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HomeMy WebLinkAboutOrdinance 4740 i ORDINANCE NO. 4740 AN ORDINANCE APPROVING VAC 05- 1522 SUBMITTED BY PATRICK 14ARGUS FOR PROPERTY LOCATED AT HWY 112 AND TRUCKERS DRIVE (THE SPRINGWOODS PLANNED ZONING DISTRICT) VACATING A UTILITY EASEMENT AS INDICATED 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 portion of 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: 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. Section 3. That this Vacation approval is subject to the conditions of approval listed in the staff report and Planning Commission recommendation. PASSED and APPROVED 2nd day of August, 2005. APPROVED: ��• G�� . 3 ; FAYETTEVILLE : = By: �:. :� DAN COODY, Mayor ��9sy�KANSP�J� To ATTEST - By \, Xh �C�/La /� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII SONDRA SMITH, City Clerk Doc ID : 009064590003 Tvoe : REL Recorded : 09/06/2005 at 09 : 58 : 04 AM Fee Amt : $14 . 00 Pace 1 of 3 Mashlncton county . AR Bette stamos circuit Clerk F11e2005-00039239 i EXHIBIT "A" VAC 05-1522 SURVEY DESCRIPTION 50' PERMANENT MULTI-USE EASEMENT LOCATED IN A PART OF THE N ''/z OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW '/4 OF THE NW '/4 SECTION 33 ; THENCE SOUTH 02 DEGREES 28 MINUTES 26 SECONDS WEST, 508.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 54 MINUTES 20 SECONDS EAST, 2885.00 FEET; THENCE SOUTH 02 DEGREES 27 MINUTES 35 SECONDS WEST, 50.00 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 3.311 ACRES MORE OR LESS AND BEING SUBJECT OT ANY RIGHTS-OF-WAY AND EASEMENTS OF RECORD. SURVEY DESCRIPTION 100' TEMPORARY CONSTRUCTION EASEMENT LOCATED IN A PART OF THE N 1 /2 OF SECTION 33, TOWNSHIP 17 NORTH , RANGE 30 WEST IN FAYETTEVILLE, WASHINTON COUNTRY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS : STARTING AT THE NW CORNER OF THE NW '/4 OF THE NW '/4 OF SECTION 33 ; THENCE SOUTH 02 DEGREES 28 MINUTES 26 SECONDS WEST, 558.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 54 MINUTES 20 SECONDS EAST, 2885.00 FEET; THENCE SOUTH 02 DEGREES 27 MINUTES 35 SECONDS WEST, 100.00 FEET; THENCE NORTH 87 DEGREES 54 MINUTES 20 SECONDS WEST, 2885.00 FEET; THENCE NORTH 02 DEGREES 28 MINUTES 26 SECONDS EAST, 100.00 TO THE TRUE POINT OF BEGINNING CONTAINING 6.623 ACRES MORE OR LESS AND BEING SUBJECT TO ANY RIGHTS-OF-WAY AND EASEMENTS OF RECORD. URS sKxrs_a Fir= 50' MULTI—USE/WATER/S ER EASEMENT TO BE VACATE ___________________ _ ttt mm ; x s sI.M.42. IF rxm' Orly 7 i 376y. 9 C s ismss' r f m il+ zlrnsv- E a' r.— Ih3 + mrr 1 1 } s nrlsm' E '1 1 it �nl� rmw• 14 vrna' . pit"' tATtl' . id !l ZS Ile Y rzs- .N 22 Or M21 —H If + �. 1-32— C31_ S••• �.�.� �•<••.- _11V�w•(.�:�_�_-- � � —•'JSL YfE¢ If1 sf11u R1M _=s•�=:===._- - .... ISS yn{� � C� - LML <_1_m _ swlnra R.UfSdV SURV{VUIC. INC. Washington County, AR I certify this instrument was filed on 09/08/2005 09:58:04 AM and recorded in Real Estate File Number 2005-00039239 Bette Stamps - Circuit Cljr by p 2 ,0 cY/o1�0� City Council sating of July 19, 2005 ��� Agenda Item Number CITY COUNCIL AGENDA MEMO V o5 - t5a2,D ,n�wovJs � To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: June 30, 2005 Subject: Easement Vacation for springwoods (VAC 05- 1522) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a utility easement crossing the subject property, as described and depicted herein. BACKGROUND The subject property is located southwest of I-540, Arkansas State Highway 112 within ' the Springwoods Commercial Planned Zoning District (C-PZD) and adjoining parcels to the east. The final plat for the Springwoods C-PZD was approved by the City in June 2004 and the future vacation of this permanent multi-use/water/sewer easement was noted on the final plat. Currently no public utilities or public uses occupy the easement. As part of an agreement between the City of Fayetteville and the applicant (see attachments to this report), the easement would stay in place until an alternative easement serving the same purpose was located, secured, and conveyed to the City. It was only a matter of timing as to when the alternative easement would be conveyed. The required conditions regarding this alternative easement have been met between the City and the applicant, and an easement has been granted along the north property line in a similar fashion. The applicant requests to vacate a 50' multi-use easement and a 100' temporary construction easement, as it is no longer necessary to facilitate the construction of future sewer lines. DISCUSSION Notification was provided to all appropriate utility representatives and adjoining property owners. No objections were submitted. Conditions pertinent to the subject request are included as a condition of approval. The Planning Commission voted 9-0-0 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 June 27, 2005 . BUDGETIMPACT None. Ml A .. tts[s[ta[::a:as:::[[tat[ :atssssst_..:::::::::::::::: sa: a ::::::sat:;ass::::;::[[[::sat:asssaa : : _.:.. .: :: ...; ;s va . t x ♦ i 'xr ON ff � a 4 r . dix y a •'.k. 41 '1? 