HomeMy WebLinkAboutOrdinance 4583rl
ORDINANCE NO. 4583
AN ORDINANCE APPROVING VAC 04-1105 TO
VACATE AND ABANDON A PORTION OF A 10'
UTILITY EASEMENT DESIGNATED FOR GAS AND
WATER LOCATED AT 1645 W. SUNRISE MOUNTAIN
ROAD AS DEPICTED 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 platted
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 (after the dedication by Thomas
C. Lutz of the replacement 20 foot water, sewer, and gas easement attached as Exhibit "C")
hereby vacates and abandons the following described utility easement, abandoning all of its
rights together with the rights of the public in general:
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 labeled Exhibit `B" attached hereto and made a part hereof, 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 15'" day of June, 2004.
ATTEST: _ t,
By: 4
SONDRA SMITH, City Clerk
................ _
)oc I0: 007396670006 Tvae: REL
Recorded: 06/25/2004 at 11:15:16 AM
Fee Amt: $23.00 Pace 1 of 6
Meshlnaton Countv. AR
Bette Stemoe Circuit Clerk
F11e200440025128
By:
COODY, Mayor
FAYETTEVILLE;
EXHIBIT "A"
VAC 04-1105
AN EXISTING TEN (10) FOOT WIDE EASEMENT FOR THE PURPOSE OF UTILITY
LOCATION, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: A PART OF THE SOUTHWEST QUARTER (SW1/4) OF THE
NORTHEAST QUARTER (NEI/4) OF SECTION THIRTY-TWO (32), TOWNSHIP
SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, AND A PART OF LOT EIGHT
(8) IN BLOCK "B" OF SUNRISE MOUNTAIN SUBDIVISION, ALTOGETHER BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHWEST CORNER OF SAID LOT 8; THENCE S03°54'52"E ALONG THE EAST
RIGHT-OF-WAY LINE OF SUNRISE MOUNTAIN ROAD 5.01 FEET TO THE SOUTH
LINE OF SAID EXISTING EASEMENT; THENCE EAST ALONG THE SOUTH LINE
OF SAID EXISTING EASEMENT 138.69 FEET TO THE WEST LINE OF A
PROPOSED TWENTY (20) FOOT WIDE UTILITY EASEMENT; THENCE
N1902072599W ALONG THE WEST LINE OF SAID PROPOSED EASEMENT 10.60
FEET TO A POINT ON THE NORTH LINE OF SAID EXISTING EASEMENT;
THENCE LEAVING SAID PROPOSED EASEMENT WEST ALONG THE NORTH
LINE OF SAID EXISTING EASEMENT 135.86 FEET TO THE EAST RIGHT-OF-WAY
LINE OF SUNRISE MOUNTAIN ROAD; THENCE LEAVING THE NORTH LINE OF
SAID EXISTING EASEMENT S03°54'52"E 5.01 FEET TO THE POINT OF
BEGINNING, WASHINGTON COUNTY, ARKANSAS.
VAC04-1105
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""`'°Ondtecrw MEVAC04-1105
0 75 150 300 450 600
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F? T
Parcel #765-15452-000 & 765-11197-000
WATER/SEWER/NATURAL GAS EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT, I Thomas C. Lutz, a single person, 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, hereinafter called GRANTEE,
and unto Grantee's successors and assigns, a permanent easementto construct, lay,
remove, relay, inspect, enlarge and/or operate a water, sanitary sewer, and/or natural
gas pipe line or lines, manholes, and appurtenances thereto, on, over, across, and
under the following described land situated in the County of Washington, State of
Arkansas, to -wit:
PROPERTY DESCRIPTION:
A PART OF THE SOUTHWEST QUARTER (SW1/4) OF THE NORTHEAST QUARTER (NE1/4) AND APART OF
THE NORTHWEST QUARTER (NW1/4) OF THE NORTHEAST QUARTER (NE1/4), ALL IN SECTION THIRTY-TWO
(32), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, AND APART OF LOT EIGHT (8) IN BLOCK
"B" OF SUNRISE MOUNTAIN SUBDIVISION, ALTOGETHER BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT EIGHT (8); THENCE S03154'52"EALONG
THE EAST RIGHT-OF-WAY LINE OF SUNRISE MOUNTAIN ROAD 99.71 FEET TO A SET Y:" IRON REBAR;
THENCE S34017'34"E ALONG THE EAST RIGHT-OF-WAY LINE OF SAID ROAD 61.41 FEET TO AN EXISTING
IRON PIPE; THENCE LEAVING SAID RIGHT-OF-WAY LINE S89059'39"E 183.71 FEET TO AN EXISTING IRON
REBAR; THENCE NORTH 150.23 FEET TO AN EXISTING IRON REBAR IN THE CENTER OF AN EXISTING TEN
(10) FOOT WIDE UTILITY EASEMENT, SAID IRON REBAR BEING FIFTY (50) FEET EAST OF THE SOUTHEAST
CORNER OF SAID LOT EIGHT (8); THENCE N00025'53"E 107.50 FEET TO AN EXISTING IRON REBAR; THENCE
S89058'17"W 233.28 FEET TO AN EXISTING IRON REBAR ON THE EAST RIGHT-OF-WAY LINE OF SUNRISE
MOUNTAIN ROAD, SAID POINT BEING S03054'52"E 82.69 FEET FROM THE NORTHWEST CORNER OF SAID
LOT EIGHT (8); THENCE S03054'52"E 107.63 FEET TO THE POINT OF BEGINNING, CONTAINING 1.31 ACRES,
MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 1.31 ACRE TRACT BEING
SUBJECT TO ANY EASEMENTS AND/OR RIGHTS -OF -WAY WHETHER OR NOT OF RECORD.
