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Home My WebLink AboutOrdinance 4899 Doc ID : 010254430003 TVDe : REL Recorded : 08/09/2006 at 01 : 59 : 22 PM Fee Amt : $14 . 00 Peas 1 of 3 r r Washlnoton Countv . AR Bette Stamps Circuit Clerk FLle2006-00032617 ' 3 ORDINANCE NO. 4899 AN ORDINANCE APPROVING VAC 06-2123 SUBMITTED BY JOHN LAUNDER FOR PROPERTY LOCATED AT 1025 COMPANY, VACATING 0.06 ACRE PORTION OF THE UTILITY EASEMENT LOCATED WITHIN THE SUBJECT PROPERTY 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 the 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 Council of 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 recommendations for the City of Fayetteville, and shall not be in effect until all conditions are met therein. ,r„rn nrbr ' PASSED and APPROVED this 18'hday of July, 2006. _\aQ;•GeS Y pF. Gp ; FAYETTEVILLE� APPROVED: ATTEST: Qmz6c�'�;• ,� %9J y:QKANcl TO By: B By. DA COODY, Mayor y SONDRA SMITH, City Clerk EXHIBIT "A" VAC 06-2123 DESCRIPTION OF PROPOSED EASEMENT VACATION: PART OF PARCEL 765-08587-000 A 20 FOOT WIDE UTILITY EASEMENT, BEING PART OF VACATED READ STREET IN THE MOUNTAIN VIEW ADDITION TO THE CITY OF FAYETTEVILLE, BEING A PART OF THE SWIA OF THE SETA OF SECTION 10, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF BLOCK 1 IN SAID MOUNTAIN VIEW ADDITION AS DESCRIBED IN A WARRANTY DEED RECORDED AS DOCUMENT NUMBER 2003 53813 ; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF COMPANY STREET N87°31 ' 15"W 16.94 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTH RIGHT-OF-WAY LINE S24052'39"E 66.86 FEET; THENCE S10035'17"E 10.04 FEET TO A FOUND IRON PIN; THENCE S16°30'58"E 46.31 FEET; THENCE S16°47'46"E 12.80 FEET; THENCE S13°11 '21 "E 14.61 FEET TO A FOUND IRON PIN; THENCE S25010' 13 "E 13.53 FEET TO A FOUND IRON PIN; THENCE N87032' 16"W 6. 86 FEET; THENCE N24°52'39"W 170. 11 FEET; THENCE S87°31 ' 15 "E 22.52 FEET TO THE POINT OF BEGINNING, CONTAINING 25577 SQUARE FEET MORE OR LESS. ow SA m4d , ., .170 • , k 6w fl PeowBa so A 00 ca MW CORNER BLOCK J JOHN, LAUNDER w l AEVOiALE TRUST U3 TO25 COMPANVI STe FAVETTEMLLE AN I 1: LOT 1Z b LEGEND: IN 3 1W b 6w I 1 _91 72,42, GRAPHIC r_'�'X11•. OMFT rat - . I REVOCABLE TRUST CRY CIF FAYETTEVFUE WASMNGTQN COUM STATE .. ARKANSAS A Washington County, AR I certify this instrument was filed on 08/09/2008 01 :59:22 PM and recorded in Real Estate File Number 2008.00032817 Bette Stamps . Circuit C by Q2D 7// s/d City of Fayetteville g899 Staff Review Form V/ U� 0?l8✓ City Council Agenda Items �� l or Gum Contracts 18-Jul-06 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 06-2123: (Launder, 447): Submitted by John Launder for property located at 1025 Company. The property is zoned RSF-4, Residential Single-Family, 4 units per acre. The request is to vacate a utility easement located within the subject property. NIA NIA NIA Cost of this request Category/Project Budget Program Category / Project Name N/A NIA N/A Account Number Funds Used to Date Program / Project Category Name N/A N/A N/A $ Project Number Remaining Balance Fund Name Budgeted Item O Budget Adjustment Attached _ ` Previous Ordinance or Resolution # n/a Department Dire for 1 lDattee 1� Original Contract Date: n/a Original Contract Number: n/a City At Received in City erk'sID ENTER �cu Finance and Internal Service Di[Actor Date /a & 7 Received in Mayor's Office 30 /j/ 6 Mayor bate Comments: City Council Meeting of July 18, 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: June 27, 2006 Subject: Easement Vacation for Launder (VAC 06-2123) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a 20' utility easement (approximately 0.06 acres) located at 1025 Company Street, as depicted herein. BACKGROUND The subject property is an existing 20-foot utility easement (0.06 acres) traversing north- south along the eastern property line of a single-family lot located at 1025 Company Street. This property is identified