1 1 11 . 11 • 11 11 • • le ( V� PC Meeting of June 27, 2005 '0171 ARKANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-3267 TO: Fayetteville Planning Commission FROM: Jeremy Pate, Director of Current Planning Brent O'Neal, Staff Engineer DATE: June 23, 2005 VAC 05-1522 : Vacation (Springwoods, pp 247) Submitted by PATRICK HARGUS for property located at SPRINGWOODS & SW CORNER OF HWY 112 & TRUCKER'S DRIVE. The property is zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 90.93 acres. The request is to vacate a permanent multi-use easement and a temporary construction easement within the subject property. Property Owner: COLLINS HAYNES Planner: JEREMY PATE Findings: Property Description and Background: The subject property is located southwest of I- 540, Arkansas State Highway 112 within the Springwoods Commercial Planned Zoning District (C-PZD) and adjoining parcels to the east. The final plat for the Springwoods C- PZD was approved by the City in June 2004 and the future vacation of this permanent multi-use/water/sewer easement was noted on the final plat. Currently no public utilities or public uses occupy the easement. As part of an agreement between the City of Fayetteville and the applicant (see attachments to this report), the easement would stay in place until an alternative easement serving the same purpose was located, secured, and conveyed to the City. It was only a matter of timing as to when the alternative easement would be conveyed. The required conditions regarding this alternative easement have been met between the City and the applicant, and an easement has been granted along the north property line in a similar fashion. Request: The applicants request to vacate a 50' multi-use easement and a 100' temporary construction easement, as it is no longer necessary to facilitate the construction of future sewer lines. KAReports\2005\PC Reports\06-27-05\VAC 05- 1522 (Springwoods).doc ! r • • The appli cant 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 Cox Communications No Objections Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections Southwestern Bell Telephone No Objections CITY OF FAYETTEVILLE : RESPONSE Water/Sewer No Objections. 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. Adjacent property owners had no objections to the proposed vacation. Recommendation: Staff finds that vacating the easement would not adversely affect the provision of utilities to the property or any other properties. Staff recommends approval of the proposed easement vacation VAC 05-1522 with the following conditions: 1 . The Concurrence for release of easement for Southwestern Bell shall be recorded at the Benton County courthouse prior to vacating the easement. KARepons\2005\PC Reports\06-27-05\VAC 05-1522 (Springwoods).doc • • • • it PLANNING COMMISSION ACTION : yes Required Approved Denied Date: June 27, 2005 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. By Title Date KARepor1s\2005\PC Reports\06-27-05\VAC 05-1522 (Springwoods).doc t0 Rrm¢ySmvariQ. bm All rightemtave3 Nopatoftbisdmwagmey bcrcpm&WW by mY vitbout Prior wribrn pemuaiae from hammy Sorveymg,be C1�1 of pLmleoo Zoned A-1 Zoned A-1 000-15830-000 000-15830-000 GRAVES MELVA DEAN TRUST GRAVES, MELVA 1 MELVA DEAN GRAVESTRUST MELVA DEAN GR/ 2841 N CHARLESTON CROSSING 2841 N CHARLES FAYETIEVILLE, AR 72703 c� 24-f// . 42' FAYETTEMLLE, At S 87 12'42" Jli— WA?V? UN£ Multi-use aaserttants shall be vacated and replaced upon delivery of easements per 'Interceptor Sewer Realignment - Springwoods1765-15859-000 Subdivision letter between the City of Fayetteville and Legacy Project, Q III CUMULUS WRELESS LLC., dated Apra 6, 2004. (� to I SERMCES. INC. 1 tc) II 3535 PIEDMONT BLDG 14 SUITE 140C I II I AR-MTA, GA 30305 NZ3 C41 o� SII I III a G - - - - - - - - - - - - - - - - - - - - - - - I f -I - - - - - 50' Pennanlr! Multi-use Easement 5�8 2, S 8754'20' E 4090.66'— — — — — — — — — — — — I — — — I _ 100' Temporary Construction Easement 5 8754'20' E / (f,0 •2 — — — — — — — S — — — — — — — — — — — — a 4090.91' -M�r — — — — — — — - 7c,. - IrI 30T4 E6G 9 v &at`�ep Yal` ��a�e 9502NON I r IW Qe3F. 