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HomeMy WebLinkAboutOrdinance 4669 ORDINANCE NO, 4669 AN ORDINANCE APPROVING VAC 04- 1324 SUBMITTED BY ENGINEERING SERVICES, INC. FOR PROPERTY LOCATED ON THE NORTH SIDE OF WEDINGTON DRIVE WEST OF SALEM ROAD 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 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 : At the cost of the developer, the overhead electric lines and Cox Communications lines shall be relocated underground. The existing utilities shall remain in service until the relocation is complete. Section 3 : 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 4`h day of January, 2005. APPROV Y •��''sGP'• =U • : FAYETTEVILLE : = By: �z•, c, DAN COODY, ay r ATTEST- By: SONDRA SMITH, TTEST:By: SONDRASMITH, City ClerkDoc IIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIII Recorded : 02/01/2005 3 tT02 : 14:58 PM Fee Amt : 814 . 00 Paae 1 of 3 Waehlnaton County . AR Bette Btamoa circuit Clerk F11e2005-00004796 EXHIBIT "A" VAC 04-1324 A PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE FRACTIONAL NORTHWEST QUARTER (NW 1/4) OF SECTION SEVEN (7), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NE CORNER OF THE SW 1 /4, FR NW 1 /4, OF SECTION SEVEN (7), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST; THENCE WEST-496.05 FEET; THENCE SOUTH 00°08' 38" WEST-646.42 FEET; THENCE SOUTH -287.23 FEET; THENCE NORTH 89°48'47" WEST-684.63 FEET; THENCE NORTH 05056'48" WEST - 15 .09 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89048'47" WEST - 19.82 FEET; THENCE NORTH 00°08 '38" EAST- 128.81 FEET; THENCE SOUTH 89051922" EAST-5.41 FEET; THENCE SOUTH 06° 14' 06" EAST- 129.63 FEET TO THE POINT OF BEGINNING, CONTAINING 0.04 ACRES, MORE OR LESS. VACSALEM TOWNHOUSES iew llfflw Close, UpUp V.,w j l -, j all 7 G - RMF2d_._ P ...� SF•1 _ � ��I I ��� Q �\ I / ®I R-A • SUBJECT PROPERTY � R•O �. I I i RI ct � I -�1 w ® R.A f I Overview LI m00%W'ssMY 04YY mPM1CIDN McAeI — ROODWAY — '.flOYEAR �,� Yabt Sbwt Pbn mMMttArMel IDD YEAR UMR OF Y " rs Ss Masbr 9peMRM cdb — _ . enaUne PmEb a='`s•,-sv. � + . . '- Fr &offiwassK+Y base wt«k taYctor VAC04-1324 s O Fayetteville •- � 0 75 150 300 450 8001 I 1 Feet 14 � 1 {- t Washington County, AR 1 certify this Instrument was filed on 02/01 /2005 02: 14:58 PM and recorded in Real Estate File Number 2005-00004796 Bette Stamps - Circuit by . &2 F City Council Meet of January 05, 2005 6 ;a R, Agenda Item Number �C � y X302 CITY COUNCIL AGENDA MEMO c�� r To: Mayor and City Council Thru : Gary Dumas, Director of Operations From: Jeremy C. Pate, Interim Zoning and Development Administrator + Date: December 15, 2004 Subject: Easement Vacation for Elder/Salem Condos (VAC 04- 1324) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of an existing utility easement, as described and depicted herein. BACKGROUND The applicant has secured approval from the Planning Commission to construct a 58-unit multi-family condominium development located on 4.77 acres west of Salem Road, north of Highway 16 (Wedington Drive). One of the proposed buildings is to be located within an existing 20-foot utility easement, currently utilized by Ozarks Electric and Cox Communications. These overhead utilities are required to be relocated underground, and will be in a different location. A condition of approval of the Large Scale Development, approved by a vote of 8-0 by the Planning Commission, states that the subject easement shall be formally vacated, with overhead lines to be relocated underground. The request is to comply with this condition of approval. Request: The applicant requests to vacate a portion of an existing utility easement to allow for construction of a residential structure, as described and depicted in the attached documents. DISCUSSION Notification was provided to all utility representatives and adjoining property owners. No objections were submitted. Conditions as requested and pertinent to the subject request are included as a condition of approval. The Planning Commission voted 8-0-0 on its consent agenda to forward this item to the City Council with a recommendation for approval of the vacation request at the regular meeting of December 13, 2004. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 04- 1324 SUBMITTED BY ENGINEERING SERVICES, INC. FOR PROPERTY LOCATED ON THE NORTH SIDE OF WEDENIGTON DRIVE WEST OF SALEM ROAD 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 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. At the cost of the developer, the overhead electric lines and Cox Communications lines shall be relocated underground. The existing utilities shall remain in service until the relocation is complete. Section 3. 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 day of 52004. APPROVED: By Dan Coody, Mayor ATTEST: By Sondra Smith, City Clerk EXHIBIT "A" A PART OF THE SOUTHWEST QUARTER (SW '/4) OF THE FRACTIONAL NORTHWEST QUARTER (NW %4) OF SECTION SEVEN (7), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NE CORNER OF THE SW 1 /4, FR NW '/<, OF SECTION SEVEN (7), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST; THENCE WEST-496.05 FEET; THENCE SOUTH 00°08' 38" WEST-646.42 FEET; THENCE SOUTH -287.23 FEET; THENCE NORTH 89048347" WEST-684.63 FEET; THENCE NORTH 05056'48" WEST - 15 .09 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°48'47" WEST - 19.82 FEET; THENCE NORTH 00°08 '38" EAST- 128.81 FEET; THENCE SOUTH 89°51 '22" EAST-5 .41 FEET; THENCE SOUTH 06° 14'06" EAST- 129.63 FEET TO THE POINT OF BEGINNING, CONTAINING 0.04 ACRES, MORE OR LESS. s Taye evI 1e PC Meeting of December 13 , 2004 ARKANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jeremy Pate, Senior Planner Brent O'Neal, Staff Engineer THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator DATE: December 08, 2004 VAC 04-1324: Vacation (Elder/Salem Townhouses, pp 401) was submitted by C&K Properties for property located on the north side of Highway 16 and the west side of Salem Road. The property is zoned R-O, RESIDENTIAL OFFICE, and contains approximately 4.77 acres. The request is to vacate a portion of a utility easement on the subject property for the construction of a residential structure. Findings: Vacating the portion of the utility easement would not adversely affect access to the remainder of the easement. Background: In August of 2004, the Planning Commission granted approval of a Large Scale Development (LSD 04- 1149) for the subject property, consisting of a condominium-style development with 58 two-bedroom units. One of the buildings in the southwest corner is proposed to be situated within an existing 20' utility easement. This 20' utility easement is currently utilized by Ozarks Electric and Cox Communications and contains overhead power and television cable. A condition of approval of the Large Scale Development, approved by a vote of 8-0 by the Planning Commission, states that the subject easement shall be formally vacated, with overhead lines to be relocated underground. The subject request is to comply with this condition of approval. Request: The applicant requests to vacate a portion of an existing utility easement to allow for. construction of a residential structure. 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 Existing service will remain until such time services are relocated. Cox Communications Same as above. KA Reports\2004\PC Reports\12-13-04\VAC 04-1324 (Elder-Salem Townhouses).doc AEP/SWEPCO No Objections Arkansas Western Gas No Objections SW Bell No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer 'Developer shall extend the water main north to create a looped system. Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: The applicant has submitted the required notification forms to the adjacent property owners. One adjacent property owner has requested additional information regarding the relocation, especially with regard to the existing trees and how the utilities will be rerouted. No other adjacent property owners have responded with concerns. Water/Sewer Response: The requested vacation does not affect water and sewer lines, easements, or operations. The requested condition for looping the system is appropriate at the time of Large Scale Development review / development review, and has no bearing on the subject request. Recommendation: Staff recommends approval of the proposed utility easement vacation 04- 1324 with the following conditions: 1 . At the cost of the developer, the overhead electric lines and Cox Communications lines shall be relocated underground. The existing utilities shall remain in service until their relocation is complete. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: - Cone } 80-0 December 13, 2004 Comments: The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total without exception by the entity requesting approval of this development item. KAReports\2004\PC Reports\12-13-04\VAC 04-1324 (Elder-Salem Townhouses).dm By Title Date CITY COUNCIL ACTION: yes Required Approved Denied Date: KARcponsU004\PC Repons\12-13-04\VAC 04-1324 (Elder-Salcm Townhouses).doc Engteering Services, Inc 1207 S. Old Missouri Rd. P. O. Box 282 Springdale, Arkansas 72765-0282 Phone: 479-751 -8733 Fax: 479-751 -8746 October 29, 2004 Adjacent property owners RE: Elder Condominiums L.S.D. Fayetteville, AR To Whom It May Concern: Attached are easement vacation documents concerning the Elder Salem Road Condominiums. I have also attached a drawing showing the location of the proposed easement vacation. The developer is relocating the overhead power line on the west side of the subject property to underground directly west of the proposed apartment units. If you have further questions or concerns please let me know. Sincerely, Jason Appel, E.I. Project Engineer Consulting Engineers and Surveyors Jerry W. Martin, P.E. E. Walt LeFevre, RE: Philip C Flumbard, RE, RLS. Brian J. Moore, P.E. President senior Vice President Vice President Secretary / Treasurer 0 UTILITY APPROVAL FORM • FOR RIGIIT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: REQUESTED VACATION: ❑ Street M Utility Easement ❑ Street and all the utility easements located within the vacated street ❑ Right of way for alley or street ❑ Right -of way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley ❑ Alley and all utility easements located within the vacated alley. I have been notified of the petition to vacate the following_ described as follows: (please see list above) LEGAL DESCRIPTION - EASEMENT: A part of the Southwest Quarter (SW 1/4) of the Fractional Northwest Quarter (NW 1/4) of Section Seven (7), Township Sixteen (16) North, Range Thirty (30) West, being more particularly described as follows: Commencing at the NE Comer of the SW 1/4, FR NW I/4, of Section Seven (7), Township Sixteen (16) North, Range Thirty (30) West; thence West - 496.05 feet; thence South 00°08'38" West - 646.42 feet; thence South - 287.23 feet; thence North 89048'47" West - 684.63 feet; thence North 05056'48" West - 15.09 feet to the POINT OF BEGINNING; thence North 8904847" West - 19.82 feet; thence North 00°08'38" East— 128.81 feet; thence South 89°51 '22" East - 5.41 feet; thence South 06014'06" East - 129.63 feet to the POINT OF BEGINNING, containing or 0.04 acres, more or less. UTILITY COMPANY COMMENTS: ❑ No objections to the vacations described above. ❑ No objections to the vacations described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) Signature of Utility Company Representative Title • HARVARD ST Q. O w YALE ST O `t�� pp0 1 ANNE CETO w y1 y�P F Davis � � Park JORNEIJ ANNE ui 4 ww _ _ O D w O vnssAB sT '- p w rc MULBERRY SHALE ST �`" '� F c ST DOROTHY JEANNE w Z �2 0 ¢ " MICA STMICA 3 Q O ri C ¢ Qy a a 16 O1 p� Z K W PROJECT JEWELL RD W AREA J Q O N '+ K W a J 0 VICINITY MAP LL LL d U Q C" cd a w ww 0 W 0 N J O d d AlE PLANE STNORTH RLY: COORDINATES: 643213.313� , S O, , z z EASTERLY: 659.122.500 • y v N m V T w n G _------- SCIEPROPOSCE------_ PROPOSED — — — — — PROPOSED - — — — ;•ti aw — — — — DU MPSTER CURB CUT_... I I 1263.72 - ,P n x .. s 1 I I 126360 I IT ILE : 1 '` 1 �o• kg � 0 z63 f ; g t .5ej • '• -µ � 1 G I I -� w• oA� qp � i '•1. S 1 I r. ss• "' 126 { f it ' - II % FF EL = 1264.25 I l,r.�•:'. In C Q` 126: L_4 im } 1263.38— 7lzl &5 IF PY i ii :.; I -�_ STA 6+4J.48 I m�' BwFJ RACK 1 126111 I + .." II c1 — .1263.00 ) i)A!