PERMANENT EASEMENT DESCRIPTION:
A TWENTY (20) FOOT WIDE EASEMENT FOR THE PURPOSE OF UTILITY LOCATION, SAID EASEMENT BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PART OF THE SOUTHWEST QUARTER (SW1/4) OF THE
NORTHEAST QUARTER (NE1/4) AND A PART OF THE NORTHWEST QUARTER (NW1/4) OF THE NORTHEAST
QUARTER (NE1/4), ALL IN SECTION THIRTY-TWO (32), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30)
WEST, AND A PART OF LOT EIGHT (8) IN BLOCK "B" OF SUNRISE MOUNTAIN SUBDIVISION, ALTOGETHER
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF
SAID LOT EIGHT (8); THENCE S03°54'52"E ALONG THE EAST RIGHT-OF-WAY LINE OF SUNRISE MOUNTAIN
ROAD 99.71 FEET TO A SET Y" IRON REBAR; THENCE S34017'34"E ALONG THE EAST RIGHT-OF-WAY LINE
OF SAID ROAD 37.16 FEET TO THE POINT OF BEGINNING OF SAID EASEMENT; THENCE S89°59'39"E 164.08
FEET; THENCE N28029'41"W 52.60 FEET; THENCE N19020'25"W 94.23 FEET TO A POINT ON THE NORTH LINE
OF AN EXISTING TEN (10) FOOT WIDE UTILITY EASEMENT; THENCE N89157'54"E ALONG THE NORTH LINE
OF SAID EXISTING EASEMENT 21.19 FEET; THENCE LEAVING THE NORTH LINE OF SAID EXISTING
EASEMENT S19020'25"E 87.55 FEET; THENCE S28129'41"E 82.59 FEET TO AN EXISTING IRON REBAR;
THENCE N89059'39"W 183.71 FEET TO AN EXISTING IRON PIPE ON THE EAST RIGHT-OF-WAY LINE OF
SUNRISE MOUNTAIN ROAD; THENCE N34017'34"W 24.25 FEET TO THE POINT OF BEGINNING, WASHINGTON
COUNTY,ARKANSAS.
Page 2 of 2 •
Lutz
Water/Sewer Easement
r]
together with the rights, easements, and privileges in or to said lands which maybe required for the full enjoyment of the rights
herein granted.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes
and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first herein above
described for the uses and purposes herein above set forth.
The consideration first above recited as being paid to Grantors by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
WITNESS the execution hereof on this the /So�day of �NIZ 12004.
Thomas C. u
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within
and for said County and State, personally appeared Thomas C. Lutz, a single person, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he had so signed, executed and delivered said
instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this ( 5-*>day of SJn Q. 12004.
kJ / P11),41aK
Notary
MY COMMISSION EXPIRES:
Renee Thomas
County Of Washington
Notary Public - Arkansas
My Commission Esp. 11/15/2011
Title:
Scale: 1 inch = 40 feet
File: Lutz. Sri seMtn. ease. des
Date: 06-14-2004
Tract l:
1.306 Acres:
56881 Sq Feet: Closure = s86.233Ie 0.01
Feet:
Precision=1/146769:
Perimeter = 943 Feet
Tract 2:
0.152 Acres:
6633 Sq Feet: Closure = n27.2337w 0.01
Feet:
Precision =1 /141420:
Perimeter = 710 Feet
001=s03.5452c 99.71
002=s34.1734e 61.41
003=s89.5939e183.71
004=nOO.00w 150.23
005--n00.2553e 107.50
006=s89.5817w 233.28
007=sO3.5452e107.63
008=Q0 Esement
009=/s03.5452c 99.71
010=/s34.1734e 37.16
011=s89.5939e 164.08
012=n28.2941 w 52.60
Ol 3=n19.2025w 94.23
014=n89.5754e 21.19
015=sl9.2025e 87.55
016=s28.294Ie 82.59
017=n89.5939w 183.70
0 1 8--m34.173 4w 24.25
Wasliingtoh County, AR
1:certify this instru
08/25%2004 Tent was filed on
and Yec2,("
11.1 :18 AM
ed i al Estate
File Nur
Bette 300025128
ircuit Clark
by
•
NAME OF FILE: Ordinance No. 4583
w/Ex. A, Ex. B & easement
CROSS REFERENCE:
Item # Date Document
1
05/28/04
memo to mayor & city council
2
draft ordinance
3
drescription of request
4
05/24/04
vacation petition
5
copy of map
6
copy of Close Up View
7
copy of One Mile View
8
06/02/04
Staff Revie Form
9
06/15/04
revised draft ordinance
10
copy of Staff Review Form
11
copy of memo to mayor & city council
12
copy of memo to Planning Commission
13
copy of draft ordinance
14
copy of description of request
15
copy of vacation petition
16
copy of map
17
copy of Close Up View
18
copy of One Mile View
19
copy of draft ordinance
20
email to Renee Thomas
21
06/21/04
memo to Dawn Warrick
22
06/23/04
Affidavit of Publication
23
24
25
NOTES:
/0 /is/e) I/
City Councimeeting of June 15, 2004 C/S95
Agenda Item Number
I/I96 oy-111
CITY COUNCIL AGENDA MEMO
.Sun rlsE /t'#.