'c}N z j OLEO Of? 10 ° .L�aF 5. SOUTM / " / /j � ✓ IN i TMl0F FUNE ��42 � 3p g 950102 1 S if iff 190.35' Ij S 31 '34'42" W - 1 I i I 1 126, 750 S 1675'41 " W — • • 1 • • PETITION TO VACATE EASEMENT PETITION TO VACATE A 50' PERMANENT MULTI-USE EASEMENT AND A 100' TEMPORARY CONSTRUCTION EASEMENT LOCATED IN PARCELS WITHIN THE SPRINGWOODS C-PZD03-08.00 AND PARCELS LOCATED ADJACENT AND EAST OF SPRINGWOODS, 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 easement, hereinafter sought to be abandoned and vacated, lying in Parcels within the springwoods C-PZD03-08. 00 and Parcels located adjacent and East ofSpringwoodr, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement and temporary construction easement that is described as follows: Survey Description 50' Permanent Multi-Use Easement Located in a part of the N %: of Section 33, Township 17 North, Range 30 West in Fayetteville, Washington County, Arkansas, more precisely described as follows: Starting at the NW Corner of the NW '/, of the NW '/4 of Section 33; thence South 02 degrees 28 minutes 26 seconds West, 508.24 feet to the true POINT OF BEGINNING; thence South 87 degrees 54 minutes 20 seconds East, 2884.98 feet; thence South 02 degrees 27 minutes 35 seconds West, 50.00 feet; thence North 87 degrees 54 minutes 20 seconds West, 2885.00 feet; thence North 02 degrees 28 minutes 26 seconds East, 50.00 feet to the true POINT OF BEGINNING containing 3.311 acres more or less and being subject to any rights-of-way and easements of record. Survey Description 100' Temporary Construction Easement Located in a part of the N ''/: of Section 33, Township 17 North, Range 30 West in Fayetteville, Washington County, Arkansas, more precisely described as follows: Starting at the NW Corner of the NW '/. of the NW '/. of Section 33; thence South 02 degrees 28 minutes 26 seconds West, 558.24 feet to the true POINT OF BEGINNING; thence South 87 degrees 54 minutes 20 seconds East, 2885.00 feet; thence South 02 degrees 27 minutes 35 seconds West, 100.00 feet; thence North 87 degrees 54 minutes 20 seconds West, 2885.02 feet; thence North 02 degrees 28 minutes 26 seconds East, 100.00 feet to the true POINT OF BEGINNING containing 6.623 acres more or less and being subject to any rights-of way and easements of record. That the abutting real estate affected by said abandonment of the easements are Lots 4, 5, 6, and 8 of the springwoods C-PZD03-08.00, property owned by Springwoods Landholdings LLC, and parcels adjacent and East of Springwoods, owned by Legacy Project LLC, and located within the City of Fayetteville. Currently no Public Utilities or Public uses occupy said Easements 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 easements. Dated this5. day of r a v 20-0-Y—. S n oods Land oldin s LLC, IFpeiRlilins Haynes A Le i ec LC H. s Haynes An EGIS 00 EGIS ENGINEERA INC * 314 South Main (479) 271 -9252 Bentonville, AR 72712-5903 (479) 271 -8627 (fax) Web: www.egis-env.com egis@egis-env.com May 2, 2005 Written Description to Request the vacation of Existing Easements To: The Fayetteville City Planning Commission and The Fayetteville City Council A petition to request a Vacation of a Multi-UseNVater/Sewer Easement and a Temporary Construction Easement is hereby being submitted to the City of Fayetteville. Attached with this letter is a legal description and a graphic representation of the Easements requested to be Vacated. The Easements are located entirely within the Springwoods C-PZD03-08.00 and adjoining parcels to the East. The Easements lie entirely on property owned by Springwoods Landholdings, LLC and Legacy Projects, LLC . No portion of the Easements are located upon other property. Currently no Public Utilities or Public Uses occupy said Easements. As part of an agreement with the City of Fayetteville, per a letter between the City of Fayetteville and Legacy Projects, LLC dated April 6, 2004 and attached herewith , said Easements were stipulated to be included with the Springwoods C-PZD Final Plat and remain in effect until such time that an Alternate Easement, serving the same purpose, could be located , secured , and conveyed to the City of Fayetteville. Please know that an Alternate Easement, as approved by the City of Fayetteville, has been conveyed to the City in the form of Easements and recorded in the Washington County Court House on February 9, 2005, document ID # 00815071003 . Sincerely,boaQ /4J I� �J Patrick Hargus, R Director of Planning and Landscape Architecture EGIS Engineering, Inc. .ti irP;f ' Survey Description 50' Permanent Multi -use