HomeMy WebLinkAboutOrdinance 4762 EXHIBIT "A"
VAC 05-1651
THE SOUTH 5.00' OF THE EXISTING 25.00' UTILITY EASEMENT ALONG THE
NORTHSIDE OF LOT 69, PINE VALLEY SUBDIVISION PHASE IV, TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION IN THE OFFICE OF
THE CIRCUIT CLERK AND EX-OFFICIO RECORDER, WASHINGTON COUNTY,
ARKANSAS.
EXHIBIT " B "
MA � GOLD DRvl�
I
ELEV. 1229. 30'
S 897744" W 54. 21RAW
O� .: � MMM W vrvirc vsuoa *-euw.,r
\`o AREA TO BE
ac h VACATED •
1 I
\
+\ \
\+ \ h LOT 69
\ 39' SYCAMORE \ a z
+ TREk m o
\ °°
•+ Rte ' \
\+ �o \
\ oo \
.O
\
ELEV. 1213.04' r\
r
0 20' 40' 60'
GRAPHIC SCALE 1 inch ' = 20 ft.
Washington County, AR
I certify this instrument was filed on
11 /10/2005 01 :04:59 PM
and recorded in Real Estate
File Number 2005-00050773
Bette Stamps - Circuit Clerk
by
City of Fayetteville DSD
Staff Review Form
City Council Agenda Items
or
Contracts
20-Sep-05
City Council Meeting Date
Jeremy Patei Planning Operations
Submitted By Division Department
✓ Action Required:
VAC 05- 1651 : (Petrino/Prince, 362/363): Submitted by Ed Prince, for property located at 3041 and 3043 Marigold Drive, Lot
69 of Pine Valley Phase IV. The property is zoned RMF-24, Residential Multi Family, 24 units per acre. The request is to
vacate a portion of a utility easement crossing the subject property.
$363.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project CategoryName
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Department irec or Date Original Contract Date: n/a
Original Contract Number: n/a
City
Received in City Clerk's Office
F' anc and Internal Service Director Date
Received in Mayor's OfficeEflTEAED
Mayor , ate
Comments:
City Council Meeting of September 20, 2005
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To : Mayor and City Council
Thru : Gary Dumas, Director of Operationd!:
From : Jeremy C. Pate, Director of Current Planning
Date: August 30, 2005
Subject: Easement Vacation for Petrino/Prince (VAC 05- 1651 )
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating the southern 5-feet of a
25-foot utility easement along the northwest portion of the subject property, as depicted
herein.
BACKGROUND
The subject property is Lot 69 of Pine Valley Phase IV. The lot was platted with a 25 '
building setback and general utility easement for use along Marigold Dr. There were no
objections from the utility representatives. The water main is located within the right-of-
way and the sewer is located to the west of the lot.
The building permit for this property was approved with the home located outside of all
required building setbacks. A survey of the property conducted after construction of the
home found that a wall that was constructed on the west side of the walkway protruded
into the 25' utility easement and front setback (see attached photo). The wall was
constructed along the walkway because of a significant drop in elevation along the west
side of the structure. The applicant plans to apply for a variance for the encroachment
into the front setback, if the utility easement vacation is approved.
The applicant requests to vacate the southern 5-feet of the existing easement.
DISCUSSION
Notification was provided to all appropriate utility representatives and adjoining property
owners. No objections were submitted. This item was heard at the regular Planning
Commission on August 22, 2005 . The Planning Commission voted 6-0-0 to recommend
this rezoning request to the City Council.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 05- 1651 SUBMITTED BY
ED PRINCE FOR PROPERTY LOCATED AT 3041 AND 3043
MARIGOLD DRIVE, VACATING A PORTION OF 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 THEjCITY, COUNCIOF\ 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 parthereof.
Section 2. That a copy of this Ordinance duly certified by-the City Clerk along with the
map attached hereto aridk,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'Js,,subject to the condition of approval that
furth r,development of this property shall not encroach within any existing
easement or setbacks.`-j
PASSED AND-APPROVED this day of 52005 .