To: Mayor and City Council ,//�fz
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: May 28, 2004
Subject: Easement Vacation for Lutz (VAC 04-1105)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a portion of an easement
located within the south of part of lot 8 of Sunrise Mountain Addition located at 1645 W.
Sunrise Mountain Road, as described and depicted herein.
BACKGROUND
The subject property is located west of South School Avenue on Sunrise Mountain Rd. as
shown on the attached graphic. The property is within the R-A, Residential Agricultural,
zoning district and contains approximately 1.31 acres. The lot contains two parcels
including part of lot 8 of Sunrise Mountain Addition, a subdivision platted in 1959. A 10
foot gas and water easement located on the southern border of lot 8 was dedicated with
the platted subdivision. Presently, a gas line is located within the easement. The property
owner has removed the structure to the south of the easement and requests that a portion
of the 10 easement be vacated to accommodate the construction of a new single family
home.
DISCUSSION
A variance request to allow the construction of a single family home on property
approximately 1.31 acres (less than the 2 acre lot area minimum for this zoning district)
will be heard by the Board of Adjustment on June 7, 2004. The location of a new
easement for relocation of the existing gas line and future installation of a water line is
being evaluated at this time. The applicant has been working with representatives of
Arkansas Western Gas Co. to arrange for the relocation of the existing gas line into the
proposed easement to be dedicated. That is the only utility currently located in the subject
easement.
Notification was provided to Arkansas Western Gas and the City Water and Sewer
Superintendent, as well as adjoining property owners.
• City CounciReeting of June 15, 2004
Agenda Item Number
The Planning Commission will consider this request the regular meeting of June 14, 2004
at which a recommendation for this request shall be made to the City Council.
BUDGETIMPACT
None.
Tub lis ►�, u�
Crdtnanc.?.-For
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�5 83
ORDINANCE NO,
AN ORDINANCE APPROVING VAC 04-1105 TO VACATE AND ABANDON
A PORTION OF A 10' UTILITY EASEMENT DESIGNATED FOR GAS AND
WATER LOCATED AT 1645 W. SUNRISE MOUNTAIN ROAD AS
DEPICTED ON THE ATTACHED MAP AND LEGAL DESCRIPTION
WHEREAS, the City Council has the authority under A.
grounds or portions thereof which are not required for corporate
WHEREAS, the City Council has determined that
easement is not required for corporate purposes. .A
NOW, THEREFORE, BE IT ORDAINED
FAYETTEVILLE, ARKANSAS:
54-104 to vacate public
and
lescribed platted utility
L OF THE CITY OF
k
Section 1. That the City of Fayetteville, Arkansaswhereby vacates and abandons the
following describe utility easement, abandoning all of its rights together
with the rights of the,public,general:
. W ~
See Exhibit attached hereto.and.�
11 11
Amade a parffiereof.
Section 2. y That a copymf this Ordinance duly certified by the City Clerk, along with
r``'themap labeled Exhibit "B" attached hereto and made a part hereof, shall
�k\tip
be fi'Igdin
ie g tffice of the Recorder of the County and recorded in the Deed
FWii7
ATTEST:
By
Sondra Smith, City Clerk
day of 2004.
APPROVED:
By
Dan Coody, Mayor
EXHIBIT "A"
VAC 04-1105
AN EXISTING TEN (10) FOOT WIDE EASEMENT FOR THE PURPOSE OF UTILITY
LOCATION, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS
FOLOWS: A PART OF THE SOUTHWEST QUARTER (SW '/4) OF THE NORTHEAST
QUARTER (NE'/4) OF SECTION THIRTY TWO (32). TOWNSHIP SIXTEEN (16) NORTH,
RANGE THIRTY (30) WEST, AND A PART OF LOT EIGHT (8) IN BOCK `B" OF SUNRISE
MOUNTAIN SUBDIVISION, ALTOGETHER BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNEROF SAID LOT 8; THENCE
S0305415299E ALONG THE EAST RIGHT OF WAY LINE •OF SUNRISE MOUNTAIN ROAD
5.01 FEET TO THE SOUTH LINE OF SAID EXISTINCr` EASEMENT; THENCE EAST
ALONG THE SOUTH LINE OF SAID EXISTING EASEMENT 143.99 FEET TO THE WEST
LINE OF A PROPOSED FIFTEEN (15) FOOT iDE UTILITY EASEMENT; THENCE
N19020'25"W ALONG THE WEST LINE OF SAID"RROPOSED EASEMENTT' FEET TO
A POINT ON THE NORTH LINE OF SAID EXISTING E.�SEMENT; THENCE LEAVING
SAID PROPOSED EASEMENT WEST ALONG THENRTH LINE OF SAID EXISTING
EASEMENT 141.17 FEET TO THE EAST RIGHT OF WA�Y�LINE OF SUNRISE MOUNTAIN
ROAD; THENCE LEAVING THE rORTH LINE O0SA�L' D EXISTING EASEMENT
S03 54 52 E 5.01 FEET TO THE PO TwzmF ~BEGINNINGWASHINGTON COUNTY,
ARKANSAS.'`
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DESCRIPTION OF REQUEST
1, Thomas C. Lutz, am the owner of the property at 1645 W. Sunrise Mountain Road. The
location is NE'/4 of Lot 8, Block, Sunrise Mountain, Fayetteville, AR 72701. This property is
located in the Southern part of Fayetteville, West of the old airport, atop Sunrise Mountain.