Easement Located in o port of the N 36 of Section 33, Township 17 North, Range 30 West in Fayetteville, Washington County. Arkansas, more precisely described as follows: Storting of the NW Comer of the NW j( of the NW X of Section 33; thence South 02 degrees 28 minutes 26 seconds Wes f. 508.24 feet to the true POINT OF BEGINNING: thence South 87 degrees 54 minutes 20 seconds East, 2884.98 feet: thence South 02 degrees 27 minutes 35 seconds West, 50.00 feet; thence North 87 degrees 54 minutes 20 seconds West, 2885.00 feet; thence North 02 degrees 28 minutes 26 seconds East, 50.00 feet to the true POINT OF BEGINNING containing 3.311 acres more or less and being subject to any rights-of-woy and easements of record. Survey Description 100' Temporary Construction Easement Located in a part of the N M of Section .i3, Township 17 North, Range 30 West in Fayetteville, Washington County, Arkansas, more precisely described as follows: Starting of the NW Comer of the NW X of the NW K of Section 33; thence South 02 degrees 18 minutes 26 seconds west. 558.24 feet to the true POINT OF BEGINNING; thence South 87 degrees 54 minutes 20 secondv East, 2885.00 reef; thence South 01 degrees 27 minutes 35 seconds Kest, 100.00 feet; thence North 87 degrees 54 minutes 20 seconds West, 2885.02 feet; thence North 02 degrees 28 minutes 26 seconds lost, 100.00 reef to the true POINT OF BEGINNING containinq 6.623 or -r es more or less and being subject to any rights -of -way and easements of record. so 7� �? ep M. .�frli so nuL}_Use Easfef 7o be'Vacd.}eq , �"Tr{� err �• �__� IW tom^ ♦!—�_______� J r r w_ \` e j 1 1 .Qli I Q�rrJ: ��•r I .. � r �Oo rel't�(JgYJY Co / ' SASCYste n -f �Uy 57 TIV / � -'� .�./, k _ ! / s JP'M.Q . 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N 1, r cry ra:1N .ft,.r ]NY' .9 x 6 n R I IMW S 071r .V ni.x 2ro7W all �1r �� r_ ._ 1 Aug -20-04 09:21aa Froe-HAYHES "'I 4794648622 T-390 P.003 F-795 00 _ •* ]INTERCEPTOR SEWER RX-AIUGNA��� sullkSION : I' Arkansas 1 AGREEMENT, made and entered intothe--(L day Ann 11 1 0l r 1 - :FI 1 ♦ n • ` u • • I :1 Arkansas (hereafterr: :f FAVETTEVILLEJand • 1 _ Arkansas n :I liabilityassigns (hereafter :1 WITNESSEM THAT: WTIEREAS, Fayetteville by an agreement executed on May 6, 2003 agreed to convempLand 1 ::• I • 1 ♦ I :� 1 .r I ' I r Ilp :• 1 I _. :I : • :r • 1 north side of Interstate 340, situaW in the City ofFayettevilleI Washington County, contain I approximately:• acres ofland,. moreor less, being subject specific stated terms and conditions; and ♦ I' pursuant 1 the statedterms11 conditions 1saidagreement;NI • the fiinowing• •I• made - 1 I .1 �l I I ' I r I I, I. 1 r� p� � :I : • i:I. 1 I 1 M 1 I- Y Y I S I 1: •I I I :I ' :: 1 I n •I 11 1 •• A' 1 Y I M I Y ♦ 1 :1 1 1 1•: Y 1I'" 1 1 'r 1: H �: 1 1 1 '1 :. 1 1 1 V :1 1 1 1 1: 1.1 _ 'J 11 1 1 III :1 "1 11 1 J 1 V 1• 1 1 Y M• I 1` Y 1: 1• I• I• Y V I I r• I I I i I• I I I :I 1• f I• I' : I I' :._O:. • :Y • Y 1 1 P• :1 1• •• I I M L• 11 ♦' 11 1 1 1 1 I:1 1 1�' 1 > • I:1 1 :-: _yl i' li 11 •:IFII : I wl •1 • 1 • 1 111 1': • 11 '�• I 1 • 1 - • 1 :I • :1 [I • ^ • :1 ' 11 :II V1111 Nli 1 IlI :rl 1 11 y ::1 :111 MII 1 • • 1 "1 1 1 I '11.:1!1 •1 / 1•' 11 •'ll • 1 I: II .q1 L:K :II N11 111' 11 W1 1.1 I •1 :<: :111 w�1 "I: :.Y •'� 1 1. • I: • y Y IL Y\ 1' 1 Y1 1' 1 : :111111 :1 \ Iw•1 'Y1111 • >11 : II n it 11.:1 I1.1 S•ql I PI • 1 • I M1II Y• 1 vl 1 • I I 1 w II II I • !I •a :� I I I II I: twill • I\' •: I I 1 I W;Tom • 1 :Y I 1 1 X11 1 L1 :Y:C I :KI '11I ✓.11 1.1 101611 1 1 I ♦: :1 II 1 'L 11 r ♦ "1 1 ' 1 1 "1 YYL' • II•: • I 1 1, 4111:11 -i I(f:it and be available for public use, and WBEREAS, Legacyhas completed development •1forthe land that I'\1\. 1 - Il:n :�: a 1'1 • f 1 :•1 : !A' 1 I i.'-wn wl I :n.1 IrIR'1IH11 - Pn :1f1: IIn 1:1 I-! n q' • :I4 ••1.:1 :YI Yi • ♦ I' • 11agreement; and WHMEAS, Fayettevillefinds the modilicadon oftheoriginal • 1 Proposed s:1interceptor 1line 1 be 1 1' best public interest; NOW THEREFORA Fayettevine and Legacy agree to the following modified terms and conditionsforSection I of May • 2003 agreement: 11:11 � I Y :1 - 1 Y♦ I' I A n� n I Y: ' :•u - I ♦ 1 1 1 \ I 1.1 • :�: 11 \ 1 � 1 .n ♦ 1 I ♦ I : Y I Y I • • : V \ : �Y I- r1 :1 • 1 :: 1 • 1"wL:': Iw'Y 1:1 •i\ 1:1'J 11 • I' I\ I+: V N I V \ 1 I Y •• :I 1 I I 1 _ II N "• w \ • I 1 1� I 1 11w 11 I 1 :11'1 ♦ 1 • F:. 1 1 1I:1 YI p4 y V- Aue-20-04 • 09:22ae FrwHAYMES "n 4794648622 T-390 P.004/008 F —T95 Y\I r 1 I4 II' I' 1:. 