as Lot 13 in Mountain View Addition on Mount Sequoyah. This easement is not being used by any the utility providers. The requested easement vacation is due to a proposed addition to the existing house on the property, which will encroach into the existing easement. As a condition of approval, the property owners shall dedicate a new 10-foot sewer easement provided on the north property line of this lot, starting at the west end of Company Street right-of-way and running west to the western property line, as approved by the City Water/Wastewater Director. DISCUSSION Notification was provided to all appropriate utility representatives and adjoining property owners; there were no objections to this request. The Planning Commission voted 9-0-0 on its consent agenda to forward this item to the City Council with a recommendation for approval. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 06-2123 SUBMITTED BY JOHN LAUNDER FOR PROPERTY LOCATED AT 1025 COMPANY, VACATING 0.06 ACRE PORTION OF THE UTILITY EASEMENT LOCATED WITHIN THE SUBJECT PROPERTY. 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 the 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 Council of 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 recommendations for the City of Fayetteville, and shall not be in effect until all conditions are met therein. PASSED and APPROVED this—day of 72006. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk EXHIBIT "A" VAC 06-2123 DESCRIPTION OF PROPOSED EASEMENT VACATION PART OF PARCEL 765-08587-000 A 20 FOOT WIDE UTILITY EASEMENT, BEING PART OF VACATED READ STREET IN THE MOUNTAIN VIEW ADDITION TO THE CITY OF FAYETTEVILLE, BEING A PART OF THE SWI /4 OF THE SEI /4 OF SECTION 10, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF BLOCK I IN SAID MOUNTAIN VIEW ADDITION AS DESCRIBED IN A WARRANTY DEED RECORDED AS DOCUMENT NUMBER 2003 53813 ; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF COMPANY STREET N87031 ' 1 5"W 16.94 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTH RIGHT-OF-WAY LINE S24052'39"E 66.86 FEET; THENCE SI 0035'17"E 10.04 FEET TO A FOUND IRON PIN ; THENCE S16°30'58 "E 46.31 FEET; THENCE SI 6'47'46"E 12.80 FEET; THENCE S13 ° 11 '21 "E 14.61 FEET TO A FOUND IRON PIN; THENCE S25° I093 "E 13 .53 FEET TO A FOUND IRON PIN; THENCE N87032'16"W 6.86 FEET; THENCE N24°52'39"W 170. 11 FEET; THENCE S87°31 ' 15 "E 22.52 FEET TO THE POINT OF BEGINNING, CONTAINING 2,577 SQUARE FEET MORE OR LESS. EXHIBIT " B" OW SA "40 alpr pop w 100.171 ' ' Is smi ; 1 Pe 00 ca NW CORNER 765-08587\ 000 IIIBLOM 2003-53913 • 17 " • • . 1 O• FAYETTEMU.E AN •LOT 12 ?i' L ' h YAP LEGEND: N 3 14.61, Is Pow „ r S2S"JLOvMoE DEED LYE " Mabl� mm _. IQ* ft ow N87*32ql6mW 72.42" EASEMENT • BE VACATUD GWHIC SCALE {Cys tk . 134 N. MAN STREET CAVE! SPRINGS, PAR 72718 so PHONE: (479) 2413-1466 ��IiEXI- / FAX (479) 248-1462 • 17• REVOCA13LE TRUST am IF• a • ry • / ®' " ye Le f PC Meeting of June 26, 2006 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: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: Aff -&,� Updated June 27. 2006 VAC 06-2123: (LAUNDER, 447): Submitted by JOHN LAUNDER for property located at 1025 COMPANY. The property is a 20-foot utility easement located at 1025 Company Street and is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE. The request is to vacate the utility easement (0.06 acres) on the subject property. Property Owner: JOHN LAUNDER Planner: ANDREW GARNER Findings: Property Description and Background: The subject property is an existing 20-foot utility easement (0.06 acres) traversing north-south along the eastern property line of a single- family lot located at 1025 Company Street. This property is identified as Lot 13 in Mountain View Addition on Mount Sequoyah. This easement is not being used by any the utility providers. Request: The applicant's request is to vacate the 20' utility easement in order to construct an addition to their existing home. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. 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 KARcports\20061PC Reports\06-26-06WAC 06.2123 (Launder).doc - CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No objections provided a new easement is provided. Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: Staff has not received any written or verbal public comment. Recommendation: Vacating the utility easement in question without provision of another utility easement along the northern portion of this lot could prevent necessary sewer main extensions. However, the applicant has indicated that they will provide a new 10' utility easement traversing east-west along their northern property line as requested by the City's Water and Wastewater Director. Staff finds that this new easement would provide adequate easement for future main extensions. All of the utility companies have approved the easement vacation. Staff recommends approval of the proposed utility easement vacation VAC 06-2123 with the following conditions: Conditions of Approval: I . A new public 10-foot sewer easement shall be provided on the south side of the north property line of this lot, starting at the west end of the Company Street right-of-way and running west to the western property line, as approved by the City Water/Wastewater Director. The existing utility easement shall not be vacated or obstructed by new construction until the new easement is in place and accepted by the City of Fayetteville. 2. Any relocation of existing utilities shall be at the owner/developer's expense. PLANNING COMMISSION ACTION: yes Required Recommendation to be: X Approved Denied Motion: Clark Second: Ostner Vote: 9-0-0 Date: June 26, 2006 Comments: (approved on consent agenda) 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 KAReports\2006\PC Reports\06-26-06\VAC 06-2123 (Launder).doc Request to Vacate Utility Easement Crossing 1025 Company I will be getting marded this fall. In order to accommodate my expanded family, I am removing my existing carport and replacing it with an enclosed two-car garage with a room above it. In order to add on to my existing house, I needed the appropriate permit. In going through the permit process, it was noted by planning, that although a street easement (Read Street), was abandoned by ordinance in 1955, the utility easement was not. The house was permitted and built in 1987. The easement is not shown on existing plats of the property. Only due to the GIS technology, was the easement discovered. Thus, in order to complete my remodel, I need to have the utility' easement vacated. dico**�4 hn Launder, Property Owner 25 Company 501 3730229 12:2. lm. 05-15-2006 4/4 • UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY AND UTILITY EASEMENT VACATIONS DATE: 05/15/06 UTIIJTY COMPANY: Southwestern Sell Telephone d.b.a. AT&T Arkansas REQUESTED VACATION: Street X Utility Easement k 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 tight -of -way. Described as follows: A twenty foot (20') wide utility easement being pan of vacated Read Street in the Mountain View Addition of the City of Fayettevlle. being a part of the SW 9 of the SE 34 of Section 10, Township 16 North, Range 30 West Washington County, Arimnsas and being more particularly described as follows: Commencing at the northwest comer of Block I in said Mountain View Addition as described in a warranty deed recorded as document number 2003 53813; thence along the south dghtaf-way line of Cernpany Street 8P3115W 16.94 feet to the point of beginning; thence depading said south right-of-way line 24°52'39'E 66.86 feet thence S 10°35'1TE 10.04 feet to a found iron pin; thence S 16°30588 48.31 feet thence S16°4T46'E 12.% feet thence S13° 11'21'E 14.61 feet to a found iron ph; thence S25°10'13' E 13.53 feet to a found iron pin; thence N8P3216W 6.86 feet thence N24°52"39' W 170.11 feet thence SSP31'15'E 22.52 feetto the poled of beginning, containing 757 square (eet more or less. 