When purchased, the lot had a small older early sixties home that was in a state of disrepair. It
was agreed by both parties -- the sellers, John and Debbie Walker, and myself -- that
construction of a new modem home on this property would be an asset to all. The old
demolished home occupied only half of the lot. There is a gas and water easement that divides
the lot in half. The gas company can re-route the gas line from the easement and fulfill their
requirements. If the water easement could be abandoned, then a new home could be constructed
using the full potential of this lot.
I therefore would like to appeal to the Board to abandon this easement.
VACATION PETITION
PETITION TO VACATE AN EASEMENT LOCATED IN PART OF LOT 8 OF SUNRISE
MOUNTAIN ADDITION, 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 10' water and gas easement
hereinafter sought to be abandoned and vacated, lying on part of lot 8 of Sunrise Mountain Addition, City
of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as
follows:
Legal description of property to be vacated:
AN EXISTING TEN (10) FOOT WIDE EASEMENT FOR THE PURPOSE OF UTILITY LOCATION, SAID
EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLOWS: A PART OF THE SOUTHWEST
QUARTER (SW %) OF THE NORTHEAST QUARTER (NE'/4) OF SECTION THIRTY TWO (32), TOWNSHIP
SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, AND A PART OF LOT EIGHT (8) IN BLOCK "B" OF
SUNRISE MOUNTAIN SUBDIVISION, ALTOGETHER BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 8; THENCE S03°54'52"E ALONG
THE EAST RIGHT OF WAY LINE OF SUNRISE MOUNTAIN ROAD 5.01 FEET TO THE SOUTH LINE OF
SAID EXISTING EASEMENT; THENCE EAST ALONG THE SOUTH LINE OF SAID EXISTING EASEMENT
143.99 FEET TO THE WEST LINE OF A PROPOSED FIFTEEN (15) FOOT WIDE UTILITY EASEMENT;
THENCE N19°20125"W ALONG THE WEST LINE OF SAID PROPOSED EASEMENT 10.57 FEET TO A
POINT ON THE NORTH LINE OF SAID EXISTING EASEMENT; THENCE LEAVING SAID PROPOSED
EASEMENT WEST ALONG THE NORTH LINE OF SAID EXISTING EASEMENT 141.17 FEET TO THE
EAST RIGHT OF WAY LINE OF SUNRISE MOUNTAIN ROAD; THENCE LEAVING THE NORTH LINE OF
SAID EXISTING EASEMENT S03054152"E 5.01 FEET TO THE POINT OF BEGINNING, WAS14INGTON
COUNTY.ARKANSAS.
That the abutting real estate affected by said abandonment of the alley is lot 5 of Sunshine Mountain
Addition City of Fayetteville used by the public for a period of many years, and that the public interest
and welfare would not be adversely affected by the abandonment of the portion of the above described
easement.
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.
L
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 and
sewer 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
,rtfor the use of said alley.
Dated this L / day of , "L/ �� 2004.
Name
Signature
S.
Signature
VAC04-1105 L U TZ
Close Up View
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STAFF AIEW FORM - NON -FINANCIAL AGATION
x AGENDA REQUEST
For the Fayetteville City Council Meeting of:
rd :1u
Dawn Warrick, AICP Planning
Name Division
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
June 15, 2004
CP&E
Department
VAC 04-1105:
Vacation (Lutz,
pp
717): Submitted
by Thomas Lutz for property located at 1645 W. Sunrise
Mountain
Road.
The request is
to
vacate a portion
of a 10' utility easement designated for gas and water.
STAFF RECOMMENDATION
Approval
jE/y G� Received in Mayor's Office , / / / o r{
/ D to �D'ate ,
5,12 coati
Date
Department Director Date
J /.�
Fi ance & Internal Services Dir. // Date
Chief dmmistrative Officer Date
Mayor Date
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item: Yes No
i
411sleV0 6" 4.
VAC #6Lj-/tOS-
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 04-1105 TO VACATE AND ABANDON
A PORTION OF A 10' UTILITY EASEMENT DESIGNATED FOR GAS AND
WATER LOCATED AT 1645 W. SUNRISE MOUNTAIN ROAD AS
DEPICTED ON THE ATTACHED MAP AND LEGAL DESCRIPTION
WHEREAS, the City Council has the authority under A.C.A. §144=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<follow ng,described platted utility
easement is not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 'GOUNCIL OF THE' CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City of Fayetteville, Arkansashereby vacates and abandons the
following descnbeduuhli.ty easement, abandoning all of its rights together
with the rights of the publtc'n general: 4
See Exhibit "A" attached hereto and -made apart; hereof.
Section 2. TCat a cojkbf this Ordinance duly certified by the City Clerk, along with
iliemap labeled Exhibit "B" attached hereto and made a part hereof, shall
be filed.in the office of the Recorder of the County and recorded in the Deed
Rrrnriie;�nftha (`niinfv.•:-..
day of 2004.
APPROVED:
By.