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" 1 1 • '•' 1 I Y 1 1 ••� 1 4 :1 p :1 II 1 I I p 1 4 1 :1 • \ I 1 1'' 1 1 \ 1 IJ 4411 1 1 4 L I • 1.' • 1 1 I' n 1 1 4' 1• 1♦ 1 41 • t 11 • • I I I • • 1 1' ;u 1 .1 1 1 I' 'I i1 I 1': r I ill AA :�I' I 1 • II 1 ' 1' p l :1 •• • 1 11 •1 11 a l 1 41 1 1: • 1 ♦ 1 1 1 1- 1• 1• «• ♦ 9 • I • 1 1 '1 :" I 1 2 Au. -20-04 09:2320 Frort-MYAES I TO 4794648522 T-390 P.005/008 F -T95 •• •• remaining 11fill force and effiect.Furthermore,said default by Legacy1 l obligate Legacy1 hilly reimburse:I for any andall costsincurred the implenicatation1 the new 1 Y 1 1sewerline alignment,said stranded i costs1 haw a ceiling• $150,000.00 as noted 1 1' previous section. 1 Upon execution 1 this agreement 1 Legacy11Fayetteville,muway understood and agreed I•:FayettevilleI proceed immediatelywith the planningand design of the proposed interceptor based III the re- aligment.Actions that Fayettevilleshalltake, andfor• 1Legacybecome accountable default1 include; engineering surveys,borings,1: I.' } • 111 n drawingrevisions, historicalticulturalassessmentsand other project actionsthat arespecificto 1' new alignment 1Legacy 7. Fayetteville maintain 1accurate1records 11 authorizations,transactions and costs relating 1 1'new alignment of 1' interceptor sewerlinm Asthese• A are incurred,Fayetteville:,I from 111' to I1 but morefi-equently 11 IIY' per moniksubmit requests for 11 "F11 rll toLegacyfor cogs incurred. YI Legacy agrees and covenants to Tevim process and resnit payments to Fayettevillewithin 1 calendar days • :rreceipt of statement.Faihire1 1•: amounts toFayetteville1said 30 -day windowshall grantFayettevillethe right to claiII latepayment penalty of 6% 1 the principal amount of the statement 1' all time the stateumut remainsunpaid- .3, 1• I • V 1 11 :� Y" 11 - 1- • :III I: 1 1 11:':1 1 1 re-aEgnment is attached hereto and made part1 1_agreement andLegacyagreethat thisexhibit generallydepicts I :I : Y e1scopeof this matter. 9, Any I I 1 r Lr1 ::11:111 1 Y• 1 Y • fl II 'J Sill N11 :I YI Y: YI 11 amended SI s noted LI Lw P 1 1 other I • '1 • 1s not affected SMIYI 1 this agreement remain 1 ll force :111 effect, The LI r I "'L • finnish the regun-edright. 1way corridor r . I Uwithin thespecified timeframe shallrenderLegacy.in 1" and • i the . I s this agreement mepti r• these• IIA' of •'1recoveryI \ II Legacy granted toFayettevillc AGREEMENT I . EXECUTED ON THIS DAY OAR�.2004 BY LEGACY PROJECT, LLC. LEGACY PROJECT, LLC., an AS limited liability company. By- w $ CC DAY OF 1 • BY O1 . • I n Clerk ETrf Aug -20-04 09:24aa Fran -MAYBES "tl I 4794648622 T-390 P.006/008 F -T95 `tea ' _ .. .. �. �.uY " •' .-'r ) •1 ' •� • _ e _ • . _: ♦ a. •-�� MITT WARRANTY DEED fE IT RMJ\VN BY TREBE 4RFfOMf: " TINT M CRY OF AAY[rIC"UJC, MOUMMti . wuAMpY Oer• � nwyfw. w- I wRM OEAMOR• b wiy w wra..Em or w ... .A�•y.M'W� ..�r' ;San M nr On►1Milwfd ocow RfMOGI ww avlw 90 mIt vwrEly wiylWyfby. ...""'."ii^�. a..i.. 4...I M $wolpl of M W Y bwmy ad w~gs4 dmo IIrW/ wwy, YElfb1. me w www Nfo Loamy ►M1rR LlD, yA M wwMy . ?9)•2003-0 G=%S9r w4l rOIPE. Ny bN[MmO fyyflOM Mb yY1wW N IM C&AVY N WDO*Qb�Ohba"M bayC • yMl Kweywl fy. TarMMy ff fFAh OEllyy xveyM. ylMe.vey m. 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W fMOl b•aDTEIOd ET.OrwO- fMOIM•.NNfW fyLp Ml firs b•Nyr[r bfp Moo NwwfT iy NEW fplyMl IIOIww fylAtW " wwEW fLl1hTS ly Oa'EW 117�54 Ml " IISIM SV'A KEW - ' 11w01WOT0f [W .f4fo faaf4t Orr MMif W f W p10Mv�'MYM MwY10 M14 P?any/ lmblt EM4Rew EY a fT FPM 10.Y►JEbE AYvily dory M IMwwrd W dsenif IMlAO•Nff W W 7O/MMIr YrWI OOyyy My M ML Mr!f ryr bA/yy y/Myy yRyMMMr M®l TO HAVE AMO TO MOLD Or yW YlOy Md ypY/MlwMyy dlylMde OORywf MIb d yr• OoopOb W O.w0re smom wy p EAR mlwyc AM fM MM (boolIo. hwby awMp00 fMl ■ b bNoIlftLom ll a W Mob Aw PWlyf es; wyl to some, No wMlwwlywy4 W Owl fY Obyl11 MOR wlwf M 4~ FMNu :100M053MI 202 r [Tanmly Dr0 C4' M rsw Y • L"aw Pal lLC P90*202 a: vWxEssww9c w. ImvhAlrX* Ogof .�Z,�..%._- .]000 CRY Or rATlTTMlIr AMCAM l ��" •..�IrTrd 1' er •�L1MlL{JCJ . D�s�D� Gq CY[t OeNq AORNOMLEDOMENT GTAT! OF APWAHMS ) COYNfY OF TWwm16TOM- 3 " ! R IIB19ela! yhiYc MCI[ w0 M M M MNaOr Nm m am4od VIRNE" my A�O1M Aux -20-04 09:21 au Frei-HAYNES "0 Y • 4794648622 T-390 P.002 F-795 RESOLUTION NO. 45-04 A RESOLUTION TO APPROVE AN AGREEMENT WITH LEGACY PROJECT, LLC FOR INTERCEPTOR SEWER REALIGNMENT FOR SPRINGWOODS SUBDIVISION WHEREAS, a new interceptor sewer needs to be constructed within the Springwoods Subdivision at a different location than originally planned because of Legacy Project, LLC's request. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section : That the City Council of the City of Fayetteville, Arkansas hereby approves the Interceptor Sewer Realignment for Springwood Subdivision agreement as attached as Exhibit A in which the City agrees to relocate the original site of the interceptor sewer in consideration of Legacy Project LLC's agreement to pay the City's relocation expenses up to the maximum projected cost of S 150,000.00. PASSED and APPROVED this the 60 day of April, 2004. SONDRA SMITH, By: APPROVED: V UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: -`7 - zoos UTILITY COMPANY: G, ty o7 E7yC i re Y /1 , Ualer t'5r°wee S,Jper l h * e tnd eh j REQUESTED VACATION (applicant must check all that apply): L9' Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address: Located North of Moore Lane, East of Deane Solomon Rd, West within the Sorinewoods PZD 03-08.00 and adioinine parcel to the West. Favetteville. Arkansa iz>r FZ>1L VSTy (5 (See attached legal description and graphic representation of what is being vacated) UTILITY COMPANY COMMENTS: X_ No objections to the vacation(s) described above. ❑ No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) (i •� ••WRIMMM701offi N L ♦ r INMI-Aw r Representative LA -M n -r— S Title .su2m s r » m 4864252500, :d7e ,: rz \ / � !! ! � \ \ / i � \ ( { !( ® {\ { \ ! • / E° / � ' ! (/ I ` u } ( # $ _ , | (} ! 2 - � @; & j [ } \\ } §! / \ (/ \( § APR -15-2005 mw6AM TEL) c)C& E CRCzCMC mGE:003 �• ,._ tc. � �s rA �pa as 0 r — UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY AND UTILITY EASEMENT VACATIONS DATE: 4/18/05 UTILITY COMPANY: Southwestern Bell Telephone L.P. (dba SBC Arkansas) REQUESTED VACATION: (applicant must check all that apply): ✓ Utility Easement Street and all the utility easements located within the vacated street Right -of -Way for alley or streets and all utility easements located within the vacated right- of-way. Alley Street right-of-way I have been notified of the petition to vacate the following Utility Easement described as follows: General location/Address: Located north of Moore Lane, east of Deane Solomon Road, west of Hwy. 112, with the Springwoods PZD 03-08.00 and adjoining to the west, Fayetteville, Arkansas. UTILITY COMPANY COMMENTS: No objections to the vacation described above. Signature of this form does not constitute a release of easement. The attached concurrence must be recorded at the Benton County courthouse in order for this release to be complete and legal. Signature of SBC Company Representative: Ly a E. Sommerfeldt Palm r, Mgr.-Engr. (ROW) 1111 West Capitol, Room 941 Little Rock, AR 72201 (501)373-5255 - ---------r- rVire �VJ CONCURRENCE TO RELEASE A DEDICATED UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS that Southwestern Bell Telephone LP, a Texas limited partnership, d.b.a. SBC Arkansas, hereby concurs in the vacation of a fifty foot (501 multi -use easement, to -wit: Located in a part of the N 1h of Section 33, Township 17 North, Range 30 West, in Fayetteville, Washington County, Arkansas, more precisely described as follows: Starting at the NW 1/40f the NW 1/4 of Section 33; thence South 02°2826W, 508.24 feet to the TRUE POINT OF BEGINNING; thence South 87°5420"E, 2884.98 feet; thence South 02°2735" W, 50.00 feet; thence North 87°5420" West, 2885.00 feet; thence North 02°2826"E, 50.00 feet to the TRUE POINT OF BEGINNING containing 3.311 acres, more or less and being subject to only right-of-way and easements of record. Also, a one hundred foot (1001 temporary construction easement located in a part of the N'/2 of Section 33, Township 17 North, Range 30 West in Fayetteville, Washington County, Arkansas T -16-N, R -30-W, Washington County, Arkansas, being more particularly described as follows: Starting at the NW corner of the NW '/4 of the NW '/4 of Section 33; thence South 02°2826'W, 558.24 feet to the TRUE POINT OF BEGINNING; thence South 87°5420"E, 2885.00 feet, thence South 02°2733"W, 100.00 feet; thence North 87°5420"W, 2885.02 feet; thence North 02°28'26"E, 100.00 feet to the TRUE POINT OF BEGINNING containing 6.623 acres, more or less and being subject to any rights -of -way and "reasements of record. Signed and executed this 112 day of April, 2005. Doc ID: 008439920001 Tvpe: REL Recorded: 95/03/2005 at 02:05:58 PM Fee Amt: $8.00 Pace 1 of 1 Mashlnoton Countv. AR Bette Stamps Circuit Clerk FIIe2005-00018800 p:.