V � APPROVED:
/ By
Dan Coody, Mayor
v
ATTEST:
By
Sondra Smith, City Clerk
• i
EXHIBIT "A"
VAC 05-1651
THE SOUTH 5 .00' OF THE EXISTING 25 .00' UTILITY EASEMENT ALONG THE
NORTHSIDE OF LOT 69, PINE VALLEY SUBDIVISION PHASE IV, TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION IN THE OFFICE OF
THE CIRCUIT CLERK AND EX-OFFICIO RECORDER, WASHINGTON COUNTY,
ARKANSAS.
�F
EXHIBIT " B" •
MAIIGOLD DRIVE
ELEV. 1229. 30'
S 89441144" W 54. 21 ' RAW
��O AREA TO BE g�
VACATED :
1
�\
+ \4j.
\
\ \
OR: +\+ \ \
(e,� LOT 69
:RIPTION: \+\ \ \ \
'INE VALLEY \
1YETTEVILLE, +\+ \ y,9' SYCAMORE Z
COUNTY, \+\ TRE o
+ \ 00
THIS EASEMENT \+\ \ • \ a.
REDUCE THE FRONT
T AND BUILDING SET BACK
\+\ S
Y THIS TO BE TRUE AND CORRECT
KNOWLEDGE +
AND BELIEF \ r9 \
DAY OF / � T 2005 . +\+ FSO \ .
00
i S TER + Hey \
STATE OF••; \+ \
ARKANSAS \
NO. 1532
.. \+
SMNATURE \
D.
L L AN +
11+ unm" "ItELEV. 1213. 04' \+\
RE ON THIS SEAL IS NOT AN ORIGINAL +\
IN COLOR THEN IT SHOULD BE +
THIS PLAT MAY HAVE BEEN ALTERED.
:TIFICATION SHALL NOT APPLY TO ANY
:S NOT BEAR AN ORIGINAL SEAL AND 0' 20' 40' 60'
GRAPHIC SCALE 1 inch = 20 ft.
' � .c' 'wr.z..ablo�t ' .. . �' •wrrls.rgT.;.x.: �
Te
Pr
Id
\
\ \ AELI \l
� I
\ � 1
\
51TFL PLAN < lot 69 ) ills 20 ' -0l
,
� K
IN .
IN
f
INNO
IN
=. .;tl' _ y. it .. .r. £ i -ice ,• J
✓ t 5 ""a'Ls + wf Lrt " SNA - 4';x twJ
y cc w( 'fe :tom
x ., ac,y. ks4 s.., t'v. Jxp x� '°y ♦ ,� "sq r 'Si•t -\ 5 '
Q 6 � MIl
} �• q
h4 y c s x'A5 y �� 4 rb ' \tom - "A 'L� •it r-F w E fit:
u' S. t ,�;�*�y, x xt' '�"� 'S '� ,s�, _ " a,r- cz „ v* �-•yip ;}hy ,u
.stt
Y'ft T a a t's .•'I ";aax , P,n. 11 «. .�yq f I §•e.�t' { V,x �'+ ti+N,t• +1"r � e"'• . � .1,, r �.:i .�•
�6@y . v f` x � y -� t i 4.0 1 : s." .t r, vet 9•F•y�Fy t r 4 ���'.y �.e� Y' y«; '���ia3+ a } � :
i
aye evl le PC Meeting of August 22 , 2005
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 : Jesse Fulcher, Current Planner
Brent O' Neal, Staff Engineer
TI-IRU : Jeremy Pate, Director of Current Planning
DATE : August 15, 2005
(VAC 05- 1651 : Vacation (Petri no/Pri nce, pp 362/363) Submitted by ED PRINCE for
property located at 3041 & 3043 MARIGOLD DRIVE. The property is zoned RMF-24,
MULTI FAMILY - 24 UNITS/ACRE. The request is to vacate a portion of a utility
easement on the subject property.
Findings: Vacating the portions of easement would not adversely affect access to the
utilities serving the property or any other adjacent property.
Background: The subject property is Lot 69 of Pine Valley Phase IV. The lot was
platted with a 25' building setback and utility easement. The easement is for general
utility use along Marigold Drive. Utility representatives have no objections to the
requested vacation. The water main is located within the right-of-way and the sewer is
located to the west of the lot.