ATTEST:
By
Sondra Smith, City Clerk
Dan Coody, Mayor
EXHIBIT "A"
VAC 04-1105
AN EXISTING TEN (10) FOOT WIDE EASEMENT FOR THE PURPOSE OF UTILITY
LOCATION, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: A PART OF THE SOUTHWEST QUARTER (SWI/4) OF THE NORTHEAST
QUARTER (NEI/4) OF SECTION THIRTY-TWO (32), TOWNSHIP SIXTEEN (16) NORTH,
RANGE THIRTY (30) WEST, AND A PART OF LOT EIGHT (8) IN BLOCK `B" OF SUNRISE
MOUNTAIN SUBDIVISION, ALTOGETHER BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNmOF SAID LOT 8; THENCE
S03054'521E ALONG THE EAST RIGHT-OF-WAY LINE OF`SUNRISE MOUNTAIN ROAD
,.r
5.01 FEET TO THE SOUTH LINE OF SAID EXISTING EASEMENT; THENCE EAST
ALONG THE SOUTH LINE OF SAID EXISTING EASEMENT 138.69WEET TO THE WEST
LINE OF A PROPOSED TWENTY (20) FOOT WIDB"UTILITY EASEMENT; THENCE
N19020125"W ALONG THE WEST LINE OF SAIDPROPOSED EASEMENT1Qs60 FEET TO
A POINT ON THE NORTH LINE OF SAID EXISTING EASEMENT; THENCExLEAVING
SAID PROPOSED EASEMENT WEST ALONG TWNORTH--LINE OF SAID EXISTING
EASEMENT 135.86 FEET TO THE EAST RIGHT-OF-WIAY'LINE OF SUNRISE MOUNTAIN
ROAD; THENCE LEAVING THE NORTH LINE OF SAID EXISTING EASEMENT
S03054'52"E 5.01 FEET TO THE POINI r OF BEGINNING; 4WASHINGTON COUNTY,
ARKANSAS.
STAFF Rk..iEW FORM - NON -FINANCIAL OBL• TION
x AGENDA REQUEST
For the Fayetteville City Council Meeting of: June 15, 2004
FROM:
Dawn Warrick, AICP Planning CP&E
Name Division Department
SUMMARY EXPLANATION:
VAC 04-1105: Vacation (Lutz, pp 717): Submitted by Thomas Lutz for property located at 1645 W. Sunrise
Mountain Road. The request is to vacate a portion of a 10' utility easement designated for gas and water.
STAFF RECOMMENDATION: Approval
A _Aim \ J � Received in Mayor's Office
Di ion Head Date
City Attorney
Date
Department Director Date
Finance & Internal Services Dir. Date
Chief Administrative Officer Date
Mayor
Im
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item:
Yes No
City Council i.• g of June 15, 2004
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: May 28, 2004
Subject: Easement Vacation for Lutz (VAC 04-1105)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating right-of-way located
within the south of part of lot 8 of Sunrise Mountain Addition located at 1645 W. Sunrise
Mountain Road, as described and depicted herein.
BACKGROUND
The subject property is located west of South School Avenue on Sunrise Mountain Rd. as
shown on the attached graphic. The property is within the R-A, Residential Agricultural,
zoning district and contains approximately 1.31 acres." The lot contains 'two parcels
including part of lot 8 of Sunrise Mountain Addition, a subdivision platted in 1959. A 10
foot gas and water easement located on the southern border of lot 8 was dedicated with
the platted subdivision. Presently, a gas line is located within the easement. The property
owner has removed the structure to the south of the easement and requests that a portion
of the 10 easement be vacated to accommodate the construction of a new single family
home.
A variance request to allow the construction of a single family home on property
approximately 1.31 acres (less than the 2 acre lot area minimum for this zoning district)
will be heard by the Board of Adjustment on June 7, 2004. The location of anew
easement for relocation of the existing gas line and future installation of a water line is
being evaluated at this time. The applicant has been working with representatives of
Arkansas Western Gas Co. to arrange for the relocation of the existing gas line into the
proposed easement to be dedicated. That is the only utility currently located in the subject
easement.
Notification was provided to Arkansas Western Gas and the City Water and Sewer
Superintendent, as well as adjoining property owners.
0, 0
,' City Council bwd ting of June 15, 2004
Agenda Item Number
The Planning Commission will consider this request the regular meeting of June 14, 2004
at which a recommendation for this request shall be made to the City Council.
BUDGETIMPACT
None.
FAYETTEVILLE PC Meeting of June 14, 2004
TIE QrV OF FAVETFEV=, ARKANSAS
113 W. Mountain St.
Fuyelledk, AR 72701
Telephone: 4796758M
PLANNING DIIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission Members
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
FROM: Suzanne Morgan, Associate Planner
Matt Casey P.E. Staff Engineer
DATE: June 10, 2004
VAC 04-1105: Vacation (LUTZ, 716): Submitted by THOMAS C. LUTZ for property located at
1645 W SUNRISE MTN ROAD. The property is zoned R-A, RESIDENTIAL -AGRICULTURAL
and contains approximately 1.30 acres. The request is to vacate a portion of a 10' gas and water
easement on the subject property. Planner: SUZANNE MORGAN
Findings: See the attached maps and legal descriptions for the exact location ofthe requested utility
easement vacation.