+s CORPORATE ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this the 19ikday of April, 2005, before me, the undersigned authority, duly commissioned and qualified in and for the state and county set forth above, personally came and appeared F. Jean Davis, who, after being duly swom, declared that he is the Director-Engineering/Construction for Southwestern Bell Telephone LP, a Texas limited partnership, d.b.a. SBC Arkansas, and that he executed the foregoing instrument as the act and deed of said company of his own free will and for the purposes and considerations thereM,expressed and with due authority. whereof I hereunto set my hand and official seal. -ed by SBCi 7.941 Ly da E. Sommerfeldt Pal er (501-373-5255) Notary Public in and for Faulkner Co. My commission expires 8/11/2011 J :4 I ►l [ti►ivioisi m err m- a a� U iSf n pb F • City of Fayetteville • Staff Review Form City Council Agenda Items or Contracts 19-JUI-05 City Council Meeting Date Jeremy Pate ` Planning Operations Submitted By Division Department Action Required: VAC 05-1522: (springwoods, 247): Submitted by Patrick Hargus, for property located at Springwoods Planned Zoning District, at the intersection of Hwy 112 and Trucker's Drive. The property is zoned C-PZD, Commercial Planned Zoning District and contains approximately 90.93 acres. The request is to vacate a utility easement crossing the subject property. - Cost of this request n/a Account Number n/a Project Number Budgeted Item Category/Project Budget n/a Funds Used to Date n/a $ Remaining Balance Budget Adjustment Attached Program Category / Project Name n/a Program / Project Category Name n/a Fund Name Previous Ordinance or Resolution # n/a Department ()irector Date Original Contract Date: n/a Original Contract Number: n/a City Attorney 1 Received in City Clerk's Office E EKED Finance and Internal Service Director Date Mayor Date Received in Mayor's Office ENTERE1 i•1• S pr t K)woT-Xd ORDINANCE NO, AN ORDINANCE APPROVING VAC 05-1522 SUBMITTED BY PATRICK HARGUS FOR PROPERTY LOCATED AT HWY 112 AND TRUCKERS DRIVE (THE SPRINGWOODS PLANNED ZONING DISTRICT) VACATING A UTILITY EASEMENT AS INDICATED ON THE ATTACHED MAP AND LEGAL DESCRIPTION. WHEREAS, the City Council has the authority under A.C.A. §1 4'54-104 to vacate public grounds or portions thereof which are not required for corporate purposes, and WHEREAS, the City Council has determined thatF,tlie following described portion of 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; See Exhibit "A" attached he`r&oo•and'made a part hereo Section 2. That a copy of this Ordinance,,duly ce tifie&by the City Clerk along with the map attached hereto and*labeled Exhibit/B" shall be filed in the office of .the'Recoide of the County and recorded in the Deed Records of the County. Section 3. That this Vacation approval is.subject to the conditions of approval listed in the staff-' port -and P,lanning'Commission recommendations for the City of 4. That this Vacation approval is subject to the acceptance and recordation of the alternate easement along the north property line. this day of 12005. APPROVED: M Dan Coody, Mayor ATTEST: By Sondra Smith, City Clerk EXHIBIT "A" VAC 05-1522 SURVEY DESCRIPTION 50' PERMANENT MULTI -USE EASEMENT LOCATED IN A PART OF THE N %2 OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNERAF THE NW %4 OF THE NW '/4 SECTION 33; THENCE SOUTH 02 DEGREES 28 MINUTES'26 SECONDS WEST, 508.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 54 MINUTES 20 SECONDS EAST, 2885.00 FEET; THENCE `SOUTH 02 DEGREES 27 MINUTES 35 SECONDS WEST, 50.00 FEET TO THEE TRUE POINT OF BEGINNING CONTAINING 3.311 ACRES MORE OR LESS/,AND BEING `SUBJECT OT ANY RIGHTS -OF -WAY AND EASEMENTS OF RECORD.', LOCATED IN A PART OF THE N %2 OF SECTION 33 WEST IN FAYETTEVILLE, WASHINGTON COUNT DESCRIBED AS FOLLOWS: STARTINGAT THE NW '/4 OF SECTION 33; THENCE SOUTH 02 DEGREES 28 MINUTES`26. SEC, THENCE SOUTH 87 DEGREES 54 MINUTES 20 SEC, TO THE TRUE POINT OF.BEGINNING; 'y,U THENCE SOUTH 87 DEGREES 54 MINUTESt20 SECONDS EAST 1205.55 FEET; THENCE SOUTH 02`DEGREESv19, MINUTES 50 SECONDS WEST, 50.00 FEET; THENCE NORTHf87'DEGREES,54 MINUTES 20 SECONDS WEST, 1205.66 FEET; THENCE NORTH 02 DEGREES.27, MINUTES 35'SECONDS EAST, 50.00 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 1.384 ACRES MORE OR LESS AND BEING SUBJECT TO ANY RIGHTS -OF -WAY AND EASEMENTS OF RECORD. HIP 17 NORTH, RANGE 30 NSAS, MORE PRECISELY OF THE NW/4OF THE NW 508.24 FEET; 2884.98 FEET LOCATED IN�A`PART OF THEN 1/2 OF SECTION 33, TOWNSHIP 17 NORTH , RANGE 30 WEST IN FAYETT.EVILLE,, WASHINTON COUNTRY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW '/4 OF THE NW '/4 OF SECTION 33 THENCE SOUTH 02 DEGREES 28 MINUTES 26 SECONDS WEST, 558.24 FEET TO THE'TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 54 MINUTES 20 SECONDS EAST, 2885.00 FEET; THENCE SOUTH 02 DEGREES 27 MINUTES 35 