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. Signatures of AT&T Company Representative: L a E. Sommerfeldt Pain r, Mgr.-Engr. (ROW) `May, 10, 2006 7:35AM FA1,.)CUST SVC " No. 0107 P. 2 UTILrf ? APPROVAL FORM FOR RIGHT- OF -WAY, ALLEY, AND UT! UT? EASEMENT VACATIONS DATE: S- /- D k UT7 1TY COMPANY: _ SW £ PLO APPLICANT NAME: APPLICANT PHONE REQUESTED VACATION (applicant must check all that applyr UdEzy Easement Right-of-way for ellq or sheets and all utility easements totted widen the vacated right- of- way_ Alley Street right-of-way I have been notified of the petition to vacate the following (a11ey, daswnent,, right-of-way), descrtbod as follows: General location I Address (refIfening to attucLhed dooccumentt--- must be completed•') ♦, \rni1U 66 .in AYq.A.t c4 1 // ^a t..r //. 4,F Z'.. c.i 's r i C4TTAC9legal desmpdon and graphic represrnta6an of what is being raeated-$Ufl yry) UTll lytIOMPANY COMMENTS: VNo objections to the vacatiou(s) described above. No objections to the vacations) desgtbcd above, provided following dcscnbed easeatnepls are retained. (State the location; dimensions, sndporpose below.) No objections provided the following conditions am met: Signaturc rttlity Company Representative .w Cf t o 44 05/04/2086 88:14 4798720174 COX CONSTRUCTION PAGE 82/04 May LFi lA W:44p Junnse custom Homes cw flu arw µc UTJLJTY APPROVAL FORM. FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMMEN7VACATXONS DATE: UTILITY COMPANY: �X ( OAs e�A/tzst7SOIy� APPLICANT NAME _ APPLICANT PHONE REQUESTED VACATION (applticant avast check Lif that apptyi Utility Esaonenl R(gM-of-way for silty Cr strcvts srd all utility eamna•m locslcd within IM vacated right- of- wsy Alley - Street rkgherd-way I lave been notified of the pctieon to vacatcihe fWPowing (allay, us semen; rig*tof-of described as faIIows: Gawr•d laesdonI Address (mfmiag to attached docutnaot-nmM be enmpktcd•h 'a 4m PANV 57' (ATTAOllegal desctipnSn pn4gnephic r,neseatafon of what is being wealedSUJCYEJ9 UTILITY COMPANY comme(S: r •• 11� • r 1 1 r 1 • t l r n .. - - - . • r - - r - • • • v . • - •.� L'n -I 'll No objections provided the fkltnwing conditions am met: Twe N 2/ 4 5-is-os; 11:41 AM;AgKAN5. _STERN GAS X4795826258 May 04 06 01:15p Sunrise Custom Homes 253 276 9783 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, MUD UTILITY EASEMENT VACATIONS DATE: S- I f) - O (s, UPILJTY COMPANY: sns I)es reRu CAc APPLICANT NAME: APPLICANT PHONE: REQU EST ED VACATION (applicant must check all that apply): o� Utility Easemrnt Right-cf-way for alley or streets and all utility easements located within the vacated right- of- way, Alley Street right-of-way I have beta notified of the petition to vacaie the following (alley, easement, right-of-twy), described as follows: General location / Address (refvring to attached document- must be complctedt ) ,e in -c n__ _ CA c rt !n % A , .'— (4774 CII le C description and graphic representation of what is being sacared-SURVEJ9 U11UTY COMPANY COMMENTS: objections to the vacation(s) described above. No objections to the vacalion(s) described above, provided following described casements art retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: iA (A_J &o 1 m ,ye_ Title February 201)6 Page 3 p.2 D \lay 02 06 04:14p Sunrise Custom Homes 253 276 9783 p.1 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTJL TY EASEMENT VACATIONS DATE: 5/4 4 / ') UTfUTYCOMPANY: 1#&J7C4/` ii- APPLICANrNAME3C4t4fl5�r I i Jg� APPLICANT PHONE:414 &IZ5 'T4fj 1 RIEQUESTFI) VACATION (applicant must check aft that apply): NUtility 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 vacaje the following (a/fm; easement, tight -of -way), described as follows: General location /Address (reeferring to attached document- must be completed•*) (A7TAC!! legal description and graphic representation of what is being vacated