Background: The subject property is located west of South School Avenue on Sunrise
Mountain Rd. as shown on the attached graphic. The property is within the R-A, Residential
Agricultural, zoning district and contains approximately 1.31 acres. The lot contains two parcels
including part of lot 8 of Sunrise Mountain Addition, a subdivision platted in 1959. A 10 foot
gas and water easement located on the southern border of lot 8 was dedicated with the platted
subdivision. Presently, a gas line is located within the easement. The property owner has
removed the structure to the south of the easement and requests that a portion of the 10 easement
be vacated to accommodate the construction of a new single family home.
Discussion: A variance request to allow the construction of a single family home on property
approximately 1.31 acres (less than the 2 acre lot area minimum for this zoning district) was
approved by the Board of Adjustment on June 7, 2004. The location of a new easement for
relocation of the existing gas line and future installation of a water line is being evaluated at this
:time. The applicant has been working with representatives of Arkansas Western Gas Company to
arrange for the relocation of the existing gas line into the proposed easement to be dedicated.
That is the only utility currently located in the subject easement
Request: The applicant requests to vacate the existing utility easement as described and depicted
in the attached documents.
The subject easement is confined by the boundaries of the subject property. Therefore, no
adjacent property owners were notified of the proposed vacation.
The applicant has submitted the required notification forms to Arkansas Western Gas and the
Water and Sewer Superintendent of the City of Fayetteville. This easement was platted as a gas
and water easement, allowing only water and gas access within this easement. Therefore,
notification was not provided to other utilities or City officials. The results are as follows:
UTILITIES RESPONSE
Arkansas Western Gas No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer See Conditions of Approval
Recommendation: Staff recommends approval of the proposed vacation, VAC 04-1105 subject
to the following conditions:
Conditions of Approval:
1. Removal of septic system on the subject property prior to installation of the new
single family dwelling.
2. Dedication of a 20' utility easement for water, sewer, and natural gas prior to
relocation of the gas line or issuance of a building permit.
3. No sewage or septic systems, nor components thereof may be located within 10'
of the newly dedicated easement. Any such sewage or septic facilities shall be
moved at the owner's expense to at least 10' away from the easement.
4. Structures shall not be constructed over easements.
PLANNING COMMSSION ACTION: yes Required
Approved Denied
Date: June 14, 2004
The "CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted
in total without exception by the entity regnesting approval of this development item.
BY
Title
Date
CITY COUNCIL ACTION:yes Required
Approved Denied
Date: June 15, 2004
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 04-1105 TO VACATE AND ABANDON
A PORTION OF A 101 UTILITY EASEMENT DESIGNATED FOR GAS AND
WATER LOCATED AT 1645 W. SUNRISE MOUNTAIN ROAD AS
DEPICTED ON THE ATTACHED MAP AND LEGAL DESCRIPTION
WHEREAS, the City Council has the authority under A.
grounds or portions thereof which are not required for corporate
WHEREAS, the City Council has determined that
easement is not required for corporate purposes. s
NOW, THEREFORE, BE IT ORDAINED
FAYETTEVILLE, ARKANSAS:
_ Y
I I I. 1 1� 0• i 3IF�11 v,•_
See Exhibit °A'
14-104 to vacate public
yes, and
Aescribed platted utility
3
v_T
CIL OFF CITY OF
vacates and abandons the
g all of its rights together
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.ICE 111 1�'1 1 / E �.1 L/ 1 - / 11 U1 /. IG • 1:
1 ` .{"+i - p�i�;�,149t?�Y 1 1 - •' :. E . / 1 / 1 1 / : / 1 w / 1 ' / - 1
4mm
APPROVED:
By
ATTEST:
By
Sondra Smith, City clerk
Dan Coody, Mayor
EXHIBIT "A"
VAC 04-1105
AN EXISTING TEN (10) FOOT WIDE EASEMENT FOR THE PURPOSE OF UTILITY
LOCATION, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: A PART OF THE SOUTHWEST QUARTER (SWI/4) OF THE NORTHEAST
QUARTER (NEI/4) OF SECTION THIRTY-TWO (32), TOWNSHIP SIXTEEN (16) NORTH,
RANGE THIRTY (30) WEST, AND A PART OF LOT EIGHT (8) IN BLOCK "B" OF SUNRISE
MOUNTAIN SUBDIVISION, ALTOGETHER BEING MORE PEARLY DESCRIBED
AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNEW-OFS LOT 8; THENCE
S03054252"E ALONG THE EAST RIGHT-OF-WAY LINE 0 SE MOUNTAIN ROAD
5.01 FEET TO THE SOUTH LINE OF SAID I `aEAS FNT; THENCE EAST
ALONG THE SOUTH LINE OF SAID EXISTING EASHklEIU 138. - -_ T TO THE WEST
LINE OF A PROPOSED TWENTY (20) FOOT ft' T'ILITY Ev NT; THENCE
NI9°20'25"W ALONG THE WEST LINE OF SAIRPROPO�ED EASE .60 FEET TO
SAID
A POINT ON THE NORTH LINE OF ID _ G EMENT; HEAVING
SAID PROPOSED EASEMENT WEST ALONG O ..LINE OF St> EXISTING
EASEMENT 135.86 FEET TO THE EAST RIGHT -OF- LINE OF SUNRISE MOUNTAIN
ROAD; THENCE LEAVING THE sA,{_1ORTH LINE .SAID EXISTING EASEMENT
S03054152"E 5.01 FEET TO THE PC QF BEGINNIPfS ,WASHINGTON COUNTY,
ARKANSAS. V
•
I, Thomas C. Lutz, am the owner of the property at 1645 W. Sunrise Mountain Road. The
location is NE '/. of Lot 8, Block, Sunrise Mountain, Fayetteville, AR 72701. This property is
located in the Southern part of Fayetteville, West of the old airport, atop Sunrise Mountain.
