated on any other
properties. There is no existing utilities in that easement. There are two
separate easements there. There is an easement that goes across the east
side and then there is a second easement on that east side that was given in
1958 apparently that goes across that that was never utilized. There is
nothing there. We would be willing to replace that if the time comes, not
if it comes, when the time comes because it will be coming. We have
already had six blow outs on our line down there. What we wanted to do
is add on to our house. We discovered this situation, that was not shown in
the abstract, is not recognized by the abstract title insurance. It is like
where did this come from. It is not on our surveys, the copy of the surveys
that you got from us, it is not listed anywhere.
Bunch: As a matter of clarification, a question for staff. Just where is the water
main? None of our drawings that are in our packet show this and I think it
would clarify things considerably since we're talking about two different
easements and one with and one without pipes in them. Do we have
anybody that knows where it is?
Brickey:
The water
main that we are talking about runs along
the east side of the
property.
The border between our two lots.
The pipe
actually
is more on
Planning Commission •
September 8, 2003
Page 34
our property than his. It was supposed to be laid right on the center of the
property. It is actually about 5' over on the property. They took an
additional 10' or 15' but it is going to be centered on that pipe the way I
read it. That is going to bring the easement, it has been 23' from our
house, that is going to bring it to about 17' what they are asking for.
Shackelford: A clarification for staff. I'm sorry, I'm not real smart tonight. Your
conditions of approval, I'm going to try to simplify this a little bit. Your
conditions of approval are anticipating that we are going to grant the
vacation of the utility easement that is in the house. In exchange for that,
you are asking that we increase the easement that the actual water line is in
by 10' is that correct or to 10'?
Warrick: Staff's condition is to accommodate the existing water and sewer lines that
cross this property along the east property boundary to ensure that there is
adequate coverage in easements for the city to be able to maintain and
work on those lines located in their current location. The Water and
Sewer Maintenance Division has requested that easements be granted so
that there is 10' on either side of the existing line.
Shackelford: Does that 10' on either side of the existing line, does that entire space fall
in this applicant's property.
Warrick: I don't believe that 10' on either side for each of those
lines would.
The
condition
is drafted so that any of that easement area that is
being
requested
that is contained within the subject property is
granted.
Shackelford: Ok, now given what our city attorney said that we can only discuss and
deal with the property of the applicant, how do we need to word that
condition of approval where it matches the 10' on either side of the line on
which it is located on this property, how are we going to reconcile those
two points?
Williams: Actually, now that I know that the water main is not on the proper location
and that it is actually located over on your land, I think the condition of
approval is worded properly. We are only requiring dedication from this
land owner so it is only the property on this side but it is made within the
water main instead of the center of the easement, which is where I thought
it would be because I thought that is where the water main would be. Now
that I know that the water main is actually on your land I think this
condition of approval is probably worded properly. It still does not affect
this other gentleman's land but it does give us 10' on toward your house
plus whatever. Basically almost the entire easement will be on his
property because of the way the water main was put in.
Shackelford: I appreciate the remedial engineering class. I was having a difficult time
Planning Commission' •
September 8, 2003
Page 35
following those two points.
Warrick: Utility lines are not always located in the center of easements.
Hoover: Thank you. Is there any other discussion? Is that clear to everybody? Are
there any motions?
MOTION:
Estes: I would move for approval of VAC 03-10.00 subject to the three stated
conditions of approval.
Allen: I second.
Hoover: There is a motion by Commissioner Estes and a second by Commissioner
Allen. Is there anymore discussion? Seeing none, Renee?
Roll Call: Upon the completion of roll call the motion to forward VAC 03-10.00 to
the City Council was approved by a vote of 8-0-0.
Thomas: The motion carries eight to zero.
FAYETTEVItLE •
THE CITY OF FAYETTEVLLEE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: October 13, 2003
Re: Ord. No. 4521
Attached please find an
'Council,
executed
copy
of the
above referenced ordinance passed by the City,
October 7, 2003
approving
VAC
03-10.00
to vacate and abandon a utility easement.
The ordinance will be recorded
in the
city clerk's office and microfilmed.
If anything else is needed
please let the city clerk's office
know.