SURYEI) UT ILITY COMPANY COMMENTS: 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.) No objections provided the following conditions are met: Signature Ffl,Li (a 05/09/2006 TUE 8:49 FAX 479 s )3478 COF SOLID WASTE & RECYCL ®002/004 May 05 06 05:45p Sunrise Custom Homes 253 276 9783 p.4 UTILITY APPROVAL FORM FOR RIGJUT- OF- WAY, ALLEY, AND UTJtflY EASEMENT VACATIONS DATE: si Ins. UTILITY COMPANY: G i'c.,,y a$ cg&kt S O`er l�)n4,r, M J 4J APPLICANT NAME: APPLICANT PHONE: REQUESTED VACATION (applicant must check aR that applyj: \N/ Utility Easement Rigbt-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 oldie petition to vacate the following (alley, easement, rig/at-of-way), described as follows: General location / Address (refening to attached document- most be completed") e! (ATTACH legal description and graphic representation of what is being vacated SURVEY') UTILITY COMPANY COMMENTS: No objections to the vacations) described above. No objections to the vacation(s) described above, provided fotlowing described easements are retainS- • (State the location, ditnonsions, and propose below.) No objections provided the following conditions are met: 'l l 41 •1 r'u • -u' Title UTILITY APPROVAL FORM I FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS •DATE:24 hnti 2a6 UTILITY COMPANY: L,4`;(!ICUr tt �IZz 5 rThLj� REQUESTED VACATION (applicant must check all that apply): t Utility Easement ❑ Right-ofway 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, easemeni, right-of-way), described as follows: (include legal description and graphic representation of what is being vacated) UTILITY COMPANY COMMENTS: 0 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.) flJL4*' oae o&T ecN be UcLctiJ1 t-ftJf tL Q t,A-t. ~,o a n Lt( Zobe so (✓ai¢ nea /2t,�WA)tt tots� �°�-� tnsna.u, , u,ayr ompany Representative 'v Lafl ` C`Ut�Aip t&e & Title February 2004 page S aye ek1e AS WATER AND WASTEWATER DEPARTMENT DEPARTMENTAL CORRESPONDENCE TO: Jan Gambill, Planning FROM: David Jurgens, Water & Wastewater Director DATE: May 24, 2006 SUBJECT: Easement Vacation Request, 1025 Company I concur with the easement' vacation along the east side of and in the vicinity of 1025 Company with the following comment and requirement. In order to allow for a future main extensions, we require a 10 foot easement on the south side of the north property line of this lot running starting at the west end of the Company Street right of way and running west to the western property line. The sewer service line for the house at 1025 Company trespasses across one or more other lots before it reaches a City main. There are no sewer mains that adjoin the lot. A likely path for a main to get to this lot is along the easement of which part is being vacated. Alternatively, given the slopes in the area, it is entirely possible that a future main could run from Vinson up to and through the Company Street right of way to Sequyoay Drive. This is the basis for the easement being required to be dedicated. The north -south easement on the east side of the lot can be vacated simultaneous with the east -west easement on the north side of the lot being granted. Cc: Engineering Water/Sewer Operations Comlwnyl025 Eaamlvac Mayo6.doc A t% /n iC ,an-7Lc'i. iviay vZ vo vo:aop ounrise t;usEom Homes 253 276 9783 p.1 Fax from: Sunrise Custom Homes, LLc • 9136 Hilton Place Rogers, AR 72756 Fax: 253-276-9783 Phone: 479-925-4359 Cell: 479-236-5015 Email: AIfc�SunriseCustomHomes.com Date: 5/2/2006 3:14 PM Fax to: 479 684 4730 Attention: Melanie Number of nacres including cover: C1 Notes: Melanie, Here is the legal description and exhibit to vacate the easement at 1025 Company Street. I have called Arkansas one call and several locates have already been done. (Locate # 060424-0196) You can contact meat 236-5015 Thank you, At Rahm .Yy r 4 9 e ♦ �tV f r n4J..A \ti� . y, P:` :d1 41 r i. •v I P 4 F 1` rfa :if Mlr -i + { ' U.I 9Y. Qy�' J , 1 L . A� �� # ' tT ::! 