When purchased, the lot had a small older early sixties home that was in a state of disrepair. It
was agreed by both parties -- the sellers, John and Debbie Walker, and myself -- that
construction of a new modem home on this property would be an asset to all. The old
demolished home occupied only half of the lot. There is a gas and water easement that divides
the lot in half. The gas company can re-route the gas line from the easement and fulfill their
requirements. If the water easement could be abandoned, then a new home could be constructed
using the full potential of this lot.
I therefore would like to appeal to the Board to abandon this easement.
...... ......
._._ _.
VACATION PETITION
PETITION TO VACATE AN EASEMENT LOCATED IN PART OF LOT 8 OF SUNRISE
MOUNTAIN ADDITION, 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 10' water and gas easement
hereinafter sought to be abandoned and vacated, lying on part of lot 8 of Sunrise Mountain Addition, City
of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as
follows:
Legal description of property to be vacated:
AN EXISTING TEN (10) FOOT WIDE EASEMENT FOR THE PURPOSE OF UTILITY LOCATION, SAID
EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLOWS: A PART OF THE SOUTHWEST
QUARTER (SW %4) OF THE NORTHEAST QUARTER (NE'h) OF SECTION THIRTY TWO (32). TOWNSHIP
SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, AND A PART OF LOT EIGHT (8) IN BLOCK "B" OF
SUNRISE MOUNTAIN SUBDIVISION, ALTOGETHER BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 8; THENCE S03°54'52"E ALONG
THE EAST RIGHT OF WAY LINE OF SUNRISE MOUNTAIN ROAD 5.01 FEET TO THE SOUTH LINE OF
SAID EXISTING EASEMENT; THENCE EAST ALONG THE SOUTH LINE OF SAID EXISTING EASEMENT
143.99 FEET TO THE WEST LINE OF A PROPOSED FIFTEEN (15) FOOT WIDE UTILITY EASEMENT;
THENCE N19020'25"W ALONG THE WEST LINE OF SAID PROPOSED EASEMENT 10.57 FEET TO A
POINT ON THE NORTH LINE OF SAID EXISTING EASEMENT; THENCE LEAVING SAID PROPOSED
EASEMENT WEST ALONG THE NORTH LINE OF SAID EXISTING EASEMENT 141.17 FEET TO THE
EAST RIGHT OF WAY LINE OF SUNRISE MOUNTAIN ROAD; THENCE LEAVING THE NORTH LINE OF
SAID EXISTING EASEMENT S03054952"E 5.01 FEET TO THE POINT OF BEGINNING, WASHINGTON
COUNTY,ARKANSAS.
That the abutting real. estate affected by said abandonment of the alley is lot 5 of Sunshine Mountain
Addition City of Fayetteville used by the public for a period of many years, and that the public interest
and welfare would not be adversely affected by the abandonment of the portion of the above described
easement.
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 and
sewer 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 alley.
A
Dated this day of ` "1/ 2004.
Name
Signature
Name
Signature
VAC04-1105
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ORDINANCE NO,
VAC .aLl-/I as,
Ckov�
AN ORDINANCE APPROVING VAC 04-1105 TO VACATE AND ABANDON
A PORTION OF A 109 UTILITY EASEMENT DESIGNATED FOR GAS AND
WATER LOCATED AT 1645 W. SUNRISE MOUNTAIN ROAD AS
DEPICTED 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 platted 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 the
following described utility easement, abandoning all of its rights together
with the rights of the public in general:
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 labeled Exhibit `B" attached hereto and made a part hereof, 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
ATTEST:
Sondra Smith, City Clerk
day of 92004.
APPROVED:
By
Dan Coody, Mayor
EXHIBIT "A"
VAC 04-1105
AN EXISTING TEN (10) FOOT WIDE EASEMENT FOR THE PURPOSE OF UTILITY
LOCATION, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: A PART OF THE SOUTHWEST QUARTER (SWl/4) OF THE NORTHEAST
QUARTER (NEl/4) OF SECTION THIRTY-TWO (32), TOWNSHIP SIXTEEN (16) NORTH,
RANGE THIRTY (30) WEST, AND A PART OF LOT EIGHT (8) IN BLOCK "B" OF SUNRISE
MOUNTAIN SUBDIVISION, ALTOGETHER BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 8; THENCE
S03054'52"E ALONG THE EAST RIGHT-OF-WAY LINE OF SUNRISE MOUNTAIN ROAD
5.01 FEET TO THE SOUTH LINE OF SAID EXISTING EASEMENT; THENCE EAST
ALONG THE SOUTH LINE OF SAID EXISTING EASEMENT 138.69 FEET TO THE WEST
LINE OF A PROPOSED TWENTY (20) FOOT WIDE UTILITY EASEMENT; THENCE
N19°20'25"W ALONG THE WEST LINE OF SAID PROPOSED EASEMENT 10.60 FEET TO
A POINT ON THE NORTH LINE OF SAID EXISTING EASEMENT; THENCE LEAVING
SAID PROPOSED EASEMENT WEST ALONG THE NORTH LINE OF SAID EXISTING
EASEMENT 135.86 FEET TO THE EAST RIGHT-OF-WAY LINE OF SUNRISE MOUNTAIN
ROAD; THENCE LEAVING THE NORTH LINE OF SAID EXISTING EASEMENT
S03054952"E 5.01 FEET TO THE POINT OF BEGINNING, WASHINGTON COUNTY,
ARKANSAS.