�1 1�,_ i. ; I WSTAt1 f17 BE)� 126J.3a 4 g;� q :^, w I I 6 WATER METERS i_ is I } L V 1'1 1 ` 6 WATER METERS �.� '' '. I i C SEE 0ETA65 ) ' 'c ce c I STA. ]+0239 / s Ix 1 INSTAEL 6-i6- REDUCER SS 6' Y.E DUNE i �Sg11BLr, E?D ERE t m a a z I I x3 uz z h I v o rO h ( 00 in 0 ©ou- • •'.., I,... ;. z J F EL = 1265.00 .. Pl6S( .. ` - L.,...t' `_.i •..��: ± 2-30 0' x1264.57 -- Iirbz1 4; 4I 91 1263.91 Iz L 25� )211264.02 43.E FROM AIRWAYS INTERNATIONAL • (TUE i 5:F1/j.15:49/NO.6312020752 P 1 Fax cover 11/09/04 To; Engineering Services Mr. Jason Appel fox: 479.751.8746 From: Hal Poole 3560 Wedington Drive Fayetteville, AR 72704 phone: 479.442.6301 business 479.443.0725 home 7 pages incl cover cc: City of Fayetteville Ms. Jan Gambill 479.575.8202 Mr. Appel, I have received your most recent certified letter regarding the utility easement vacation for the proposed Elder Condominium project. I am concerned about the effect of digging for underground lines and the effect it might have on tree root systems on my property. You have not acknowledged my last request to have someone show me on the property what is proposed, nor have you given me with this letter how or to whom I am to respond. Please feel free to contact me if you wish, in the meantime I am forwarding a copy of this correspondence to the city as I have your others. Regards, Hal Poole �.t ,0 V lossU1324 SALEM TOWNHOUSES Close Up Vew R -A R -A R -A C-1 El SUBJECT PROPERTY R-0 C-1 Overview Legend �00pO.lay Dubl] ® Prkdps Arsenal — FL000WAY — 500 YEAR o�ooW -----_ YaYr stnH PMn Y� Mipr Arlmal 100 YEAR --- UMIT OF STUDY MasUrSfltPbn - W 0peafa _ _ . 9 mPm e u FreexeyE%pressway ....R¢Ipnc CoIecw VAC04-1324 O Fayetteville I.IideOty -i 0 75 150 300 450 600 VAC04-1324 One Mile View R.1 SALEM TOWNHOUSES -- RSF. ---- __..:t a-JAf RSF4 RSFJ R -A R -A SUBJECT PROPERTY `: ems_ R -A R-0____ nw ua_.• ! Ov HA62(—N.FZ �I Gl - C --I I Gt C -P I i �I c-Iis iGri RO/6ROP Gti CI G,: _. 4 _ RSFA ` ' RAF2� - o _2s-. Overview Legend e9 Boundary Master Street Plan Subject Property " planning Area Master Street Plan VAC04-1324 .00000 -T=-a Freeway/Expressway 000000 Overby District® Pnndpal Arterial EAOutside City s0 M1LnorAnerial — a Collector •... Historic Collector 0 0.1 0.2 0.4 0.6 0.8 Miles R -A M City of Fayetteville Staff Review Form City Council Agenda Items Contracts 4 -Jan -05 City Council Meeting Date Jeremy Pate Submitted By Planning Operations Division Department Action Required: An ordinance approving VAC 04-1324 submitted by Engineering Services, Inc. for property located on the north side of Wedington Drive west of Salem Road vacating a portion of an existing utility easement to allow for construction of a residential structure, relocating all existing utilities to another location. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a Account Number n/a Project Number Budgeted Item n/a Funds Used to Date n/a Remaining Balance Budget Adjustment Attached EJ Department Direc o Date Ci orney Mayor n/a Program / Project Category Name n/a Fund Name Previous Ordinance or Resolution # n/a Original Contract Date: n/a Original Contract Number: n/a Received in City Clerk's Office Date ReceivedinMayor's Office Date vy From: Clarice Pearman To: Thomas, Renee Date: 1/6/05 9:13AM Subject: Re: VAC 04-1255, VAC 04-1279 and VAC 04-1324 Renee, Please let me know when to expect the Exhibit B for these items. This the second request for VAC 04- 1255 and VAC 04-1279 from 12/21/04 meeting. I also need an Exhibit B for VAC 04-1324 passed by Council on 1/4/05. There are maps attached to backup but none designated as Exhibit B. These are needed for publication and filing at the courthouse. I can't publish without the exhibits nor can I file them with circuit clerk's office. Thanks. CC: Conklin, Tim; Pate, Jeremy ORDINANCE NO. 4669 AN ORDINANCE APPROVING VAC 04-1324 SUBMITTED BY ENGINEERING SERVICES, INC. FOR PROPERTY LOCATED ON THE NORTH SIDE OF WEDINGTON DRIVE WEST OF SALEM ROAD 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 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: At the cost