The building permit for this property was approved with the home located outside of all
required building setbacks. A survey of the property was conducted after construction of
the home and the owner found that a wall that was constructed on the west side of the
walkway protruded into the 25 ' utility easement and front setback. The wall was
constructed along the walkway because of a significant drop in elevation along the west
side of the structure. The applicant is planning on applying for a variance for the
encroachment into the front setback, if the utility easement vacation is approved.
Request The request is to vacate the southern 5 'of the existing easement.
The applicant has submitted the required notification forms to the utility companies and
to the City. The results are as follows:
UTILITIES RESPONSE
Ozarks Electric No Objections.
Cox Communications No comments.
K:\Rc?ons\2005\PC Repons\08-22-05wac 05-1651 (Perrino Prince).DOC
AEP/SWEPCO No Objections.
SW Bell No Objections.
Arkansas Western Gas 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 recommends approval of the proposed utility easement
vacation 05-1651 with the following condition:
1 . Further development of this property shall not encroach within any
existing easements or setbacks.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date:
August 22, 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
KARepons\2005\PC Reports\08-22-05\Vac 05-1651 (Pelrino Prince).DOC
•)
CITY COUNCIL ACTION: yes Required
Approved Denied
Date:
161.13 District Rmf-24, Residential Multi -Family — Twenty -Four Units Per Acre
(A)Purpose. The RMF-24 Multi -family Residential District is designed to permit and
encourage the developing of a variety of dwelling types in suitable environments in a
variety of densities.
(B) Uses.
(I) Permitted uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three-family dwellings
Unit 26 Multi-famil dwellings
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 11 Manufactured home park
Unit 25 Professional offices
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
Units per acre I 4 to 24
(D) Bulk and area regulations.
(I) Lot width minimum.
Manufactured home park 100 ft.
Lot within a Manufactured 50 ft.
home ark
Single-family 60 ft.
Two-family 60 ft.
Three or more 90 ft.
Professional offices 100 ft.
(2) Lot area minimum.
Manufactured home park 3 acres
K:\Repons\2005\PC Report\08-22-05\Vac 05-1651 (Perrino Prince). DOC
•) •)
•
Lot within a mobile home 4,200 sq. ft.
park
Townhouses:
•Development 10,000 sq. ft. _
•Individual lot 2,500 sq. ft.
Single-family 6,000 sq. fl.
Two-family 7,000 sq. ft.
Three or more 9,000 sq. fl.
Fraternity or Sorority 2 acres
Professional offices 1 acres
(3) Land area per dwelling unit.
Manufactured home 3,000 sq. ft.
Apartments:
•No bedroom 1,700 sq. ft.
•One bedroom 1,700 sq. ft.
•Two bedroom 2,000 sq. ft.
Fraternity or Sorority 1,000 sq. ft. per resident
(E) Setback requirements.
Front Side Rear
25 ft. 8 ft. 25 ft.
Cross reference(s)--Variance, Ch. 156.
(F) Height regulations. Any building which exceeds the height of 20 feet shall be set
back from any side boundary line an additional distance of one foot for each foot of
height in excess of 20 feet.
(G) Building area. None.
(Code 1965, App, A., Art. 5(111); Ord. No, 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2 (Fx. A), 6-
16-98; Ord. No. 4178, 8-31-99)
K:\Reports\2005\PC Reports\08-22-05\Vac 05-1651 (Petrino Prince).DOC
PETITION TO VACATE UTILITY EASEMENT
PETITION TO VACATE AN EASMENT LOCATED IN LOT -69, PINE VALLEY
SUBDIVISION PHASE IV, 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 Lot 69, Pine Valley Subdivision
Phase IV, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an
easement which is described as follows:
THE SOUTH 5' OF THE EXISTING 25' UTILITY EASEMENT ALONG THE
NORTH SIDE OF LOT 69 PINE VALLEY SUBDIVISION PHASE IV, TO THE CITY
OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION IN THE
OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER,
WASHINGTON COUNTY, ARKANSAS.
That the abutting real estate affected by said abandonment is: Lot 69 Pine Valley
Subdivision in the City of Fayetteville, Arkansas; 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.