SECONDS WEST, 100.00 FEET; THENCE NORTH 87 DEGREES 54 MINUTES 20 SECONDS WEST, 2885.00 FEET; THENCE NORTH 02 DEGREES 28 MINUTES 26 SECONDS EAST, 100.00 TO THE TRUE POINT OF BEGINNING CONTAINING 6.623 ACRES MORE OR LESS AND BEING SUBJECT TO ANY RIGHTS -OF -WAY AND EASEMENTS OF RECORD. SURVEY DESCRIPTION 100' TEMPORARY CONSTRUCTION EASEMENT (DAUGHERTY) LOCATED IN A PART OF THE N % OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW '/4 OF THE NW %4 OF SECTION 33; THENCE SOUTH 02 DEGREES 28 MINUTES 26 SECONDS WEST, THENCE SOUTH 87 DEGREES 54 MINUTES 20 SECONDS TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 54 MINUTES 20 SECONDS THENCE SOUTH 02 DEGREES 19 MINUTES 50 SECONDS THENCE NORTH 87 DEGREES 54 MINUTES 20 SECONDS THENCE NORTH 02 DEGREES 27 MINUTES 35 SECON TO THE TRUE POINT OF BEGINNING CONTAINING 2. BEING SUBJECT TO ANY RIGHTS -OF -WAY AND EAS 558.24 FEET; !885.00 FEET AST 1205.66 FEET; WEST; 100.00 FEET; WEST,QI205.89 FEET; EAST, 100:00 FEET ACRES MOR.&OR LESS AND NTS OF RECORD. /� From: Clarice Pearman To: Pate, Jeremy Date: 8/8/05 12:38PM Subject: O rd s. 4732-4740 Jeremy, Attached are copies of the ordinances passed by City Council August 2, 2005 as mentioned above. CC: Goddard, John; Jorgensen, Todd; Randall, Clyde "Nor&ure4tArkAsu"'Most Wider Read Newspaper" AFFIDAVIT OF PUBLICATION I, Erin Emis. do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and rreference to the files of said publication, that advertisement of: arll2g' '1/ j �U was inserted in the regular editions on 1 k1-Os� PO#. ** Publication Charge: $ l l l Subscribed and swom to before me this day of , 2005. Notary Public � Sharlene D. Williams Notary Public State of Arkansas My Commission Expires: My Commission Expires October 18, 2014 " Please do not pay from Affidavit. An invoice will be sent. REOFIVED AAA 2805 cl�`fQF r, r cTTEVILLE crii`E,L WYC G3FFIGE P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571-6470 ORDINANCE NO. 4740 *4*tTED By PATRICK APPROVING VAPR PE1 -1 22 SL T- �mle TED BV PATRICK PPIR FOR PROPERTY UBMIT. TED AT HWY 112 AND TRUCKERS DINE (THE YSPRINGWOODS =PLANNED ZONING DISTRICT) VACATING A UTILRV EA8EME.1NDICATEDON AR. THE ATTACHED MAP AND LEC;AL DESCf31PTION WHEREAS, the Gty Coach has the auth0rM, wider A.C.A. §14-54-104 to vi cete public grounds or portions thereof vrtiich are not required for corporate purposes, end WNEREAE, the CLy Council has determined that the fdowirtg described portion of Fished wiry ease- ment is rot required for corporate purposes. NOW9 THEREFOMs EE R ORDAINED BY THE CRY COUNCIL OF THE CRY OF FAYST- TEMLLE, ARKANSAS: Section 1. That the City of Fayettedle, Arkansas hereby vacates sed abandons the IdloWng described unity easement: See E#JbR "A" attached hereto end nestle a part hereof. Section 2. That a copy of this Ordinance duly certified oy the Ciry Clerk abng with the map attached ` hereto end Labeled Exhidt'B' shall be filed In Me office of the Recorder of the County end recorded In the Dead Records of the County_ Sector 3. That this Vacation approval is SAW to Me conditions of sppovd listed M the staff report and Planning Commission recommendation. PASSED and APPROVED 2nd day of August, 2005. APPROVED: By: - DAN GOODY, Mgor ATTEST. 1 BY: SONDRA SMRH,CHy CM EXHIBIT"A" e VAC 05-1522 SURVEY DESCRIPTION 50' PERMANENT MULTI -USE EASEMENT LOCATED IN A PART OF THE N 1/2 OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTIVV ILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW 1/4 OF THE NW 1/4 SECTION 33; THENCE SOUTH 02 DEGREES 20 MINUTES 26 SECONDS WEST, 508.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 54 MINUTES 20 SECONDS EAST, 2885.70 FEET,THENCE SOUTH 02 DEGREES 27 MINUTES 35 SECONDS WEST, Saw FEET TO THE TRUE POINT OF BEGINNING CON- TAINING 3.311 ACRES MORE OR LESS AND BEING SUBJECT OT ANY RIGHTS -OF -WAY AND EASE- MENTS OF RECORD. SURVEY DESCRIPTION 100' TEMPORARY CONSTRUCTION EASEMENT LOCATED IN A PART OF THE N 1/2 OF SECTION 33, TOWNSHIP 17 NORTH . RANGE 30 WEST IN FAYETTEVILLE, WASHINTON COUNTRY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW _ OF THE NW _ OF SECTION 33; THENCE SOUTH 02 DEGREES 28 MINUTES 26 SECONDS WEST, 558.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 54 MINUTES 20 SECONDS EAST, HE TRUE FEET; THENCE SOUTH G; DEGREES 27 MINUTES 35 SECONDS WEST, 100.00 FEET, THENCE NORTH 8] DEGREES MIN - 02 UTES 20 SECONDS WEST, POINT 0 FEET; THENCE NORTH 02 DEGREES 28 MINUTES 26 SECONDS EAST, 100 SUBJECT TO THE TRUE POINT OF BEGINNING CONTAINING 6.623 ACRES MORE OR LESS AND BEING SUBJECT TO ANY RIGHTS GINNING AND EMENTS OF RECORD.