From: Clarice Pearman
To: Thomas, Renee
Subject: VAC 04-1105
I do
not have
an Exhibit "B" for the ordinance passed. Please get me
an Ex. B. Also, please be sure that
it is
8'/z x11.
The circuit clerk's office will not accept anything larger.
Thanks.
FAYETT&ILLE 0
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 57"323
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: June 21, 2004
Re: Ordinance No. 4593
Attached is a copy of the above ordinance passed by the City Council, June 15, 2004, approving VAC 04-
1105, to vacate and abandon a portion of a 10' utility easement located at 1645 W. Sunrise Mountain Road.
This ordinance will be recorded in the city clerk's office and microfilmed. If anything else is needed please
let the clerk's office know.
Attachment(s)
cc: John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
�, ,I (,i ►
AFFIDAVIT OF PUBLICATION
I, , do solemnly swear that I am
Le I 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:
was inserted in the regular editions on
** Publication Charge: $ A=Z,c: 42
Subscribed and sworn to before me this
day of
Tit vA 2 . 2004.
My Commission Expires: 0?/a5`/100
** Please do
not
pay
from Affidavit.
An invoice
will
be
sent.
Official Seat
SEAN-MICHAEL ARGO
Notary Public -Arkansas
WASHINGTON COUNTY
My Commission Expires, CT� 2
RECEIVED
JUN 2 5 20%
C17Y OF FAYETTEVILLE
CITY CLERK'S OFFICE
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 o (501) 442-1700
CROINANCE NO. 45E9
pw;
AN ORDINANCE APPROVING VAC 04-1105 TO VACATE O
ABANDON A PORTION OF A' )0' UTILITY EASEMEENTT'!`
DESIGNATED FOR GAS AND WATER LOCATED AT ATTACHED
W.
MAPASUNRISE MOUNTAN ROAD AS DEPICTED ON THE ATTACHED_ ` —!t, t.+
MAP AND LEGAL DESCRIPTION
„ft• Yf Fayetl�vils
l.Wt
WHEREAEr the Cry C nd l has the authOity under A.C.A. §14-54.1 p4 to vamtd Oudic gm al or
porto s thereof which are not required fa corporate Ik+Voses, and -
WHEREAAr Ire City Counal has detemlled Met the folw+in0 d6rcri6'etl'61e1lod uUlry'ayserrent Is not
reduied for corporate Purposes. ..
ROW, THEREFORE, BE IT ORDAINED ET THE CITY COUNCIL 'OF ME CRT OF
FAVETTEVILLEr ARNANEAE:
Section 1; That the City of Fayederl Arkansas latter 0o dorlcation by Thomas C. Wu of the
replacement-20 fact mtor, sewer, and gas easernant attached as EJ t 'l hereby vacates end
abarldans the WkwM desulEed ut%ty easement, abandoning al of its rights logical With the rights of
the pubkc in general:
See E#$it'A' attached hereto and node a pert hemof.
Section 2: That a copy of this Ordnance duty certified by the Gay Clerk, a" with the map lebelec
E#yEit'B' attached hoard and Made a part honest, shal Ise Red In the ofAte of the Recorder of the
County and recorded in the Deed Records of pre County.
FAPRarc APPHOKD IYs 15N day of iluro, 2004.
APPROVED: , . ,.. ...
DDAN COl wvor - .. ........ ...
ATTEST _
By:
SONDRA SMITH, City CM
EXHIBIT 'A'
VAC 04-1105
AN EXISTING TEN (10) FOOT WIDE EASEMENT FOR THE PURPOSE OF UTLfTY
EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PART.OFk;
QUARTER (SW1/4) OF THE NORTHEAST QUARTER INE1/4) OF SEE��ii�oQryry TI
DR TOWNSHiO SEEN (16) NORTH, RANGE THIRTY PMWEST, AND)NM III
BLOCK'B- OF SUNRISE MOUNTAIN SUBDIVISION, ALTOGETHER SBNG MORE
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTKWEST CORNER Of $ND
S03054'S2'E ALONG THE EAST RIGHT-OF-WAY LINE OF SUNRISE MOUNTAIN;{
THE SOUTH LINE OF SAID EXISTING EASEMENT; THENCE EAST ALONG THE SOU
EXISTING EASEMENT 138.69 FEET TO THE WEST LINE; OF A PROPOSED TWEIiTY
UTILITY EASEMENT: THENCE N19I20'25'W ALONG THE WEST UNE OF `S`y
EASEMENT 10.60 FEET TO A POINT ON THE NORTH LINE OF SAID 60STING Fit$
LEAVING SAID PROPOSED EASEMENT WEST ALONG THE NORTH LINE OF
EASEMENT 135.86 FEET TO THE EAST FIGHT -OF -WAY LINE OF SUNRISE -MI
THENCE LEAVING THE NORTH UNE OF SAID EXISTING EASEMENT S03054.52-E 5,
POINT OF SEGMING, WASHINGTOfN COUNTY ARKANSAS.
EKHISIT'S' can be viewed at the Coy Clerkb office durMg tlatoss