•'
• '!
ersigned petitioners respectfully pray that the governing body of
Arkansas, abandon and vacate the above described real estate
and that the title to said real estate sought to abandoned to 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 utility easement.
-A
Dated this a51Oof 2005
h/Q
Printed nee „^
Printed name
LI.
APPLICATION F. CERTIFICATE OF ZONINGJMPLIANCE
Plat PagW.
ITaosen AP#:•'
The applicant must provide a site plan, drawn. to scale, showing setbacks and measurements from overhangs
on all proposed structures, existing structures, utilityeasements, off-street parking, driveways, landscaping and
other proposed permanent improvements like pools, hot tubs, heating or a.c. units, decks, carports, etc. The
distance from any proposed structure to property lines must be clearly indicated. Floor plans maybe required
for certain uses to verify zoning compliance.
AT/ITrt > __. •.
SECTION (A) ZONING REQUIREMENTS
•PROPERTY ZONED:_ SITE ADD `I — off' `\
•PROPERTY OWNER:
•PROPERTY OWNER'S
'�plf STATE• ZIP:_ C:.a-/'
•NUMBER OF DWELLING UNITS: • IS TIUS PROPERTY SUBJECT TO RESTRICTIVE COVENANTS? YES NO
'IF YES, HAS THE APPROPRIATE REVIEW BOARD APPROVED THIS PROJECT? YES
'NOTE: THE CITY DOES NOT ENFORCE RESTRICTIVE COVENANTS THIS MFORMATTONLS FOR NOTIFICATION PURPOSES ONLY.
THOSE5Q7APPLrING FOR A BUILDING PERMIT, PLEASE CONTINUE TO SECTION(L) OTBERWISE COMPLETE EN77REAPPLICA 77ON
SECTION (B) BUILDING SETBACKS: 6i
_ 1 ) •SETBACKS: FOR OFFICIAL USE ONLY:
•SCALE USED FOR SITE PLAN:
'' PROPOSED: MINIMUM: COMMENT:•PROPOSED BUDDING HEIGHT: X, 4 NORTH N^ r
•ARE RE OTHER STRUCTURES EXISTING ON THE LOT? SOUTH:- '5 9S (/ Etk
T .
NO If yes, please describe:
EAST: '�c�
WEST:,. Cam- )
SECTION (C) NON-RESIDENTIAL REOUIREMENTS
•BUSINESS
BUSINESS
•NAME ON
•HOME ADDRESS:
CITY: STATE:_ T.IP:
• INTENDED USE OF STRUCTURE:
PREVIOUS USE OF STRUCTURE:
• IS THE STRUCTURE VACANT? YES NO If yes, how long has the structure been vacant?
• IS THE BUSINESS A HOME OCCUPATION? YES NO If yes, provide: permit ID
PC approval
•DOES THE USE REQUIRE AN AIR PERMIT FROM THE ARKANSAS DEPARTMENT OF ENVIRONMENT QUALITY? YES No
Ifyes, please provide a copy of the permit
•DOES THE USE PRODUCE AN ODOR? YES NO If yes, please describe the odor.
•NUMBER OF EMPLOYEES:
'OUTDOOR STORAGE OF MATERIAL AND/OR EQUIPMENT? YES NO If yes, please describe:
'SQ. IT. OF TOTAL BUILDING.: SQ. Ff. OF YOUR BUSINESS;
SQ. it OF EXPANSION:
S .