1*)t w 4 t-T#tvr - {l. a it �' _.-1�♦ !Q p ] v .. Y ' ,. +Y TN rt.��a1[[�� . . yA LY+u • ^p.^. ♦ 4:44. .l i(4 j / i P 41y ♦ k •\ - 1 ' _I> i. l . i � Y 1 1 ♦P - tr s...e M- 0 .:,� rA , a r��>€1'' s�[pz� � aG f ,. �:ey! e•' a r' Y a -K {y-Xbip� Ti: ATM �� j. J ♦ . tl ♦r l ♦ 1 ♦ N II. �. + �l♦ i ' e }`testa G e a i 1� .',i 1 e♦ V.in�l re 1 A L^ \M ♦ A Y.i Rl • • . - . •4:4t.c- v. 1 ♦r - r. q 1'P "` e to VAC06-21 re Close Up View 1 - - - - - a a + , n LAUNDER -\ - . I' 0 SUBJECT PROPERTY M: ♦ 1 -a:t :- ,- - - & 1 i N3 'mow. —.".0 1 r N .i. Ix n r C 8 k _ ' ASF-0 w - - I -!---,.-- .-i -- - .4fl £ k, r1y i - A. . M i tY 1 • 4{ na' ;1 1 , y 1 Y✓ Y 1 y xh a: t 4 b t.<.[ - ...-t14I - i 1 a, I. - YI - . - - - - - - '. T` y o vY a SF4 . t -- - -- - :j I. Overview Legend 8000§ Oueday Ostrict — FLOODWAY 500 YEAR — m000 — 100 YEAR LIMB OF STUDY — — - Baseline Profile D Fayetteville 0 Outside City Q VACO&2123 vettorGD&Foo nt--2000 Q !ffiside- ltop Overlay Dist 0 37.5 75 150 225 300 Feet j - • .;.; •-.- 7 From: Clarice Pearman To: Pate, Jeremy Date: 7.21.06 2:44PM Subject: Ords. 4898, 4899, 4900 Jeremy: Attached is a copy of the above ordinances passed by City Council, July 18, 2006. If anything else is needed please let me know. Thanks. Clarice CC: Audit; GIS NORTHWEST ARKANSAS EDITION Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Elizabeth Wax, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: Ordinance 4899 Was inserted in the Regular Editions: August 3, 2006ORDINANCE No. 4899 Publication Charge: $153.30 AN ORDINANCE APPROVING VAC W2123 SUB- Taye ALBATED WI HI O+F TE HE ATED AT 1025 �71L BJECT PERTY IS_ evl t ARKANSAS Subscribed and sworn to before me This day of , 2006. Notary Public(4'CIL: My Commission Expires: Sharlene D. Williams Notary Public State of Arkansas My Commission Expires October 18, 2014 RECEIVED AUG 0 92086 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE WHEREAS, the City Council has the authprity - under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for dor- porate purposes; and WHEREAS, the City Council has determined that the following described portion of the planed uti4 iy easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: r , Section 1: That the City Council of the City of Fayetteville. Arkansas hereby vacates and abandons the following described utility easement: Sea Exhibit'Aattached 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 end labeled Exhibit 'B* shall be filed In the office of the Recorder of the County and record- ed 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 Corrvnissbn recommendallons for the City of Fayetteville, and than not be in effect until all conditions are'met therein. - PASSED and APPROVED this 16th day of Juy, 2006.. 1J APPROVED: ATTEST: By: By, DAN GOODY, Mayer SONDRA SSMITH, City Clwk EXHIBIT'A' VAC W2123 t DESCRIPTION OF PROPOSED EASEMENT VACATION: '• PART OF PARCEL 765-08587-000 A 20 FOOT WIDE UTILITY EASEMENT, BEING PART OF VACATED READ STREET IN THE MOUN- TAIN VIEW ADDITION TO THE CITY OF FAYETTEVILLE. BEING A PART OF THE SW1/4 OF THE SE1/4 OF SECTION 10, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF BLOCK / IN SAID MOUNTAIN VIEW ADDITION AS DESCRIBED IN A WARRANTY DEED RECORDED AS DOCUMENT NUMBER 2003 53813; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF COMPANY STREET N87°31'15W 16.94 FEET.TO THE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTH RIGHT-OF-WAY LINE S24°52'39E 66.86 FEET, THENCE 510°35'17'E 10.04 FEET TO A FOUND IRON PIN; THENCE Sic 3058E 46.31 FEET THENCE S16°4T46-E 12.80 FEET; THENCE S73°1121'E 14.61 FEET TO A FOUND IRON PIN; THENCE S25°1013'E 13.53 FEET TO A FOUND IRON PIN; THENCE NBT'32'16'W 6.86 FEET: THENCE N24°52'39W 170.11 FEET; THENCE S879115'E 22.52 FEET TO THE POINT OF BEGINNING, CONTAINING 2,577 SQUARE FEET MORE OR LESS. Exhibit '9' isa map and may be Wend during notmalpusiness hours at the City Clerics Office