of the developer, the overhead electric lines and Cox Communications lines shall be relocated underground. The existing utilities shall remain in service until the relocation is complete. Section 3: 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 4th day of January, 2005. By: ATTEST: By: /%IA(W 944u � SONDRA SMITH, City Clerk E : FAYETTEVILLE � = From: Clarice Pearman To: Thomas, Renee Date: 1/10/05 3:24PM Subject: Renee, Renee, Please let me know when to expect the Exhibit B for these items. This the third request for VAC 04-1255 and VAC 04-1279 from 12/21/04 meeting. I also need an Exhibit B for VAC 04-1324 passed by Council on 1/4/05. There are maps attached to backup but none designated as Exhibit B. These are needed for publication and filing at the courthouse. I'd like to get these publish but I can't publish without the exhibits nor can I file them with circuit clerk's office. CC: Pate, Jeremy, Conklin, Tim From: Clarice Pearman To: Pate, Jeremy Date: 1/21/05 4:04 PM Subject: Ord. 4658, 4659, 4669 Attached are the ordinances passed by the City Council on December 21, 2004 and January 4, 2005 regarding approval of vacation which now include Ex. Bs. Thanks. Clarice \ u�.^...j^...r Va �1 I-i.�:iJ,i "NorduvectArkansas' Most Widely Read Newspaper" FIDAVIT OF PUBLICATION I, , do solemnly swear that I am the Legal cI4Ic of the Ark�kas Democrat-Gazette/Northwest Arkansas Times nevspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: dL/lLL/l &_ 4L17 was inserted in the regular editions on ltit11luaA.-f .-Qr Qrc6. 0 PO#. ** Publication Charge: $ P4? 9) Subscribed and sworn to before me this U day of 2005. Notary Public Sharlene D. Williams Notary Public My Commission Expires: State of Arkansas My Commission Expires October 18, 2014 •* Please do not pay from Affidavit. An invoice will be sent. RECEIVED JAN 242005 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-442-1700 • 479-442-5477 (FAX) ORDINANCE NO. 4669. ANO,..'NEAPPROVINGVAC 041324 BDI3MR- a e eKILle TED BY ENGINEERING SERVICES, INC. FOR PROP- i' ERTY LOCATED ON THE NORM SIOE OF WEdNG- Y TON DRIVE WEST OF SALEM ROAD AS DESCRIBED ON THE ATTACHED MAP AND LEGAL DESCRIPTION WHEREAS, the City Cowwtl has the authority under AC.A. § 14-54-104 to vacate pubb grounds or potions thereof which are rot required for corporate purposes, and WHEREAS, the City Cau1Gl has detennred that the fcloMng described easement H not requred far corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CT' COUNCIL OF THE CITY OF PAYR- TEVILLE, ARKANSAS: Section 1: That the City of Fayetteila. Mmnsas hereby vacates and abandons al of its rights 1o9eter with the rights of the quilt generally, in and to the following described utWty easement See Exhibd'Aattached hereto and made a part hereof. I Section 2: At the cost of the developer, the ovadoad electric Ines and Cox Commudcatbns Was shag be reboated underground. The existing utilltles shell remain In serMce until the relocation Is compete. Section 3: That a copy of this Ordinance duly certified by the CltylOerk along with the map attached hereto and labeled E dtt 'B' shat be Ned in the office of the Recorder of the Co,my and recorded in the Deed Records of the Canty. PASSED wW APPROVED US 4th day of Jantary, 2005. APPROVED: By: DAN COODY, Knw ATTEST: SYi SONDRA SMITH, City CNrk MAC IBFTW VAC 04-13232 4 A PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE FRACTIONAL NORTHWEST QUARTER (NW 1/4) OF SECTION SEVEN (7), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF THE SW 1/4, FR MV 1/4, OF SECTION SEVEN (7), TOWN- SHIP SIXTEEN (16) NORTH. RANGE THIRTY (30) WEST; THENCE WEST -496.05 FEET; THENCE SOUTH f%Y08'38- WEST -646.42 FEET, THENCE SOUTH -287.23 FEET, THENCE NORTH 89°484r WEST -684.63 FIEF. THENCE NORTH 05°5648' WEST - 15.09 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89.48'47' WEST - 19.82 FEET; THENCE NORTH 00°0836' EAST -128.81 FEET,' THENCE SOUTH 895122' EAST -5.41 FEET; THENCE SOIT H 06°14'06' EAST -129.63 FEET TO THE POINT OF BEGINNING, CONTAINING 0.04 ACRES, MORE OR LESS. E9tl B b available far viewing In the city deck's once.