VAC05-1650 PETRINO/PRINCE
N O/P RI N C E
One Mile View
RSFJ I a P Af '�' \� �'J$�
.i� ^ w f 1�.a
RSF-1
RSFJ \ O l
�;.¢Jd RSFA m ,. v RMFS ¢ w
.`•., ow 4—�1____p \ L0RIO —
0
y�> RSFJ P-1 R_t RA62d G3 Kt O R -A.1
_ 3
zI a�,r j A RSFJ - z \L
`. _< _. 9w P-1 1 RA Is
QI _ QUAIL Dq ) EMIL q n N PP �r KNAPPTT
SF -1L C glr RSFJ RA I¢ t F$
R.A R.A G2
r to J SUBJECT PROPERTY R24 P O E
MT O IA a RA n- OP RA `I Fi 4s m
MFORT , ROUNT COMFORT RO 1 M 1 �> CRSFJ C-1 +,
`\\ E P.1 ul n� l O
SFJ E
RA � \.� - I RSFJ RSFJ
�A w
ns � 3 RAT -N - F
j / it RSFi RM1£`-29 ,. T
0�A �i A - .� (RK.2d�41 R' a
SF -4 RSF-1 \ <. - N ' RT-12 \ -RT-12 \ . ,RAi A• ^C
RSFJ 1P - _ iRpF-2d d W <
RT-12 RT-12 ( - 2 R -A HECK
RSFJ -l2 I RT-12 RT-12 \ �\ / �� T
RMF.2C RSF RT-12 1 RT-12 •� J2d?l RMF-24 �j ID R2• 51
F l RT-12 1 \ ' .RSFJ L.IS RSFJ
Ri-12 R -A, - - RFF-N 13 .RT.121 I •RA' RA 2 12' r RMF:24 RMF-2d RSFJ RW40. W,
T-12 RSF. •RE -24 R -2A 1 ' RT-12' i RA ) RT-12 J REfJO W'
T-tt ' IRT-12 .( ,RA P. RSFJ
'RA6-2d 1 RSFJ / �0R RMF• I I P4
FIT - I RT-12 �. 1 RSFJ' RSFJ •
- i
RW-24 RT-12 RT-12 R7.2d. ti P.1 ¢I
c L
R 2d , : RSFJ I, Rh
RMF-2d .� .� 2 �. R J �Ir
O a- o y HOLLY Si RSFJ 01•- RSFJ
RA C-2 C-2 R-0 O I G2 o' ( SZ' I -9 1 Z - �a -J 'R-0
R-0 - m `�O RMP-N :RMF 2 RSFJ L -
C-' c -t R-0 Cl Gt Q G2 I N LEiY [ j10.SfJ
RA Gt C.1 G1 W G1I Gl 7I,I RSF 2;M-fA--I 0.5FJ I RSFJ
R-0 G1 G2 EDIN C 1 R -O v IRSFJ I s
-R1-12 CI a R-0 R-0 o O ,i a!,?yy9� >1 j P�
T.f2 RA RM£-h t f_:/cC It J i RW4 Q
RA Y" N r w
I
SF+1 RMF-2 RAE -2d S a C2 ^ 2WI 1 T RSFJ RSFJ _
VVII
RSFJ. RKF-2d RA - 4 •� n ` aE0.gY ST
RPER RNTQd RSFJ•' Q C V LAN
ax«.. RMF 2 >
J "5i..'>` ' •� n Js -_I Rte( RSFJ IRSF
Overview Legend Boundary
-,-----p Subject Property
_., uPlanning Area
VAC05-1650 A0009)
Overlay District
OGJJOO
Outside City
Legend
00.12525 0.5 0.75 1
Miles
From: Clarice Pearman
To: Pate, Jeremy
Date: 9/26/05 11:49AM
Subject: VAC 05-1651
This item was passed on September 20, 2005 by City Council. In the ordinance it states and EX. A and B.
I do not have an Ex. B. Please see that I get an Ex. B to attach to the ordinance.
Thanks.
Clarice
IF
EXHIBIT "B..5 �-_
VAC.05-1651 Petrino/Prince
Page5 of 16
MARIGOLD DRIVE
ELEV. 1229.30'
S 89'41'44" W 54.21' RAW
AREA TO BE
`+ \' ( LOT 69
.,RIPTION. +\ \
'INE VALLEY \
1YETTEVILLE,i.s' SYCAMORE
COUNTY, \ TRt
.± .. Ii
THIS EASEMENT \ \ \ �r
REDUCE THE FRONT
T AND BUILDING SET BACK \ SR \ \�
• \SR \
N.