/cbp
cc: Nancy Smith, Internal Auditor
John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
TPC
,.Y . y
en. .l•
`RIGHT 4F V Yi GRANT m
cTATE i1F ANNANSAS ' KSbtf ALL MEN BYTT11I IR Fkr PJ 'ENTS: •'
�' (4)1"STS OF ltd°IIINGTON - VVV
1
• ti That for and In consideration of.- Cue "rail _Nn/1010- -r - Ln1 are ., i
nut . tb er ra l oehle rm,Ndcret Ions to the nude reigned, t.nrry da0 kern
CON Ike of City
o la hereby aek Arkansas. [he nici Graorpr corporationuntotheofie, (here m ure.
and ra and sedans, theright ip way andeasementto conthereto;
n, n. lay remove nell
and operate newer and/or water pipe Iines and appurtenances thereto; mr, over, cetera ant
(olipwi ug described real "sorts, [o -x14' -
Fart cf tre. utiweet � of the 4ort hveat ofSection n
V
:even (I]), Lc-wnahli: Sixteen (16) North, renEe Phir 4
(79) de et .
nld right of war andeasemenl bring n:. m Ie rt lruln rlv dearrliwrl as follows, to -wit
A strip of nand t:en (10) feet wldf centering on,
full wing descrlbc3 Ir ndj ? feet
at '' in N t
'L . rd Sevnor fythe (lie) feet «ethr f t
pit vL i '-eP f the col trlVeiJr f 1V F i' -'�• _
L.trtfl Eleven U]), tre'-s'I• '.?s!re'rtI''.•
;e 't.'-tv (1') de.t, n:r. inp t`erne 3.•
f : re l:ndred (f. ) feet, t .I1 flee
i 'e:^era 'let. 9 11.t&nce ,f Cnn�^m,;re
t `eraertion c.^ Apclebvey fr1.,.
TO HAVE AND TO ROLE unto maid Grantee. its succeswus and anslgae,ai long all snob iii tliii lines
and; or s ppurtenances thereto shall. pe mat itslfled, with Ingress to and egress from tha teal (hi ate first,
hereinabove described for the purpose of construction, inspection, maintaining and repairing w+id lura—&
and appurtenanc�of Grantee above deir'ribed, and the removal, renewal. and enlargement of so.:b at will,
in whole or in part ' ? '
The said Grantor is to fully,use and enjoy the said premises exrept for the pirgrrwwm Terri.d✓t r s•i
granted to the mid Grantee. which hereby agrees to bury all pipes. In a sufficient depth s, i
terfere with cultivation of soli, and to jay any damages which nay arise to gnot m't Crop* nr tei .--------
Troth the construction, maintenance -and operation of said pipe; said damages, if not mostly mgr, el up.,
to he ascertained vaud determined by three disinterested persona rme hereof to be aplw:Inl(9 by the F 1
Grantor; one by the said Grantee; and the third by the two so appointed aa, aforesaid,• and the wriIt em _
award of such three persons shall be final and conclualve.
The hconsideration first above reeked as dug paid to Grantor by Grantee is in bill and
In
of-
ever) right hereby granted. rd. All covenants and agreements herein contained shat erlelil to and be bind
ing upon the respective helrm, legal representatives. sur,c ifs and assigns of the. patties hem..
It is heroby.0 litcytrnd and agreed that the party securing this grant in behalf of ilrantfw is wrthi i,[ -
authority to nab' any rndenant or agreernevt not berein expr<axtd. "
ex
- tt19Y SF In... x,-,vtlnn hereof nn thin the./ day of Npdeanber 19 Si)-.. *.
.
A t' K N 0 N L 4: 11 G M F, e T
STATE OF ARKANSAS - I
OLNTY OF' tl ASIIINGTON j -- -
RE IT REMEM RERED, that on this day, before me. a Notary Public within and fo- mid i'.nmtt and
Plate, duly commlrloned and a to raonall appeared _Fi!rr lackbon and "type t'nin-
y & pr Y y - .
Jack
fI{, /'E tc.�Itr Town as the ptrwn or persons who executed the foregoing Right of Way :rent. and stated
saFr w4.. lr ,
had enunciated the same for lbehconeldention and purpose therein meotlonel and eel
Aj,T ws3,ne ana .o.l nn tt 1. ! `� _ �! say � No rem r. -- - 1a5B. -.
.. - - :'� CG'c�,.-``—fit--
.....'.// NOTARY PI/RLl(
YYiiL`0Ygse ffipiert
<. n a�a`aMrpar_.L.13bz. ____
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