Y THIS TO BE TRUE AND CORRECT +
=JAY KNOWLEDGE AND BELIEF
\ • \
DAY OF /`� . 2005. \ I
+\ QQ A
%kSTE4 `
STATE OFD:,
ARKANSAS
NO. 1532 jai a�
sa:e►lwnme
L L
Ilurrnnr"`
RE ON THIS SEAL IS NOT AN ORIGINAL
IN COLOR THEN IT SHOULD BE
THIS PLAT MAY HAVE BEEN ALTERED.
:TIFICATION SHALL NOT APPLY TO ANY
:S NOT BEAR AN ORIGINAL SEAL AND
ELEV. 1213.04
:,
0
0
Oo
0
rn
91
N
\
0' 20' 40' 60'
GRAPHIC SCALE 1 inch • = 20 ft.
C.7.
....> VAC 05-16 1 Petrino/Prince
Page6o o1 16
511E PLAN ( I ob 69) 111 s Zo'-al
From: Clarice Pearman
To: Pate, Jeremy
Date: 9/28/05 4:24PM
Subject: Ords. 4762, 4763 & 4766
Jeremy attached are the above reference ordinances passed by City Council September 20, 2005. Sorry
it has taken so long. I was out of the office until Friday for clerk's conference and then I have to wait on
ordinances and resolutions from the city attorney's office on Friday. Imagine that.
Thanks for your patience.
CC: GIS
NORTHWEST ARKANSAS EDITION
"Northwest Arkansas' Most Widely Read Hater per"
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 reference to the files of said publication, that advertisement of:
iqag was inserted in the regular editions on
PO#
** Publication Charge: $ ///- £d
Subscribed and sworn to before me this
day of , 2005.
J&/4EL!I Notary Public Sharlene D. Williams
Notary Public
My Commission Expires: State of Arkansas'
My Commission txpifl
October 18, 2014
** Please do not pay from Affidavit.
An invoice will be sent.
ORDINANCE NO. 4702
NANCE APPROVING VAC 05-1651 SUBMIT -
ED PRINCE FOR Pf nOCPTv ,
-•�..i.. vnivc, NDI1 •aym VII
Iry FASEMFM AS INDICATED
ING A j \a
TAP AND LEGAL DESCRIPTION
ARKANSAS
Card vas the a thodty under
vacate Public grands a pbdb,a tlNtsol which are not repukod for car
:caho9 has daehnbad that the fosbwyg deBated patbn of platted uUllty
r cotpaate paposee.
NGTIT, THEREFORE, DE R ORDAINED By THE CITY COUNCIL OF THE CRY OF
TEYRLE, -nw- -a
Section 1: That the City of Fayettec1Io Alkeneas hereby, vacates ape abandons the
U easernera: oaow g
See E,dtlbit •A• ettaNhao hereto and trade a pat hereof.
Batton 2: That a ropy of t t O,dianca thy certaed by the Cay dark alag wl8h the map
thereto aid labeled Fdtt •B• shad be Iliad h the ante of tfa ReocNer of tlq Canty and me
the Deed Records of the County.
Section 3: That Obis Vacation appoval Is at oct to the cons icn of
apgroj thb Property and not &a,wtthim a w edstkg eesernorrts a bet that tither d of
APPROVED this 20th day of September 2005.
ATTEST:
By.
SONDRA SMITNCity CN�it
EXHIBIT•A•
VAC 05-1051
OF THE DeSTNG 25.00URUTY EASEMENT
S118DM51CIN PFNSE N, TO THE CITY OF Fn
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVIIIE. ARKANSAS 72701 • 479-571-6470
tI
ORDINANCE NO. 4762
AN ORDINANCE APPROVING VAC 05-1651 SUBMITTED BY
ED PRINCE FOR PROPERTY LOCATED AT 3041 AND 3043
MARIGOLD DRIVE, VACATING A PORTION OF 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 condition of approval that
further development of this
property shall
not encroach
within any
existing easements or setbacks.
PASSED and APPROVED this 20th day of September, 2005.
ATTEST:
jS Y
;FAYETfEVILLE:
Clerk Doc ID: 009328850003 Tvoe: REL
Recorded: 11/10/2005 at 01:04:59 PM
Fee Amt: $14.00 Paae I of 3
Washinaton County. AR
Bette Stamps Circuit Clerk
F11e2005-00050773